Crim 2_Villa-Ignacio 2014 Finals Answers

Part I.

1.
No. Sec. 21 prescribes a procedure for the confiscation and disposition of seized Dangerous
Drugs. Non-compliance with the procedures laid down in Sec. 21 does not necessarily warrant
the acquittal of the accused. Simple procedural lapses as long as there are justifiable grounds
and that the integrity and the evidentiary value of the seized items are preserved justify
procedural lapses.

However, in case of gross procedural lapses in complying with section 21 of the DDA resulted in
the compromise of the identity of the items seized, which is the corpus delicti of the crime, acquittal
of the accused is in order. A gross or deliberate disregard of the procedural safeguards laid out in
section 21 negates the presumption of regularity in the performance of official duties.

2. No. 1100 (page 437).

No. The man would be liable for acts of lasciviousness with the consent of the offended party.
Grave scandal can only be committed when the highly scandalous act does not fall in any other
provision of the revised penal code. In this case, the man who committed acts of lewdness or
lasciviousness upon a virgin or single woman who is under 18 years of age but over 12 years by
means of abusing his authority as a teacher is liable for acts of lasciviousness with consent of the
offended party.

3. No. 1126 (page 444).

Yes, the judge is liable for indirect bribery for accepting a gift by reason of his public office. The
acts performed by the public officer might be just and proper but the object of the giver of the gifts
is that the are given to the judge in anticipation of a future favour from him in connection with his
official functions making the judge susceptible for future corruption.

4. No. 1138 (page 450).

The fiscal is criminally liable for malversation. In this case, the fiscal misappropriated funds whom
that were deposited to him by reason of his office so that he could keep them safe to be used as
evidence. Malversation can be committed by a public officer who misappropriates public funds or
property under his control or custody. Although the money used belonged to a private individual,
such money was still seized from the accused by public authority and deposited with the fiscal.
Thus, misappropriation of the same by a public officer charged with its custody or control or its
accountability already constitutes malversation.

5. No. 1204 (page 477)

No. The article merely provides for the circumstances which if present would benefit the person
who killed or inflicted physical injuries on his spouse or daughter under 18 years of age and living
with him. The penalty of destierro is intended for his protection, not as a punishment.

If a person killed his spouse and/or paramour, or his daughter and/or seducer under the
circumstances provided in Art. 247, he will be prosecuted for parricide and/or homicide. In case of
conviction, the penalty is destierro.

6. No. 1220 (page 482)

No. Uninhabited place and nighttime are not qualifying circumstances in murder.

7. Art. 335 and Anti-rape Law (R.A. 8353)

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Crim 2_Villa-Ignacio 2014 Finals Answers
There are two classifications of rape: 1. Traditional Rape under Art. 335 and 2. Sexual Assault
under R.A. 8353. Traditional Rape as defined in Art. 335 is carnal knowledge with a woman against
her will by a man. Sexual Assault under Art. 8353 is committed when the offender inserts his penis
to another persons mouth or anal orifice or by inserting an instrument or object into the genital or
anal orifice of another person. The offender and the offended party can either be a man or a
woman in the case of the insertion of any instrument or object.

Under Traditional Rape, rape is committed by a man who will have carnal knowledge of a woman
against her will under any of these circumstances: a. by using force or intimidation, b. when woman
is deprived of reason or otherwise unconscious, c. by means of fraudulent machination or grave
abuse of authority, or c. when the woman is under 12 years of age or demented.

Under Sexual assault, rape is committed by an act of sexual assault by inserting the penis into
another persons mouth or anal orifice, or any any instrument or object, into the genital or anal
orifice of another person under any of the circumstances enumerated in traditional rape.

8. No. 1280 (page 503)

The policemen, like the private individuals with whom he was in conspiracy committed kidnapping
and serious illegal detention because he did not act in his official capacity when he took part in the
commission of the crime. Having acted as a private individual, he was not liable for arbitrary
detention.

9. No. 1314 (page 515)

Violation of domicile can be committed by: 1. entering any dwelling against the will of the owner,
the offender not being authorized by judicial order, and 2. after having surreptitiously entered the
dwelling, refuses to leave after being required to leave by the owner.

Trespass to dwelling is committed by entering the dwelling of another against his will.

The first way of committing violation of domicile and the manner of committing trespass to dwelling
are the same: the offender enters the dwelling of another against his will.

But the other way of committing violation of domicile and the manner of committing trespass to
dwelling are different: in the second way of committing violation of domicile, a offender enters the
dwelling surreptitiously; in trespass to dwelling, the offender enters the dwelling of another against
the latters will. The second way of committing violation domicile is the refusal of the offender to
leave the premises after having been required to to do so.

10.* Art. 282

X is liable for grave threats for threatening A with the infliction upon his person of any wrong
amounting to a crime, in this case killing him, and demanding money from A and actually attaining
his purpose.

11. No. 1383 (page 543)

Robbery with homicide, because the homicide was committed on the occasion, or by reason, of the
robbery.

12. No. 1401 (page 550)

The servant committed robbery by the use of force upon things, because he broke open a locked
chest and with intent to gain, took personal property therefrom.

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Crim 2_Villa-Ignacio 2014 Finals Answers
13. No. 1473 (page 579)

The father committed theft not estafa. When he received the wallet with the money from his son,
the father assumed by voluntary substitution, as to both the property and its owner, the same
relation as was occupied by A the finder. A finder of lost property acquires only physical or material
possession of the thing found by him. In such a case, the father only acquired the physical or
material possession of the wallet and the money. And when he spent the money, the father
committed theft.

14.No. 1496 (page 591)

X committed two crimes, namely: 1. theft for having found a lost property and having failed to
deliver it to the local authority or to its owner; and 2. estafa by means of deceit for having falsely
pretended to be the owner thereof, when he sold the ring to A.

In the crime of theft, the offended party is the owner of the lost ring. In the crime of estafa by
means of deceit, the offended party is the one whom the ring was sold to because he will be
prejudiced when the owner recovers the property in question.

15.* PD 1613

Arson is the malicious destruction of property by fire. X is criminally liable for arson for all the
houses burned in accordance with the principle that one commits a felony is criminally liable
although the wrongful act done be different from that intended. Death resulting from arson however
only aggravates the penalty for the crime to reclusion perpetua in accordance with P.D. 1613.
Thus, X is only liable for Arson.

16. No. 1554 (page 615)

A is not criminally liable because the crime committed by him as principal by induction was theft,
and because of his relation with the offended party he is exempt from criminal liability. But the
exemption established by the code for relatives is not applicable to strangers participating in the
commission of the crime. Hence, the servant is liable for qualified theft.

17. No. 1567 (page 619) Art. 333

No. The crime of adultery can only be committed by the married woman who engages in sexual
intercourse with a man not her husband and the man who, knowing of the marriage of the woman,
has sexual intercourse with the woman. X is neither of these as he was only tasked to watch out
for the husband. Thus, X cannot be held liable for sexual intercourse.

Actually, X participated in the crime of adultery as an accomplice, but he cannot legally be

prosecuted for the crime of adultery.

18. No. 1573 (page 621)

I would advise A not to file a complaint for concubinage as it will not prosper. The reason for my
view is that the act of her husband is not covered by any of the three ways of committing the felony
for concubinage.

The husband did not keep the woman in the conjugal dwelling, the place being a hotel, the sexual
intercourse was not done under scandalous circumstances, as no other person in the hotel knew it,
and it being the first ad only time they were found in the hotel, they did not cohabit as husband and
wife.
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Crim 2_Villa-Ignacio 2014 Finals Answers

19. No. 1607 (page 631)

Yes. A man who engages in sexual intercourse with a woman who is over 12 years of age and
under 18 years of age and of good reputation, single or widow by means of deceit can be held
liable for the crime of simple seduction. Deceit usually takes the form of an unfulfilled promise of
marriage. In this case, if the man does not fulfill his promise to marry the woman when she reaches
the age of majority, the girl may hold him liable for the crime of simple seduction.

20. No. 1631 (page 639)

No, because there was no lewd design. Therefore, A cannot be held liable criminally for consented
abduction.

21. No. 1672 (page 651)

No, because malice is presumed from every defamatory imputation. In such a case, proof of malice
is not required as it is already presumed.

Brets Answer: When the imputation of defamatory character is made against a private individual,
malice is presumed. Therefore, the burden of proof that there was no malice rests on the one
making the imputation. The prosecution in this case no longer needs to prove that there was
malice in the imputation. However, when an imputation of defamatory character is made a against
a public individual, malice must be proven to make the one making the imputation criminally liable.

22. No. 1697 (page 661)

Unjust vexation. It is not slander because there was no publicity.

23. No. 1729 (page 672)

Reckless imprudence consists in voluntarily, but without malice, doing or failing to do an act, from
which material damage results, by reason of inexcusable lack of precaution on the part of the
person performing or failing to perform such act, taking into consideration his employment or
occupation, degree of intelligence, physical condition, and other circumstances regarding persons,
time, and place.

24. No. 1726 (page 671)

Quasi-offenses are those felonies committed thru imprudence and negligence.

Part II.
1. D. Committing suicide is not a crime.
2. A.
3. D.
4. D.
5. C.
6. D.
7. D.
8. A.
9. D.
10. D. No. 1365 (page 535)

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