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Saint Ferdinand College

College of Criminology
City of Ilagan, Isabela

EXPANDED TERTIARY EDUCATION EQUIVALENCY AND


ACCREDITATION PROGRAM (ETEEAP)

MODULE IN CRIMINAL LAW BOOK 2


(CRIMINAL JURISPRUDENCE)

Presented in these document are outline of course topic


references that serves as study guide in answering practical or
situational case analysis provided in the three learning modules.

The learning modules are found in the Compilation One: A


Compiled ETEEAP Materials in Criminal Jurisprudence, Procedure and
Evidence ... as the main reference.

Competencies : The ETEEAP Beneficiary shall be able to:


1. Know the different elements of the different crimes
2. Know and apply new penal statutes
3. Apply knowledge of elements of crime
4. Analyze and differentiate crimes
Criminal Law Book II

MODULE I

CRIMES AGAINST PERSONS

Course Topic Reference

Most common crimes committed against persons


I. PARRICIDE
II. INFANTICIDE
III. MURDER (Article 248; RPC)
IV. HOMICIDE (Article 249; RPC)
V. ABORTION
VI. PHYSICAL INJURIES:
VII. Republic Act 8353- RAPE
When and how is rape committed?

QUESTIONNAIRE FOR MODULE I

1. Indicate whether in the following instances the offender can be


charged of parricide or not. If the crime is parricide write
Parricide. If not, then write Not Parricide.

1. A person who kills his brother Not Parricide


2. One who kills his step daughter Not Parricide
3. He who kills an illegitimate grandfather Not Parricide
4. A mother who kills her 1 day old child Not Parricide
5. A father who kills his illegitimate son Parricide
6. One who kills his aunt Not Parricide
7. One who kills his cousin Not Parricide
8. A father who kills his son-in-law Not Parricide
9. A man who kills his live-in partner Not Parricide
10. A person who kills his nephew Not Parricide
11. A mother who kills her adopted son Parricide
12. A wife who kills her husband Parricide
13. He who kills his illegitimate grandson Not Parricide
14. A mother who kills her daughter Parricide
15. A mother who kills her illegitimate Parricide
daughter
16. One who kills his grandchild Parricide
17. A person who kills his great grandfather Parricide
18. One who kills her illegitimate sister Not Parricide
19. A person who kills his brother-in-law Not Parricide
2. A person is found dead with wounds in at his back and thirty other
wounds in the different parts of his body. What crime are you going
to file? Justify your answer?

Answer:

Murder by means of treachery. Treachery is present when the


offender commits a crime against persons, employing means,
methods or forms in the execution which tend directly and
especially to ensure its execution without risk to himself or herself
arising from any defense which the offended party might make.

In this case, the wounds in his back could be the first stabs
sustained to ensure offenders safety from the defensive or
retaliatory acts of the victim, while the other wounds all over his
body could only be sustained after the victim was stabbed from his
back.

It can also be Homicide and not murder because even if theres a


stab wounds in the back of the victim, it is not conclusive of the
presence of the qualifying circumstances of treachery.

3. A, a house maid of X prepared a beverage for the latter. Her


purpose was to help X who was complaining of stomach ache.
When the beverage was taken by X he suffered an abortion. She
nearly died and was confined in the hospital for 31 days.

Under existing laws, A cannot be charged of either


intentional or unintentional abortion. Can you explain why? What
crime did A commit? Reason out.

Answer:
To be charged of intentional abortion, these elements must be
present:
1. There is a pregnant woman
2. Violence is exerted, or drugs or beverages administered, or
that the accused otherwise acts upon such pregnant woman
3. As a result of the use of violence or drugs or beverages upon
her, or any other act of the accused, the fetus dies, wither in
the womb or after having been expelled therefrom
4. Abortion is intended

While in unintentional abortion:


1. There is a pregnant woman
2. Violence is used upon such pregnant woman without
intending an abortion
3. Violence is intentionally exerted
4. As a result of the violence exerted, the fetus dies either in the
womb or after having been expelled therefrom

Since the action in this case is not intentional and without


inflicting violence deliberately and voluntarily upon the pregnant
woman, A is not liable of intentional and unintentional abortion.
A can only be held liable of either reckless imprudence or simple
imprudence for lack of intention to commit the wrong done
because the purpose of A is only to cure the stomach trouble of X.

4. X challenge Y to a fight. The latter readily accepted the challenge.


As a result of the fight, Y died. What crime are you going to file?
Why?

The crime of homicide must be filed. The facts in this case do not
constitute the acts punishable under Articles 260 and 261 since
there were no seconds who fixed the conditions of the fight in a
more or less formal manner. A mere fight as a result of a challenge is
not necessarily a duel because a duel implies an agreement to fight
under determined conditions and with the participation and
intervention of seconds who fixed the conditions.

5. A homosexual (tomboy) inserted her finger into Anas female organ,


against the latters will and consent.
a. Under existing laws the crime only constitutes acts of
lasciviousness and not rape. Can you explain why?

Answer:
The crime committed is rape by sexual assault under Republic
Act 8353. Under this new law, offender commits an act of sexual
assault by inserting his penis into another persons mouth or anal
orifice, or by inserting any instrument or object into the genital or
anal orifice of another person. And, violation of the body orifices by
the fingers is within the expanded definition of rape under RA 8353,
hence, A is liable of the crime rape and not acts of lasciviousness.

b. If what has been inserted into Anas female organ is an object, let
us say, a piece of candle, are you going to charge the homosexual
of the same crime of acts of lasciviousness or are you going to
charge her this time of the crime of rape. Justify your answer.

Answer:
The crime committed is still a rape by sexual assault under
Republic Act 8353 as explained above.

Criminal Law Book II


MODULE II

CRIMES AGAINST PROPERTY:

Course Topic Reference

PART I - How does robbery differ from theft?

ROBBERY:
I. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF
PERSONS
II. ROBBERY WITH FORCE UPON THINGS.

THEFT:

PART II - Other crimes against property


I. Brigandage (Article 306; RPC)
II. Art.315- Swindling (Estafa)
1. With unfaithfulness or abuse of confidence
2. By means of any false pretenses or fraudulent acts executed prior
to or simultaneously with the commission of the fraud

III. Art. 327- Malicious mischief


IV. ARSON: (Art. 320 to 326-B as amended by P.D. No. 1613 and R.A.
7659)

QUESTIONNAIRE FOR MODULE II

1. A, B, C and D robbed a bank. When they were about to


flee, policemen came and they traded shots with them. If one of the
policemen was killed in the exchange of shots, definitely the crime is
robbery with homicide.

Questions:
a. If one of the robbers was killed by the police officers, what crime
are you going to file against the remaining robbers? Why?

Answer:
The remaining robbers are all liable Robbery by a band. As
stated in the Revised Penal Code, when more than three armed
malefactors take part in the commission of robbery, it shall be
deemed to have been committed by a band. At least four armed
persons must take part in the commission of the crime. It is true
even one of the members of a band died during the exchange of
shots with the responding police officer.

b. If a bank employee was killed by the policemen in the course of


the latters action of arresting or trying to arrest the robbers
what crime are you going to file? Reason out.

Answer:
The police officer is not liable for the death of the bank
employee because it is a mere accident and falls under the
exempting circumstances stated in the Revised Penal Code to wit:
any person who, while performing a lawful act with due care,
which in this case is to capture and prevent the robbers, causes
an injury by mere accident without fault or intention of causing
it, is exempt from criminal liability.

2. Ana was on her way home from school, one night when suddenly A,
a desperate lover, grabbed her, poked an ice pick on her neck, then
dragged her on a grassy place. Ana tried to fight to resist the sexual
advances made by A but the latter boxed her in the abdomen
reason for which he succeeded in having sexual intercourse with
her. After the sexual intercourse, A was about to leave when he
noticed Anas bag thrown a few meters away from the unconscious
body of Ana. A took the bag. Ana comes to you to file a complaint.

What crime/s are you going to file? Explain.

Answer:
As a lawyer, I will file two distinct case of rape and unjust
vexation. As stated in the facts of the case, the intention of the
culprits was just to have sexual intercourse with the victim and his
taking of her bag after the rape was not with intent to gain but just
to have some tokens of her supposed consent to the coition.

3. Differentiate theft from robbery with violence against or


intimidation of person.

Answer:

1. In theft, taking of personal property is not by means of


force upon things or violence against or intimidation of
persons, while in robbery, taking is by means of force upon
things or violence against or intimidation of persons.
2. In theft, penalty depends on the amount involved, while in
robbery, penalty does not necessarily depend on the
amount involved.
3. In theft, offender takes the property without the consent of
the owner and without using threats, intimidation or
violence, while in robbery, offender takes the property
without the consent of the owner by using threats,
intimidation or violence
Criminal Law Book II

MODULE III

CRIMES INVOLVING LIBERTY

Course Topic Reference

PART I - Illegal Detention as differentiated from Arbitrary Detention:


PART II - Illegal Detention:
PART III - Other crimes against liberty:

QUESTIONNAIRE FOR MODULE III

1. Miss X went to the PNP station and complained of having been


raped by A last night. Immediately, the Chief of Police ordered the
arrest of A and detained him at the PNP station.
Was the arrest legal? Explain fully by citing the crime committed if
there be any.

Answer:

The arrest is not valid. As stated in the Rules of Court, peace


officer, or even a private person, may only effect an arrest even
without a warrant when the person to be arrested has committed, is
actually committing or it attempting to commit an offense in his
presence, or when an offense has just been committed and the
officer has probable cause to believe based on personal knowledge
of facts or circumstances that the person to be arrested has
committed it.

In this case, police officers are liable of the crime unlawful arrest
for arresting and detaining A without legal grounds. What Miss X
may do in such case is to file a complaint with the Prosecutors
Office, and when after investigation, the fiscal becomes convinced
that theres a probable cause to charged A with the offense and the
court issued an order for his arrest, thats the only time that police
officer can validly arrest and detain the accused.

2. A has a standing warrant of arrest. When the police officers went


to his house to serve the same, A grabbed a minor child, poked a
knife at the latters neck, called for media people, and demanded a
vehicle from the authorities which he could use in escaping.

What crime did he commit if any?


Answer:

In this case, A can only be charged of slight illegal detention.


Although the minor was held by A, theres no indubitable proof that
the actual intent was to deprive the minor of her liberty because
such restraint of his freedom of action was merely incident in the
commission of another offense primarily intended by the offender.

3. Differentiate Arbitrary Detention from Illegal Detention.

Answer:

In arbitrary detention, it is committed by public officer or


employee who detains a person without legal ground, while in
illegal detention; it is committed by a private person who unlawfully
deprives a person of his liberty.

In arbitrary detention, the offender has a duty which carries


with it the authority to detain a person, while in illegal detention,
the offender does not include as his function the power to arrest
and detain a person.

In arbitrary detention, it is a crime against the fundamental


laws of the State, while in illegal detention, crime is committed
against personal liberty.

4. A gave B a knife and ordered him to kill X who was sleeping


nearby. A pointed his gun to B and told the latter that he would
shoot him (B) if he refused to do so. If B stabbed to death X

Question:
i. What is the degree of participation of A in the death of X?
Reason out.

Answer:

A, in this case, is the principal by induction in the crime of


murder, by directly inducing and forcing B to kill X using an
irresistible force and by causing uncontrollable fear through
pointing of gun and threatening that he would shot B if he
refused. A can also be held liable with grave coercion as a
separate offense.

ii. Is B criminally liable? Explain.


No. B is not criminally liable as co-conspirator of A because
he does not act with freedom, rather his actions was under the
compulsion of an irresistible force as one of the exempting
circumstances recognized by law

6. A and B murdered X. C, knowing what the two (A and B ) did


to X, buried the corpse to prevent its discovery.

Question:
i. What is the degree of participation of C in the crime of murder?
Why?

C is liable as an accessory in the crime of murder by


concealing burying the body of X in order to prevent its
discovery. As stated in the Revised Penal Code, any person who,
having knowledge of the commission of the crime, and without
having participated therein, take part subsequent to its
commission by concealing or destroying the body of the crime or
the effects or instruments thereof, in order to prevent its
discovery is considered an accessory.

7. A was walking along a dark alley when X from behind snatched


the bag she was then carrying. X ran away after snatching the bag.

What crime was committed?

X committed a crime of theft. As stated in the Revised Penal


Code, theft is committed by any person who, with intent to gain but
without violence against or intimidation of persons nor force upon
things, shall take personal property of another without the latters
consent.

8. A went to his wife, who was living separately from him to entreat
her to live with him again, but a cousin of his wife provoked him
then and there, reason for which, A assaulted his wifes cousin. As
a result, his wifes cousin lost his left arm.

What crime are you going to file against A? Why?

A is liable of the crime serious physical injuries under the


Revised Penal Code. As stated, any person who shall wound, beat, or
assault another, shall be guilty of the crime of serious physical
injuries, if in consequence of the physical injuries inflicted, the
person injured shall have lost a hand, a foot, an arm, or leg, or shall
have lost the use of any such member, or shall have become
incapacitated for the work in which he was therefore habitually
engaged.

9. A police officer shot a 7 years old child in his abdomen. The child
would have died were it not for a timely medical attendance.

What crime was committed? Why?

The police officer committed a crime of Frustrated Murder. As


held, trying to kill a minor is murder even if the manner of attack
was not shown.