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UNIVERSITY OF THE CORDILLERAS

COLLEGE OF LAW
Baguio City

CRIMINAL LAW 2

REVIEW GUIDE FOR THE FINAL EXAMINATION


MAY 25, 2018

Please Memorize the following:

1. Illegal recruitment? Enumerate the elements.


2. Ways of committing estafa involving economic sabotage.
3. Ways of committing rape and elements of each.
4. When is rape qualified?
5. Elements of sexual harassment.
6. Syndicated child pornography.
7. Requisites for criminal liability under BP 22
8. Distinguish BP 22 from estafa.
9. BP 22 as a continuing crime?
10. Elements of the crime of arson.
11. Persons liable in violation of anti-hazing law.
12. Elements of parricide.
13. Rules for the application of the circumstances that qualify
the killing to murder.
14. Intentional/Unintentional abortion and abortion practiced
by a physician or practiced by the woman herself.
15. Distinctions between physical injuries and frustrated
homicide.
16. Distinctions between robbery and theft.
17. Presumption of fencing?
18. Ways of committing estafa.
19. Elements of adultery and concubinage.
20. Elements of qualified seduction and simple seduction
21. Elements of forcible abduction and consented abduction.
22. Elements of libel.

Please focus on (preferably memorize) the essential


elements/rules/fundamentals of the following
concepts/principles/subject matter. Refer also to the cases studied.

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I. ON TITLE VIII: CRIMES AGAINST PERSONS

A. Enumerate the Crimes Against Person

B. Jojo and Felipa are husband and wife. Believing that his
work as a lawyer is sufficient to provide for the needs of
their family, Jojo convinced Felipa to be a stay at- home
mom and care for their children. One day, Jojo arrived home
earlier than usual and caught Felipa in the act of having
sexual intercourse with their female nanny, Alma, in their
matrimonial bed. In a fit of rage, Jojo retrieved his revolver
from inside the bedroom cabinet and shot Alma,
immediately killing her. Is Art. 247 (death or physical
injuries inflicted under exceptional circumstances) of the
Revised Penal Code (RPC) applicable in this case given that
the paramour was of the same gender as the erring spouse?
Is Felipa liable for adultery for having sexual relations with
Alma?

C. If the slightest penetration of the female genitalia


consummates rape by carnal knowledge, how does the
accused commit attempted rape by carnal knowledge?

D. Why is there no crime of frustrated serious physical injuries?

E. What crime is committed by a person who kills a three-day


old baby?

F. What are the ways committing the crime of rape.


Enumerate the elements of each.

G. Tonito, an 8-year-old boy, was watching a free concert at


the Luneta Park with his father Tony. The child stood on a
chair to be able to see the performers on the stage. Juanito, a
10-year-old boy, who was also watching the concert, could
not see much of the performance on the stage because
Tonito was blocking his line of sight by standing on the
chair. Using his elbow, Juanito strongly shoved Tonito to get
a good view of the stage. The shove caused Tonito to fall to
the ground. Seeing this, Tony struck Juanito on the head
with his hand and caused the boy to fall and to hit his head
on a chair. Tony also wanted to strangle Juanito but the
latter's aunt prevented him from doing so. Juanito sustained
a lacerated wound on the head that required medical
attendance for 10 days. Tony was charged with child abuse
in violation of Sec. 10(a), in relation to Sec. 3(b)(2), of R.A.
No. 7610 (Child Abuse Law) for allegedly doing an "act by
deeds or words which debases, degrades or demeans the
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intrinsic worth and dignity of a child as a human being." In
his defense, Tony contended that he had no intention to
maltreat Juanito, much less to degrade his intrinsic worth
and dignity as a human being. Was Tony criminally liable
for child abuse under R.A. No. 7610?

H. A, is the wife of B, but she and X her former friend were


having an illicit relation. One afternoon, B, unnoticed by A,
followed his wife to a motel and saw her enter a room and
close the door. After the lapse of some minutes, B managed
to get in and found A and X lying together in bed. With his
knife, B plunged at X but the latter parried the thrust and
was able to wrest the weapon from B and stabbed the latter
to death. Prosecuted for homicide, X invoked the justifying
circumstance of self-defense in killing B. Rule on the defense
of X?

I. A, a male, takes B, another male, to a motel and there,


through threat and intimidation, succeeds in inserting his
penis into the anus of B. What, if any, is A’s criminal
liability?

J. Angelino, a Filipino, is a transgender who underwent


gender reassignment and had implants in different parts of
her body. She changed her name to Angelina and was a
finalist in the Miss Gay International. She came back to the
Philippines and while she was walking outside her home,
she was abducted by Max and Razzy who took her to a
house in the province. She was then placed in a room and
Razzy forced her to have sex with him at knife's point. After
the act, it dawned upon Razzy that Angelina is actually a
male. Incensed, Razzy called Max to help him beat Angelina.
The beatings that Angelina received eventually caused her
death. What crime or crimes, if any, were committed?
Explain.

K. During the nationwide transport strike to protest the phase


out of old public utility vehicles, striking jeepney drivers
Percy, Pablo, Pater and Sencio, each armed with guns, hailed
several MMDA buses then providing free transport to the
stranded public to stop them from plying their routes. They
later on commandeered one of the buses without allowing
any of the passengers to alight, and told the driver to bring
the bus to Tanay, Rizal. Upon reaching a remote area in
Tanay, Percy, Pablo, Pater and Sencio forcibly divested the
passengers of their cash and valuables. They ordered the
passengers to leave thereafter. Then, they burned the bus.
When a tanod of the barangay of the area came around to
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Intervene, Pater fired at him, instantly killing him. After
Percy, Pablo, Pater and Sencio were arrested, the police
authorities recommended them to be charged with the
following crimes, to wit: (1) carnapping; (2) robbery, (3)
direct assault with homicide; (4) kidnapping; and (5) arson.
State your legal opinion on the recommendation of the
police authorities on the criminal liabilities incurred by
Percy, Pablo, Pater and Sencio.

L. Braulio invited Lulu, his 11-year old stepdaughter, inside


the master bedroom. He pulled out a knife and threatened
her with harm unless she submitted to his desires. He was
touching her chest and sex organ when his wife caught him
in the act. The prosecutor is unsure whether to charge
Braulio for acts of lasciviousness under Art. 336 of the RPC;
for lascivious conduct under RA 7610 (Special Protection
against Child Abuse, Exploitation and Discrimination Act);
or for rape under Art. 266-A of the RPC. What is the crime
committed? Explain.

M. Mrs. Z was charged of child abuse. It appears from the


evidence that she failed to give immediately the required
medical attention to her adopted child, A , when he was
accidentally bumped by her car, resulting in his head
injuries and impaired vision that could lead to night
blindness. The accused, according to the social worker on
the case, used to whip him when he failed to come home on
time from school. Also, to punish him for carelessness in
washing dishes, she sometimes sent him to bed without
supper. She moved to quash the charge on the ground that
there is no evidence that she maltreated her adopted child
habitually. She added that the accident was caused by her
driver's negligence. She did punish her ward for
naughtiness or carelessness, but only mildly. Is her motion
meritorious?

N. H and W are married. But W has an identical twin WW. H


saw WW enter a motel with ZZ. H, mistakenly believing that
WW was his wife killed her upon surprising her having sex
with ZZ in the motel room. What is the criminal liability of
H?

O. BB concealed FF’s body and the fact that he killed him by


setting FF’s house on fire. What crime or crimes did BB
commit?

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P. X killed B, mistakenly believing that she was his wife, upon
surprising her having sex with another man in a motel
room. What is the criminal liability of X?

Q. Arnold, 25 years of age, was sitting on a bench in Luneta


Park watching the statue of Jose Rizal when, without his
permission, Leilani, 17 years of age, sat beside him and
asked for financial assistance, allegedly for payment of her
tuition fee, in exchange for sex. While they were conversing,
police operatives arrested and charged him with violation of
Section l0 of RA 7610 (Special Protection of Children against
Child Abuse, Exploitation and Discrimination Act), accusing
him of having in his company a minor, who is not related to
him, in a public place. It was established that Arnold was
not in the performance of a social, moral and legal duty at
that time. Is Arnold liable for the charge? Explain.

R. On hearing a hospital ward patient on the next bed,


shrieking in pain and begging to die, M shut off the oxygen
that was sustaining the patient, resulting in his death. What
crime if any did M commit?

S. When is a crime deemed to have been committed by a


band?

T. What is the criminal liability, if any, of a pregnant woman


who tried to commit suicide by poison, but she did not die
and the fetus in her womb was expelled instead?

U. The accused was shocked to discover his wife and their


driver sleeping in the master’s bedroom. Outraged, the
accused got his gun and killed both. Can the accused claim
that he killed the two under exceptional circumstances?

V. A has been a bar girl/GRO at a beer house for more than 2


years. She fell in love with AT, the bartender, who
impregnated her. But A did not inform him about her
condition and instead, went home to Cebu to conceal her
shame. However, her parents drove her away. So she
returned to Manila and stayed with AT in his boarding
house. Upon learning of her pregnancy, already in an
advanced state, AT tried to persuade her to undergo an
abortion, but she refused. Because of their constant and
bitter quarrels, she suffered birth pangs and gave birth
prematurely to a live baby girl while AT was at his place of
work. Upon coming home and learning what happened, he
prevailed upon A to conceal her dishonor. Hence, they
placed the infant in a shoe box and threw it into a nearby
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creek. However, an inquisitive neighbor saw them and with
the help of others, retrieved the infant who was already
dead from drowning. The incident was reported to the
police who arrested A and AT. The 2 were charged with
parricide under Article 246 of the Revised Penal Code.
Correct?

W. A, a young housewife, and M, her paramour, conspired to


kill K, her husband, to whom she was lawfully married. R
and F bought pancit and mixed it with poison. R gave the
food with poison to M, but before M could eat it. C, his
illegitimate father, and E, her legitimate son, arrived. M, C
and E shared the food in the presence of A, who merely
watched them eat. M, C and E died because of having
partaken of the poisoned food. What crime or crimes did A
and M commit?

X. J and N committed 2 counts of the complex crime of forcible


abduction with rape (Art. 342, Revised Penal Code) and the
separate offense of murder against D. The crime committed
is abduction because there was lewd design when they took
the victims away and subsequently raped them. The killing
thereafter, constitutes the separate offense of murder
qualified by treachery. Correct? Will N's minority exculpate
him?

Y. Who are the persons liable for violation of the Anti-Hazing


Law (RA 9049).

II. ON TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND


SECURITY

A. Enumerate the Crimes Against Personal Liberty and


Security

B. Lina worked as a housemaid and yaya of the one-week old


son of the spouses John and Joana. When Lina learned that
her 70-year old mother was seriously ill, she asked John for
a cash advance of P20,000.00, but the latter refused. In
anger, Lina gagged the mouth of the child with stockings,
placed him in a box, sealed it with masking tape, and placed
the box in the attic. Lina then left the house and asked her
friend Fely to demand a P20,000.00 ransom for the release
of the spouses' child to be paid within twenty-four hours.

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The spouses did not pay the ransom. After a couple of days,
John discovered the box in the attic with his child already
dead. According to the autopsy report, the child died of
asphyxiation barely minutes after the box was sealed. What
crime or crimes, if any, did Lina and Fely commit? Explain.

C. A seduced B’s daughter who is 16 years of age and A had


carnal knowledge with B’s daughter. A was not willing to
marry her. B threatened to file a criminal action against him
for qualified seduction, unless he would marry her. Is B
liable for grave threats? Explain.

D. B, a private individual, kidnapped E, a minor as B was


enamored with her beauty. On the second day, B released E
even before any criminal information was filed against him.
At the trial of his case, B raised the defense that he did not
incur any criminal liability since he released the child before
the lapse of the 3-day period and before criminal
proceedings for kidnapping were instituted. Will B’s defense
prosper?

E. M, after being berated by her mother, left their house. T,


who was a neighbor of M, invited the latter to his apartment
to spend the night therein to which M voluntarily agreed. T
led M to a room where she was to sleep. After leaving the
room, T returned and sat on the bed, completely naked. He
then had carnal knowledge with M against her will. After
gratifying his lust, T warned M not to tell anyone about the
incident and warned her that her mother would condemn
her for sleeping at his apartment. M was padlocked inside
the house for five days until she was rescued. Was the
complex crime of serious illegal detention with rape
committed?

F. A received an urgent telephone call from J, her eldest son,


asking for P2,000 to complete his semestral tuition fees
preparatory to his final exams in Commerce. Distressed and
disturbed, she borrowed money from her compadre G with
the assurance to pay him within 2 months. Two months
lapsed but A failed to settle her obligation. G told A that she
does not have to pay the loan if she will allow her youngest
10-year old daughter E to work as a housemaid in his house
for 2 months at Pl,000 a month. Despite A's objection, G
insisted and brought E to his house to work as a maid.
Crime committed?

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G. The three accused forcibly took their victim from his car but
the latter succeeded in freeing himself from their grip. What
crime did the three accused commit?

H. When disturbance is deemed tumultuous?

I. PO3 B entered the dwelling of T against the latter’s will on


suspicion that T keeps unlicensed firearms in his home.
What was the crime committed by PO3 B?

J. Pedro, Pablito, Juan and Julio, all armed with bolos, robbed
the house where Antonio, his wife, and three (3) daughters
were residing. While the four were ransacking Antonio's
house, Julio noticed that one of Antonio's daughters was
trying to escape. He chased and caught up with her at a
thicket somewhat distant from the house, but before
bringing her back, raped her. What crime or crimes, if any,
did Pedro, Pablito, Juan and Julio commit? Explain. Suppose,
after the robbery, the four took turns in raping the three
daughters inside the house, and, to prevent identification,
killed the whole family just before they left. What crime or
crimes, if any, did the four malefactors commit?

K. What is the criminal liability, if any, of a private person who


enters the dwelling of another against the latter's will and
by means of violence or intimidation for the purpose of
preventing some harm to himself?

L. M and B were once madly in love but are now legally


separated. Their child C, a minor, was placed in the custody
of Y the mother, subject to monthly visitations by M, his
father. On one occasion, when M had C in his company, M
decided not to return C to Y. Instead, M took C with him to
the United States where he intended for them to reside
permanently and make C a permanent reminder of his once
mad love for B. What crime did M commit?

III. ON TITLE X: CRIMES AGAINST PROPERTY

A. Enumerate the Crimes Against Property

B. Enumerate the ways of committing the crime of estafa.

C. Removing, concealing or destroying documents to


defraud another constitutes the crime of estafa. Who are
liable?

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D. Ofelia, engaged in the purchase and sale of jewelry, was
charged with violation of PD 1612, otherwise known as
the Anti-Fencing Law, for having been found in
possession of recently stolen jewelry valued at Pl
00,000.00 at her jewelry shop. Her defense is that she
merely bought the same from Antonia and produced a
receipt covering the sale. She presented other receipts
given to her by Antonia representing previous
transactions. Convicted of the charge, Ofelia appealed,
arguing that her acquisition of the jewelries resulted
from a legal transaction and that the prosecution failed
to prove that she knew or should have known that the
pieces of jewelry which she bought from Antonia were
proceeds of the crime of theft. What is a "fence" under PD
1612? Is Ofelia liable under the Anti-Fencing Law?
Explain.

E. Insulted when he was called macho by the manager of


the bank where he was employed as security guard, B,
enraged, shot the former, who died on the spot. As B was
about to leave the bank premises, he noticed the vault
open. He entered it, forced a locked container and got the
jewelry therein. The prosecutor charged him with
robbery with homicide. Correct?

F. Upon a laboratory examination of the fish seized by the


police and agents of the Fisheries Commission, it was
indubitably determined that the fish they were selling
were caught with the use of explosives. Accordingly, the
three vendors were criminally charged with the violation
of Section 33 of P.D. 704 which makes it unlawful for any
person to knowingly possess, deal in, or sell for profit
any fish which have been illegally caught. During the
trial, the three vendors claimed that they bought the fish
from a fishing boat which they duly identified. The
prosecution however claimed that the three vendors
should nevertheless be held liable for the offense as they
were the ones caught in possession of the fish illegally
caught. Did they commit a crime?

G. A is the driver of B's Mercedes Benz car. When B was on


a trip to Paris, A used the car for a joy ride with C whom
he is courting. Unfortunately, A met an accident. Upon his
return, B came to know about the unauthorized use of
the car and sued A for qualified theft. B alleged that A
took and used the car with intent to gain as he derived
some benefit or satisfaction from its use. On the other
hand, A argued that he has no intent of making himself
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the owner of the car as he in fact returned it to the
garage after the joy ride. What crime or crimes, if any,
were committed? Explain.

H. Two [2] Philippine National Police (PNP) officers. X and


Y, on board on motorboat with Z, a civilian as motor-
man, arrested A and B who were in a banca, for dynamite
fishing. The latter's banca was towed towards the
municipality. On the way, the PNP motorboat was
intercepted by a third banca whose occupants, C, D, and
E, tried to negotiate for the release of A and B and their
banca. The PNP officers refused and instead shouted at C,
D. and E that they are all under arrest. Thereupon, C, D,
and E simultaneously threw dynamite sticks at the PNP
motorboats. The first explosion killed X. A and B also
reacted by throwing dynamite at the PNP motorboat: its
explosion killed Y and Z. What crime or crimes did A, B,
C, D and E commit?

I. G, a tricycle driver, plied his usual route using a Honda


motorcycle with a sidecar. One evening, D AND P rode on
the sidecar, poked a knife at G and instructed him to go
near the bridge. Upon reaching the bridge, D alighted
from the motorcycle and suddenly stabbed G several
times until he died. D and P fled from the scene taking
the motorcycle with them. What crime or crimes did D
AND P commit? Explain. Can they post bail in vase they
were apprehended. In case of conviction, what would be
their penalty?

J. Domingo is the caretaker of two (2) cows and two (2)


horses owned by Hannibal. Hannibal told Domingo to
lend the cows to Tristan on the condition that the latter
will give a goat to the former when the cows are
returned. Instead, Tristan sold the cows and pocketed
the money. Due to the neglect of Domingo, one of the
horses was stolen. Knowing that he will be blamed for
the loss, Domingo slaughtered the other horse, got the
meat, and sold it to Pastor. He later reported to Hannibal
that the two horses were stolen. What crime or crimes, if
any, did Tristan commit? What crime or crimes, if any,
were committed by Domingo? Explain.

K. ABC robbed Flower Bank. In order to delay the response


of the police and so that D, Flower Bank Manager could
not readily ask for help of the police, ABC brought with
them D to a certain distance but later on released him

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when the police are no longer in sight. What crime or
crimes did ABC commit?

L. LL and his father have a long-standing enmity. One day,


irked by an argument with his father, LL smashed the
windshield of his father’s brand new Fortuner. What
crime or crimes did LL commit, if any?

M. X draws a check upon request of Y, the payee, who told X


that he would merely show the check to his creditor to
gain more time to pay his account. The check bounced
upon presentation by the creditor. A case as filed against
Y as he was the one who negotiated the check contrary to
the agreement. He claims that the crime should be
against X as the drawer of the check. Rule on his
argument.

N. A, B, and C agreed to rob a house of its cash. A and B


entered the house while C remained outside as lookout.
After getting the cash, A and B decided to set the house
on fire to destroy any evidence of their presence. What
crime or crimes did C commit?

O. Any person who, having found lost property, shall fail to


deliver the same to the local authorities or to its owner is
liable for?

P. A entered the house of B. Once inside the house of B, A


took and seized personal property by compulsion from B
with the use of violence and force upon things, believing
himself to be the owner of the personal property so
seized. What is the criminal liability of A?

Q. I, a housemaid, broke into a pawnshop intent on stealing


items of jewelry in it. She found, however, that the
jewelry were in a locked chest. Unable to open it, she
took the chest out of the shop. What crime did she
commit?

R. When the crime of robbery in an inhabited house or


public building is mitigated.

S. R, the city treasurer of Baguio City, received from the


national government five (5) new computers for the use
in the city treasurer’s office. Each computer valued at
P15,000.00. Since R needed money for the
hospitalization of his sick son, he sold four (4) of the
computers to his VERY CLOSE friend, O, a general
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merchant, for P10,000.00. O then resold the computers.
Two months after the transaction, R audited and the
investigation led to the discovery that O bought the four
(4) computers. Is O liable for violation of the Anti –
Fencing Law?

T. The president, treasurer, and secretary of ABC corp.


were charged with syndicate estafa under the following
information: That on or about the 1st week of January
2010 or subsequent thereto in Cebu City and within the
jurisdiction of this Honorable Court, the above-named
accused, conspiring, and confederating together and all
of them mutually helping and aiding one another in a
syndicated manner, through a corporation registered
with the Securities and Exchange Commission, with
intention of carrying out the unlawful or illegal act,
transaction, enterprise or scheme, with intent to gain
and by means of fraud and deceit, did then and there
willfully, unlawfully, and feloniously defraud 1, 2 and 3
and several other persons by falsely or fraudulently
transactions, which they made with complainants and
the public in general, to the effect that they were in a
legitimate business of foreign exchange trading
successively or simultaneously operating under the
name and style of ABC corp. and DEF Management Phil.
Inc., induced and succeeded in inducing complainants
and several other persons to give and deliver to said
accused the amount of at least P20,000,000.00 on the
strength of said manifestations and representations, the
accused knowing fully well that the above-named
corporations registered with the SEC are not licensed
nor authorize to engage in foreign exchange trading and
that such manifestations and representation to transact
in foreign exchange were false and fraudulent, that these
resulted to the damage and prejudice of the
complainants to funds solicited from the public in
general by such corporations or associations. Will the
case for syndicated estafa prosper?

U. X stole the calf of Y. When Y inquired about his cow, X


denied seeing it. The cow was eventually found in X`s
possession, but X claimed persistently that the cow was
entrusted to him by his brother Z, such that Y had to
enlist the aid of the Barangay captain and PC soldiers to
retrieve his cow. Crime?

V. A asked financial support from her showbiz friend B who


accommodated her by issuing in her favor a post-dated
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check in the sum of P90,000.00. Both of them knew that
the check would not be honored because B’s account had
just been closed. The two then approached trader C
whom they asked to change the check with cash, even
agreeing that the exchange be discounted at P85,000.00
with the assurance that the check shall be funded upon
maturity. Upon C’s presentment of the check for payment
on due date, it was dishonored because the account had
already been closed. What action/s may C commence
against A and B to hold them account for the loss of her
P85,000.00?

W. S, a tricycle driver, plied his usual route using a Honda


motorcycle with a sidecar. One evening, R rode on the
sidecar, poked a knife at S and instructed him to go near
the bridge. Upon reaching the bridge, R alighted from the
motorcycle and suddenly stabbed S several times until
he was dead. R fled from the scene taking the motorcycle
with him. Crime?

X. C broke open a window and, without entering the house,


took a wooden chest lying just underneath the window.
He brought out the chest to the yard where he broke it
open and took away the contents thereof, all valued at
P1,000,00. He was charged with robbery with force upon
things. Correct?

Y. M represented to A, R, H and S that she could send them


to London to work there as sales assistants. She collected
and received from them various amounts of money for
recruitment and placement fees totaling P400,000. After
their dates of departure were postponed several times
and after they already spent for four “despedida” parties,
the four prospects got suspicious and went to POEA
(Phil. Overseas Employment Authority). There they
found out that M was not authorized nor licensed to
recruit workers for employment abroad. They sought
refund to no avail. Is M liable?

Z. G, a tricycle driver, plied his usual route using a Honda


motorcycle with a sidecar. One evening, D AND P rode on
the sidecar, poked a knife at G and instructed him to go
near the bridge. Upon reaching the bridge, D alighted
from the motorcycle and suddenly stabbed G several
times until he died. D and P fled from the scene taking
the motorcycle with them. What crime or crimes did D
AND P commit?

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IV. ON TITLE XI: CRIMES AGAINST CHASTITY

A. Mr. XXX owns a boarding house where he knowingly


allowed children to be videotaped while simulating explicit
sexual activities. What crime or crimes did XXX commit, if
any? Explain.

B. In 2004, S, a Filipino citizen and resident of Baguio City, and


L, a West German citizen were married at St. Joseph Catholic
Church, in Baguio City. In 2007, L returned to West
Germany where he initiated a divorce proceeding, against
Socorro before a local court which, in due time,
promulgated in July 2009 a decree of divorce on the ground
of failure of marriage. In September 2012, L returned to the
Philippines only to find out that S had filed a case of legal
separation against him. In December 2014, L who learned of
the cohabitation of S and E, her childhood sweetheart, when
he (L) was in Germany, filed a sworn complaint for adultery
against S and E with the Office of the City Fiscal of Baguio.
S's counsel moved to dismiss the complaint on the ground
that S is not liable for the offense. Resolve the motion.

C. H and Ware husband and wife living together in an


apartment within the university belt. They took in S, a male
student and town mate as a boarder. Before long Hand S fell
in love with each other until H caught them in bed. If you
were the investigating fiscal, to whom H complained, that
aggravating circumstance or circumstances would you liege
in the Information for Adultery against Wand S? Why?

D. H is validly married to W. because of their indifferences, H


decided to live separately from W. H went abroad and meet
B, a beautiful lady than W. H and B fell in love with each
other. H and B decide to get married. They celebrated their
marriage in Hongkong and their marriage was validly
celebrated. H together with B returns to the Philippines and
both of them lives in a condo unit as Husband and wife.
What is the crime committed H?

E. BA and BB had been married for more than six months.


They live together with the children of BB from her first
husband. BA had sexual relationship with C, the 14 year old
daughter of BB. C loves BA very much that is why she
willingly gave in to the intercourse. What was the crime
committed by BA, if any?

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V. ON TITLE XII and XIII: CRIMES AGAINST THE CIVIL STATUS
OF PERSONS AND CRIMES AGAINST HONOR

A. A childless couple, A and B, wanted to have a child they


could call their own. C, an unwed mother, sold her newborn
baby to them. Thereafter, A and B cause their names to be
stated in the birth certificate of the child as his parents.
This was done in connivance with the doctor who assisted
in the delivery of C. what are the criminal liabilities, if any,
of the couple A and B, C and the doctor?

B. Enumerate the elements of the crime of libel.

C. A is the president of the corporate publisher of the daily


tabloid, Bulgar; B is the managing editor; and C is the
author/writer. In his column, Direct Hit, C wrote about X,
the head examiner of the BIR-RDO Manila as follows:

"Itong si X ay talagang BUWAYA kaya ang logo ng


Lacoste T shirt niya ay napaka suwapang na buwaya. Ang
nickname niya ay si Atty. Buwaya. Ang PR niya ay 90% sa
bayad ng taxpayer at ang para sa RP ay 10% lang. Kaya
ang baba ng collection ng RDO niya. Masyadong
magnanakaw si X at dapat tanggalin itong bundat na
bundat na buwaya na ito at napakalaki na ng kurakot."

A, B and C were charged with libel before the RTC


of Manila. The three (3) defendants argued that the article
is within the ambit of qualified privileged communication;
that there is no malice in law and in fact; and, that
defamatory comments on the acts of public officials which
are related to the discharge of their official duties do not
constitute libel. Was the crime of libel committed? If so, are
A, B, and C all liable for the crime? Explain.

D. X, a court employee, wrote the presiding judge a letter,


imputing to Y, also a court employee, the act of receiving an
expensive gift from one of the parties in a pending case.
Because of this, Y accused X of libel. Does Y need to prove
the element of malice in the case?

E. X, a tabloid columnist, wrote an article describing Y, a


public official, as stupid, corrupt, and having amassed ill-
gotten wealth. X relied on a source from Y's own office who
fed him the information. Did X commit libel?

F. What crime is committed when a person ill-treats another


by deed without causing any injury?

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G. The exchanges of highly offensive words between two
quarrelling women in the presence of a crowd of people
constitute how many counts of slander?

H. S, the husband of N, informed a TV commentator, D, that his


wife had complained that their youngest child who was
allegedly extremely ill and on the verge of death was
denied admission at the Y Hospital because N, his wife,
could not put up the cash deposit required by the hospital.
Without verifying said report, D, in his TV program, urged
the closure by the authorities of Y Hospital for denying
medical assistance to a dying child simply because the
mother could not give a cash deposit. He added that the
said hospital even refused to accept a check. It turned out
however that the story was wrong. The sick child of S and N
was never in a critical condition, and there was no check
involved in the incident. Subsequently, D was charged with
libel. Correct?

IMPORTANT REMINDERS:

 When answering, read each question very carefully and write your
answers in your examination notebook in the same order the
questions are posed. Write your answers only on the front, not the
back, page of every sheet in your notebook. Note well the allocated
percentage points for each number, question, or sub-question. In
your answers, use the numbering system in the questionnaire.

 Answer the questions legibly, clearly, and concisely. Start each


number on a separate page even if it is only a sub-question.

 A mere "Yes" or "No" answer without any corresponding explanation


or discussion will not be given any credit. Thus, always briefly but
fully explain your answers although the question does not expressly
ask for an explanation. At the same time, remember that a complete
explanation does not require that you volunteer information or
discuss legal doctrines that are not necessary or pertinent to the
solution to the problem. You do not need to re-write or repeat the
question in your Notebook.

 You can use the questionnaire for notes you may wish/need to write
during the examination.

 Submit the QUESTIONNAIRE together with your notebook.

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 Indicate the page numbers at the upper right hand portion of your
examination notebook.

 Do not tear any page of your notebook.

THINGS TO BRING:

 Please bring your annotated books (highlighted) on the day of the


exam.

 Record books are to be submitted also on the day of the exam.

 Do not forget to bring notebooks (80 pages). Buy notebooks that


have no margins yet. No spiral notebooks please. Do not write your
name yet.

 For those who reported on Special Laws, please email your


report/powerpoint presentation to my email
(isaganicalderon@yahoo.com)

 Study well. God bless you.

It has been a pleasure to be with you for a semester friends.


To top the bar should be your attitude. Always remember: “Your
ATTITUDE not your APTITUDE determines your ALTITUDE”. God
bless you in your exams.

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