CRIMINAL LAW 2

1. The S.S. Nagoya Maru was negotiating the sea route from Hongkong
towards Manila, and while still 300 miles from Aparri, Cagayan, its
engines malfunctioned. The Captain ordered the ship to stop for
emergency repairs lasting for almost 15 hours. Due to exhaustion, the
officers and crew fell asleep. While the ship was anchored, a
motorboat manned by renegade Ybanags from Claveria, Cagayan,
passed by and took advantage of the situation. They cut the ship's
engines and took away several heavy crates of electrical equipment
and loaded them in their motorboat. Then they left hurriedly towards
Aparri. At daybreak, the crew found that a robbery took place. They
radioed the Aparri Port Authorities resulting in the apprehension of the
culprits.
a. What crime was committed? Explain. (5%)

b. Supposing that while the robbery was taking place, the culprits
stabbed a member of the crew while sleeping. What crime was
committed? Explain. (5%)
2. What is the difference between violation of domicile and trespass to
dwelling? (5%)
3. How is the crime of coup d'etat committed? [5%]
4. Supposing a public school teacher participated in a coup d'etat using
an unlicensed firearm. What crime or crimes did he commit? [5%]
5. VC, JG. GG and JG conspired to overthrow the Philippine Government.
VG was recognized as the titular head of the conspiracy. Several
meetings were held and the plan was finalized. JJ, bothered by his
conscience, confessed to Father Abraham that he, VG, JG and GG have
conspired to over- throw the government. Father Abraham did not
report this information to the proper authorities. Did Father Abraham
commit a crime? If so, what crime was committed? What is his criminal
liability? [5%]
6. Who are deemed to be persons in authority and agents of persons in
authority? [5%]
7. A, a detention prisoner, was taken to a hospital for emergency medical
treatment. His followers, all of whom were armed, went to the hospital
to take him away help him escape. The prison guards, seeing that
they were outnumbered and that resistance would endanger the lives
of other patients, deckled to allow the prisoner to be taken by his
followers. What What crime, if any, was committed by A's followers?
Why? [5%]
8. Manny killed his wife under exceptional circumstances and was
sentenced by the Regional Trial Court of Dagupan City to suffer the
penalty of destierro during which he was not to enter the city.While
serving sentence, Manny went to Dagupan City to visit his mother.
Later, he was arrested in Manila.
a. Did Manny commit any crime? [5%]
b. If so, where should he be prosecuted? [5%]
9. Pascual operated a rice thresher in Barangay Napnud where he
resided. Renato, a resident of the neighboring Barangay Guihaman,
also operated a mobile rice thresher which he of- ten brought to
Barangay Napnud to thresh the palay of the farmers there. This was
bitterly resented by Pascual, one afternoon Pascual, and his two sons
confronted Renato and his men who were operating their mobile rice
thresher along a feeder road in Napnud. A heated argument ensued. A
barangay captain who was fetched by one of Pascual's men tried to
 appease Pascual and Renato to prevent a violent confrontation.
However, Pascual resented the intervention of the barangay captain
and hacked him to death. What crime was committed by Pascual?
Discuss fully. [5%]

10. Defendant-appellant, while serving sentence for the crime of

homicide, killed on Sabas Aseo for which the CFI of Manila found him
builty with the crime of murder, meting him the penalty of death. On
appeal to the Supreme Court, appellant contend that the CFI erred in
applying Article 160 (Quasi-recidivism) of the RPC as it is applicable
only when the new crime which was committed by a person already
serving sentence is different from the crime for which he is serving
sentence. Is the defendant correct? [5%]
11. X was charged with falsification because in her certificate of
candidacy for the position of councilor she had ‘willfully and unlawfully’
made the false statement that she was eligible to said office although
she knew fully well that she was under 23 years old. Was the charge
proper? [5%]
12. On appeal, defendant-appellant questions the judgment rendered by the CFI of
Manila finding him guilty of evasion of service of sentence under Art. 157. Defendant
maintains that Art. 157 apply only in cases of imprisonment and not when the
sentence imposed upon was “destierro,” as in his case. Is the defendant correct?
[5%]
13. Because of the approaching town fiesta in San Miguel, Bulacan, a dance was held in
Barangay Carinias. A, the Barangay Captain, was invited to deliver a speech to start
the dance. While A was delivering his speech, B, one of the guests, went to the
middle of the dance floor making obscene dance movements, brandishing a knife and
challenging everyone present to a fight. A approached B and admonished him to
keep quiet and not to disturb the dance and peace of the occasion. B, instead of
heeding the advice of A, stabbed the latter at his back twice when A turned his back
to proceed to the microphone to continue his speech. A fell to the ground and died.
At the time of the incident A was not armed. What crime was committed? ([5%]
14. VC, JG, and GG conspired to overthrow the Philippine Government. VG was
recognized as the titular head of the conspiracy. Several meetings were held and the
plan was finalized. JJ, bothered by his conscience, confessed to Father Abraham that
he, VG, JG and GG have conspired to overthrow the government. Father Abraham did
not report this information to the proper authorities. Did Father Abraham commit a
crime? If so, what crime was committed? What is his criminal liability? ([5%]
15. For the killing of Redempto Manatad, a policeman and who was then in the
performance of his official duties, accused Rodrigo Dasig, a self-confessed member of
the sparrow unit, the liquidation squad of the NPA, was found guilty of murder with
direct assault. On appeal, he claims that he should be convicted at most of simple
rebellion and not murder with direct assault. Is the appeal meritorious? [10%]
16. A was charged with the crime of treason. In his defense, he asserts that he can no
longer be prosecuted for treason since he already lost his Filipino citizenship under
paragraphs 3, 4, and 6 of the Commonwealth Act No. 63, which provides that “…a
Filipino may lose his citizenship by accepting commission in the military, naval, or air
service of a foreign country…” when he joined the Japanese armed forces. Is his
defense tenable? [5%]