Check other crime activities!!!!!!!!

1. Walter gave Xavier an “Ipon ken” Karate strike to the mouth. Xavier was brought to the
hospital and stayed there for one (1) day and discharged. The punch also resulted in Xavier
losing his front tooth. What crime/s, if any, was committed?

Serious Physical Injury was committed because the loss of the front tooth is visible and impairs
the appearance of the offended party, it constitutes disfigurement and which disfigurement could
not be removed by the action of nature.

The case shows that the offended party was brought to the hospital and stayed there for one day
and the punch resulted in Xavier losing his front tooth which cannot be removed by the action of
nature.Because of the disfigurement, serious physical injury was committed.

2. Pervo and Maria were neighbors. One night, a naked Pervo went inside Maria’s house and into
her bedroom where she was sleeping. Pervo removed Maria’s clothes. Maria was shocked into
immobility and could not shout for help. Pervo then proceeded to have sexual intercourse with
Maria. Maria filed a case for Rape against Pervo. In his defense, Pervo argues that (1) Maria did
not resist, therefore, there was no rape; and (2) Pervo claims that he is impotent and could not
have had sexual intercourse with Maria. Discuss the validity of Pervo’s two (2) arguments.

Jurisprudence ruled that failure of the victim to shout for help does not negate rape and the
victim’s lack of resistance especially when intimidated by the offender into submission does not
signify voluntariness or consent. Physical resistance is not the sole test to determine whether a
woman involuntarily succumbed to the lust of an accused; it is not an essential element of rape.
In this case, Maria reacted differently in which she could not shout and her immobility when
confronted with sexual abuse. Therefore, the claim of the offender of no rape committed due to
no resistance happened must fail.

Furthermore, it was ruled that impotency can be total inability to achieve erection, an
inconsistent ability to do so, or a tendency to sustain only brief erections. Full or deep necessary is
not necessary to consummate sexual intercourse. It is enough that there is the slightest penetration
of the male organ into the female sex organ. The mere touching of the male organ of the labia of
the pudendum of the woman’s private part is sufficient to consummate rape. In this case, the
offender has not specified as to what extent his erectile dysfunction may be. He may still have a
tendency to sustain only brief erections and the mere touching of his organ of the labia of the
pudendum of Maria’s private part is sufficient to consummate rape. Therefore, the claim of not able
to commit rape due to impotency must also fail.

3. Allan and Brando were both employees of X company. X company had a staff house near its
office. The staff house had several rooms where qualified employees could stay and live. Allan
had one of these rooms. However, because of a violation of company rules he lost his room
privilege and the room was awarded to Brando. Allan was instructed to vacate the room so that
Brando could move in. Brando arrived at the staff house with his personal belongings ready to
move in. Brando noticed that the door to the room was open, so he started to move his
personal belongings inside the room. Unknown to Brando, Allan had not yet vacated the room
and was out buying boxes for moving out. When Allan returned he saw Brando inside the room.
Allan charged Brando with Trespass to Dwelling. Is Brando liable as charged?

No, Brando is not liable with Trespass to Dwelling.

The law specifies three elements for a person to be liable with Trespass to Dwelling, which are as
follows: a) Offender is a private person, b) enters the dwelling of another, and c) entry is against
the will of the latter.

In this case, Brando is a private person and he entered the dwelling place of another, in this case
is Allan. However, consent was given by X company which is the owner of the said dwelling
place and the entry of Brandon was not against the will of the latter since it was awarded to
Brando. There was also no implied prohibition since the door was left open before Brando
entered.

Thus, Brando is not liable as charged.

4. Crystal was Danielle’s bookkeeper. Crystal discovered that Danielle was cheating in her taxes.
Crystal told Danielle: “If you won’t give me a raise I will report you to the BIR.” What crime, if
any did Crystal commit?

A crime of Light Threat was committed by Crystal which has the following elements: a) threat to
commit a wrong, b) wrong does not constitute a crime , c) demand for money or other condition is
imposed, even though not unlawful , and d) the offender attains or does not attain his purpose.

In this case alleged threat upon the complainant, by telling her that she would be reported to the
Bureau of Internal Revenue for tax evasion, does not amount to a crime. Crystal demanded for
money and in this case it was through a raise in salary. Blackmailing itself is wrong and may
amount to light threat as to this case.

Therefore, the crime of Light Threat was committed.

5. Ezequiel knew that Frank had a lot of cash hidden in his house and he wanted to get that cash
by
any means possible. One night, Ezequiel broke the window of Frank’s house and entered inside.
When Frank came down to investigate the noise, Ezequiel pointed a gun at him and demanded
that he turn over his cash. Frank, out of fear for his life gave Ezequiel the money. What crime
or crimes, if any, did Ezequiel commit?
6. Gabby subscribed to a PLDT domestic phone line. Gabby who was savvy in information
technology, connected his domestic phone line to the internet and was able to use it to make
international calls without paying PLDT for the said calls. What crime, if any, did Gabby
commit?

7. Hilary went to Ivan the jeweler. Hilary signed an agreement with Ivan. In the agreement,
Hilary
was going to take possession of ten (10) pieces of jewelry of Ivan and try to sell them within a
period of one (1) month. If she sells any of the jewelry, Hilary would remit the proceeds thereof
to Ivan and be entitled to ten (10%) percent as compensation. If she cannot sell the items
within the agreed one month, she has to return them to Ivan. Hilary was able to sell five (5) of
the pieces and was about to return the rest together with the proceeds. However before
arriving at Ivan’s, Hilary’s parents called and asked if she had any money. Her parents had
incurred several debts and had put up their house as collateral. They were in danger of losing
their house. Hilary, who had no option, sent the money and jewelry to her parents so they
could pay off their debts. What crime, if any, did Hilary commit?

8. Lenora a married woman had sexual intercourse with Manuel, her officemate. They checked in
a motel under assumed names to make sure no one would know about their affair. What crime,
if any, was committed and by who?

9. Noel committed the Seduction. The victim was Ophelia, her 16-year old niece. However,MM
Ophelia who felt sorry for her uncle decided not file a case against him. Ophelia’s parents
decided to file the complaint against Noel. Noel objected that since Seduction is a private
offense, only the victim can file the same. Since Ophelia is not incapacitated or dead and she
did not file the case, no case can be filed against him. Discuss the validity of Noel’s argument.

10. Pascual was the city mayor. He could not help drinking whisky, lots and lots of whisky. His
family finally decided to have him admitted to a rehabilitation for alcoholics. One day, Rodrigo a
reporter for the “The Daily Rapper”, an online newspaper wrote an article with a heading:
“Mayor Pascual admitted for alcoholism” Pascual charged Rodrigo with libel. Is Rodrigo liable
as charged?