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CRIMINAL LAW II MIDTERMS 1998 ATTY. AMURAO 1.

An NBI agent who had a long standing grudge with his neighbor executed an affidavit stating therein that guns and ammunitions are inside the house of his neighbor Louis. The same affidavit was presented to the Judge and on the basis thereof said Judge issued a warrant of arrest. Upon the execution of the warrant, neither guns nor ammunition was found in said house. What crime or crimes did the NBI agent commit?

2. Congressman Jose was charged with the crime of murder for which the punishment was prision mayor. In view with such information, the police arrested Congressman Jose. Congressman Jose filed an information against the arresting officer for violation of parliamentary immunity. As the Judge, how would you decide the case before you. 3. Elisa went to the police headquarters charging Arnel for rape. Elisa narrated to the policemen what happened and consequently proceeded to the house of Arnel and arrested him. Five days after his arrest, an information of rape was filed against Arnel. Arnels mother was seeking your advice of the matter. What advice will you give and what crime was committed by the arresting officers? 4. The prosecutor filed a case of murder against John. In lieu of which, John was arrested and no bail was permitted on him. In a baptismal party, Johns brother saw the prosecutor and shot him thereby resulting to the death of said prosecutor. What crimes did Johns brother commit?

5. A priest presented a baptismal certificate dated 17 September 1999 which certificate Bella used for admission to San Beda. Said institution requires that their students be members of the Catholic Church as a requisite for entrance thereto. The truth of the matter is that Bella has never been baptized. What crime/s if any, was committed by the priest?

6. Gregorio Honasan and company for the purpose of taking Malacanang, went to said place and seized the chief executive. In a separate building, other presidential security men were killed and another building was burned. What crime/s if any, did Honasan and company be held liable for?

7. Pol and Lis, policemen, entered a house whose doors were opened. While in the sala and in search of three boxes of marijuana allegedly kept therein, the owner of the house noticing their presence asked them to stop the search and leave which Pol and Lis did. What crime/s has been committed by the two?

8. Cebu Pacific, an aircraft registered in the Philippines was destined for Cebu. Vero and Elen boarded said plane put their things on the racks, brought out their guns and went to the cockpit and seized its control. Vero and Elen ordered the doors of the plane to be closed and at gun point told the pilot to change their destination to Zamboanga. What crime/s did the two commit?

9. MV Dona Tara was crossing the low water mark bound for Cebu when Tony, a passenger of said vessel divested 5 other passengers of their jewelries and other precious belongings. What crime/s may Tony be held liable for? CRIMINAL LAW II MIDTERMS 2002-2003 ATTY. AMURAO

1.

While M/V SM was anchored at Batangas City Pier waiting for passengers to board until their scheduled departure time, Ricky, Tony and Baldo boarded the vessel. With grenades and pistols in their hands and under threat of exploding their grenades, they demanded that all passengers hand over their cellphones, wallets, and jewelries to them which they did out of fear. What crime or crimes if any will you prosecute Rick, Tony, and Baldo?

2. Don Galo, a wealthy businessman and owner of a 6-seater private plane duly registered in accordance with Philippine laws, loaded his plane with poisonous and flammable chemicals as well as assorted explosives to be used in his mining operations in the province. On board the plane were his 5 workers and employees. What crime or crimes if any will you prosecute Don Galo?

3. During their tour of duty at their NAIA satellite office, NBI agent William and Jerry received a call from a supervisor of the PAL saying that a passenger attempted to check in for a PAL flight to Los Angeles, USA, presenting a visa which is doubted to be fake. Responding to their call, the NBI agents arrested the passenger and detained him at the NBI detention cell. What crime or crimes if any will you prosecute the NBI agents?

4. By virtue of a warrant of arrest, SPO1 Miranda arrested John who was facing a charge of Homicide on April 5, 2002 10AM and turned him over to the court only on April 8, 2002 at 3PM. What crime or crimes will you prosecute SPO1 Miranda?

5. SPO2 Cruz secretly entered Ernies house by passing thru the closed-back door. Noticing the presence of a stranger, Ernie who was at the upper floor of his house, went down and demanded that SPO2 Cruz leave, which he did without any word. What crime or crimes if any will you prosecute SPO2 Cruz?

6. Ka Jerry, Ka Gardo, and Ka Cosme, all NPA members, ambushed and murdered Celo, who was perceived to be a military asset and the reason for many surprise assaults against them resulting to the death of several of their comrades. What crime or crimes if any will you prosecute Ka Jerry, Ka Gardo, and Ka Cosme? 7. The police authorities arrested Congressman Malinis by virtue of a warrant of arrest issued by the court where he was charged as an accessory to the crime of homicide. Homicide is punished under the Revised Penal Code with Reclusion Temporal. What crime or crimes if any will you prosecute the police authorities?

8. For refusing to pay for their food and drinks in a karaoke bar, PO1 Bala AND po2 Subas, members of the PNP CIDG were disarmed and detained by elements of the WPD who refused to release them despite request by their commanding officer. The following morning, 10 of their colleagues in the CIDG stormed and shot at random the WPD Headquarters in order to avenge the wrong committed against their colleagues. What crime or crimes if any will you prosecute the CIDG elements?

9. While the Mayor was attending a mass in church one Sunday morning, he was shot and killed by the Governor who was the owner of a cockpit, which the former ordered closed a week earlier for violation of a municipal ordinance. What crime or crimes if any will you prosecute the Governor?

10. The Municipal Secretary, who has the official custody of a municipal resolution duly approved by the municipal council, without any authority, altered the resolution which caused a substantial change in its meaning and application. What crime or crimes if any will you prosecute the Municipal Secretary?

CRIMINAL LAW II COMPILATION OF MIDTERM QUESTIONS ATTY. AMURAO 1. A fishing boat, anchored 5 miles from the coast was boarded by A, B, and C, who were in a motorized banca. They poked guns to the crew, got their watches and valuables amounting to P5,000. What is the offense committed?

2. X was charged with treason. Witness A testified that X delivered speeches favoring the Japanese. Witness B testified that X commandeered foodstuffs to the garrison. Is Treason committed? 3. Metrocom soldiers obtained information that one of their men had been manhandled by a member of the WPD policemen. They lobbed grenades to the five police outposts causing disturbance to the inhabitants but no one was injured. What is the offense committed? 4. A Malacanang janitor found a stationary with the Presidents signature at the bottom. He typed something therein addressed to the GSIS so as to obtain a housing loan amounting to P100,000.00. He was able to get the amount. What is the crime committed?

5. A Catholic priest was about to say mass. A barangay captain who was a member of the INR threatened the priest not to hold that mass and got the people dispersed. What is the crime committed?

6. The secretary in order to make the quorum in a SB meeting, included in the minutes that Pedro Reyes, and another SB member present although they were not. The secretary contended that after just 5 minutes, the meeting was adjourned without discussing anything in the agenda. Is there any offense committed? 7. The boy beat the driver of Capt Reyes of the AFP. Capt Reyes then kept the boy in his house. However, the boy was allowed to play basketball in the yard. The boy was released after 34 hours. Is there an offense committed?

8. X, who was under investigation testified in his bio-data that he was single. When his residence certificate was submitted as evidence, it was showed that he was actually married. Is there an offense? 9. Stella Estrada, 17 years old, was arrested for smoking marijuana. It was her first offense. She was found to be an addict. If you were the defense counsel, what courses of action will you take to protect your client? 10. A-cashier, B-janitor, and C, a private individual conspired to simulate a robbery at the cashiers office. One night, they destroyed the door, took and forced open the safe outside the building. When charged before the court for malversation, A interposed the defense that the alleged crime was not committed during the performance of his office. B stated that he is a mere janitor and

therefore not accountable for the funds. While C vehemently claimed that he is a private individual and therefore could not be liable for malversation of public funds. Decide. 11. X an Y are living together without the benefit of marriage. They have a child only 2 days old. After a drinking spree, X, the husband came home and started cleaning his shot gun. In the process, the gun fired fatally hitting Y and the child. X is accused of double parricide thru reckless imprudence. Is the accusation correct? Why?

12. Accused came home unexpectedly. Before ascending the stairs, he peeped through a hole near the kitchen door, saw his wife and her paramour kissing each other and after a few minutes, he saw the paramour trying to lift the skirt of his wife; that she at first objected but later consented and herself lowered her trousers while the paramour unbuttoned his. Before they could commence the sexual act, accused burst into the room and stabbed the paramour to death. What is the legal consequence of the killing? 13. In order to excite B sexually, so that he could consummate his lewd design, A gave her chocolate with an over-dose of canthande. Consequently, the woman died, I being a fact that canthande contains poison. There is no question that the intention of A is merely to excite the woman sexually and not to kill her. Is A liable for murder or homicide? 14. Motivated by hatred, Pedro shouted at Jose, saying Bumaba ka sa bahay mo at tayo ay magtagisan ng lakas at tingnan natin kung kaninong bituka ang lalabas at the same time brandishing a bolo. Jose refused to accept the challenge but minutes later, while Jose was walking near his house, Pedro chased him and only the presence of cooler heads prevented Pedro. **The samplex did not have a question** POSSIBLE TOPICS TO BE ASKED: Aleviosa, Can the attack be considered sudden? Was there a warning prior? Did the refusal to accept the challenge negate the warning of the lines uttered? 15. Juan went to the house of his fianc, Juana who is 17 years old as her parents were absent. Availing of the opportunity with a promise of marriage, he succeeded in having sexual intercourse with her. What crime, if any was committed by Juan?

16. A pleasure craft cruising along the Manila Bay more than 3 miles from the shoreline of Bataan was intercepted by a boat of armed men aboard a speed boat. The armed men boarded the craft and at gun point divested the crew and passengers of their valuables. On the occasion thereof, 5 lady passengers were raped. What was the felony committed and under what provision of law should they be charged?

17. X is not a member of the NPA nor did he take up arms against the government. The evidence however shows that he has been furnishing food supplies, cigarettes and other necessities to the chief of the NPA, and helping the latter in the purchase of basic necessities from the market. Also, he was responsible for opening a bank account for the NPA chief. Is X liable for any felony?