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Mayor Capul agreed. Erwin and Bea went to Mayor Capul's office on the day of the
ceremony, but Mayor Capul was not there. When Erwin and Bea inquired where Mayor
Capul was, his chief of staff Donato informed them that the Mayor was campaigning for the
coming elections. Donato told them that the Mayor authorized him to solemnize the marriage
and that Mayor Capul would just sign the documents when he arrived. Donato thereafter
solemnized the marriage and later turned over the documents to Mayor Capul for his
signature. In the marriage contract, it was stated that the marriage was solemnized by Mayor
Capul. What crime(s) did Mayor Capul and Donato commit? Explain. (8 points)
2. Ferji, a very rich businessman, convinced Luke, a clerk of court, to issue an order of release
for Tako, Ferji’s cousin, who was in jail for a drug charge. After receiving P1,000,000.00,
Luke forged the signature of the judge on the order of release and accompanied Ferji to the
detention center. At the jail, Luke gave the guard P100,000.00 to open the gate and let Tako
out. What crime or crimes did Ferji, Luke, and the guard commit? (8 points)
3. During a town fiesta in Sta. Barbara, Iloilo, Luis, the chief of police, permitted Eusebio, a
detention prisoner and his compadre, to leave the municipal jail and entertain visitors in his
house from 10:00 a.m. to 8:00 p.m. Eusebio returned to the municipal jail at 8:30 p.m. Was
there any crime committed by Luis? (7 points)
4. Macho married Ganda, a transgender. Macho was not then aware that Ganda was a
transgender. On their first night at Zuri Hotel, after their marriage, Macho discovered that
Ganda was a transgender. Macho confronted Ganda and a heated argument ensued. In the
course of the heated argument, a fight took place wherein Ganda got hold of a knife to stab
Macho. Macho ran away from the stabbing thrusts and got his gun which he pointed at Ganda
just to frighten and stop Ganda from continuing with the attack. Macho had no intention at all
to kill Ganda. Unfamiliar with guns, Macho accidentally pulled the trigger and hit Ganda that
caused the latter’s death. What was the crime committed? (8 points)
5. During a town fiesta in Brgy. San Miguel, Jordan, Guimaras, a free-for-all fight erupted in the
public plaza. As a result of the tumultuous affray, Gilbert sustained one fatal and three
superficial stab wounds. He died a day after. Jicky, Michael, Roland and Jofer were proven to
be participants in the "rumble", each using a knife against Gilbert, but it could not be
ascertained who among them, inflicted the mortal injury. Who shall be held criminally liable
for the death of Gilbert and for what? (8 points)
6. After a heated argument over his philandering, Andres punched on the head his wife
Gregoria, who was six and a half months pregnant. Because of the impact, Gregoria lost her
balance, fell on the floor with her head hitting a hard object. Gregoria was brought to
Guimaras Provincial Hospital, but she died and the child was expelled prematurely. After
thirty-six hours, the child died.
a) What crime(s) did Andres commit? Explain. (4 points)
b) Assuming that when the incident occurred, Gregoria was only six months pregnant, and
when she died, the fetus inside her womb also died, will your answer be different? Explain. (4
points)
7. Alexander, a minor, was bullied by Brutus, his classmate. Having had enough, Alexander got
the key to the safe where his father kept his licensed pistol and took the weapon. Knowing
that Brutus usually hung out at a nearby abandoned building after class, Alexander went
ahead and hid while waiting for Brutus. When Alexander was convinced that Brutus was
alone, he shot Brutus, who died on the spot. Alexander then hid the gun in one of the empty
containers. At the time of the shooting, Alexander was fifteen years and one month old. What
is Alexander's criminal liability? Explain. (7 points)
8. Fidel and Fred harbored a long standing grudge against Jorge who refused to marry their
sister Lani, after the latter got pregnant by Jorge. After weeks of surveillance, they finally
cornered Jorge in Central Market, Iloilo City, when the latter was walking home late at night.
Fidel and Fred forcibly brought Jorge to San Joaquin, Iloilo where they kept him hog-tied in a
small nipa house located in the middle of a rice field. Two days later, they killed Jorge and
dumped his body into the river. What crime or crimes did Fidel and Fred commit? Explain. (7
points)
9. 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?
Why? (7 points)
10. Edsheran, a call center agent assigned at a graveyard shift, went home earlier than usual. He
proceeded immediately to their bedroom to change his clothes. To his surprise, he found his
wife Bionci in bed making love to another woman Magna. Enraged, Edsheran grabbed a knife
nearby and stabbed Bionci, who died.
a) What crime did Edsheran commit, and what circumstance attended the case? Explain. (5
points)
b) Assuming that Edsheran and Bionci were common-law spouses, will your answer be the
same? Explain. (5 points)
11. Berto stabbed John, an innocent bystander who accidentally bumped him. The John died as a
result of the stabbing. Berto was arrested and was tested to be positive for the use of “shabu"
at the time he committed the stabbing. What should be the proper charge against Berto?
Explain. (6 points)
12. A complaint for rape was filed by the victim Angel against her father Gregorio. When Angel
was about to finish her testimony, she and her aunt Lucy (her closest relative) executed
separate affidavits of desistance wherein they stated that they are forgiving the accused. The
judge dismissed the case. Is the dismissal proper? (6 points)