SPECIAL PENAL LAWS

23 December 2019 9:00 A.M. – 12:00 NN.

I.
On May 2, 2008, International Justice Mission (IJM) coordinated with the police in order
to entrap persons engaged in human trafficking in Cebu City. Several police officers were
designated as decoys, pretending to be tour guides looking for girls to entertain their guests. PO1
Luardo and PO1 Veloso proceeded to D. Jakosalem St. red light district. Accused, Casio, noticed
them and called their attention and offered if they’d like some girls. After the conversation the
conversation, Casio presented to the police officers two minors, AAA and BBB. After having
settled the negotiation, they went to Queensland Motel. The marked money was handed to Casio
and the two minors were brought to another room in the custody of the representatives of IJM and
DSWD.
The accused however, contends that there was no valid entrapment instead she was
instigated into committing the crime, since the police did not conduct prior surveillance and did
not even know who their subject was. She also denied being a pimp and asserted that she was a
laundrywoman. Also, AAA admitted that she worked as a prostitute, thus, it was her decision to
display herself to solicit customers.
a. Shall the accused be liable for the crime of human trafficking? Define Trafficking in
Persons. (5 points)

b. Accused contented that she should be absolved from criminal liability since both AAA
and BBB agreed and consented to the prostitution. Is the defense tenable? (5 points)
II.
The Armed Forces of the Philippines (AFP) asked Facebook Philippines to shut down at
least 63 Facebook accounts of Maute militants and their supporters. According to the AFP, these
accounts are being used to spread extremist ideas and misinformation, making the fight against
terrorism more difficult. The government is planning to file cases for Cyber Sedition against the
owner of the Facebook accounts herein involved.
a. Is there a crime of Cyber Sedition in relation to Cyber Prevention Act of 2012? (5
points)

b. Amiel, a Filipino national and one of the owners of the Facebook Account contended
that he cannot be tried in the Regional Trial Court in Marawi City since he was at
Turkey when he posted the seditious statements on his Facebook Account. Is the
defense valid? (5 points)

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 III.
Odon Pecho, a Customs Guard of the Bureau of Customs, along with private individual
Jose Catre, went to the office of customs broker Constantino Calicca and introduced themselves
as duly authorized representatives of Eversun Commercial Trading. For an amount equal to fifty
percent (50%) of the authorized brokerage fee, Pecho and Catre engaged with Calica to prepare
and file with the Bureau of Customs the necessary Import Entry and Internal Revenue Declaration
covering Eversun’s shipment with the computed taxes and duties amounting to Php 100,000.
After a spot check on the questioned shipment by Customs Senior Agent Santiago, it was
discovered that the contents contained three hundred (300) units of automotive diesel engines,
contrary to what was stated in the import entry and revenue declaration. The computation of the
taxes made by Customs Appraiser Mamerto Fernandez also showed a discrepancy I the total
amount of one million pesos (Php 1,000,000). Consequently, a hold order and a warrant of seizure
and detention were issued by the District Collector of BOC. Their verification with the SEC and
DTI disclosed that the Eversun Commercial Trading is a non-existent firm and that the tax account
number used by Eversun in making the Import Declaration was non-existent.
After appropriate preliminary investigation, an Information was filed with the
Sandiganbayan which concluded that all the elements of Section 3 (e) of RA 3019.
a. Who are deemed Public Officers in the Anti-Graft and Corrupt Practices Act? Is Jose
Carte also liable for Violation of RA 3019? (5 points)

b. Odon Pecho averred that he cannot be held liable for Violating RA 3019 since the
crime as committed is only in its attempted stage and not all the elements of the crime
have been established. Is Odon Pecho correct? Was it only in the attempted stage?
(5 points)

IV.

Erlinda San Mateo ordered assorted yarns from ITSP through its Vice President Ravin
A. Sehwani. In partial payment thereof, she issued 22 postdated checks. But, whenever a check
matured, San Mateo would call Sehwani requesting him not to deposit the checks.

Sehwani finally deposited one check, but was dishonored due to insufficient funds. He
informed San Mateo of the dishonor, who asked him to defer depositing the other checks since
she was encountering financial difficulties. Sehwani deposited another check but was dishonored
due to insufficient funds. Sehwani deposited the remaining checks which were all dishonored
because the account had been closed. Sehwani attempted to contact San Mateo but she never
responded.

Sehwani’s counsel then sent a demand letter to San Mateo’s residence but the security
guard of the townhouse complex refused to accept the letter. Thereafter, he sent a copy of the
demand letter to San Mateo by registered mail which was returned to his counsel’s office with
notation “N/S Party Out 12/12/05” and that San Mateo did not claim it despite three notices to her.
San Mateo was charged with 22 counts of violation of BP22.

a. What is the gravamen of Violation of BP 22? (5 points)

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 V.

a. What is the crime of fencing? (5 points)

VI.

Two local media men, Stanley Jalbuena, Enrique Lingan, in Lucena City went to the police
station to report alledged indecent show in one of the night establishment shows in the City. At
the station, a heated confrontation followed between victim Lingan and accused policeman
Navarro who was then having drinks outside the headquarters, lead to a fisticuffs. The victim was
hit with the handle of the accused's gun below the left eyebrow, followed by a fist blow, resulted
the victim to fell and died under treatment. The exchange of words was recorded on tape,
specifically the frantic exclamations made by Navarro after the altercation that it was the victim
who provoked the fight. During the trial, Jalbuena, the other media man, testified. Presented in
evidence to confirm his testimony was a voice recording he had made of the heated discussion
at the police station between the accused police officer Navarro and the deceased, Lingan, which
was taken without the knowledge of the two.

a. Is the voice recording admissible in evidence in view of RA 4200 which prohibits

b. When is the commission of the acts defined and punished under Section 1 and Section
2 of RA 4200 deemed lawful? (5 points)

VII.

On April 14, 2019, Casper was kidnapped by a group of men including Jordan who is a
minor. The group demanded Php 400,000 ransom from the family of Casper. However, the group
was intercepted by police operatives which led to their arrest. The Regional Trial Court which tried
the case convicted the group including Jordan who was 17 years old. On appeal, CA affirmed the
conviction but modified Jordan’s penalty from reclusion perpetua to reclusion temporal
considering that he was only 17 years old at the time of the commission of the crime.

a. Who is a child in conflict with the law? (5 points)

VIII.

On 27 June 1993, the Pilapil brothers Eugene, 21, and Juan Jr., 18, were fishing in the
sea some 3 kilometres away from the shores of Tabogon, Cebu. Suddenly, another boat caught
up with them. One of them, later identified as the accused Emiliano Catantan and Jose Macven
Ursalalis “Bimbo”, bearded the pump boat of the Pilapils and levelled his gun at Eugene. With his
gun, Catantan struck Eugene on the left cheekbone and ordered him and Juan Jr. to "dapa." Then
Catantan told Ursal to follow him to the pumpboat of the Pilapils. There they hogtied Eugene,
forced him to lie down at the bottom of the boat, covered him with a tarpaulin up to his neck,
stepped on him and ordered Juan Jr. to ferry them to Daan Tabogon. and seized their fishing
boat, to their damage and prejudice.

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 a. The prosecutor filed an Information for Grave Coercion since Eugene and Juan were
compelled to go elsewhere other than their place of destination. Is the charge proper?
(5 points)
b. When is there qualified piracy? (5 points)

IX.

Pedro was charged by Juan, his friend, for violation of RA 6539 (Anti-Carnapping Act
of 1972). Juan alleged that he turned over the possession of a car to Pedro for test driving but
Pedro never returned the same. After several months, Juan formally filed a complaiant for
carnapping alleging that he had withdrawn the consent initially given by him to Pedro when the
latter went beyond the test and appropriated the car to his own use and benefit. The Trial Court,
affirmed by the CA ruled against Pedro on the ground that Pedro’s failure to return the car and
his consequent appropriation thereof constituted unlawful taking – the gravamen of the crime
charged. Pedro asserts, however, that the CA in affirming the decision of the RTC, should not
have employed as bases for his conviction the basic principles in theft.

a. Are the basic principles in theft applicable in the crime of carnapping penalized
under RA 6539? Explain. (5 points)
b. In carnapping, is it necessary that the person divested of the motor vehicle be the
owner thereof? Explain. (5 points)

X.

Gonzales was sued by Limson for Violation of RA 6085 (The Anti-Alias Law). Limson
asserts that in the records of the Professional Regulatory Commission (PRC), a certain “Eugenio
Gonzales” is registered as an architect and that Gonzales, who uses, among others, the name
“Eugenio Juan Gonzales”, and who pretends to be said architect, registered with the PRC, is an
impostor. Gonzales explained in detail that his full name is Eugenio Juan Regalado Gonzales,
that he used the name of Eugenio Gonzales while he was in elementary and high school, and
that thereafter, he transferred to the University of Santo Tomas and therein took up architecture
and that upon commencement of his professional practice in 1943, he made use of his second
name, Juan. Consequently, in his professional practice, he has identified himself as much as
possible as Architect Eugenio Juan Gonzales.

a. Does the situation squarely fall under the purview of the Anti-Alias Law? (5 points)
b. Is the use of an alias automatically penalized? (5 points)

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