CRIM 2019

PART I

Note: As stated in the Instructions, Part I covers problem sets labelled A.1. to A.10. All

answers to these questions should be written in Booklet I.

A.1.

Define/distinguish the following terms:

(a) Mala in se and mala prohibita (2%)

(b) Grave, less grave, and light felonies (3%)

(c) Aberratio ictus, error in personae, and praeter intentionem (3%)

A.2.

Mr. X has always been infatuated with Ms. Y. Scorned by Mr. Y's disregard for his feelings
towards her, Mr. X came up with a plan to abduct Ms. Y in order to have carnal knowledge of
her with the help of his buddies, A, B, and C.

On the day they decided to carry out the plan, and while surreptitiously waiting for Ms. Y, C
had a change of heart and left. This notwithstanding, Mr. X, A, and B continued with the plan
and abducted Ms. Y by forcefully taking her to a deserted house away from the city. There,
Mr. X restrained Ms. Y's arms, while A held her legs apart. B stood as a lookout. Mr. X was
then able to have carnal knowledge of Ms. Y, who was resisting throughout the entire ordeal.

Consequently, Mr. X was charged with the crime of Forcible Abduction under the Revised
Penal Code.

(a) Is the charge against Mr. X proper? Explain. (3%)

(b) Assuming that A, B, and C are also charged, may they be held criminally
liable together with Mr. X? Explain. (2%)

A.3.

Mr. O, a 75-year old retiree who has been a widower for the last ten (10) years, believed
that, at past 70, he is licensed to engage in voyeurism to satisfy his lustful desires. If not
peeping into his neighbors' room through his powerful single-cylinder telescope, he would
trail young, shapely girls along the hallways and corridors of shopping malls, While going up
the escalator, he stayed a step behind a mini-skirted, 20-year old girl, and in the heat of the
moment, put his hand on her left buttock and massaged it. The girl screamed and hollered
for help. Mr. O was thus apprehended and charged with Acts of Lasciviousness under Article
336 of the Revised Penal Code. Mr. O's counsel, however, claimed that Mr. O should only be
charged with the crime of Unjust Vexation.

Is the contention of Mr. O's counsel tenable? Explain (2.5%)

A.4.

In dire need of money, Mr. R decided to steal from his next-door neighbor, Mrs. V. On the
night of May 15, 2010, Mr. R proceeded with his plan entered Mrs. V's bedroom by breaking
one of the windows from the outside. Finding Mrs. V sound asleep, he silently foraged
through her cabinet, and stashed all the bundles of cash and jewelries he could find.
As Mr. R was about to leave, he heard Mrs. V shout, "Stop or I will shoot you!", and when he
turned around, he saw Mrs. V cocking a rifle which has pointed at him. Fearing for his life,
Mr. R then lunged at Mrs. V and was able to wrest the gun away from her. Thereafter, Mr. R
shot Mrs. V, which resulted in her death. Mr. R's deeds were discovered on the very same
night as he was seen by law enforcement authorities fleeing the crime scene.

(a) What crime/s did Mr. R commit under the Revised Penal Code? Explain
(2.5%)

(b) Based on your answer in question (a), within what period should the
prosecution file the criminal charge against Mr. R in order to avoid
prescription? Explain (2%)

(c) May Mr. R validly invoke the justifying circumstances of self-defense?

Explain (2.5%)

A.5.

In August 2018, B entered into a contract with S for the purchase of the latter's second-hand
car in the amount of ₱400,000.00 payable in two (2) equal monthly installments.
Simultaneously with the signing of the contract and S's turnover of the car keys, B executed,
issued, and delivered two (2) post-dated checks, all payable to S, with the assurances that
they will be honored on their respective maturity dates.

However, all two (2) checks were dishonored for being drawn against insufficient funds.
Consequently, notices therefore were duly issued to and received by B, but this
notwithstanding, no payment arrangements were made by him. Further, upon S's
investigation, it was uncovered that B's checking account had only ₱50,000.00 when its was
opened in June 2018 and no further deposits were made after that. S also found out that B
knew fully well of such circumstance at the time he issued the two (2) checks.

What crime/s should B be charges with and for how many counts? Explain
(5%)

A.6.

Mr. A has a long-standing feud with Mr. B. As payback for Mr. B's numerous transgressions
against him, Mr. A planned to bum down Mr. B's rest house.

One night, Mr. A went to the rest house and started pouring gasoline on its walls. However,
just as Mr. A had lit the match for burning, he was discovered by Mr. B's caretaker, Ms. C,
and was consequently prevented from setting the rest house on fire. Mr. A was then charged
with Frustrated Arson.

(a) Is the charge of Frustrated Arson proper? Explain. (2%)

(b) Assuming that Mr. A successfully burned down Mr. B's rest house, and as a
result, Ms. C was trapped therein and was subsequently killed in the fire, what
crime/s did Mr. A commit? Explain. (3%)

A.7.

Mr. L is a newspaper reporter who writes about news items concerning the judiciary. Mr. L
believed that members of the judiciary can be criticized and exposed for the prohibited acts
that they commit by virtue of the public nature of their offices. Upon receiving numerous
complaints from private citizens, Mr. L released a scathing newspaper expose involving
Judge G and his alleged acts constituting graft and corruption. Consequently, Mr. L was
charged with the crime of Libel.

In response, Mr. L contended that truth is a valid defense in Libel and in this relation, claimed
that he was only exposing the truth regarding Judge G's misdeeds. Further, Mr. L contended
that in any event, his expose on Judge G is based on the complaints he received from
private citizens, and as such, should be deemed as a mere fair commentary on a matter of
public interest.

(a) Are the contentions of Mr. L tenable? Explain. (3%)

(b) What is the effect on the criminal liability of an accused if he or she

publishes a libelous article on an online news platform? Explain. (2 %)

A.8.

After a successful entrapment operation by the Philippine Drug Enforcement Agency, Mr. D,
a known drug pusher, was arrested on January 15, 2019 for having been caught in flagrante
delicto selling a pack of shabu, a prohibited drug, to the poseur-buyer. Consequently, Mr. D
was frisked by the arresting officer, and aluminum foils, plastic lighters, and another plastic
sachet of shabu were obtained from him. The items were marked immediately upon
confiscation, and they were likewise inventoried and photographed at the place of arrest.
Throughout the process, a media representative was able to witness the conduct of the
marking, inventory, and photography of the seized items in the presence of Mr. D.

Mr. D was then charged with the crimes of Illegal Sale and Illegal Possession of Dangerous
Drugs. In defense, he lamented that the chain of custody procedure under Section 21, Article
II of the Comprehensive Dangerous Drugs Act of 2002, as amended, was not followed
because only a media representative was present. In response, the prosecution maintained
that the said media representative was a very credible reporter and as such, the presence of
any other witness was unnecessary.

(a) Was the chain of custody procedure validly complied with in this case? If
not, was the deviation from such procedure justified? Explain. (3%)

(b) What is the consequence of an unjustified deviation from the chain of

custody rule to the criminal case against Mr. D? Explain. (2%)

A.9.

X and Y approached Mayor Z and requested him to solemnize their marriage. On the day of
the ceremony, X and Y proceeded to Mayor Z's office but he was not there. Mayor Z's chief
of staff, Mr. U, however, represented that he himself can solemnize their marriage and just
have Mayor Z sign the marriage certificate when the latter comes back. Consequently, upon
X and Y's assent, Mr. U solemnized the marriage, despite his lack of authority therefor.

(a) What crime may Mr. U be charged with under the Revised Penal Code
(RPC)? Explain. (2.5%)

(b) Assuming that Mayor Z signed the marriage certificate which stated that he
solemnized the marriage of X and Y, what crime may Mayor Z be charged with
under the RPC? Explain. (2.5%)

A.10.

Distinguish Rebellion under the Revised Penal Code and Terrorism under the
Human Security Act of 2007. (2.5%)

- END OF PART I -

Note: This marks the end of Part I. The forthcoming problem sets will fall under Part II and
the answers therefor should be written in Booklet II.
 PART II

Note: As stated in the Instructions, Part II covers problem sets labelled B.11. to B.20. All

answers to these questions should be written in Booklet II.

B.11.

Ms. M, a Malaysian visiting the Philippines, was about to depart for Hong Kong via an
Indonesian-registered commercial vessel. While on board the vessel, which was still docked
at the port of Manila, she saw her mortal enemy, Ms. A, an Australian citizen. Ms. A was
seated at the front portion of the cabin and was busy using her laptop, with no idea
whatsoever that Ms. M was likewise onboard the ship.

Consumed by her anger towards Ms. A, Ms. M stealthily approached the Australian from
behind, and then quickly stabbed her neck with a pocketknife, resulting in Ms. A's immediate
death. Operatives from the Philippine National Police - Maritime Command arrested Ms. M
for the killing of Ms. A and thereafter, intended to charge her under the Revised Penal Code
(RPC). Ms. M contended that the provisions of the RPC cannot be applied and enforced
against her because both she and the victim are not Filipino nationals, and besides, the
alleged crime was committed in an Indonesian-registered vessel.

(a) Is Ms. M's contention against the application of the RPC against her
tenable? Explain. (3%)

(b) Assuming that the provisions of the RPC can be applied against Ms. M,
what crime under the RPC should she be charged with? Explain. (2%)

B.12.

In November 2018, Mr. N, a notorious criminal, was found guilty of three (3) counts of Murder
and was consequently sentenced with the penalty of reclusion perpetua for each count. A
month after, he was likewise found guilty of five (5) counts of Grave Threats in a separate
criminal proceeding, and hence, meted with the penalty of prision mayor for each count.

(a) What are the respective durations of the penalties of reclusion

perpetua and prision mayor? (3%)

(b) How long will Mr. N serve all his penalties of imprisonment? Explain. (2.5%)

(c) May Mr. N avail of the benefits of the Indeterminate Sentence Law with
respect to his convictions for Murder and Grave Threats? Explain. (3%)

(d) Is Mr. N considered a habitual delinquent? Explain. (2.5%)

B.13.

Mr. Q was found guilty beyond reasonable doubt of the crime of Serious Physical Injuries,
and accordingly, was sentenced to suffer the penalty of imprisonment for an indeterminate
period of six (6) months of arresto mayor, as minimum, to four (4) years, two (2) months, and
one (1) day of prision correccional, as maximum. He was also ordered to pay the victim
actual damages in the amount of ₱50,000.00, with subsidiary imprisonment in case of
insolvency.

Was the imposition of subsidiary imprisonment proper? Explain. (3%)

B.14.

Mr. X and Mr. Y engaged in a violent fistfight which Mr. X instigated. This culminated in Mr. X
repeatedly smashing Mr. Y's head on the concrete pavement. Thereafter, Mr. X left Mr. Y
barely breathing and almost dead. A few minutes after the incident, Mr. X immediately went
to the police station to confess what he did and told the police where he left Mr. Y.
Fortunately, the police rescued Mr. Y and he survived with the help of timely medical
intervention. Mr. X was then charged in court with Frustrated Homicide, to which he openly
confessed his guilt upon arraignment.

(a) Based on the above-stated facts, what is/are the mitigating circumstance/s
that may be appreciated in favor of Mr. X. Explain. (2%)

(b) Under the Revised Penal Code, Homicide is punished with the penalty
of reclusion temporal. Without applying the Indeterminate Sentence Law, what
penalty should be imposed against Mr. X assuming that he is found guilty of
the charge of Frustrated Homicide, and that the presence of two (2) ordinary
mitigating circumstances have been duly alleged and proven? Explain. (3%)

B.15.

In June 2017, Mr. P was criminally charged with Qualified Theft under the Revised Penal
Code. After due proceedings, the Regional Trial Court found him guilty beyond reasonable
doubt, and accordingly, sentenced him to suffer the penalty of imprisonment for an
indeterminate period of six (6) years and one (1) day of prision mayor, as minimum, to
fourteen (14) years and one (1) day, of reclusion temporal, as maximum. Thereafter, Mr. P
applied for probation.

(a) May Mr. P be extended the benefits of the Probation Law? Explain. (3%)

(b) In what instance may an accused who appeals a judgment of conviction

still apply for probation? Explain. (3%)

B.16.

Ms. E was charged with the complex crime of Estafa through Falsification of Public
Documents before the trial court. Prior to her arraignment, Ms. E moved for the dismissal of
the criminal case against her, pointing out that the private offended party is her biological
father, and that such relationship is an absolutory cause under Article 332 of the Revised
Penal Code (RPC).

(a) Explain the concept of complex crimes under the RPC. (2%)

(b) Is Ms. E's contention correct? Explain. (3%)

B.17.

One Sunday afternoon, Mr. X, President of ABC Corp., happened to bump into the Labor
Arbiter assigned to the illegal dismissal case filed by certain employees against his company.
During their encounter, Mr. X promised the Labor Arbiter a luxury car in exchange for a
favorable ruling. The Labor Arbiter immediately rejected the offer and walked away.

(a) What crime did Mr. X commit under the Revised Penal Code (RPC), if any?
Explain. (2.5%)

(b) Assuming that Mr. X's offer was instead accepted, should the Labor Arbiter
be held liable for any crime under the RPC? If so, for what crime? May the
Labor Arbiter also be held liable for violation of the Anti-Graft and Corrupt
Practices Act? Explain. (5%)

B.18.

A typhoon destroyed the houses of many of the inhabitants of Municipality M. Accordingly,

the local government passed an appropriation in the amount of ₱1,000,000.00 to implement
a Calamity Assistance Program for the typhoon victims, and the funds therefor were
eventually earmarked for the purpose. Upon the orders, however, of Mayor T of Municipality
M, these funds were disbursed for the reconstruction of the municipal hall which was
substantially damaged by the typhoon. According to Mayor T, the reconstruction of the
municipal hall was a more pressing concern than the relief program because the vital
functions of the local government would be impeded if the said structure would not be
immediately fixed.

What crime did Mayor T commit under the Revised Penal Code? Explain. (2%)

B.19.

Ms. L, dean of a duly recognized private school, caught K, one of her students, vandalizing
one of the school's properties. Ms. L called K's attention and proceeded to scold him,
causing a crowd to gather around them. Embarrassed with the situation, K attacked Ms. L by
repeatedly punching her on the face. Just as K was about to strike Ms. L again, J, another
student, intervened. K then turned his anger on J and also hit him repeatedly, causing him
physical injuries.

What crime/s did K commit under the Revised Penal Code for his acts against
Ms. Land J? Explain. (3%)

B.20.

Mr. S, a businessman and information technology practitioner, claimed to have devised an

innovative business model. He would diligently compile a list of known personalities and
entities in the fields of entertainment, arts, culture, and sports, and acquire numerous domain
names in the internet using the names of these known personalities and entities for the
purpose of selling these registered domain names to said personalities and entities in the
future.

Does Mr. S's "innovative business model" expose him to any criminal liability
under the Cybercrime Prevention Act of 2012? If so, for what crime? Explain.
(2.5%)