CRIMINAL LAW 2

FIRST QUARTER EXAMINATIONS

 I

Annabelle Arzega works as the Secretary of National Defense. She was appointed by
President Arevalo in the said position upon the latter’s assumption as president. During
the presidency of President Arevalo, the United States engaged war with China with the
latter establishing bases in the Philippines. As the Philippines and United States are
allies, the Philippines participated in the said war. However, China was able to infiltrate
the Philippine Government, assassinating President Arevalo and appointing Alexander
Ang as president in his place. Annabelle Arzega remained as the Secretary of National
Defense as she had knowledge about the United States bases in the Philippines.
However, Annabelle Arzega’s participation in the new government was involuntary with
her being scared of death to be imposed upon her by the Chinese. Based on the
foregoing, can you charge Annabelle Arzega with treason? (5%)
 II

Bartolomeo is a member of the Barto Club, a group of avid sailors that idolize the
marines. While the Barto Club is not considered as a nuisance by the marines, the
marines do not consider them as part of their group nor are they connected with
the marines. One evening, while sailing 50 nautical miles outside the Batanes
area, Bartolomeo saw a Chinese vessel which at that time, he believed was
poaching sea turtles. Barto and the Barto Club then took upon themselves and
attacked the vessel, boarded it, and eventually seized it. To their surprise, the
vessel was not actually poaching sea turtles but was instead returning sea turtles
to the sea as part of a joint research project with the Philippines. What crime or
crimes, that are triable in the Philippines, did Bartolomeo and the Barto Club
commit, if any? (5%)
 III

A Turkish Air plane was boarding its passengers in NAIA Terminal 1 when two of
its passengers, Chito and Charice went to the cockpit and ordered the pilots of
the plane to chart a course that will fly the plane to the Czech Republic. Carla, an
alert stewardess, immediately called the attention of air marshals, who
immediately arrested Chito and Charice.  

a) What crime or crimes did Chito and Charice commit? (2.5%)

b) Will your answer be different if the plane was Cebu Pacific instead of Turkish
Air? (2.5%)
 IV

PO1 Dennis De la Cruz is married to Dehlia De la Cruz, however, due to

unresolved conflict, the couple decided to live separately with Dehlia exercising
custody over their common minor child, Deana. Dennis was allowed to pick-up
Deana on weekends but he will have to return her to Dehlia on Sunday
afternoon. One Saturday, Dennis picked-up Deana from Dehlia and immediately
they went to the airport to fly to Cebu where the family of Dennis is living. It is
evident that Dennis did not want to return Deana to Dehlia. Dehlia then
instituted a criminal action for arbitrary detention against Dennis stating that
since he is a police officer that restricts the movement of Deana, he should be
held criminally liable for his actions. Will Dehlia’s action prosper? (5%)
 V

Ellen, while walking home, was taken inside a police car by PO3 Ernie Erano. Ellen
was then blindfolded and pacified by PO3 Erano. PO3 Erano then began to drive
in circles as to confuse Ellen and after nearly ten hours of driving, PO3 Erano
parked in an abandoned shed located near a mountain. PO3 Ernie then dragged
Ellen out uncuffed her hands and was told that she can freely move around but
she cannot leave the place. When Ellen asked why she was being detained and
brought to that place, PO3 Ernie just laughed and left her in the shed. Ellen then
realized that she cannot go anywhere and had no access to any form of
transportation or communication. Given the foregoing facts, is the crime of
arbitrary detention committed by PO3 Erano? (5%)
 VI

Fernan was charged with Estafa for allegedly not remitting the proceeds of sale
that he entered into in behalf of his company. Fernan paid bail for temporary
liberty in the amount of 30,000.00. On 2 July 2020, the case against Fernan was
set for arraignment. However, Fernan did not appear. This resulted to the judge
issuing a warrant of arrest against the person of Fernan and set the hearing on 5
August 2020. Fernan was then arrested on 30 July 2020 and was detained in the
police station. When he asked the police officers until when he will be detained,
the police said that he will be detained until the judge orders his release. Fernan
argues that they will be liable for Article 125 of the Revised Penal Code because
from the day he was arrested to the time the he will be on trial will be more than
the allowable period of detention. Is the argument of Fernan tenable? (5%)
 VII

Gerard was charged for violation of the Dangerous Drugs Act. During arraignment, he pleaded guilty
and was ordered to be released by the Court after having been detained for more than a year.
However, on the day of his supposed release, the warden, Geronimo, received orders from the City
Health Office that no release of detainees would be allowed except after such inmate underwent
quarantine due to the COVID pandemic. This angered Gerard and he now wants to institute a criminal
case against the warden.
 
a) Assuming that you are the counsel of Gerard, what criminal action should Gerard to institute?
(1.5%)
b) Assuming that you are the counsel of Geronimo, what defense or defenses would you raise? (1.5%)
c) Assuming that you are the judge, how would you rule in this case considering the arguments of the
parties? (2%)
 VIII

PO3 Henry Henroso applied for a search warrant for the house of Hannibal, a known drug pusher. The
search warrant specifically stated that the police may only search the house of Hannibal. Hannibal’s
house is located in a densely populated area with his house close to his neighbor’s house that from
the inside, you can actually jump to the other house. When PO3 Henry was serving the warrant,
Hannibal, who at that time was having a “session” ran to the next house. PO3 Henry chased Hannibal
and after a few minutes and after going inside a number of house, PO3 Henry was able to apprehend
Hannibal.
a) Hannibal now argues that PO3 Henry committed a crime considering that the search warrant
specified that it was only his house that was to be searched and it does not extend to the other
houses. Is Hannibal correct? (2.5%)
b) Hannibal further argues that in some of the house, the owners asked PO3 Henry to leave, he
argues that Hannibal should be liable for violation of domicile because of this. Is Hannibal correct?
(2.5%)a
 IX

On 8 December 2020, the Immaculate Conception Church arranged for a

procession as it was the feast of the Immaculate Conception. The church
applied for a permit with the Office of the City Mayor but it was denied by
Mayor Ignacio. Mayor Ignacio cites that due to social distancing measures,
he cannot allow such procession. The Church wants to file a case against
Mayor Ignacio because Mayor Ignacio, an atheist, has always been vocal
against the Catholic church. They want to file a criminal case for
Interruption of Religious Worship and Offending of Religious Feelings. Will
the cases prosper? Why or why not? (5%)
 X

Jorje is a member of the Neo Philippines Army (NPA), a communist

organization that seeks to overthrow the Philippine Government and
establish a communist state. One day, as Jorje was driving through a
checkpoint, he was flagged-down by PO2 Jolina. Jorje, knowing that he
could be arrested for being a member of the NPA, shot and killed PO2
Jolina. Jorje then was arrested after a few days. Assuming that you are the
prosecutor in charge of filing a case against Jorje, will you charge him with
the crime of Rebellion? Why or why not? (5%)
 XI

Kif is a supporter of the Neo Philippines Army (NPA). In class, he would

usually express his ideas about communism and his support of the NPA.
He also likes wearing red t-shirts that had the logo of the NPA. He is
passionate about wanting to help the NPA topple the oppressive
government of the Philippines. Is Kif committing any crime punishable
under the Revised Penal Code? If yes, what crime is it? And if no, why?
(5%)
 XII

Lina, a law student, was frustrated on the services of their internet provider as it was
excessively slow and limited that she cannot attend her Zoom classes. What frustrated her the
most is that she cannot even watch the new episodes of “Start-Up” in Netflix. Hence, she
expressed her frustration in Facebook in this post:

“Tang-inang internet to, ang bagal. Sana sakupin nalang tayo ng Amerika para mas mabilis
ang internet natin. Tapos sana pasabugin din ng NPA yang mga celltowers nila, wala naman
talagang silbi. Yung president natin wala din silbi, sana may pumatay na sa kanya.
#GustoKoManoodngNetflix #NetflixLangWalangKaChill”

Assuming that you work as a lawyer for the Department of Justice, based on the foregoing
post, what crime or crimes can you charge Lina with? (5%)
 XIII

Manila, Malaga and Moscow are all part of a group they collective brand as “the criminal
group that brings good to the people”. They often are involved in attacks of corporations
and government facilities and giving the spoils thereof to the people. One day, the group
decided to surreptitiously attack the Banko Sentral ng Pilipinas specifically attacking the
mint where paper money is being printed. They destroyed the vault of BSP, got hold of the
money, and threw it to the public while shouting “This is your money, come and get it”.

a) What crime or crimes did Manila, Malaga and Moscow commit if any? (2.5%)
b) Will your answer be the same if Manila, Malaga and Moscow kept around 1 million
of the money from the vault and threw away the excess in the same manner? (2.5%)
 XIV

Nero, a Philosophy teacher, had sexual relations with his student, Nida, an
18 year old accountancy student. When Nida discovered that Nero was
actually married, she got angry and went to Nero’s class and threw an
eraser at his face.
a) What crime was committed by Nida, if any? (2.5%)
b) Will your answer be different if Nida waited until the class is finished
and attacked Nero while the latter is driving his motorcycle on the
way home? Why or why not? (2.5%)
 XV

Judge Omar employs Obet as his personal driver. Obet is paid directly by
Judge Omar and is not part of the employed directly by the Supreme Court.
One day, as Obet was driving Judge Omar, a hooded figure started to throw
rocks at the car eventually injuring Obet. It was later discovered that it was
Obet’s ex-girlfriend that threw the rocks and her reason behind it was
because Obet broke-up with her.
a) Did Obet’s ex-girlfriend commit direct assault or indirect assault? (2.5%)
b) Will your answer be the same if the reason for Obet breaking-up with her
ex-girlfriend was because him and Judge Omar was in a relationship
and that the ex-girlfriend wanted to injure both of them? (2.5%)
 XVI

Pedro is an avid mall-goer. He was so excited to go to the new SM

Mindpro and buy the newest milk tea offering of his favorite milk tea shop,
Macao Imperial Milk Tea. When he went to the opening of SM Mindpro
expecting that he can have a taste of his favorite milk tea. However, when
he arrived he noticed that there was a long line. Frustrated, Pedro shouted
“sunog” which caused people to run away. What crime, if any, was
committed by Pedro? (5%)
 XVII

Queenie, a sexy model, was hired to be the model of new undergarment

products to be sold by Bench. Bench figured that it would generate
publicity if Queenie would do a photoshoot in EDSA at rush hour. On the
day of the photoshoot, Queenie was asked to pose only wearing
undergarments in EDSA at around 9 in the morning. This caused drivers to
ogle at her while driving. Quirino, another driver, was not at all amused or
entertained by this as he was already late for his work. He then decided to
file a criminal case for Alarm and Scandal against Queenie. Will such case
prosper? Why or why not? (5%)
 XVIII

Ricardo was convicted of the crime of estafa and was sentenced to an

imprisonment of a maximum of 6 years. 6 years after his imprisonment,
however, he received no release order regarding his imprisonment. He
then went to a state of depression, often crying in the corner of his cell.
Rena, a jail guard, noticed Ricardo’s depression and felt that she needed
to help him. One night, Rena told Ricardo to go out of his cell, Rena
escorted him outside the gates of city jail and gave him 500.00 as fare.
Ricardo tearfully said thanks to Rena and left.
a) What crime, if any, was committed by Rena? (2.5%)
b) What crime, if any, was committed by Ricardo? (2.5)
 XIX

Samuel is a known drug kingpin in Southern Cebu. His estimated net

worth is around 1 billion pesos with most of his income coming from drug
importation and exportation. Samuel also has ties with ISIS, a terrorist
organization, and is known to finance such organization. The Anti-
Terrorism Council wants to prosecute Samuel for being connected to or
associated with a terrorist organization. Enumerate ALL possible actions
that the ATC can do and explain how it may be done against the person of
Samuel. (5%)
 XX

Tina, a law student, asks you the following questions:

a) What is the difference of the crime of terrorism with the crime of
rebellion? Can she be penalized for both by reason of a single act?
(2.5%)
b) What is the difference between illegal association and membership to
a terrorist organization? Can she be penalized for both by reason of a
single act? (2.5%)
 BONUS

Under the Human Securities Act, only the Abu Sayaff Group (ASG) was
labeled as a terrorist organization. Because of this, the Human Securities
Act was known as a “beautifully written law without actual practical
application”. Explain why only the Abu Sayaff Group was labelled as a
terrorist organization and why other groups such as the NPA, BIFF, MILF,
and other armed groups were not considered as terrorist organizations
under the Human Securities Act? (5%)
 BONUS

Assuming that you are a Supreme Court Justice, how would you rule on
the question of the constitutionality of the Anti-Terrorism Law? And why
would you rule in that manner? (5%)