agapito Balili

2020-11-10

Email: sanbasec.balili@gmail.com

Class: Political/Criminal

Teacher: Atty. Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 866

a.) Felonies are committed either by deceit (dolo) or by negligence (fault or culpa). An offense is committed by dolo when the act is inherently malicious, and it is by culpa when the act is a result of imprudence, negligence, lack of foresight or lack of skill.

II, An expost facto law is one which makes an act criminal when it is not so when the law was enacted. While a bill of attainder is a legislative act which penalize a person without trial.

III.

a. Yes, the RTC should grant the motion to dismiss. Under the Revised Penal Code, when the accused died at any stage of the prosecution procedings, the criminal case against him should be dismissed, while the civil aspect of the case should not be dismissed unless the accused died after the judgment has become final.

b.) My answer is the same. This is so because, when the law says the death of the accused shall extinguish his criminal liability, it does qualify whether the case is on appeal or not.

So even if the case is already on appeal still the death of the accused shall extinguish

his criminal liability. With respect to his civil liability, the same shall be extinguished if his death occurs after entry of final judgment.

IV.

a. Procopio committed the crime parride pursuant to Art. 246 of the Revised Penal Code.

The said article of the RPC declares that when a person kills his spouse, children whether legitimate of illegitimat, ascendants or decendnts shall be held liable for the crime of parricide.

Accused Procopio may be entitled to a mitigating circumstance of obfuscation, having surprised his wife in bed with another wowan.

b. My answer will not be the same. The law provides, that to be liable for the crime of parricide, it is necessary that the spouses are legally married.

V. a. Talia cannot successfully invoke the defense of Battered Woman Syndrome (BWS). In one case decided by the supreme court availment of the BWS as a defense is not at all automatic, as there are cycles constituting of 3 phases that must be observed, viz: the tension phase, the acute battering phase, and the tranquil, peace and loving phase.

clearly, in here, these 3 phases are not obtaining. Hence the accused Talia cannot invoke such defense.

b.My answer would be the same. In the case of People vs, MRIVIC gENOSA,the defense of Battered Woman Syndrom partakes of the nature of self defense. In this casse, Dion, the husband was heavily intoxicated from imbibing too much alcohol. Hence, he was not in his full consciousness when he was killed by Talia. Basic is the rule in self defense that there must be unlawful aggression, and that the aggression should be continous. In this case, this element is absent.

VI.

a. My advise would be that, he could not run for senator in the next election. Under the law, being granted absolute pardon by the President, only means that his penalty is extinguished, and its consequenses erased, but it does not mean to say that his political rights like running to an elective position are restored, unless the pardon certificate provides otherwise. In the instant problem, the Presidential pardon does not provide that his political rights are restored. Hence, my advise.

b. My answer will now be different. Undef the the Constitution, An amnesty for a crime of rebellion granted by the President has the effect of obliterating the crime committed. It is as if the convict has not committed such crime of rebellion in the eyes of the law. Hence, he may run for senator for the next election.

VII.

a. i will not grant Taylor's motion to quash. Under the law, for a penalty imposed to have prescribed, it is necessary that the convict has already been arrested or already in prison, but has escaped. In the case at bar, Taylor was not yet arrested nor already in prisson when he fled away via backdoor to US.

b. My answer would be the same. The law does not provide whether the country to which the convict fled has an extradition treaty or not with the Phillipines.

VIII.

a.The Mayor committed technical marversation under the Revised Penal Code. Under the Revised Penal Code, a technical malverstion is committed when a public fund which is alredy earmarked for one specific purpose authorized by law or ordinance, is transfered to another official purpose without a law or ordinance authorizing such transfer. In the instant case, clearly he Mayor is not authorized by law to effect the fund transfer.

b. The Mayor cannot invoke good faith and that he had no evil intent when he approved the transfer of funds. Under the law, good faith is not a valid defense in he crime tchnical malversation.

IX.

a. Ernilo's defense would be, that he should not be arrested and charged because his participation is merely to send the prearranged signal, to effect the arrest of Rado.

b. No, Rado cannot adopt as his own the defense of Emilio, because RADO her is the subject of the buy bust opertion, while Emilio is not.

agapito Balili

Aisha Mie Faith Fernandez

2020-11-10

Email: mie.aisha23@gmail.com

Class: Criminal Law Review

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1482

a. Felonies are commited not only by means of deceit but also by means of fault. There is deceit or dolo when the act is committed with deliberate intent. here is fault or culpa when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

b. Aberratio Ictus means mistake in the blow. In aberratio ictus, a person is criminally liable for committing an intentional felony although the actual victim is different from who was intended because of mistake of blow.

Ex post facto law makes illegal an act that was legal when committed, or increases the penalties of infractions, or changes the rules of evidence to make conviction easier. It is a constitutionally prohibited law.

Bill of attainder on the other hand is an act of the legislature punishing a person or group of persons withou trial.

III

a. Yes, the RTC should grant the motion to dismiss.

Death of the offender extinguishes his criminal liability.

b. Yes, my answer would be different.

Upon the death of the offender pending appeal, his criminal liability and the corresponding civil liability arising from the crime are extinguished, but civil liability arising from other sources of obligation survives.

a. The crime committed by Procopio is parricide, since he killed his wife.

To avail the defense of death and physical injuries under exceptional circumstance, the following must be present: (1) that a legally married person or parent surprises his spouse or daughter in the act of committing sexual intercourse; (2) The he or she kills any or both of them or cause serious physical injury to any or both of them in the act or immediately thereafter; and (3) that he has not promoted or facilitated the prostitution of his wife or daughter, or he has not consented to the infedility of the other spouse.

In the given case, the wife was caught while making love to another woman. Being both women, they cannot perform sexual intercourse. Hence, the crime committed is parricide.

b.) If Procopio and Bionci were common-law spouse, the crime committed will be homicide.

In order for the crime of parricide to attach, the relationship between the victim and the accused must be established, and since Bionci was only a common law wife by the accused parricide will not apply.

a.) No, the Battered Woman Syndrome would not be a valid defense for Talia.

For the defense of Battered Woman Syndrome to apply, there must be at least two cycles of violence. The cycle should consists the following phases : tension-building, acute battering and tranquil loving phase.

In the given case, the second cycle of violence was not yet complete and that the acute battering phase was not committed in the supposed second cycle since only verbal abuse was committed by the victim. Verbal abuse cannot qualify as acute battering phase.

b.) I would qualify my answer. When all the phases in the second cycle are present then the Battered Woman Syndrome would apply. However, when the second cycle was not fully completed then the defense of Battered Woman Syndrome cannot apply.

a.) I would advise Adamos not to run for senator in the next election.

Pardon does not work the restoration of the reights to hold public office or the right of suffrage unless such rights be expressly restored by the terms of the pardon.

In the given case, the condition of the grant of pardon to Adamos does expressly includes the restoration of his right to hold public office.

b.) My answer would not be the same.

The grant of amnesty totally extinguishes the penalty and all its effects. hence it extinguishes the crime itself. A person released by amnesty stands before the law as though he had committed no offense.

Hence, since Adamos was granted amnesty, he is qualified to run for senator.

VII

a.) If I were the judge I would not grant the Motion to Quash.

The prescription of penalties shall commence to run from the date when the culprit will evade the service of the sentence and shall be interrupted when the accused surrender , or be captured or when the accused go to a country where the government has no extradition treaty.

In the given case, Taylor was not deprived of his liberty since he left for the United States hence the service of the sentence was not evaded. Prescription will not apply.

b.) Still I would not grant the Motion to quash, since Taylor went to another country to which Philippines has no extradition treaty then the running of the prescriptive period will be interrupted.

VIII

a.) The crime committed is technical malversation.

Technical Malversation is committed by a public officer wherein a public fund is under his administration. Such public fund has been appropriated by law and that he applies the same to a public use other than the purpose to which such fund is appropriated.

In the given case, Mayor Maawain approved the withdrawal of ten boxes of food intended for the feeding program and appropriated it for the families of the beneficiaries of the shelter program. Hence, technical malversation was committed.

b.) No, Mayor Maawain cannot invoke the defense of good faith.

The crime committed was in the nature of malum prohibitum, hence intent is not an element of the crime.

a.) Emilio can invoke that he was instigated to commit the crime.

Instigation means luring the accused into a crime where he had no intention to commit it.

The criminal intent to commit the offense does not originate from the accused but from the inducer. Hence no criminal liability can be attributed to the accused.

In the case at bar, Emilio was lured by SPO3 Relio into the crime, there was no intention on the part of Emilio to commit it. Hence, Emilio is not liable.

b.) The defense of instigation is not available to Rado.

Rado was not lured to commit the crime, he acted voluntarily and with the intention to commit the crime. Hence, he is criminally liable.

a.) The crime committed by Honesto against Melba is Homicide, and slight physical injury against the passerby.

A person is criminally liable for committing an intentional felony although the actual victim is diffirent from the intended victim due to mistake of identity.

b.) Where the passerby was hit in the eye causing his blindness, the crime committed is serious physical injury.

Serious physical injury is committed when the person injured loses the use of speech or the power to hear or smell, or loses an eye, a hand , a foot or leg.

The crime committed by Nel are homicide and theft. While Ben, Ardo and Gorio committed the crime of theft.

Theft is committed when there is taking of property belonging to another with the intent to gain. Here, violence or force upon things is not necessary. Moreover, Homicide is committed when a person is killed without any justifying circumstances and the killing was not attended by any qualifying circumstamces or murder or by parricide.

In the given case, the four accused went inside the house through the backdoor which was left unlocked, with the intention of taking personal property inside the house. Hence the crime of theft was committed. Furthermore, homicide was committed by Nel when without justifiable cause he kept on hitting Gorio causing his death.

XII

XIII

Yes, the charges against Elen will prosper.

Estafa is committed when there is abuse of confidence, or by means of false pretenses or through fraudulent means. While BP Blg 22 is violated by making or drawing and issuing of check knowing that at the time of issue there is no sufficient funds. Estafa and violation of BP Blg. 22 is a separate and distinct crime, hence it can be filed at the same time.

XIV

a.) The crimes committed by Dela are Estafa and Illegal recruitment.

Illegal recruitment is committed when through the act of canvassing, enlisting, contracting , transporting, utilizing, hiring or procuring or workers whether for profit or not and undertaken by a non-licensee or non-holder of authority. While estafa is committed when there is abused of confidence or false pretences inducing the other party to the transaction or by misrepresenation.

In the given case, all the requisites of Estafa and Illegal recruitment are present

b.) Under the second circumstance the crimes committed are estafa and illegal recruitment in large scale.

Illegal recruitment is committed in large scale when committed against three or more person individually or collectively.

In the given case, since illegal recruitment was committed against , three or more persons hence, it is an illegal recruitment in large scale. Estafa is also present because of the misrepresentation made by Dela of having the authority to recruit.

Aisha Mie Faith Fernandez

Ameliano Himang

2020-11-10

Email: mhelghimang49@gmail.com

Class: Criminal Law Review Class

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1146

Ameliano G. Himang

ABC College of Law

Criminal Law Review Class

a. Felonies are committed not only by means of deceit but also by means of fault.

b. Aberratio Ictus means mistake in the blow.

11.

Ex post facto law is a law passed after someone has committed some legal act until said law was passed making it illegal. On the other hand Bill of Attainder is a legislative act which inflicts punishment on individuals without a judicial trial.

111.

a. Yes, RTC should grant the motion to dismiss. In the case of ( People vs. Bayotas), provides that death of the accused while the case is on appeal extinguish his criminal liablity. In this case the accused died three (3) days after the records of the case has remanded to the RTC. Hence, it will also extinguished his criminal liablity, because no one shall be imprisoned.

b. My answer will be the same that death of the accused while the case is still pending or the case is on appeal will totally extinguished his criminal liability.

1V.

a. Procopio has committed the crime of parricide, under the law parricide is committed if the accused killed his father, mother, or child, whether legitimate or illegitimate or legitimate spouse of the accused. The circumstance attended in this case is that the killing is attended by passion and obfuscation.

b. My answer is different, Procopio is liable for the crime of murder qualified by treachery because the victim is a woman and she was not able to defend herself, the accused employed means and methods in the killing without risk on his part and it was suddened and deliberate attack.

a. The defense of Talia of Battered Woman Syndrome must fail. Under the law on battered Woman there are three cycle of violence , the tension building phase, Acute Phase and honeymoon phase that a she undergone in the hands of the accused in order that the killing is justified. In this case it was only in the first phase or in the tension building phase.

b. Yes my answer still the same, she is criminally liable for parricide. However, she can invoke a justifying circurmstance of self-defense.

V1.

a. I will advice Adamos that he could run for senator in the next election because, the kind of Pardon granted to him by the President of the Philippines is an absolute pardon meaning there is no condition and all rigths, civil or political, are restored to him.

b. My answer still the same, a person who is granted amnesty is qualified to run for any public office. This is a kind of pardon extended by the government to a group or class of person usually for a political offense.

V11.

a. If I were the Judge, I will deny his motion to quash on the ground of prescription, because the sentence is suspended from the moment the accused is outside the territorial jurisdiction of Philippine criminal court. Hence, he can start serving his sentence after his return to the Philippines.

b. My answer would be the same, under the law even if the accused absconded to the country wherein our counrtry has no extradition treaty, the sentence does not prescribed, the sentence is merely suspended, because the accused it outside of our Philippine criminal court.

V111.

a. The Mayor is liable for the crime of illegal use of public funds, the law provides that any public officer who shall apply any public fund or property under his administration to any public use other than for which such fund or property were appropriated by law or ordinance. In this case the appropriation for the appropriations for the funds pertaining to the shelter asssitance program and those for the feeding program were separate items on X annual budget, hence, the Mayor is guilty of the same crime.

b. Yes, generally in crimes punishable under the revised penal code good faith is a defense. However, the law provides that good faith is not a defense in Technical Malversation.

X1.

a. Ernilo can invoke the defense of instigation, he was instigated to commit the crime, in this case the police officer is liable criminally.

b. Rado can not adopt the same defense becuase he was caught in flagrante in committing the crime of drug pushing. He was not instigated unlike the case of Ernilo.

a. Honesto has committed the crime of murder, under the law, a person incurred criminal liablity by committing an act although the wrongful act is different from what he intended. He is liable for the death of Melba although the intended victim was Wilma, therefore he will suffer from from the natural and logical consequences of his act. Likewise, he is liable for the slight physical injuries of the passerby becuase the medical attendance does not reach beyond 10 days.

b. My answer will not be the same, in this case he is liable for serious physical injuries.

X1.

Nel, Ben, Ardo, and Gorio is criminally liable for the crime of special complex crime robbery with homicide, under the law when someone is killed in occassion of robbery during or immediately thereafter all of them are liable for the aforemetioned crime.

X11.

Andos contention is not tenable, under the territoriality principles of criminal law all persons live and sojourned in the Philippines triable under our criminal justice system.

VI11.

The charges against Elen will prosper, she can be prosecuted for Estafa and BP. 22. In estafa case there was an element of deciet and with abuse of confidence which is punishable under the revise penal code. On the other hand, BP 22, mere issuance of the check knowingly that he has insufficient funds in bank is liable under the said special law, the gravaman of BP 22 is the issuance of worthless check.

XIV.

a. Delia committed the crime of illegal recuritment, by promising the victim to send her abroad and he has no valid license or authority required by law to enable him to lawfully engage in the placement and recruitment of workers.

XV.

Edri is liable for infedility in the custody of prisoners from jail, while Dancio has no criminal liability because he is a detention prisoner,

XV1.

Mayor is liable for the falsification of documents, While Donato has no criminal liability.

XV11.

a. The crime committed by Higino is parricide for the death of his wife, and unintentional abortion for the death for the death of his child.

b. My answer is different he is only liable for parricide, becuase the fetus has no personality yet.

VV111.

Lito is criminally liable if he acted with dicernment because, under the law the person has no criminal liablity is below 15 years of age. In this case Lito is above 15 years of age hence, if he acted with dicernment he is criminality liable.

XIX.

Ameliano Himang

Anilyn Evangelista

2020-11-10

Email: anilyn_evangelista114@yahoo.com

Class: Criminal Law Review

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1758

Felonies are committed in two ways, by means of dolo and by means of culpa.

It is committed by means of dolo when there is deliberate intent. On the other hand,it is committed by means of culpa when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill.

Aberratio ictus exists when the offender who intends to inflict injury to one person but resulted to the injury of another.

Ex Post Facto Law is a law where it provides retroactive effect to the prejudice of the accused, where an accused will be punished for an act committed which is not punishable at the time it is committed while Bill of Attainder, is a legislative act, where it inflicts punishment without trial, it is an encroachment to the judicial power of the court.

In both cases, prohibited by the Constitution.

III- a

Yes, the RTC should grant the motion to dismiss the case.

When the accused in a criminal case has died, it follows that his criminal liability is also extinguished for the very reason that the criminal liability is personal to the accused. But civil liability will not be extinguished since there is already a final judgment against the accused.

No. The RTC should still grant the motion to dismiss.

In a criminal case, when the accused died in any stage of the proceedings, his criminal liability is extinguished for this is personal to him. When it comes to his civil liability, it will not anymore prosper since there is no final judgment yet at the time he died.

IV-a.

Procopio committed the crime of homicide.

Procopio cannot invoke absolutory cause, since for this to be properly invoked, his wife must be together with another man.

In the case at bar, since his wife is with another woman, then the absolutory cause will not be applicable to Procopio.

Yes, I still have the same answer.

The crime committed is still homicide. In absolutory cause, the relationship must be legitimate.

V-a.

No. Talia cannot invoke the defense of Battered Woman Syndrome to free herself from criminal liability.

To properly invoke the defense of Battered Woman Syndrome, there must be two (2) cycle of violence and each cycle consist of three (3) phases.

Since in the case at bar, the violence against her committed only once by his husband, then the two (2) cycle of violence is absent which a requisite to properly invoke the defense of Battered Woman Syndrome. The verbal abuse against her cannot be considered as the second cycle of violence.

No. My answer will be different.

If during the second time, she was also beaten up and the three (3) phases was also completed, then Talia, can validly invoke the defense of Battered Woman Syndrome.

VI-a.

I will advice Adamos that he cannot run for Senator for the next election.

Pardon looks forward and in granting such, he was only relieve from serving his sentence and there are certain rights which he cannot exercised such as his right to suffrage and to run for elective position unless expressly granted upon him.

In the present case, it was not mentioned that he was expressly granted with this privilege, hence he cannot run for Senator.

No, my answer will be in the affirmative.

Amnesty looks backward, and the one who was granted an amnesty, it is as if he committed no crime in the eyes of the law.

Since, it totally erased whatever he committed, then he can validly run for Senator as there was no prohibition or restriction at all.

VII-a.

No, I will not grant the Motion to Quash.

Prescription of Sentence can be validly invoke only if the convicted person is serving the sentence imposed upon him. In the case at hand, there is no serving of sentence to speak of, Taylor evade his punishment by leaving his country.

Hence, the Prescription of Sentence cannot be validly invoke by him.

Yes, I still have the same answer.

Prescription of Sentence can be availed only if the convicted person is actually serving sentence in jail which is not in the case at bar. Whether he was in the country where the Philippines has no extradition it will not matter.

VIII-a.

Mayor Maawain committed the crime of Technical Malversation of Fund.

Technical Marversation of Fund committed when a Public Officer appropriate the fund and not for its intended purpose. Mayor Maawain, used the fund for Feeding Program to Shelter Assistance Program which is prohibited.

Hence, Mayor Maawain committed the crime of Technical Malversation.

No. Mayor Maawain cannot validly invoke the defense of good faith.

Good faith is not a valid defense in Technical Malversation for the crime is malum prohibitun. The appropriating the fund alone for another purpose constitutes already the crime.

Hence, good faith and no evil intent in not a valid defense.

IX-a.

Ernilo may validly invoke the defense of Instigation.

There is instigation when a person with authority instructed the accused to do a criminal act to help the former attain their purpose. In the present case, the act of Ernilo was not his own act but that of the PDEA Agent.

Hence, in the attending circumstances, Ernilo can validly invoke the defense of instigation to free himself from criminal liability.

No. Rado may not adopt the defense of Ernilo.

Given the cirsumstances, the defense of instigation cannot be validly invoke by Rado for the very reason that he was not instructed by the PDEA Agent to do such criminal act.

X-a.

Honesto committed the crime of homicide and less serious physical injury.

Complex crime is committed when it involves grave and less grave felonies. He cannot be liable for the complex crime since the offense committed are grave felonies and less serious physical injury.

No. My answer will not be the same. He is liable for the complex crime of Homicide with serious physical injury.

Since the passerby was hit in the left eye which caused his/her blindness, it is now serious physical injury which considered as less grave felonies.

Therefore the complex crime of homicide with serious physical injury was committed.

XI.

Nel, Ben, Ardo, and Gorio are all liable for theft.

Nel is also liable for homicide.

Theft and Robbery is committed when there is unlawful taking of the property for personal gain. The difference is that in robbery, there must be force upon things. In the case at bar, such is not present for they were able to enter the house smoothly without force or breaking anything, hence theft is committed.

In the case of death of Fermin, only Nel is liable for it is not agreed upon by them to kill Fermin. Therefore only Nel is liable for the death of Fermin.

XII.

The contention of Ando is without merit.

The Philippine territory extends 3-nautical miles from the headland.When the vessel is within the 3-nautical mile limit it is still within the territory of the Philippines. Hence crime committed can be validly prosecuted by the Philippine Court.

In the case at hand, since the killing happened just a few moments after the vessel left the port of Manila, then it is presumed that it is still with in the 3-nautical mile limit. Hence, within the jurisdiction of the Philippines.

XIII.

Yes, the estafa and violation of B.P. 22 will prosper.

Estafa and violation of Batas Pambansa Blg. 22 can be filed simultaneously, for the former is mala in se and the latter is mala prohibita.

XIV-a.

Dela committed the crime of estafa and illegal recruitment.

No, my answer will be different.

The crime committed is estafa and illegal recruitment in large scale.

XV.

Dancio did not commit any crime. He cannot be made liable for Evasion of Service of Sentence since he is not yet convicted. To be liable for such crime, one must be convicted and serving his sentence.

Brusco committed the crime of

XVI.

Mayor Abral committed the crime of Falsification. For the Mayor makes it appear that he celebrated the marriage where in truth and in fact he/she did not do so.

Donarto committed the crime of Usurpation of Authority for he solemnized the marriage even without the authority to do so.

XVII-a.

Higno committed the complex crime of Parricide with Infanticide.

A child has an intra-uterine life and considered as born if when the child was 6.5 months old at the mother's womb and completely delivered and live for 36 hours. All instances are present, hence the complex crime if Parricide with Infanticide is the crime committed.

Yes, this time the crime committed is Parricide with Unintentional Abortion.

Unintentional Abortion since Higno did not really intend to abort the child.

XVIII.

Lito is liable for Murder.

A minor who is above 15 years old but less tha eighteen is liable for the crime committed if he acted with discernement. In the case at bar, Lito was acted with discernment as shown by his acts when he got the key to the safe, took the weapon, and hid himself while waiting Brutus in his hang out place, and when convinced that he was alone, he shot the victim. Clearly he acted with discernment.

Hence, he is liable for murder.

XIX-a.

Bruno comiitted th e crime of Theft.

Theft is also committed in taking the property of another and not returning it when able to do so, or report it to the Municipal Mayor as what the law provides when the owner is unknown.

The Chief of Police is liable for Malversation.

When it was given to the Chief of Police, that was considered already as public property, hence when it was used by him for perssonal gain, then he is liable for malversation.

XX.

Senio committed the crime of Atempted Arson.

XXI-a.

No, the charge of adultery will not prosper.

Adultery is committed when a woman having a sexual intercourse with a man other than his husband. In the case at bar, there is no woman to speak of, since the wife is a transgender, who is really a male.

An impossible crime is committed in crimes against persons or property. Adultery as a crime against chastity, hence there can be no impossible crime in adultery.

XXII.

The Court of Appeals is not correct.He should be liable for qualified rape.

Qualified rape given the case that she is 14 years old, and the accused is the common-law husband of his mother.

Anilyn Evangelista

Ariel Acopiado

2020-11-10

Email: spitfirea211@gmail.com

Class: 4th Yr - Criminal Law

Teacher: Judge Ric S. Bastasa

quiz in criminal law nov 5 2020

Word count: 2514

a. Felonies are committed either by dolo (deceit) or culpa (fault). Dolo arises when the illegal act is brought with deliberate intent. On the other hand, culpa arises when there is negligence, imprudence or lack of foresight or skill. Both require voluntariness in the commission of said acts.

b. Aberatio ictus is the mistake on the blow or error in the identity of the victim. Hence, a crime to be inflicted on an intended person is made on another entirely different person.

II.

Ex post facto law is a statute that when retroactively applied prejudices the rights of an accused. On the other hand, a bill of attainder is one wherein congress declares a person guilty of a crime without trial, substituting the judgment of the courts.

III.

a. Yes. The case should be dismissed.

Under the law, the criminal liability of the accused is extinguished upon his death at any stage of the proceeding. The civil liability, however, is only extinguished if there has not yet been a final judgment. The reason is grounded on personal service of the sentence.

In this case, Tiburcio has died. Regardless of the finality, the criminal liability is extinguish for there is no one to serve the same. The civil liability however, persists, seeing that finality of thecase has been obtained. The amount of damages to be paid by his estate.

b. No. The answer is the same.

As stated in the previous item, death of the accused extinguishes criminal liability at any stage of the proceeding. Hence, the criminal case must be dismissed. Civil liability is also extinguished, seeing as the accused's death was before the finality of judgment was rendered.

IV.

a. The crime is Parricide.

One instance in law, wherein paricide is committed is when one kills his spouse.

In this case it is clear that Procopio killed his spouse. Procopio cannot avail of the exemption provided under law for death or injury under exceptional circumstances which is punishable by destierro for the reason that the same requires sexual intercourse. In the facts above, those involved were both women hence, no sexual intercourse.

b. No. The crime would be homicide.

Parricide requires that the victim and the offender be of legitimate marriage or relationship. Absent this, the crime would only be homicide, with a mitigating circumstnce of passion and obfuscation.

a. No. Talia cannot avail of the defense.

Jurisprudence provides that for the defense of Battered Woman Syndrome two prosper, there must be at least two complete cycles of the same. Each cycle consists of (a) tension-building phase - wherein there is verbal or physical abuse by the offender of the victim (b) acute battering incident - where there is actual violence chracterized by brutality and destructiveness and (c) tranquil loving phase - wherein the offender promises not to abuse the spouse, the abuser showing care to the abused.

In the case mentioned, there is only one cycle completed. There was no acute battering or loving phase in the second cycle. Hence, such a defense must fail.

b. I qualify. If after the violence there is a loving phase, then yes. If none, then no.

As mentioned in the previous item, absent two complete cycles of the three phases, such a defense cannot be raised. If after the battering, there is a time of loving and caring between them, then such a defense would become tenable.

VI.

a. No. He is not eligible for office.

Pardon, under the law, looks on prospectively and merely forgives the crime, but the same is not forgotten. It merely removes the consequences of the felony but not its memory. Absent an express stipulation in the pardon providing for the removal of the disqualifications from holding office, the same cannot be construed as implied. Hence, Adamos cannot be a candidate for election.

b. No. The answer will not be the same and he would be eligible to run for office.

Amnesty, as provided for by law, looks retroactively and removes the crime itself. The same obliterates the offense as if the crime has not been commited.

Subject, to an amnesty, Adamos would be elibible to run for office

VII.

a. No. The motion should be dismissed.

Prescription of crimes under the law applies only to those having a final conviction and there being a serving of sentence by imprisonment. Such a prescription, starts only when accused has escaped this sentence in the course of serving his time in prison.

On this case, Taylor has not even started serving his sentence, hence, prescription does not lie.

b. Yes. My answer would still be the same.

There is no mention under the law stating that the existence or non-existence of an extraditon treaty would affect the application of the said rule in the aforementioned item.

There being no service of sentence, prescription would not operate, hence motion must be dismissed.

VIII.

a. The crime technical malversation.

Said offense is commited when any public official shall apply public funds or property under his administration to any public purpose other than for which the same was appropriated by law.

It can be observed in the facts that, the two programs have separate appropriations. Hence, such an act by the Mayor in appropriating food under the feeding program, to the shelter program qualifies in the above offense.

b. No. Good faith cannot be considered.

The law provides that technical malversation is a crime considered as malum prohibitum and not malum in se. Malum in se lies when there is a need to determine the morality of the crime while malum prohibitum is when the same is prohibited by law regardless of its the act's morality.

Criminal intent not a factor, the mere intent to commit the act is enough to convict an accused.

IX.

a. Emilo can invoke instigation by the authorities.

Instigation is when the law enforcer conceives the crime's commission and influences the accused to adopt the idea and commit the same only for the latter to be arrested by the former. Instigation under the law is an absolutory cause for the true person at fault is the law enforcer.

The case shows that Emilo was hesitant to perform the act but was induced by the officer and got arrested for the action suggested.

b. No. Rado cannot raise Emilo's defense as his own.

Under the same principle mentioned in the previous item, there was no circumstance indicating that Rado was also induced by the police to commit the crime unlike Emilo who was hesitant. Absent the same, he is liable under the law.

a. The crime Honesto committed was homicide for Melba's death and a separate crime of slight physical injuries sustained by the passerby.

Under the law, a person is liable for a crime even though the wrongful act done be different from what was intended despite the mistaken identity of the victim. Homicide occurs when a person is killed, the accused killed the victim without qualifying as murder, parricide or infanticide. Further the law provides that one is also responsible for the crime if he is the proximate cause of the same (He who is the cause of the cause, is the cause of the evil caused). Further, complex crimes contemplated under the law only occur when there is two or more grave or less grave offense.

The acts of Honesto both classify as homicide and that of slight physical injury. The latter classifying as a light offense, such being only treated within two days, it cannot be complexed with the charge of homicide which is a grave offense.

XI.

Nel, Ben, Ardo and Gorio are liable of theft. while only Nel is liable for homicide.

Theft occurs when there is the taking of another person's property with intent to gain, absent force or intimidation on persons or things. Homicide occurs when a person is killed by the accused without the elements or treachery which would qualify it as murder or parricide or infanticide.

It is apparent here, that that the act of stealing in the house was an act separate from that violence committed by Nel. Since clearly the looting of the house was done without force (the doors and containers were easily accessible) there can be no robbery. Nel's act of killing Fermin was not incidental to them stealing from the house, since Fermin was not there at the first instance they trespassed. Hence such does not qualify as a special complex crime.

XII.

Ando's arguments are without merit.

Under the principle of terroriality, the Philippines can exercise jurisdiction for crimes committed within its territory. Under case law, foreign merchant vessels fall within such a jurisdiction within three miles of headlands of the waters within the country they are in.

Since the boat was only a few minutes away from the Manila Port, the crime is clearly within Philippine jurisdiction.

XIII.

a. The charges will prosper.

Under the law, estafa is committed when there is (a) checks were issued for an obligation, (b) offender knows that at the time of issuance such checks don't have sufficient funds and (c) pecuniary damage to payee. Violation of BP 22 arises when there is (a) issuance of check, (b) insufficient funds when the check was presented for payment and (c) the checks were dishonored by the bank. Since estafa is mala in se while violation of bp 22 is mala prohibita, there is no double jeopardy and both can be filed in court.

The facts of the case fulfill all the lawful elements mentioned.

XIV.

a. Crimes Dela committed were estafa and illegal recruitment.

Elements of estafa include: (a) deceit or abuse of trust in securing commission of fraud, and (b) pecuniary damage to the victim. Elements of illegal recruitment is that a person without license engages in recruitment activities or a person with a license but commits the prohibited acts under labor law.

It is apparent in the facts that Dela's act qualifies as elements to both crimes. Estafa being mala in se and Illegal recruitment being mala prohibita, both can be filed without causing double jeopardy.

b. No. The answer will be different.

Under the law, if three or more person are victims of illegal recruitment then the same qualifies as illegal recruitment in large scale which is an offense involving economic sabotage.

Since the victims in the second instance already involves three people then Dela is guilty of illegal recruitment in large scale in addition to estafa as provided in the previous item.

XV.

Dancio did not commit a crime since he was only a detention prisoner. Under the law sentence may only attach when there is a final judgment. There being none in this case, there is no crime.

Brusco is liable for obstruction of justice for helping Dancio escape prosecution and conviction

Edri is liable infidelity of prisoner custody under penal laws for his negligence, resulting to Dancio's escape.

XVI.

The mayor is liable for falsification of public documents since he is making it appear, by signing the marriage documents, that he took part of the ceremony, when he did not.

Donato is liable for usurpation of public authority or official functions as he performed acts which he is not allowed or entitled to under the law.

XVII.

a. The crime is committed is complex crime of parricide with infanticide.

Under the law, parricide is committed when a person kills his spouse. In addition, infanticide occurs when a child of age less than 3 days is killed.

Having an intra-uterine life of 6 and 1/2 months and after having survived 36 hours (3 days) outside the mother's womb the same would qualify as infanticide.Since the same was committed with a single act. Said crimes must be complexed.

b. The crime would be a parricide complexed with unintentional abortion.

Following the same legal bases in the previous item, parricide is committed and since the child died within the womb, the same is considered as an unintentional abortion, complex by virtue of a single act.

XVIII

The crime is murder.

Murder occurs when a person is killed by the accused attended by treachery. Treachery occurs when the perpetrator ambushes the victim or employs means within which the victim cannot defend himself or ensures that when such is carried out that he is free from retatialion. Under the law, a youth over 15 years old but less than 18 is liable for the crime, only when he acted with discernment.

The facts elucidate that the crime was carried out with discernment. From the moment accused used the key of his father to unlock the safe where the murder weapon was stashed, from the staking out of the victim, until the moment he pulled the trigger, there as clear showing that it was premeditated.

XIX

a. Bruno committed theft.

Under the law, a person who fails to return lost property, having found by him is liable for theft.

In the case mentioned, Bruno failed to return the wallet despite having the opportunity to surrender it to the local authorities or to its rightful owner.

b. The crime is malversation.

It is established that malversation can occur despite the subject property being private when the same is in custodia legis. The wallet being surrendered for return to its true owner qualifies as public property since it is of the officer's duty to return it by virtue of his public position.

XX.

The crime is attempted arson.

Under the law, there is an attempt of the crime when the offender commences the commission of the felony directly or by overt act and does not perform all acts of execution which would produce the felony by reason of some cause or accident other than his own spontaneouse desistance. Arson is committed when there is an intention of burning and inhabited dwelling.

Failing to consummate the crime by reason of being caught by the cops, which is a reason independent of his own desistance, he is liable for attempted arson.

XXI.

a. No. The charge of adultery will not prosper since the same should be commited by a married woman having carnal knowledge with another man besides her husband. Wendy being a biological male from birth cannot qualify as a woman which is one of the elements under the law for adultery.

b. An impossible crime is committed when a person performs an act which would have been an offense against a person or property if not for the inherent impossibility of the act or employement of inadequate means.

No, Since adultery is a crime against chastity and impossible crimes are that of against person and property.

XXII

The decison of the CA must be reversed.

Under the law, qualified rape occurs when a victim of rape is under 18 years old or the offender is a parent, ascendant, step-parent or relative by consanguinity or by affinity up to the third degree, guardian or common-law spouse of the victim.

In this case, the victim is underaged and the ofender is a step-father, hence the rape must be qualified.

Ariel Acopiado

Arnold Bongcayao

2020-11-10

Email: arnoldbongcayao@gmail.com

Class: Criminal Law Review

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 981

I. a) Felonies are committed either by dolo or culpa. There is dolo when there is deliberate intention to commit the crime. There is culpa when there is no intention to commit it but a crime resulted due to negligence, imprudence, lack of skill or foresight.

b) Aberratio ictus means mistake in the blow. Under Article 4 of the Revised Penal Code, the offender is still liable for the logical consequences of his criminal act although he never intends to commit it. This may result to a complex crime.

II. Ex post facto law is a law which has retroactive application. While a bill of attainder is a legislative enactment which convicts the offenders without trial. Both of them are proscribed by the 1987 Constitution because they are violative to the accused's right to due process.

III. a) Yes. The motion to dismiss will prosper. Under the law, the death of the convicted felon will extinguish his criminal and civil liability.

b) No. My answer will still be the same. Under the law, the death of the convicted felon will extinguish his criminal and civil liability.

IV. a) Procopio may be liable for the crime of Parricide in the killing of his spouse. The elements of the crime are present. Death under Exceptional Circumstance will not apply, because two women cannot perform sexual intercourse under the law.

b) No. My answer will be different. Procopio may be liable for Homicide only. The relationship in Parricide must be valid and legitimate.

V. a) No. Talia cannot invoked the Battered Women Syndrome. This defense is similar to the justifying circumstance of self-defense. In this case, there is no unlawful aggression. Dion was already sleeping when Talia stabbed him. Absent this element, one cannot free herself from criminal liability.

b) No. This time Talia can invoked this defense successfully because there was unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation on the part of Talia.

VI. a) I will advice Adamos that he cannot run. The pardon did not expressly provide the restoration of his right to hold public office.

b) No. My answer will be different. The grant of amnesty obliterates his badges of criminal history as if he is new slate. Hence, he is elegible to run as Senator. His previous act of heading a rebellion will be thrown into the dust of oblivion.

VII. a) No. Taylor was not yet convicted by final judgment and was never deprived of his liberty. Prescription has not yet started. It begins only when the convict evades sentence by escaping.

b) Yes. My answer will still be the same. Prescription has not yet started because he never serve his sentence.

VIII. a) Mayor Maawain may be liable for the crime of Technical Malversation. He diverted public funds specifically appropriated by law or ordinance.

b) No. Although his act of transferring the 10 boxes of food is also for public use, the elements of Technical Malversation is malum prohibitum. Criminal intent is not an element of the crime.

IX. a) Emilo may invoke that there was instigation in his case. The police officer conceived the criminal the design and induced him to accept the marked money to be used in buying shabu. It turned out instead he was included in the arrest.

b) No. Rado violated the law when he was selling drugs to Emilo. The defense of instigation is personal to Emilo.

X. a) Honesto may be liable for the crimes of Homicide for the death of Melba and Slight Physical Injury to the passerby. In this case there is error in personae and under Article 4 of the RPC, any person committing a felony is liable although the wrongful act done be different from that which he intended.

b) No. My answer will be different. If the passerby was hit in the left eye which can definitely cause blindness, then Honesto will be liable for Serious Physical Injury.

XI. Nel, Ben, Ardo, and Gorio may be liable for theft only. In this case, there was no force or violence used in the taking of the valuables.

Nel may be liable for homicide in killing Fermin. Their conspiracy is to steal the valuables from the house of Fermin and not to kill him. His fellow felons will not be liable for his personal act.

XII. Ando's contentions deserves no merit. The principle of territoriality will apply. Since the crime was committed in Philippine waters, then our courts will have jurisdiction. Our criminal laws shall govern to those who sojourned in our country.

XIII. Yes. The charges against Elen will prosper. Estafa and BP 22 are entirely distinct and separate charges. The filing of these two cases will not result to double jeopardy.

XIV. a) Dela may be liable for the crimes of illegal recruitment and estafa. The filing of the two cases based on the same act will not give rise to double jeopardy. Illegal recruitment is malum prohibitum governed by special laws, on the other hand estafa is mala in se governed by the Revised Penal Code.

b) No. My answer will be different. Dela may be held liable for Large Scale Illegal Recruitment.

XV.

XVI. Donato may be held liable for usurpation of public authority by pretending to be someone when in fact he is not.

Mayor Abral may be held liable for falsification of public document by affixing his signature when in fact he did not solemnize the marriage.

XVII.

XVIII. Lito may be liable for Murder. Even though he is a minor, he acted with discerment. He premeditated the attack. There was treachery when he insures that no defense may come out from Brutus.

XIX. a) Bruno may be liable for theft. He failed to deliver the lost items to the authorities. By taking something that is not his property, theft was already consummated.

XX.

Arnold Bongcayao

BOBBY BORCES

2020-11-10

Email: borcesbobby@gmail.com

Class: CRIMINAL LAW REVIEW

Teacher: JUDGE RIC S. BASTASA

quiz in criminal law nov 5 2020

Word count: 2509

a. Under the law, felonies are committed by means of deceit or by means of fault. There is deceit when the act is done or performed with deliberate intent. There is fault when the wrongful act results from imprudence, negligence, lack of foresight or lack of skills.

b. Aberratio ictus is what we call as mistake in the blow. This happens when the offender intends to do injury against a particular person but the injury or harm was done to another who is not the intended victim. The offender in this case is still liable pursuant to Article 4 of the Revised Penal Code under paragraph 1 thereof, which states in part: Criminal liability shall be incurred by any person performing a felony although the wrongful act done be different from what he intended.

II.

An ex post facto is that law which makes an act punishable when such act is not yet punishable when committed. In short this law gives a retroactive application of law which is found to be prejudicial to the accused, while bill of attainder is a legislative act which inflicts punishment without judicial trial.

III.

a. Yes, the RTC should grant the Motion to Dismiss the case because under the law death extinguishes criminal liability. This extinguishment of criminal liability is available at any stage of the proceedings. In the instant case, while there is already an Entry of Judgment making it appear that his judgment of conviction has already become final and executory, yet this fact is of no moment considering that death extinguishes his criminal liability. The rationale here is that, there is no more person or accused to serve the sentence or penalty of imprisonment because of his death and also the penalty is personal. Thus, the RTC should dismiss the case.

b. My answer is still the same because the law does not make any qualification. Regardless of what stage the case of the accused was, for as long as the accused is already dead then his criminal liability was already extinguished by virtue of his death.

IV.

a.) Under the facts given, Procopio committed the crime of parricide because it was his wife whom he killed.The law provides that a person who kills his spouse shall be liable for Parricide. On the other hand, Procopio cannot avail the provision of law which deals with "Death under exceptional circumstances" because the sexual partner of his wife when he surprised them was actually a woman. This is not the one contemplated by law. It should be between a man and woman for sexual intercourse to be considered. However, Procopio can avail of the mitigating circumstance of passion and obfuscation, the fact that he actually caught his wife having on the act of sexual intercourse with Magda, who is a woman.

b. My answer will not be the same. If Procopio and Bionci are only common-law spouses, the crime would only be Homicide because the law mandated that for a person to be held liable for parricide, the relationship between the accused and the victim must be legitimate. Since, there is absence of legitimate relationship the fact that they are only common-law spouses, then Homicide will be the appropriate crime that Procopio committed.

a.) Gleaned from the facts given, Talia cannot invoke the defense of Battered Woman Syndrome to free herself from criminal liability. It is clear from the given situation that there is only one cycle of violence. In addition, to complete the cycle it must undergo three phases, i.e., tension building phase, acute battering phase, and tranquil loving phase. In this case, these phases are clearly wanting. Since, in this case, there is only one cycle of violence, then Talia cannot successfully invoke such a defense because the law requires that there must be two cycles of violence.

b. Yes, at this time Talia can already invoke the defense of Battered Woman Syndrome because of the presence of two cycles of violence as she was beaten up for a second time and provided further that three phases as mentioned in the preceding paragraph are also present.

VI.

a.) If Adamos comes to me for an advice, I will advice him that he should not run for senator because the tenor of pardon does not expressly include the restoration of his right to hold public office. Being so, it goes without saying therefore that he is disqualified from running for public position because of that accessory penalty of perpetual disqualification to hold public office.

b.) If what was he committed is a crime rebellion and then he was granted an amnesty, my answer will not be the same. This time, Adamos can now run as senator because a grant of amnesty obliterates the crime or penalty imposed against him and before the eyes of the law it is as if that he committed no crime at all.

VII.

a.) If I were the judge I will not grant the Motion to Quash the warrant of arrest filed by Taylor. The law provides that prescription of penalty will lie only if the person convicted has evaded his sentence by escaping while he was serving the term of his sentence. In the extant case, Taylor has escaped when his judgment is about to be promulgated against him. Clearly, at the time he escaped he is not yet serving his sentence after having been convicted. On this score, prescription has not started to run. Thus, the penalty imposed against him had not prescribed and this is therefore the basis to deny his motion to quash the warrant of arrest issued against him.

b.) Even on that score, my answer will be the same for the same reason that he has not yet served his sentence when he escaped and therefore the prescription of his penalty has been effectively interrupted.

VIII.

a.) Mayor Maawain committed the crime of Technical Malversation because the ten boxes of food were intended for the feeding program and yet the Mayor transferred the same to the shelter assistance program. Under the law, there is technical malversation when a particular budget is transferred to some other public use other than for which such budget or fund is intended for use by law. For him not to violate the law, he should have seeked the proper law or ordinance authorizing such transfer, otherwise he would be held liable for technical malversation.

b.) No, Mayor Maawain cannot invoke the defense of good faith because the crime of technical malversation is considered as malum prohibitum or the act becomes illegal because it is prohibited by law, by which good faith is not a defense.

IX.

a.) From the situation given, it is very clear that there was an instigation perpetrated by the PDEA agents. In instigation, the criminal mind originates not from the accused or the person apprehended but from the law enforcers themselves. In short Ernilo has no criminal intent in doing what he did on the ground that the act does not originate from his own mind as he was just instigated by SPO3 Relio from doing what was instructed of in order to capture Rado. Thus, Ernilo can invoke the absolutory cause of defense of instigation to free himself from criminal liability.

b.) No. Rado cannot adopt the defense of Ernilo because such a defense is personal to Ernilo as it was only Ernilo who was instigated by the PDEA agent to do what was instructed of him. Rado did his act of selling shabu from his own free will and volition and no one induced or forced him to sell shabu. Thus, he has really a criminal mind when he sold shabu to Ernilo, unlike the latter who has no intent of doing criminal act if not because of the instigation.

a.) Honesto committed a complex crime of Murder with attempted murder. Article 48 of the Revised Penal Code clearly provides that a complex crime is committed when a single act constitutes two or more grave or less grave felony. Murder is a grave felony, while attempted murder is a less grave felony, hence, complex crime of murder with attempted murder was committed by Honesto.

b.) Yes, my answer is the same for the same reason as stated in the immediately preceding paragraph because of Article 48 of the Revised Penal Code.

XI.

Nel, Ben, Ardo, and Gorio are all liable for theft only. This is so because there was no force, intimidation was exerted against the owner of the thing and besides no force upon things was exerted in gaining entrance to the house or in the taking of the things. All of them are liable because of the presence of conspiracy as they have come to an agreement concerning the commission of the felony and decided to commit it.

On the other hand, as far as the death of Fermin is concerned, it is only Nel who should be held liable for murder and not merely homicide because Fermin at that time was unaware that he would be killed by Nel as he was totally unaware of the presence of Nel. There is therefore a presence of qualifying circumstance of treachery and also abuse of superior strenght considering that Nel was armed with a golf club while Fermin has none. In addition, it was only Nel who should be held liable for murder because the killing of Fermin was no longer included in their conspirary. Therefore, the act of one to be the act of all is not applicable in this case.

XII.

The contention of Ando is not meritorious. Under the territoriality principle of our criminal law, crimes committed within Philippine Territory is subject to the jurisdiction of our courts. The facts given clearly shows that the vessel has just left the port of Manila and the killing happened just a few months from that time, thus, it can be safely concluded that the killing happened right inside our territory. It is of no moment that the vessel is a Malaysian registered vessel because the crime was committed right here inside Philippine Territory.

XIII.

Yes, the charges against Elen will prosper. These two cases can be properly filed against Elen without violating any law because these two cases are separate offenses. Estafa is punished under the Revised Penal Code, while Violation under B.P. 22 is a special law. In short, these two cases have separate elements to constitute the crime. Thus, Elen can be charged of these cases without violating the double jeopardy principle.

XIV.

a.) Dela committed the crime of estafa and illegal recruitment. Estafa was committed because of Dela's false pretenses that she has the power to send Nita abroad when in fact she has none at all. On the other hand, illegal recruitment was also committed because Dela is not actually a holder of a document authorizing her to recruit.

b.) My answer will not be the same because at this time Dela is now committing Large Scale Illegal Recruitment. This is committed against three or more persons. In the situation given, there are at least four persons whom Dela promised to send abroad for employment. Thus, large scale illegal recruitment was committed by Dela.

XV.

Since Dancio is merely a detention prisoner and not a convicted felon who serves his sentence, he did not commit any crime at all.

Brusco, on the other hand, is liable for obstruction of justice as he was the one who facilitated the escape of Dancio.

Finally, Edri committed the crime of Infidelity in Custody of prisoners for he was the reason that Dancio was able to escape.

XVI.

Mayor Abral committed the crime of Falsification of Public Document by making it appear that he was the one solemnized the marriage but actually not.

Donato, on the other hand, committed the crime of usurpation of public authority by making it appear that he is authorized to solemnize marriage when he is not authorized to do so as the power belongs to the Mayor.

XVII.

a.) Higino committed the crime of Parricide because the person he killed is his own wife granting that his wife is his legitimate wife since the law provides that killing a spouse would make the person liable for parricide and unintentional abortion because the fetus was also aborted although not intentionally done.

XVIII.

Lito is still criminally liable provided that he is found to have acted with discerment at the time of the killing. It is clear however that Lito has acted with discernment because he was really determined in killing Brutus by going aheah and even hid himself. Thus, he is liable for murder, however he can avail of a privilege mitigating circumstance of minority.

XIX.

a.) Bruno did not commit any crime because the money was only found by him. The elements of the crime of theft such as, that the personal property is owned by another person, the taking is without the consent of the owner, and the taking was not attended by force, intimidation, are lacking. However, Bruno has his duty to report the same either to the Chief of Police or the Mayor. It is only after due publication and no one appears to claim the money that Bruno can have it as his own being the finder.

b.) Given the foregoing facts, the Chief of Police can be held liable for Malversation of Public Funds. The money that was deposited to him still form of public funds pending claims of the real owner. Thus, any unauthorized appropriation constitutes the crime of Malversation.

XX.

Senio committed the crime of attempted arson. It is only in its attempted stage as he was not able to lit the gasoline to produce fire. Besides, his act of pouring gasoline around the walls of the house has its causal connection with what was his plan.

XXI.

a.) No, because the charge of adultery may only prosper if it is filed a against a woman. In the case at bar, Wendy is actually born male and so one of the elements of the crime of adultery is missing, thus, the charge against Wendy and Ariel will not prosper.

b.) There is impossible crime when a person is performing an act which would be an offense against person or property, were it not for its inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.

No, because adultery is not a crime against person or property but against chastity. Impossible crime is supposedly against person or property only. Since adultery is a crime against chastity, then there can be no impossible crime to speak of.

XXII.

The appeal of Charlie should be ruled in his favor because of the absence of relationship. Charlie is not the father of AAA and therefore the crime should not have been qualified rape but only simple rape.

BOBBY BORCES

Cherrie Mae Granada

2020-11-10

Email: cherriemae.aguila@gmail.com

Class: Criminal Law Review

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1961

Felonies are committed by means of dolo or culpa. Deceit or dolo is present when an act is committed with deliberate intent. On the other hand, there is fault or culpa when the act is committed through either negligence, imprudence, lack of skill or lack of foresight.

Moreover, to be considered felonies, acts from both means must be voluntary.

II.

Aberratio ictus or mistake in the blow contemplates a circumstance wherein the injury inflicted by an offender to the supposed victim was suffered by another.

III.

a) Yes, the RTC should dismiss the case.

The law provides that criminal liability of an accused is extinguished at his death since the penalty of imprisonment requires a personal service of the sentence. The civil liability shall be extinguished if the death occurs prior to the final judgment of the case.

b) No, my answer will still be the same.

In one case, the Court ruled that the criminal and civil liabilities of an accused shall be extinguished in case of his death pending appeal.

IV.

a) Procopio committed the crime of parricide.

Under the Revised Penal Code, parricide is committed by a person who shall kill his father, mother, child, ascendants, descendants or spouse.

In light of the given facts, there are no special circumstances attendant to the case since sexual intercourse is a requisite in order to avail of the exceptional circumstances provided by law to a person who kills his spouse caught inflagrante committing the deed.

b) No, my answer will not be the same.

The law requires an establishment of a legitimate relationship for parricide to prosper.

Thus, Procopio will only be charged with homicide with a mitigating circumstance of passion and obfuscation.

a) No, Talia cannot invoke the defense of Battered Woman Syndrome.

As laid down by jurisprudence, the Battered Woman Syndrome requires at least two complete cycles of violence. Such cycle is characterized by (1) tension-building phase, (2) acute battering phase, and (3) tranquil loving phase.

In this case, the couple was only in the middle of the second cycle when Talia killed Dion. Hence, the defense of Battered Woman Syndrome cannot be successfully invoked to free the former from criminal liability.

b) No. My answer will not be the same in the event that after the second beating Dion again promised never to beat her up again and they subsequently made peace with each other. Otherwise, Talia will remain criminally liable since absent the tranquil loving phase will not complete the second cycle required.

VI.

a) I will advice Senator Adamos against running in the next election.

As provided by law, pardon operates prospectively wherein it forgives the convicted person and abolishes the punishment. However, such grant cannot restore the person to his right to previous office or right to hold any public position or his right of suffrage without an express provision contained in the pardon.

In view of the facts, since the pardon of Senator Adamos does not expressly provide for a restoration of the aforementioned rights, then he is not qualified to run for senator in the next election.

b) No, my answer will not be the same.

As defined by law, amnesty operates retroactively in the sense that it abolishes the crime committed and the person is deemed to have not committed such offense at all. Moreover, amnesty restores the person to his previous position or office as well as to his other civil rights.

VII.

No, I will not grant the motion to quash.

Under the law, the prescription of penalties apply only to those who are already serving their sentence after final judgment and who subsequently evaded such sentence.

In this case, since Taylor was not arrested yet, the deprivation of his liberty has not commenced. Thus, he cannot successfully assert the prescription of penalties.

b) Yes, my answer will still be the same even if Taylor went to a country without extradition treaty with the Philippines. The prescription of penalties only applies when a deprivation of liberty through a sentence by final judgment has already commenced. Since Taylor evaded arrest, he has not commenced serving his sentence yet and neither has the toll of the prescription of penalties.

VIII.

a) Mayor Maawain has committed the crime of technical malversation.

As provided by the RPC, technical malversation is committed when a public officer shall apply any public fund or property to public use other than for which such was appropriated by law.

In this case, the mayor utilized property from the feeding program for the beneficiaries of the shelter program. Thus, technical malversation was committed.

b) Mayor Maawain cannot invoke good faith in the commission of the act since such offense is characterized as mala prohibita which only requires commission. even without intent, such crime will prosper.

IX.

a) Emilio may invoke instigation as an absolutory cause to free himself from criminal liability.

The law provides that instigation takes place when a law enforcer conceives the commission of a crime and induces another person to commit such crime. Instigation is cntemplated upon as an absolutory cause and hence, even if committed not penalized for reasons of public policy.

Based on the foregoing, Emilio was approached and induced by a police officer to act as poseur-buyer and the former heeded to the commission of the act, albeit hesitant. Therefore, Emilio can successfully avail of the defense of absolutory cause to be acquitted.

b) No, Rado cannot adopt such defense as his own. The given facts are indicative of Rado's guilt in violating RA 9165 as a seller of illegal drugs. No absolutory cause exists for his defense.

a) Honesto committed a crime of homicide and a separate crime of slight physical injuries.

Under the law, Honesto is liable for homicide notwithstanding the error in personae since criminal liability is incurred when a felony is committed although such act be different from the one intended. Although a different Wilma was hit, such mistake in identity does not exculpate the offender. Moreover, Honesto is also liable for slight physical injuries for the injury sustained by the passerby, the former's act being the proximate cause of said injury.

b) My answer will not be the same since loss of one eye is deemed a serious physical injury. In this case, the crime committed is a complex crime which is defined by law as a single act which results to a grave and less grave felonies.

XI.

Nel, Ben, Ardo and Gorio committed the crime of theft. Moreover, Nel is guilty of homicide.

Under the RPC, theft is committed by taking property with intent to gain without the elements of violence, force upon things or threat against persons. As for the crime of homicide, such is committed when there is killing absent premeditated intent.

Based on the foregoing, the perpetrators committed theft since there was taking of valuable things with intent to gain without the use of force upon the entrance of the house. Nel has also committed homicide since he killed Fermin without intent.

XII.

Ando's arguments lack merit.

As jurisprudence has established, the Phillippine territory extends to three miles from the headlands. Any foreign merchant vessel which enters such limit is subject to the jurisdiction of the Philippines.

It can be deduced from the facts that the killing happened within the three-mile limit, making such crime subject to the Philippine territory. The contention that such vessel is registered in Malaysia is inconsequential since the crime was not committed in the high seas.

XIII.

Yes, the charges will prosper.

Under relevant laws, an estafa case will prosper along with a case of the violation of BP 22 since the elements of both cases are not similar. What is penalized in estafa is the crime against public interest, while a crime against property is penalized in violation of BP 22.

In this case, the elements of BP 22 were established when Elen drew checks for value with knowledge that she did not have sufficient balance to cover for such checks, and the checks were subsequently dishonored for "insufficient funds."

XIV.

a) Dela committed illegal recruitment and estafa.

In a series of decisios, the Court ruled that a person may be charged with estafa and illegal recruitment at the same time since the former is a mala in se crime while the latter is a malum prohibitum. Intent is not necessary for illegal recruitment to prosper,while it is a requisite in estafa.

In this case, since Dela defrauded Nita by evident pretense in the former's authority to recruit the latter for employment in Taiwan, she is guilty of estafa and illegal recruitment.

b) No, my answer will not be the same. Illegal recruitment in large scale is committed if it involves recruitment of three or more persons, individually or as a group.

XV.

As for Dancio, he did not commit the crime since he is still a detention prisoner at the time of the escape.

As for Brusco, he is gu

XVI.

Mayor Abral committed the crime of falsification when he pretended to have solemnized the marriage, while Donato committed the crime of usurpation of authority when he solemnized the marriage without authority to do so.

XVII.

a) Hinigo committed the crime of parricide and infanticide.

The Revised Penal Code provides that the crime of parricide is committed when a person kills his spouse, while infanticide is committed when a person kills a child who is less than three days of age.

b) Yes, my answer will be different. Hinigo will be guilty of the complex crime of parricide with abortion.

XVIII.

Lito committed the crime of murder notwithstanding minority.

Under the law, a child aged 15 to 18 years old shall be criminally liable when he acted with discernment in the commission of an offense.

Based on the foregoing, Lito has acted with discernment as evidenced by premeditation in killing Brutus.

XIX.

a) Bruno has committed the crime of theft.

The law provides that theft is committed when a person fails to deliver to the owner or authorities a lost property found by him.

Since Bruno did not deliver the wallet to the owner or to the local authorities, a crime oof theft was committed.

b) The police committed the crime of malversation.

The RPC provides that malversation is committed when a property in custodial legis is misappropriated

XX.

The crime committed is attempted arson.

Under the law, there is an attempted crime committed when the offender commences the execution of the offense but does not perform all the acts by reason of some cause independent of his will.

Since Senio has started pouring gasoline, the crime of arson was commenced. However, all the acts were not executed since the police caught him before he could have done so.

XXI.

a) No. the crime of adultery will not prosper.

As the law provides, adultery is committed when a married woman shall have sexual intercourse with a man not her husband.

In view of the foregoing facts, Wendy is not a female but was born male. Hence, the requisites of the crime of adultery do not concur.

b) No, there was no impossible crime committed. Under the law, impossible crimes contemplates on crimes against person and property. Since adultery is a crime against chastity, there could be no impossible crime of adultery.

XXII.

The ruling of the CA must be reversed.

Undert the RPC, the crime of qualified rape is committed when the victim is below 18 years old and the offender is a parent, step-parent, ascendant, relative within the third civil degree, or common law spouse of the parent of the victim.

In this case, Charlie must be convicted with qualified rape since he is the common law spouse of AAA's mother.

Cherrie Mae Granada

Christian Val G Dionglay

2020-11-10

Email: christianval4680@gmail.com

Class: Criminal Law review

Teacher: Judge Ric S Bastasa

quiz in criminal law nov 5 2020

Word count: 1279

Under the revised penal code, felonies can be committed not only by means of deceit but also by means of fault.

Deceit exist when the act is done with deliberate intent and there is fault when the act done resulted from negligence or imprudence.

b. Aberration Ictus is the mistake in the victim of the blow, it generally increases criminal liability. In this situation an offender intends to hurt one person but another person was hurt.

II.

Ex post facto law is a penal law which is given retroactive application to the prejudice of the accused. While a Bill of Attainder is a legislative act which inflicts punishment without the benefit of trial. It is an encroachment of the judicial function by the legislative department.

III.

a. Yes, the RTC should grant the motion to dismiss, under article 89 of the RPC. Death of the convict extinguishes the total criminal liability at any stage of the proceeding. but with regards to his civil liability, it will only be extiguished if such death should occur before the court renders its final judgment.

b. I will have the same answer applying article 89 of the rpc. The death of the convict will still extinguish his criminal liability at any stage of the proceeding. but the provision is clear with regards to the civil liability, it will only be extinguished when such death should occur before the court renders its final judgement.

IV.

a. Procopio will be liable for the crime of parricide for killing his wife which is punishable under the revised penal code. and the exceptional circumstance for inflicting death or physical injuries under the same code is not applicable because homosexual intercourse cannot be exempted.

b. No my answer will not be the same, the crime of parricide applies only to legally married individuals. Therefore, procopio will be liable for the crime of homicide which if punishable under the revised penal code.

a. No, Tiala cannot invoke the defense of Battered Woman Syndrome under RA 9262, because the battering stage was done only once. In a decided case by the supreme court, the court imposed certain requisites before one can invoke such defense. And in the given situation, the requisites were not fully complied with.

b. If the two cycle of violence is present, then Talia can invoke the defense of battered woman syndrome, assuming that all other requisites to invoke the defense is present.

VI.

In the given situation, an absolute pardon was given to senator adamos which abolished his criminal liabilities although he has been convicted of the said crime. But the right to vote and to hold public office was not clearly stated in the pardon therefore, he cannot run for public office. Unless it is clearly stated in the absolute pardon that such right to run for public office has been fully restored.

My answer would be different, he can now qualified to run for public office. Amnesty abolishes the crime itself, which would simply imply that such person had not committed any offense. It would also mean that his right to vote and to hold public office was not removed.

VII.

a. No, i will deny his motion to quash. The penalty imposed has not yet prescribed because he we fled to the US even before the authorities can serve to him the warrant of arrest. And he has not served the sentence.

b.My answer would still be the same because he has not been arrested and he has not serve any portion of the sentence.

VIII.

a. When a public officer use an intended government fund for a different public purpose, he can be charged of illegal use of public funds under the revised penal code. Therefore Mayor Maawain can be held liable for the said crime.

b. The provision on illegal use of public fund is very clear, that when such fund is used for a different purpose, one can be charged of the said crime however noble his or her intentions. good faith cannot be applied.

IX.

a. Rado can invoke that he was merely lured by SPO3 Relio for the commission of an offense in order to prosecute him. The action of the Law Enforcement officers is illegal. He did not have any deliberate intention for the commission of the said offense, he was merely forced to do it.

b. Rado cannot invoke the same defense, he was legally captured during a valid entrapment.

a. Honesto is liable for the crime of homicide under article 249 of the revised penal code for killing melba and slight physical injury for the injured passerby. The said act cannot be appreciated as a complex crime, because the law provides that a single act done must result into a grave or less grave offense, and slight physical injury is not one of them.

b. My answer would not be the same, the complex crime of homicide with serious physical injuries will apply because blindness of the eye which resulted from the commission of the said crime will no longer be considered as slight offense.

XI.

All of them is liable for the crime of theft because there was no force, violence or intimidation in the commision of the said offense. But the act of nel in killing fermin consitute the crime of homicide under the revised penal code and the other perpetrators cannot be held liable for killing fermin, they are only liable for theft.

XII.

a. Ando's contention is incorrect, applying the territoriality characteristic of the revised penal code, it will apply to all crimes committed within the Philippine Territory regardless of the nationality of the offender and the registration of the sea vessel. in the given situation, the ship was still in our territory and also the crime was committed within our territory.

XIII.

Yes, the charged of estafa and violation of BP 22 will prosper. In a decided case by the supreme court, it was held that no double jeopardy will apply, because one can be held liable for the crime of estafa punishble under the rpc and BP 22 which is a special law.

XIV.

a. Dela can be held liable under the labor code for the crime of illegal recruitment and also under the revised penal code for defrauding Nita.

b. My answer would still be the same that dela is liable for defrauding celia, digna, emma and nita which is punishable under the revised penal code. but the illegal recruitment will now be categorized as committed in large scale but is still punishable under the labor code.

XV.

Dancio can be held liable for evading service of his sentence because of his escape from the provincial jail.

Brusco can be held criminally liable for aiding the escape of dancio because of his act of smuggling the pistol inside the provincial jail.

Edri can be held liable for not performing his job correctly. it was his lapses that brusco was able to smuggle a gun inside the jail.

XVI. The crime committed by the mayor is falsification of public document. and donato can be charged of usurpation of public authority because he has no authority to solemnize marriages.

XVII.

a. He is liable for the crime of parricide for the death of his wife and child.

b. My answer would still be the same. he is liable for the crime of parricide.

XVIII.

a. he is liable for theft for not returning or reporting to the proper authorities what he has found, and also for using the cash.

b. the police can be held liable for misapppropriating the money in his custody.

Christian Val G Dionglay

cyrus Tingcang

2020-11-10

Email: cyrust2011@gmail.com

Class: Juris Doctor fourth year

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1074

b. Aberarratio Ictus

II.

Ex post facto law is a penal law that punishes an act even though at the time of its commission it is not considered a criminal act. A bill of attainder on the other hand is a legislative act which inflicts punishment to an accused without the benefit of a judicial determination of his guilt.

III.

It is respectfully submitted that Procopio committed a crime of Death under Exceptional Circumstances which is penalized by a penalty of Destierro. The fact that the accused's wife was caught making love with another woman is of no moment. The evil sought to be prevented, namely; sexual infidelity is the same. Moreover, the husband cannot be expected to ascertain first the gender of Magna before before he can suppress the acts committed by his wife and Magna. A contrary ruling would produce absurd results.

The examinee's answer would differ. Under the law, Death under Exceptional Circumstances would only be applicable if the accused and the victim spouse were legally married. At bar, common-law relationships do not enjoy the protection of the provision on Death under Exceptional Circumstances.

It is humbly submitted that Talia cannot invoke the defense of Battered Woman Syndrome. Case law dictates that inorder for such defense to prosper, it should be proven that the woman suffered a series of abuses which indicates probable grave harm. There must be factual antecedent showing three stages of abuse which starts with the tension building stage where small recurring abuses is inflicted then it transition into a tranquil period where the woman is made to believe that she is free from further harm. Subsequently, the accused is again subjected to a series of abuses until it reached an episode that she has to defend herself from an act of aggression which, if not suppressed, would probably inflict grave probable harm to her. Here, no such antecedents may be inferred from the statement of facts. Hence the answer.

No. The reason being is that the physical abuse inflicted on Talia for the second time would give rise to the application of the concept of Battered Woman Syndrome as discussed in the immediately preceding answer of the examinee. A contrary ruling would counenance a grave injustice.

VI.

I would advice Senator Adamos that an absolute pardon given by the President effectively erases the criminal conviction and thus, all penalties imposed appurtenant to the said coviction are also deemed extinguished. Hence, he is not disqualified to run for public office.

No. Under the law, an Amnesty only exempts the accused-grantee from punishment of the crime but it does not erase the fact of the commission of the crime which is deemed admitted by the accused-grantee. Hence, having committed the crime of rebellion, Senator Adamos is disqualified to run for the position of Senator.

VII

Yes. It is undisputed that the Philippines and the United States have enterred into an extradition treaty wherein the contracting states are dutybound to extradite a convicted criminal found in their respective country and bring the subject person to the jurisdiction of the requesting state.

No. It is settled that the prescription of penalty can not be invoked in cases where the accused failed comply with the order of the Court to appear before it and left the country thereby putting himself beyond the jurisdiction of the Court. Verily, the prescriptive period in question is deemed suspended. A contrary ruling would put to naught the mandatory laws of the Philippines.

VIII.

The crime committed is Technical Malversation considering that the fund used by Mayor Maawain is intended for the Municipality's feeding program which a seperate item in the Municipality's anual budget.

The defense of good faith is unavailing inasmuch as what is probited by law is the mere act of unauthorized use of an approved budget other than what it was intended when approved.

It is submitted that Ernilo may invoke the justifying circumstance of obedience to a superior order of a public officer. Here, it is evident that Ernilio merely acted in compliance to the order of SPO3 Relio who is considered as a public officer.

b. No. The justifying circumstance of obedience to a superior order is personal to Ernilo and only him can invoke the said defense.

It is submitted that Honesto comitted an impossible crime of Murder for the death of Melba. Even though there was no intension to kill Melba, but the same was the result of the criminal act committed by Honesto which a crime against person.

Yes. It is indubitably clear that the shot in the left eye is considered fatal which may lead to the death of the said passerby.

Ben, Ardo and Gorio are guilty of the crime of robbery. It is evident that the asportation was made with force upon things and was accomplished by means of conspiracy considering that they planned to commit the crime and decided to implement their criminal design. In the case of Nel, he is guilty of the complex crime of robbery with homecide. In the statement of the facts, it can be deduced that only Nel had the intention to kill Fermin and thus the rest of the co-accused cannot be held liable for the said death.

XII

The contention of Ando is deviod of merit. Under the Principle of Generality, criminal laws are obligatory to all person who are sojourn to the Philippines and thus the same are applicable to all regardless of nationality. Under the law, the crimes committed inside a foreign ship passing through the internal waters of the Philippines are punishable under the Philippine laws except if the same only affects the internal procedure of the ship.

XIII

Yes. The criminal act penalized by the the crime of Estafa is the act of swindling while the act probited by B.P. 22 is the mere act of issuing unfunded checks. Hence, they can be prosecuted separately.

XIV

It is submitted that the DEla committed the crime of Estafa as she fraudulently pretended that she is authorized to recruit OFWs to be deployed abroad. As a result damage was caused to Nita in the amount of P120,000.00.

b. The crime committed is Large Scale Illegal Recruitment. This is so because of the promise of deployment abroad despite the patent lack of authority to recruit.

cyrus Tingcang

Dexter Kim Patron

2020-11-10

Email: dpatron2005@yahoo.com

Class: Political Law Review

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1760

Dexter Kim Patron

a) Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). Deceit is committed when the act performed with deliberate intent and there is fault when the wrongful act done results from imprudence, negligence, lack of foresight or lack of skill.

b. aberratio ictus means that the person committing the felony, the wrongful act done is different from what he intends.

II.

Ex post facto law makes an act illegal when it was legal when committed or change the penalty of the offense after it was committed unless when it is favorable to the accused or change the nature of rules unless it would be beneficial to teh accused while the Bill of attainder is a law which punishes a crime without teh judicial proceedings.

III.

a) NO, the RTC should nor grant the Motion to dismiss the case.

The Supreme Court has always reiterated that only civil indemnity will be extinguished if the accused/convicted person dies but the actual damages will be paid from his estate.

In the case at bar, Mr. Tiburcio was convicted in the RTC and was sustained by the CA in which the entry of judgment will take place but he died.

Therefore, the estate of teh late Tiburcio willl pay the actual damages imposed by the court.

b) The answer would still remain the same.

a) Procopio committed Parricide.

The Criminal Law states that any person who shall kill his spouse shall be guilty of parricide. His killing of Bionci does not qualify death under exceptional circumstances wherein teh law states that any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person shall kill any or both of them in teh act or immediately thereafter.

Procopio surprise Bionci and Magna making love. However both are women who could not perform the sexual intercourse as contemplated by teh maker of the law.

Therefore, Procopio committed parricide but can claim mitigating circumstance available to him.

b) The answer would still be the same as the law does not distuinguished whether it is a legally married or common-law spouse.

a) NO, Talia cannot invoke the Battered Women Syndrome.

The law provide that in order for the battered woman can effectively claim teh BWS the 3 phases must be present, 1. teh tension-building phase, 2. acute battering incident, 3. tranquil, loving phase. No less than the Supreme Court said that at least there should be 2 cycles.

In that instant case, Talia was verbally abused and beaten by her spouse Dion and on teh next day Dion seing teh injury of Talia promised her not to drink again. Unfortunately, on teh time of his demise, Dion was drunk and started to verbally abused Talia and afraid that she might be beaten again she stabbed Dion. There was only 1 cycle of the BWS phases in the series of events.

Therefore, she copuld not invoke the defense of battered Women Syndrome.

b)Still the 2 cycle must be complete since the SC pronounced it that at least 2 cycles must be completed.

VI.

a) I will explain that absolute pardon is given to convicted persons by teh president and it will erase the perfomance of the penalty however it does not erase the the crime committed. Absolute pardon if stated could mean that the civil rights including teh political rights has been restored and he can run for election.

b) According to the Philippine constitution amnesty is granted to person who has not yet convicted of the crime charged with the concurrence of all the majority of Congress and granting such to teh person would mean earasing all its past infraction and to begin as new. In the situation, what is applicable is pardon.

VII.

a) If I were the Judge, I would grant the Motion to Quash because the

VIII.

a)Mayor Maawain committed Illegal use of public funds or property.

The Criminal Law provides that any public officer who shall apply any public funds or property under his adminstration to any public use other than for which it is intended or appropriated by law or ordinance.

When Mayor Maawain upon knowing that the victimes will stop the construction to find another income generating work in order to feed their family, approved teh withdrawal of ten boxes of food inteded by their Municipality's feeding program. He misappropriated the property of the LGU.

Mayor Maawain committed Illegal use of public property or commonly known as Technical Malversation.

b) Mayor Maawain could not set up the defense of GOOD FAITH.

The Supreme Court held that the act is a malum Prohibitum and doing it is already punishable.

IX.

a) Honesto committed a complex crime of Murder and slight Physical Injury .

The Criminal Law provides that any person who kills another with the attendance of treachery or a method or means used to secure the accomplishment of the contemplated crime without being harmed or retaliated by the offended party.

However during the commision of the murder, it was found out that the person killed was not the his wife Wilma his inteded victim but Melba and the Supreme Court states that the doctrine of Aberatio Ictus which imposes criminal liability for the acts committed in violation of the law and for all its natural and logical consequences resulting therefrom.

Honesto is laible to teh death of Melba.

While during the commisssion of teh effense, the same bullet was able to hit a by-stander whho needs medical attendance of atleast 2 days thus he is guilty of a complex crime of Murder with slight physical injury.

b) It would be a complex crime of murder with serious physical injury.

XI.

The Criminal Law provides that conspiracy exist when 2 or more persons come to an agreement to commit a crime and decide to commit it.

In the instant case Nel, Ben, Ardo and Gorio agreed to take valuables in teh house of Elgar and they executed their plan. They only committed theft because there was no breaking of doors nor lockets as it was left opened so the elements of robbery is lacking.

While the killing of Fermin, only Nel is accountable as the conspiracy ended after the taking of teh valuables and it could not also be complexed with robbery nor theft as teh killing is not indispensable to teh taking of the valuables as it was already executed.

Nel is the only person liable for homicide.

XII.

Ando's contention is ot tenable.

The criminal law provides that the code is enforced not only in the Philippine Archipelago, including its atmosphere, its interuior waters and maritime zone ....

The boat is still within teh maritime zone of teh Philippines when he killed his mortal enemy Lason.

Therefore he is under teh juurisdiction of teh Philippine Laws.

XIII.

Yes it will prosper,

Any perosn misappropriating to teh prejudice of another money, goods received by teh offender in trust under the obligation or duty to make a delivery shall be liable for estafa or swindling.

The mere return of the check by reason of insufficient fund would aleady constitute violation of BP 22.

Dora gave to Elen pieces of jewelry to sell and return teh proceeds and teh unsold jewelry. When Dora demanded teh return Elen failed instead she gave teh check which evenntually bounces.

The charges will prosper.

XIV

a) Dela committed simple illegal recuitment as she has no authority nor license to operate in hiring for emoloyement.

b) Dela now committed large scale illegal recruitment since the recruits is already more than 3 as what the labor law provides.

XV.

Dancio committed

XVI.

Mayor Abral committed falsefication of public documents since on the document he signed there is a statement that he solemnize the marriage when in fact it was another person.

Donato dis not commit any crime as there was no usurpation of authority as it was of public knowledge that he is just an employee who acts as directed by teh mayor to solemnize.

XVII

a) Higino committed double parricide because of teh killing of his wife and teh unborn child.

The law provides that when a person killed his spouse, ascendants, descendants... shall be liable for parricide.

An unborn child with intrauterine life of less than 7months and survived after 24 hours upon delivery shall be considered as a person.

When Higino accidentally killed his wife and unborn child of which teh latter survived after delivery for 36 hours then he is guilty og double parricide.

b) yes the answer would only by parricide.

XVIII

Lito being more tahn 15 but less than 18 has criminal liability. the mere fact that he hid and waited for brutus to alone to execute the crime is a clear manifestationof his intent to kill and made sure that no witness could pinpoint. He is still guilty of murder.

XIX.

a) He committed theft, an unlawful taking of things with out teh consent of teh owner with intent to gain but without resorting to violence, intimidation of person or force upon things.

b) The Chief of Police appropriated private property for his personal gain.

XX.

Senio committed attempted Arson. Pouring of Gasoline, a fuel to start the fire which would constitute arson. There is an attempt whe the offender commences the commissionof the felony directly by overt act and does not perform all teh act of execution which would produce teh felony by reason of some cause other than his own spontaneous desistance.

Senio started the felony by pouring the gasoline and in time teh police caught him. and he was stopped other than his own spontaneous desistance.

XXI.

a) Hector can charged Wendy with Adultery because the law provides that adultery can be coimmitted by a woman who have sex with other man other than her husband.

Wendy is a man who had sex reassignment but does not qualified her to be a woman who had sex with aAriel which is not her husband.

Hector cannot charge Wendy of adultery.

XXII.

Qualified rape is committed when teh victim is less than 18 years old and was committed by the parent, ascendants, step father, guardian, relative by affinity or consanguinity within the 3rd ciivil degree or teh common law spouse of teh paarent of the victim.

The crime committed is qualified rape because the victim is below 18 years old and the offender is the common law spouse of her mother.

Therfore, Charlie is guilty with qualified rape.

Dexter Kim Patron

eduardo luayon

2020-11-10

Email: eduardomluayon@gmail.com

Class: Crim Law review

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1212

a. Felonies are committed by means of dolo ( deceit) or culpa (mistake). Dolo is performed with deliberate intent while in culpa, the wrongful acts results from negligence, imprudence, lack of foresight or skill.

b. Aberratio ictus refers to mistake in blow resulting to harm not to the intended person but to another person .

II.

Ex post facto law refer to laws which are given retroactive application to the prejudice of the accused while bill of attainder imposes penalty without the benefit of trial.

III

a. Yes, the RTC should grant the motion to dismiss, the fact that Tiburcio's death extinguished his criminal liability.

b. No, it will not qualify the stage for the extinguishment of criminal liability in case of death of the accused unlike that of civil liability. If tiburcio's death occurred pending appeal, still his criminal and civil liability shall be extinguished.

a. Procopio committed Parricide by killing her spouse. Death under Exceptional Circumstances could not be charged the that fact that the two women could not possibly perform sexual intercourse. The case was attended by mitigating circumstance of obfuscation and passion.

b. My answer will not be the same. In that case, he will be liable for Homicide qualified with passion and obfuscation as mitigating circumstances.

a. No, Talia can not invoke the Battered Woman Syndrome to avoid criminal liability of killing her husband. At least two cycles of violence must be present to invoke such defense. In the case at bar, only one cycle of violence is present.

b. Talia may invoked the Battered woman Syndrome if the third phase is present. The syndrome may be succesfully invoked it there's at least two cycles of violence followed by tranquil period. After which talia killing her husband would be justified.

VI.

a. I would advice Adamos that he could not run for senate the fact that his Pardon did not specifically state that his right to hold public office was restored.

b. My answer will not be the same for Amnesty totally eliminates the last vestige of the crime as if he had committed no offense, so therefore he can run for senate.

VII

a. No, taylors motion to quash the warrant of arrest should not be granted since he is not yet convicted by final judgement hence prescription will not apply.

b. Yes, answer will the same. The ruling is the same the factthat period of prescription of penalties has not yet commenced because there was yet no service of sentence.

VIII

a. Since the mayor transferred funds from one program to another program which was created by law or ordinance, technical malversation was committed.

b. The mayor could not invoked the defense of good faith.

a.Emilo may profer the defense that he was instigated by PDEA agents to commit the crime and this will constitute an absolutory cause.

b. Rado could not adopt Emilo's defense of instigation. in the case at bar, it was quite clear that Rado committed a violation of Comprehensive Dangerous Drugs act thru selling of drugs.

a.Honesto committed Homicide for the death of Melba . Slight physical injury for the passerby.

b. Serious Physical Injuries

They are all criminally liable for theft for it was committed without the elements of violence or intimidation upon person or with force upon things. Nel is also liable for Homicide.

XII

The claims of ando is untenable. Ando could be prosecuted in Manila applying the revised penal code since the crime is committed within Philippine territory.

XIII

YES, the charges against Elen will prosper. The elements of estafa such as deceit following the issuance of postdated checks which have insufficient funds thereby producing damage to the payee. On the other hand elements of BP22 were also established such as the drewing of Ellen of checks with the knowlegde that she dont have enough funds and the same were subsequently dishonored by the drawee bank.

XIV

a. Dela committed the crime of Illegal recruitment and Estafa. Illegal recruitment is committed when Dela , an unlicensed recruiter, collected money and promised to deploy Nita abroad for employment but failed.

b. The answer would be different. The promise to celia, digna, emma and Nita by Dela, an unlicense recruiter for employment abroad for monetary consideration constitued the crime of d Illegal recruitment in Large scale.

EDRI could be charged with infidelity in the Custody of Prisoners under the Revised Penal Code. Due to edri's negligence Brusco was able to sneak in a pistol inside the jail, which was later on used by Dancio in his escape. Dancio is only a detainee and not yet a convicted felon, hence no crime is committed.

XVI

The mayor committed the crime of falsification for making it to appear that he was the one solemnizing the marriage of Erwin and Bea when in fact he did not.

While Donato could be charged with Usurpation of Authority under the Revised Penal Code. He performed the role of the Mayor as the solemnizing officer when in fact he is not authorized to do so.

XVII

a. Higino committed the crime of complex crime Parricide with Infanticide. He puched Aika causing her to fall hitting her head on the floor thereby causing her death. As to the death of the child who was deemed born since the age of gestation is almost 7 months, higino is liable for infanticide.

b. It would be a different charged of Complex crime of Parricide with Unintentional Abortion. For killing his wife, he is charged with Parricide under the Revised Penal Code. Abortion was also committed unintentionally. Hence a complex crime under Article 48 was committed.

XVIII

If Lito acted with discernment then he is liable for Murder with attendant qualifying circumstance of trachery. Otherwise if it could be proven that he acted without discernment Lito being a 15 year old,is not liable for the death of Brutus.

XIX

a. Bruno committed the crime of theft; elements of thief are present such as intent to gain for he took the money without the intention of returning it to the real owner.

b. Since the chief police misappropriated the money found or turned over by Bruno to his own benefit, he (police) could be charged with Malversation.

Senio committed the crime of Attempted Arson. He had performed overt acts intending to burn the house of Bal but failed to accomplish the crime of arson other than his own willful desistance. If not for the timely arrival of the police, senio could have consummated the crime of Arson.

XXI

a. Hectors charge will not prosper since under the law adultery is committed by a married woman having sexual intercourse with a man other than his legal husband and by the man who has carnal knowledge of her knowing her to be married. In the case at bar, wendy is not a woman but a man at birth; he became a woman following surgery, therefore he could not be charged with Adultery.

b. Impossible crime refers to a crime committed by any person performing an act which would be an offense against persons or property, were it not for its inherent impossibility of its accomplishment or on account of the employment of inadequate means.

eduardo luayon

ferdinand solas

2020-11-10

Email: ferdinandsolas55@gmail.com

Class: crim. law

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1519

Felonies are committed by means of deceit or by fault. In intentional felonies, the is performed or the omission is incurred with deliberate intent or malice to do an injury. On the other hand, culpable felonies are performed without malice.

The elements of intentional felonies are freedom, intelligence and criminal intent. While freedom, intelligence and negligence, imprudence, lack of foresight, or lack of skill are the elements of culpable felonies.

Aberratio ictus or mistake in the blow is committed when an offender attacks another but because due to the mistake in theexecution of the attack, another person, whom the offender has no intention to injure, suffers said attack. Article 48 of the RPC applies in this case.

Pursuant to these doctrine, it impose criminal liability for the acts done inviolation of the law and for all the natural, logical consequence resulting from such act.

As to effect. A Bill of Attainder inflicts punishment without trial, while Ex Post Facto Law inflicts punishment after trial.

As to its characteristics or essence. A bill of attainder subtitutes a legislative fiat for a judicial determination of guilt. Whereas in ex post facto law, the determination of guilt is still lodged with the judiciary.

Both are prejudicial to the accused and prohibited by the Constitution.

III

Yes, the RTC should grant the motion to dismiss.

The RPC provides that criminal liability is extinguised upon the death of the accused at any stage of the procceding.

Here, the judgement against Tiburcio is still to be executed. Considering that execution is no longer possible due to Tiburcio's death, his criminal liability has been extinguised. As such, the motion to dismiss should be granted.

No. The RPC states that the death of the accused at any stage of the proceeding extinguishes criminal liability.

Here, the accused died while the case is pending on appeal which is a part of the proceeding. Thus, the motion to dismiss should still be granted

Procopio committed the crime of Parricide.

The RPC provides that any person who shall kill, among others, his or her spouse shall be guilty of parricide.

Procopio shall be entitled to the mitigating circumtance of passion and obfuscation.

The RPC provides that passion and obfuscation shall be appreciated when there be an act, which is sufficient to produce such passion in the mind and such act was not far removed from the commission of the crime by considerable lenght of time.

Here, the act of Procopio's wife of making love with a woman inside their room is an act sufficient to produce obfuscation and said act was not far from the commission of the crime since Procopio immediately grabbed a knife upon seeing them. For these reasons, Procopio committed the crime of Parricide but shall be entitled to the mitigating circumtance of passion and obfuscation.

No. One essential element of Parricide is that the deceased is the legitimate spouse of the accused.

Considering that relationship of the offender with the victim is an essential element, Procopio cannot be held criminally liable for Parricide, instead he will be liable with Homicide and still be entitled to the mitigating circumstance of passion and obfuscation.

Yes, Thalia can successfully invoked the defense of Battered Woman Syndrome.

Under the said syndrome, the wife shall undergo the following phases of violence, namely, tension building stage, followed by acute battering stage, and lastly tranquil loving stage, which are all present in the given case

Hence, Thalia can invoked the defense of Battered Woman Syndrome.

Yes, provided that all the required phases are present.

VI.

I will advise Adamus that it is not possible for him to run for Senator.

Pardon does not restore the rights to hold public office unless expressly granted in the pardon. Absent any restoration of such right in the terms of the pardon, he cannot run for the Senate or in any public position.

No, my answer will not be the same.

Amnesty, as a blanket pardon totally obliterates the offense which he is charged, as if the person granted amnesty committed no offense. Thus, Adamos may now qualified to run for the Senate.

VII

No, as Judge I would not grant the Motion to Quash.

The Law provides that prescription of penalties applies only to those who by final judgement was convicted and commence serving sentence.

Here, Taylor never served his sentence since he escaped before serving the same. Considering that he was not able to serve sentence, the prescriptive period of his sentence has not yet commence to run, thus the penalty imposed against him had not prescribed.

Consequently, the motion to quash should be denied.

Yes my answer will be the same for the same reason that there was no service of sentence, and for failure to commence serving sentence, the prescription of penalties has not been able to commence.

VIII

Mayor Maawain committed the crime of Technical Malversation.

Under the RPC, Technical Malversation is committed when a public official shall apply any public funds or property of which he is accountable, to any public use other than for which such fund or property were appropriated by law.

In this case, the properties involved are for the feeding program which were diverted by the Mayor by giving it to the families of the beneficiaries of the shelter assistance program. Such act contitutes Technical Malversation.

No, the Mayor may not invoke the defence of good faith. Being a malum prohibitum, malice is not an element, it is sufficient that intent to perperate the act is present in order to convict the Mayor.

Ernilo may invoke the defense of instigation.

In instigation, officers of the law lured the accused in the commission of the crime in order to prosecute him.

Here, Ernilo was lured by SPO3 Relio an officer of the law being a PDEA agent to pose as a poseur buyer and by doing so was eventually arrested with the target pusher.

Thus, instigation may be well appreciated as a defense.

No, Rado may not adopt Ernilo's defense as his own since what was tranpired on his case was an entraptment.

In entraptment, means, methods and forms were used by authorities to capture a criminal.

Here, a buy bust operation took place, wherein Ernilo was used as a poseur buyer and such buy bust was used as a means leading to the capture of Rado.

Thus, Rado may not adopt Ernilo's defense as his own.

Honesto is liable for Murder for killing Melba and Slight Physical Injury for the passerby.

The RPC provides that criminal liability is incurred by any person committing a felony although the wrongful act done be different from that which he intended.

Here, treachery is present that would qualify the crime to murder.

There is treachery when means,methods or forms were used by the acccused to ensure the execution of the crime, without risk to himself from the defense the offended party might make.

The act of Honesto of waiting his would be victim at night and wearing dark clothes for him not to be seen are indication that he intentionally adopted this means to ensure the execution of his intended wrongful act without risk from the defense the victim might make.

Honesto is also liable for slight physical injuries for the wound suffered by the passerby, pursuant to the principle of aberratio ictus, he is liable for the direct and logical consequence of his acts.

No, my answer will be change to a separate crime of murder and serious physical injury

Under the law, Serious Physical Injury is committed when the victim has been deprived of his sense of sight, considering that the passerby lost his left eye, the crime committed against him is serious physical injury.

Nel is liable for the separate crime of homicide and theft, while his companions are liable for the crime of theft.

Under the RPC, theft is committed by any person who withintent to gain but without violence or intimidation shall take the personal property of another without the latters consent.

Under the same Code, Homicide is the killing of a person, which is not parricide, murder or infanticide.

Here, there was taking of money, jewelry and other valuables without force or violence since at the time of the taking the house door,rooms and drawers were unlocked and there was no one around.

The killing of the victim is homicide absent any circumtance that would qualify the killing into parricide, infanticide or murder.

XII

Ardo's contentions are untenable.

Under the principle of territoriality penal laws of the Philippines are enforceable within its territory.

Since the killing of Lason took place within our territory considering that only a few moments the vessel left Manila, our penal laws may be enforced against Ardo.

Likewise, his argument that he could not be prosecuted because the ship is Malaysian registered is devoid with merits. Such contention is applicable only when the crime was committed in the high seas not within the Philippine territory.

XIII

ferdinand solas

Florencio Saministrado Rr.

2020-11-10

Email: saministradojrflorencio@gmail.com

Class: Political Law

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1651

Felonies are committed either by means of deceit or fault. Their is deceit when the act is done with deliberate intent. The act committed would be fault if the act result from the wrongful with lack of intellegence, lack of skill or foresight.

Aberratio ictus is a mistake as to the identity of the blow to the intended victim.

An ex post facto law pertains to a legislative act which makes the person liable for an act done in which by the time it was committed were not yet punishable, while a bill of attainder refers to the legislative act which punishes a person without trial, which pertains to the judiciary.

III

The Regional Trial Court should grant the motion to dismiss because the law provides that death of the accused extinguishes his criminal liability besides it would impossible for Tiburcio to serve his sentence due to his demise.

No, my answer would still be the same, the law provides that at any stage of the proceedings or before entry of judgement the case should be dismiss if the death of the accused supervenes, as in this case.

Procopio is liable for Parricide, it is committed when the husband killed his wife. In this case Procopio killed his wife Bionci out of rage brought about by his passion and obfuscation which would mitigate his criminal liabiity.

Absent validity or legality of their marriage the crime committed by Procopio is homicide, with the mitigating circumstances of passion and obfuscation.

The defense of battered woman syndrome can be invoke only if the beating cycle or the circumstances occurs twice and in each cycle the following were present: a. Tension building, b. Acute bettering stage and c. tranquil stage. In the case at bar, the beating failed to to accomplice the the second and third stage in the second beating, hence Talia could not invoke battered woman syndrome.

For Talia to invoke battered woman syndrome the beating cycle must occur twice and in each of those cycle those three stage mentioned must all be present at every cycle, if she killed Dion after being beaten, the third stage did not not occur, which is the tranquil stage where there is peace and the husband would regret all the things he had done to his wife and ask for forgiveness, which of course he would not make good use of such promise. Therefore my answer would still be the same.

VI.

I will adivice him that he could not run for senator because a pardon granted by the President looks forward and the accused is absolved from his criminal liability, but for him to be able to run for senator the absolute pardon granted to him must clearly provide for it, which it does not provide so in this case.

My answer would not be the same, because amnesty looks back and it is as if the accused did not commit any crime at all, hence he could run for senator.

VII.

If i were the judge I would not grant the motion to quash filed by Taylor because his sentence had never prescribed, for prescription of penalty apply only to those who were sentenced by final judgement and serving sentence and had escape from prison, which Taylor did not, in this case.

My answer will still be the same because it does not matter what country did Taylor went for the fact remains that he did not serve his sentence instead he eveded the service of his sentence hence prescription of penalty did not start in this case.

VIII

Mayor Maawain committed Technical Malversation, which provides that it is committed when the property or fund appropriated for a particular purpose were not spent for such purposes. In the case at bar, The fund were pertaining to feeding program and shelter were not spent for such purposes, hence he is liable.

Being a crime malum prohibitum good faith is not a defense for intent is not an element of the crime committed, hence his defense of good faith not prosper.

IX.

Emilo my invoke the defense of instigation because it was SPO3 Relio who convince him to act as poseur buyer which he refused at first but through the instigation of SPO3 Relio he agreed to it.

Rado cannot adopt the defense of emilo because he was the one who in possession of the prohibited item and he was the target of the operation, besides the instigation is a personal defense and cannot be invoke by Rado.

Honesto is liable for homicide and less serious physical injury, it cannot be complex crime because in complex crime the crimes committed are grave or less grave felony. In this case the crime of less serious physical injury does not fall under it.

My answer will not be the same, this time the crime committed is complex crime of homicide and slight physical injury, for the loss of one eye.

They are liable for Theft, the law provides that when the taking of the property the accused did not used violence and intimidation upon person or force upon things then the crime committed is theft, as in this case, while Nel alone is liable for homicide for the death of Fermin.

XII.

Ando is liable for the crime committed, because the vessel is still within the territorial waters of the Philippines then Philippine law will apply regardless of the registry of the ship for the law provides that Philippine law applies to all even to those sojourning in the country and the ship had just left the port of manila, clearly within our territorial waters.

XIII

Yes the charges agains Elen will prosper because the element of damage in estafa is not an element in BP. 22 being a special law. The act of Elen in issuing checks knowing it to have insufficient fund violates the BP. 22, while Dora suffered damages when Elen did not return the jewelry to the proceeds thereof.

XIV

Dela is liable for estafa and illegal recruitment, being a special law intent is not an element and estafa because Nita would not have parted with her money had it not been by the false pretense of Dela, hence Nita suffered damages because of it.

Dela is liable for large scale illegal recruitment in promising to deploy abroad at least 3 persons which she failed to do and the same tantamount to economic sabotage. In this case Dela promise to deploy abroad Celia, Digna, Emma and Nita.

XV.

Dancio being a detainee did not commit a crime, while Brusco is liable for obstruction of justice because he aid and prevented justice from being serve. Edri on the other hand could be held liable for derilection of duty for his failure to comply with his duty dilegently.

XVI.

Mayor Abral is liable for falsification of document because he was not present during the wedding therefore he was not the one who solemnized the wedding as he only signed the marriage contract where it appears that he was the one who solemnized it where in fact it was not, while Donato is liable for usurpation of power, because the authority to solemnized wedding is only the mayor and not him.

XVII

Higino is liable for parricide and infanticide because he killed his wife and the child was alived for more than 24 hours those he attained personality.

Higino is liable for complex crime of parricide and unitentional abortion because the wife is pregnant and the single act results from grave and less grave felonies.

XVIII

Lito is liable for homicide, the law provides that children below 18 years old and above 15 years old is liable for his criminal act if he acted with decernment. In the case at bar, Lito is 15 years and 1 days therefore he is liable and clearly he acted with decernment for his act of getting the pistol of his father and waited for the abandoned building and waited for a perfect timing to execute his crime.

XIX

Bruno is liable for theft because he is not the owner of the money the law provides that he should turn it over to authorities otherwise he is liable for theft.

The Chief of Police is liable for malversation, since the law provides that malversation is committed when an private property or money is in the hands of authority and appropriated it for his personnal gain. In the case at bar, the Chief of Police used the money for his own benefit, hence he is liable for malversation.

XX.

Senio is liable for attempted arson, the crime is attempted when the accused executed all acts necessary to commit the crime but nevertheless he was not able to do so by his own spontaneous disistance independent of his will, as in this case when he was caught in the act of pouring gasoline.

XXI

The case of adultery will not prosper because the crime of adultery presupposes that they are husband and wife, that is between male and female, in this case wendy is male therefore adultery will not prosper.

Impossible crime refer to act committed by the accused which is impossible or does not exist because either he owns the property or there are supervening event that interfer in the commission of the crime. In the case at bar it is not possible because impossible crime applies only to crime against person and property , the crime here is against chastity.

XXII

The crime is committed is qualified rape because Charlie is the live-in partner of his mother BBB, therefore they live in one house, and the trust vested in him is far greater being the live-in partner of AAA.

Florencio Saministrado Rr.

Frilin Lomosad

2020-11-10

Email: lomosadfrilinm@gmail.com

Class: Criminal Law Review

Teacher: Judge Ric S. Bastasa

quiz in criminal law nov 5 2020

Word count: 2437

a. Felonies are committed in two ways: (1) deceit and (2) Fault. Deceit or Dolo is present when an act or ommission is committed with deliberate intent. While there is fault or culpa when the act results from negligence, lack of foresight of lack of skills.

b. Aberratio Ictus otherwise known as error in the victim of the blow. It occurs when the offender intends to cause injury to a certain person, however the injury occurs to another person.

II.

Ex post facto law is a penal law which makes an act a crime when it is not at the time it was committed. It is a law which gives retroactive effect to its application thereby prejudicing the right of the accused. While Bill of Attainder provides for the imposition of sentence or penalty without providing or having to perform any trial.

III.

a. Yes, the RTC should grant the Motion to Dismiss filed. Upon the death of Tiburcio, the accused in the case, it also extinguishes the criminal liability. It is because, the judgment would be useless as the person to serve the sentence is already dead.

b. No, my answer would be the same. When the case was pending on appeal. it follows that the judgement of the lower court is not yet final and executory. Hence, both the criminal and civil liability would be extinguished.

IV.

a. Procopio committed the crime of Parricide. The RPC provides that when a person killed his or her spoused he or she shall be liable for the crime of Parricide. Since, Bionci is his legal wife that he killed, then he is guilty of Parricide.

b. No, my answer will not be the same. For a person to be guilty of Parricide, the relationship of the offender and the victim must be valid and legitimate. Since, common-law spouses is not recognized in the Philippines, hence, their relationship is not valid. Therefore, Procopio shall be guilty of the crime of Homicide.

a. No, the defense of Battered Woman Syndrome cannot be validly invoked by Talia. Battered Woman Syndrome to be a valid defense requires the occurrence of two cycles of violence. This cycle includes the phase of verbal abuse, to physical abuse and afterwards the offender would tend to ask forgiveness from the victim. This cycle must at least occur twice. In the case at bar, the second cycle was not completed.

b. Yes, my answer would still be the same. For a cycle to be considered complete, it must reach to the stage that the offender should ask for the forgiveness of the victim and tend to show love again towards the victim. If in the case, she killed the husband after she was beaten up the second time, it would still not be enough to qualify to the defense of Battered Woman Syndrome.

VI.

a. I would advice Adamos that he could still not run for senator. Pardon only forgives the punishment of the crime. It only relieves the offender from the consequences of the crime he had commited, but it does not take away the fact that he committed the crime of plunder. Thus, it does not restore him all the qualifcations to hold a public office as required by law.

b. No, my answer would not be the same. Amnesty is different fom pardon. Amnesty looks backward. The grant of Amnesty restore the offender as to its status before he committed the crime. It is as if he had not committed the crime of rebellion in the case at bar. Hence, I would now advice him that he is qualified to run for senator.

VII.

a. No, I would not grant the Motion to Quash filed by Taylor in the case at bar. His allegation that the penalty has already prescribed is untenable. As provided by law, the period of prescription would only run the moment the accused had begin to serve sentence or that he is deprived of his liberty. In the case, Taylor had never been deprived of such liberty.

b. Yes, my answer would still be the same. The period of prescription did not commence as the offender in the case did not serve his sentence.

VIII.

a. Mayor Maawain commit the crime of Malversation. The law provides that it shall be unlawful for a public official to use a public fund or property for a purpose other that for which it is intended in the law. In the case, the Mayor approved the withdrawal of the food which was intended for the feeding program to be given to the shelter assistance program instead, which is a clear violation of the law.

b. No, the defense of good faith is not tenable. In the offense of Malversation the intent is not an element. In a catena of cases, it was held that the crime of Malversation is classified as a malum prohibitum, hence the criminal intent of the offender is not required to be guilty of such crime.

IX.

a. Emilo, may raise the defense the fact that he was instigated by SPO3 Relio to buy drugs from Rado. There is instigation when a law enforcer or public officer would convince him to commit a crime and would afterwards arrest him for committing a crime.

b. No, Rado could not raise the defense of Instigation as reaised by Emilo. The former is in a very different situation as compared to the latter. The act commited by Rado which is the selling of shabu is a clear violation of the law and no public officer convinced him of doing the same.

a. Honesto commited the crime of Homicide for the death of Melba and the crime of Slight Physical Injuiries for the harm suffered by the passerby. It was a case of Error in personae or mistake in identity. In this case, the offender should be liable for the consequences of the crime he commited.

b. No, my answer would not be the same. Honesto would now be guilty of the complex crime of Homicide with Serious Physical Injuries. Complex crime is commited when the single act committed causes a two or more grave or less grave felonies. There is no question that homicide is a grave felony. In the case, when the injury caused to the passerby is an injury on his eye which cause his blindness, no longer qualified as slight physical injury. Hence, it would now qualify as a complex crime.

XI.

Nel, Ben, Ardo and Gorio shall be all guilty of the crime of Theft. However, it shall be only Nel that should be criminally liable for homicide.

As provided for in the law, Theft is commited when there is an unlawful taking of properties belonging to another with an intent to gain. In the case, such elements are all present. On the crime of Homicide, it was only Nel who shall be liable because he is the only one who killed Fermin. The killing of Fermin is not also included in their agreement, hence there is no conspiracy with the other offenders in the case.

XII.

The allegations of Ando are without merit.The law provides that penal laws shall be obligatory upon all who live or sojourn in the Philippine territory.

In the case, the crime was commited just few moments after the vessel left the port of Manila, hence, it can be gleaned from the facts that it is still within the Philippine territory which our penal law will apply. The defense that Ando and the victim are both Indonesians is not valid because under the law our penal law will govern as long as the crime was committed within the territory of the Philippines regardless of the citizenship of the offender. The second defense that the vote would also not prosper as it is applicable only when the crime was committed in the high seas.

XIII.

Yes, the charges against Elen for estafa and violation of BP 22 will prosper.

It is a well settled rule that a single criminal act may give rise to a multiplicity offenses as long as the elements of the crimes so charged are all present in the case. Violation of BP 22 could arise when the offender will issue a check knowing that his funds would no longer be enough to cover the same and it was subsequently dishonored by the bank upon presentment. The crime of estafa will be commited when there is a deceit involved to acquire the trust of the victim and the latter suffers damage by reason of such deceit.

In the case at bar, the charge of estafa will not bar the charging of violation of BP 22. As long as all the elements of the crime are present, she could be convicted of both crimes and it would not constitute a double jeopardy.

XIV.

a. Dela committed the crimes of estafa and illegal recruitment. The fact that Dela misrepresented herself to have the capacity to recruit Nita and subsequently collects money from the latter, there is a presumption of deceit on the part of Dela. The mere recruitment without the capacity or without the license to recruit can already be a crime of illegal recruitment. The filing of one would not bar the filing of the other.

b. No, my answer would not be the same. The crimes committed will be estafa and illegal recruitment in a large scale.

Illegal recruitment is considered to be in large scale when such recruitment is with three or more persons. In the case, Dela recruited four persons. It is not necessary that the person whom the recruiter promised employment abroad to accede with the latter. The mere misrepresentation is already a crime.

XV.

Dancio did not commit any crime. He could not be liable for the crime of Evasion of Sentence as he was only a detention prisoner which is not yet serving a sentence.

Brusco, who facilitated the escape of Dancio shall be liable for Obstruction of justice as provided in the law.

Edri, the guard shall be liable for his negligence in the performance of his function as the jail guard.

XVI.

Mayor Abral is liable for the crime of Falsification. Mayor Abral made it appear that he was the one who solemnized the marriage of Erwin and Bea which in fact he was not the one.

Donato shall be liable for the crime of Usurpation of Official Function. Donato as the cheif of staff does not have the authority to solemnize marriage. It is unlawful for him to represent himself to have the authority and actually solemnized a marriage without such authority.

XVII.

a. Higino commited the complex crime of Parricide with Infanticide.

Complex crime is commited when a single act resulted to two or more grave or less grave felonies. Parricide is commited upon the death his wife Aika. He shall also be liable upon the death of his child which was born within 36 hours from its complete delivery of the mother`s womb. The child was completely born as contemplated by the law as when even it has an intra-uterine life of less than seven months, it is alive atleast within 24 hours from its complete delivery from its mother`s womb. Hence, the crime of Infantide was also committed.

b. The crime would be complex crime of Parricide with Unintentional Abortion.

Aika is the legal wife of Higino. The death of the child could only be considered as abortion because it was not born as contemplated in the law.

XVIII.

Lito committed the crime of Murder. Murder was committed when there is treachery involved upon the killing of the victim. It is clear in the case that Brutus was not able to defend himself. The killing also was planned in a way that Lito knew where Brutus would usually hung out and the former patiently waited for the latter in the said place. When a crime is committed by a child whose age is above 15 but below 18, it would depend as to whether the accused committed the crime with or without discernment.

XIX.

a. Bruno committed the crime of Theft. As provided in the law, the crime of Theft could also be committed when you failed to deliver the thing found into the right authorities.

b. The chief of police committed the crime of malversation. The crime of malversation is commited when a public fund or property was used in a purspose other than that which it was intended. In the case at bar, the money was turned over to have its custody tthereof. Such money is not for the benefit of the chief of police or to anyone therein.

XX.

Senio committed the crime of Attempted Arson. The crime can be considered as attempted when the offender commences the commission of the crime, however he was not able to perform all the necessary acts for its complete execution by reason which are beyond his control. In the case, Senio had already poured the gasoline around the walls of the house, however he was not able to lit it because the police had already arrived.

XXI.

a. No, the crime of adultery charged against Wendy and Ariel will not prosper. The important element for the crime of Adultery is that it must be commited by a married woman who has a carnal knowledge with another man other than her husband. In the case, Wendy is not even a woman to begin with. Sex change is not also recognized in the Philippines as would validly change the gender of a person. Hence, such element of the crime of adultery is not present.

b. Imppossible crime is present when despite the execution of all the necessary acts for the commission of a felony, it could not be executed by reason that it is inherently impossible to accomplish the crime. No, there is no impossible crime in the case of Adultery.

XXII.

I will dismiss the appeal of Charlie, reverse the decision of the Court of Appeals and affirm the decision of the lower court. Under the law, crime of Rape is qualified when the victim is under the age of 18 and the offender is the parent, step parent or common-law spouse of the parent of the victim.

AAA was only 14 years old at the time the crime of rape was commited. It was also committed by the live-in partner her mother which can be considered as a common-law spouse because her father was already dead at that time. Hence, the ruling of the RTC was correct.

Frilin Lomosad

Immanuel Granada

2020-11-10

Email: Giwu8686@gmail.com

Class: Criminal Law Review

Teacher: Judge Ric S. Bastasa

quiz in criminal law nov 5 2020

Word count: 2085

a.) Felonies are committed either by deceit (dolo) or fault (culpa). There is deceit if the act is performed with deliberate intent. There is fault if the act is the result of imprudence, negligence, lack of foresight, or lack of skills.

b. Aberratio ictus is a mistake in the victim of the blow. The offender intends to injure the person but it is the other person that is injured.

II. Ex post facto law makes the act lawful when such act is lawful at the time of its commission/omission. It gives a retroactive effect. Bill of attainder, on the other hand, punishes an accused without a trial. It is an act of the legislative in finding guilt rather than of the judiciary.

III.

a.)

Yes, the RTC should grant the motion to dismiss.

Jurisprudence provides that death extinguishes criminal liability at any stage of the proceeding.

Here, Tiburcio is already dead which disables him to serve his sentence.

b.)

No. My answer will still be the same.

Under the Criminal Law, death extinguishes criminal liability at any stage of the proceding.

Here, as the case was remanded to the RTC, any criminal liability imposed upon Tiburcio would be useless by reason of his death.

IV.

a.)

Procopio committed the crime of parricide.

The Revised Penal Code provides that any person who shall kill his spouse shall be guilty of parricide.

There is no attending circumstance that can be found in the case. Procopio cannot avail of the exceptional circumstance because it requires sexual intercourse. Since the victim and her partner are both women, sexual intercourse is improbable.

b.)

No, my answer will not be the same.

The law requires that for parricide to arise, the offended party and the offender should be spouses under a valid marriage.

Here, since the relationship between Procopio and and Bionci is merely common-law spouses, there can not be parricide.

a.)

No. Talia cannot invoke the defense of Battered Woman Syndrome.

Jurisprudence requires that in order for Battered Woman Syndrome can be successfully invoked, there must be at least two cycles of violence present, each cycle consisting of tension-building phase (minor battering), acute battering phase (brutality, destruction, or death), and tranquil loving phase (batterer shows tender and nurturing behavior).

In the instant case, theres is only one cycle of violence. There is lacking acute battering and tranquil loving phases. Verbal abuse during the second cycle is not constitutive of acute battering phase.

b.)

Yes. My answer will still be same if Dion did not manifest the behavior under tranquil loving phase, that is, tender and nurturing behavior toward Talia. My answer will be otherwise should the second cycle of violence is completed, that is, it reaches up to the tranquil loving phase.

VI.

a.)

I will advice Adamos that he cannot run for Senator.

Under settled jurisprudence, pardon merely relieves the offender of the consequences of the offense he committed but it does not restore him of his right to hold a public office, unless otherwise expressly provided.

As gleaned from the facts presented, the pardon signed by the President does not provide for the restoration of the right to hold public office to Adamos.

b.)

No. My answer will not be same as amnesty is retrospective. It abolishes absolutely the crime committed as if the grantee did not commit the crime. Adamos, therefore now, can run for Senator for he is seen by law as if he committed no crime.

VII.

a.)

No. The prescription has not yet prescribed.

The law provides that prescription of penalties only applies if the convict is deprived of his liberty by serving the sentence imposed upon him.

In the instant case, Taylor has never been deprived of his liberty after conviction. He absconded the sentence. Thus, prescription has not yet prescribed.

b.)

Yes. My answer will still be the same. Regardless of whether or not the country Taylor went to has no extradition treaty with the Philippines, the prescription of penalties has not yet prescribed since Taylor has not yet deprived of his liberty. He has not yet serve his sentence of imprisonment.

VIII.

a.)

Mayor Maawain committed the crime of technical malversation.

Under the Revised Penal Code, technical malversation arises if any public officer shall apply any public funds or property under his administration to any public use other than for which such funds or property were appropriated.

Here, it is clear that Mayor Maawin applied the ten boxes of food, which are appropriated for the feeding program, to the shelter assistance program, which is a separate item.

b.)

No. Mayor Maawain cannot invoke the defense of good faith.

In one decided case, the defense of good faith only applies if the crime committed is malum in se. However, the Supreme Court considered the crime of technical malversation as malum prohibitum. Thus, the defense of good faith cannot be invoked.

IX.

a.)

Emilo may invoke the defense of instigation.

Instigation arises when a public officer induces an innocent person to commit a crime and will, thereafter, arrests such person upon the commission of the crime or immediately thereafter. Jurisprudence advised that any person who is a victim of instigation must be acquitted.

In the facts presented, Emilo, who is innocent, was merely induced by SPO3 Relio to act as posuer-buyer. After he handed the money, he was arrested. There is, therefore instigation and as what jurisprudence instructs, he must be acquitted.

b.)

No. Rado has a completely diffferent circumstances. The facts do not tell that he was innocent and was merely induced by the police officers.

a.)

Honesto committed homicide against Melba.

Under the Revised Penal Code, any person who shall kill another, although the wrongful act done be different from that which he intended, shall be guilty of homicide. The defense of mistake in identity will hold no water.

Here, Honesto killed Melba instead of Wilma in the thought that the latter was the former. There was erroe in personae. Hence, Honesto is liable for murder.

Honesto also committed slight physical injury against the passerby.

It is settled in jurisprudence that "he who is the cause of the cause is the cause of the evil caused."

Here, Honesto injured the passerby by a bullet that went through Melba's head that he fired against the latter. He is the proximate cause and is, therefore, liable.

b.)

My answer will not be the same. Honesto, now, has committed not anymore slight physical injury but serious physical injury.

Under the law, there is serious physical injury if the victim lost an eye.

XI.

Nel, Ben, Ardo, and Gorio are all criminally liable for theft. Nel is also liable for homicide.

Under the Criminal Law, theft is committed when any person, with intent to gain but without violence and intimidation, takes the personal property of another.

In the problem, the accused, with intent to gain but without violence, took away the money, jewelry, and other valuables of Elgar. Theft, therefore, is committed.

On the other hand, since no qualifying circumstance is present, Nel is only liable for homicide for the killing of Fermin.

XII.

Ando's contentions are bereft of merit.

As provided for by jurisprudence, the rule is that Philippine territory extends up to three miles from the headlands.

Here, as the crime was committed just after a few moments after the vessel left, it can be deduced that the incident happened within Philippine territory.

XIII.

Yes. The charges against Elen will prosper.

Elen defrauded Dora by issuing checks which she knew at that time she has no sufficient funds for it, which constitutes estafa.

Elen also drew the checks for value knowing at the time of the issuance that she has no sufficient funds and when presented by Dora, it was dishonored due to insufficiency of funds, which is a clear violation of a special law (malum prohibitum), Batas Pambansa Blg. 22.

XIV.

a.) Dela committed the crimes of estafa and illegal recruitment.

Under the Criminal Law, estafa is committed if a person defrauds another by false pretensions and qualifications. In the case, Dela defrauded Nita by making her to believe that she is a licensed recruiter.

Illegal recruitment, on the other hand, is committed, if a person parts with his money through fraud by another. In the case, it is clear that Dela received P120,000 from Nita through false pretense that she is a licensed recruiter.

b.) No. It is now a crime of illegal recruitment in large scale.

Illegal recruitment in large scale is committed where three or more persons, individually or as a group, are economically sabotaged by the malefactor.

In the problem, there are already four persons (Celia, Digna, Emma, and Nita) who parted money in consideration of a false promise of employment made by Dela. Hence, illegal recruitment in large scale, in this instance, is committed.

XV.

As to Dancio, he did not commit any crime since he is a mere detention prisoner at the time he escaped. The law merely convicts a prisoner if he escapes during his term of imprisonment by virtue of a final judgment. Dancio is a mere detention prisoner, thus, no crime is committed.

As to Brusco, he is guilty of obstruction of justice since he facilitated the escape of Dancio despite his knowledge that the latter committed an offense.

As to Edi, he is liable for Infidelity in the Custody of Prisoners because of his negligence, which to a great extent, caused Dancio's escape.

XVI.

Mayor Abral committed Falsification. He falsified the document by making it to appear that he solemnized the marriage when, in fact, he did not.

Donato, on the other hand, committed Usurpation of Authority of Official Functions when he solemnized the marriage when it is not his official function to do so.

XVII.

a.) Higino committed the complex crime of Parricide with Infanticide by killing his spouse and the "deemed born child."

b.) Yes. Higino, this time, has committed the crime of Parricide with Unintentional Abortion.

XVIII.

Lito committed the crime of murder since during the act of killing, he acted with discernment.

Under the special law, a child who is over fifteen and under eighteen years of age will be criminally liable if he acted with discernment at the time of the commission of the offense.

Further the child acts with discernment if he is fully aware of the consequences of his acts.

Here, Lito was fifteen and a month years old when he committed the crime and was aware that his treacherous stealing of the gun, hiding while waiting, and shooting Brutus, would cause the latter's death.

XIX.

a.) Bruno committed theft. Theft is committed when a peson who has found a lost property fails to deliver it to the local authorities.

b.) The crime committed by the chief of police is malversation. Malversation is committed if the private property under custodia legis is misappropriated.

XX.

Senio committed the crime of attempted arson.

Arson is committed when there is an intentional burning of a property. It is attempted when the offender fails to do all the acts of execution by reason of some cause or accident other than his own spontaneous desistance.

XXI.

a.)

No. The charge of adultery will not prosper.

Under the law, adultery only arises if a woman, who is married, shall have sexual intercourse with a man not her husband. It can be gleaned, therefore, that Wendy must be a female.

Here, Wendy's sex has been proven to be male. Further, her sex reassignment does not change her sex as male.

b.)

Impossible crime is an offense whereby a person commits an wrongful act against the person or property were it not for the inherent impossibility of its accomplishment.

There is no impossible crime of adultery in the case at hand. Impossible crime only applies to acts committed against persons and property. Adultery is a crime against chastity.

XXII.

I will reverse the ruling of the Court of Appeals.

Under the Revised Penal Code, qualified rape is committed if the victim is under eighteen years old and the offender is the common-law spouse of the parent of the victim.

In the facts presented, Charlie, the common-law spouse of AAA's mother, raped AAA, who is only fourteen years old. Clearly, the rape is qualified. Consequently, the CA erred in convicting Charlie of simple rape.

Immanuel Granada

Karl Rigo Andrino

2020-11-10

Email: karlrigo13@gmail.com

Class: Criminal Law

Teacher: Judge Ric S. Bastasa

quiz in criminal law nov 5 2020

Word count: 0

Karl Rigo Andrino

KARL RIGO E. ANDRINO

2020-11-10

Email: karlrigo13@gmail.com

Class: CRIMINAL LAW

Teacher: Judge Ric S. Bastasa

quiz in criminal law nov 5 2020

Word count: 2461

a. Felonies are committed through dolo or culpa. Dolo means a felony is committed with criminal intent. Culpa, on the other hand, means that a felony is caused by imprudence, negligence, lack of foresight or lack of skill.

b. Aberratio ictus, is a crime wherein the offender intends to injure or kill a person but it another person is killed or injured. This is also known as mistake in blow.

II.

An ex post facto bill is a law that allows a penal law to have a retroactive effect that prejudices an accused. In contrast, a bill of attainder is a bill that penalizes a person without having trial.

III.

a.) Yes, the RTC should grant the motion to dismiss. Under the law a person's death extinguishes his criminal liability as well as his civil liability, however, his civil liability remains if there is a final judgment of conviction. In this case, Tiburcio died of heart attack when the case was remanded to the RTC, thus, Tiburcio's death extinguishes his criminal liability and civil liability.

b.) No, my answer will still be the same. In one of the cases decided by the supreme court, if a person dies pending his appeal extinguishes his criminal liability, but his civil liability remains.

IV.

a.) The crime committed by Procopio is parricide. The absolutory cause on death or injury under exceptional circumstance does not apply if there is no sexual intercourse between the spouse and his or her paramour. In this case, Bionci and Magna are both women and it is physically impossible to have sexual intercourse between them. Further, passion and obfuscation is present in this case because Procopio was enraged by the discovery of his wife's infedility towards him that leads to the killing of Bionci.

b.) Yes, my answer would be different. If Procopio and Bionci are common-law spouses, the crime committed is homicide because they are not married. It still includes the mitigating circumstance of Passion and Obfuscation for the discovery of his wife's illicit affair with another.

a.) No, Talia cannot invoke the defense of Battered Woman Syndrome to free herself from criminal liability. As a rule, there must be two or more cycles of physical abuse for the defense of Battered Woman Syndrome to be invoked. The three phases of tension-building phase, acute-battering phase, and the tranquil loving phase must be present in both cycles. The tension-building phase is the beginning of the cycle wherein the husband verbally abuses the wife and it may even include slight physical abuse. The next phase is acute-battering phase, this phase is the climax of the cycle wherein the husband physically abuses the wife and it may sometimes lead to death. Lastly, the tranquil loving phase, this phase happens after the physical abuse caused by the husband. The husband now realizing that he has injured his wife and he shows compassion and promises to never do it again.

In this case, only the tension-building phase is present. The absence of the other phase causes the defense of Battered Woman Syndrome to be ineffective. Hence, Talia is still criminially liable for killing her husband Dion.

b.) It depends. As long as the all the three phases of a Battered Woman Syndrome are present in both cycles. She can invoke the defense of Battered Woman Syndrome. Otherwise, the absence of one of the phase in second cycle negates the defense of Battered Woman Syndrome.

VI.

a.) My advice to Adamos, is that he cannot run for the office of senator again. A grant of absolute pardon absolves criminal liability prospectively. By reason of a conviction by final judgment makes a person disqualified from his public office and his right to run for public office. Moreover, the absolute pardon must expressly provide that his civil interdictions and disqualifications are also absolved. In this case, the absolute pardon does not provide that Adamos disqualification to hold a public office is also absolved. Hence, he cannot run for senator.

b.) No. My answer would be different. A grant of amnesty extinguishes criminal liability as if it never existed. Amnesty absolves criminal liability retroactively. Since amnesty makes Adamos criminal liability as if it were non-existent, it is deemed that his disqualification to run for public office is also non-existent. Therefore, Adamos can run for the position of senator.

VII.

a.) No, I would not grant Taylor's motion to quash. His criminal liability has not prescribed. As held by the Supreme Court a criminal penalty can only prescribe if the convicted person has served his sentence. In this case, Taylor had escaped from the public authorities making penalty unserved. Hence, he is still liable to serve his sentence.

b.) Yes, my answer will still be the same. The law does distinguish wherever a convict may be as long as he has not yet served his sentence.

VIII.

a.) The crime committed by Mayor Maawain is technical malversation. Technical malversation is crime whereby a public officer has misappropriated a public fund for a specific purpose in use of another public activity. In this case, Mayor Maawain has misappropriated the Feeding Program funds to the Shelter Assistance Program. Thus, Mayor Maawain is guilty of Technical Malversation.

b.) No. The defense of good faith is not applicable in this case. It is a jurisprudential rule that even if Technical Malversation is in the Revised Penal Code but it is treated as a malum prohibitum. As a rule criminal law, good faith is not a defense in an offense in malum prohibitum.

IX.

a.) Emilo can invoke the defense of instigation. As a rule, a person instigated to commit an offense is not criminally liable. In this case, Emilo has been approached by SPO3 Relio to act as a poseur-buyer and transact with Rado. Emilo even refused but was forced by SPO3 Relio to help arrest Rado. It is clear that Emilo has been instigated by SPO3 Relio, thus, he must be acquitted.

b.) No. Rado cannot adopt Emilo's defense. An entrapment operation does not absolve criminal liability. An entrapment operation is different from an instigation operation. The former does not vitiate the freedom to act and intelligence of a person committing the crime. In contrast, the latter vitiates freedom to act and voluntariness. Hence, Rado cannot avail of the Emilo's defense.

a.) The crimes committed by Honesto is homicide and slight physical injuries. Melba was killed by Honesto by way ofError in personae or mistake in the identity of person. Such action caused slight physical injuries to a passerby. This is not a complex crime. A complex crime is an act whereby one act constitutes two or more offenses that are grave and less grave offense. The act constituted a grave offense of homicide and an offense of slight physical injuries that is not a less grave offense. Therefore, there is no complex crime but two separate offenses.

b.) No, my answer of would be different. The crime committed would have been homicide with serious physical injuries. Serious physical injuries is a less grave offense which gives rise to a complex crime of homicide with serious physical injuries.

XI.

Nel, Ben, Ardo and Gorio are liable for theft. Robbery and theft are both similar offenses which is the taking of personal property, but the former must be qualified that it was attended with violence and force upon things. In this case, there was no violence nor forced upon things, since both the door and drawers of Elgar were unlocked which did not require the use of force. Hence, they are only guilty of theft.

Nel is solely liable for homicide for killing Fermin. There was no conspiracy in killing Fermins since their only plan was to steal the personal properties of Elgar.

XII.

Ando's contention is untenable. The rule on territoriality applies in this case. In the Philippines, we follow the english rule which states that crimes committed in a merchant vessel is triable within the jurisdiction of the sovereign states territory. Except in cases where it involves interal affairs of the vessel. In this case, the crime involves is of public interest which is homicide. The vessel is presumed to be in the territory of the Philippines since it happened a few moments after the vessel left the port of Manila. Hence, Ando is liable for killing Jason.

XIII.

Yes. The charges against Elen will prosper. Estafa and BP 22 are both distinct offenses. The former is malum in se and the latter is malum prohibita. Elen is guilty of estafa the moment she has not returned the proceeds of the sale of the jewelry. Elen is also guilty of BP 22 from the moment she has drawn a check knowing that it has insufficient balance. Therefore, Elen can be charge with both criminal offenses.

XIV.

a.) The crime committed by Dela is Estafa and Simple Illegal Recruitment. Estafa is a crime defined by the Revised Penal Code and is a malum in se. In contrast, Illegal recruitment is a crime defined by a special. It is a rule in Criminal law that a crime can be penalized in a general and one in a special law. Dela's deceived Nita on the promise that the latter will work in Taiwan gave rise to the crime of Estafa. Dela having no license to operate as recruitment agency gives rise to the offense of Illegal recruitment.

b.) My answer will be different. The crime committed is illegal recruitment in a large scale. Illegal recruitment in a large occurs when one person recruits two or more persons without having the authority or license to be engaged in recruitment and placement activities. In this case, Dela has recruited Celia, Digna, and Emma in consideratio for a sum of money. This is illegal recruitment in large scale because there are three persons involved.

XV.

Dancio is not yet liable for evasion of sentence since he is still a detention prisoner and has not yet been convicted of an offense.

Brusco is liable for obstruction of justice for allowing an accused to escape and hinder the proceedings in court to prove his guilt.

Edri is liable for dereliction of duty.

XVI.

The crime committed by Mayor Abral is falsification of a public document. Mayor Abral with full knowledge that he had not solemnized the wedding but he still signed it. Donato on the other hand, is guilty of usurpation of a public office because he has no authority to solemnize a wedding.

XVII.

a.) The crime comitted by Higno is a complex crime of parricide with infanticide. Higno as a result of his action which he did not intend causes the death of Aika. A person is criminally liable for an act which he did not intend but caused death or injury as result thereof. Also, infanticide is present when the child was conceived prematurely and had an intrauterine life of thirty-six hours. The proximate cause of the child's death is the punching of Aika's head that resulted to the premature childbirth. Hence, he is guilty of a complex crime of parricide with infanticide.

b.) Yes, my answer would be different. The crime he would have committed would be a complex crime of parricide with unintentional abortion since the child was expelled from the mother's womb that was six months pregnant.

XVIII.

Lito is criminally liable for murder. In cases of crime comitted by a juvenile who is at least 15 years old but not more than 18 years, is not criminally liable. However, if he acted with discernment he is criminally liable. Discerment means that he is aware of the consequences of his actions. In this case, Lito acted with discerment as shown by the evidence that he had known of the consequences of his action as he had planned carefully in the execution of the killing of Brutus by preparing that getting the weapon of his father and knows the place where the victim usually is. The crime committed was attended with treachery since the victim had no opportunity to defend himself and it was attended with prevident meditation since has planned it.

XIX.

a.) The crime committed by Bruno is theft. A person who has found a personal property has the obligation to give it to the proper authorities or to return it to the owner. Otherwise, he is liable for theft. In this case, Bruno did not make any attempts to look for the owner or to give it to the proper authorities. As a consequence, he is liable for theft.

b.) The crime committed by the chief of police is malversation. A personal property that is turned over to public officers is under custodia legis. In jurisprudence, the personal property is deemed as public funds. In this case, chief of police misappropriated the money turned over by Bruno. Hence, the chief of police is guilty of malversation.

XX.

The crime committed by Senio is attempted arson. In an attempted stage of a crime, the accused commences the commission of the felonious act but does not perform all acts of execution due to some cause or accident other than his own spontaneous desistance. In the current case, Senio has already commenced the commission of arson but he was stopped by the timely arrival of the police officers. Therefore, Senio is guilty of attempted arson.

XXI.

a.) No, Hector's charge of adultery against Wendy and Ariel will not prosper. Hector's marriage with Wendy is void ab initio because Wendy is a male. The law requires that marriage must be between a man and a woman. As a rule, an adultery case can only prosper if there is a valid marriage between the spouses. In this case, Hector and Wendy's wedding is void. As a result, the charge of adultery will not prosper.

b.) An impossible is an act which would be an offense, were it not for the inherent impossibility of its accomplisment on account of the employment of inadequate or ineffectual means. There can be no impossible crime of adultery. Impossible crimes are only applicable to crimes against persons and property. Adultery being a crime against chastity, therefore, there can be no impossible crime of adultery.

XXII

The Court of Appeals decision must be reversed. The requisites of qualified rape are the victim must be below 18 years old and that the offender is the parent, grandparent, step-parent, and the common law spouse of the parent. In this case, Charlie is the common law spouse of the BBB, the mother of AAA, and AAA is below 18 years old, hence, Charlie is guilty of qualified rape.

KARL RIGO E. ANDRINO

Lady Rubyge Denura

2020-11-10

Email: ladybyge@gmail.com

Class: Criminal Law

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 770

1. A.) Felonies are commited either by dolo or culpa. There is dolo or deceit when the act is performed with deliberate intent and there is culpa or fault when the wrongful act results from imprudence, negligence and lack of foresight or skill.

B.) Aberratio ictus or mistake in the blow means that the offender intended to inflict injury to one person but the injury was inflicted to another person.

2. Ex post facto is a penal law which is given retroactive application to the prejudice of the accused while bill of attainder is a legislative acr which inflicts punishment even without trial.

3. A.) Yes, RTC should grant the Motion to Dismiss.

Criminal liability is totally extinguished by death of the convict, as to personal penalties, and as to pecuniary penalties, liability is extinguish only when the death occurs before final judgement.

B.) No, for the law does not qualify the stage for extinguishment of criminal liability incase of death.

In one case ruled by the Supreme Court, it ruled that when an accused died while there is a pending appeal of conviction against him, his civil and criminal liability are extinguished by his death.

4. A.) Procopio committed the crime of Parricide.

Under the law, a person who shall kill his spouse shall be guilty of parricide.

In the given circumstance, Procopio cannot invoke exempting circumstance since one of the element is when there is sexual intercourse with another man/woman which is not the case in the case at bar because Magna whom the wife made love is a woman.

B.) No, my answer would be Homicide because in parricide, the realtionship between spouses must be valid and legitimate.

5. A.) No, Talia cannot invoke the Battered Wife Syndrome to free herself from criminal liability.

In one case ruled by the SC, to successfully invoke Battered Wife Syndrome as a defence, there must be atleast 2 cycles of violence and each cycle must undergo 3 phases which consists of 1st tension-building phase, 2nd is acute battering incident and 3rd the tranquil loving phase.

In the case at bar, those three phases are not shown, thus, Talia cannot invoke the Battered Wife Syndrome.

B.) No, in such a case, Talia can now invoke the Battered Wife Syndrome given that it met the phase cycle after the second beating.

6. A.) I will advice Adamos that he cannot run for Senator next election.

Pardon looks forward and relieves the offender from the consequences of his offense, it abolishes and forgives the punishment. It does not restore the rights to hold public office or the right of suffrage, unless such rights to hold public office is expressly restored by the terms of the pardon. In the given case, there is no mention that there is an express restoration of such rights, thus, Adamos cannot run for Senate.

B.) No, my answer will not be the same. Amnesty looks backward and abolishes and puts into oblivion the offense itself, it means that it is as if, the accused did not commit an offense. In the case at bar, Adamos may now run for Senate since Amnesty totally obliterates the the crime.

7. A.) No, I will not grant the Motion to Quash.

The prescription of penalty under the law applies only to those who are convicted by final judgment and are serving sentence which consists in deprivation of liberty.

Applying the rule in the case at bar, Taylor has not yet suffered deprivation of liberty because he is not yet arrested to serve the sentence, thus the penalty imposed has not yet prescribed.

B.) Yes, my answer will still be the same considering that the period of preceription of penalties has not yet commenced since there was yet no service of sentence.

8. A.) Mayor Maawain commited the crime of Technical Malversation.

Under the law, Technical Malversation is commited when any public officer shall apply any public funds or property under his administration to any public use other that for which such funds or property were appropriated by law.

In the given case, the act of Mayor Maawain in transferring 10 boxes of food from the feeding program where to the shelter assistance program where the funds of these programs are separateitems is considered Technical Malversation.

B.) Mayor Maawain cannot invoke the defense of good faith. In one case ruled by the SC, Techincal Malversation under the law is malum prohibitum. This being the case, criminal intent is not an element of the crime.

9. A.)

Lady Rubyge Denura

Liwayway Elumbaring

2020-11-10

Email: Liwaywayelumbaring.realmotors@gmail.com

Class: Criminal Law Review

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1273

a.) Felonies are committed either by means of deceit (dolo) or by means of fault (culpa). There is deceit when the act is performed with deliberate intent. On the other hand, there is considered fault, when the wrogful act results from negligence, imprudence, lack of skills or lack of foresight. It should be remembered that it is necessary that there is voluntariness in which presumed from the elements of freedom of action and intelligence.

b.) Aberratio Ictus or error in the victim of the blow. In this case the offender intends the injury on one person but the harm fell on one another.

II.

Article III of Section 22 of the Constitution, provides that Ex post facto law, is a penal law which is given retroactive application to the prejudice of the accused. However, a Bill of Attainder is a legislative acts which inflicts punishment without trial. Under Article III Section 14 of our Constitution clearly states that the essence of the bill of attainder is the substitution of legislativre Act for judicial determination of guilt.

These two are considered as constitutional limitations on the power of the lawmaking body to enact penal legislation.

III.

a.) Yes, the RTC should dismiss the case. The death of the convict extinguishes the criminal liability at any any stage of the proceeding. While his civil liability shall be extinguished if his death occurs before the final judgment. The reason of this is that the penalty requires personal service of the sentence. It is but clear that there will be nobody who will serve the sentence if death occurs.

b.) No. Under Artcle 89 of Paragraph 1, does not qualify the stage of extinguishment of criminal liability. When the accused died while the judgment of conviction against him was pending appeal, his civil and criminal liability was extinguished by his death.

IV.

In the present case, Procopio committed the crime of PARRICIDE. The law clearly states that any person who shall kill his spouse shall be guilty of the crime PARRICIDE. He cannot avail under Art. 247 Death or physical injuries ionflicted under exceptional circumstances. One of the requisites for its application is the sexual intercourse. However, cannot be applied in this case considering they are both women and therefore, it cannot be considered an act of sexual intercourse. It was considered as passion and obfuscatuon because of the impulse that was caused by the sudden revelation that her wife was a lesbian. He discovered that the wife was with another woman doing unacceptable and immoral acts.

b.) No, my answer will not be the same if Procopio and Bionci were common-law spouses. It will not be considered parricide because the relationship of the spouses should be valid and not just common-law spouses. Procopio will be liable of the crime HOMICIDE considering their relationship. It will be with the presence of the mitigating circumstance of passion and obfuscation.

a.) No. Talia in this case cannot invoke the BATTERED WOMEN SYNDROME to free herself from criminal liability. The Supreme Court ruled that for the battered Woman Syndrome to be successfully invoke as the defense, there must be at least two cycle of violence. That each cycle must undergo three phases which consist of a tension building phase, acute battering incident and tranquil loving phase.

At tension building phase, this is wherethe minor battering occurs. It might be verbal or physical abuse. It might be other form of hostile behavior. On the other hand, the acute battering incident must be characterized by brutality, destructiveness or sometimes even death. While on the final phase of the cycxle of violence is considered when the acute battering incident ends. During this period, the couple experience a profound relief hence, the batterer may show tender, nurturing behavior towards his partner.

However in this case, there is only one complete cycle that is present. A mere verbal abuse will not qualify as acute battering phase. nor qualify as tranquil phase. Therefore Talia, cannot invoke the Battered Woman Syndrome.

b.) It depends! Talia may invoke the battered Woman Syndrome if the third phase of tranquil period is present. It is a settled rule that the battered woman styndromewill be invoked successfully if there at least two cycles of violence. In this present case, if after she was beaten the second time and Dion again promised not to beat Talia or even showed a tender and nurturing behavior towards her before he was killed, she might be justified in killing her husband.

VI.

a.) I will advice Adamos that he cannot run for Senate because pardon looks forward and relieves the offender from consequences of an offenseof which he has been convicted. That is it abolished or forgives the punishment. For that reason, it does not work the restoration of the rights to hold public office or the rights of suffrage. Unless such rights will be expressly restored by the terms of the pardon. However, in this case which it was silent as to restoration of the right to suffrage or the right to hold office, then it was clear that Adamos cannot run for Senate.

b.) No. My answer will not be the same in that case. Amnesty looks backward and abolishes and puts into oblivion the offense itself. It so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed the offense.

VII.

a.) No, i will not grant Taylor's motion to quash if i were the Judge. The prescription of penalties under the Revised Penal code Art. 93 applies only to those who are convivicted by final judgment and are serving sentence which consists in deprivationof liberty. The period for prescription penalties begins only when the convict evades sentence by escaping during his term.

b.) Yes. My answer will still be the same. Regardless if Taylor went to other country with which the Philippines has no exctradition treaty, the ruling will still be the same. The period of prescription of penalties has not yet commenced because there was yet no service of sentence.

VIII.

a.) The Mayor committed the crime of Technical Malversation. This is under Art. 220 of the Revised Penal Code. It is committed when any public officer shall apply any public funds or property under his administration to any public use other than for which fund or property were appropriated by law of ordinance.

b.) No, the Mayor cannot invoke the defense of good faith. Technical Malversation under Art. 220 of the revised penal code is malum prohibitum.

IX.

a.)Ernilo may invoke that he was instigated by the PDEA teal leader which is absolutory cause. In an insttigation, the law enforcer conceives the commission of the crime and suggests to the accused who adopts the idea and carries it into execution.

b.) No, Rado cannot adopt Ernilo's defense. The surrounding circumstances present in the case of Ernilo are absent in this case.

a.) In this case, Honesto committed the crime of homicide for the death of Melba and the separate crime of slight physical injury for the injury sustained by the passerby.

B.) No, my answer will be the same if other passerby was hit in the left eye which cause by her blindness. It will no longer be slkight physical injury considering he lost her left eye. Honesto will thgen be liable for the complex crime of homicide with serious physical injuries because a single act caused a grave and less grave felonies.

Liwayway Elumbaring

Mudzmar Muyong

2020-11-10

Email: scintillan_mudi@yahoo.com

Class: JD 4

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 881

I. a.) According to the Revised Penal Code felonies are committed by means of deceit or by means of fault.

There is deceit when the act is performed with deliberate intent. There is fault when the wrongful act results from imprudence, negligence, lack of foresight or lack of skills.

b.) According to the Supreme Court in Aberratio ictus means mistake in the blow, whereby, the offender intends to inflict injury on one person but the harm landed on another.

II. Jurisprudence provides that an ex post facto law is a penal law which is given retroactive application prejudicial to the accused. On the other hand, a bill of attainder is a law which inflicts punishment without trial.

III.

a.) The RTC should grant the motion to dismiss. The well settled rule is the death of the convict extinguishes criminal liability at any stage of the proceeding.

b.) On the assumption that Tiburcio's deat occured before the Court of Appeals rendered its decision my answer will be the same on the above. According to the Supreme Court when the accused died while the judgement of convictionagainst himwas pending appea, his civil and criminal liabilty was extinguished by his death.

IV.

a.) Procopio committed the crime of paricide. The Revised Penal COde provides that any person who shall kill his spouse shall be guilty of Parricide.

b.) My answer wil not be the same, one of the essential elements of the crime of Parricide is the legitimate relationship between the victim and the accused, hence, the crime committed in such a case is homicide.

a.) Talia cannot invoke the defense of battered woman syndrome. According to the supreme Court in order for the said defense can be invoked there must be two cycle of violence. In this case, there is only one cycle of violence. Hence, Talia cannot invoke the defense of battered woman syndrome.

b.) Should that be the case Talia can only invoked the defense of battered woman syndrome only if she can prove that the tranquil period phase is present.

VI.

a.) I will advice Adamos that he cannot run for Senator. Restoration of the right to hold public office must be clearlyl or expressly mention in the grant of pardon. In this case there is none of such declaration.

b.) Amnesty looks backward and abolishes and puts into oblivion the offense itself. Person granted amnesty stands before the law as though he had committed no offense. Therefore, Adamos can run for Senator.

VII.

a.) If I were the Judge I will not grant the motion. According to the Revised Penal Code, the provision on prescription of penalties applies only to those who are convicted by final judgment and are serving sentence which consist of deprivation of liberty.

b.) Yes my answer will be the same because there was yet no service of sentence.

VIII

a.) Mayor Maawain committed the crime of Technical Malversation. The Revised Penal Code provides that Technical Malversation is committed when any public officer shall apply any public property under his administration to any public use other than for which such fund or property were appropriated by law. Here, the funds for the shelter assistance program and those of the feeding program are specially appropriated by law for their respective purposes. When the Mayor used the funds from one program for another program, the act falls squarely within the act punished by the law.

b.) The Mayor cannot invoked the defense of goodfaith beacause the crime of Technical Malversation alhought found in the Revised Penal Code is considered as Mala Prohibita. Accodring to the Supreme Court, good faith is not a valid defense in crimes mala prohibita.

IX.

a.) Ernilo may invoked the defense of instigation. According to the Supreme Court in instigation the law enforcer conceives the commission of the crime and suggest to the accused the execution. In this case there is a clear instigation. Hence the Ermilo must be acquitted.

b.) Rado cannot adopt Ernilo's defense because his act of selling prohibited drug is a clear violation of a law.

a.) Honesto committed the crime of homicide for the death of Melba. According to the Revised Penal Code criminal liabilty shall also be incured by any person committing a felony although the wrongful act done be different from that which he intended.

Honesto is also liable for slight Physical injury for the injury suffered by the passer by.

b.) In such a case Honesto will be liable for the complex crime of homcide with serious physical injuries. Under the Revised Penal Code there is complex crime when a single constitute two or more grave or less grave felonies.

XI.

Nel, Ben, Ardo and Gorio committed the crime of theft. According to the Revised Penal Code theft is committed when one with intent to gain takes the property of another. In the absence of force upon things or violence against person the taking constitutes the crime of theft.

XII.

Ando's contention is not correct. Philippine court can take cognizance of this case. Jurisprudence provides that crimes committed aboard merchant vessels while in the territorial waters of another country are triable in that country.

XIII.

Mudzmar Muyong

Oscar Abadies Jr

2020-11-10

Email: seidabaracso@yahoo.com

Class: Criminal Law Review

Teacher: Judge Bastasa, R

quiz in criminal law nov 5 2020

Word count: 1542

a. Under the Revised Penal Code, felonies are committed not only by means of deceit but also by means of fault.

Deceit entails an indication of deliberate intent, whereas fault consists of doing unlawful act which would result from negligence, imprudence, lack of both foresight and skill. Moreover, the act or omission on both felonies must be punishable by laws.

b. Aberratio ictus or mistake in the blow presupposes the intent of the offender in committing unlawful act to a certain person which he never intended.

II.

Under the ex post facto law, the accused may not be favored by the passing of a penal law which is retrospective in character. Whereas in a bill of attainder, the legistalure passes a law which inflicts punishment sans judicial trial.

III.

a. Yes. It is settled that when an accused dies at any stage of the trial, his criminal liability is also extinguished because logically, nobody would be punished since he is already dead.

b. No, because under the law, the criminal liability of the accused would be extinguished upon his death without any qualification.

IV.

a. Procopio committed the crime of parricide against his legal wife.

Under the law, parricide is committed by any person against his or her spouse, among others.

Since Procopio was surprised on what his wife and another woman did on their bed, his act of taking the life of his wife was attended by passion and obfuscation.

b. No, it would not be the same because it is settled that the relationship between Procopio and Bionci must be legitimate. Hence, he can be charged with homicide or murder, as the case may be.

a. No, because it has been held that battered woman syndrome may be invoked only when there is presence of at least two series of violence committed by the accused against his wife, among others.

In this case, however, only one cycle of violence was carried out by Dion, thus, the invocation of the battered woman syndrome cannot be used as a defense by Talia.

b. No, because Talia now may invoke the defense of battered woman syndrome as long as the tension-building, acute battering and tranquil-loving phases are present in the second cycle of violence.

VI.

a. I will advise Adamos that he cannot hold any government office because the pardon does not mention any clause restoring his right to hold any government office. Hence, he cannot run for senator in the next election.

b. Not anymore. Since he was granted amnesty, he can now run for senator because amnesty may obliterate the offense committed by a person as if he has not done any unlawful act.

VII.

a. If I were the judge, I will not grant the motion to quash because under the law, prescription of penalties may be applied only to a person who is convicted by final judgment and is serving his sentence.

In this case, however, since Taylor is not yet arrested, then he penalty has not prescribed.

b. Yes, because Taylor has not yet served his sentence. The law is explicit that he should serve his sentence.

VIII.

a. The mayor committed the crime of technical malversation.

Under the law, technical malversation may be committed by any public officer who appropriates public funds or property under his administration to some public use other than what is really intended for by law.

In this case, since the mayor transfers the fund originally intended for feeding program to shelter program, then he committed technical malversation penalized under the law.

b. No, because it is settled that technical malversation is malum prohibitum, thus, criminal intent is not an element of the crime. Also, it should be underlined that not all offenses found in the Revised Penal Code are mala in se.

IX.

a. Emilio may invoke a defense of instigation which is an absolutory cause.

Under the absolutory cause, the actors are granted immunity from burden on grounds of public policy and sentiments even if the act constitutes a crime.

In this case, since the law enforcement officer suggested Emilio an idea to carry out the wrongful act, then he can be absolved from liability.

b. No, because his act of selling prohibited drugs is, at the outset, punishable under the law.

Also, there is no instigation made by the law enforcers in the case of Rado.

a. Honesto is liable for homicide for the death of Melba since he mistakenly thought that the latter was Wilma.

Under the law, a person is criminally liable if he commits a felony even to a person whom he mistakenly thought his intended victim.

In this case, even if his original intended victim is Wilma, he is still liable for the crime committed against Melba.

However, since the arm of a passerby was grazed by a bullet wherein the injury requires medical attendance for two days, then Honesto is liable for slight physical injury.

b. No, Honesto may now be charged for homicide with serious physical injury, because the killing of Melba which is a grave felony produces another act of injuring the eye of a passerby which results his blindness, a less grave felony.

XI.

The four offenders are liable for theft since they had taken the property of Elgar while he was absent in the house.

Under the law, theft is committed by any person when with intent to gain, he takes the propety of another sans violence or intimidation.

However, since Nel killed Fermin with a golf club, he is liable for homicide.

XII.

Ando`s contentions hold no water, because even if the merchant vessel is registered in Malaysia and both were foreign nationals, the crime still can be tried in the Philippines under the principle of generality.

Moreover, the Philippines, as a sovereign state, has a right to uphold its law and maintain order within its domain and with general jurisdiction to punish violators of law committed within its territory.

In this case, the killing happened a few moments after the vessel left the port of manila, an indication that the ship is still within the Philippine waters. Hence, our court has jurisdiction over the crime committed by Ando against Lason, both foreign nationals.

XIII.

Yes, because all the elements for violation of BP 22 are present in this case.

Elen is the drawer of the post-dated checks and she has the knowledge that the same are insufficient to cover the subject amount and such act of Elen causes pecuniary damage to the payee.

XIV.

a. Dela committed the crime of illegal recruitment and estafa. The first is malum in se, while the second is malum prohibitum.

Illegal recruitment is committed because Dela convinced Nita to part her money as the former has the capacity to send the latter abroad. Such act is liable under the said special law.

Estafa is also committed because Dela defrauds Nita by falsely pretending to possess power, among others, such that the latter now believes that Dela may send her abroad. Thus, she parted her money.

b. No, because Dela now may be charged with illegal recruitment in large scale.

Under the law, illegal recruitment in large scale is committed against three or more persons individually or as a group.

In this case, since Dela promised Celia, Digna, and Emma to send them abroad, such act constitutes illlegal recruitment in large scale.

XV.

Under the circumstances, Dancio is not liable for any crime because there is no final judgment yet.

Brusco is liable for obstruction of justice since he assists Dancio in order for the latter not to be prosecuted.

Edri, on the other hand, is liable for infidelity in the custody of prisoners being a public officer who did not exercise prudence in watching over his issued firearms which caused the untimely escape of Dancio.

XVI.

The mayor is liable for falsification of public documents by pretending that he participated in the solemnization of marriage.

On the other hand, Donato is liable for usurpation of authority by solemnizing the marriage contract sans legal authority.

XVII.

a. Higino is liable for parricide in killing his wife since the act of punching Aika to her head was the ultimate cause of the death.

He can also be liable for infanticide in accidentally killing the child inside the womb.

b. Yes. Higino may be held liable for parricide with unintentional abortion because aside from killng the wife, he unintentionally killed the child inside the womb.

XVIII.

Lito is liable for murder notwithstanding his minority.

In this case, it is clear that Lito has acted with discernment when he killed Brutus. Murder is committed because Brutus has no opportunity to defend himself during the attack.

XIX.

a. Bruno committed the crime of of theft.

Under the law, theft is committed by any person who, while having found a lost property, fails to deliver the same to the owner or authorities.

b. The chief of police may be held liable for malversation since he misappropriates the property of another.

XX.

Senio committed the crime of attempted arson by puoring gasoline on the walls of the house but failed to consummate the unlawful act when he was caught in flagrante delicto by the police officer.

XX.

Oscar Abadies Jr

Paula Bianca Eguia

2020-11-10

Email: pb.eguia@gmail.com

Class: criminal law

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 2955

Felonies are committed in two means either by means of deceit (dolo) or by means of fault (culpa). There is deceit when the act is perfomed with clear and deliberate intent. On the other hand, fault or culpa exists when the wrongful act results from negligence, imprudence, lack of skills or lack of foresight. Deceit or fault requires that there is voluntariness in these acts that is presumed based on the elements of the freedom and intelligence of said acts.

Aberratio ictus exists when there is error in the blow of the victim. The offender has intended to injure a specific person but the injury or harm is caused to another.

II.

Ex Post Facto law is a penal law which has retroactive effect to the prejudice of the accused. A Bill of Attainder is a legislative act that inflicts punishment without undergoing any trial which is a violation of a person's right to due process under the Constitution.

III.

The RTC should dismiss the case. The law explicitly states that the death of the accused extinguishes the criminal liability at any stage of the proceeding but the civil liability shall only be terminated if the death occurs before the court has rendered final judgment.

No. The law provides that when an accused died while the final judgment against him is already pending appeal, both the civil and criminal liability of the accused shall be extinguished by his death. The law does not qualify the stage for when the criminal liability of an accused is extinguished.

IV.

Procopio committed the crime of Parricide. Under the Revised Penal Code, any person who shall kill his spouse shall be guilty of parricide. It is the relationship between the offender and the victim that is most crucial and determinative in such crime. As Procopio was moved by sudden impulse to stab due to the suprising revelation that his wife is with another woman, there exists the element of passion and obfuscation.

No. Under the law, in order that parricide is committed, there must exist a valid and legitimate relationship between spouses. If they were only common- law spouses, Procopio can only be held liable for the crime of Homicide with the mitigating circumstance of passion and obfuscation.

No, Talia cannot invoke such defense. Under the law, in order for Battered Woman Syndrome Syndrome to be validly invoke as a defense, there should be at least 2 cycles of violence. Each cycle should undergo 3 phases which are the tension building phase, acute battering incident and the tranquil loving phase. Tension building consists of minor battering, which may either be in the form of verbal of physica abuse. Acute battering on the other hand is characterized by brutality that sometimes lead to death. The final phase begins when the acute battering ends. In this case, only the tension building phase is present. It is not showed that there is another acute battering nor tranquil phase after the first cycle. When only verbal acuse is present, it will not qualify the same to acute battering phase.

If only Talia is able to show that the third phase of tranquil period exists, then she can invoke the defense of Battered Woman syndrome. When the second beating occurs, Dion will promise not to hurt Talia and show remorse by showering her with affection before he was killed, then the act of Talia can be justified and she can rightfully invoke such defense.

VI.

I will advice Adamos that he will not be able to run as Senator for the next election. Pardon does not work to the restoration of the rights to hold any public office nor the right of suffrage unless otherwise it has been expressly restored under the conditions of the pardon. It does not relieve the offender from the consequences of the offense upon conviction nor completely abolishes the punishment already inflicted.

No. As amnesty looks backward, it will completely obliterates the offense committed by the person so charged, the amnesty has the effect of releasing the person as if there no commission of the crime. By virtue thereof, he can validly run for public office.

VII.

No, I will not grant the motion to quash. The law requires that only those accused that are convicted by final judgment that the prescription of penalties will apply and actually serving sentence consisting of deprivation of liberty. The running of the period for the prescription of penalties only commences when the convict evades the sentence when he escapes wile he is serving his sentence.

Yes. It would still be the same since the period of prescription of penalties has not commenced and there no serving of sentence yet.

VIII.

The Mayor commits the crime of technical malversation. Under the Revised Penal Code, technical malversation is committed when any public officer shall apply any public property or funds during his administration to public use that is other than for which it were appropriated either by enaction of law or ordinance. In this case, the funds intended for the shelter assistance and feeding program were appropriated by the law for the same purpose. As the mayor transferred the boxes of food and allocated them as separate items, such act shall be considered as technical malversation.

The Mayor cannot validly invoke the defense of good faith since the crime of technical malversation is consideered as malum prohibitum. By virtue thereof, the intent of the accused is not an element of the crime.

IX.

Ernilo can invoke the act of instigation by the PDEA team leader as an absolutory cause. Absolutory cause is when the commission of an act is a crime but due to reasons of public policy, no penalty shall be imposed. When there is instigation, the law enforcer conceives the commission of the crime and shall be the one will suggest to the accused to commit the crime and actually execute it. In this case, Ernilo was approached by SPO3 Relio to act as the buyer. Even though he refused, he was eventually convinced otherwise. Thus it prompted for his arrest.

No he cannot. There is no showing that he was induced by the police officers to commit any crime. As his act was voluntary in selling drugs, he shall be held liable under the law.

Honesto committed the crime of Homicide for the death of Melba and the crime of slight physical injury inflicted upon the passerby. Homicide under the RPC provides that it is committed by any person by committing a crime although the wrongful act be done different from that which he intended which is error in personae or mistake in the identity of the victim. In this case, there was a clear mistake of identity when Melba was shot when Honesto intended to kill Wilma. With the case of the passerby, he is only liable for the crime of slight physical injury since the bullet that passed thru Melba is the proximate cause of the injury sustained. The law expressly provides that the offender shall be criminally liable for all the consequences of his felonious act when it is the proximate cause of the felony.

No. In this case, the crime committed is now serious physical injury because the act done resulted to the blindness in the left eye. By virtue thereof, he can be liable for complex crime of Homicide with Serious Physical Injuries because the law provides that a single act which causes two or more grave or less grave felonies shall be considered as a complex crime.

XI.

Ben, Nel, Ardo and Gorio shall be liable for theft. Nel shall also be liable for the crime of Homicide. Under the law, the crime of theft is committed when there is intent to gain and actual taking of personal property of another without the presence of violence or intimidation upon persons or force upon things. In this case, the four of them took the money, jewelry and other valuables owned by Elgar right from his house. There was no showing of any violence or intimidation inflicted upon any eron nor was there any presence of force upon things in entering the house or in the taking of the personal property of Elgar. The killing of Fermin by Nel is only the crime of Homicide since there is no showing of any qualifying circumstances of murder.

XII.

Ando's contention will not prosper. The law provides that a foreign merchant vessel that enters within the 3 mile limit of the Philippine territory, said vessel's officers and crews shall be subject to the jurisdiction of Philippine courts since the 3 mile line is considered as still within the Philippines' territorial waters. In this case, Lason was kiled just when the vessel has just shortly left the port of Manila. With these facts, it can be safely presumed that that the crime is committed within the territorial waters of the Philippines. The law provides that the crimes committed aboard merchant vessels while in the territorial waters of another country can be tried in the country. Hence, the Philippine courts has jurisidiction over the case.

XIII.

Yes, it will prosper. In this case it can be deduced from the facts that estafa is committed when the offender issues post dated checks for the payment of an obligation contracted at the time the check was issued and there is lack of sufficient fund to cover the checks consequently damage si inflicted upon the payee. She is also liable for the crime of BP 22 as she drew the checks in order to pay the obligation with knowledge of the fact that there is no sufficient funds in the drawee bank for the check and the checks were dishonored upon presentment due to insufficiency of funds. Both these crimes can be charged separately as they are two distinct crimes.

XIV.

Dela committed the crime of Illegal Recruitment. Under the RPC, Illegal Recruitment is committed by any person who defrauds another by using false or fictitious name, or falsely pretending to possess power, authority, influence, qualification, business or any other fraudulent means of similar deceits in any recruitment or placement activities as provided under the law. In this case, it is showed that Dela deceived Nita by making her believe that she has the authority and capacity to send her to Taiwan to in work even though Dela has not obtained any license or authority to engage in any lawful recruitment activity as required by law. Such misrepresentation prompted Nita to give money as payment for the processing of papers which consequently caused damage to the latter as she was not employed abroad in Taiwan.

No, it will not be the same. Illegal Recruitment in Large Scale as defined under by law as an offense involving economic sabotage, is when illegal recruitment and placement activity is committed against 3 or more persons individually or as a group. In such a case, if the promise for employment was made to Celia, Digna and Emma by Dela, then the latter shall be held liable for the crime of Illegal Recruitment in Large Scale.

XV.

Dancio did not commit any crime. Under the law, the evasion of sentence is a crime that is imposed upon a convict who, after being convicted by final judgment, evade his serving of sentence by escaping during the term of his imprisonment. As there was still no final judgment upon Dancio, there was no crime committed. Brusco on the other hand, can be held liable for the crime of Obstruction of Justice since he helped in facilitating the escape of Dancio witht the knowledge of the fact that the latter has committed an offense in order to evade prosecution and subsequent conviction if appropriately sentenced upon him. The guard, Edri, can be liable for the crime of Infidelity in the Custody of Prisoners since he is a public officer tasked to guard those who are charged with offenses since due to his negligence Edri was able to smuggle the pistol that helped him escape.

XVI.

The Mayor committed the crime of falsification. His false misrepresentation in making it appear that in the marriage contract that he solemnized the marriage between Erwin and Bea when in fact he did not and only signed the contract makes him guilty of the said offense. Donato shall be liable for the crime of Usurpation of Authority since the he solemnized the marriage without authority as the same is vested upon Mayor Abral and he celebrated the marriage under the false pretense of having authority which in fact he did not.

XVII.

Higino committed the complex crime of Parricide with Infanticide. Under the law, Parricide is committed when the killing is done against his spouse while Infanticide is killing committed upon a child and under the law the child is deemed born when the child has an intra uterine life of 6 and half months and after surviving 36 months after complete delivery from the mother's womb. In this case, since Aika died and the child was expelled prematurely, the crime shall be treated as complex crime of Parricide with Infanticide considering since the two crimes committed by virtue of a single act that constitutes two grave felonies.

Yes, it will be different since in this case Higino will be liable for the complex crime of Parricide with Unintentional Abortion. Since the child is still inside the mother's womb and the child died due to the infliction of violence by Higino without any intention to cause abortion, then the crime would be unintentional abortion. Since the single act produced two grave or less grave crimes, the single act shall be treated as complex crime.

XVIII.

Lito committed the crime of murder. Under the law, a child over 15 years of age but below 18 years of age will be held criminally liable if he acted with discernment at the time of the commission of the crime. Discernment can be defined as the mental capacity of the child to fully appreciate and understand the consequence of his act whether it is unlawful or not. It is only when the child acted without discernment that he shall not be held liable. In the foregoing circumstances, it can be concluded that Lito acted with discernment. The crime is murder since there was clear and evident premeditation on the part of Lito to kill Brutus who got the key to the safe and took the pistol and took into hiding, waiting that Brutus, who had no opportunity to defend himself, as he was alone and attacked him suddenly and unexpectedly by subsequently shooting and killed him. The mode of execution was adopted deliberately in order to ensure the full execution of the killing.

XIX.

Bruno committed the crime of theft. The law defines theft as the act of any person who found any lost personal property and failed to deliver the same to the appropriate local authorities or to the rightful owner. Since Bruno failed to deliver the wallet to the local authorities nor did he exert any effort to look and deliver it to the owner. Hence, he shall be liable for theft.

In this case, the crime committed by the chief of police is Malversation. Under the law, malversation is committed when the property that is misappropriated is a private property that is under custodial legis. Since the wallet was turned over to the police station, it is deemed as under custodial legis and in effect, shall be treated as a public property. Hence, the act of the chief of police in appropriating the money for his own benefit shall constitute as malversation under the law.

XX.

Senio committed the crime of Attempted Arson. The law defines attempted felony as the commission of a crime by direct or overt acts but does not perform all acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Further, arson as defined under the law, is s committed when there is intentional burning of an inhabited house or dwelling. In this case, the crime of arson is only in the attempted stage since he was only able to pour the gasoline around the walls of the house and it was at this point he was caught by the police.

XXI.

No it will not. Adultery under the law is committed by any married woman who shall have carnal knowledge with a man not her husband and by the husband who has carnal knowledge of her with the full knowledge that she is married, even if the marriage is subsequently declared void. In this case, Wendy is born male and hence, he shall not be charged with adultery.

The RPC defines impossible crime as a crime committed by any person executing an act which would be an offense againt any person or property had it not for the inherent impossibility of its accomplishment or on account of inadequate or ineffectual means. There is no impossible crime of adultery adultery is a crime against chastity.

XXII.

Charlie should be convicted with the crime of qualified rape. Under the law, qualified rape is committed when the victim is under 18 years of age and the offender is the parent, ascendant, step-parent, guardian, relative by consanguinity or by affinity within the third civil degree or the common-law spouse of the victim. In this case, the victim was only 14 years old when the crime was committed and the offender was the common law spouse of the victim.

Paula Bianca Eguia

Perigrino Varquez

2020-11-10

Email: peridoy@yahoo.com

Class: Criminal Law

Teacher: Judge Ric S. Bastasa

quiz in criminal law nov 5 2020

Word count: 2320

a. Under the law, felonies are committed not only by means of dolo (deceit) but also by means of culpa (negligence).

There is deceit when the act is committed by means of deliberate intent and there is culpa when the act results from imprudence, negligence, lack of foresight or lack of skill.

b. Aberratio ictus means the wrongful act is different from that intended.

II. The distinction between ex post facto law and bill of attainder shall be the following:

In ex post facto law, it makes an act punishable although not punishable when committed; it imposes a higher penalty than the law punishing it at the time of the commission. On the other hand, a bill of attainder imposes a punishment without the benefit of trial. In our jurisdiction, both ex post facto law and bill of attainder shall not be applied as it is contrary to the provisions of the law and the constitution as it is not favorable to the accused.

III.

a) No. The RTC should not grant the motion to dismiss.

As provided by law, when the judgment has become final and executory the same has to be enforced or executed. In this case, there was already an Entry of Judgment by the Court of Appeals which sustained the conviction of Tiburcio. His death after three (3) days when the Court of Appeals remanded the records of the case to the RTC is of no moment to his case. In other words, the judgement of the case has attained finality prior to his death. Thus, the motion to dismiss filed by his counsel shall not be considered and it has to be dismissed.

b) In this case, my answer will be different because there is no finality yet of the decision of the court since his death occured while his case is still on appeal with the Court of Appeals.

The law provides that when the case is on appeal and the accused died before the decision of the appellate court there is no decision yet. Therefore, the motion to dismiss filed by his counsel should be granted.

IV.

a) Procopio committed the crime of parricide but he can invoke defense against his honor.

As provided by the Revised Penal Code, when death occured in an exceptional cases as when the husband surprised his spouse in the act of sexual intercouse with another man in the conjugal dwelling and in the process he killed either the spouse or the paramour or both the husband shall not be liable for a crime that he committed. The penalty to be imposed is only destierro.

In the given case, Procopio surprised his wife Bionci in the act of making love in the conjugal dwelling by a woman Magna. The foregoing provision will not be applicable as the party involve is a woman and not a man. As the killing was committed in defense of his honor, therefore Procopio is not liable for the crime of homicide as it is a defense of his honor.

b) Yes, my answer will not be the same. The act of killing his common-law spouse in the act of making love by another woman he is liable for the crime of homicide since there is no marriage during their cohabitation.

Procopio can not invoke defense of his honor since their cohabitation lacks marriage ceremony. Thus, he is liable for the crime of homicide.

a) Yes, Talia can invoke the defense of Battered Woman Syndrome to free herself from criminal liability. In the given facts, there were series or pattern of verbal abuse and physical attack committed by the husband Dion against the wife Talia everytime that her husband came home drunk. In one occasion after the beating, the husband realized what he did had promised to his wife not to do it again, this is the tender-loving stage. A week after, the husband has returned to his drinking vice and again made verbal abuses to his wife that resulted to the killing by the wife when the husband came home drunk that he stabbed it that resulted to his death. Hence, the wife can invoke the battered woman syndrome to free herself from criminal liability.

b) Yes. In this case the wife can not invoke the battered woman syndrome as it lacks the series or pattern of verbal or physical abuse since there were only two (2) instance of physical or verbal abuse. She can not make use of the benefit under the law on violence against women and children as it can not qualify the requisites of series or pattern of acts of verbal or physical abuses against her person.

VI.

a) My advice for Adamos is he can run for senator in the next election. The law provides that an accused who was convicted but was granted an absolute pardon can run for any position in the election. The effect of pardon on his offense was obliterated this means that his offense was erased it is as if he did not commit the offense. Further, the absolute pardon granted by the President of the Philippines restored all his civil and political rights.

From the facts of the case, Adamos who was convicted for the crime of plunder was granted absolute pardon by the President of the Philippines. Therefore, the effects of pardon has restored to Adamos' civil and political rights hence, he can still run for senator in the next election.

b) My answer will still be the same. If the crime committed was rebellion and he was granted amnesty by the government still he can run for senator in the next election. Under the law, the amnesty granted by the President of the Republic of the Philippines is subject to concurrence by the majority of Congress and once granted, the offense is obliterated and his civil and political rights are restored. Thus, he can run for senator in the next election.

VII.

a) No. If I were the judge I will not grant Taylor's motion to quash. Taylor can not quash the case against him as he has not yet serve his sentence because he evaded the service of his sentence when the court convicted him. Had he started serving his sentence and evaded in the course of it then he can make use of the period that he escaped for fifteen (15) years in the United States. Hence, his motion to quash shall be denied by the Court.

b) My answer will still be the same even if he fled to another country with which the Philippines has no extradition treaty. The reckoning should be the service of his sentence and during the service of his sentence he escaped. Thus, my answer will be the same.

VIII.

a) Mayor Maawain committed the crime of technical malversation of funds. As provided by law when funds of the government are earmarked for a specific public purpose and the official reverted it to other purpose, the official committed technical malversation. In this case, the funds are already appropriated for the foods and shelter of the typhoon victims but the mayor withdrew it when the victims stopped helping in the construction as they also have to look for a living. What the mayor did was to withdraw the boxes of foods and realign the appropriations for the funds to the shelter assistance program and those of the feeding program. This is a clear case of technical malversation of funds and property.

b) Mayor Maawain can not invoke the defense of good faith. Notwithstanding that he has no evil intent when he approved the transfer of the boxes of food from the feeding program to the shelter assistance program. The law is clear that when an appropriations have been alloted for that particular public purpose the official can not merely realign it at his own discretion without amending the law, otherwise he is liable for technical malversation even if he used the funds for another public purpose. Good faith is not a defense in technical malversation of funds.

IX.

a) Emilo can invoke the lawful performance of his right. In the case, Emilo was requested by SPO3 Relio to act as poseur-buyer in order to capture the person of Rado who was engaged in drug pushing activities. Emilo was just following a lawful order of SPO3 Relio when he acted as poseur-buyer which is lawful and valid under our laws. Hence, Emilo did not incur any criminal liability.

b) No, Rado can not adopt as his own the defense of Emilo. Rado was committing a crime when he was apprehended by the team of SPO3 Relio. The case of Emilo is different as he was utilized by law enforcers in the entrapment against Rado as poseur-buyer. Emilo was not committing a crime when they were arrested. Rado was caught in flagrante committing a crime of drug pushing which is penalized by law. Therefore, Rado can not invoke the defense of Emilo.

a) Honesto committed the crimes of murder and slight physical injuries. As narrated in the facts, Honesto intended to kill his wife Wilma in order to marry Celia in so doing thinking that a passerby has the looks of his wife then shot at the victim who turned out to be Melba and the bullet which shot in the head of Melba and grazed another passerby's arm. He is therefore liable for all the natural and logical consequences of his action of killing another person. Thus, he is liable for the resulting death of Melba which is murden since he planned it and the injury of the other person which required for two (2) days medical attendance which is slight physical injuries.

b) Yes, if the other passerby was hit in the left eye which caused his/her blindness then the crime committed is serious physical injuries. Hence, the crimes committed will be murder and serious physical injuries.

XI.

Nel, Ben, Ardo and Gorio are liable for the crime of robbery with homicide. As provided by law during or after the crime of robbery was committed and thereafter a person was killed the crime committed is robbery with homicide, a special complex crime. In this case, the original design was to rob the house of Elgar by all the accused namely: Nel, Ben, Ardo and Gorio but after the robbery was committed Nel asked that they returned to the house to git his bag and wallet which he left at Elgar's house. Once inside, he noticed the presence of another person holding his ID which he killed in the process. Therefore, the killing by Nel to the person of Fermin was still part in the robbery which they have committed earlier which will give rise to a complex crime of robbery with homicide.

XII.

The contention of Ando is bereft of merit. Since, the crime happened in Philippine waters and it violates the criminal laws of the country even if they are all foreign nationals, they can be held liable under Philippine laws under the Revised Penal Code as the crime was committed in Philippine waters. It would have been different if the vessel was a military vessel as it is an extension of the foreign territory. In this case it is a merchant vessel registered in Malaysia and the crime was committed in Philippine waters and it violates the laws of the Philippines, then Ando can be held liable for the crime of murder. Therefore, his contention that he is an Indonesian national will not hold water in court, he still criminally liable for the crime of murder.

XIII.

Yes, the charges of Estafa and violation of BP. 22 will prosper. The two crimes can be prosecuted independently from each other. When Dora entrusted Elen several pieces of jewelry on commission basis and the unsold jewelries shall be returned but she did not Elen is liable for the crime of Estafa. The act of issuing, making and drawing a worthless check is punished under Batas Pambansa Blg. 22 separately from the estafa as the mere issuance of a worthless check will give rise to the crime of violation of Batas Pambansa Blg. 22 which is a distinct and separate offense from estafa.

XIV.

a) Dela committed the crimes of Estafa and Simple Illegal Recruitment. Dela made false pretenses and machinations that she had the capacity to give Nita an employment in Taiwan. That she also made the impression to Nita that she was a licensed recruiter that made Lita to believe that Dela has the capacity and she has the authority and license to recruit for employment abroad. She is therefore liable for estafa because of his false pretenses which led to Dela to part her money in the amount of Ph120,000.00. Her action of recruiting for employment abroad even if she has no license is punished by law as she is engaged in illegal recruitment. Hence, she liable for the crimes of estafa and simple illegal recruitment.

b) Yes, my anwer will be different. As there are four victims of the illegal recruitment under the law, when there three or more victims of illegal recruitment the crime is illegal recruitment in large scale which is considered a crime involving economic sabotage and the penalty is much higher as compared to simple illegal recruitment. Therefore, the crimes committed will be estafa and Illegal Recruitment in large scale involving economic sabotage.

XV.

Dancio committed the crimes of evasion of service of sentence and illegal possession of firearm which he used in disarming the jail guards. As he is a detention prisoner and his act of escaping is a crime of evasion of service of sentence and the pistol which he used is a separate crime which is illegal possession of fiream.

Brusco who gave gifts to the jail guard is liable for indirect bribery as the giving of gifts is

Perigrino Varquez

Prince Dave Santiago

2020-11-10

Email: princedavesantiago@gmail.com

Class: Criminal Law Review

Teacher: Judge Ric S. Bastasa

quiz in criminal law nov 5 2020

Word count: 656

a.) Felonies are committed when there is voluntariness on the part of the offender that resulted to injury whether it may be based on deliberate intent to commit an intent or its act of negligence causes injuries to another and would completely consummate the offense.

b.) An Aberratio Ictus is defined as an offense that must be committed to one specific person but harmed a different one or that the former was harmed however the latter was accidentally included. Generally it will result to a complex crime punishabel under the RPC.

II.

Ex post facto law is generally retroactive effect applied to an accused which is prejudicial to him. This is prohibited under the law however if the retroactive application favors the accused, it will be given effect. Bill of attainder on the other hand is a legislative act for the judicial determination of an offense.

III.

a.) The Motion to dismiss must be granted. Under the law on obligations, penal sanctions are extinguised when the accused died provided that the case attains finality before the court. In the case, the Court sustained the decision of the RTC which attains finality. His death occured when the case was remanded back to the RTC after the Court renders final judgement. Therefore, the Motion to Dismiss is proper.

b.) In this situation, the Motion to Dismiss is not proper because the accused died when the case has not yet attained finality before the Supreme Court. The obligation of civil liability are transferred to his heirs and that his case is not extinguished.

IV.

a.) Procopio committed a crime under exceptional circumstances. The law provides that one who finds out his spouse having an intercourse with another man and killed or injured her or both of them in an insang or thereafter is exempted from a crime as provided by law. In the case, Procopio stabbed Bionci after finding her sexual infidelity to another man that causes her instantaneous death. The law does exempt Procopio from liability however it may be mitigated under exemptional circumstances.

b.) The law is very specific that only a married man who found out his spouse having an intercourse with another man is exempted. Common law marriages are not recognized here in the Philippines. Therefore if Procopio happends to kill Bionci instantly being under a commom law relationship will not exempt him from criminal liabilities charged to him under the law.

IX.

a.) Honesto committed one count of Murder and once count of Slight Physical Injuries. He has an intention to kill a person by mistaken identity which killed Melba instantaneously after she was shot by a bullet at ther head. The bullet opassed through the by stander's arm that causes slight physical injury because it requires two days of medical attention.

b.) No. The crime that Honesto committed is Murder and one count of Serious Physical Injury after causing blindess to the by stander who was accidentally shot by a stray bukket coming from Honesto.

VI.

VII.

VIII.

IX.

XI.

XII.

Ando was incorrect with his contentions. A ship that is registered in a particular country like in Malaysia and a person committed a crime in the ship, Malaysia will only prosecute him provided that the ship was in the the high seas during the commission iof the crime. However, in the case, the ship left the port of Manila only a few minutes when the stabbing incident happened which I assumed that the ship was still within the territorial jurisdiction of the State. Considering that the ship was not yet on the high seas, Ando cannot contend that he can only be prosecuted in Malaysia on the ground that the ship is Malaysian registered because the crime was committed within the territorial jurisdixtion of the Philippines. Therefore, he must be prosecuted here.

XIII.

XIV.

XV.

XVI.

XVII.

XVIII.

XIX.

XX.

XXI.

XXII.

Prince Dave Santiago

RENANTE CARUMBA

2020-11-10

Email: renantecarumba@gmail.com

Class: CRIMINAL LAW REVIEW

Teacher: JUDGE RIC BASTASA

quiz in criminal law nov 5 2020

Word count: 1294

A. Felonies may be committed as follows, to wit

1. Deceit, is one whereby when the act was done with deliberate intent.

2. Fault, is one whereby the wrongful act results from imprudencem negligence, lack of foresight and lack of skill.

B. Abberation Ictus, arises when there is a mistake of the blow. this is committed when the intended victim and the actual victim are both present at the scene of the crime and because of poor aim.

II. Ex post facto law and bill of attainder may be distinguished from each other as follows.

Ex post facto law makes an act done criminal before the passage of the law and which was innocent when done, While Bill of Attainder, is legislative act which inflict without judicial trial;

Ex post facto law applies to all class of person, while Bill of Attainder applies only to limited class of person.

III.

A. No. the RTC shouid not grant the motion to dismiss the case. Under the Revised Penal Code, the, the criminal and pecuniary liablities will only be extinguished ifthe death of the accused occurs before final judgment. Here, the accused died three days after the Court of Appeal issued an Entry of Judgment, which entry connotes that the judgmenty of conviction was already final and executory;

B. Yes, I will give a different answer, assuming that Tibursio's death occured before the C.A rendered its decision. Under the law, the criminal and pecuniary liabilities will be extinguished if the accused died during the pendency of the case and before the judgment becomes final. Here, since the accused was died while the was still pending and before the Court of Appeals rendered its decision, Hence, the criminal and pecuniary liablities of Tibursio is extinguished.

IV.

A. Procopio committed the crime of Paricide. Under the law, a person who killed his/her spouse, children, legitimate descendants or legitimate ascendants shall be guild of Parice, Here, the killing of Bionci does not fall in death under exceptional circumstance on simple reason, Magna was female. Hence, Procopio committed the crime of Paricide.

However, Procopio can avail the mitigating circumstnace of Passion or Obfuscation because at the time of the killing, he was blinded by an impulse so powerfull enough when he caught his wife in the act of love making with another woman.

B. No, My answer will not be the same. Under the law, any person, who killed another without the presence of qia;ifying cricumstances is only guilt;y of the crime of Homicide,

IV.

A. No. Talia cannot invoke the defense of Battered Woman Syndrrom in order to free herself from criminal liablity. Under the law, in order not to incur criminal liablity, there must be a cycle of physical violence. Here, Dion was just merely drinking an alcohol and do nothing to Talia, it cannot be considered as violence at that instant. hence, Talia cannot free herself from any criminal liability.

B. Yes. My answer will not be the same. This time, Talia can invole the defense of Battered Woman Syndrome in order to free herself from criminal liablity. Under the law, any person who is suffering from from a Battered Woman Syndrom does not incur any criminal liable. Here, there was already a cycle of violence when Dion beat Talia for the second time. Hence, Tailia's act is justified notwithstanding the absence of any cricumstnaces that would justify her act, she still frree from any criminal liablity. Hence, Talia did not incur any criminal liablity.

VI.

A. I will advice Adamos that can run for senator in the next election. True that when the President granted and extended an absolute pardon to Adamos including the express remiitance of the principal penalty of Reclusion Perpetuar, it likewise remitted the accessories penalties although it was silent in the pardon.. Here, since the pardon was absoluite, case law ruled the prinicpal penalty and all its effect including the accessory penalties are likewise remmitted. Thus, Adamos is not disqualifed to run for senator or any other elective office/posistion.

B/ Yes. My answer will be the same. Under the law, the granting of an Amnesty obliterates not only the princial penalty but likewise all the accessory penalty as if no crime or crimes have been committed. Hence, I will advice Adamos that he is not disqualified and he can run for senator or any other elective office.

VII.

A. No. If i were the judge,, I will deny his Motion To Quash for lack of legal basis. Underr the law, when the convict evaded the service of sentence an went to another coumtry. the implementation and execution of Penalty does not run. Here, when Taylor went to the United State before he commenced to serve his sentence, the Prescrimption of Penalty does not run. Hence, The penalty was not prescribed.

B/ Yes. My anwer will still be the same. Under the law, prescription of penalty will begin to run when the accused has already serve his sentence and while serving the same, he was able to avade and wentt to another country where the Philippinej has an extradition treay. In the case at hand, since Taylor has not yet commenced the service of sentence, the prescription of penalty does not begin to run.

VIII,.

A. Mayor Maawan commited the crime of Technical Malversation. When a public officer of employee used the money or property to another purpose other than to which it was appropriated, he is liable of Technical Malversation. Here, the diversion for another public purpose is immaterial. Hence, Mayor Maawan can be held liable for Technical Malversation.

B. No. the Mayor cannot invoke the defense of good faith. The Supreme Court had the occasion to tule that the crrime of Technial Malversation is malum prohibitum because of the appropriation to which the public fund of property was intended. Herre, regardless of the good fiath of the Mayor, he still criminally liable becuase in Malum Prohibittum, good faith is immaterial.

IX.

A. Emilio can invoke the defense of Instigation in order to free himself from criminal liablity. Instigation arises when police officer instigated a person to commit a crime, whithout which, the crime would not have been occure. To exempt from criminal liablity, the law requires that the idea of instigation must come from police officer. here, Spo3 Rello instigated Emilio to act as poseur-buyer. which such idea, Emilio would not commit such criminal act. Hence, Emilio is exemption from any criminal liability be reason of instigation.

B. No., Rado cannot adopt as his own Emilio defense because of Entrapment resorted to by police officers. Under the law, Enttapment signifies ways and means resorted to by police officers to arrrest violators of law. Even without the entrapment, the perpetrators already violated the law. Here, the act of possession illegal drugs is already a criminal act, hence, Rado cannot adopt the defense of Emelio.

A. Honesto commited the crimes of Murder becasuse of the presence of the agrgravating circumstance of evident premidation and night time and Slight Physical Injuriy becasue the medical attention requires only two days. The said two crimes cannot be complex becuase the law is clear that Complex Crime arises only when a single act constitute two or more grave or less grave felonies. Here, while there is only a single act, the resulting crimes however were not grave or less grave felonies. but only grave and light felony. Hence, Honested is liable for Murder and Slight Physical Injure.

B. No, My answer will not be the same. This time, Honesto committed the complex crime of Murder with Serious Physical Injury. the two crimes falls within the concept of complex crime becuse they are both grave felonies arsing from a single act.

XI.

RENANTE CARUMBA

REY GAVINO CADAG

2020-11-10

Email: reygavinocadag@gmai.com

Class: REFRESHER

Teacher: JUDGE RIC BASTASA

quiz in criminal law nov 5 2020

Word count: 1012

constitutea. Felonies are committed by means of deceit and also by means of fault. There is deceit when the act is committed with deliberate intent to commit a wrong, and there is fault when the act is committed by neglegence, imprudendence, lack of foresight and lack of skill.

b. Aberratio ictus is when the crime committed is different from the person he intent to commit a crime as there is a mistake in the blow.

II. Ex post facto law is a law arises when the crime is committed there is yet no law punishing that crime.

Bill of Attainder is legistating a law which provides that no law shall be enacted that inflicts a penalty without a trial.

111. No. Acting on the Motion To Dismiss filed by accused through counsel should be denied because civil liability applies only when the accused dies during the penency of his criminal case. in the case at bar, the accused died after the finality of jugdment which could be enforced upon his property.

b. Yes, because Tiburcio died during the pendency of his case while on appeal. Civil liability arising from a crime should be dismissed as well as the criminal case.

IV. Procopio wjll be charged for parricide in killing his wife and murder for killing Magna but the most appropriate is a charged under the Revised Penal Code of Death under Exceptional Circumstances as he suprisingly saw his wife with sexual intercourse with another woman. the law did not distinguished if the person having sex with his wife is a man or a woman it is sufficient that they have a sexual intercouse as women could use vibrator or replicas of a male organ to use in their sexual congress.

b. Yes, if procopio and Bionci were common-law spouses, he cannot be charged under the crime of Death Under Exceptional Circumstances because the Article refers only to legitimate relationship.

V. Yes Talia could invoke the defense of Battered Woman Syndrome as it is considered a comlete self defense when she could prove the justiying circumstance, first she suffered consecutive beating from her husband and second there is abusive tendency of her husband to beat her again an again.

No. if the beating after the second time only is not sufficient because it lack enough time to consider that Battered Woman Sybdrome as all the elements were met. To see that Dion has no more chances of changing his ways being a husband and it was alresdy clear for Talia to defense her self.

Vi. The advice i give to Adamos is that his absolute pardon granted to him by the President will allow him to run for senator because the absolute pardon erased his all criminal liability encluding his disqualification to run in elction.

Yes, if his crime of rebellion was erased because of the act of congress, his has the right to run for election. His liability is erased.

VII. a. No. Acting on his Motion to Quash on the ground of prescription will be denied because prescrition will not run when the accused will abscond and stay abroad. It is different when he is the Philippines where the court has jurisdcition over the crime.

b. Yes. the answer is the same because prescription will not run when the accused is out of the country.

VIII. a. Mayor Maawain will be charged of Techical Malversation because diversation of funds from one program which there is appropriation law to another program constitutes the crime of Techical Malversation.

b. In Technical Malversation a defense of goo faith and that he had no evil intent is not a defense because it is a crime under mala prohibita.

IX.

X. Honesto committed a Murder against Melba with aggravating circustance of using a gun and Slight Physical Injuries in hitting the bystander in his arm.

b. The crime is still the same for Melba but for the Bystander wil be Serious Physical Injury because of the seriousness of the wound that resulted to blindness.

XI.

XII. Ando's contention has on merit because while the plane was already inflight and the jurisdiction over the case still belongs to the Philippines as the crime committed pertained to the management and crew of the plane but it pertaine to the safety of the passengers which within the jurisdiction of the place where the plane has landed.

Xiii. Yes. She will be charged of Estafa and Violation of Blg. 22 because there was a deceit that the check is issued and assured to be sufficient of funds, she demand for payments and when deposited the checks had no funds, that al the elements of Estafa are present in the case at bar.

XIV. a. Dela committed a crime of Siple Illegal Recruitment be cause by mere promising to deploy for empoyment abroad constitutes the crime of Illegal Recruitment

B. Dela committed a Crime of Illegal Recruitment in Large Scale for having recruited three persons and promised to deploy said persons is liable under said law.

XV.

XVI.

XVII. a. Higino committed the ctime of parricide in killing his wife.

For the child Higino committed Intentional Abortion because the child lived for more 36 hours where the child acquired civil personality. it is not murder because the fetus was still inside the wound and died only when he was expeled prematurely.

b. Yes. the answer is still the same, the killing is Parricide and the fetus is still has no personality for Higino to be charged with killing the baby.

XVIII. Lito is charged for Murder in killing Brutus, his minority is a mitigating because under the law the accused is 15 yera old and aboved which he is already has capacity prescibed by law.

XIX a. Bruno committed the crime of Thief because he has the intent to gain, used the money which did not belong to him.

b. The Chief of Police committed a crime of Thief because the money is not publis funds. it is belong to someone which the Chief of Poice used in his benefit.

XX.

REY GAVINO CADAG

ROJEAN CULANAG

2020-11-10

Email: rojeanculanag.rc@gmail.com

Class: CRIMINAL LAW REVIEW

Teacher: judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1452

a.) Under the Revised Penal Code, felonies are committed by means of deceit (dolo) and by means of fault (culpa).

There is deceit when the act is done with deliberate intent; and there is culpa when the wrongful act results from imprudence, negligence, or lack of foresight, or lack of skill.

b.) Aberratio Ictus means mistake in the blow. It is a manner of incurring criminal liability whereby the accused intends to injure one person but actually inflicts it on another.

Expost facto law is one which makes a criminal an act done before the passage of the law and which was innocent when done, and punishes such an act. Bill of attainder is a legislative act which inflicts punishment without judicial trial.

Expost facto law applies to all class of persons while a bill of attainder requires specification of certain individuals, the imposition of a punishment,penal or otherwise and the lack of judicia trial.

III

a.) Yes, the RTC should grant the Motion to Dismiss but only with respect to the imposition of the penalty of imprisonment.

Under the Revised Penal Code, the death of the accused before and after finality of his conviction extinguishes his criminal liability.

However, with respect to the civil liability of the accused, the same should not be dismissed because his death occured only after an entry of judgment was made by the Court of Appeals. Hence, the judgment was already became final and executory.

b.) Yes, my answer would be different if Tiburcio died before the Court of Appeals rendered its decision but only in so far as the civil liability of Tiburcio is concerned.

Under the Revised Penal Code, the death of the accused before and after finality of his conviction extinguishes his criminal liability.

However, with respect to his civil liability, the same will extinguished only if he died before the judgment of conviction became final and executory.

Thus, Tiburcio will cannot be made civilly liable if he died before the Court of Appeals rendered its decision.

a.) Procopio committed a crime of Parricide for killing his wife.

Under the Revised Penal Code, Parricide is committed when a person killed his wife or his father, mother or child, or any of his parents or ascendants.

Here, the person killed was the wife of Procopio and thus, he is liable for the crime of Parricide.

However, since the killing was attended by passion or obfuscation considering that Procopio, at the time of the killing, caught his wife making love, albeit, to another woman, his liability will therefore be mitigated.

b.) No, my answer will not be the same if Procopio and Bionci were common-law spouses.

In such case, Procopio will be liable for murder because he killed Bionci. The crime would be murder because it appears from the facts that there was treachery as the attack was sudden and unexpected. Procopio immediately grabbed the knife and stabbed Bionci without giving the latter opportunity to defend herself.

Further, the mitigating circumstance of passion or obfuscation can no longer be availed of by Procopio because their relationship was merely common-law spouses.

In a long line of cases decided by the Supreme Court, it ruled that passion or obfuscation can be availed only if it arouse from legitimate feelings. Such is not the case in common-law relationship.

a.) No, Talia cannot invoke the defense of Battered Woman Syndrome.

In one case decided by the Supreme Court, it ruled that to be classified as a battered woman, the couple must go through the battering cycle at least twice.

Here, the battering cycle has not yet reached twice because there was yet no battering incident that took place during the second cycle. In fact, Dion did not inflict any harm upon Talia when the latter stabbed him.

Hence, Talia cannot successfully invoke the defense of Battered Woman Syndrome.

b.) Yes, my answer would be different if Talia was beaten up a second time.

As ruled by the Supreme Court, to be classified as a battered woman, the couple must go through the battering cycle at least twice.

Thus, if Talia was beaten up a second time, then it would already be considered as a second cycle of violence and hence, Talia can already invoked the Battered Woman Sysdrome.

a.) I will advise Adamos that he can run for Senator in the next election because of his absolute pardon.

In one case decided by the Supreme Court, it ruled that an absolute pardon granted by the President extiguishes not only the pricipal penalty but also the accessory penalty even if the accessory penalty was not expressly included in the absolute pardon.

Thus, since the pardon granted to Adamos was absolute pardon,then he can run for senator in the next election.

b.) Yes, my answer will be the same if Adamos was granted amnesty.

The grant of amnesty to person charged with political crimes has the effect of obliterating the charged. It is as if the person never committed a crime.

Hence, Adamos can validly run for Senator in the next election.

VII

a.) No, the Motion to quash should be denied.

Under the Revised Penal Code, prescription of penalty runs only if the accused escape from confinement while serving sentence.

Here, Taylor has not yet served his sentence because he escaped while the judgment was being executed.

Thus, the Motion to Quash should be denied.

b.) Yes, my answer will be the same even if instead of the United States, Taylor was able to go to another country with which the Philippines had no extradition treaty.

It is worthy to note that Taylor has not yet served his sentence because he escaped while the judgment was being executed against him.

Thus, prescription of penalty has no yet commenced to run and therefore, his Motion to Quash should still be denied.

VIII

a.) Mayor Maawain committed a crime of technical malversation.

Under the Revised Penal Code, technical malversation exists when the public funds had been diverted to any public use other than that provided by law or ordinance.

Here, Mayor Maawain transferred the boxes of food from the feeding program to the shelter program.

Thus, he is clearly liable for technical malversation.

b,) No, Mayor Maawain cannot invoked the defense of good faith.

In one case decided by the Supreme Court, it ruled that technical malversation is a malum prohibitum and therefore, good faith or lack of evil intent is not a defense.

a.) Ernilo can invoked the defense of instigation.

In instigation, the officers of the law induce, instigate or lure an accused into committing an offense which he had no intention of committing. The criminal plan came from the law officers and not from the accused. Hence, in such case, the person instigated cannot be held criminally liable.

Here, Ernilo had no intention to commit the charged but rather, he was merely instigated by SPO3 Relio to act as poseur buyer of shabu and transact with Rado.

Thus, Ernilo cannot be held criminally liabe for the charged on the ground of instigation.

b.) No, Rado cannot adopt Emilio's defense since what was employed against him for his arrest is not instigation but entrapment.

There was entrapment here because ways and means was employed by the police officers for the purpose of trapping or capturing him. The criminal design here came from Rado himself and he was not instigated or lured by the authorities to commit the said crime.

Thus, Rado can be held criminally liable for the charged and he cannot adopt Enilio's defense of instigation.

a.) Honesto commited the crimes of murder for the death of Melba and slight physical injuries for the passerby.

He is liable for murder because there was treachery employed by him when he shoot the victim, although a wrong person. The attacked was sudden and unexpected without giving the accused an opportunity to defend himself.

He is also liable for slight physical injuries because without intent to kill, he accidentally hit a passerby which required medical attendance for two days.

Honesto is liable fot these two crimes even if it arise from a single act because the other crime which is slight physical injuries is a light felony and therefore, it cannot be complexed.

b.) No, my answer will not be the same.

In such case, the passerby who was hit in the left eye which caused his blindness will a constitute serious physical injury which is a grave offense.

Hence, Honesto will be held liable for a complex crime of murder with serious physical injuries.

a.)

ROJEAN CULANAG

Vera Nataa

2020-11-10

Email: vnataa@gmail.com

Class: Criminal Law

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1989

Felonies are committed either by means of deceit or by means of fraud. Commission by means of deceit exist when the act is performed with deliberate intent. There is fault, on the other hand, when the wrongful act is due to the negligence or lack of foresight of the offender.

II.

Aberratio ictus means mistake in the blow wherein the offender intends to injure a certain person but the damage fell on another person.

III.

a) Yes, the RTC should grant the Motion to Dismiss. The death of Tiburcio extinguishes criminal liability at any stage of the proceeding for the reasson that the penalty requires personal service of sentence.

b) No, I will not give a different answer. As already explained, death extinguishes criminal liability at any stage of the proceeding. The law does not qualify the stage for such extinguishment, unlike civil liability. However, when the accused died while the judgment of conviction was pending appeal, both his criminal and civil liabilities shall be extinguished.

IV.

a) Procopio committed the crime of parricide. Any person who shall kill his spouse shall be guilty of the crime of parricide. In this case, he cannot invoke the defense of death under exceptional circumstances since one of the requisites is that there must be sexual intercourse. In the case presented, both are women, hence cannot perform sexual intercourse at define by law. However, his liability can be mitigated because of the presence of passion and obfuscation.

b) No, my answer will be different. If Procorpio and Bionci were common-law spouses, Procorpio would be liable for homicide. In the crime of parricide, it is required that the relationship between spouses is legitimate and valid. However, his liability can be mitigated because of the presence of passion and obfuscation.

a) No, Talia cannot invoke the defense of Battered Woman Syndrome to free herself from criminal liability. To invoke application of Battered Woman Syndrome, it must be proved that there was at least two cycles of violence. Each cycle must consist of three phases wherein minor battering occurs, when there is already brutality in such battering, and when such battering ends, the batterer shows tender behavior towards his partner.

In the case presented, the violence did not occur in two cycles. There was only one complete cycle of violence. After the first cycle, there was only verbal abuse. Hence, Talia cannot invoke the Battered Woman Syndrome.

b) It depends. My answer will still be the same if the second cycle of violence is incomplete. It must be noted that the third phase requires that there must be showing of tender behavior towards the victim. Without such phase, my answer will still be the same. Provided, however, that there was at least two complete cycles of violence, Talia may invoke the defense of Battered Woman Syndrome to free herself from criminal liability.

VI.

a) I will give him an advice that he cannot run for Senate. After he was convicted of plunder, the President granted him absolute pardon which abolishes the punishment imposed on him. However, pardon generally looks forward. Unless there is an express restoration of his right to hold public office, he cannot run for Senate.

b) My answer will be different in case Adamos was granted amnesty from the government. Amnesty, unlike pardon, looks backward and abolishes the offense. Hence, it is as if he had not committed such offense. Thus, Adamos, may run for Senate since his crime was totally obliterated by virtue of the amnesty granted.

VII.

a) If I were the judge, I would not grant the Motion to Quash. Under the RPC, the prescription of penalty applies when there is already conviction by final judgment and when there is service of sentence depriving a person of his liberty. In this case, Taylor was never deprived of his liberty since he left the Philippines without serving his sentence. Thus, the penalty imposed was not yet prescribed.

b) My answer will still be the same even if Taylor was able to go to another country with which the Philippines had no extradition treaty, since there's still no service of sentence depriving him his liberty.

VIII.

a) The Mayor committed the crime of technical malversation. Under the RPC, any public officer is guilty of the crime of technical malversation when he shall apply any public funds under his administration to any public use other than the appropriate use of such fund as mandated by law.

In this case, Mayor Maawain approved the withdrawal of ten boxes of food from X Municipality's feeding program, which were given to the families of the beneficiaries of the shelter assistance program. The appropriations for the funds pertaining to the shelter assistance program and those for the feeding program were separate items on X Municipality's annual budget. Consequently, the funds were specifically appropriated by law for specific purpose. Hence, the act of Mayor constituted a crime of illegal use of public funds or property.

b) No, Mayor Maawain cannot invoke the defense of good faith and that he had no evil intent when he approved the transfer of the boxes of food from the feeding program to the shelter assistance program. In the crime of technical malversation, criminal intent is immaterial.

IX.

a) Emilo may invoke instigation by PDEA team leader as a defense to free himself from criminal liability. Instigation occurs when a law enforcer conceives the commission of the crime and suggests to the accused the idea who subsequently carries the execution. Consequently, after such officer induces an innocent person to commit a crime, he would thereafter arrest him for the commission of the crime. It can be invoked as an absolutory cause.

In this case, Emilo was approached by SP03 Relio, a PDEA team leader, to act as poseur-buyer of shabu and transact with Rado. Despite initial refusal, Emilo was prevailed upon to help when SP03 Relio explained that only he could help capture Rado because he used to be his customer. Applying the provision aforementioned, Emilo must be acquitted.

b) No, Rado cannot adopt as his own Emilo's defense. Unlike Emilo, Rado committed the act of selling prohibited drugs and was never induced by any law enforcer to commit such crime.

a) Honesto committed the crime of homicide and a separate crime of slight physical injury. Although the wrongful act was done to another person different from the intended person, a criminal liability is incurred. In this case, there was a mistake in identity when Melba, the victim, was shot dead instead of Wilma, the intended target. Moreover, Honesto is liable for the crime of slight physical injury for the injury sustained by another passerby.

b) If the other passerby was hit in the left eye which caused his/her blindness, Honesto shall be liable for the complex crime of homicide with serious physical injury. In this case, a single act of Honesto cause a grave felony against Melba, and a less grave felony against other passerby.

XI.

Nel, Ben, Ardo, and Gorio are criminally liable for theft. Also, Nel is liable for the crime of homicide. In this case, the elements of the crime of theft are present. They took the money, jewelry and other valuables in the house and immediately left using the getaway car. Moreover, Nel committed the crime of homicide when he kept hitting Fermin until he stopped making noise and died.

XII.

The contentions of Ando lack merit. Under the law, the Philippine territory extends up to three miles. The fact that the vessel is registered in Malaysia is irrelevant since the killing was done within the Philippine territory. As presented in this case, the killing happened just a few moments after the vessel left the port of Manila.

XIII.

Yes, the charges against Elen will prosper. Elena can be charged with estafa and a separate crime in violation of BP 22. A single act may give rise to two or more offenses. The law prohibits the prosecution of the same offense, but not the prosecution of the same act. In the case at bar, the elements of the crimes of both estafa and BP 22 are present.

XIV.

a) Dela committed the crimes of illegal recruitment and estafa. Dela employed deceit to induce Nita. Nita would have not given her money if she knew. Apparently, Dela is guilty of illegal recruitment and estafa.

b) Assuming that the promise to deploy for employment abroad was made by Dela to Celia, Digna, and Emma, in addition to Nita, and from whom Dela also collected the same amount of processing fee, Dela committed a crime of illegal recruitment in large scale and estafa.

XV.

Dancio did not commit a crime. Provided there is final judgement, he shall be liable for evasion of sentence. Brusco may be held liable for obstruction of justice. Edri may be held liable for infidelity in the custody of prisoners. His negligence resulted to the escape of Dancio.

XVI.

Mayor Abral committed a crime of falsification of public document when he made it appear by signing the marriage contract that he solemnized the marriage, when in fact, he did not. On the other hand, Donato committed a crime of usurpation of official function when he solemnized the marriage which should have been the function of Mayor Abral.

XVII.

a) Higino committed a complex crime of parricide with infanticide. Two crimes were committed in a single act of punching his wife which constitute two grave felonies.

b) Assuming that when the incident occurred, Aika was only six months pregnant, and she she died, the fetus inside her womb also died, Higino committed a complex crime of parricide with unintentional abortion. In this case, Higino had no intention to cause abortion.

XVIII.

Lito committed the crime of murder. Even though Lito is still a minor aged fifteen years and one month old, he can be held criminally liable if he acted with discernment during the commission of the offense. In the case at bar, Lito killed Brutus under circumstances which Brutus did not have the opportunity to defend himself and by means that he can ensure the execution of the offense. It is apparent in this case that Lito acted with discernment. Evidently, Lito premeditated the killing.

XIX.

a) Bruno committed the crime of theft. A crime is committed even by any person who found lost property but failed to deliver the same to its owner or the authorities. In this case, Bruno took the money and used it to pay his debt instead of giving the same to the authorities when he has the opportunity to do so.

b) Assuming that instead of using the money, Bruno turned over the wallet and its contents to the nearby police station, and it was the chief of police who appropriated the money for his own benefit, the chief of police committed that crime of malversation.

XX.

Senio committed the crime of attempted arson. In this case, Senio proceeded to pour gasoline aroung the walls of the house but failed to perform the act of burning Bal's house when he was caught by the police.

XXI.

a) No, Hector's charge of adultery against Wendy and Ariel will not prosper. Adultery is committed by a married woman who shall have sexual intercourse with another man not her husband. Since Wendy is born male, there can be no valid marriage. Consequently, he cannot be charged with adultery.

b) Impossible crime is an offense against persons or property which would have been committed by any person were it not for the impossibility inherent of its accomplishment. In this case, there can be no impossible crime since adultery is a crime against chastity.

XXII.

Charlie must be convicted of a crime of qualified rape. In this case, the victim is under 14 years old and the offender is his stepfather. The element of the crime are present for its conviction.

Vera Nataa

Virgilio Encabo

2020-11-10

Email: jing86virenc@gmail.comi

Class: Criminal Law

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1370

a. Felonies are committed either by deceit but also by means of fault. There is deceit when the act is performed with deliberate intent. There is fault when the wrongul act results from imprudence, negligence, lack of foresight or lack of skill.

b. Aberration Ictus is a latin phrase which means mistake in the blow. It occurs when the offender delivered the blow at his intended victim but missed,instead, it landed on the victim who is not the intended one.

II.

An ex post facto law maybe distinguished from the bill of attainder, in this wise:

An ex post facto law is one which either make criminal an act done before the law is passed and which was innocent when done, and punishes the act. While a bill of attainder .

III.

a. Criminal Liability is extinguished by death of the accused as to personal penalties before final judgement. In the case at bar, Tiburcio died three days after the Court of Appeals has issued the entry of judgment and remanding the case to the RTC. In this stage, there was no final judgment yet, however, since the accused died before the finality of judgment therefore the criminal liability of the accused is totally extinguished by his death. Hence, RTC should grant the motion to dismiss the case.

b. No, my answer will be the same because death of the accused occurred before final judgment on the case is rendered.

IV.

a.) He committed nothing. Procopio's act of killing Bionci is death under exempting circumstance. He is therefore free from criminal liability.

b.) If Procopio and Bionci were common-law spouses, my answer would be different. Procopio would be held criminally liable for homicide as the killing was not attended by any circumstance provided in the crime of murder.

a.) Yes, Talia can invoke the defense of Battered Woman Syndrome. To invoke the Battered Woman Syndrome, the accused should prove the existence of psychological and behavioral symptoms that resulted in cumulative abuse found in Women living in battering relationships. Here, it was evident from the facts that the accused underwent battering relationships showing verbal abuse hurled by the offender-victim Dion including the act of beating Talia. Therefore, Talia is justified in invoking the Battered Woman Sydrome.

b. No, my answer would not be the same as the law on Battered Woman Syndrome requires the occurence of such psychological and behavioral symptoms.

VI.

a.) No, Plunder is not pardonable offense.

b.) No, my answer will not be the same since rebellion, being a political offense, can be extended amnesty.

VII.

a.) No. If I were the judge, I would not grant Taylor's Motion to Quash, the penalty against him has not yet prescribed because prescription stops to run when failed to appear during the execution of judgment.

b.) No, my answer will not be the same. In a country where there is no extradition treaty, the accused cannot be deported to effect valid arrest.

VIII.

a.) The Mayor commited the crime of technical malversation of funds when he diverted the use of such funds to a purpose not authorized by law.

b.) No, Mayor Maawain cannot invoke the defense of good faith because the crime he committed is Mala in Se, it is evil in itself.

IX.

a.) Inorder that the crime of illegal sale of drugs could prosper, the following requisites should be present: 1.) Proof that there is the transaction that took place and 2.) There is the presence of the Corpus Delicti or the illicit drug. In the case at bar, it is clear that there was a trasaction that transpired between Rado and Ernilo. The SPO3 Relio and his team acted the instigation of the crime.

b.)

a.) Honesto committed an impossible crime against Wilma; Homicide for accidentaly killing Melba, without the attendant circumstance of Article 248 of the Revised Peanl Code; and, Less Serious Physical Injury for harming passerby which requires medical attendance for two days.

b.) My answer would not be the same if the other passerby was hit in the left eye which caused/her blindness for here, Honesto can be held liable for Serious Physical Injury or Frustrated Homicide.

XI.

Nel, Ben, Ardo and Gorio can be held liable for the crime of Robbery with Homicide. Gorio, being in-charge of the getaway car will be held liable as an accomplice in the crime of robbery with homicide. And, Ardo, who serve as a lookout, can also be held liable for robbery with homicide.

XII.

Ando's contention is bereft of merit. Under the law, crime committed within Philippine waters on board a foreign vessel is triable in the Philippine Court because the act disturbs the tranquility or peace of the Philippines. Therefore, Ando can be prosecuted in Manila.

XIII.

Yes, the case of estafa and violation of BP Blg. 22 will prosper. The elements of violation of BP 22 are as follows 1.) the making, drawing , and issuance of any check to apply for account or for value, 2.) there is knowledge of the maker , drawer or issuer that at the time of issue of the check , there are no sufficient funds, 3. there is subsequent dishonor of the check. Here, Elen had knowledge that she has insufficient funds of the check. Hence, she is guilty of violating BP 22. She is also guilty of Estafa through deceit.

XIV.

a.) Dela committed the crime of illegal recrutiment. There is illegal recruitment when a person, not having authority or license, engaged in the recruitment and placement of workers.

b.) My answer would not be the same because here, Dela could be held liable for large scale illegal recruitment. There is large scale illegal recruitment when a person, not possessing authority, had engaged in recruitment of three or more persons. Here Dela recruited Celia< Digna, and Emma, in addition to Nita.

XV.

Edri committed the crime of infidelity in the custody of person and Direct Bribery for receiving gifts from Brusco. Brusco, in turn, will be liable for Direct Bribery of a Public Officer. Dancio, can be held guilty of direct assault for disarming the guards and evasion of service of sentence for escaping the place of confinement.

XVI.

a.) Higino has committed the crime of parricide for killing her wife and infanticide for

b.)

XVIII.

Lito is not criminally liable under the circumstances of the given case. Under the Juvenile Delinquency act, if the offender is fifteen years old or less at the time of the commission of the offense, he would be exempt from criminal liability but not from civil liability. If the offender was more than fifteen years olde but less than eighteen years old at the time of the commission of the offense, he would be proceeded against unless he acted with discernment. Here, Lito is over fifteen years old and he acted with discernment.

XIX

a.) Bruno committed the crime of theft. Theft is committed when the person take a thing without the consent of the owner.

b.) The Police committed the crime of estafa through misappropriation because he used for his own benefit the proceeds of the crime.

XX.

Senio committed the crime of Arson because the gasoline he poured around the walls even though unlitted already consummated the crime of arson.

XXI.

a.) No, the charge of adultery will not prosper. Adult is committed between a man and woman. The woman who engaged in a sexual relationship with a man not her husband. In the given case, Wendy was a male who just underwent sex reassignment. Therefore, the crime of adultery cannot prosper.

b.) An impossible crime is a crime against person or property had it not for the impossiblity of its commission or due to ineffectual means of committing it. there cannot be impossible crime of adultery.

XXII.

I will rule in favor of Charlie. AAA is 14 years old. The law provides that when the victim of the rape is under eighteen years old and the offender is a step parent the crime is one of qulaified rape.

Virgilio Encabo

student answers to criminal law quiz nov 5, 2020

agapito Balili

Email: sanbasec.balili@gmail.com

Class: Political/Criminal

Teacher: Atty. Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 866

Aisha Mie Faith Fernandez

Email: mie.aisha23@gmail.com

Class: Criminal Law Review

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1482

Ameliano Himang

Email: mhelghimang49@gmail.com

Class: Criminal Law Review Class

Teacher: Judge Ric Bastasa

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Word count: 1146

Anilyn Evangelista

Email: anilyn_evangelista114@yahoo.com

Class: Criminal Law Review

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1758

Ariel Acopiado

Email: spitfirea211@gmail.com

Class: 4th Yr - Criminal Law

Teacher: Judge Ric S. Bastasa

quiz in criminal law nov 5 2020

Word count: 2514

Arnold Bongcayao

Email: arnoldbongcayao@gmail.com

Class: Criminal Law Review

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 981

BOBBY BORCES

Email: borcesbobby@gmail.com

Class: CRIMINAL LAW REVIEW

Teacher: JUDGE RIC S. BASTASA

quiz in criminal law nov 5 2020

Word count: 2509

Cherrie Mae Granada

Email: cherriemae.aguila@gmail.com

Class: Criminal Law Review

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1961

Christian Val G Dionglay

Email: christianval4680@gmail.com

Class: Criminal Law review

Teacher: Judge Ric S Bastasa

quiz in criminal law nov 5 2020

Word count: 1279

cyrus Tingcang

Email: cyrust2011@gmail.com

Class: Juris Doctor fourth year

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

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Dexter Kim Patron

Email: dpatron2005@yahoo.com

Class: Political Law Review

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1760

eduardo luayon

Email: eduardomluayon@gmail.com

Class: Crim Law review

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1212

ferdinand solas

Email: ferdinandsolas55@gmail.com

Class: crim. law

Teacher: Judge Ric Bastasa

quiz in criminal law nov 5 2020

Word count: 1519

Florencio Saministrado Rr.