1.

What are the elements of Piracy in General and Mutiny on the high seas
or in the Philippine seas?
2. A, B, C, D are not Filipino Citizens. They robbed a ship on the coasts of
China. They also left the shift with holes in order and hoping that it will
sink. They also raped a woman named sally. After several months, the
Philippine police found their location in Manila where they are currently
residing. The police arrested them. The accused contended that the
charge is not within the jurisdiction of the Philippine courts and that the
facts do not constitute a public offense under Philippine laws. Will the
defense of the accused prosper?
3. A, B, C and D robbed a cargo vessel as armed pirates. The vessel
contains gasoline kerosene and other oil. They took over the vessel and
proceeded to Singapore where the cargoes were unloaded and the oil was
sold with the supervision of a Chinese national. The Chinese contended
that he should not be included in the charge of piracy. He contends that
he should not be convicted as an accomplice when the acts committed by
him were executed outside of the Philippine territory, removing the
jurisdiction of the Philippine courts to hold him for trial, convict and
sentence. Will the defense prosper?
4. While the SS Nagoya Maru was negotiating the sea route from
Hongkong towards Manila, and while still 300 miles from Aparri, Cagayan,
its engines malfunctioned. The Captain ordered the ship to stop for
emergency repairs lasting for almost 15 hours. Due to exhaustion, the
officers and crew fell asleep. While the ship was anchored, a motorboat
manned by renegade Ybanags from Claveria, Cagayan, passed by and took
advantage of the situation. They cut the ship's engines and took away
several heavy crates of electrical equipment and loaded them in their
motorboat. Then they left hurriedly towards Aparri. At daybreak, the crew
found that a robbery took place. They radioed the Aparri Port Authorities
resulting in the apprehension of the culprits.
What crime was committed? Explain. 2.5%
Supposing that while the robbery was taking place, the culprits stabbed a
member of the crew while sleeping.
What crime was committed? Explain. 2.5%

5. What are the elements of qualified piracy?

6. What are the elements of Arbitrary Detention?
7. Major Menor, while patrolling Bago-Bago community in a police car with
SPO3 Caloy Itliong, blew his whistle to stop a Nissan Sentra car which
wrongly entered a one way street. After demanding from Linda Le-Hua,
the driver, her driver license, Menor asked her to follow them in the police
precinct. Upon arriving there, he gave instructions to Itliong to guard LeHua in one of the rooms and not to let her out of sight until he returns;
then got the car key from Le-Hua. In the meantime, the latter was not
allowed to make any phone calls but was given and access to a bathroom.

When Menor showed up after 2 days, he brought Le-Hua to a private

house and told her that he would only release her and return the car if she
made arrangements for the delivery of P500K in a doctors bag in a
certain place within the next 24 hours. When Menor went to the
designated spot to pick up the bag of money, he suddenly found himself
surrounded by several armed civilians who introduced themselves as NBI
agents. What is the crime committed of Major Menor?
8. What are the ways of committing arbitrary detention?
9. What are the legal grounds for detention?
10. When is an arrest by a peace officer or by a private person considered
lawful?
11. What are the elements of the crime Delay in the Delivery of detained
persons to the proper judicial authorities?
12. What does delivery of detained persons to the proper judicial authority
means?
13. When does the period of in the delivery of detained person stops from
running?
14. Juan, a policeman, from the city of manila arrested B, C, D on April 2
2016 for the crime of robbery. Juan presented a complaint against the with
the fiscals office of Manila. Until April 17, B, C, D are still detained and the
fiscal had not yet released or filed an information with the proper court of
justice. Are B, C and D illegally restrained of their liberty?
15. Who are examples of the Public officers contemplated under the law
that can be charged of arbitrary detention?
16. Can a Police Officer be held liable for the crime of Arbitrary Detention
if there is a warrant of arrest?
17. A Police Officer, while on patrol, heard people shouting patayan,
saksakan and saw a person running with a knife on his hand naked from
waist up with bloodied arms. He arrested the said person. It turned out
that such person is a pig butcher who has just butchered a pig and
running away from the scene of incident. Can the police officer be held
liable for arbitrary detention?
18. A police officer maintained that he arrested a person because he
wanted to see if the person has committed the crime or not. Is this
argument proper?
19. Juan, who is rumoured to be a member of a drug syndicate, is arrested
by Police Officer Pedro on the grounds unknown to Juan. Juan was
detained for 7 days. Juan was given the privilege to go out of the prison
cell as he wish and can even take his meal outside the prison as long as he
is with the guards. The relatives of Juan filed a suit against Police Officer

Pedro and charged him for the crime of arbitrary detention. Is the charge
correct?
20. Supposing, that Juan, had an opportunity to escape, can the family still
charge PO Pedro of the crime of Arbitrary Detention?
21. What is the difference between Arbitrary Detention and Delay in the
delivery of detained persons to the proper judicial authorities?
21. What is the difference between Arbitrary Detention and Delay in the
delivery of detained persons to the proper judicial authorities?
22. What are the elements of Violation of Domicile?
23. True or False. A policeman who, without judicial order, enters a private
house over the owners opposition is guilty of trespass to dwelling.
24. What is the difference between Violation of Domicile and trespass to
dwelling?
25. Juan a police officer obtained a search warrant to search the house of
a certain Pedro Cruz, who is being suspected to have a laboratory of
illegal drugs in his house. The search was made and true enough, the
authorities found the machines and tools that Pedro used in
manufacturing illegal drugs. Pedro was arrested. On Trial, Pedro
contended that his Domicile has been violated because Police Officer Juan
entered his dwelling against his will and without his consent, thus the
violation of due process. Is Pedros contention correct?
26. Supposing, Juan is an enemy of Pedro. Without search warrant, Juan,
acting in his capacity as a public officer, entered the house of Pedro and
made a search wherein Pedro found the illegal drugs manufactured in the
house of Pedro. On trial, Pedro alleged that it is against his consent, that
Juan should enter his dwelling. He further argues that Juan should be
liable of Violation of Domicile under the revised penal code on the grounds
that Juan search his domicile without a search warrant. Is the contention
of Juan correct?
27. Juan a police officer, strongly believes that his neighbour, Pedro, is
manufacturing illegal drugs in is house. While on duty, he noticed Pedro
went out of his house at around 3PM. Juan took the opportunity to search
Pedros house. He secretly entered the dwelling using the door at the
back. Suddenly, Pedro came back the house because he forgot something.
Right then and there, upon opening the front door, he saw Juan searching
his house. Pedro required Juan to leave the house immediately but Juan
refused to do so. Pedro, filed a charge against PO Juan for the violation of
the Revised Penal Code for the crime of Violation of Domicile. Can PO Juan
be held liable for the crime charged?
28. What are the elements of the crime of Robbery?
29. A, B, C and D all armed, robbed a bank, and when they were about to
get out of the bank, policeman came and ordered them to surrender but
they fired on the police officers who fired back and shot it out with them.
(1) Suppose a bank employee was killed and the bullet which killed him

came from the firearm of the police officers, with what crime shall you
charge A, B, C and D? (2) Supposing it was robber D who was killed by the
police man and the prosecutor charged A, B and C with Robbery and
Homicide. They demurred arguing that they were not the ones who killed
Robber D; hence the charge should only be robbery. How would you
resolve their argument?
30. Juan entered the house of another without employing force or violence
upon things. He was seen by a maid who wanted to scream but was
prevented from doing so because Juan threatened her with a gun. Juan
then took the money and other valuable and left. Is Juan guilty of theft or
robbery?
31. Jose employed Mario as a gardener and henry as a cook. They learned
that Jose won 500 Million Pesos in the lotto and decided to rob him. Mario
positioned himself about 30 meters away from Joses house and acted as
look out. Henry, secretly entered the house and killed Jose while having
dinner. Henry found the 500M and took it. Henry then took a can of
gasoline from the garage and burned the house to conceal the acts. Mario
and Henry fled, but were arrested around 200 meters away from the house
by alert barangay tanods and recovered the 500M.
Mario ad Henry were charged and convicted of robbery with homicide,
with aggravating circumstances of arson, dwelling and night time.
Mario moved to reconsider the decision maintaining that he was not at the
scene of the crime and was not aware that henry killed the victim; hence
he was guilty only of robbery as an accomplice. Mario also claimed that he
conspired with Henry to commit robbery but not to kill Jose. Henry,
likewise moved to reconsider the decision, asserting that he is liable only
for attempted robbery with homicide with no aggravating circumstance;
dwelling is not aggravating in attempted robbery with homicide. Night
time should also not be considered aggravating because the house of Jose
was lighted at the time he was killed. Resolve with reasons the respective
motions of Mario and Henry.
32. What are the kinds of Robbery?
33. Pedro found a Rolex watch in the CR in one mall in Manila. Without
knowing the owner, he kept it and intended to sell to his friend Juan. Can
Pedro be held liable for the crime of theft because he has the intent to
gain out of a property he does not own?
34. Will the contention of the accused that the intent to gain is not
sufficiently established by the prosecution prosper?
35. Can the illicit articles be the object of robbery?
36. Is the contention of the accused in the crime of Robbery, that the
offended party is not the owner of the property meritorious?
37. What is the difference between robbery with violence and intimidation
vs robbery with force upon things?

38. Juan entered a house with a purpose of getting the jewellery box of
the owner of the house. The maid left the door open and Juan gained the
opportunity to enter the house. Juan was able to get the jewellery box but
was eventually apprehended after 2 days. The owner of the house has
charged him with robbery. Can Juan be held liable for the crime of
robbery?
39. Juan, who owns the house, where a conspiracy to rob a bank occurred,
was charged as a co-conspirator for crime of robbery committed by the
band who met in his house. The leader asked him to join the band to rob
the bank in Makati but he said he cannot join due to his wounded foot. Is
the charge against Juan, as a co-conspirator correct?
40. Juan robbed a bank and killed the security guard. He was charged for
the crime of Robbery with Murder. Is this correct?
41. What is the crime committed if there is no intent to gain present in the
violence inflicted upon the victim?
42. Cris, jon, Richard and Luke are fraternity brothers. To protect
themselves from rival fraternities, they all carry guns where ever they go.
One night after attending the party, they boarded the taxicab and held the
driver at gunpoint and took the latters earnings. What crime, if any did
the four commit? Enumerate the elements of the crime.
43. While A, B, C and D were robbing the bank, policemen arrived. A
firefight ensued between the bank robbers and the responding policemen
and one of the policemen killed.
(a) What crime or crimes if any were committed?
(b) Suppose it was A who was killed by the responding policeman, what
charges can be filed against B, C, and D?
(c) Suppose in the course of robbery, before the police men arrived, B shot
and killed A following a heated disagreement on who should carry the
money bags, what would be the criminal liability of B, C, and D?
44. During a robbery in a dwelling house, one of the culprits happened to
fire his gun upward in the celling w/o meaning to kill anyone. The owner of
the house who was hiding thereat was hit and killed as a result. The
defence theorized that the killing was a mere accident and was not
perpetrated in connection with or for purposes of the robbery. Will you
sustain the defense?
45. Victor, Ricky, Rod and Ronnie went to the store of Mang Pandoy. Victor
and Ricky entered the store while Rod and Ronnie posted themselves at
the door. After ordering beer, Ricky complained that he was short changed
although Mang Pandoy vehemently denied it. Suddenly whipped out a
knife as he announced hold-up to and stabbed Mang Pandoy to death. Rod
boxed Lucy, the sales girl, to prevent her from helping Mang Pandoy.
When Lucy ran out of the door to seek help from people, she was chased
by Ronnie. As soon as Ricky stabbed Mang Pandoy, Victor scooped up the
money from the cash box. Then, Victor and Ricky dashed to the street and
shouted Tumakbo na kayo. Rod and Ronnie are minors. The money and
other articles looted from the store were later found in the houses of
Victor and Ricky. Discuss fully the criminal liability of the offenders.

46. TRUE OR FALSE. A person on the occasion of a robbery, kills a

bystander by accident is liable for two separate crimes: Robbery and
reckless imprudence resulting in homicide.
47. Together Arman, Ben, Carlo and Dante planned to rob Amelia. They
entered her house by breaking one of the windows in her house. After
taking her personal properties, and as they were about to leave, Arman
decided on her impulse to rape Amelia. As Arman was molesting her, Ben
and Carlo stood outside the room and did nothing to prevent Arman from
raping Amelia. What crime or crimes did Arman, Ben, Carlo and Dante
commit and what is the criminal liability of each?
48. Two young men, Arman and Ben conspired to rob a residential house
of things of value. They succeeded in the commission of their original plan
to simply rob. Arman, however, was sexually aroused when he saw the
lady owner of the house and so, raped her. The lady testified that Ben did
not in any way participate in the rape but Ben watched the happening
from a window and did nothing to stop the rape. Is Ben as criminally liable
as Arman for robbery with rape?
49. After raping the complainant in her house, the accused struck a match
to smoke a cigarette before departing from the scene. The brief light from
the match allowed him to notice a watch in her wrist. He demanded that
she hand over the watch. When she refused, he forcibly grabbed it from
her. The accused was charged with and convicted of the special complex
crime of robbery with rape. Was the court correct?
50. Ambo intended to kill Ben because the latter mocked him during one
of the meetings in their barangays for home association decisions. After
killing Ben, Ambo saw his wallet and gets it. Ambo was charged for the
crime of robbery with homicide on the ground that Ben was robbed and
killed by Ambo with intent to gain. Decide.
51. Ambo and Ben robbed a bank and killed the security guard and 3 bank
employees. The court convicted them for the crime of robbery with
homicide for a total of four counts because they totally killed 4 persons. Is
the conviction correct?

52. Ambo and Ben decided to rob the house of Candy because she is rich.
Upon successfully taking her jewelleries, Ambo raped Candy. Because
Candy was shouting out too loud, Ben feared that they might be noticed
because of the noise that she is making. Ben, upon seeing a knife, got the
knife and stabbed candy. The court convicted them with the crime of
robbery with homicide and robbery with rape. Decide.
53. Ambo conspired with Ben and Caloy to rob ABC Bank in DEF city. Ambo
is the driver of the jeepney used to rob the bank. During the robbery, Ben
and Caloy were stopped by 3 security guards of the bank who came from a
lunch break. Ben, without hesitating, fired at the security guards before
the latter gets near to them, which resulted to the killing of the security
guards. Ambo, stayed in the jeepney as look out and as the driver. The
lower court convicted them for the crime of robbery with homicide. Is the

lower court correct with their conviction on the ground that all of them
conspired to commit the robbery and the act of one is the act of all?
54. What should be the superseding intent of a culprit for a court to
convict him for the crime of robbery with homicide?
55. Ambo and Ben conspired to rob the house of their neighbour who is a
CEO of ABC corporation. Ambo, upon seeing one of the house maids,
intimidated her using a gun and successfully raped the maid. Ben acted as
a look out for Ambo while he satisfies his lust. Ambo and Ben was
convicted by the court for the crime of Robbery with rape. Ben argues that
he should not be charged for such crime and that he should only be
charged for the crime of robbery since he did not partake in the rape that
was consummated by Ambo. Is Bens contention correct?
56. The accused tried to rape the offended party and because of her
resistance, he failed to consummate the act but was able to snatch the
vanity case from her hands when she ran away. The accused was charged
of the crime of Robbery with rape. Is the charge correct?
57. Ambo snatched the wallet of Amy from her hands. To accomplish his
intent, he pushed her as a result of which her skirt was torn and she fell
on the ground. What is the crime committed?
58. Ambo snatched the wallet of Amy and the latter was shocked and was
not able to shout due to the suddenness of the snatching. Ambo was
found by the Police running and the latter apprehended Ambo which
resulted to Ambos arrest. He was charged with the crime of robbery.
Should Ambo be convicted for the crime of robbery?
59. Ambo and Ben and with other 4 malefactors robbed ABC bank. Ambo
and Ben were armed while the others were not. Is this kind of robbery
considered robbery of a band considering that there are a total of 6
robbers?
60. Ambo, Ben, Carlo and Dan conspired that they will rob ABC bank. They
went to the location of the said bank armed with unlicensed guns. Ambo
played the role of the lookout but can still see what his colleagues are
doing. During the robbery, a security guard tried to fire his gun to Ben but
to no avail. Ben got angry and fired the gun at the security guard and hit
the latters right leg disabling him to stand. Ben is so angry that when he
saw the guard that he cannot anymore stand fired upon his head and
overkill the said security guard. Ambo laughs out loud because Ben got
mad. After several days, the offenders were arrested and were charged for
the crime of Robbery with Homicide. Ambo filed for a motion arguing that
he should only be charged with the crime of robbery and not robbery with
homicide because he is not the one who killed the guard. Is the contention
of Ambo tenable?
61. Is the possession of unlicensed firearms deemed to have been
absorbed in the crime of robbery with homicide?
62. What are the elements of the crime of execution of deeds by means of
violence and intimidation?

63. Wenceslao and Loreta were stayingin the same boarding house
occupying different tooms. One late evening, where everyone in the house
was asleep, Wenceslao entered Loretas room with the use of a picklock.
Then, with force and violence, he ravished her. After he satisfied her lust,
he stabbed the girl to death and before leaving the room, took her
jewellery. (1) What crime or crimes, if any, did the accused commit? (2)
What is the law about possession of picklocks or tools?
64. What are the conditions laid down by the law for robbery with force
upon things be committed?
65. What shall prevail under the condition where the robbers act under
the contemplation of robbery with force upon things but eventually
intimidated a person who holds the key to the money vault to give the key
for the robbers to open and loot the vault?
66. The accused was found to have entered in the house of the
complainant through an opening in the window. What kind of robbery can
the accused be held liable for?
67. Ambo, saw that the house of his rich neighbour, Ben has been left
unsecured and open. He entered into the house and successfully took the
money in the cash drawer inside Bens room. He did not know that there is
a CCTV camera. Eventually Ambo was arrested for the crime of robbery. Is
the charge correct?
68. Ambo, saw that the window of his rich neighbour, Ben, has been left
open. He saw that the wallet of Ben containing cash was left on the place
where Ambo could easily stretch his hand and obtain possession of the
wallet. Ambo executed what he had in mind. He did not notice that there
was a security guard who already called the Police and Ambo was
eventually arrested. Can Ambo be held liable for the crime of robbery?
69. Ambo attended a mass and he was enticed by the huge amount of
money the faithful put into a certain donation box. Planned, Ambo
attended the mass after 2 weeks. Ambo remained in the church until
midnight and the church was closed for the night. Ambo took the box and
destroyed the lock of the church door to be able to escape. Ambo, did not
notice that there is a cctv camera in front of the donation box. He
eventually arrested and was charged for the crime of robbery. Can he be
convicted for the crime of robbery?
70. Ambo and Ben represented themselves as detectives were able to
enter an establishment of Carlo and once inside, one of them feigned and
taking a revolver from his belt and ordered complainant to turn over all
the money he had. Can Ambo and Ben be held liable for the crime of theft?
71. Ambo, planned to get the wallet of his boss Ben. While sleeping on his
room and left his sliding door open, Ambo effected the entrance and was
able to successfully get into the room and get Bens wallet. What is the
crime committed?

72. Ambo knows that in his friends master bed room, the latter has a box
containing money. Ambo had an opportunity to take it outside the house
so that he can break it outside. The security guard of however saw him
bringing the box and apprehended him. He left the box on the floor and
ran. He was charged for the crime of robbery but he contended that the
crime should only be theft because there was no force upon things or
violence against or intimidation of person that occurred. Decide.
73. Lucas had been the stay in house boy of spouses Nestor and Julia for 5
years. One night, while Nestor and Julia were out having dinner, Lucas and
his friend Pedro gained entry into the masters bedroom with the use of a
false key. They found Julias jewelry box in one of the cabinets which was
unlocked. Lucas believes that Julias jewelry was inside the box but the
reality is the box is empty and such is unknown to Lucas and Pedro. Pedro
took the box and left the room with Lucas. They were shocked when they
saw nestor in the sala pointing a gun at them. Nestor ordered them to
stop and hand over the box. Pedro complied. It turned out that Nestor had
just arrived in time to see Lucas and Pedro leaving the Masters bedroom
with the box. What are the crimes or crime did Lucas and Pedro commit?
74. A a brother of B, with the intention of having a night out with his
friends, took the coconut shell which is being used by B as a bank for
coins from inside their locked cabinet using their common key. Forthwith,
A broke the coconut shell outside of their home in the presence of his
friends. What is the criminal liability of A if any?
75. What are the elements of the crime of theft?
76. Can real properties be the object of theft?
77. Ambo, witnessed that a certain man named Ben robbed the house of
their rich neighbour Caloy. Ambo saw that Ben rode a jeepney and the
former followed him. Ambo saw an opportunity to steal the stolen wallet
from Ambo. Ambo stole the wallet secretly but his act was noticed by a
policeman who was riding on the same jeepney and apprehended him.
Ambo contended that the wallet was actually stolen from their neighbour
and that he should not be held liable because the object of stealing has
also been illegally obtained. Decide.
78. Ambo was caught using jumper to evade payment of electricity. He
was charged for the crime of theft. He contended that electricity cannot
be the subject of theft because it is not a personal property. Is the
contention correct?
79. Ambo was caught because he stole the checks of his boss amounting
to 500K. He was charged for theft and was held liable. He contended that
check cannot be a proper object of larceny because the paper itself has no
intrinsic value and is merely evidence or token of the existence of money
or property elsewhere. Is Ambos contention tenable?
80. Ambo stole the watch of Ben which turned out to be the watch of
Ambo which he lost a day before. Is there a crime committed?
81. Ambo, without the consent of the owner of a car, drove such car but
returned the same at 11PM. The owner, who is not aware of the taking,

was found to actually in panic when he learned that his car became
unavailable to him and performed the necessary actions to recover his car.
Because he got so Angry as to what Ambo did to him, he filed a suit
against Ambo charging the latter for the crime of theft. Ambo contended
that he cannot be held liable for such crime because he has no intent to
gain since he returned the car. Is Ambo correct?
82. Ambo received a diamond ring to be examined by an appraiser and
2000 bank notes to be changed into coins. However, Ambo sold the
diamond ring and used the money, including the 2000 bank notes for his
own personal benefit. The owner of the diamond ring sued Ambo for the
crime of theft. Ambo argues that he cannot be held liable for such crime
because he did not unlawfully take the diamond ring and the 2000 bank
notes from the complainant which, in cases of theft, there should an
element of an unlawful taking which in this case is not present. Is Ambo
correct?
83. Ambo had a heated argument with his friend, Ben. Ambo wants to
revenge so he secretly stole the car keys of Ben, get into the car, drove
away and upon reaching a certain distance, set the car on fire. Ben sued
Ambo for theft. Will the action of Ben prosper?
84. When a title to a land is in dispute, will the act of taking crops thereon
constitute theft?
85. Ambo, Ben and Caloy are co-owners of a rice mill which yields a total
of 50 sacks of rice. The co-owners had an agreement that they will partake
the 50 sack of rice at the end of the year. Ambo, sold all sack of rice
without the consent of Ben and Carl and used it for his own benefit. Ben
and Carl sued Ambo for the crime of theft. Can Ambo be held criminally
liable to what he did?
86. Ambo picked 10,000 pesos but returned 5,000 pesos only. Did Ambo
commit a crime? If so, what is the crime committed?
87. Eva saw an injured chow chow puppy behind a bush, on her way home.
Since the puppy did not have collar, she brought it home so she could have
it as pet. Her son in fact begged Eva to keep the puppy. The following day,
Eva bought a collar for the puppy and brought it to a veterinarian for
treatment. Did Eva incur criminal liability in bringing the puppy home as
pet?
88. Sunshine, a college girl but a shoplifter went to a department store
and proceeded to the womens section. The sales lady was of the
impression that she brought to the fitting room 3 pieces of swim suits of
different colours. When she came out of the fitting room, she returned
only two pieces to the clothes rack. The sales lady became suspicious and
alerted the store detective. Sunshine was stopped by the detective before
she could leave the store and brought to the office of store manager. The
detective and the manager searched her and found her wearing the third
swim suit under her blouse and pants. Was theft of the swimsuit
consummated, frustrated or attempted?

89. In the jewellery section of a big department store, Julia snatched a

couple of bracelets and put these in her purse. At the stores exit,
however, she was arrested by the guard after being radioed by the store
personnel who caught the act in the stores moving camera. Is the crime
consummated, frustrated or attempted?
90. Eman, a vagrant found a bag containing identification cards and a
diamond ring along Roxas Blvd. Knowing that it was not his, he went to
the nearest police station to seek help in finding the owner of the bag. At
the prescient, PO1 Melvin attended to him. In the investigation, Eman
proposed to PO1 Melvin, in case you dont find the owner, let us just
pawn the ring and split the proceeds 50/50. PO1 Melvin then went to
straight to the pawnshop and pawned the ring for 50 thousand. Eman
never saw PO1 Melvin again. (a) what is the criminal liability of Eman and
PO1 Melvin?
91. Francis Garcia, A Jolibee waiter found a gold bracelet in front of his
work place in Makati and upon inspecting it saw the name and address of
the owner engraved on the inside. He remembered the lessons his parent
thought him not to take anything which does not belong to him, ge
delivered the bracelet to PO1 Jesus Reyes of Makati quad precinct with the
instruction to locate the owner and return it to him. PO1 instead sold the
bracelet and misappropriated the proceeds. Subsequent events brought
out the facts that the bracelet was dropped by a snatcher who had
grabbed it from the owner a block away from where Francis found it and
further investigation traced the last passenger as PO1 Reyes. Charged
with theft, PO1 Reyes reasoned out that he had not committed any crime
because it is not he who had found the bracelet and moreover, it turned
out to have been stolen. Resolve the case with reasons.
92. Mario found a watch in a jeep he was riding and since it did not belong
to him, he approached Policeman Ambo and delivered the watch with
instruction to return the same to whoever maybe found to be the owner.
Ambo failed to return the watch to the owner and, instead, sold it and
appropriated it for himself the proceeds of the sale. Charged with theft,
Ambo reasoned out that he cannot be found guilty because it was not he
who found the watch and, moreover the watch turned out to be a stolen
property. Is Ambos defence valid?
93. Accused Juan Santos, a deputy sheriff in a regional trial court, levied
on the personal properties of a defendant in a civil case before said trial
court, pursuant to a writ of execution duly issued by the court, among
properties levied upon and deposited inside the evidence room of the
clerk of court was a refrigerator, stock of cassette tapes and dining table,
dining table set of chairs and several lamp shades. Upon the defendants
paying off the judgment creditor, he tried to claim his properties but found
out that several items were missing such as the cassette tapes, chairs and
lampshades. After due and diligent sleuthing by the police detectives
assigned to the cae, these missing items were found in the house of
accused who reasoned out that he just borrowed them temporarily. If you
were the prosecutor, what would be the nature of the information to be
filed against the accused? Why?
94. What are the elements of the crime of qualified theft?

95. Ambo and Ben are security guards who are under contract with ABC
security agency. They were deployed in Makati to work for a bonded
warehouse. They stole the good in that warehouse and were charged for
the crime of qualified theft because of abuse of confidence. They reasoned
that they should not be held liable for the crime of qualified theft because
they are hired and paid by the security agency and not the owner of the
warehouse. Is the contention of the guard correct?
96. Distinguish theft with grave abuse of confidence and Estafa with abuse
of confidence.
97. Paul lives with his long-time girlfriend Joan in a condominium. For
more than a year, he has been secretly saving money in an envelope under
their bed to buy her an engagement ring. One day, Joan was cleaning their
room; she found the envelope, took the money and left Paul. As
prosecutor,, what crime if any, would you charge Joan?
98. A vehicular accident occurred on the national highway in Bulacan.
Among the first to arrive at the scene of the accident was Ambo who found
one of the victims already dead and the others unconscious. Before
rescuers could come, Ambo, taking advantage of the helpless situation of
the victims, took their wallets and jewellery. However, the police who
responded to the report of the accident caught Ambo. What crime or
crimes did Ambo commit?
99. A fire broke out in a department store. Ambo taking advantage of the
confusion entered the store and carried away goods which he later sold.
What crime, if any did he commit?
100. Teresita is the owner of a two-hectare land in bulacan which she
planted to rice and corn. Upon her arrival from a 3 month vacation in the
US, she was surprised to discover that her land had been taken over by
Manuel and Ambo who forcibly evicted her tenant-caretaker Juliana, after
threatening to kill the latter if she would resist their taking of the land.
Thereafter, Manuel and Ambo, plowed, cultivated and appropriated the
harvest for themselves to the execution of Teresita. (1) What crime did
Manuel and Ambo commit? (2) Suppose that Manuel and Ambo killed
Juliana when the latter refused to surrender possession of the land, what
crimes did the two commit?
101. What are the elements of the crime of Estafa?
102. Ambo intended to deceive Ben, and use their friendship by making
him sign some documents that will release some goods in their
warehouse. Ambo misappropriated the goods but through the help of
investigators, Ben was able to retrieve the goods that were released. Is
there a crime that Ambo committed?
103. What is the general rule to determine if there is a deceit?
104. Ambo promised to pay his obligation on June 5, 2016 amounting to
500K to Ben. The time has lapsed but Ambo is still unable to pay. Can

Ambo be held liable for the crime of Estafa because of non-fulfilment of his
promise?
105. Ambo, through false representations misappropriated the funds of
his investors. His investors filed a case against him for the crime of Estafa
and Ambo was convicted. He issued a promissory note to pay his
obligations and the investors accepted his apology and the promissory
note. Is Ambo exempted for the crime of Estafa since the investor
accepted his apology?
106. Suppose, using the above case of Ambo, the latter asked for an
apology and issued a promissory note before the investors filed the suit,
will your answer be the same?
107. Distinguish Estafa and Theft.
108. Ambo filed a case of Estafa against Ben. Ben was instructed to deliver
a true diamond ring by his boss. Ben instead, delivers a lower class of
diamond ring to Ambo and made the latter believe that it is 100 per cent
pure and asked for a price as if it is the true diamond ring. Ben succeeded
in his plan. Ambo, later on found out that the ring is fake. Ben filed an
appeal with the reason that he only placed a high mark-up price for the
ring and that he should not be liable for the crime of Estafa. Decide.
109. Ambo commissioned Ben as his agent to sell jewelleries of high value.
They agreed under contract that Ben cannot delegate the agency to a
different person. Due to his hectic schedule, Ben commissioned Carlo as a
sub-agent without Ambo's consent. After several weeks of sealing the
jewelleries, Carlo, without knowledge of Ben, was able to sell the
jewelleries but misappropriated the funds. Ambo sued Ben for the crime of
Estafa on the ground that Ben violated their agreement not to designate
the agency to a different person. Is Ben criminally liable in this case? What
is the criminal liability of Carlo?
110. Can a debtor be held liable for the crime of Estafa if there is an
existing debtor-creditor relationship?
111. A and B agreed to meet at the latters house to discuss Bs financial
problems. On his way, one of As car tires blew up. Before A left following
the meeting, he asked B to lend him money to buy a new spare tire. B had
temporarily exhausted his bank deposits, leaving zero balance.
Anticipating, however, a replenishment of his account soon, B issued A a
post-dated check with which A negotiated for a new tire. When presented,
the check bounced for lack of funds. The tire company filed a criminal case
against A and B. What would be the criminal liability, if any, of each of the
two accused?
112. Is there a crime as estafa through negligience?
113. Aurelia introduced Rosa to Victoria, a dealer in jewellery who does
business in Timog Ave. QC. Rosa a resident of Cebu city agreed to sell a
diamond ring and bracelet to Victoria on a commission basis, on the
condition that if these items cannot be sold, they may be returned to
Victoria forthwith. Unable to sell the ring and bracelet, Rosa delivered

both items to Aurelia in Cebu city with the understanding that Aurelia
shall, in turn, return items to Victoria in Timog QC. Aurelia dutifully
returned the bracelet to Victoria but sold the ring, kept the cash and
proceeds thereto to herself and issued a check to Victoria which bounced.
Victoria sued Rosa for estafa insisting that delivery to a third person of
the thing held in trust is not a defense in estafa. Is Rosa criminally liable
for estafa under the circumstance?

114. A sold washing machine to B on credit, with the understanding that B

could return the appliance within 2 weeks if after testing the same, B
decided not to buy it. 2 weeks lapsed without B returning the appliance. A
found out that B had sold the washing machine to third party. Is B liable
for estafa? Why?
115. On March 31, 1995, OF corporation received from Marica the sum of
500,000 as money market placement for 60 days at 15 per cent interest
and the president of the said corporation issued a check covering the
amount including the interest due theron, post-dated May 30, 1995.
Corporation failed to deliver back Maricars money placement with the
corresponding interest earned notwithstanding repeated demands upon
said Corporation to comply with its commitment. Did the president of OF
Corporation incur any criminal liability for estafa for reason of the nonpayment of the money market placement? Explain.