Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Part One
EXPLAIN YOUR UNDERSTANDING
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12. How are grave threats committed ?
14. May a person charged with a violation of Batas Pambansa Blg. 22,
on the issuance of bouncing checks, be also prosecuted for a violation of
Article 315(2)(d), on the issuance of checks without sufficient funds? If so,
under what circumstances?
15. When, if at all, may a private individual incur criminal liability for
the crime of infidelity in the custody of prisoners.
18. Discuss the requirements of the provision under Article 217 of the
Revised Penal Code that establishes a prima facie presumption of
malversation?
19. When, if at all, may conviction for malversation stand on the basis
solely of a presumption?
Part Two
SOLVE THE PROBLEMS
2. (a) A, with other members of the NPA, asked the people in a barrio
for foodstuff, at the same time warning them, on pain of having their heads cut off,
not to report the presence of members of the NPA in those parts to the Philippine
Army. Disregarding the warning, B and C denounced the members of the NPA to
the local Philippine Army detachment, with the result that the NPA members were
ambushed by the soldiers of the Philippine Army. In retaliation for what B and C had
done, a group of NPA members led by A (A and Others) returned to the barrio
and apprehended B and C, and with their hands bounds to their backs, cut off their
heads. Then, A and his companions took everything they could use from the house
of B and C. Can A and Others be convicted of murder, as a separate crime from
rebellion? Can the crime of murder committed by A and Others be complexed
with rebellion?
(b) A raid was staged in the town of Tiaong, Quezon, between 8:00 and 9:00
in the evening of November 14, 2xxx, by armed men, who were members of the New
Peoples Army (NPA), resulting in the burning down and complete destruction of the
house of Mayor MP, including its contents; the house of VR, and the house of one
YM, the death of Patrolman DP and civilians VS and LU, and the wounding of
Patrolman PL and five civilians. During and after the burning of the houses, some of
the raiders engaged in looting, robbing one house and two Chinese restaurants. The
raiders were finally dispersed and driven from the town by the Philippine Army
soldiers who came to reinforce those stationed in the town. The raiders did not attack
the seat of local Government. The object if the raid was to kidnap or kill MP, who
was then Mayor of Tiaong, and destroy his house, on inducement of the latters
political rival, in preparation for the coming elections. What crime or crimes
was/were committed?
(d) KD, who appears to be an area leader of the New People's Army (NPA),
Sparrow Unit, directed AM, CA, DR, and VB, members of the NPA to go to Barrio
Punti and kill one RA, who was suspected by KD to be a Philippine Army (PA)
informer. All four of them went to the barrio of RA, AM carrying a Browning
shotgun, DR a Thompson, CA a carbine and VB, a homemade gun called Bulldog.
They arrived at Punti at 9:00 A.M. and they saw RA at the river bank giving his
carabao a bath. DR went to RA and, after a while, shot him with his gun. AM also
shot him with his Browning followed with another shot by CA, as a result of which
RA fell down and died. AM then placed on the dead body of RA a writing and
drawing made by their association warning the people and the PA of their activities.
Thereafter, the group returned and reported to KD that RA was already dead. After
subsequent apprehension, an information was filed by the provincial fiscal charging
AM, VB, and CA of the crime of murder. After conviction for murder, AM appealed.
Can it be contended, in this appeal, that the crime committed is not murder
but rebellion only?
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suddenly, he heard gunshots and then saw Y and Z, who were then walking
ahead of the group, hit by the gunfire. By instant, PO W dove into a canal to
save himself from the continuous gunfire of X. PO W ran towards VA and FA,
who were walking behind the group, and informed the two that Y and Z were
ambushed by X and his companion. The three sought help from the police
authorities and returned to the scene of the crime where they saw Z, who was
still alive and who narrated that it was X and his companion who ambushed
them and took the money, estimated at P12,000.00, which he won in the card
game. If X is prosecuted for this incident, should he be convicted of: (1)
robbery with homicide, for the killing and robbery of Y and Z; why (5%);
and (2) attempted murder, for shots fired by X against PO W; why (5%)?
Part Three
CHOOSE THE BEST ANSWERS
_____ 2. Where X and Others grabbed a 16-year old girl, dragged her to a
nearby forest and there brutally ravished her, the crime is: (a) kidnapping
with rape; (b) rape only; (c) kidnapping only, rape being a mere incident
thereof, possibly aggravating the same; (d) forcible abduction with rape.
_____ 4. Where X entered the house of Y, a woman, took her money and
jewelry, raped her and, then, killed her, the crime committed is: (a) robbery
with rape; (b) robbery with rape, aggravated by homicide; (c) robbery with
homicide only; (d) robbery with homicide, aggravated by rape.
_____ 6. The common element in various forms of grave coercion is: (a)
preventing another from doing something not prohibited by law; (b)
compelling another to do something against his will; (c) use of violence or
such display of force as controls the will of the victim; (d) demand for
money or imposition of condition.
_____ 10. A who, while visiting the house of his married sister, B, saw the
latters purse and took it, extracting therefrom a P50 bill with which he bought
himself some food, is (a) liable for theft; (b) not criminally but only civilly
liable; (c) liable for estafa or swindling; (d) exempt from criminal and civil
liability.
_____ 12. A public officer does not incur criminal liability for revealing
secrets of private individuals coming to his knowledge by reason of his office
when: (a) the secrets merely affect the name, honor or reputation of such
private individuals; (b) the secrets affect merely the fortunes of such
private individuals; (c) the secrets are contrary to public interest or the
administration of justice; (d) no damage is caused by revealing such
secrets to such private individuals.
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_____ 13. In which case, among the following cases, would the act of
preventing another from doing something, by means of violence or intimidation,
constitute grave coercion instead of another crime: (a) preventing the meeting
of a legislative body; (b) hindering or preventing another from joining any
lawful association or from attending any of its meeting committed by a
public officer; (c) preventing a member of Congress from attending the
meetings thereof, or from expressing his opinion or from casting his vote;
(d) preventing another from casting his vote in a popular election.
_____ 15. The factor that distinguishes grave threat from robbery with
intimidation is: (a) the existence of a demand for money or property; (b)
presence or absence of the element of intent of gain; (c) attainment of the
purpose of the offender; (d) the directness, persistence and continuing
nature of the intimidation employed and the immediacy of gain obtained
or intended.
_____ 17. X, a policeman who pretended to arrest a 15-year old girl, who is a
no longer physically a virgin but of good reputation, for jaywalking, and who
took her to a certain house where he had sexual intercourse with the girl with
her consent, is liable for qualified seduction because: (a) the girl is unmarried
and of good reputation; (b) the girl was not raped but consented to the
sexual intercourse; (c) the girl is under 18 years of age and of good
reputation; (d) the policeman is a person in public authority and such
term includes any person exercising public authority, whether directly or
as an agent.
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_____19. In the felony of maltreatment of prisoners, the lower penalty
prescribed in Art. 235, Rev. Pen. Code, is imposable in all of the following
cases: (a) if the purpose of maltreatment is only to extort a confession; (b)
if the purpose of maltreatment is simply to obtain information; (c) if
maltreatment arises from the imposition of punishments not authorized
by the regulations or by inflicting such punishment in a cruel and
humiliating manner; (d) if no physical injury or damage is caused to the
prisoner.
_____21. Where nothing in the evidence would show that the victim had a
wristwatch and that the accused took said watch, as alleged in the information,
although the accused admitted in his confession that he announced a hold-up
with a loaded gun inside the victim's taxicab and thereafter he and the victim
grappled for his gun, but as they struggled, accused squeezed the trigger, thus
shooting the victim to death, then hurriedly getting off the taxicab, leaving his
gun behind, the accused should be convicted of: (a) robbery with
homicide, because the overt acts so far executed by him, including his
announcement of a hold up, clearly show his intention to rob the victim;
(b) attempted robbery with homicide, because the homicide was by reason
of an attempt to commit robbery; (c) homicide only, because nothing in
the evidence would show that the victim had a wristwatch and that the
accused took said watch, as alleged in the information; (d) attempted
robbery and homicide as separate offenses, because there is no such thing
as attempted robbery with homicide.
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and penalized under Chapter 6, Title Ten of the Rev. Pen. Code,
depending upon the choice of the prosecution.
_______23. Where X entered the house of Y, a woman, took her money and
jewelry, raped her and, then, killed her, the crime committed is: (a) robbery
with homicide only; (b) robbery with rape; (c) robbery with homicide,
aggravated by rape; (d) robbery with rape, aggravated by homicide.
_______25. Even if the accused had been charged with acts of lasciviousness
for having inserted his finger into the genital or anal orifice of the victim, (a) he
can be convicted of rape by sexual assault under Art. 266-A, paragraph 2,
as the former necessarily includes the latter; (b) he cannot be convicted of
rape by sexual assault under Art. 266-A, paragraph 2, as the former does
not necessarily include the latter; (c) he can be convicted of rape by
sexual assault under Art. 266-A, paragraph 2, as the former is penalized
less severely than the latter and both their means of commission is the
same; (d) he cannot be convicted of rape by sexual assault under Art. 266-
A, paragraph 2, because he cannot be punished for an offense graver than
that with which he was charged.