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Review, Power house
1. A recklessly drove his Toyota car hitting another Nissan car as a consequence
of which the Nissan car sustained damage, B died, and C suffered slight physical
injuries. What are the crimes committed? Following the view that culpa is just a mode
of committing a crime, the crimes committed are reckless imprudence resulting in
homicide, reckless imprudence resulting in damage to property, and reckless
imprudence resulting slight physical injuries. Since they are produced by a single
reckless act, the first two constitute a compound crime while the latter is separate for
being a light felony (People vs. Turla, G.R. No. L-26388, February 14, 1927; Gonzaga
vs. People, G.R. No. 195671, Jan. 21, 2015). Following the view that culpa is a crime,
single reckless act constitutes a single crime of reckless imprudence resulting in
homicide, damage to property and slight physical injuries (Ivler vs. Modesto-San
Pedro, G.R. No. 172716, November 17, 2010).
2. A committed illegal possession of dangerous drugs the penalty for which is
life imprisonment. Can the privilege mitigating circumstance of minority be
appreciated in his favor? Yes. Under the Dangerous Drugs Law, the provisions of RPC
shall not apply except in the case of minor offenders. Since A is a minor, life
imprisonment shall be converted into reclusion perpetua, which shall be reduced to
reclusion temporal because of the mitigating circumstance of minority (Asiatico vs.
People, G.R. No. 195005, September 12, 2011, Justice Velasco).
3. Under a single criminal impulse A, B, and C simultaneously fired their guns
at X, Y and Z killing all of them. Is the crime a compound crime? The rule that
several acts committed under a single criminal impulse constitute a compound crime
is only applicable if there is no conspiracy and it is impossible to determine the
number of death attributable to the accused (People vs. Lawas, L-7618-20, June 30,
1955). In this case, there is implied conspiracy because the attacks were
simultaneously made. Since there is conspiracy where the number of death
attributable to the accused need not be determined, the single impulse rule, which is
an exception rather than the general rule, is not applicable (People vs. Elarcosa, G.R.
No. 186539, June 29, 2010, Justice Velasco).
4. A appealed his conviction of frustrated homicide, a non-probationable crime.
The appellate court found that the crime is attempted homicide, which is
probationable. Can A apply for probation? Yes. Under Section 4 of PD 968 as amended
by RA No. 10707, when a judgment of conviction imposing a non-probationable
penalty is appealed or reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant shall be allowed to apply for
probation based on the modified decision before such decision becomes final
(Colinares vs. People, G.R. No. 182748, December 13, 2011).
5. A entered a house through a window, stabbed an occupant thereof and took
the property therein. What is the crime committed? Since the elements of robbery by
using force upon thing and the elements of robbery by means of violence are present,
the crime committed is a complex one (People vs. Disney, G.R. No. L-41336, February
18, 1983; Fransdilla vs. People, GR No. 197562, April 20, 2015).
6. Mayor, treasurer and planning coordinator approved the overpayments in
favor of a private individual for the construction of public market. The public officers
caused undue injury to the government through manifest partiality and evident bad
faith in violation of Section 3 (e) of RA No. 3019. Is the private individual, who was
overpaid, also liable? Yes. Since there is conspiracy, the act of the public officers in
violating RA No. 3019 is imputable to the private individual although they are no
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Treachery will be appreciated even though one was killed because of aberratio ictus. But this
is not a compound crime since there is no showing that the victims were killed by single act
but several acts. When various victims expire from separate shots, such acts constitute
separate and distinct crimes (People vs. Adriano, G.R. No. 205228, July 15, 2015).
18. The video of the sexual intercourse of a lady Senator with her driver was uploaded
in the internet without her consent. Can this sex video be presented as evidence in a legislative
hearing? No. Since the publication of this video recording is a violation of the Anti-video
voyeurism law, it is not admissible in evidence.
19. A conducted a bust-bust operation. The pusher raised his hands to manifest his
intention to surrender but the police officer shot and killed him. The crime committed is
murder with the privilege mitigating circumstance of incomplete performance of duty.
Warning: This is the intellectual property of Judge Campanilla. Copying any parts of this work in writing materials or
book for publication without proper attribution is prohibited by law.
Warning: This is the intellectual property of Judge Campanilla. Copying any parts of this work in writing materials or
book for publication without proper attribution is prohibited by law.