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Aleezah Gertrude
QUESTION ANSWER
1. Five different thefts were committed. It has been proved that X, knowing that the oil X is a principal by inducement, which inducement not
which was brought to her for sale was stolen by the person who were seeking to sell it to merely favored the execution of crime but determined
her, advised them to continue stealing oil physical authors of crime were boys under its commissions
15 y/o. They acted upon suggestion of X without discernment or judgment of their own.
What is the liability of X?
pesos
11. FC was employed by RP, an army officer, to ge a girl, AM and her aunt. VE went No, because it cannot be held that the act of
to army barracks where RP was. RP spoke English and could neither speak nor interpreting in obedience to orders of his superior, the
understand native language. FC acted as interpreterFC accompanied by latters criminal determination, so that it might be
several privates, at RPs orer, arrested FB and took him to the barracks to be understood by actual perpetrator of rime constituted
then turned over to VF who obeying orders from the same lieutenant, which cooperation in the commission thereof.
orders were translated by FC in order that may be understood by VF, the
proceeds to kill the prisoner n or near cemetery of said town by shooting him.
Can FC be held liable for participating in the killing of FB?
12. When must death of an offender,who is charged with crime in court occur to Before final judgment?
extinguish criminal liability and his personal penalties
13. What is the penalty two degrees higher than reclusion temporal, assuming a Reclusion Perpetua for 40 years with the accessory
case of qualified theft. penalties of death under Art 40 of RPC, which means
in fine that accused, is not entitled to pardon before
lapse of 40 year period.
14. Light felony prescribes in 2 months
15. RA 8294 on June 6,1997, amended cetain provisions of P.D 1866 a special law The maximum term of indeterminate sentence should
penalizing illegal possessor of firearms . With the passage of aforementioned be that which in view of the attending circumstances,
law, penaly for illegal possession of firearm such as palik has been reduced to should be properly imposed under rules of RPC.
prison correctional in its maximum period and fine of not less than 15 thousand
pesos.
16. Disposition under which a defendant, after conviction and sentence is released Probation
subject to conditions imposed by the court and to the supervision of an officer
appointed by court o investigate such referral for investigation or to supervise the
convict
17. Not a ground for partial extinction of criminal liability Partial service of sentence
18. Does not prevent period of prescription for crimes punishable under special Absence of offender from Philippine Archipelago
penal laws from running
19. X, a detention prisoner who is not otherwise a recidivist or habitual delinquent Yes, but only to the reduced measure equivalent to 4/5
refused to abide by rules and regulations prescribed for conviction prisoners of time spent in preventive detention
serving sentences in institution which he is detained. Should he be convicted of
the offense he is charged with, would he be entitled to credit for time spent in
preventive detention?
20. The prosecution seeks to hold four of accused, XM, XN, ZS and US criminally No, because although what the four did amounted to
liable for the killing of JA and YN, particularly as co-autheors thereof by joining a conspiracy, the RPC in Art 8 does not punish
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Aleezah Gertrude
inducement, considering that they attended the conference and entered no conspiracy as such
opposition to the nefarious scheme while after the commission of murders, they
joined with other accused in celebrating with a fiesta although aside from this,
these four did not cooperate in the commission of crimes nor is it certain that as
relatives or retainers of A, four had influeccne over XS and YS, and that any of
the four said or did anything that determined commission of crimes. Can they be
consipered as co-authors within meaning of Art 17 of RPC?
21. Where three persons planned to rob a house but in carrying I out, only two of Principal because of conspiracy and direct participation
them went into house to break open a trunk and carry off its contents whole the
third merely remained downstairs to engage the owner of the house to distract
the attention of latter.
22. MB and victim, EA together at a restaurant until about 0:00 of same evening, Murder qualified by abuse of superiority and
when MB and EA left for EAs house, EP the housemaid of victim opened the aggravatedd by outraging or scoffing at corpse of
door for them; saw MB and EA immediately proceeded in EAs room.. She victim
found that EA was lying on her bed, face down, naked up to the waist, with her
legs spread apart and with broken figurine inside her head.It is established
however that MB had ana intercourse with EA The muscles of anus did not
close XXXX after death. MB was notorious advantage of height accused had
over his hapless victim. Under circumstances, crime committed is:
23. Not entitled to special time allowance for good conduct All prisoners whether serving sentence by final
judgment or not who have themselves up to authorities
after 48 hours from issuance of proclamation
announcing the passing away of calamity or
catastrophe therein referred to.
24. Under Article 70, the period of perpetual penalties is : 30 years
25. The crime of falsification of public document carries with it an impossible penalty The criminal action has prescribed considering the
of prison correctional in its medium and maximum periods and fine of not more lapse of 10 years after the document was registered
than P5,000.00 [Art 172 RPC]. Being punishable by correctional penalty, this with Register of Deeds.
crime prescribes in 10 years [Art 90,par 3 RPC]. Where public document
allegedly falsified was a notarized deed of sale registered on May 26, 2000 with
the Register of Deeds in the name of he accused but filing of complaint-affidavit
before prosecutors office for falsification of public document was however, filed
only on October 18,2011, one month after victim came to know thereof
26. Not necessarily having a duration of six months and one day to six years Suspension when imposed as an accessory penalty
27. Father simply said to his son who was at that time enagegd in combat with Father is not necessarily responsible unless sufficient
another hit him! Hit him! After the father spoke those words. His son drew a facts
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37. Two vehicles collided at intersection, X driver of vehicle found to be at fault was Only if, Xs employer is engaged in business or
convicted of crime of reckless imprudence resulting to damage to property. Can industry and does not exclusively use the automobile
Xs employer be held subsidiarity liable for payment of civil liability? for private ends.
38. RB one of the several persons accused in more than 100 counts of estafa thru The Sandiganbayan may issue an order directing the
falsification of public documents before Sandiganbayan. In the meantime, RB suspension of all the accused including RB from the
run for and was elected as Mayor in town in Cavite. Subsequently, BP 195 was public position or from any other public office tha they
passed amending among oters, Sec 13 RA 3019, providing that any incumbent may be holding for 90 days as long as the
public officer against whom any criminal prosecution under valid information information in question are shown to be valid and
under this act or under title 7 book 2 of RPC or for any offence involving fraud regardless of when they were fied as such suspension
upon governmet or public funds or property whether as simple or as complex does not constitute a penalty
offense and in whatever stage of execution and mode of participation is pending
in court, shall be suspended from office. On that basis, and in all cases pending
before Sandianbayan in which RB is one of accused, the prosecution filed a
motin to suspend all accused public officers from their public position or from any
other pblic office that they may be holding for 90 days.
39. On the occasion of studets, demonstration being held in vicinity of Feati No, committing a compex rime, imposable penalty is
university already raise to the maximum of most severe penalty
for said crime which is dath; hence no occasion to
consider further any mitigating circumstance.
40. X pardoned by CE after his conviction for plunder for which he was sentenced to X cannot run for public office because though
reclusion perpetua. X wanted to run office and feel he can do so because terms pardoned, by CE extinguished hs criminal liability and
of pardon are silent about the matter or otherwise does not expressly prevent the effects thereof the right to run for public office can
him from doing so, only be restored if expressly remitted in pardon.
41. No penalty Measures of prevention and safety under Art 24 RPC
42. N pecuniary penalty Restitution
43. RB was charged if Rape and eventually convicted thereof. Pending of his Both the criminal and civil aspect of the case should be
conviction, RB died. dismissed as death of accused pending appeal for his
conviction extringuishes not only his criminal liability
but also his civil liability
44. Not mode of extinguishing penalty of fine Service of equivalent period of subsidiary
imprisonment in case of insolvency where fiinancuial
circumstances of offender has improved and
thereafter.
45. What is the period of probation where accused is sentenced to fine and applies It depends on the period fixed by the court but it cannot
for probation. be less than nor more than twice the equivalent
number of days of subsidiary imprisonment
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46. In murder case committed by several persons, those who were present from the Can be convicted as coprincipals by direct participation
time the victim was taken from his office until the time the vitim was killed but because their voluntary presence lent moral aid to
who did not take actual part in said killing are nevertheless guilty as principals; commission of crime
however those who did not accompany the rest of the party to the place where
victim was killed but who were only detailed to guard the victims companion at a
point of distance from place where killing of victim took place
47. In case of accident under Article 12 (4) RPC There is neither criminal nor civil liability incurred
48. The mother of tief who helped the latter in selling stolen goods Is liable as an accessory-after-thefact if she acted with
knowledge of stolen character of goods and is not
exempt from criminal liability as such despite her
relationship to principal of crime
49. On question of insanity as a defense in criminal cases, and there incidental Insanity as a defense is a confession and avoidance
corollaries as to legal presumption and kind of quantum of evidence required, and as such must be proved beyond reasonable doubt
theories abound and authorities are in sharp conflict, Philippine theory applies. when the commission of crime is established and when
the defense of insanity is not made beyond reasonable
doubt, conviction follows.
50. A wife prepared the way for the perpetration of crime of rape committed by her Principal by indispensable cooperation
husband upon 12 year old victim by conducting her by force and vilence to place
among the trees, where she called to her husband, a person chiefly interested in
perpetrating crime, delivering victim to her husband and then going away from
the scene of crime so that husband might freely consummate the pre-arranged
rape as the latter did with violence and intimidation
Felonies according to Article 3 of the RPC may be committed by means of Dolo or Culpa. In crimes involving Dolo, there must exist 3
elements (1) Freedom (2) Intelligence (3) intent. On the other hand for culpa, there must be (1) Freedom (2) Intelligence and (3)
Negligence.
There are crimes wherein mere perpetration therof constitutes as crime regardless of existence of ones criminal intent. Mala prohibita,
an example of which is the illegal possession of firearms , wherein mere possession itself regardess of criminal intent, already amounts
to crime per se. It should also be noted that in culpable felonies, there is no intent, there is only negligence, nevertheless is regarded as a
rime. Therefore, criminal intent is NOT an element of all crimes.
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Mistake of Fact exists when a person commis (1) an act that is lawful, (2) Intent I lawful (3) No negligence upon a person committing a
certain act. (Cite U.S v. Ah Chong)
There are two theories used by courts, the French theory where courts does not acquire jurisdiction over crimes committed on board
merchant vessels unless it affects public safety/security. English theory which is applied by our courts, territorial court acquires
jurisdiction over cries committed on board merchant vessels except when crime merely involves internal matters/ crew problems within
the vessel.
Mala in se acts which by reason of its nature is regarded as a crime and is deemed punishable. An example of which are rape, murder
and theft. Mala Prohibita crimes are acts which are made punishable by law, an example of which is illegal possession of firearms, it may
not be inherently evil, but mere possession is made punishable by law. As a general rule, mala in se crimes are governed by the RPC
while mala prohibita crimes are governed by special laws.
Penal laws are those acts of legislature which prohibit certain acts and establish penalties for their violations or those that defines
crimes, treat of their nature and provide for their punishment (Salvador v. Mapa)
Ex post facto law : penal law only
Overriding concern of courts in criminal cases is not whether accused is completely innocent but rather whether the quantum if
evidence necessary to prove his guilt was sufficiently met. (Requirement of Proof beyond reasonable doubt)
Proof beyond reasonable doubt does not mean the degree of proof excluding possibility of error an producing absolute certainty. Only
moral certainty or that degree of proof which produces conviction in an unprejudiced mind is required.
Courts when prosecution seeks to prove the guilt of accused by means of circumstantial evidence : (a) Act upon with caution (b) All
essential facts must be consistent with hypothesis of guilt of accused. (c) Exclude every other theory but that guilt of accused (d)
Convince beyond reasonable doubt that he was the perpetrator of the offense.
Except as provided in the treaties and laws of preferential application, the provisions of this code shall be enforced not only within the
Philippine archipelago, including its atmosphere, its interior waters and maritime zones but also outside against those who (1) Should
commit an offense while on PH ship/airship (2) Forge or ccounterfeit any coin or currency note of PH islands or obligations and
securities issued by Gov (3) Liable for acts connected with interoduction of these islands and obligations and securities mentioned in
preceeding number (4) While being public officers or employees, should commit an offense in exercise of function (5) Should commit
any crimes against national security or law of the nations
Criminal Law A branch of municipal law which defines crimes, treats of their nature and provides for their punishment.
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General the law is binding to all persons who reside in the Philippines
Territorial the law is binding to all crimes committed within the National Territory of the Philippines
Exception to Territorial Application: Instances enumerated under Article 2.
Prospective the law does not have any retroactive effect.
Exception to Prospective Application: when new statute is favorable to the accused.
Violations of the Revised Penal Code are referred to as malum in se, which literally means, that the act is inherently evil or bad or per se
wrongful. On the other hand, violations of special laws are generally referred to as malum prohibitum.
Note, however, that not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that
prohibited acts done in violation of special laws are always mala prohibita. Even if the crime is punished under a special law, if the act punished
is one which is inherently wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent is a valid defense; unless it is
the product of criminal negligence or culpa.