BarQs

Question 1

No. II. b. May a judge be charged and prosecuted for such felony? How about a public prosecutor? A police officer? Explain. (5%)

Answer 1

No, a judge may not be charged of this felony because his official duty as a public officer is not law enforcement but the determination of cases already filed in court.
On the other hand, a public prosecutor may be prosecuted for this crime in respect of the bribery committed, aside from dereliction of duty committed in violation of Art. 208 of the Revised Penal Code, should he refrain form prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift or present.
Meanwhile, a police officer who refrains from arresting such offender for the same consideration abovestated, may be prosecuted for this felony since he is a public officer entrusted with law enforcement.

Question 2

No. IV. a. Manolo revealed to his friend Domeng his desire to kill Cece. He likewise confided to Domeng his desire to borrow his revolver. Domeng lent it. Manolo shot Cece in Manila with Domeng’s revolver. As his gun was used in the killing, Domeng asked Mayor Tan to help him escape. The mayor gave Domeng P5,000.00 and told him to proceed to Mindanao to hide. Domeng went to Mindanao. The mayor was later charged as an accessory to Cece’s murder.
Can he be held liable for the charge? however, it was found that Roger and Jessie Explain. (4 %)

Question 3

Elements of Article 220 Illegal use of public funds or property

Answer 3

Elements:
1) That the offender is a public officer;
2) That there is a public fund or property under his administra*on;
3) That such public fund or property has been appropriated by law or ordinance;
4) That he applies the same to a public use other than that for which such fund or property has
been appropriated by law or ordinance.

Question 4

Elements of Arcle 171 – Falsificaon by public officer, employee or notary or ecclesias*cal minister

Answer 4

‘WWw

Question 5

Elements of False Tesmony in other cases and perjury in solemn affirmaon

Answer 5

1) That the accused made a statement under oath or executed an affidavit upon a material maNer;
2) That the statement or affidavit was made before a competent officer, authorized to receive and
administer oath;
3) That in that statement or affidavit, the accused made a willful and deliberate asser*on of a
falsehood; and
4) That the sworn statement or affidavit containing the falsity is required by law.

Question 6

Two ways of commiEng perjury:

Answer 6

1) By falsely tes*fying under oath;
2) By making false affidavit

Question 7

Acts Punishable in direct bribery:

Answer 7

A public officer commits direct bribery by:
1. Agreeing to perform, or by performing , in consideration of any offer, promise, gift or present, an act constituting a crime, in connection with the performance of his official duties
2. By accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty.
3. By agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of gift or present

Question 8

Elements of direct bribery

Answer 8

1. That the offender is a public officer within the scope of Ar*cle 203
2. That the offender accepts an offer or a promise or receives a gi] or present by himself or
   through another.
3. That such offer or promise be accepted, or gi] or present received by the public officer
   a) With a view to commiEng some crime; or
   b) In consideration of the execution of an act which does not cons*tute a crime, but the act must
   be unjust; or
   c) To refrain from doing something which it is his duty to do.
4. That the act which the offender agrees to perform or which he executes be connected with the
   performance of his official du*es.

Question 9

Material matter in perjury

Answer 9

It is the main fact which is the subject of the inquiry or any circumstance which tends to prove that fact, or any fact or circumstance which tends to corroborate or strengthen the testimony relative to the subject of inquiry, or which legitimately affects the credit of any witness who testified. (US v Estrana)

Question 10

VI. Bid Rotation

Answer 10

. In bid- rotation schemes, conspiring firms continue to bid, but they agree to take turns
being the winning bidder (i.e. lowest qualifying bidder).

Question 11

Interlocutory order.

Answer 11

Interlocutory order is an order which is issued by the court between commencement and the end of a suit or ac*on and which decides some point or maNer, but which, however, is not a final decision of the maNer in issue.

Question 12

What are the acts punishable in direct bribery.

Answer 12

A public officer commits direct bribery by:
1. Agreeing to perform, or by performing , in consideraon of any offer, promise, gi] or present, an act constung a crime, in connecon with the performance of his official dues.
2. By accepng gi] in consideraon of the execuon of an act which does not constute a crime, in connecon with the performance of his official duty.
3. By agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in considera*on of gi] or prom

Question 13

What are the elements common to all acts of Malversaon under Arcle 217.

Answer 13

Elements common to all acts of malversaon under Article 217.
a) That the offender be a public officer.
b) That he had custody or control of funds or property by reason of the dues of his office.
c) That those funds or property were public funds or property for which he was accountable.
d) That he appropriated, took, misappropriated or consen

Question 14

Acts punishable in malversa*on.

Answer 14

1) By appropriang public funds or property.
2) By taking or misappropriang the same

3) By consenng, or through abandonment or negligence, permiEng any other person to take such public funds or property
4) By being otherwise guilty of the misappropriaon or malversa*on of such funds or property.

Question 15

What are the crimes under infidelity in the custody of prisoners?

Answer 15

They are: i
1. Conniving with or consenng to evasion (Arcle 223)
2. Evasion through negligence (Art 224)
3. Escape of prisoner under the custody of a person not a public officer (Art 225)

Question 16

Malversaon of public funds or property from technical malversaon

Answer 16

Illegal use of public funds or property disnguished from malversaon under Arcle 217.
1) The offenders are accountable public officers in both crimes.
2) The offenders in illegal use of public funds or property does not derive any personal gain or
profit; in malversaon, the offender in certain cases profits from the proceeds of the crime.
3) In illegal use, the public fund or property is applied to another public use; in malversa*on, the
public fund or property is applied to personal use and benefit of the offender or of another person.

Question 17

Complex crime under Ar*cle 48 of the Revised Penal Code from Special Complex crime.

Answer 17

(a) Disnguish between an ordinary complex crime and a special complexcrime as to their concepts and as to the imposion of penales. 2%SUGGESTED ANSWER:(a)In concept -An ordinary complex crime is made up of two or more crimes beingpunished in disnct provisions of the Revised Penal Code but alleged in oneInformaon either because they were brought about by a single felonious act orbecause one offense is a necessary means for commiEng the other offense oroffenses. They are alleged in one Informaon so that only one penalty shall beimposed.A special complex crime, on the other hand, is made up of two or morecrimes which are considered only as components of a single indivisible offensebeing punished in one provision of the Revised Penal Code.As to penal*es -In ordinary complex crime, the penalty for the most serious crime shall beimposed and in its maximum period.In special

complex crime, only one penalty is specifically prescribed for allthe component crimes which are regarded as one indivisible offense. Thecomponent crimes are not regarded as disnct crimes and so the penalty for themost serious crime is not the penalty to be imposed nor in its maximum period. Is the penalty specifically provided for the special complex crime that shall beapplied according to the rules on imposi*on of penalty.

Question 18

Instigation versus entrapment

Answer 18

Instigation is the means by which the accused is lured into the commission of the offense charged in order to prosecute him. On the other hand, entrapment is the employment of such ways and means for the purpose of trapping or capturing a lawbreaker.

Question 19

Rodrigo and Leni are best friends. Leni convinced Rodrigo to invest in a Networking business. Rodrigo was at first hesitant to invest knowing that most of his friends told him that networking business is like a scam. When Rodrigo told this to Leni, the latter assured that she, being the best friend of Rodrigo, will not run away should there be problem. Such assurance prodded Rodrigo to invest. Months passed by,

Rodrigo contacted Leni about his share, but to no avail. Enraged for what Leni has done to him, Rodrigo filed a civil case for damages contending that Leni caused him sleepless nights considering that he invested One Million Pesos. Rodrigo hired the services of Atty. Dennis S. Bohol who drafted the complaint which was made under oath. When Samantha learned the charge pressed against her, she moves for the outright dismissal of the case for lack of action since Rodrigo fails to comply with the jurisdictional requirement that a demand letter must be first sent to the Respondent. In addition, she filed a criminal case for Perjury since Rodrigo, under oath, lied since the exact amount is not One Million but only One Thousand. As the prosecutor assigned to resolve the case, how will you resolve the case for Perjury? (5%)

Answer 19

The petition of Leni to dismiss the case against her person should be dismissed because the facts of the case satisfied all the elements of perjury.
The Revised Penal Code and prevailing jurisprudence provides that in order for the crime of perjury to exist, these elements must concur: 1.) that the offender made a statement under oath or executed an affidavit upon a material matter; 2.) that the statement or under oath was made before a competent authority authorized to receive and administer oaths; 3.) that in that statement or affidavit, the accused made a willful and deliberate assertion of falsehood; and 4.) that the sworn statement or affidavit containing the falsity is required by law.
In the case at bar, it should be noted that all the aforementioned elements are present, with special emphasis on the willful and deliberate assertion of falsehood that is increasing the amount involved from 1,000 pesos to 1 Million Pesos which constitute a material matter as contemplated in the first element.

Question 20

Rodrigo and Leni are best friends. Leni convinced Rodrigo to invest in a Networking business. Rodrigo was at first hesitant to invest knowing that most of his friends told him that networking business is like a scam. When Rodrigo told this to Leni, the latter assured that she, being the best friend of Rodrigo, will not run away should there be problem. Such assurance prodded Rodrigo to invest. Months passed by,

Rodrigo contacted Leni about his share, but to no avail. Enraged for what Leni has done to him, Rodrigo filed a civil case for damages contending that Leni caused him sleepless nights considering that he invested One Million Pesos. Rodrigo hired the services of Atty. Dennis S. Bohol who drafted the complaint which was made under oath. When Samantha learned the charge pressed against her, she moves for the outright dismissal of the case for lack of action since Rodrigo fails to comply with the jurisdictional requirement that a demand letter must be first sent to the Respondent. In addition, she filed a criminal case for Perjury since Rodrigo, under oath, lied since the exact amount is not One Million but only One Thousand. As the prosecutor assigned to resolve the case, how will you resolve the case for Perjury? (5%)

Answer 20

The petition of Leni to dismiss the case against her person should be dismissed because the facts of the case satisfied all the elements of perjury.
The Revised Penal Code and prevailing jurisprudence provides that in order for the crime of perjury to exist, these elements must concur: 1.) that the offender made a statement under oath or executed an affidavit upon a material matter; 2.) that the statement or under oath was made before a competent authority authorized to receive and administer oaths; 3.) that in that statement or affidavit, the accused made a willful and deliberate assertion of falsehood; and 4.) that the sworn statement or affidavit containing the falsity is required by law.
In the case at bar, it should be noted that all the aforementioned elements are present, with special emphasis on the willful and deliberate assertion of falsehood that is increasing the amount involved from 1,000 pesos to 1 Million Pesos which constitute a material matter as contemplated in the first element.

Question 21

Roland, 19 years old, was prosecuted for illegal possession of shabu. Being a first- time offender, he was placed on probation under the supervision of the Dangerous Drugs Board for 6 months. Thereafter, the court dismisses his case and ordered his discharge. Later, he took the CPA Board Examination. In the application under oath, he answered “No” to the question of whether or not any criminal case has even been filed against him in any court in the Philippines. What is the crime committed by Roland. Argue with legal basis (5%)

Answer 21

1. That the accused made a statement under oath or executed an affidavit upon material matter
2. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath;
3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and
4. That the sworn statement or affidavit containing the falsity is required by law. (People vs. Bautista, C.A., 40 O.G. 2491)
   All elements are present

Question 22

On January 27, 1989 at around 9:00 in the evening Danilo Laurel left his house together with Edwin Selda, a visitor from Bacolod City, to attend a public dance at Negros Occidental. After two hours, Danilo asked Edwin to take a I short break from dancing to attend to their personal necessities outside the dance hall. Once outside, they decided to have a drink and bought beer. Not long after, Danilo, halfway on his first bottle, left to look for a place to relieve himself. According to Edwin, he was only about three meters from Danilo who was relieving himself when a short, dark bearded man walked past him, approached Danilo and stabbed him at the side. Danilo retaliated by striking his assailant with half- filled bottle of beer. Almost simultaneously, a group of men numbering of seven (7), ganged up on Danilo and hit him with assorted weapons. Edwin, who was petrified, could only watch helplessly as Danilo was being mauled and overpowered by his assailants. Danilo fell to the ground and died before he could be given medical attention .Edwin Selda testified that he is not certain as to the identities of the suspects. John Does were charged for Tumultous Affray. Decide (5%)

Answer 22

Issue: Whether or not the trial court erred in finding Unlagada guilty of murder instead of tumultuousaffray under Art. 251 of the Revised Penal Code?
Held:Basic is the rule that the defense of alibi should be rejected when the identity of the accused has been sufficiently and positively established by an eyewitness because alibi cannot prevail overthe positive identification.
A tumultuous affray takes place when a
quarrel occurs between several persons
who engage in a confused and tumultuous manner,
in the course of which a person is killed or wounded
and the author thereof cannot be ascertained.
The quarrel in the instant case is between a distinct groupof individuals, one of whom was sufficiently identified as the principal author of the killing, asagainst a common, particular victim. It is not, as the defense suggests, a “tumultuous affray”within the meaning of Art. 251 of The Revised Penal Code, that is, a melee or free- for- all,where several persons not comprising definite or identifiable groups attack one another in aconfused and disorganized manner, resulting in the death or injury of one or some of them.Verily, the attack was qualified by treachery. The deceased was relieving himself, fully unawareof any danger to his person when suddenly the accused walked past witness Edwin Selda,approached the victim and stabbed him at the side. There was hardly any risk at all to accused-appellant; the attack was completely without warning, the victim was caught by surprise, andgiven no chance to put up any defense.Wherefore, the decision of conviction appealed from is affirmed

Question 23

The Vice Mayor suspended a TMO for alleged irregularity. Then he caused an administrative investigation of the TMO. The latter filed a Petition for Prohibition in the RTC which issued a Preliminary Writ of Injunction pending the resolution of the question of jurisdiction raised by the TMO. But the Vice Mayor continued the investigation. What is the crime committed by Vice Mayor? (4%)

Answer 23

ARTICLE 242. Disobeying Request for Disqualification.
That the offender is a public officer.
That a proceeding is pending before such public officer.
That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided.
That he has been lawfully required to refrain from continuing the proceeding.
That he continues the proceeding.

Question 24

Municipal Social Welfare and Development Office (MSWDO) of Leyte, operated a Core Shelter Assistance Program (CSAP) that provided construction materials to indigent calamity victims with which to rebuild their homes. The beneficiaries provided the labor needed for the construction. Sometime in June 2001, Garcia, CSAP Officer-in- Charge, sought the help of Polinio, an officer of the MSWDO and in charge of the Supplemental Feeding Program (SFP).Garcia informed Polinio that the beneficiaries stopped reporting for work for the reason that they had to find food for their families. Garcia feared that for such construction stoppage, it could possibly result in the loss of construction materials particularly the cement. Polinio told Garcia that the SFP still had sacks of rice and boxes of sardines in its storeroom. And since she had already distributed food to the mother volunteers, what remained could be given to the CSAP beneficiaries. Polinio and Garcia then went to Ysidoro, Leyte Municipal Mayor, to seek his approval. After explaining the situation, Ysidoro approved the release and signed the withdrawal for four sacks of rice and two boxes of sardines worth 3, 396 to CSAP. On August 27, 2001 Doller filed the present complaint against Ysidoro of violation of illegal use of public property (technical malversation) under Art. 220 of RPC. Decide. (5%)

Answer 24

ISSUE:Did the diversion of the subject goods to a public purpose different from their originally intended purpose amount to technical malversation?
RULING:
YES,it did.
The crime of technical malversation as penalized under Art. 220 of the RPC has three elements: a) that the offender is an accountable public officer; b) that he applies public funds or property under his administration to some public use; and, c) that the public use for which such funds or property were applied is different from the purpose for which they were originally appropriated by law or ordinance.
Ysidoro claims that he could not be held liable for the offense under its third element because the four sacks of rice and two boxes of sardines he gave the CSAP beneficiaries were not appropriated by law or ordinance for a specific purpose.
But the evidence shows that on November 8, 2000 the Sangguniang Bayan of Leyte enacted Resolution 00-133 appropriating the annual general fund for 2001.This appropriation was based on the executive budget which allocated P100,000 for the SFP and P113,957.64 for the Comprehensive and Integrated Delivery of Social Services which covers the CSAP housing projects. The creation of the two items shows the Sanggunian’s intention to appropriate separate funds for SFP and the CSAP in the annual budget.
Since the municipality bought the subject goods using SFP funds, then those goods should be used for SFP’s needs. If Ysidoro could not legally distribute the construction materials appropriated for the CSAP housing beneficiaries to the SFP malnourished clients neither could he distribute the food intended for the latter to CSAP bene ficiaries.
DECISION:
Supreme Court AFFIRMS IN ITS ENTIRETY the Decision of the Sandiganbayan.
The law and this Court, recognize that his offense is not grave, warranting a MERE FINE.

Question 25

Klent was appointed municipal president of the municipality of Magsingal on October 28, 1912, on which date he entered upon the duties of his office, and while on duty as said president, the municipal council on December 9 of the same year, 1912, and under his presidency, approved and passed Regulation No. 7, for the leasing of fishponds in the said municipality, article 10 whereof provided that the lease holders of various sections of said fishponds, among which was section 102, should continue in their leases so long as they paid the rental fixed for each of the respective sections, without prejudice to granting them to others who might desire to bid for them, in case such lease holders should waive their preferential right. On the 16th of the said month of December, when the auction or bidding for the different sections of said fishponds was held in the town hall of said municipality, it was recorded in Minute No. 54, series of 1912,entered for that purpose that the accused (Klent), who participated therein and moreover presided over the auction, took part in the bidding for the said section No. 102 of the fishpond of Pagsanaan, and that that section was adjudicated to him as the highest bidder for the sum of two pesos a year. What is the crime, if any, did Klent commit? (5%)

Answer 25

Art 216. Possession of prohibited interest by a public officer Article 216 of the Penal Code punishes the action of a public official in becoming interested in any kind of contract or operation in which he must intervene by reason of his office. In performing such an action, as Viada says in his commentaries on the Penal Code, the officer does nothing more than violate a prohibition; hence no fraud exists therein, but there does exist the possibility that he may perpetrate fraud, or at least that he may subordinate the state's interest to his own. The defendant became interested and took direct part in the leasing of property of the municipality of Magsingal, wherein he had to intervene by reason of his office as president of said municipality, and he has therefore openly violated the said provision. Who are liable for possession of prohibited interest? 1. Public officer who, directly or indirectly, became interested in any contract or business in which it was his official duty to intervene. 2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted. 3. Guardians and executors with respect to the property belonging to their wards or the estate.

Question 26

The accused is convicted for homicide and is sentenced to suffer the penalty of Reclusion Temporal. What is proper imposable penalty applying the indeterminate sentence law if there is a privileged mitigating and an ordinary circumstance but no aggravating circumstance? Explain.(10%).

Answer 26

Under the Indeterminate Sentence Law, in imposing a sentence, the court must determine two penalties composed of the "maximum" and "minimum" terms, instead of imposing a single fixed penalty.17 Hence, the indeterminate sentence is composed of a maximum term taken from the penalty imposable under the Revised Penal Code and a minimum term taken from the penalty next lower to that fixed in the said Code. The maximum term corresponds to "that which, in view of the attending circumstances, could be properly imposed under the rules of the [Revised Penal] Code." Thus, "attending circumstances" (such as mitigating, aggravating and other relevant circumstances) that may modify the imposable penalty applying the rules of the Revised Penal Code is considered in determining the maximum term. Stated otherwise, the maximum term is arrived at after taking into consideration the effects of attendant modifying circumstances. On the other hand, the minimum term "shall be within the range of the penalty next lower to that prescribed by the [Revised Penal] Code for the offense." It is based on the penalty prescribed by the Revised Penal Code for the offense without considering in the meantime the modifying circumstances.18 Under the Indeterminate Sentence Law, the maximum term of the penalty shall be "that which, in view of the attending circumstances, could be properly imposed" under the Revised Penal Code, and the minimum shall be "within the range of the penalty next lower to that prescribed" for the offense." The penalty next lower should be based on the penalty prescribed by the Code for the offense, without first considering any modifying circumstance attendant to the commission of the crime. The determination of the minimum penalty is left by law to the sound discretion of the court and it can be anywhere within the range of the penalty next lower without any reference to the periods into which into which it might be subdivided. The modifying circumstances are considered only in the imposition of the maximum term of the indeterminate sentence. Maximum term is Prision Mayor at its minimum period while the minimum term is any period in Prision Correccional.

Question 27

Article 248 Murder

Answer 27

Any person who, not falling within the provisions of Article 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua to death if committed with any of the following attendant circumstances: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing IV. Article 353 Libel Definition of libel – A libel is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. means to weaken the defense, or of means to insure or afford impunity; 2. In consideration of a price, reward, or promise; 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of volcano, destructive cylone, epidemic, or other public calamity; 5. With evident premeditation; 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

Question 28

Article 248 Murder

Answer 28

Any person who, not falling within the provisions of Article 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua to death if committed with any of the following attendant circumstances: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing IV. Article 353 Libel Definition of libel – A libel is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. means to weaken the defense, or of means to insure or afford impunity; 2. In consideration of a price, reward, or promise; 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of volcano, destructive cylone, epidemic, or other public calamity; 5. With evident premeditation; 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

Answer 29

Any person who, not falling within the provisions of Article 246, shall kill another, without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.

Question 30

Article 349 Bigamy

Answer 30

The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of judgment rendered in the proper proceedings.

Question 31

Article 353 Libel

Answer 31

Definition of libel – A libel is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Question 32

Bill of Attainder

Answer 32

A bill of attainder is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative for a judicial determination of guilt.

Question 33

Crime

Answer 33

Crime is defined as an act committed or omitted in violation of public law forbidding or commanding it.

Question 34

-

Question 35

Elements of Discharge of Firearms

Answer 35

1. That the offender discharges a firearm against or at another person 2. That the offender has no intention to kill that person.

Question 36

What are the acts punished in duel?

Answer 36

1. By killing one’s adversary in a duel. 2. By inflicting upon such adversary physical injuries. 3. By making a combat although no physical injuries have been inflicted.

Question 37

What are the crimes under infidelity in the custody of prisoners

Answer 37

1. Infidelity in the custody of prisoners (223 and 224) 2. Infidelity in the custody of documents (226 to 228) 3. Revelation of secrets (229 and 230)

Question 38

What is the criminal liability, if any, of a private person who enters the dwelling of another against the latter's will and by means of violence or intimidation for the purpose of preventing some harm to himself?

Answer 38

Under Article 280 of the Revised Penal Code, qualified trespass to dwelling is committed by any private person who shall enter the dwelling of another against the latter􏰀s will and by means of violence or intimidation. However, the provisions of Article 280 shall not be applicable to any person who shall enter another􏰀s dwelling for the purpose of preventing some serious harm to himself.

Question 39

A widower of ten years, septuagenarian Canuto felt that he had license to engage in voyeurism. If not peeping into his neighbors􏰀 rooms through his powerful single-cylinder telescope, he would trail young, shapely damsels along the hallways of shopping malls. While going up the escalator, he stayed a step behind a mini-skirted one, and in a moment of excitement, put his hand on her left hip and massaged it. The damsel screamed and hollered for help. Canuto was apprehended and brought up on inquest. What charge/s, if any, may he be held responsible for? Explain. (2010 Bar Question)

Answer 39

Canuto ma􏰁 be held liable onl􏰁 for the milder crime of 􏰃unjust ve􏰆ation􏰄 􏰅hich is a form of light coercion under Art. 287 of the Revised Penal Code. Holding the hip of a person is not per se lascivious but undoubtedly annoys, irritates, and vexed the young offended party.

Question 40

At the Maligaya Disco Club, Leoncio and Evelyn were intimately dancing a very seductive dance number. While gyrating with their bodies, Leoncio dipped his private parts in Evel􏰁n􏰀s buttocks. Incensed, Evelyn protested, but Leoncio continued and tightly embraced her. Would your answer be the same if, even after the music had stopped, Leoncio continued to dance dirt􏰁, rubbing his private parts on Evel􏰁n􏰀s buttocks? E􏰆plain. (2009 Bar Question)

Answer 40

No, the crime would then be acts of lasciviousness. That the music for dancing had already stopped, puts an end to any pretense of dancing by Leoncio. His continued dirty acts absent the dancing as there was no music anymore is patently lewd and lascivious. More so, Evelyn already protested Leoncio􏰀s le􏰅d acts in the course of dancing.

Question 41

The creditor who resorts to forced labor of a child under the pretext of reimbursing himself for the debt incurred b􏰁 the child􏰀s father commits the crime of slaver􏰁. (2009 Bar Question)

Answer 41

False, the proper offense is exploitation of child labor (Art. 273, RPC). This is committed by a person, who under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall against the minor􏰀s will, retain him in his services.

Question 42

Virgilio, armed with a gun, stopped a van along a major thoroughfare in Manila, pointed the gun at the driver and shouted: "Tigil! Kidnap ito!" Terrified, the driver, Juanito, stopped the van and allowed Virgilio to board. Inside the van were Jeremias, a 6-year-old child, son of a multi-millionaire, and Dada􏰁, the child􏰀s nann􏰁. Virgilio told Juanito to drive to a deserted place, and there, ordered the driver to alight. Before Juanito was allowed to go, Virgilio instructed him to tell Jeremias􏰀 parents that unless the􏰁 give a ransom of P10-million within two (2) days, Jeremias would be beheaded. Daday was told to remain in the van and take care of Jeremias until the ransom is paid. Virgilio then drove the van to his safehouse. What crime or crimes, if any, did Virgilio commit? Explain. (2009 Bar Question)

Answer 42

The crime committed against Jeremias, the 6-year-old child, is Kidnapping with Serious Illegal Detention under Art. 267(4) of the Revised Penal Code. The criminal intent of Virgilio is to deprive Jeremias his liberty to demand ransom. Whether or not the ransom was eventually obtained will not affect the crime committed because the demand for ransom is not an element of the crime; it only qualifies the penalty to death but the imposition of the penalty is now prohibited by Rep. Act. No. 9346. As to Daday, the nanny of the child who was told to remain in the van and take care of the child until the ransom is paid, the crime committed by Virgilio is Serious Illegal Detention because the offended party deprived of liberty is a female (Art. 267, par.4, RPC). Virgilio committed Grave Coercion (Art. 286, RPC) for seriously intimidating the driver with a gun pointed at him to drive to a deserted place.

Question 43

What crime is committed by a capataz who enrolls two fictitious names in the payroll and collects their supposed daily wages every payday? (2017 Bar Question)

Answer 43

The crime committed is Estafa through Falsification of Public Documents. A capataz is a foreman for the government and since the falsification of the public document is committed as a means to commit estafa, the proper charge is estafa through falsification of public documents.

Question 44

Dora gave Elen several pieces of jewelry for sale on commission basis. They agreed that Elen would remit the proceeds of the sale and return the unsold items to Dora within sixty days. The period expired without Elen remitting the proceeds of the sale or returning the pieces of jewelry. Dora demanded by phone that Elen turn over the proceeds of the sale and return the unsold pieces of jewelry. Elen promised to do so the following day. Elen still failed to make good on her promise but instead issued post-dated checks. Thereafter, Dora made several more demands, the last of which was in writing, but they were all unheeded. When the checks were deposited in Dora's bank account, the checks were returned unpaid for insufficient funds. Elen was charged with estafa and violation of Batas Pambansa Blg. 22. Will the charges against Elen prosper? Explain.

Answer 44

Yes, the charges will prosper. Elen committed Estafa through Misappropriation punished under Art. 315, par. 1(b) of the Revised Penal Code because she received the pieces of jewelry on commission, for the purpose of selling, and remitting to Dora the proceeds thereof, and failed to return or remit the same lapse of the period agreed upon. Elen􏰀s failure to return 􏰅ithin 􏰅ithin such period agreed upon is a presumption of misappropriation of the jewelry. Thus, there would be no more need to present any act of misappropriation. In issuing the unfunded checks, Elen is also liable for several counts of violation of Batas Pambansa Blg. 22 or the Bouncing Checks Law.

Question 45

What is an ex-post facto law?

Answer 45

Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act Aggravates a crime, or makes it greater than it was, when committed Prescribes greater punishment for a crime already committed Alters the legal rules of evidence so as to make ti substantially easier to convict a defendant Alters, in relation to the offense or its consequences, the situation of the person, to his disadvantage Assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful Deprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal or a proclamation of amnesty Gives a law retroactive application to the prejudice of the accused