Professional Documents
Culture Documents
I.
II.
III.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------A cannot be charged with plunder but shall be proceeded against each of the crimes he
committed.
1. Technical malversation.
2. Violations of RA 3019
IV.
Qualified theft.
Madam X and Madam Y committed the crime of qualified theft.
Under the Revised Penal Code, to fall under the crime of qualified theft, the
following elements must concur:
1. there is a taking of personal property;
(that the/it be)
2. said property belongs to another;
3. said taking be done with intent to gain;
4. done without the owners consent;
5. accomplished without the use of violence or intimidation against persons, nor of
force upon things; and
6. done with grave abuse of confidence.
It is a settled jurisprudence that bank teller occupies a position of confidence.
Here, all the elements for the crime of qualified theft was committed by
Madam X as principal by direct participation and Madam W as principal by
indispensable cooperation.
V.
VI.
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VII.
VIII.
The act of Pretty in taking her own life by hanging is an act foreign from the
felony committed by Guapo and Pogi.
The law requires that to make anyone liable for felony committed their act
must be the proximate case of the same felony.
Proximate cause means all the direct, natural and logical consequences that
will result from the commission of the felony. Here, suicide is not a direct, natural
and logical consequences of either forcible abduction or rape.
IX.
A conviction requires certitude that the robbery is the main purpose and
objective of the malefactor, and the killing is merely incidental to the robbery. The
intent to rob must precede the taking of human life although the killing may occur
before, during or after the robbery.
Here, the overriding intention of A, B, and Cs conspiracy was to rob Mr. Ds
house.
While it was undisputed that only B accidentally shot D, it is a settled
jurisprudence that whenever homicide has been committed by reason of or on the
occasion of the robbery, all those who took part as principals in the robbery will also
be held guilty as principals of robbery with homicide although they did not take part
in the homicide, unless it appears that they sought to prevent the killing. It is
immaterial that death would supervene by mere accident or that the victim of
homicide is other than the victim of robbery. Hence , A and B committed the special
complex crime of robbery and homicide.
On the other hand, C committed robbery only.
Under the Revised Penal Code, a person is liable only to the extent of his
knowledge or participation in the commission of the crime.
C did not have anything to do with the killing made by B as he was positioned
as mere look out for the commission of robbery. But by reason of the conspiracy to
commit robbery, C is liable for said crime.
X.
Anti-trafficking in persons.
Loko is liable for violation of Anti-trafficking in Persons Act of 2003 (RA 9208)
in relation to Special Protection of Children against Child Abuse, Exploitation and
Discrimination Act (RA 7610, as amended).
Under ATi PA of 2003 (RA 9208), it shall be unlawful for any person, natural or
juridical, to recruit, transport, harbor, provide or receive a person by any
means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage.
Also, the minority of Ganda qualifies the crime of trafficking.
Under SPo. CA CaEDA (RA 7610, as amended), any who shall engage in
trading and dealing with children including, but not limited to, the act of
buying and selling of a child for money, or for any other consideration, or
barter is punishable. The mere act of selling or bartering is punishable. The child
is not taken against his will.
XI.
Impossible crime.
A, in a public place, fired his gun at B with the intention of killing B, but the gun did
not fire because the bullet is a dud.
Note: Firing of a gun resulting to variant crimes.
When you fire a gun in a public place, then it will be alarm and scandal (RPC,
Art. 155) when the purpose of firing of the gun is to cause a public disturbance.
1. If the gun is fired in a public place merely to disturb alarm and scandal.
2. If a gun is fired at somebody else without the intent to kill illegal discharge of
firearm.
3. But if with intent to kill and the victim is not killed attempted felony.
4. If you fire the gun aimed at somebody else with the intent to kill, and he was not
killed, and then he spontaneously desisted at that stage grave threat.
5. If the tried to fire a gun without intent to kill -- aimed at somebody else, with
proper bullet, but the gun did not fire frustrated illegal discharge of
firearm.
6. If the gun is fired, not knowing that there is no bullet (without intent to kill)
impossible crime.
XII.
The illegal detention was not a necessary means to the commission of the crime
rape.
XIII.
Impossible crime.
XIV.
XV.
XVI.
XIX.
Theft.
Cleptos defense is not tenable.
Under the Revised Penal Code, the elements of theft are the following:
1. there is a taking of personal property;
(that the/it be)
2. said property belongs to another;
3. said taking be done with intent to gain;
4. done without the owners consent; and
XXI.
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It is a settled rule that even if there is no direct proof of forgery, the legal
presumption that the possessor or user of a forged document is the author
of the forgery applies.
In a case decided by the Supreme Court, it was held that although one of the
essential elements of estafa is damage or prejudice to the offended party, in the
absence of proof thereof, the offender would be guilty of attempted estafa.
Mr. Gray commenced the commission of the crime of estafa but he failed to
perform all the acts of execution which would produce the crime not by reason of his
spontaneous desistance but because of his apprehension by the authorities before he
could have obtained the amount and thereby causes damage or prejudice to the
offended party.
B. No, Mr. Gray is not correct.
At the time of Mr. Grays apprehension, the bank and the authorities were
already alerted of the complaint filed by Mr. White. The absence of a direct proof that
Mr. Gray was the author of the falsification is of no moment for the rule remain that
whenever someone has in his possession falsified documents and uttered or used
the same for his advantage and benefit, the presumption that he authored it arises.
The channeling of the checks to his savings account, his subsequent
withdrawals of said amount sufficiently establish his involvement in the attempted
estafa through use of commercial documents.
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