LIBERTAS ET IUSTICIA

2015 MERCANTILE LAW

What are the three cardinal features or main characteristics of Philippine Criminal Law?
1. Generality or its being binding to all persons who live or sojourn in Philippine territory subject to
certain exceptions
2. Territoriality or its having force and effect only within Philippine territory, subject to certain
exceptions also
3. Irretrospectivity/Prospectivity or its application only to acts and omissions committed/incurred after
the effectivity of the law except if it favors the offender unless he is a habitual delinquent or the law
otherwise provides
What is the doctrine of pro reo?
It means that whenever a penal law is to be construed or applied and the law admits of two interpretations,
one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable
to the offender will be adopted.
What are the Constitutional limitations on the power of the legislature in enacting penal laws?
1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws. (Sec. 1, Art. III, 1987 Constitution)
2. No person shall be held to answer for a criminal offense without due process of law. (Sec. 14, [1],
Art. III, 1987 Constitution)
3. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. (Sec. 19
[1], Art. III, 1987 Constitution)
4. No ex post facto law or bill of attainder shall be enacted. (Sec. 22, Art. llI, 1987 Constitution)
What are the requisites of dolo?
1. Criminal intent
2. Freedom of action
3. Intelligence
What crimes cannot be committed through culpa (negligence or imprudence)?
1.
2.
3.
4.

Murder
Treason
Robbery
Malicious mischief

May a crime be committed without criminal intent?

Yes. A crime may be committed without criminal intent if such is: (a)
a culpable felony, wherein
intent is substituted by negligence or imprudence; and (b) a malum prohibitum or if an act is punishable
by special law.
When are light felonies punishable? Who are liable in such a felony?
Light felonies are punishable only when they are consummated, except when committed against persons
or property.

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Nam omnia praeclara tam difficilia quam rara sunt

For all that is excellent and eminent is as difficult as it is rare
-Spinoza on Ethics

Only the principals and the accomplices are liable in light felonies. Accessories are not liable for light
felonies.
Distinguish motive from intent.
Motive is the moving power which impels a person to do an act for a definite result; while intent
is the purpose for using a particular means to bring about a desired result. Motive is not an element of a
crime but intent is an element of intentional crimes. Motive, if attending a crime, always precede the
intent.
Distinguish, in their respective concepts and legal implications, between crimes mala in se and
crimes mala prohibita.
Crimes mala in se are those where the acts or omissions penalized are inherently bad, evil, or wrong
that they are almost universally condemned. Crimes mala prohibita are those where the acts penalized
are not inherently bad, evil, or wrong but prohibited by law for public good, public welfare or interest and
whoever violates the prohibition are penalized.
In crimes mala in se, good faith or lack of criminal intent/ negligence is a defense, while in crimes
mala prohibita, good faith or lack of criminal intent or malice is not a defense; it is enough that the
prohibition was voluntarily violated.
Also, criminal liability is generally incurred in crimes mala in se even when the crime is only
attempted or frustrated, while in crimes mala prohibita, criminal liability is generally incurred only
when the crime is consummated.
Also in crimes mala in se, mitigating and aggravating circumstances are appreciated in imposing the
penalties, while in crimes mala prohibita, such circumstances are not appreciated unless the special law
has adopted the scheme or scale of penalties under the Revised Penal Code.
May an act be malum in seand be, at the same time, malum prohibitum?
Yes, an act may be malum in se and malum prohibitum at the same time. In People v. Sunico, etaL, (CA
50 OG 5880) it was held that the omission or failure of election inspectors and poll clerks to include a
voter's name in the registry list of voters is wrong per se because it disenfranchises a voter of his right
to vote. In this regard it is considered as malum in se. Since it is punished under a special law (Sec. 101
and 103, Revised Election Code), it is considered malum prohibitum.
Distinguish aberratio ictus from error in personae.
Aberratio ictus or mistake in the blow occurs when a felonious act missed the person against whom it
was directed and hit instead somebody who was not the intended victim. Aberratio ictus brings about
at least two (2) felonious consequence. i.e the attempted felony on the intended victim who was not hit
and the felony on the unintended victim who was hit. A complex crime of the first form under Art. 48,
RPC generally result.
Error in personae, or mistake in identity occurs when the felonious act was directed at the person
intended, but who turned out to be somebody else. In error in personae only one crime is committed.

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Distinguish between recidivism and quasi-recidivism.

In recidivism:
a) The convictions of the offender are for crimes embraced in the same Title of the Revised Penal
Code; and
b) This circumstance is generic aggravating and therefore can be offset by an ordinary mitigating
circumstance.
Whereas in quasi-recidivism:
a) The convictions are not for crimes embraced in the same Title of the Revised Penal Code, provided
that it is a felony that was committed by the offender before serving sentence by final judgment
for another crime or while serving sentence for another crime; and
b) This circumstance is a special aggravating circumstance which cannot be offset by any mitigating
circumstance.
Distinguish between an ordinary complex crime and a special complex crime as to their concepts
and as to the imposition of penalties.
An ordinary complex crime is made up of two or more crimes being punished in distinct provisions of
the Revised Penal Code but alleged in one Information either because they were brought about by a
single felonious act OR because one offense is a necessary means for committing the other offense or
offenses. They are alleged in one Information so that only one penalty shall be imposed.
A special complex crime (composite crime), on the other hand, is made up of two or more crimes which
are considered only as components of a single indivisible offense being punished in one provision of the
Revised Penal Code.
In ordinary complex crime, the penalty for the most serious crime shall be imposed and in its
maximum period.
In special complex crime, only one penalty is specifically prescribed for all the component crimes which
are regarded as one indivisible offense. The component crimes are not regarded as distinct crimes and so
the penalty for the most serious crime is not the penalty to be imposed nor in its maximum period. It is the
penalty specifically provided for the special complex crime that shall be applied according to the rules on
imposition of the penalty.
Distinguish clearly but briefly between compound and complex crimes.
Compound crimes result when the offender committed only a single felonious act from which two or
more crimes resulted. This is provided for in modified form in the first part of Article 48, Revised Penal
Code, limiting the resulting crimes to only grave and/or less grave felonies. Hence, light felonies are
excluded even though resulting from the same single act.
Complex crimes result when the offender has to commit an offense as a necessary means for
committing another offense. Only one information shall be filed and if proven, the penalty for the more
serious crime shall be imposed.

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Nam omnia praeclara tam difficilia quam rara sunt

For all that is excellent and eminent is as difficult as it is rare
-Spinoza on Ethics

Distinguish between an accomplice and a conspirator.

a) An accomplice incurs criminal liability by merely cooperating in the execution of the crime
without participating as a principal, by prior or simultaneous acts; whereas a conspirator
participates in the commission of a crime as a co-principal.
b) An accomplice incurs criminal liability in an individual capacity by his act alone of cooperating
in the execution of the crime; while a conspirator incurs criminal liability not only for his individual
acts in the execution of the crime but also for the acts of the other participants in the commission of
the crime collectively. The acts of the other participants in the execution of the crime are considered
also as acts of a conspirator for purposes of collective criminal responsibility.
c) An accomplice participates in the execution of a crime when the criminal design or plan is
already in place; whereas a conspirator participates in the adoption or making of the criminal design.
d) An accomplice is subjected to a penalty one degree lower than that of a principal; whereas a
conspirator incurs the penalty of a principal.
What is a proximate cause?
Proximate cause has been defined as that cause, which, in natural and continuous sequence, unbroken by
any efficient intervening cause, produces the injury, and without which the result would not have
occurred (People v. Villacorta, G.R. No. 186412, September 7, 2011).
As a rule, the offender is criminally liable for all the consequences of his felonious act, although not
intended, if the felonious act is the proximate cause of the felony.
What are the requisites of an impossible crime?
1.
2.
3.
4.

Act performed would be an offense against persons or property.

Act was done with evil intent
Accomplishment is inherently impossible or means employed is either inadequate or ineffectual
Act performed should not constitute a violation of another provision of RPC

What is an indeterminate offense?

It is where the purpose of the offender in performing an act is not certain. Its nature and relation to its
objective is ambiguous.
What are the legal effects of implied conspiracy
1. Not all those who are present at the scene will be considered as conspirators
2. Only those who participated by criminal acts in the commission of the crime will be considered as coconspirators
3. Mere acquiescence to or approval of the commission of the crime, without any act of criminal
participation, shall not render one criminally liable as co-conspirator.
What is the meaning of stand ground when right?
The law does not require a person to retreat when his assailant is rapidly advancing upon him with a
deadly weapon, because he runs the risk of being attacked in the back by the aggressor.

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What are the elements of unlawful aggression?

1. There must be a physical or material attack or assault;
2. The attack or assault must be actual, or, at least, imminent; and
3. The attack or assault must be unlawful
What is the meaning of a child in conflict with the law?
It refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under
Philippine laws.
What are the requisites of confession of guilt as a mitigating circumstance?
1. The offender voluntarily confessed his guilt.
2. It was made in open court (that is before the competent court that is to try the case).
3. It was made prior to the presentation of evidence for the prosecution.
Is life imprisonment is a penalty more favorable to the convict than reclusion perpetua?
No. Life imprisonment is unfavorable to a convict because the penalty is without a fixed duration, unlike
reclusion perpetua which has a fixed duration of 40 years and the convict may be eligible for pardon after
30 years of imprisonment
What is the difference between reclusion perpetua and life imprisonment?
Reclusion perpetua is a penalty prescribed by the RPC with a fixed duration of imprisonment from 20
years and 1 day to 40 years and carries it with accessory penalties. Life imprisonment on the othe hand is
a penalty prescribed by special laws, with no fixed duration of imprisonment and without any accessory
penalty.
How are the maximum and the minimum terms of the indeterminate sentence determined?
For crimes punished under the Revised Penal Code, the maximum term of the Indeterminate Sentence
shall be the penalty properly imposable under the same Code after the penalty properly imposable under
the same Code after considering the attending mitigating and/or aggravating circumstances. The
minimum term of the same sentence shall be fixed within the range of the penalty next lower in degree to
that prescribed for the crime under the said Code.
For crimes punished under special laws, the indeterminate sentence shall consist of a maximum term
which shall not exceed the maximum fixed by the special law and a minimum term which shall not be
less than the minimum term prescribed by the same.
What is the purpose for fixing the maximum and the minimum terms of the indeterminate
sentence?
The purpose of the law in fixing the minimum term of the sentence is to set the grace period at which the
convict may be released on parole from imprisonment, unless by his conduct he is not deserving of parole
and thus he shall continue serving his prison term in jail but in no case to go beyond the maximum term
fixed in the sentence.

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Nam omnia praeclara tam difficilia quam rara sunt

For all that is excellent and eminent is as difficult as it is rare
-Spinoza on Ethics

When would the Indeterminate Sentence Law be inapplicable?

1.
2.
3.
4.
5.
6.
7.

persons convicted of offenses punished with death penalty or life-imprisonment;

to those convicted of treason, conspiracy or proposal to commit treason;
to those convicted of misprision of treason, rebellion, sedition or espionage;
to those convicted of piracy;
to those who are habitual delinquents;
to those who have escaped from confinement or evaded sentence;
to those who having been granted conditional pardon by the Chief Executive shall have violated the
terms thereof;
8. to those whose maximum term of imprisonment does not exceed one year,
9. to those already sentenced by final judgment at the time of approval of this Act,
10. those whose sentence imposes penalties which do not involve imprisonment like destierro
Who are the offenders disqualified from availing themselves the benefits of the probation law?
The following offenders are disqualified from availing of the benefits of the Probation Law:
1. those sentenced to serve a maximum term of imprisonment of more than 6 years
2. those convicted of subversion or any crime against national security or public order
3. those who have previously been convicted by final judgment of an offense punished by imprisonment
of not less than one month and one day and/ or a fine of not less than P200
4. those who have been once on probation under the provisions of the decree
5. those who are already serving sentence at the time the substantive provisions of this decree applicable
pursuant to Sec 33 of PD 968.
Is there such a crime as estafa through negligence?
There is no such crime as estafa through negligence. In estafa, the profit or gain must be obtained by the
accused personally, through his own acts, and his mere negligence in allowing another to take advantage
of/or benefit from the entrusted property cannot constitute estafa.
Can an accused be charged with BP 22 and estafa?
Yes. Although there can be no complex crime of estafa and violation of BP 22 because complex crimes
refer only to felonies punished by the RPC, a person can be liable for the two offenses. BP 22 specifically
provides that liability under said act is without prejudice to any liability for estafa under the RPC.
Damage is not an element of the offense punished by BP 22 whereas in estafa, damage is an element.
Estafa is an act mala in se which requires intent as an element while the offense punished by BP 22 is an
act mala prohibita where intent is not an element. However, if the check was postdated and in payment of
a pre-existing obligation, the liability is only for violation of BP 22 and not estafa
In the crime of libel, is truth an absolute defense?
No. Art. 361 of the RPC provides that proof of truth shall be admissible in libel cases only if the same
imputes a crime or is made against a public officer with respect to facts related to the discharge of their
official duties, and moreover must have been published with good motives and for justifiable ends.
Hence, truth as a defense on its own, is not enough.

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Distinguish rebellion from coup d'etat.

In rebellion, there is public uprising and taking up arms against the Government. In coup d'etat
public uprising is not necessary. The essence of the crime is a swift attack, accompanied by violence,
intimidation, threat, strategy or stealth, directed against duly constituted authorities of the
Government, or any military camp or installation, communication networks, public utilities or facilities
needed for the exercise and continued possession of government power;
Purpose: In rebellion, the purpose is to remove from the allegiance of the Philippines, the whole or any
part or the Philippines or any military or naval camps, deprive the Chief Executive or Congress from
performing their functions. In coup d'etat the objective is to seize or diminish state powers.
Participation: In rebellion, any person may participate. In coup d'etat, any person belonging to the
military or police or holding public office, with or without civilian participation.
Can a person charged with delivery or infidelity in the custody of prisoners be charged under P.D.
1829 (Obstruction of Justice)?
No. P.D. 1829 is absorbed in the crime of delivery of prisoners from jail or infidelity in the custody of
prisoners.
When is counterfeiting not forgery?
The subject of forgery should be treasury or bank notes. If the subject of forgery were a document other
than these, the crime would be falsification. (Boado, 2008)
Is good faith a defense if a private individual falsified a public document?
Yes. There is no falsification of a public document if the acts of the accused are consistent with good
faith. Misstatements or erroneous assertion in a public document will not give rise to falsification as long
as he acted in good faith and no one was prejudiced by the alteration or error.
Is there a complex crime of estafa through falsification of a private document?
None. The fraudulent gain obtained through deceit in estafa, in the commission of which a private
document was falsified is nothing more or less than the very damage caused by the falsification of such
document. The proper crime to be charged is estafa, if estafa can be committed without falsification, such
as when a private document is falsified to conceal the misappropriation of money in possession of the
offender, or when estafa was already consummated. If estafa cannot be committed without falsification,
then the crime is falsification such as when the private document is falsified to obtain the money which
was later misappropriated.
Is there a falsification of private document through reckless imprudence?
No, since in falsification of private document, there is at least intent to cause damage, there must be
malice, and falsification through imprudence implies lack of such intent or malice. There is no such crime
as falsification of private document through negligence or reckless imprudence.

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Nam omnia praeclara tam difficilia quam rara sunt

For all that is excellent and eminent is as difficult as it is rare
-Spinoza on Ethics

What are the elements of perjury?

1.
2.
3.
4.

Accused made a statement under oath or executed an affidavit upon a material matter
Statement or affidavit was made before a competent officer, authorized to receive and administer oath
In that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood
Sworn statement or affidavit containing the falsity is required by law

May the crime of illegal sale of drugs be consummated without the exchange of the marked money?
Yes. The consummation of the crime of illegal sale of drugs may be sufficiently established even in the
absence of an exchange of money. Mere showing of the said regulated drug does not negate the existence
of an offer to sell or an actual sale. The crime of illegal sale of drugs is committed as soon as the sale
transaction is consummated. The payment could precede or follow delivery of the drug sold. In a "buybust" operation, what is important is the fact that the poseur-buyer received the shabu from the offender
and that the same was presented as evidence in Court. In short, proof of the transaction suffices.
Does the absence of coordination with PDEA render the buy bust operation invalid?
No. In People v. Roa, this Court held that coordination with the PDEA is not an indispensable
requirement before police authorities may carry out a buy-bust operation. While it is true that Section 86
of Republic Act No. 9165 requires the National Bureau of Investigation, PNP and the Bureau of Customs
to maintain "close coordination with the PDEA on all drug related matters," the provision does not, by so
saying, make PDEAs participation a condition sine qua non for every buy-bust operation. After all, a
buy-bust is just a form of an in flagrante arrest. A buy-bust operation is not invalidated by mere noncoordination with the PDEA.
What is the "chain of custody" requirement in drug offenses? What is its rationale? What is the
effect of failure to observe the requirement?
"Chain of custody" requirement in drug offenses refers to the duly recorded, authorized movement and
custody of seized dangerous drugs, controlled chemicals, plant sources of dangerous drugs, and
laboratory equipment for dangerous drugs from the time of confiscation/seizure thereof from the
offender, to its turn-over and receipt in the forensic laboratory for examination, to its safekeeping
and eventual presentation/offer in court as evidence of the criminal violation, and for destruction.
(Dangerous Drugs Board Regulation No.1 Series of 2002)
Its rationale is to preserve the authenticity of the corpus delicti or body of the crime by rendering it
improbable that the original item seized/confiscated in the violation has been exchanged or substituted
with another or tampered with or contaminated. It is a method of authenticating the evidence as would
support a finding beyond reasonable doubt that the matter is what the prosecution claims it to be.
Failure to observe the "chain of custody" requirement renders the evidence questionable, not
trustworthy and insufficient to prove the corpus delicti beyond reasonable doubt.
What are the elements of grave scandal?
1.
2.
3.
4.

Offender performs an act or acts;

Such act or acts be highly scandalous as offending against decency or good customs;
Highly scandalous conduct is not expressly falling within any other article of this Code;
Act or acts complained of be committed in a public place or within the public knowledge or view.

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What are the elements of direct bribery?

1. Offender is a public officer within the scope of Art. 203.
2. Offender accepts an offer or promise or receives a gift or present by himself or through another.
3. Such offer or promise be accepted, or gift or present received by the public officer a. With a view of committing some crime
b. In consideration of the execution of an act which does not constitute a crime, but the act must be
unjust
c. To refrain from doing something, which is his official duty to do;
4. That act which the offender agrees to perform or which he executes be connected with the
performance of his official duties.
What are the elements of indirect bribery?
1. Offender is a public officer
2. He accepts gifts
3. Said gifts are offered to him by reason of his office
If falsification of documents was resorted to for the purpose of concealing malversation, is a
complex crime committed?
No, for complex crimes require that one crime is used to commit another. If the falsification is resorted to
for the purpose of hiding the malversation, the falsification and malversation are separate offenses.
What is Technical Malversation?
In technical malversation, the public officer applies public funds under his administration not for his or
anothers personal use, but to a public use other than that for which the fund was appropriated by law or
ordinance. Technical malversation is, therefore, not included in nor does it necessarily include the crime
of malversation of public funds charged in the information. Since the acts constituting the crime of
technical malversation were not alleged in the information, and since technical malversation does not
include or is not included in the crime of malversation of public funds, petition cannot be convicted of
malversation.
What is Plunder?
It is a crime committed by a public officer by himself or in connivance with members of his family,
relatives by affinity or consanguinity, business associates, subordinates or other persons, by amassing,
accumulating or acquiring ill-gotten wealth through a combination or series of overt acts in the aggregate
amount or total value of at least P50 million.
What is rape shield rule in rape?
The character of the woman is immaterial in rape. It is no defense that the woman is of unchaste
character, provided the illicit relations were committed with force and violence.
In cases of multiple rape, is it necessary to prove every count of rape?
Yes. It is settled that each and every charge of rape is a separate and distinct crime that the law requires to
be proven beyond reasonable doubt. The prosecution's evidence must pass the exacting test of moral

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Nam omnia praeclara tam difficilia quam rara sunt

For all that is excellent and eminent is as difficult as it is rare
-Spinoza on Ethics

certainty that the law demands to satisfy the burden of overcoming the appellant's presumption of
innocence.
What are the allowed initiation rites?
1. Those conducted by organizations which shall include any club or the AFP, PNP, PMA, or officer
and cadet corp. of the Citizen's Military Training and CAT. The physical, mental and psychological
testing and training procedure and practices to determine and enhance the physical, mental and
psychological fitness of prospective regular members of the AFP and the PNP as approved by the
Secretary of National Defense and the National Police Commission duly recommended by the Chief
of Staff, AFP and the Director General of the PNP.
2. Those conducted by any fraternity, sorority or organization with prior written notice to the school
authorities or head of organization 7 days before the conduct of such initiation.
What are the circumstances which qualify the crime of kidnapping and serious illegal detention?
1.
2.
3.
4.

If the purpose of the kidnapping is to extort ransom.

When the victim is killed or dies as a consequence of the detention.
When the victim is raped.
When the victim is subjected to torture or dehumanizing acts.

What are the elements of grave coercion?

1. A person prevented another from doing something not prohibited by law, or that he compelled him to
do something against his will, be it right or wrong.
2. Prevention or compulsion be effected by violence, threats or intimidation.
3. Person that restrained the will and liberty of another has no authority of law or the right to do so.
When can there be brigandage?
There is brigandage when:
1. There be at least 4 armed malefactors
2. They formed a band of robbers
3. The purpose is any of the following:
a. To commit robbery in the highway
b. To kidnap persons for the purpose of extortion or to obtain ransom
c. To attain by means of force and violence any other purpose
What is the essence of brigandage?
Brigandage is a crime of depredation wherein the unlawful acts are directed not only against specific,
intended or preconceived victims, but against any and all prospective victims anywhere on the highway
and whoever they may potentially be.
Can there be a crime of frustrated theft?
No. Unlawful taking, which is the deprivation of ones personal property, is the element which produces
the felony in its consummated stage. At the same time, without unlawful taking as an act of execution, the

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offense could only be attempted theft, if at all. With these considerations, under Article 308 of the RPC,
theft cannot have a frustrated stage. Theft can only be attempted or consummated.
When is theft qualified?
1.
2.
3.
4.
5.
6.

If theft is committed by a domestic servant

If the theft is committed with grave abuse of confidence
If the property stolen is a motor vehicle, mail matter or large cattle
If the property stolen consist of coconuts taken from the premises of a plantation
If the property stolen is fish taken from a fishpond or fishery
If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance.

Does a novation or compromise affect the criminal liability of a person accused of estafa? Explain.
Novation or compromise does not affect criminal liability of the offender of the accused. So, partial
payment or extension of time to pay the amount misappropriated or acceptance of a promissory note for
payment of the amount involved does not extinguish criminal liability, because a criminal offense is
committed against the people and the offended party may not waive or extinguish the criminal liability
that the law imposes for the commission of the offense. In order that novation of contract may relieve the
accused of criminal liability, the novation must take place before the criminal liability is incurred;
criminal liability for estafa is not affected by compromise or novation of contact for it is a public offense
which must be prosecuted and punished by the State at its own volition.
Does payment of an obligation before the institution of the complaint relieve the offender from
liability?
No. Mere payment of an obligation before the institution of a criminal complaint does not, on its own,
constitute novation that may prevent criminal liability. The criminal liability for estafa already committed
is not affected by the subsequent novation of contract, for it is a public offense which must be prosecuted
and punished by the State (Milla v. People, Jan. 25, 2012).
What are the elements of malicious mischief?
1. Offender deliberately caused damage to the property of another
2. Such act does not constitute arson or other crimes involving destruction
3. Act of damaging anothers property be committed merely for the sake of damaging it
What are the elements of fencing?
1. A robbery or theft has been committed;
2. The accused, who took no part in the robbery or theft, buys, receives, possesses, keeps, acquires,
conceals, sells or disposes, or buys and sells, or in any manner deals in any article or object taken
during that robbery or theft;
3. The accused knows or should have known that the thing is derived from that crime; and
4. He intends by the deal he makes to gain for himself or for another.

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Nam omnia praeclara tam difficilia quam rara sunt

For all that is excellent and eminent is as difficult as it is rare
-Spinoza on Ethics

Is actual knowledge of insufficiency of funds essential in B.P. 22?

Yes. Knowledge of insufficiency of funds or credit in the drawee bank for the payment of a check upon
its presentment is an essential element of the offense. There is a prima facie presumption of the existence
of this element from the fact of drawing, issuing or making a check, the payment of which was
subsequently refused for insufficiency of funds. It is important to stress, however, that this is not a
conclusive presumption that forecloses or precludes the presentation of evidence to the contrary.
Is notice of dishonor an indispensable requisite for prosecution under B.P. 22?
Yes, Sec. 3 of B.P. 22 requires that the holder of the check of the drawee bank, must notify the drawer of
the check that the same was dishonored, if the same is presented within 90 days from the date of the
issuance, and upon notice the drawer has five days within which to make arrangements for the payment of
the check or pay the same in full.
What is the prescriptive period for violation of B.P. 22?
Four years from the presentation for payment.
What are the elements of adultery?
1. Woman is married
2. She has sexual intercourse with a man not her husband
3. As regards the man with whom she has sexual intercourse, he must know her to be married
What are the elements of concubinage?
1. Man must be married.
2. He committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling;
b. Having sexual intercourse, under scandalous circumstances, with a woman who is not his wife; or
c. Cohabiting with her in any other place.
3. As regards the woman, she must know him to be married.
How does sexual harassment under the Anti-sexual Harassment Act (R.A. 7887) differ from acts of
lasciviousness?
Mere words can constitute sexual harassment unlike in acts of lasciviousness, where there must be overt
acts.
What are the elements of bigamy?
1. That the offender has been legally married.
2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent
spouse could not yet be presumed dead according to the Civil Code.
3. That he contracts second or subsequent marriage.
4. That the second or subsequent marriage has all the essential requisites for validity. except for the
existence of the first marriage.

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LIBERTAS ET IUSTICIA
2015 MERCANTILE LAW

What is the difference of bigamy and illegal marriage?

Bigamy is a form of illegal marriage. Illegal marriage includes also such other marriages which are
performed without complying with the requirements of law, or such premature marriages, or such
marriages which was solemnized by one who is not authorized to solemnize the same.
What are the elements of reckless imprudence?
1.
2.
3.
4.
5.

Offender does or fails to do an act.

The doing of or the failure to do that act is voluntary.
It be without malice.
Material damage results.
There is an inexcusable lack of precaution on the part of the person performing or failing to perform
such act taken into consideration:
a. Employment or occupation
b. Degree of intelligence
c. Physical condition
d. Other circumstances regarding persons, time and place

What are the elements of simple imprudence?

1. There is lack of precaution on the part of the offender.
2. Damage impending to be caused is not immediate nor the danger clearly manifested.
Define "Battered Woman Syndrome? What are the three phases of the "Battered Woman
Syndrome"?
"Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse (Section
31dj, Rep. Act No. 9262).
The three (3) phases of the "Battered Woman Syndrome" are: (1) the tension building phase; (2) the
acute battering incident; and (3) the tranquil, loving, or non-violent phase (People v. Genosa, G.R. No.
135981, January 15, 2004).
What is intervention and diversion?
"Intervention" refers to a series of activities which are designed to address issues that caused the
child to commit an offense. It may take the form of an individualized treatment program which may
include counseling, skills training, education, and other activities that will enhance his/her psychological,
emotional and psycho-social well-being. This is available to a child 15 years old or less at the time of
the commission of the crime or although over 15 but below 18 years old at the time of commission
of the crime, the child acted without discernment.
"Diversion" refers to an alternative, child-appropriate process of determining the responsibility and
treatment of a child in conflict with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to formal court proceedings. This process
governs when the child is over 15 years old but below 18 at the time of the commission of the crime and
he acted with discernment.

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