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2016 Last Minutes Material on Criminal Law BY Judge Marlo Campanilla
UP, LAW CENTER, UST, UE, San Sebastian College, UM, CPRS, Magnificus Review, Power house
10. The information alleged that during a planned initiation rite, the accused
inflicted injuries upon the victim and as a consequence he died. However, the evidence
presented shows that the participation of the accused is inducing the victim to attend
the hazing. Can the accused be convicted of hazing? Yes. The "planned initiation rite"
as stated in the information included the act of inducing victim to attend it (Dungo vs.
People, supra; People vs. Bayabos, G.R. No. 171222, February 18, 2015).
11. MMDA officer is extorting money from a driver of a vehicle, who committed
trafficking violation along Edsa. The officer threatened the driver that he will
confiscate her drivers license unless she will give him P500.00. However, MMDA
officer is not aware that his act of extorting money is being recorded by the driver. Is
the driver liable for violating the Anti-Wire Tapping Law. Yes. The recording of private
conversations without the consent of the parties contravenes the provisions of RA No.
4200. The law covers even those recorded by persons privy to the private
communications. The law is applicable even if the conversation being recorder pertains
to criminal extortion (Mamba vs. Garcia, A.M. No. MTJ-96-1110, June 25, 2001).
12. A security guard planted a bullet in the bag of an overseas worker at NAIA
and threatened to arrest him unless he produced P10,000. What are crimes
committed? The crimes committed are planting of evidence under RA No. 10591 and
attempted robbery. These crimes cannot be merged together to form a complex crime
since planting of evidence is punishable under special law.
Warning: This is the intellectual property of Judge Campanilla. Copying any parts of this work in writing materials or book for publication
without proper attribution is prohibited by law.
2016 Last Minutes Material on Criminal Law BY Judge Marlo Campanilla
UP, LAW CENTER, UST, UE, San Sebastian College, UM, CPRS, Magnificus Review, Power house
is liable for libel since the article was libelous and inconsistent with good faith and
reasonable care. Hence, the answer is A (Tulfo vs. People, G.R. No. 161032,
September 16, 2008, Justice Velasco).
15. A by means of violence forced his wife to have sex. Is A liable for rape? Yes.
Husband can be held liable for marital rape. Article 266-A of RPC uses the term man
in defining rape without regard to the rapists legal relationship with his victim. Under
Article 266-C of RPC, in case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended party shall extinguish the criminal
action. RA No. 8353 has eradicated the archaic notion that marital rape cannot exist
because a husband has absolute proprietary rights over his wifes body and thus her
consent to every act of sexual intimacy with him is always obligatory or at least,
presumed (People vs. Jumawan, G.R. No. 187495, April 21, 2014).
16. A, a public officer failed to disclose his previous criminal conviction in PDS.
What is the crime committed? If the PDS is unsworn, the crime committed is
falsification (Sevilla vs. People, G.R. No. 194390, August 13, 2014). If the PDS is
sworn, the crime committed is perjury (People vs. Cruz, 108 Phil. 255).
18. The video of the sexual intercourse of a lady Senator with her driver was uploaded
in the internet without her consent. Can this sex video be presented as evidence in a legislative
hearing? No. Since the publication of this video recording is a violation of the Anti-video
voyeurism law, it is not admissible in evidence.
19. A conducted a bust-bust operation. The pusher raised his hands to manifest his
intention to surrender but the police officer shot and killed him. The crime committed is
murder with the privilege mitigating circumstance of incomplete performance of duty.
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