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CRIMINAL LAW
-I-
(2.) Under Article 27 of the Revised Penal Code, as amended by Republic Act
(RA) No. 7959, reclusion perpetua shall be from 20 years and 1 day to 40
years.
Does this mean that reclusion perpetua is now a divisible penalty? Explain.
(2%)
(3.) Distinguish pecuniary penalties from pecuniary liabilities. (2%)
(4.) Taking into account the nature and elements of the felonies of coup d’
etat and rape, may one be criminally liable for frustrated coup d’ etat or
frustrated rape? Explain. (2%)
- II -
(1.) Belle saw Gaston stealing the prized cock of a neighbor and reported
him to the police. Thereafter, Gaston, while driving a car saw Belle crossing
the street. Incensed that Belle had reported him, Gaston decided to scare
her by trying to make it appear that he was about to run her over. He
revved the engine of his car and drove towards her but he applied the
brakes. Since the road was slippery at that time, the vehicle skidded and hit
Belle causing her death.
- III -
(2.) E and M are convicted of a penal law that imposes a penalty of fine or
imprisonment or both fine and imprisonment. The judge sentenced them to
pay the fine, jointly and severally, with subsidiary imprisonment in case of
insolvency.
(3.) The accused was found guilty of 10 counts of rape for having carnal
knowledge with the same woman. In addition to the penalty of
imprisonment, he was ordered to pay indemnity in the amount of
P50,000.00 for each count.
On appeal, the accused questions the award of civil indemnity for each
count, considering that the victim is the same woman. How would you rule
on the contention of the accused? Explain. (3%)
- IV -
(1.) Maganda was charged with violation of the Bouncing Checks Law (BP
22) punishable by imprisonment of not less than 30 days but not more than
1 year or a fine of not less than but not more than double the amount of the
check, which fine shall not exceed P200,000.00, or both. The court convicted
her of the crime and sentenced her to pay a fine of P50,000.00 with
subsidiary imprisonment in case of insolvency, and to pay the private
complainant the amount of the check. Maganda was unable to pay the fine
but filed a petition for probation. The court granted the petition subject to
the condition, among others, that she should not change her residence
without the court’s prior approval.
b) Supposing before the Order of Discharge was issued by the court but
after the lapse of the period of probation, Maganda transferred residence
without prior approval of the court.
May the court revoke the Order of Probation and order her to serve the
subsidiary imprisonment? Explain. (5%)
-V-
Paz Masipag worked as a housemaid and yaya of the one-week old son of
the spouses Martin and Pops Kuripot. When Paz learned that her 70 year-old
mother was seriously ill, she asked Martin for a cash advance of P1,000.00
but Martin refused. One morning, Paz gagged the mouth of Martin’s son with
stockings; placed the child in a box; sealed it with masking tape and placed
the box in the attic. Later in the afternoon, she demanded P5,000.00 as
ransom for the release of his son. Martin did not pay the ransom.
Subsequently, Paz disappeared. After a couple of days, Martin discovered
the box in the attic with his child already dead. According to the autopsy
report, the child died of asphyxiation barely three minutes after the box was
sealed.
- VI -
- VII -
Jose employed Mario as gardener and Henry as cook. They learned that Jose
won P500,000.00 in the lotto, and decided to rob him. Mario positioned
himself about 30 meters away from Jose’s house and acted as lookout. For
his part, Henry surreptitiously gained entry into the house and killed Jose
who was then having his dinner. Henry found the P500,000.00 and took it.
Henry then took a can of gasoline from the garage and burned the house to
conceal the acts. Mario and Henry fled, but were arrested around 200
meters away from the house by alert barangay tanods. The tanods
recovered the P500,000.00.
Mario and Henry were charged with and convicted of robbery with homicide,
with the aggravating circumstances of arson, dwelling, and nighttime. Mario
moved to reconsider the decision maintaining that he was not at the scene
of the crime and was not aware that Henry killed the victim; hence, he was
guilty only of robbery, as an accomplice. Mario also claimed that he
conspired with Henry to commit robbery but not to kill Jose. Henry, likewise,
moved to reconsider the decision, asserting that he is liable only for
attempted robbery with homicide with no aggravating circumstance,
considering that he and Mario did not benefit from the P500,000.00. He
further alleged that arson is a felony and not an aggravating circumstance;
dwelling is not aggravating in attempted robbery with homicide; and
nighttime is not aggravating because the house of Jose was lighted at the
time he was killed.
Resolve with reasons the respective motions of Mario and Henry. (7%)
- VIII -
Pete, a security guard, arrived home late one night after rendering overtime.
He was shocked to see Flor, his wife, and Benjie, his best friend, completely
naked having sexual intercourse. Pete pulled out his service gun and shot
and killed Benjie. Pete was charged with murder for the death of Benjie. Pete
contended that he acted in defense of his honor and that, therefore, he
should be acquitted of the crime. The court found that Benjie died under
exceptional circumstances and exonerated Pete of the crime, but sentenced
him to destierro, conformably with Article 247 of the Revised Penal Code.
The court also ordered Pete to pay indemnity to the heirs of the victim in the
amount of P50,000.00.
- IX -
a) What are the respective crimes, if any, committed by Allan, Danny and
Jules? Explain.
-X-
During a PNP buy-bust operation, Cao Shih was arrested for selling 20 grams
of methamphetamine hydrochloride (shabu) to a poseur-buyer. Cao Shih,
through an intermediary, paid Patrick, the Evidence Custodian of the PNP
Forensic Chemistry Section, the amount of P500,000.00 in consideration for
the destruction by Patrick of the drug. Patrick managed to destroy the drug.
State with reasons whether Patrick committed the following crimes: cra law
a) Direct bribery;
b) Indirect bribery;
- XI -
b) If Sherly were a minor when she died, would your answer be the same?
Explain. (5%)
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