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1. A and B (with intent to Rape) entered the house of C.

While A was raping C , B saw the


diamond ring C was wearing. B got the ring. What crime/s
The crime committed by A is Rape. B committed Rape and Theft as separate offenses.
There is no conspiracy between A and B that they will commit theft on the person of C.
Under the law, the taking of personal property belonging to another, without the consent
of the owner, and must be accomplished without the use of violence against or
intimidation of persons or force upon things. In the case at bar, the primary objective of A
and B upon entering the house of C is to rape C. The act of theft being independent from
the crime of rape, thus B should be the only person liable for the crime of theft.
2. A B C (with intent to Rob) entered the house of D while the latter was on vacay with his
family. While inside, A got D’s laptop and while inside E (D’s neighbor) suddenly
appeared. A was so shocked that he immediately stabbed E which caused E’s
instantaneous death. What crime/s
The crime committed by A, B and C is Robbery with homicide. Under the law, it is
committed when by reason or on the occasion of the robbery, the crime of homicide shall
have been committed. It was also been said that it is a special, single and indivisible
crime. In the case at bar, even if only A committed the act of homicide, by reason of the
indivisibility of the crime, A, B, and C should be held liable for the crime of Robbery
with homicide.
3. A B C raped D, A B C saw D’s diamond ring and forcibly tried to get it but nanlabansi D.
C stabbed D. D died. What crime/s
The crime committed by A, B, C, is Rape and a separate crime of Robbery with
homicide. Under the law, Robbery with rape is not present if the primary objective of the
offender is to commit rape instead of robbery. In the case at bar, A, B, and C committed
robbery only after they saw D’s diamond ring and after committing the crime of rape
against D. They killed D afterwards because the latter tried to resist. As also stated under
the law, Robbery with homicide is a special, single and indivisible crime. Therefore, all
of them should be held liable for the crime of Rape and a separate crime of Robbery with
homicide.
4. A B C entered the house of D w/out latter’s consent and permission. What crime/s
There was no crime committed by A, B, and C. Under the law, the elements of trespass to
dwelling are: (1) that the offender is a private person, (2) that he enters the dwelling of
another (3) that such entrance is against the latter’s will. Entrance into the dwelling of
another must be against his will. The mere absence of his consent is not enough to
constitute the crime of trespass to dwelling. According to jurisprudence, to commit
trespass, the entrance by the accused should be against the presumed or express
prohibition of the occupant, and the lack of permission should not be confused with
prohibition.
5. Same with #4 but with violence and intimidation. What crime/s
The crime committed by A, B, and C was qualified trespass to dwelling. Under the
jurisprudence, prohibition is not necessary when violence or intimidation is employed by
the offender.
6. How about if A B C entered a closed fence. What crime/s
The crime committed by A, B, and C is other forms of trespass. Under the law, in order
for the other forms of trespass to be present, the following elements must be present: (1)
that the offender enters the closed premises or the fenced estate of another (2) that the
entrance is made while either of them is uninhabited (3) that the prohibition to enter be
manifest. (4) that the trespasser has not secured the permission of the owner or the
caretaker thereof.
7. A B C ( with intent to kill) killed D. While A was stabbing D, B and C saw E, D’s live in
partner. B and C pointed their guns toward E and forcibly got her iphone. What crime/s
The crime committed by A, B, and C is homicide or murder. B and C is also liable for the
crime of robbery separate from the crime of homicide. Under the law, in order for the
special complex crime of Robbery with homicide to prosper, homicide must be
committed on the occasion or by reason of the robbery. In the case at bar, the primary
objective of A, B, and C is to kill D. Therefore, A is only liable for the crime of
homicide. B and C is liable for the separate crime of homicide and robbery.
8. A B C (with intent to Rob) entered the house of D. A was enamored with D’s beauty. A
pointed his knife of D’s neck, laid down D and went of top of D. A kissed D and his
penis ready to consummate, but D is a black belter. She was able to kick A. All these
while B and C were robbing the house of D. What crime/s
The crime committed by A, B, and C is Robbery. A is also liable for the separate crime of
Attempted Rape. Under the jurisprudence, there is no such crime as robbery with
attempted rape. The crime cannot be a complex crime of robbery with attempted rape
under Article 48, because a robbery cannot be a necessary means to commit attempted
rape; nor attempted rape, to commit robbery. Thus, both crimes cannot be the result of a
single act.
9. A (male) B (male) C (female) (with intent to rob). While inside the house of D, A
accidentally killed C. What crime/s
A is the only person to be held liable for the crime of homicide through reckless
imprudence. Under the jurisprudence, when robbery is not proved, the crime is only
homicide. In the case at bar, even if they have the clear intent to rob, there is no proof or
evidence that A, B, and C actually committed or is about to commit the act of robbery.
Thus, only A should be held liable for the crime of homicide through reckless
imprudence.
10. A B C (with intent to rob). While inside the house, A raped D (owner of the house. Their
previous agreement was just to rob D’s house. What crime/s
The crime committed by A is rape. As for B and C, they should not be held liable for the
crime committed by A. Under the jurisprudence, when robbery is not proved, the crime is
only rape. In the case at bar, even if they have the clear intent to rob, there is no proof or
eveidence that A, B, and C actually committed or is about to commit the act of robbery.
Thus, only A should be held liable for the crime of rape.
11. A B C (with intent to rob). While inside the house of D, A accidentally killed E (D’s
husband). B, meanwhile, raped D. What crime/s
A is the only person to be held liable for the crime of homicide through reckless
imprudence and B is the only person to be held liable for the crime of rape. C is not liable
for any crimes. Under the jurisprudence, when robbery is not proved, the crime is only
homicide and rape separately. In the case at bar, even if they have the clear intent to rob,
there is no proof or evidence that A, B, and C actually committed or is about to commit
the act of robbery. Thus, only A should be held liable for the crime of homicide through
reckless imprudence and only B should be held liable for the crime of rape.

12. A snatched B’s cellphone while the latter was waiting for his grab. What crime/s
The crime committed by A is theft. Under the law, the elements of theft are: (1) that there
be taking of personal property; (2) that said property belongs to another; (3) that the
taking be done with intent to gain; (4) that the taking be done without the consent of the
owner; (5) that the taking be accomplished without the use of violence or intimation of
persons or force upon things. In the case at bar, A merely snatched B’s cellphone without
the use of violence or intimdation and was done without the consent of the latter.
Therefore, A is only liable for the crime of theft.
13. A, a bank teller, appropriate 500k worth if deposit for her personal gain. What crime/s
The crime committed by A is qualified theft. Under the law and jurisprudence, the
possession of the offender as bank teller was the possession of the bank, as she had only
the physical, not the juridical, possession of the money. In the case at bar, A, who is a
bank teller, with grave abuse of confidence, appropriated P500,000 worth of deposit for
her personal gain. Thus, she is liable for the crime of qualified theft by reason of grave
abuse of confidence.

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