18 September 2005

2 P.M. 5 P.M.

INSTRUCTIONS This questionnaire consists of fifteen (15) numbers contained in nine ( ) pa!es. "ead each question #er$ carefu%%$. &ns'er legibly, clearly and concisely. Start each number on a separate pa!e( an ans'er to a sub)question under the same number ma$ be 'ritten continuous%$ on the same and immediate%$ succeedin! pa!es unti% comp%eted. *o not repeat the question.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE GOOD LUCK!!!

++++++++++++++++++++++++++++++++++++ ,-&."M&/ 2005 0&" 12&M./&T.3/ ,3MM.TT11

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-I(1.) Distinguish the following from each other: a) Complex crime under Article 48 of the Re ised !enal Code" #) $pecial complex crime" and c) delito continuado. (%&)

('.) (nder Article ') of the Re ised !enal Code* as amended #+ Repu#lic Act (RA) ,o. )-.-* reclusion perpetua shall #e from '/ +ears and 1 da+ to 4/ +ears. Does this mean that reclusion perpetua is now a di isi#le penalt+0 1xplain. ('&)

(%.) Distinguish pecuniar+ penalties from pecuniar+ lia#ilities. ('&)

(4.) 2a3ing into account the nature and elements of the felonies of coup d etat and rape* ma+ one #e criminall+ lia#le for frustrated coup d etat or frustrated rape0 1xplain. ('&)

(..) Distinguish malum in se from malum prohibitum. ('&)

- II (1.) 4elle saw 5aston stealing the pri6ed coc3 of a neigh#or and reported him to the police. 2hereafter* 5aston* while dri ing a car saw 4elle crossing the street. 7ncensed that 4elle had reported him* 5aston decided to scare her #+ tr+ing to ma3e it appear that he was a#out to run her o er. 8e re ed the engine of his car and dro e towards her #ut he applied the #ra3es. $ince the road was slipper+ at that time* the ehicle s3idded and hit 4elle causing her death. 9hat is the lia#ilit+ of 5aston0 9h+0 (4&)

('.) DD was engaged in the warehouse #usiness. $ometime in ,o em#er '//4* he was in dire need of mone+. 8e* thus* sold merchandise deposited in his warehouse to :R for !.//*///.//. DD was charged with theft* as principal* while :R as accessor+. 2he court con icted DD of theft #ut ac;uitted :R on the ground that he purchased the merchandise in good faith. 8owe er* the court ordered :R to return the merchandise to the owner thereof and ordered DD to refund the !.//*///.// to :R. DD mo ed for the reconsideration of the decision insisting that he should #e ac;uitted of theft #ecause #eing the depositar+* he had <uridical possession of the merchandise. :R also mo ed for the reconsideration of the decision insisting that since he was ac;uitted of the crime charged* and that he purchased the merchandise in good faith* he is not o#ligated to return the merchandise to its owner. Rule on the motions with reasons. (.&) - III (1.) 8arold was con icted of a crime defined and penali6ed #+ a special penal law where the imposa#le penalt+ is from = months* as minimum* to % +ears* as maximum. $tate with reasons whether the court ma+ correctl+ impose the following penalties: a) a straight penalt+ of 1/ months" #) = months* as minimum* to 11 months* as maximum" c) a straight penalt+ of ' +ears. (.&) ('.) 1 and > are con icted of a penal law that imposes a penalt+ of fine or imprisonment or #oth fine and imprisonment. 2he <udge sentenced them to pa+ the fine* <ointl+ and se erall+* with su#sidiar+ imprisonment in case of insol enc+. a) 7s the penalt+ proper0 1xplain. #) >a+ the <udge impose an alternati e penalt+ of fine or imprisonment0 1xplain. (4&)

(%.) 2he accused was found guilt+ of 1/ counts of rape for ha ing carnal 3nowledge with the same woman. 7n addition to the penalt+ of imprisonment* he was ordered to pa+ indemnit+ in the amount of !./*///.// for each count. ?n appeal* the accused ;uestions the award of ci il indemnit+ for each count* considering that the ictim is the same woman. 8ow would +ou rule on the contention of the accused0 1xplain. (%&)

- IV (1.) >aganda was charged with iolation of the 4ouncing Chec3s @aw (4! '') punisha#le #+ imprisonment of not less than %/ da+s #ut not more than 1 +ear or a fine of not less than #ut not more than dou#le the amount of the chec3* which fine shall not exceed !'//*///.//* or #oth. 2he court con icted her of the crime and sentenced her to pa+ a fine of !./*///.// with su#sidiar+ imprisonment in case of insol enc+* and to pa+ the pri ate complainant the amount of the chec3. >aganda was una#le to pa+ the fine #ut filed a petition for pro#ation. 2he court granted the petition su#<ect to the condition* among others* that she should not change her residence without the courtAs prior appro al. a) 9hat is the proper period of pro#ation0 #) $upposing #efore the ?rder of Discharge was issued #+ the court #ut after the lapse of the period of pro#ation* >aganda transferred residence without prior appro al of the court. >a+ the court re o3e the ?rder of !ro#ation and order her to ser e the su#sidiar+ imprisonment0 1xplain. (.&)

('.) DD purchased a tele ision set for !./*///.// with the use of a counterfeit credit card. 2he owner of the esta#lishment had no in3ling that the credit card used #+ DD was counterfeit. 9hat crime or crimes did DD commit0 1xplain. (.&) -V-

!a6 >asipag wor3ed as a housemaid and yaya of the oneBwee3 old son of the spouses >artin and !ops Curipot. 9hen !a6 learned that her )/ +earBold mother was seriousl+ ill* she as3ed >artin for a cash ad ance of !1*///.// #ut >artin refused. ?ne morning* !a6 gagged the mouth of >artinAs son with stoc3ings" placed the child in a #ox" sealed it with mas3ing tape and placed the #ox in the attic. @ater in the afternoon* she demanded !.*///.// as ransom for the release of his son. >artin did not pa+ the ransom. $u#se;uentl+* !a6 disappeared. After a couple of da+s* >artin disco ered the #ox in the attic with his child alread+ dead. According to the autops+ report* the child died of asph+xiation #arel+ three minutes after the #ox was sealed. 9hat crime or crimes did !a6 commit0 1xplain. (.&)

- VI Candido sta##ed an innocent #+stander who accidentall+ #umped him. 2he innocent #+stander died as a result of the sta##ing. Candido was arrested and was tested to #e positi e for the use of Dsha#uE at the time he committed the sta##ing. 9hat should #e the proper charge against Candido0 1xplain. (%&)

- VII Fose emplo+ed >ario as gardener and 8enr+ as coo3. 2he+ learned that Fose won !.//*///.// in the lotto* and decided to ro# him. >ario positioned himself a#out %/ meters awa+ from FoseAs house and acted as loo3out. Gor his part* 8enr+ surreptitiousl+ gained entr+ into the house and 3illed Fose who was then ha ing his dinner. 8enr+ found the !.//*///.// and too3 it. 8enr+ then too3 a can of gasoline from the garage and #urned the house to conceal the acts. >ario and 8enr+ fled* #ut were arrested around '// meters awa+ from the house #+ alert #aranga+ tanods. 2he tanods reco ered the !.//*///.//. >ario and 8enr+ were charged with and con icted of ro##er+ with homicide* with the aggra ating circumstances of arson* dwelling* and nighttime. >ario mo ed to reconsider the decision maintaining that he was not at the scene of the crime and was not aware that 8enr+ 3illed the ictim" hence* he was guilt+ onl+ of ro##er+* as an accomplice. >ario also claimed that he conspired

with 8enr+ to commit ro##er+ #ut not to 3ill Fose. 8enr+* li3ewise* mo ed to reconsider the decision* asserting that he is lia#le onl+ for attempted ro##er+ with homicide with no aggra ating circumstance* considering that he and >ario did not #enefit from the !.//*///.//. 8e further alleged that arson is a felon+ and not an aggra ating circumstance" dwelling is not aggra ating in attempted ro##er+ with homicide" and nighttime is not aggra ating #ecause the house of Fose was lighted at the time he was 3illed. Resol e with reasons the respecti e motions of >ario and 8enr+. ()&)

- VIII !ete* a securit+ guard* arri ed home late one night after rendering o ertime. 8e was shoc3ed to see Glor* his wife* and 4en<ie* his #est friend* completel+ na3ed ha ing sexual intercourse. !ete pulled out his ser ice gun and shot and 3illed 4en<ie. !ete was charged with murder for the death of 4en<ie. !ete contended that he acted in defense of his honor and that* therefore* he should #e ac;uitted of the crime. 2he court found that 4en<ie died under exceptional circumstances and exonerated !ete of the crime* #ut sentenced him to destierro* conforma#l+ with Article '4) of the Re ised !enal Code. 2he court also ordered !ete to pa+ indemnit+ to the heirs of the ictim in the amount of !./*///.//. a) 7s the defense of !ete meritorious0 1xplain. #) (nder Article '4) of the Re ised !enal Code* is destierro a penalt+0 1xplain. c) Did the court correctl+ order !ete to pa+ indemnit+ despite his exoneration under Article '4) of the Re ised !enal Code0 1xplain. (.&)

- IX Allan* the >unicipal 2reasurer of the >unicipalit+ of 5erona* was in a hurr+ to return to his office after a da+Blong official conference. 8e alighted from the go ernment car which was officiall+ assigned to him* lea ing the ignition 3e+ and the car unloc3ed* and rushed to his office. Fules* a #+stander* dro e off with the car and later sold the same to his #rother* Dann+ for !'/*///.//* although the car was worth !8//*///.//.

a) 9hat are the respecti e crimes* if an+* committed #+ Allan* Dann+ and Fules0 1xplain. #) 9hat* if an+* are their respecti e ci il lia#ilities0 1xplain. (.&)

-XDuring a !,! #u+B#ust operation* Cao $hih was arrested for selling '/ grams of methamphetamine h+drochloride ( shabu) to a poseurB#u+er. Cao $hih* through an intermediar+* paid !atric3* the 1 idence Custodian of the !,! Gorensic Chemistr+ $ection* the amount of !.//*///.// in consideration for the destruction #+ !atric3 of the drug. !atric3 managed to destro+ the drug. $tate with reasons whether !atric3 committed the following crimes: a) #) c) d) Direct #ri#er+" 7ndirect #ri#er+" $ection %(e) of RA %/1- (AntiB5raft and Corrupt !ractices Act)" ?#struction of Fustice under !D 18'-" ()&)

- XI ?n Ful+ 1* '//4* Fet >atulis* a pedophile* ga e !1*///.// to $herl+* an orphan and a prostitute* and #rought her to a motel. 8e inserted a rust+ and o ersi6ed i#rator into her agina with such force that she #led profusel+. Fet panic3ed and fled. $herl+ was #rought to the hospital and died a few da+s later #ecause of shoc3 caused #+ hemorrhage. a) 9hat crime or crimes did Fet >atulis commit0 1xplain. #) 7f $herl+ were a minor when she died* would +our answer #e the same0 1xplain.

(.&)

- XII Don 5a#ito* a philanthropist* offered to fund se eral pro<ects of the >a+or. 8e opened an account in the >a+orAs name and regularl+ deposited arious amounts ranging from !.//*///.// to !1 >illion. Grom this account* the >a+or withdrew and used the mone+ for constructing feeder roads* #aranga+ clinics* repairing schools and for all other municipal pro<ects. 7t was su#se;uentl+ disco ered that Don 5a#ito was actuall+ a jueteng operator and the amounts he deposited were proceeds from his jueteng operations. 9hat crimeHs were committed0 9ho are criminall+ lia#le0 1xplain. (=&)

- XIII ?#ie Fuan is suspected to ha e in his possession an unspecified amount of methamphetamine h+drochloride or Dsha#uE. An entrapment operation was conducted #+ police officers* resulting in his arrest following the disco er+ of 1// grams of the said dangerous drug in his possession. 8e was su#<ected to a drug test and was found positi e for the use of mari<uana* another dangerous drug. 8e was su#se;uentl+ charged with two crimes: :iolation of $ection 11* Article 77 of RA -1=. for the possession of D shabuE and iolation of $ection 1.* Article 77 of RA -1=. for the use of mari<uana. a) Are the charges proper0 1xplain. #) $o as not to #e sentenced to death* ?#ie Fuan offers to plead guilt+ to a lesser offense. Can he do so0 9h+0 (.&)

- XIV Al Chua* a Chinese national* filed a petition under oath for naturali6ation* with the Regional 2rial Court of >anila. 7n his petition* he stated that he is married to @eni Chua" that he is li ing with her in $ampaloc* >anila" that he is of

good moral character" and that he has conducted himself in an irreproacha#le manner during his sta+ in the !hilippines. 8owe er* at the time of the filing of the petition* @eni Chua was alread+ li ing in Ce#u* while Al was li ing with 4a#es 2oh in >anila* with whom he has an amorous relationship. After his direct testimon+* Al Chua withdrew his petition for naturali6ation. 9hat crime or crimes* if an+* did Al Chua commit0 1xplain. (.&)

- XV 7n an inter iew aired on tele ision* Cindee uttered defamator+ statements against 1ri3a* a successful and reputa#le #usinesswoman. 9hat crime or crimes did Cindee commit0 1xplain. (%&)

NOTHING FOLLOWS