CRIMINAL LAW 2015

1. As provided in art.3 felonies are committed not only by means of deceit, but also
committed by means of fault, there is deceit when the act is performed with deliberate
intent, and there is fault when the wrongful act results from imprudence, negligence, lack
of foresight or lack of skill.
B.) Aberratio ictus is a latin term used when the felon unitenitionally commited the
felonious act to a different person other than the supposed victim, or there is a mistake
of the blow
2. An ex post facto law is a legislative measure criminalizing an act prior to the passage of
the law. This is distinguished from Bill of Attainder that imposes punishment without trial.
The former is a violation of the constitution prohibiting the passage of ex post facto law
while the latter is a violation of the two constitutional provisions, i.e, prohibition against
the enactment of a law having an effect of bill of attainder and a violation of due process.
3. a) No. The case has already attained finality and the jurisdiction of the court a quo
remains for execution. It is noteworthy that criminal liability is coupled with civil liablity
(Art. 100 of the Revised Penal Code). The RTC retains jurisdiction for execution with
regards to the civil liability of the accused. Despite death of the accused, the civil liability
survives, hence, the jurisdiction remains which is to impose the civil liability.
b) The answer will be different. It is a standing rule that death of the accused pending
litigation or pending appeal, both the civil and criminal liabilities are extinguished. This is
because death extinguishes criminal liability. It thus follows that civil liability ex delicto is
also extinguished.
4. Parricide. Death under exceptional circumstances which is an absolutory cause, no
criminal liability at all.
no, the law on covers spouses and daughters still living under the roof of her parents.
5. a) No. The defense of battered woman syndrome, as a way of extinguising criminal
liability, is available only when a woman suffers at least two battering cycles, i.e, two
cycles of tension building phase, accute battering occurrence and tranquil or peace
loving period. In this case, only one battering cycle had occured. Therefore, the defense
of Battered Woman Syndrome cannot be invoked by Talia.
b) No. It is true that Battered Woman Syndrome is available as a defense when at least
two battering cycles are committed by the battering husband against his wife, however in
this case Dion had already passed out by imbibing too much alcohol, hence Talia's
assertion that she was afraid that her husband might beat her up again has no merit.
The law against Battered Woman is never intended to be used as scapegoat from
criminal liability. It must be granted with care to avoid injustice. Therefore, Battered
Woman Syndrome is still not a defense in this case.
6. a. I would advise Sen. Adamos that he is NOT qualified to run since the grant of pardon
does not restore his political rights UNLESS EXPRESSLY stated in the pardon. B. Yes,
because amnesty obliterates not only the penalty of the crime but as well as its effects; it
is as if the offender did not commit the crime at all.
7. No to both. Taylor did not actually start serving his sentence at all. The requisite that he
must have evaded the same did not occur and therefore the prescription of penalty has
not even commenced to run in his favor.
8. Ysidoro v. People! Technical Malversation! No, he may not invoke good faith as a
defense in the crime of Technical Malversation as it is malum prohibitum. B.good faith is
not a defense in tech.malversation case.

9.

1) Ernilo may avail the defense of absence of the intention to perpetrate the offense.
Having no intention to perpetrate the offense in special penal laws has the same effect of
absence of criminal intent in felony punished under the Revised Penal Code. In this
case, Ernilo never intended to perpetrate the offense committed, he was only asked by
the police officer to help them entrap Rando since he was the latters former customer in
drug dealing.

2) No. He may nevertheless avail the defense of instigation if he can prove that Ernilo
was the one who approach him and ask him to sell him drugs.
10. a) Consummated homicide and less serious (slight) physical injury. The crime is
consummated homicide if one inflicts upon another a "fatal" injury leading to the latter's
death. The offender can be charged for slight physical injuries if the complainant was illtreated but did not sustain injuries or had injuries that require medical attendance and
caused him to leave work for one to nine days.
N.B. Mistake of Fact. Any mistaken belief other than a mistake of law. Examples include
erroneous beliefs about the meaning of some term or about the identity of some person.
In criminal law, a mistake of fact can usually operate as a defense so long as it is
reasonable.
b) Nope, in that case it would be a serious physical injury. Serious physical injury means
physical injury which creates a substantial risk of death, or which causes death or
serious and protracted disfigurement, protracted impairment of health or protracted loss
or impairment of the function of any bodily organ.
11. Nel committed a separate crimes of Theft and Homicide while his three companions for
Theft. Nel's act of killing Fermin was a separate act as their plan was only to stole the
house of Elgar, so he solely liable for the death of Fermin. All of them would be liable for
Theft as they conspire each other to steal the house. The act of Nel was only incidental
to their plan and so Nel must be charged separately for Homicide.
12. on his first contention apply Generality principle; on his second contention apply the
English Rule.
13. Yes, both charges shall prosper. Estafa is committed when deceit and damage were
proved. The contract of Dora and Elen were not merely a contract of sale but of contract
of agency. The relationship is grounded on trust. Thus, failure of Elen to remit the
proceeds of the sale of the jewelry constitutes breach of trust. There is no complex crime
of estafa through BP 22 because the issuance of the checks were not the means of
committing estafa. Issuance of the checks were in order to settle the obligation incurred
by Elen. On the other hand, violation of BP 22 can be sustained because the gist in the
Bouncing Checks Law is not the intent to commit fraud but by the issuance of worthless
checks. The purpose of the law is to protect commercial value of the checks. Provided,
the 5-day notice requirement is met, the prosecution of violation of BP is also in order.
Elen can be prosecuted for the crimes of estafa and BP 22.
14. a) Estafa and violation of RA 8042 b) Estafa and Illegal recruitment in a large scale
(economic sabotage)
15.
16.
17. a. separate crimes of parricide and infanticide (proximate cause and praeter
intentionem)?; b. parricide with unintentional abortion?
18. Lito committed a crime of murder. RA 9344 amended the provisions in PD 603 which
provides that, a child over 15 years old and under 18 years old shall be absolved from
criminal liability when he acted without discernment. This is not present in this case. The
deliberate act of Lito by hiding to ensure success in the commission of the crime and

hiding the gun in one of the empty containers negate that he acted without discernment.
The killing was committed with alevosia. Conviction is therefore proper.
19. Theft in both cases.
20. There is no arson in the attempted stage. Arson is punished in the frustrated and
consummated stage only. Frustrated when there was act of burning in any place not part
of the building. Consummated whenever mere part of the building was burnt. No crime
was committed.
21. a. It will not prosper because the RPC provides that the crime of adultery is the carnal
relation between a married woman and a man who is not her husband, the latter
knowing her to be married, even if the marriage be subsequently declared void. The
aspect of a "married woman" is absent in the case at bar because by nature and birth,
Wendy was a man even if he underwent a sex reassignment.
b. An impossible crime is committed by "any person performing an act which would be
an offense against persons or property, were it not for the inherent impossibility of its
accomplishment or on account of the employment of inadequate to ineffectual means"
(Jacinto v. People, G.R. No. 162540, [July 13, 2009], 610 PHIL 100-112).
22. The Rules of Court requires that, aggravating, mitigating and the twin qualifying
circumstances must be properly alleged in the information. This is in line with the
Constitutional mandate that the accused has the right to be informed as to the
nature and the cause of the accusation against him. Due process demands this. Also,
the law provides that all doubts must be used in favor of the accused. Charlie shall be
convicted of simple rape. The decision of the Court of Appeals is sustained.