EXERCISE NO.

6 (5pts each)

I- There is violation of Art. 316, RPC (Other forms of Swindling) where

A. the owner of property sells a property and subsequently rescinds the sale.

B. the real property subject of the sale does not exist.

C. the property was mortgaged for a usurious contract of loan.

D. the owner disposes of his encumbered real property as if it is free from

encumbrances.

II- Which of the following circumstances of dishonor of a check can be a

basis for prosecution under the bouncing checks law? Page

A. The check was returned unpaid with stamp stop payment, although the
drawers deposit was sufficient.

B. The check, drawn and issued in the Philippines, was dishonored

by the drawee bank in a foreign country.

C. The check was presented to the bank for payment 6 months after the date
of issue.

D. The drawer of the dishonored check paid its value within 5 days from
notice of dishonor.

III- Johny, a businessman, borrowed P100,000.00 from Paolo, a friend. To

pay the loan, Johny issued a postdated check to be presented for payment
30 days after the transaction. Two days before the maturity date of the
check, Johny called up Paolo and told him not to deposit the check on the
date stated on the face thereof, as Johny had not deposited in the drawee
bank the amount needed to cover the check. Nevertheless, Paolo
deposited the check in question and the same was dishonored of
insufficiency of funds. Johny failed to settle the amount with Paolo in spite
of the latter's demands. Is Johny guilty of violating B.P. Blg. 22, otherwise
known as the Bouncing Checks Law? Explain. (5%)

SUGGESTED ANSWER:

Yes, Johny Is liable for violation of BP. Blg. 22 (Bouncing Checks Law), Although
knowledge by the drawer of insufficiency or lack of funds at the time of the issuance
of the check is an essential element of the violation, the law presumes prima facie
such knowledge, unless within five (5) banking days of notice of dishonor or
nonpayment, the drawer pays the holder thereof the amount due thereon or
makes arrangements for payment in full by the drawee of such checks.
A mere notice by the drawer Johny to the payee Paolo before the maturity date of
the check will not defeat the presumption of knowledge created by the law;
otherwise, the purpose and spirit of B.P. 22 will be rendered useless.

IV-NAVI purchased a television set for P50,000.00 with the use of a

counterfeit credit card he secretly stole from his professor. The owner of
the establishment had no inkling that the credit card used by NAVI was
counterfeit. What crime or crimes did NAVI commit? Explain. (5%)

SUGGESTED ANSWER:

NAVI committed the crime of estafa under Art. 315, par. 2(a) of the Revised Penal
Code by falsely pretending to posses credit. The elements of estafa under this penal
provision are; (1) the accused defrauded another by means of deceit; and (2)
damage or prejudice capable of pecuniary estimation is caused to the offended
party or third party.

V-KIM, is the owner of a 500-square meter residential lot in Makati City

covered by TCT No. 1998. As her son needed money for his trip abroad,
KIM mortgaged her lot to her neighbor NILO for P1,000,000. Later KIM sold
the same lot to LOUISE for P2,000,000. In the Deed of Sale, she expressly
stated that the property is free from any lien or encumbrance. What
crime, if any, did KIM commit? [5%]

SUGGESTED ANSWER:

KIM committed estafa or swindling under Art. 316, par. 2 of the Revised Penal Code
because, knowing that the real property being sold is encumbered, she still made a
misrepresentation in the Deed of Sale that the same is free from any lien or
encumbrance. There is thus a deceit or fraud causing damage to the buyer of the
lot.

VI-CONG. ALVAREZ is married. He has a paramour with whom he has

sexual relations on a more or less regular basis. They meet at least once a
week in hotels, motels and other places where they can be alone. Is
CONG.ALVAREZ guilty of any crime? Why? (3%)

SUGGESTED ANSWER:

YES he is guilty of the crime of concubinage by having sexual intercourse under

scandalous circumstances, with a woman who is not his wife. Having sexual
relations on a more or less regular basis in hotels, motels and other places may be
considered a scandalous circumstance that offends public conscience, giving rise to
criticism and general protest such acts being imprudent and wanton and setting a
bad example (People vs. Santos, 86 SCRA 705 [1978]).

ALTERNATIVE ANSWER:
He is not guilty of any crime because a married man does not incur the crime of
concubinage by merely having a paramour, unless under scandalous circumstances,
or he keeps her in the conjugal dwelling as a mistress, or cohabits with her in any
other place. His weekly meetings with his paramour does not per se constitute
scandalous circumstance.

VII-DONJIE, a widower for the past 10 years, felt that his retirement at the
age of 70 gave him the opportunity to engage in his favorite pastime
voyeurism. If not using his high-powered binoculars to peep at his
neighbor's homes and domestic activities, his second choice was to follow
sweet young girls. One day, he trailed a teenage girl up to the LRT station
at EDSA-Buendia. While ascending the stairs, he stayed one step behind
her and in a moment of bravado, placed his hand on her left hip and
gently massaged it. She screamed and shouted for help. DONJIE was
arrested and charged with acts of lasciviousness. Is the crime correct?
(5%)

ALTERNATIVE ANSWER:

The designation of the crime as acts of lasciviousness is not correct. There is no

lewd design exhibited by Eduardo when he placed his hand on the left hip of the
victim and gently massaging it. The act does not clearly show an exclusively sexual
motivation. The crime he committed is only unjust vexation for causing annoyance,
irritation or disturbance to the victim (Art. 287, Revised Penal Code), not acts of
lasciviousness (Art. 336, Revised Penal Code).

ALTERNATIVE ANSWER:

The crime should be Other Acts of Child Abuse under Section 10 of RA. 7610, par. b
of Section 3 that refers to child abuse committed by any act, deeds or words which
debases, degrades or demeans the intrinsic worth and dignity of a child as a human
being. In relation thereto, Section 10 provides criminal liability for other acts of child
abuse, cruelty or exploitation, or for other conditions prejudicial to the child's
development. The reaction of the victim, screaming for help upon the occurrence of
the touching indicates that she perceived her dignity was being debased or
violated.