Hypothetical Questions

Prosec. Victoria Garcia

Q: What if X, Y and Z, conspired and agreed to commit treason against the

Philippine Government. After their conspiracy and agreement, X went to W. X
told his friend W that he was in conspiracy with Y and Z to commit treason
against the Philippine Government. After X told him such conspiracy with W, X
left. W, despite knowledge of the conspiracy to commit treason among X, Y, and
Z, did not disclose such information to the proper authorities. What
crime/crimes is/are committed by X, Y, Z, and W?
A: X, Y, and Z are liable for the conspiracy to commit treason.

Q: W, who had knowledge of the conspiracy to commit treason among X, Y, and

Z, however, despite that knowledge, he did not disclose it to the proper
authorities. What is the liability of W?
A: W is liable for misprision of treason. (NB provided that W is a
Filipino Citizen).
Q: The vessel is on the sea going to Mindoro. So while the ship is on its way to
Mindoro, suddenly there comes a big storm. The commander or the captain of
the ship said that they should first move towards the shore and let the storm
comes calm in order to ensure the safety of the passengers of the vessel. The
passengers of the vessel and members of the complement didn’t want the
decision of the said captain of the ship and so they seize the captain of the ship
and manned the vessel until they reach Mindoro. What crime, if any, is
committed by these members of the complement and passengers of the vessel?
A: They can be charged with MUTINY.

Q: While a vessel is on Philippine waters, here comes a second vessel. Five men
from the second vessel boarded the first vessel and at gunpoint, took the cargo
and equipment of the said vessel. Placed them in the second vessel and off they
went. What crime is committed by these four men?
A: They can be charged with PIRACY UNDER ARTICLE 122.
Q: The vessel is on Masbate, near the shore. The members of the complement
and passengers of the said vessel in conspiracy with one another took the cargo
and equipment of the said vessel, and then they boarded a second vessel and off
they went. What crime is committed by the members of the complement and
passengers of the said vessel?
A: They can be charged with PIRACY UNDER PD532.
Q: What if the vessel is on Masbate sea, and there comes a second vessel. Five
men from the second vessel boarded the first vessel and at gunpoint, they asked
the passengers to give to them all their valuables. One man didn’t want to give
his bag and the men repeatedly boxed him. What crime is committed?
A: They can be charged with QUALIFIED PIRACY (NB “Physical
injuries” is used in the generic sense. Hence, Piracy is qualified
regardless of the severity of the injuries caused by the offender(s)).
Q: What if there is a bus and the bus is parked at Luneta and it was full of
children. And here comes X, X had different kinds of explosive all over his body.
And at gunpoint, entered the said bus and told the children to keep quiet.
Thereafter, there is a cartolina on the glass window of the said bus. Written on
the cartolina were his demands to the government. His demands were first, that
his brother, a member of NPA and who is being incarcerated by the military be
released and his second demand, was that funds be transferred to his account.
So these were the demands made by X against the government. Because of this,
the parents of the children arrived, the media arrived, all the cabinet secretaries
arrived. Only the president did not arrive. So everybody was there. They were
afraid that the children might die so there was chaos in the entire Philippines. It
took the members of the military and police 12 hours to subdue X. So after 12
hours, they were able to arrest X. What crime, if any, may be filed against X?
A: X can be charged of the crime of terrorism under RA 9372 (NB
Memorize the exclusive list of predicate crimes!).
Q: So let us say that X was charged with terrorism based on a valid complaint
or information a case of terrorism was filed against him before the RTC. However,
after trial on the merits, the judge acquitted him. According to the judge, the
prosecution failed to prove the guilt of the accused beyond reasonable doubt
therefore acquittal for reasonable doubt. Since he is acquitted of terrorism under
RA 9372, can he still be prosecuted for his predicate crime of kidnapping and
illegal detention because he detained the children for more than 12 hours? Can
he still be prosecuted for Illegal and Unlawful Possession of Firearms,
Ammunitions or Explosives because he was full of firearms and ammunitions
and explosives?
A: No more. Because of Section 49 of RA 9372. (NB Should a
separate case be instituted charging him of a crime not included in
the exclusive list of predicate crimes, the case will prosper.)

Q: Are there accomplices in the crime of terrorism which is penalized by a

special law?

A: Yes. It is specifically provided for by the special law. (NB

However, if there is conspiracy, the act of one is the act of all)