I

What are the different absolute defenses available in criminal cases that may result to a dismissal of a
case or an acquittal of an accused.

1. Any of the essential elements of the crime charged is not proved by the prosecution and the elements
proved do not constitute any crime.
2. Justifying circumstances.
3. Exempting Circumstances
4. Absolutory causes
a. spontaneous desistance during attempted stage and no crime under another provision of the
code or other penal la is committed.
b. Light felony is only attempted or frustrated, and is not against persons or property.
c. The accessory is a relative of the principal.
d. Legal grounds for arbitrary detention
e. Legal grounds for trespass.
f. The crime of theft, swindling of malicious mischief is committed against a relative.
g. When only a slight or less serious physical injuries are inflicted by the person who surprised
his spouse or daughter in the act of sexual intercourse with another person.
h. Marriage of the offender with the offended party when the crime committed is rape,
abduction, seduction or acts of lasciviousness.
I. Instigation
5. Guilt of the accused not established beyond reasonable doubt.
6. Prescription of crimes
7. Pardon by the offended party before the institution of criminal action in crime against chastity.

What are the 14 titles of the revised penal code.

1. Crimes against national security and the law of nations

2. Crimes against fundamental laws of the state
3. Crimes against public order
4. Crimes against public interest
5. Crimes relative to opium and other prohibited drugs
6. Crimes against public morals
7. Crimes committed by public officers
8. Crimes against persons
9. Crimes against liberty and security
10. Crimes against property
11. Crimes against Chastity
12. Crimes against the civil status of persons
13. Crimes against honor
14. Quasi-Offenses
II

In an interview with the local PR TV 12 station in Tacloban City, A, uttered a defamatory remarks
against M, his neighbor, a businessman, is A liable for such remarks even if true? Why?

Slander?
What is proof of truth principle under the law.

— In every criminal prosecution for libel, the truth may be given in evidence to the court and if it
appears that the matter charged as libelous is true, and, moreover, that it was published with good
motives and for justifiable ends, the defendants shall be acquitted

III

OJ is suspected as a drug user and pusher in their Barangay Arado at La Paz, Leyte. An Entrapment
operation was conducted. Making M, as the poseur buyer who requested OJ to purchase two (2)
sachets of shabu. OJ in compliance with M’s order knowing M to be police officer bought for M, said
shabu and when OJ tendered to M as requested, M immediately arrested OJ for violation of sec. 5 of
RA 9165 and brought OJ to their PDEA office at Tacloban City for documentation. Is OJ liable for this
offense? Why? What if OJ would like to plea to a lesser offense of mere possession of these shabu?
Would that be tenable? Why?

What is “chain custody” principle

Chain of Custody” means the duly recorded authorized movements and custody of seized drugs or
controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from
the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in
court for destruction. Such record of movements and custody of seized item shall include the identity
and signature of the person who held temporary custody of the seized item, the date and time when
such transfer of custody were made in the course of safekeeping and use in court as evidence, and the
final disposition;

IV

X, a private individual kidnaped L, a minor whom he courted for six (6) months, even before the filing
of the case for kidnapping, X released L to her parents, Durin the trial for kidnapping, X moved for the
immediate dismissal of the case, for reason that the released L before the filing of the case. Will X
defense be tenable? Why?

State briefly the procedure in the filing of a case for unexplained wealth upon a public official

What are the nine (9) circumstances affecting criminal liability?

1. Stages of Execution
2. Gravity of Offense
3. Justifying Circumstances
4. Exempting Circumstances
5. Absolutory causes
6. Mitigating Circumstances
7. Aggravating Circumstances
8. Alternating Circumstances
9. Degree of Participation
X after knowing that M received from Palawan Express PHP. 100,000 from his son from Manila,
Entered in the evening the house of X armed with a knife. While looking for this money, M was
awakened by his noise, and tried to grapple for the possession for said knife and in the course of
trying to disarm X, M was accidentally stabbed, resulting to M’s death. X was not able to take the
money intended but only PHP. 2,000 that was on the wallet. What crime did X commit if any?

VI

Distinguish an ordinary complete complex crime from special complex crimes as to its concepts and
the penalty imposition.

First under the RPC on complex crimes, component crimes are defined and penalized under separate
and distinct articles and are committed under circumstances in article 48 of the same code…that is two
or more grave or less grave felonies resulted from a single act, or one offense was necessary for
committing the other offense.

Special complex crimes are component crimes constituting a single indivisible offese, and are penalized
under one article of the RPC. For example article 294 provides for robbery with homicide as a single
offense.

Where the law provides a single penalty for two or more component offenses, the resulting crime is
called a special complex crime. Some of the special complex crimes under the Revised Penal Code are (1)
robbery with homicide, (2) robbery with rape, (3) kidnapping with serious physical injuries,
(4) kidnapping with murder or homicide, and (5) rape with homicide. In a special complex crime, the
prosecution must necessarily prove each of the component offenses with the same precision that would
be necessary if they were made the subject of separate complaints.

P, a janitor at DZR airport of San Jose Tacloban, saw a diamond studded bracelet with a name of JB
and her address at V &G subdivision of Tacloban. In order to locate the owner JB, P gave said bracelet
to M, a police officer assigned as security personnel at the Airport in order to deliver said bracelet for
an amount of PHP. 300,000 to L a pawnshop owner. What specific crime would M an L commit in this
case? Why?

Malversation? Refer to the reviewer sent by Deo under the questions and answer for title VII.

VII

Distinguish act of lasciviousness, attempted rape and unjust vexation.

A, a teacher of biology class of DVOREF School of Nursing was slapped and kicked and pushed by her
male nursing student H in front of her class. After receiving his test paper to be a failure. Did it violate
any crime? If any? Why?

VIII

What are the seven acts of falsification under the revised penal code?

A, was heavily drunk in their Barangay Hiagsam town fiesta, armend himself with a long bolo in march 1,
2016, election campaign period of local officials of Jar, Leyte and challenged everybody for a fight.
Annoyed, irked upon the challenges made by A, M went out of his house and brought with him his .38
cal revolver and levelled his gun to A. without intent to hit A and kill him, but purely to scare him. Would
M and N be liable under their acts? What specific crime or offense would A or M be liable? State with
reason.

IX

M, a Municipal Treasurer of Oras, Samar was short of PHP. 300,000 during the cash audit of the COA
Regional Office on March 1, 2016. M immediately reimbursed and/or paid said amount after learning
the shortage, with the money coming from her sister N. A case for malversation of public funds was filed
before the court. Is the filing of his case against M valid? Why?

A, a bank teller of RCBC Tacloban Branch secretly took PHP. 300, 000 from bank depositors for her
personal gain. After a month, it was discovered that some deposits of clients were short of their
deposits. What crime did A commit? Why? What if it was the cashier of the bank that took this money of
the depositors, would your answer be the same? Why?

Distinguish briefly terrorism, sedition and rebellion.