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a r
B
1. While C was ordering bread at a store, D suddenly appeared and, without uttering a
s
word, stabbed C once on the left side of C's body using a sharpened bamboo stick. D
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immediately fled. C was brought to a Medical Center where he was treated as an out-

o b
patient. 22 days thereafter, C was brought to the San Lazaro Hospital where he died the
following day due to tetanus infection secondary to stab wound.
R
an r
The relatives of C filed a case of Homicide, based on Article 4(1), RPC – Proximate Cause
a
Doctrine, against D. If you were the Judge, would you convict D as charged?
B
Chwhy?
If YES,
e s
b lliability of D? Explain.
Ro
If NO, why? What, if any, is the criminal

ar Injuries, with the


andoes not apply. D is liable for SlightBPhysical
Answer:

Ch of treachery.
No, proximate cause doctrine
aggravating circumstance
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b
2. Entrusted by his employer to get a check from a client, l X did as instructed. However,
was thereafter dishonored by the drawee bankR
o
instead of remitting the check to his employer, X deposited the check to his account, which
due to insufficiency of funds.

anagainst X, as he gravely abuse theBconfidencear


Chwould you convict X a charged? es
The employer filed a case of Qualified Theft
reposed on him. If you were the Judge,

If YES, why?
b l
If NO, why? What, if any, is the criminal liability of X? Explain. o
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Answer: a n a r
B
No. X is liable of an Impossible Crime. Ch e s
3. X and his two daughters, Y and Z, were in their home. Thereafter, when X b
l
stepped

use of a 12-gauge shotgun, inflicting a not so serious wound. X called Y forR


outside, accused, who was approximately five meters away from X, shot the latter, o with the

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help. When Y

scene. X and Y were rushed to the hospital. Y was pronounced dead ona
and Z rushed to X’s aid, accused shot Y in the abdomen. Thereafter, accused fled the crime

a full recovery after treatment of his gunshot wound.


C h arrival while X made

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The RTC convicted accused of murder and frustrated murder. On appeal, if you were a
Justice of the CA, would you uphold the conviction? Explain.

Answer:

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I would uphold the conviction for Murder but I would downgrade the Frustrated Murder to
Attempted Murder.
B a
s
Since Gregorio’s gunshot wound was not mortal, appellant should be convicted of
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attempted murder and not frustrated murder.
b
R o
4. X, intoxicated, urinated at the store of Y in the public market. Y confronted X and a
heated argument ensued between them. The moment Y turned his back at X, X stabbed Y

an r
causing his death. X was arrested and case of Murder, qualified by treachery, was filed
against X?
B a
h s
C were the Judge, would you appreciateetreachery against X? Explain.
If you

b l
Answer:
o
No treachery. The attack was R
preparations for the attack.n r
impulsively done, hence, the accused could not have made
a B a
h
5. After AAA was introduced to X, she convinced AAA tosaccompany her at a wake at
C
Parañaque City. Then, they went to Bulungan Fish Port e
some fish. Afterwards, AAA and X proceeded to the b l along the coastal road to ask for
Kubuhan located at the back of the
Bulungan Fish Port. When they reached the Kubuhan,
where a man known by the name “Speed” was
o X suddenly pulled AAA inside a room
Rwaiting. AAA saw “Speed” give money toAAAX.
n
a peeping into the room while sheBwas
Thereafter, “Speed” wielded a knife and tied
arbeing
AAA's hands to the papag and raped her.

raped, but X did not do so. After theh


asked for X's help when she saw the latter

had happened or else they wouldC s


rape, “Speed” and X told AAA not to tell anyone what
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get back at her.

“Speed” and X were charged with the crime of Rape – “Speed” b


Participation and X as Principal by Indispensable Cooperation. o
as Principal by Direct
R
a n a r
B
Are they liable as charged? Explain.

Answer: Ch e s
l
b by
o
Speed is liable as a Principal by Direct Participation. X is not liable as a Principal

R
Indispensable Cooperation as her acts are not indispensable to the consummation of Rape.

n
a on the vehicle of
6. While the Mayor X and his security escorts, on board a service vehicle, were passing the
h
waiting shed, A, B, C and their cohorts opened fire and rained bullets
C

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Mayor X using high-powered firearms. The Mayor and another escort were not hit, but 2 of
his security escorts died, while 5 other escorts sustained physical injuries.

A, B, C and their cohorts were indicted for the complex crime of Double Murder with
Multiple Attempted Murder.

a r
If you were the Judge, would you convict them as charged? Explain.
B
Answer:
e s
b
NO. Accused are criminallyl liable of the separate crimes of 2 counts of Murder and 7 counts
R o
of Attempted Murder qualified by treachery. The killing and wounding of the victims were
not the result of a single but of several acts of the accused, thus, making Art. 48 of the RPC
inapplicable.n r
a a
B spree at a bar, one of them had an
h
C with P. To prevent further trouble,
7. While
s
six navy personnel were having a drinking

P’se
altercation they left. They were walking by the roadside,
on their way back to their camp, when l
the accelerator of his van, swerved tobthe right side of the road, and rammed through the
speeding van mowed them down. P stepped on

Ro injuring four others.


navy personnel, killing 2 of them and

A complex crime of Double n r filed against P.


a Murder with Multiple Attempted Murder B a was

Ch e
If you were the Judge, how would you rule on the case? Explain s your decision.

Answer: b l
P is criminally liable for the complex crime R
o
of Double Murder with Multiple Attempted
n
a aggravating circumstance of use
Murder qualified by treachery with the generic
aofrmotor
vehicle.
h B
s
Ca check to YY in payment of a loan.eYY deposited the
check on its maturity date, 15 November 1995. On 15 December 1995,l
8. On 30 August 1995, XX issued

of dishonor that the check he issued in favour of YY was dishonored


o b XX received a notice
due to insufficient
funds but he failed to make good the check within 5 banking days.
R On 16 September 1997,
n
YY filed a case for Violation of BP 22 against XX before the Office of the Public Prosecutor.
a a r
B
After several Motions and Appeals on the case, the Office of the Public Prosecutor filed the
h 2000.
case for Violation of BP 22 before the MeTC on 3 February
C s
Will the case prosper? Or has the crime prescribed? l e
o b
Answer:
R
n
a the running of
Yes, the case will prosper. The crime has not yet prescribed because the filing of the case
h
before the Office of the Public Prosecutor on 16 September 1997 interrupted
C

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the 4-year prescriptive period that commenced upon the receipt of notice of dishonour on
15 December 1995.

9. Accused was found guilty of 10 counts of rape for having carnal knowledge with the
same woman against her will. The Judge imposed upon him the penalty of 40 years

r
imprisonment under the Three Fold Rule and civil indemnity of P50,000.00.

Is the court correct?


B a
es
If YES, why?
b l
o
If NO, why? What then is the appropriate penalty? Explain.
R
Answer:
a n a r
h is wrong because the Three Fold RuleB
C of penalty. The proper penaltyeisofReclusion
The court
imposition s applies to service of sentence, not on the
perpetua for each count of rape and

b
civil indemnity of P50,000.00 for each countl rape.

10. LB, the Cashier/Manager of PP o


R of the cooperative. On September 2, 2007 LB made it
Cooperative, was in charged of receiving deposits from

a n
and releasing loans to the members
appear that she released Cash Voucher No. 305A for a P15,000.00 loan
a r to a certain EO by
h B it appear in the records
falsifying EO’s signature, i.e., by signing above the name EO, making
that EO was the payee and recipient of the loan. EO was not asmember of PP Cooperative.
C e
What crime/s if/are committed by LB? Explain. b l
Answer: R o
a n a r
Falsification of a private document.
h B
s
C as the Commanding Officer of thee22nd FSU of the
l of funds for the
11. On July 2000, Major C was assigned
PSG, Malacañang Park, Manila. His duty was to supervise the disbursement
b
On December 19, 2000, he received a check from Director A ino
PSG personnel and to perform other finance duties as requested by the PSG Commander.
R the amount of P1,975,000
nthe money in a duffel bag and ar
representing the Special Allowance of PSG personnel. Accompanied by two personnel, he
a
with the P1,295,000 that was earlier B
went to the Land Bank and encashed the check. He placed
kept it inside the steel cabinet in his office together
C h
one with the keys to his office. Althoughs
also entrusted to him by Gen. D. Major C is the only
l e
b was
there was a safety vault in his office, he opted to place the money inside the steel cabinet

o
because he was allegedly previously informed by his predecessor that the safety vault
defective.
R
a
On December 21, 2000, Major C informed Major B that the money he (Major C) wasn
C h
handling, the Special Duty Allowance for the month and other Maintenance
Expenses, in the amount of more or less P3 Million, was missing from his custody.
Operating

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Is Major C liable of any crime? Explain.

Answer:

Major C is liable of Malversation of Public Funds.

a r
12. AAA had always been going to the house of X for 4 months. AAA was 39 years of age,
B
diagnosed to be suffering from “moderate mental retardation with a Mental Age of (6) six
s
years and (8) eight months and an IQ of (41) forty-one.”
e
One morning, while AAAlwas holding a dog outside her residence, X approached her and
o
gave her P200.00 to buy b some junk food. X then asked her to go with him to his house.
R
Upon reaching the house, X ordered AAA to lie down. X had carnal knowledge of AAA.
Thereafter, n
house. a
X ordered her to put her dress on. AAA wasr later fetched by her sister at X’s

h Ba
C crime, if any, is committed by X? es
What

b l
Answer:
o
X is liable of Qualified Rape. R
a n a r
h
13. NA, LD, and LG were having a drinking spree when they saw BXXXtheirwaiting for a ride. LD
C
and LG approached her. XXX tried to get away but LD and LG
e s appeared from
took shirts off and were

portion of the vacant lot holding an icepick and b l


laughing while waiving their shirts in the air. Then NA suddenly
stabbed XXX on the
the dark
right thigh.
Simultaneously, LD, LG, and NA jumped at XXX and
pavement while LD, LG, and NA crowded her.
o covered
Rthemselves,
her mouth. XXX slumped
They pulled down her skirt and forcibly
on the

stabbed her five times, thus causing hera


undressed her. As the three were undressing n XXX tried to escape againr
a so NA

h instantaneous death.
B
Cby NA, LD, and LG? Explain. e s
l
What is/are the crime/s committed

Answer:
o b
R
Attempted Rape with Homicide, a special complex crime.
a n a r
h on their way to apply for work at B
was holding an ice pick and a lead pipe,s
14. Friends, X and Y,were walking along the rice paddies
a canteen near the highway when suddenly, Z, who C
waylaid them and forcibly brought them to a grassy area at the back of a concrete l e
b
wall.

o
Without warning, Z struck X in the head with the lead pipe causing her to feel dizzy and to

lead pipe, knocking her down. Z stabbed Y several times with the ice pick R
fall down. When Y saw this, she cried out for help but Z also hit her on the head with the

n and thereafter

more with the lead pipe and stabbed her on the face. While X wasa
covered her body with thick grass. Z then turned to X. He hit X in the head several times

ChAt that point, X passed


in such defenseless
position, Z raped her. After raping X, Z also covered her with grass.

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out. When X regained consciousness, it was nighttime and raining hard. She crawled to get
help.

Two crimes: Murder and Rape were filed against Z. If you were the Judge, would you
convict Z as charged?

Answer:
a r
B
s
No. I would hold Z criminally liable of the special complex crime of Rape with Homicide
e
l
with the generic aggravating circumstance of treachery.
b
R o
15. X testified that he knew Y for a long time. He stated that he was on his way home to the
neighboring barangay, when, at around 9:00 p.m. on October 9, 2003, in the light of a bright

an r
moon, he saw Y entered the house of L, which was lit with a lamp, and poked a gun to the

B a
victim’s right forehead and demanded money. X hid behind a tree ten meters away. When

Ch s
the victim stated that the money was not in his possession, Y shot him. He went home and
e
reported the incident the following morning.
lWhat aggravating circumstance/s attended the
b
Ro
Of what crime is Y liable of? Explain.
commission of the crime?

Answer:
an a r
B crime under Article 297,
C h s
e
Y is liable of Attempted Robbery with Homicide, a special complex
RPC.
b l
16. AMCGS undertook a building construction
subcontracted the fabrication and erection of R
o in Session Road, Baguio City. AMCGS
the building’s structural and steel framing to
n
a materials
Anmar. Anmar ordered its construction materials from Linton Commercial in Pasig r
a City. It

h
hired Junio Trucking to deliver the construction
Breceiving,
to its project site in Baguio City.

C construction materials.
It assigned X as project manager with
s
general managerial duties, including the
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l
custody, and checking of all building

b
Ro
On two occasions, X instructed B, Junio Trucking’s driver, and about 10 Anmar welders, to
unload flange steel beams at Marcos Highway, Baguio City.

a n a r
h wide flange steel beams had been B
When an inventory of the construction materials at the project site was conducted by M,

and took pictures of some of the missings


Anmar’s warehouseman, it was discovered that several
unloaded along Marcos Highway. There, M found C
steel beams. He reported the matter to the Baguio City police and contacted Anmar tol e
b steel
send

o
a truck to retrieve the steel beams, but the truck came weeks later and, by then, the

R
beams could no longer be found. The stolen steel beams amounted to P2,269,731.69.

n
conviction was improper because the alleged stolen beams or corpusa
X was charged with, and convicted of, Qualified Theft. On appeal, he argues that his

C h delicti had not been

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established. He asserts that the failure to present the alleged stolen beams in court was
fatal to the prosecution’s cause.

a) If you were a Justice of the appellate court, would you affirm the conviction? Why?

r
b) What do you mean by corpus delicti?

B a
c) In Theft, what constitutes the corpus delicti?

es
Answer:
b l
Theft.
R o
a) If I were a Justice of the appellate court, I would affirm the conviction for Qualified

an B ar
b) “Corpus delicti refers to the fact of the commission of the crime charged or to the body

Ch s
or substance of the crime.
e
l taking.
b
c) In theft, corpus delicti has two elements, namely: (1) that the property belongs to the

o
owner, and (2) that it was lost by felonious

17. According to complainant R


a n of W’s assurance that he had athermeans to pay them
over the telephone; that because
L, on April 30, 1997, W placed an order for 200 bags of rice

because he had a lending business and money in the bank, theyB


C h accepted the order; that he
s received BPI Check for
P200,000.00 payable to cash and postdated May 8, 1997; e
released the goods to W on April 30, 1997 and at the same time

with Solid Bank, his depository bank, the check was b ldishonored due to insufficiency of
that when he deposited the check

funds; that he called W about the matter, and the olatter told him that he would pay upon his
R W did not pay him. Hence, he filed a
return to Cebu; and that despite repeated demands,
case of Estafa under Article 315(d) against n
a W.
a r
h B meet W
During the trial, on cross-examination,
s
Ctelephone only; that he released thee200 bags of rice
L admitted that he did not personally

lupon receiving the


because they transacted through

rice.
o b
directly to RC, the brother-in-law of W, who signed the delivery receipt

R
n
In his defense, W said he issued the BPI Check to RC, his brother-in-law, not to L. He denied
a a r
that he wanted to buy, but when the B
having any telephone conversation or any dealings with L. He explained that the check was

Ch s
intended as payment for a portion of RC’s property
sale did not push through, he did not anymore fund the check.
l e
If you were the Judge that heard the case:
o b
R
a)
n
would you hold W criminally liable of Estafa by Postdating a Check? Explain.
a
Ch
b) would you hold him civilly liable for the value of the check? Explain.

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Answer:

As the Judge, I would hold W civilly liable liable, but not criminally liable of Estafa by
Postdating a Check.

r
In every criminal prosecution, the identity of the offender, like the crime itself, must be

B a
established by proof beyond reasonable doubt. W could not be held guilty of estafa simply
because he had issued the check used to defraud L. The proof of guilt must still clearly show
s
that it had been W as the drawer who had defrauded L by means of the check.
e
Nevertheless, an accused,lthough acquitted of estafa, may still be held civilly liable. W as the
o
admitted drawer of the bcheck was legally liable to pay the amount of it to L, a holder in due
course.
R
a n a rand thumbmark of Y, his mother in
18. X, through
h B X as Y’s attorney-in-fact, to sell and
deceit, was able to secure the signature

C 4 pieces of land in Tagaytay. X told


law, on
dispose s
a Special Power of Attorney (SPA) designating
e X,herwhotaxes.
was old and almost blind, that the

b
documents she was being made to sign involvedl
o
P22million. X failed to account R
On the basis of the aforesaid SPA, X sold the said properties of Y in the total amount of

a n r
for the same and never delivered the proceeds to Y.
a
h BRPC?
Is X criminally liable? Or is he civilly liable only under Article 332,
C e s
Answer:
b l
YES. X is liable of Estafa thru Falsification a Public o Document. The absolutory cause under
R therein: the simple crimes of theft,
Art. 332 is strictly limited to the felonies mentioned
swindling, & malicious mischief.
a n a r
h Binside her
house. X, who had a knife with C
19. X rape 15-year old AAA on February
s
1, 2001 while the victim was alone
e
lto her older sister,
him, threatened to kill AAA if she resisted and informed
anybody of the incident. X is the victim’s brother-in-law, being married
and the couple lived in a nearby house.
o b
R
nthe tricycle. She tried shouting ar
On February 26, 2001, AAA was about to enter the school campus with her friend arrived
a
hshop where he asked someone to give B
on a tricycle driven by his uncle. X then pulled AAA towards

uniform. He then brought her to his sister’ss


but he covered her mouth. He brought her to a dress
her a change of clothes as she was in her school C
l e
b
house where he raped her inside a bedroom.

Two cases were filed against X – Qualified Rape and the complex crime o
R of Forcible
Abduction with Rape.
a n
If you were the Judge, would you convict X a charged? Explain.
C h

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Answer:

Two (2) counts of Qualified Rape.

20. During an evening procession, X learned that brothers A and B, minors, threw stones

r
on her two young daughters, Y and Z; and that A burned Y’s hair. Angrily, X went up to A,

B a
struck A at the back with his hand, and slapped A on the face. Then X went to the brothers’
house and challenged their father to a fight, but W, the father, did not come out of the house
s
to take on X. The doctors who examined A issued medical certificate attesting that A
e
l
suffered contusions that would heal from 5 to 7 days.
b
R o
The Office of the Public Prosecutor filed a case of Violation of RA 7610 – The Anti-Child
Abuse Law against X.

an B ar
If you were the Judge, would you convict X as charged?

Chwhy? Explain.
If YES,
e s
If NO, why? Of what crime you would b
l
Ro
convict X? Explain.

Answer:
a n a r
h B Thereworth
If I were the Judge, I would not convict X of Violation of RA 7610. was no showing
C
of A as a human being, or that he had thereby intended to e
that his laying of hands on A had been intended to debase thes “intrinsic and dignity”

b l humiliate or embarrass A.

Considering that A’s physical injury required five oto seven days of medical attention, X is
R266 (1) of the Revised Penal Code with the
liable for slight physical injuries under Article

a n
mitigating circumstance of passion or obfuscation.
a r
h B
C es
b l
R o
a n a r
B
Ch e s
b l
R o
a n
C h

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