Professional Documents
Culture Documents
College of Law
Santiago City
SPECIAL PENAL LAWS FINAL EXAMINATION
Atty. Christina A. Parubrub-Yere
November 16, 2015
INSTRUCTIONS: This is a take home examination. Read each
question carefully. Understand what is asked for. Answer concisely
with legal basis and applicable jurisprudence on the matter and
write legibly. Write your answer for every question in a new page
of your notebook. Examination booklets should be given to TJ
Baltazar by 6:00 PM on November 20, 2015 (Friday) at the Deans
Office. GOODLUCK!
I
The purpose of Indeterminate Sentence Law is to uplift and
redeem valuable human material and prevent unnecessary and
excessive deprivation of personal liberty and economic
usefulness. Discuss how the law achieves that purpose. (10
points)
II
On November 2, 2015, Avelino was found guilty of Robbery by the
RTC Br. 35, Santiago City and sentenced him to suffer the penalty
of imprisionment to four years, two months and one day of prision
correccional as minimum to eight years and twenty days of
prision mayor as maximum.
a. On November 10, 2015, he appealed his judgment of
conviction and applied for probation. As the judge, draft an
Order on this matter submitted for your resolution. (5 points)
b. When he applied for probation, it was discovered that in
March 2000, MTCC Br. II Santiago City has sentenced him to
a six month imprisonment for less serious physical injuries
which he fully served. May his application for probation be
granted? Reason out. ( 5 points)
III
b. Can the State still recover the properties and assets that he
illegally acquired, the bulk of which is in the name of his wife
and children? Reason out. (5 points)
VIII
a. Alice asked support from her facebook friend Olivia who
accommodated her by issuing in her favor a postdated check
in the sum of Php.90,000.00. Both of them knew that the
check would not be honored because Olives account had
just been closed. The two then approached a franchising
expert Rowena whom they asked to change the check with
cash, even agreeing that the exchange be discounted at
Php.85,000.00 with the assurance that the check shall be
funded upon maturity. Upon Rowenas presentment of the
check for payment on due date, it was dishonoured because
the account had already been closed. What action/s may
Rowena commence against Alice and Olivia to hold them
account for the loss of her Php.85,000.00? (3 points)
b. Discuss whether Adminitrative Circular No. 12-2000 remove
imprisonment as a penalty nor decriminalize BP Blg. 22? (7
points)
IX
a. Allan, a government employee, was in a hurry to return to
his office after a day-long official conference. He alighted
from the government car which was officially assigned to
him, leaving the ignition key and the car unlocked, and
rushed to his office. Ogie, a bystander, drove off with the car
and later sold the same to Andy. Andy met a minor accident
that made the examination of his vehicles Certificate of
Registration necessary. When the policeman checked the
plate, chassis and motor numbers of the vehicle against
those reflected in the Registration Certificate, the policemn
found the chassis and motor numbers to be different from
what the Registration Certificate stated. Upon verification
with the LTO, it correspond to a vehicle previously reported
as carnapped. If you were the prosecutor, would you or
would you not charged Andy with a violation of the AntiCarnapping Act? Why? (5 points)
b. Sonny, a tricycle driver, plied his usual route using a Honda
motorcycle with sidecar. One evening, Raul rode on the
sidecar, poked a knife at Sonny and instructed him to go
near the bridge. Upon reaching the bridge, Raul asked Sonny
to alight from the motorcycle and Raul drove away the
tricycle. Raul was charged of anti-carnapping act. In his
defense, he raised the argument that the tricycle in question
is not a motor vehicle as the anti-carnapping law defines the
term because it is not licensed to operate on the public
highways. Is Rauls contention correct? (5 points)
X
Karlo was charged with violation of RA No. 9262 because he
allegedly used physical violence against Lay, her former girlfriend.
When the Information was filed and a warrant of arrest was issued
against him, he filed a Motion for Judicial Determination of
Probable Cause and to Quash Information. According to him, he
cannot be charged with violation of RA No. 9262 because the
incident subject of the case happened after their break-up, which
Lasy admitted in her affidavit; hence, there is no more dating
relationship which will make the case fall under RA No. 9262 and
the appropriate case should be slight physical injuries only.
Prepare a Resolution resolving the motion of Karlo. (10 points)