Professional Documents
Culture Documents
College of Criminology
City of Ilagan, Isabela
MODULE I
Answer:
In this case, the wounds in his back could be the first stabs
sustained to ensure offenders safety from the defensive or
retaliatory acts of the victim, while the other wounds all over his
body could only be sustained after the victim was stabbed from his
back.
Answer:
To be charged of intentional abortion, these elements must be
present:
1. There is a pregnant woman
2. Violence is exerted, or drugs or beverages administered, or
that the accused otherwise acts upon such pregnant woman
3. As a result of the use of violence or drugs or beverages upon
her, or any other act of the accused, the fetus dies, wither in
the womb or after having been expelled therefrom
4. Abortion is intended
The crime of homicide must be filed. The facts in this case do not
constitute the acts punishable under Articles 260 and 261 since
there were no seconds who fixed the conditions of the fight in a
more or less formal manner. A mere fight as a result of a challenge is
not necessarily a duel because a duel implies an agreement to fight
under determined conditions and with the participation and
intervention of seconds who fixed the conditions.
Answer:
The crime committed is rape by sexual assault under Republic
Act 8353. Under this new law, offender commits an act of sexual
assault by inserting his penis into another persons mouth or anal
orifice, or by inserting any instrument or object into the genital or
anal orifice of another person. And, violation of the body orifices by
the fingers is within the expanded definition of rape under RA 8353,
hence, A is liable of the crime rape and not acts of lasciviousness.
b. If what has been inserted into Anas female organ is an object, let
us say, a piece of candle, are you going to charge the homosexual
of the same crime of acts of lasciviousness or are you going to
charge her this time of the crime of rape. Justify your answer.
Answer:
The crime committed is still a rape by sexual assault under
Republic Act 8353 as explained above.
ROBBERY:
I. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF
PERSONS
II. ROBBERY WITH FORCE UPON THINGS.
THEFT:
Questions:
a. If one of the robbers was killed by the police officers, what crime
are you going to file against the remaining robbers? Why?
Answer:
The remaining robbers are all liable Robbery by a band. As
stated in the Revised Penal Code, when more than three armed
malefactors take part in the commission of robbery, it shall be
deemed to have been committed by a band. At least four armed
persons must take part in the commission of the crime. It is true
even one of the members of a band died during the exchange of
shots with the responding police officer.
Answer:
The police officer is not liable for the death of the bank
employee because it is a mere accident and falls under the
exempting circumstances stated in the Revised Penal Code to wit:
any person who, while performing a lawful act with due care,
which in this case is to capture and prevent the robbers, causes
an injury by mere accident without fault or intention of causing
it, is exempt from criminal liability.
2. Ana was on her way home from school, one night when suddenly A,
a desperate lover, grabbed her, poked an ice pick on her neck, then
dragged her on a grassy place. Ana tried to fight to resist the sexual
advances made by A but the latter boxed her in the abdomen
reason for which he succeeded in having sexual intercourse with
her. After the sexual intercourse, A was about to leave when he
noticed Anas bag thrown a few meters away from the unconscious
body of Ana. A took the bag. Ana comes to you to file a complaint.
Answer:
As a lawyer, I will file two distinct case of rape and unjust
vexation. As stated in the facts of the case, the intention of the
culprits was just to have sexual intercourse with the victim and his
taking of her bag after the rape was not with intent to gain but just
to have some tokens of her supposed consent to the coition.
Answer:
MODULE III
Answer:
In this case, police officers are liable of the crime unlawful arrest
for arresting and detaining A without legal grounds. What Miss X
may do in such case is to file a complaint with the Prosecutors
Office, and when after investigation, the fiscal becomes convinced
that theres a probable cause to charged A with the offense and the
court issued an order for his arrest, thats the only time that police
officer can validly arrest and detain the accused.
Answer:
Question:
i. What is the degree of participation of A in the death of X?
Reason out.
Answer:
Question:
i. What is the degree of participation of C in the crime of murder?
Why?
8. A went to his wife, who was living separately from him to entreat
her to live with him again, but a cousin of his wife provoked him
then and there, reason for which, A assaulted his wifes cousin. As
a result, his wifes cousin lost his left arm.
9. A police officer shot a 7 years old child in his abdomen. The child
would have died were it not for a timely medical attendance.