MANDALUYONG CITY POLICE STATION CRIMINAL LAW

1. Macario waited George to the alley with intent to kill, but when George passed
by, he sustained heart attack and died. Since his grudge against George, with
knowledge that George was already dead, stabbed repeatedly. What crime did
Macario commit?

a. Murder c. Homicide
b. Impossible Crime of Homicide d. No crime

2. Jose, 80 years old, was apprehended for jay-walking. Whether due to his old age,
he should be charged for:
a. intentional felony; c. infraction ;
a. unintentional felony; d. culpable felony

3. During their hunting in Sierra Madre for a wild pig, Juan’s bullet fired against a
running wild pig hit a stone and recoilled back hitting his companion Max resulting
to a serious injuries. Max is contemplating to file a criminal action against Juan
based on:

a. culpable felony; c. lack of skill;

b. negligence; d. lack of foresight.

4. Susan was robbed by the “akyat-bahay” gang. Due to darkness, she could not
identify the face of the robber when a police line up was made. Hence, the police
authorities wanted to drop the case. As a lawyer, would there be a good ground to
pursue the case?

a. criminal intent; c. criminal negligence;

b. circumstantial evidence; d. criminal motive.

5. Bruno, while driving a car, fall asleep and awaken due to a big bang hitting the
electric post of Davao Light. His car was damaged greatly and demanded for
damages from Davao Light. As a defense counsel of the Davao light, state your
possible defense:

a. damnum absque injuria; c. criminal intent;

b. criminal negligence; d. felony.

Should Davao Light intend to prosecute Bruno, state your possible ground:

a. criminal negligence; c. unintentional crime;

b. culpable felony; d. lack of skill.

6. Maria sued Juan when the latter look at her with a lascivious eyes which Maria
felt that she is being raped. As a defense counsel, state your basis for the
accusation :

a. statutory crime; c. nullum crimen nulla poena sine

lege;
b. mala prohibita. d. common law crime;

7. The Japanese vessel docked at Davao City wharf. While unloading merchandise,
a Filipino crew and an American crew had a hated arguments resulting to a rumble
among all its crews. The court is asking your opinion whether it has jurisdiction
over the rumble due to :

a. English rule; c. Philippine rule;

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 b. French rule; d. Japanese rule.

8. A vessel without any registration was caught fishing within the 200 exclusive
economic miles of the Philippines. When search, it was loaded with shabu
manufactured in the vessel itself. The PDEA is asking whether it could validly
apprehend the vessel ?

a. yes, based on illegal fishing; c. yes, based on illegal

intrusion;
b. yes, based on manufacturing shabu; d. yes, based on illegal
entry
.

9. While patrolling the Philippine boarders, the navy sighted a vessel carrying a
Chinese flag is moving out from the Philippine territory and standby just outside
the 12 miles limit. The navy is asking your opinion whether the said vessel could
be apprehended and charge for a crime but on what basis ?

a. transitory crime; c. illegal intrusion;

b. violation of the boarder; d. continuing crime.

10. A cruise ship loaded with tourists from Mexico docked at the Philippine port.
During the routenary inspection, the coast guard discovered shabu placed inside a
drawer in cabin # 5 which belongs to tourist-passenger Matutina. What possible
crime should you charged Matutina, if there is any?

a. illegal possession of prohibited drugs,

b. illegal possession of shabu;
c. no crime is committed under the French rule ;
d. no crime is committed under the English rule;

11. A Chinese vessel carrying smuggle goods intended for the Zambaonga City
barter trade from Malaysia was intercepted by the American navy, just outside the
Philippine territory, during the annual balikatan exercise held in Sulo. Would it be
proper to charge the Chinese vessel here in the Philippines for:
a. smuggling; c. transitory crime;
b. illegal entry; d. continuing crime.

12. While in Hongkong, Filipino Max with the connivance of Hongkong nationals
printed Philippine bills and circulated it in Hongkong. A Filipino tourist was one of
the victims. Upon return to the Philippines, the victim filed a criminal case before
the Manila RTC and a warrant of arrest was issued against Max. Max was
apprehended at the NAIA. As counsel of Max, what possible defense would be
available ?
a. territoriality; c. forum non convenience;
b. jus cogen; d. amicable settlement.

13. Filipino Susan was hired as the domestice helper of japanese ambassador
Kukuryo. One night, she was apprehended in a karaoke bar for singing “my way”
and detained for alarm and scandal. Hence, his employer went to the police
precint and wanted to have her released. Decide.
a. the employer can not demand for the released of Susan. Otherwise, he
could be liable for obstruction of justice;
b. the employer’s immunity for arrest is extended to Susan, as the
domestic helper;
c. Susan should not be released for no one is above the law;
d. Susan should be released on bail until the crime has been fully
discharged.

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14. Marilyn got married in America while she was still married to Bembol in the
Philippines whom they were secretly married in Davao City. Moreover, due to
conflict of laws, she may not be prosecuted in the Philippines due to :

a. territoriality; c. secrecy of marriage;

b. nationality; d. generality;

15. A person may be criminally even though he has no criminal intent because of :

a. criminal intent; c. classical theory;

b. positivist theory; d. culpable felony.

16. When Johnny and Susan breaks-up, Johnny was so depressed that he escaped
his meals and sleeps resulting to unsoundness of mind. It is at this stage that
Johnny became violent against women. As a criminal mind psychologist, what
could be the possible reason of the unbecoming of Johnny ?

a. insanity; c. positivist
theory;
b. women hatred syndrome ; d. classical
theory.

17. Max loves his wife so much the he takes care of her with tender loving cares 24
hours a day. But because of poor eye sight, he poured a muriatic acid in her glass
thinking that it was her milk. Instantly, the wife died upon drinking the same. As
counsel of Max, what possible defense would you invoke ?
a. actus mi invito non est mios actus;
a. absence of criminal intent;
b. actus non facit reum nisi mens sit rea;
c. nullem crimen nulla poena sine lege.

On the contrary, as the prosecution counsel, what would be the proper charge
would you institute ?

a. parricide; c. reckless imprudence

resulting in homicide;
b. homicide; d. impossible crime.

18. Kirk was a Texan whose laws allows carrying of firearms even without license.
The purchase invoice issued by the gun’s store is enough to consider such legal
possession. So, when he was in the Philippines, he was caught carrying a 45 cal.
Hand gun without the necessary permit from the PNP. Should he be arrested just
like other Filipinos ?

a. illegal possession of firearm; b. generality;

c. territoriality; d. comity with all nation

19. Ambassador to the US, Mario, was accused by his subordinate for sexual
harassment committed against American citizen Jane Smith when she was still
applying for a job in his office. Later, Jane decided to file a criminal action against
Mario in the RTC of Manila, Philippines. Rule on the merits of the merits of the case.

a. the case should be dismissed due to lack of jurisdiction;

b. the case should be dismissed for the complainant is an alien and the
alledged crime was committed beyond the jurisdiction of the court;
c. the case should prosper. The court has jurisdiction consider that it was
committed in the Philippines under the principle of exterritoriality;
d. the case should prosper under the principle of extraterritoriality.

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20. While on board the Philippine Air Lines and about 5 minutes more, the same
will be landing at California Airport, USA, Filipino passenger Matibay run wild
hurting co-passengers when he received a call from his son that his mother had
eloped with their neighbor. The Pilot captain arrested Matibay and asking your
opinion whether he could contineuosly detained him to be turned over to the PNP
or turn over him to the Californian authorities whose laws are similar to the
Philippine laws.

a. the PNP has the jurisdiction over Magtibay on the ground that he hurted
his co-passenger while on board PAL;
b. the PNP has no jurisdiction over the crime. Having committed outside
the Philippine territory;
c. the PNP has jurisdiction over the crime under the principle of
exterritoriality;
d. the PNP has jurisdiction over the crime under the principle of
extraterritoriality.

21. While on vacation in Metro Manila, John was caught spitting on the cemented
floor of the MRT terminal. The MMDA is confused whether he should be charged
for :

a. infraction; b. felony c. crime; d. offense

As counsel of John, who just arrived from Africa where there is no prohibition of
spitting, what would your defense in order to exonerate your client from possible 1
month imprisonment ?
a. ignorantia lege excusat;
b. request for stern warning. John is totally knows nothing about the same;
c. good faith;
d. lack of felonious intent to commit the same;
e. lack of motives to commit the same;

22. While playing foot ball, AA kicked the ball so hard that it landed on the head of
co-player BB which resulted to brain hemorrhage and died. This is a case of :
a. aberratio ictus;
b. error en personae;
c. praeter intentionem;
d. criminal negligence;
e. reckless imprudence resulting in homicide.

23. Juan raped Suan. Fortunately, the rape law was abolished. Hence, he judge is
asking what to do with the case against Juan.

a. Dismissed the case due to the principle of nullum crimen nulla poena sine
lege;
b. Dismissed the case but recommend for re-implamentation of the same to
the Pres. Noynoy;
c. Continue the case and imposed the proper penalty because raped is mala
in se;
d. Continue the case and imposed the proper penalty as a deterent to future
rapist.

24. The abu sayaf group kidnapped a chinaman for ranson. While negotiations with
the victims family is on-going, the victim have to be moved around to various
places to avoid from the military detection. However, due to the influence of Kung
fu and shao lin martial arts, the chinaman was able to cripple his guard and carried
him to the military camp. What is the classification of the crime committed by the
abu sayaf ?
a. continued crime; c. transitory crime;
b. continuing crime; d. caso continuado.

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25. Since the world is too cruel to Romeo, he decided to jump from the top of a tall
building along the crowded street of Makati City to end his life. But he landed on
the shoulder of an old woman which it was the old woman who died. Romeo is
liable for culpable felony due to :

a. lack of skill; c. lack of foresight;

b. imprudence; d. negligence

26. Due to drunkenness, Binoy, a Filipino seaman, stabbed to death Sio May, a
Singaporean seaman, aboard M/V "Princess of the Pacific", an overseas vessel,
while sailing the Pacific ocean. The vessel, although an American registered, is
owned by Don Pepot, a Filipino businessman. When the vessel docked at Cebu City
port, the Captain of the vessel turned over Binoy to the PNP and an information for
homicide was filed against Binoy in the RTC of Cebu City. What possible defense
would be available, if any ?
a. the principle of exterritoriality;
b. the principle of nationality;
c. the principle of extraterritoriality;
d. the principle of generality;
e. the principle of territoriality;

what law shall govern during the incident ?

a. Philippine law – nationality theory of Binoy;
b. American Law – nationality of the vessel;
c. Singaporean law – nationality of the victim;
d. Philippine law – nationality of the owner.

27. AA, BB, CC, and DD, armed themselves with knives and proceeded to the
house of FF to kill the latter. About 20 meters from their destination, the group
alighted and after instructing EE, the driver, to wait, traveled on foot to the house
of FF. BB positioned himself as the group's lookout. CC and DD stood guard outside
the house. Before AA could enter the house, DD left the scene without the
knowledge of the others. AA stealthily entered the house and stabbed FF. FF ran to
the street but was blocked by CC, forcing him to flee towards another direction.
Immediately after AA had stabbed FF, AA also stabbed GG who was visiting FF.
Thereafter, AA exited from the house and, together with BB and CC, returned to
the waiting taxicab and motored away. GG died. FF survived. Who is/are liable for
the death of GG ?
1. AA; 2. BB; 3. CC; 4. DD; 5. EE.

Who is/are liable for the physical injuries of FF ?

a. AA, BB, CC;
b. AA, BB, CC, DD;
c. AA, BB;
d. AA, BB, DD
e. AA, BB, DD, CC, EE.
f. AA, BB, DD, EE.

28. XX and YY attacked Juan with knives. Seeing that his father is being attacked,
he draw a gun but prevented by ZZ from firing it. Unfortunately, Juan died due to
knife wounds. Hence, XX, YY and ZZ were charged for murder. Who would be liable
for the death of Juan ?

XX, YY and ZZ;

XX and YY;
XX and ZZ;
YY and ZZ.

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Will the act of ZZ be considered valid ?
a. not valid. Being an act to prevent a lawful act of defense of relative ;
b. not valid. Being done in the pursue of conspiracy;
c. valid. It is to prevent a greater evil;
d. valid. It is an act of self defense.

29. Juan and Arturo planned to murder Bruno where Juan will shoot Bruno when the
latter passes through on his way to work and Arturo will simultaneously shoot
Bruno from behind. On the appointed day, Arturo surrendered to the PNP before
the shooting happen although Juan executed the plan. Will Arturo be held
criminally liable ?

a. Arturo is liable due to presence of conspiracy;

b. Arturo is exempt from criminal liability due to his surrender prior to the
commission of the act;
c. Arturo is liable as a conspirator. An act of one is the act of all;
d. Arturo is exempt as he returned to the path of righteousness.

Supposing on the appointed date, Arturo was apprehended by the PNP while on the
way to the site, what would be the extent of his participation, if any ?

a. as co-conspirator due to presence of conspiracy and liable as principal;

b. as co-conspirator due to presence of conspiracy but liable as accomplice;
c. as co-conspirator due to presence of conspiracy but liable as accessory;
d. not liable for having been arrested prior to the commission of the crime.

30. Juan snatched the cellphone of Susan. When Susan chased Juan, 4 drunked
people blocked her way and started to grab her. Will the 4 drunked people
criminally liable for the snatching ?

a. no. due to absence of conspiracy;

b. no. although no conspiracy exist, but they are individually liable for
grabbing Susan;
c. yes. by blocking Susan and allowing Juan to escape, they are considered
accessory;
d. yes, due to presence of implied conspiracy as manifested by their
concerted
act of blocking Susan.

31. Max, an escapee, ran amuck on board a Bus bound for Manila. Terrified by the
incident, Passenger Johnny jumped out of the window with head hitting the
pavement of the road, were he was ran over by a fast moving Supersonic bus
tailing the Bus.

Max was charged and convicted for the death of Johnny although he was not aware
of such act of jumping out from the bus. As a judge, what would be the basis of the
conviction of Max ?

a. The rule is that when a person, by a felonious act, generates in the mind
of another a sense of imminent danger, prompting the victim to escape
from or avoid such danger and in the process, sustains injuries or dies, the
person committing the felonious act is responsible for such injuries or
death.
b. El que de la causa es causa del mal causado;
c. Criminal negligence;
d. Alarm and scandals.
e. Grave threat.

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32. Accute TB patient/actor Benhur had a lips-to-lips kissing scene with actress
Diana. A year later, Diana died due to TB as a result of that kissing scene. As
counsel, would you charge Banhur for the death of Diana ? if so, on what ground ?
a. on the ground of kissing Diana which transfer the TB illness;
b. on the ground that TB is a communicable disease;
c. on the ground that he who is the cause of the cause is the cause of the
evil cause;
d. on the ground that the kissing is the proximate cause of the death.

If so, what probable crime would you institute ?

a. homicide; c. criminal negligence;

b. impossible crime; d. dolo;

33. Is impossible crime really a crime by itself ?

a. yes. it is a crime as mentioned under art. 4, par. 2 of the RPC;

b. no. it is not a crime. It is so-called a crime because the act gives rise to
criminal liability;
c. yes. because the offender is having a criminalistic intent;
d. no. the act produces no harm to the alleged victim.

34. Makoy wear a mask of a witch during the hallowen party which scared the real
witch, Susan, who suffered a heart attack and died instantly. The counsel of Susan
is contemplating to file a criminal action against Makoy. Please assist the counsel
on what possible crime makoy had committed.

a. murder due to presence of treachery;

b. homicide due to proximate cause of scaring;
c. reckless imprudence resulting in homicide for scaring the real witch;
d. impossible crime;

On the other hand, as counsel of Makoy, what possible argument would you
present to absolve or lessen the penalty ?
a. justifying circumstance of self-defense;
b. mitigating circumstance of lack of intent to commit so grave a wrong;
c. exempting circumstance of the occasion;
d. praeter intentionem.

35. The robber robbed the house of Noynoy by breaking and entering thru the
window and exited thru the door using a false key. Valuables worth P100,000.00
were carted away after raping the house helper. As counsel of the robber, what
would be your defense due to charges of Rape, robbery, trespass to dwelling,
damage to property (window) and illegal possession of false key.

a. the principle of single criminal intent;

b. the pro reo doctrine;
c. the complex crime theory;
d. the conspiracy theory.
e. The complex crime proper theory.

36. Samuel shot, with intent to kill, Carlo but was not hit due to lack of skill. The
second shot is about to discharge, Gabby friend of Carlo aided him and was able to
subdue Samuel. What crime did he commit?

a. No crime b. Discharge of Firearm

c. Attended Murder d. Alarm and Scandal
37. In connection with the preceding paragraph, how if Samuel was able to hit
Carlo but Gabby prevented the second shot, what crime ?

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 a. No crime b. Discharge of Firearm
c. Attended Murder d. Alarm and Scandal

38. In connection with the above facts, how if Samuel ha

1. Commander Salamander, an African and a noted leader of the peklat pirates

group operating world wide, particularly in Panama canal where hundreds of ocean
going vessel were seizes and demanded for ransom from the owners, was caught
in Manila. What possible crime would he be charged ?
a. Piracy; b. qualified piracy;
b. robbery on the high seas; c. transitory crime.

Having been charged before the RTC and as counsel of the accused, what possible
defense may be invoked ?
a. The principle of territoriality – the Philippine court has no jurisdiction
over the case considering that the crime committed is outside its
territory.
b. The principle of nationality theory – that the accused should be
charged before his country;
c. The principle of sovereignty – the state shall have the right to
prosecute its subject;
d. The principle of forum non convenience – that the Philippine court is
inconvenient to both the offender and the offended.

As a judge, would the above-chosen defense be allowed ?

a. yes – it is allowed under the rules of court;
b. yes – it is a judicial notice;
c. no. – the act committed is triable anywhere in the world;
d. no. – the act committed is a crime against humanity.

2. A group of 1,000 armed men from the AFP marched thru the Mendiola bridge
and camped at a hotel adjacent to the Malacanang Palace demanding for the
ouster of the President of the Republic of the Philippines Romeo Santi because of
massive cheating during the presidential election which lead to his presidency and
refusing to recognize the government under him. This is a case of :

a. coup d’ etat c. sedition e. mutiny

b. rebellion d. treason f. disloyalty

3. When negotiations fails, a firefight ensued between the hostage taker and the
Policemen. when silence settled, 10 of the hostages were killed thru gunshot
wounds and according to the ballistic examinations, 4 of the victims died due to
gunshot from the pistol of the hostage taker and the other 6 victims died from
gunshot fired from the policemen. Will the hostage taker be liable for the death of
the other 6 victims ?

a. yes. the hostage taking is the primary cause of the firefight;

b. yes. the hostage taking is the cause of the death of the 6 victims.
Accordingly, he who is the cause of the cause is the cause of the evil
cause.
c. no. the death of the hostage taker extinguishes the criminal and civil
liability;
d. no. the hostage taker is civilly liable for the death of the 6 victims.

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4. Boy Kidlat sells stolen items on commission basis. When the principal (robber) is
charged. Should Boy Kidlat be implicated as :

a. fence; c. principal by indispensable cooperation;

b. accessory ; d. accomplice. e.
fencer.

5. Jose and Boboy agreed to robbed the house of Danilo, were his wife, and a
daughter resides.. While Jose is in the process of ransacking Danilo's house, Boboy
raped the daughter and carted away the belongings. To avoid from detection, they
killed the whole family. What crime does Jose had committed ?
a. a compound crime; c. a multiple crime;
b. a complex crime; d. a continuing crime;

6. Max and Bruno planned to kill and rob their employer Susana. The details were all
ready for execution. However, when Max is about to stab Susana, a police siren was
heard by the two, prompting Max to run away without having executed his part.
Although, Bruno was able to take the money and fled. Decide whether conspiracy
exist.

a. No conspiracy. When Max heard the police siren, he fled and thereby
abandoning the criminal intent;
b. No conspiracy. The act of Max is an act of returning to the path of
righteousness;
c. Conspiracy is present as manifested by their common design to perpetuate
a crime;
d. Conspiracy is present. The act of robbing and killing has been planned.

How would you interpret the act of Max’s running away ?

a. manifestation of returning to the path of righteousness;
b. manifestation of evading from possible arrest;
c. manifestation of cowardness;
d. manifestation of abandonment of the plan to commit a crime.

How would you treat such act of running away ?

a. as a mitigating circumstance;
b. as an exempting circumstance;
c. as a justifying circumstance;
d. as an exculpatory act.

7. After raping the victim, a passersby Jose also raped the victim upon invitation of
the first rapist. What is the status of the criminal liability of the 1st and 2nd rapist ?

a. collective act ; c. compound or complex crime;

b. express conspiracy; d. implied conspiracy.

8. With intent to kill, a group of armed men fired their armalites to the house of their
opponent who happened to be outside of his house attending a party in a restaurant.
And even throw hand grenades that totally burned the house. What possible crime
would you charge against the armed group ?

a. Arson ; c. impossible crime;

b. Damage to property ; d. complex crime.

9. Johnny and Susan were sweetheart. Due to jealousy, Susan, a license boxer, punch
the chest of Johnny and decided to break-up their relationship. Upon hearing, Johnny
suffered a heart attack. Record shows that Johnny is lingering from heart ailment.
Sensing that Johnny had a hard breathing, Susan brought him to a hospital but to no
avail. Would Susan be liable for the death of Johnny ?

a. yes. the act of punching constitute the proximate cause of his death;

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 b. yes. the act of breaking-up the relationship is the proximate cause of his
death;
c. no. the act of punching and breaking their relationship is a remote cause;
d. no. the act of punching and breaking their relationship is a proximate cause;
e. no. the proximate cause of the death is the heart ailment;
f. yes. the act of punching and the breaking-up of their relationship is the
immediate cause.

10. With intent to kill the victim, Max offered a glass of milk to the victim whom he
believe that it was a glass of muriatic acid. When the victim drink the same, he
suffered allergies and have to be hospitalized for 2 days. What crime would you
charge Max ?

a. impossible crime; c. slight physical injuries;

b. food poisoning; d. frustrated homicide.

11. Luisa was kidnapped by the Nerbioso Gang for ransom. A note containing a
P1,000,000.00 demand was sent thru LBC but return to the sender because the
addressee (family of Luisa) could not be located. And thanks to the alertness of the
PNP which rescued the victim and arrested the Nerbioso Gang. What crime would you
charge against them ?

a. impossible crime of kidnapping for ransom;

b. frustrated kidnapping for ransom;
c. kidnapping and frustrated ransom;
d. complex crime of kidnapping with extortion.

12. Immediately after the raped committed by Abdul against Suraida, she pulled the
dagger of Abdul and stab Abdul to death. Such act of Suraida constitute as a :

a. justifying circumstance; c. mitigating circumstance;

b. exempting circumstance; d. qualifying circumstance

Would it also be considered as :

a. defense of honor; c. self defense;

b. vindication of a wrong; d. defense to virginity.

13. AA, during the absence of his brother BB, took the latter’s “alcansiya” and broke
it. Took out the coins and used for his “bisyo”. BB is now asking your opinion as to
what action should be instituted ?

a. Thief; c. Malicious mischief;

b. Robbery with force upon thing; d. swindling;

14. 8 year old Max Jr. was watching his favorite tv show “ Lone Ranger”. But Petra
changed the tv channel to enable her to watch Wiling Willie show which enraged Max
jr. So, he pulled a knife and stabbed the back of Petra causing her instantaneous
death. What circumstance beneficial to Max Jr. ?

a. exempting circumstance; c. exculpatory circumstance;

b. justifying circumstance; d. mitigating circumstance.

15. Jenneth opened and deposited a P5,000.00 saving’s account with the Bank
covered by an ATM card with pin no. 00-00-01 with privilege to change the pin
number by the depositor. Hence, Jenneth changed the pin no. into 11-11-11 which
happened to be the same pin no. of Donya Buding, also a depositor of the bank. On
one occasion, Jenneth withdraw from the bank P1,000.00 and the receipt shows that
her remaining deposit balance is P1,000.000.00. So, she kept on withdrawing until

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the remaining balance is P5,000.00. Does Jenneth commits a crime ? if so, what
possible crime was committed ?

a. malicious mischief; c. robbery; e. electronic thief;

b. swindling; d. thief; f. hacking;

16. Policeman A saw X and Y were exchanging blows. When X pulled out his fun and
about to shot Y, A immediately draw his gun and shot X resulting to his instantaneous
death. Upon investigation, it turns out that it is X who is the aggressor. What possible
defense A may availed of :

a. defense of a relative; c. defense of a stranger;

b. self-defense; d. fulfillment of a duty.

17. Security Guard Mariano was assigned to secure the properties of the bank when a
man appearing with a gun tucked-in in his belt is scaling the bank’s wall. Mariano
shouted and fired a warning shot, but the man continue with his act and Mariano has
no other choice, except to shot and hit the head of the man appearing to him as a
robber. The man died and the alleged gun tucked-in in his belt is a toy gun. As
counsel of the Mariano, what possible defense would you invoke ?

a. defense of property; c. fulfillment of a duty;

b. mistake of facts; d. self-defense.

18. Max and Bruno were having a drinking session when Juan, a gay, passed by. Max
scared Juan by showing his tattoos while Bruno shows his “cock”. All were done
jokingly, but Juan was so shock that he collapsed, fell on the ground with his head
hitting the pavement and died. What proper information should be filed against the
two ?

a. malicious mischief ; c. homicide;

b. alarm and scandal; d. reckless imprudence resulting to homicide.

As counsel of the two accused, what possible defense would you invoke ?
a. lack of intent to commit so grave a wrong;
b. under the state of intoxication;
c. lack of intent to commit a crime;
d. all of the above.

19. Macario had been convicted of swindling, theft, robbery and malicious mischief.
On the last conviction, can an additional penalty be imposed against him aside from
the penalty for malicious mischief ?
a. yes, because he is considered as a recidivist ;
b. yes. because he is considered as a quasi-recidivist;
c. yes. because he is considered as a habitual delinquent;
d. yes. because he is considered as a recidivist and a habitual
delinquent.

20. Adela sold her golden bracelet she is wearing to Susana when the former losses
in a casino. Unaware that the golden bracelet was the object of robbery complaint
filed in court, Susana was apprehended by the authorities upon seeing the bracelet
she is wearing. Charged for violation of anti fencing law (PD 1612). What possible
defense could Susana invoke ?

a. good faith and for value; c. present Adela as witness;

b. absence of criminal intent; d. return the bracelet.

21. Jose bought the 1 year old Pajero of his neighbor Tomas, a known carnapper for
P100,000.00, including a fake car registration transferred to Jose. Not long after the

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sale, the long arms of the law catches Jose and charged for violation of PD 1612
(Anti-fencing law). Should he be charged as :

a. accessory; c. principal;
b. accomplice; d. witness.

22. During the coup d’ etat, soldiers were given foods by the people believing for the
worthy causes of the soldiers. Hence, soldiers loyal to the government arrested them.
What possible crime the people (supporters) be liable ?

a. aiding and comfort to the enemy of the country;

b. assistance to the renegade soldiers;
c. Treason;
d. sedition;
e. no crime committed;

23. A group of armed men formed themselves as vigilantes to change the form of the
present government into a communist form of government killed the civilians who
refuses to join them. The alledged leader of the group, commander waray-waray was
caught by the authorities and confessed to the killing of Juan Tamban and raping
Maria Malandi. What proper crime(s) should be instituted against Commander Waray-
waray ?
a. complex crime of murder with rape ;
b. complex crime of homicide with rape ;
c. complex crime of rebellion with rape ;
d. Rebellion and rape.

24. Congressman Magaling was arrested by the PNP when the victim of slapping
inflicted by the former complaint to them. The congressman demanded for his
immediate release because he wanted to attend their regular session. But the PNP
refuses until the complaint is settle between him and the victim. The congressman
hired your service to retaliate against the PNP, particularly the arresting and
detaining officers. What would be your plan ?
a. hires gun-for-hire to salvage the arresting and the detaining officer;
b. file against them a criminal case of illegal detention;
c. file against them a criminal case for violation of his parliamentary immunity;
d. file against them a criminal case.

25. Max, while being arrested by PO1 Malambot, shouted to the latter as “pisot”
‘matapang ka lang kapag naka uniporme at mi bakal, hubarin mo yan at lumaban ka
sa lalaki sa lalaki.’ Heading for the challenge, PO1 Malambot undress his uniform and
engage in a fist fight with Max. May max be liable for direct assault ?

a. no. direct assault is committed when the person to be arrested inflict injury
to
the arresting officer ho is performing his duty/function as such;
b. no. by accepting to a fist fight, PO1 Malambot divest itself of such status as
agent of a person in authority;
c. yes, if PO1 Malambot losses in the fist-fight, then arrest Max and assert his
authority as a police officer and charge Max for direct assault;
d. yes. accepting a fist-fight and removing his uniform does not divest itself of
his status as a police officer.

26. The Ampatuan brothers were charged for multiple counts of murder and detained
at Camp Bantay. Atty. Tigasin was hired as their counsel who successfully defended
them and eventually to their release from Camp Bantay while the case is on going.
The counsels for the prosecution is planning to implicate Atty. Tigasin criminally. But
for what crime Atty. Tigasin may be held liable ?

12
 a. delivering prisoners from jail;
b. aiding the prisoners to escape from jail;
c. assisting prisoners to escape from confinement;
d. no crime committed.

27. Tom complaint before the PNP that Jerry is the one who robbed his house. Hence,
the PNP arrested Jerry and locked him in jail. 2 hours later, Jerry escaped with the
assistance of a co-detainee by using a false key. Hence, the PNP is contemplating to
institute a criminal action. What possible crime would you institute against the co-
detainee ?

a. delivering a prisoner from jail;

b. aiding the prisoner to escape from jail;
c. assisting prisoner to escape from confinement;
d. evasion of sentence.
e. illegal possession of false key.

28. The Visconde massacre (People vs. Webb) is still pending before the Supreme
Court while the accessory Adiong had already been release from jail because he had
already serve the sentence. Although the case of Adiong (People vs. Adiong) is still
pending before the CA. Would you consider the release of Adiong extinguishes his
criminal liabilities ?

a. yes. one of the mode of extinguishing criminal liability is service of

sentence;
b. no. because the CA have not yet fully discharged the case of Adiong;
c. yes. the case of Adiong is separate from the case Webb;
d. no. because the principal case (Webb) is still pending before the SC.

5 year old Robert saw Aling Nena killed her step-sister 6 years old Roxanne who
carted the corpse and disappeared but telling around the barangay that Roxanne
went to her Grand parents in Saranggani Province. Robert totally forgotten the
incident but when elected as a senator, Robert revealed the incident to his parents
and to the authorities who arrested Aling Nena. Aling Nena interposed a defense of
prescription. Decide.
a. crimes punishable by death, reclusion perpetua or life imprisonment
prescribed after 20 years from date of commission;
b. Aling Nena should not be held liable due to prescription. The commission of
the crime was witnessed by Robert, a relative of the victim. Hence, prescription
commence to run from the date of execution;
c. Aling Nena should be prosecuted for the crime committed. The prescription
of the crime commence to run only at the time Robert revealed the same to his
parents and authorities.
d. Aling Nena should be prosecuted. The law provides that prescription of the
crime commence to run upon knowledge of the authorities, relatives or agent of the
victim. 5 year old Robert may not competent to be considered as relative of the
victim.

Susara withdraw P5,000.00 from the bank wherein the bank give her 5 pieces of
P1,000.00 bill. Without examining the notes/bill, she directly went to a grocery store
using the 5 notes in paying the groceries. The cashier secretly notified the in house
police that the notes/bills were fake. Hence, Susara was accosted and charged for
illegal possession of fake money. Decide.
a. Susara is not liable for the crime charged due to lack of intent to utter the
fake money;
b. Susara is liable, good faith is not a defense in illegal possession of fake
money;
c. Susara is not liable. The fake money does not originate from her, but from the
bank;
d. Susara is liable. It is not the possession in good faith but the act of uttering is
the one being punished by the law.

13
The accused was acquitted by the court from illegal possession of Shabu despite of
the testimony of the lone witness of the prosecution who was PO1 Matapat that
during the search, he discovered a sachet of shabu in the left pocket of the accused.
Decide what possible retaliatory act that the accused may institute against PO1
Matapat.
a. false testimony in court; c. illegal arrest;
b. planting of evidence; d. perjury.

What possible defense that PO1 may invoke when charged before the court ?
a. the testimony in court is privilege and therefore, can not be sued for it;
b. the testimony in court is true and its is the truth;
c. the act is proper. Based on the presumption of regularity in the performance
of duty ;
d. the act is commendable, being an officer, he is loyal to his department.

One night, PO2 Manalangin went home early and caught his wife and Terry in an
actual sexual act. Angered by the situation, he pulled his gun, shot and hit Terry, who
is on top of his wife. Unfortunately, the bullet penetrate down to his wife, causing the
instantaneous death of the two. PO2 was convicted and sentence to suffer destierro.
PO2 Manalangin is wondering whether he relly commits a crime when in fact he is
hust defending his honor ?
a. Yes. killing his wife and terry is a crime of parricide and murder which is
punishable under the RPC;
b. Yes. the act of killing a person is itself a crime punishable under the RPC;
c. No. in reality his act is in defense of his honor, hence, does not constitute as
a crime. However, due to possible vengeance from the relatives of the
victims, the court, by sentencing him for destierro, is to avoid him such.
d. No.acts punishable by destierro is not a crime.

Wang Si was caught during buy-bust operation of the PDEA and confiscated from him
100 grams of shabu. He give P100,000.00 to the PDEA chemist in order to declare it
as “Tawas” and eventually destroy them which the chemist obliquely destroy them.
Hence, Wang Si was acquitted due to absence of evidence. As counsel of the PDEA,
what possible crime the chemist may have committed. If any ? .
a. Dereliction of duty and bribery;
b. Dereliction of document in his lawful custody and bribery;
c. Dereliction of evidence in his lawful custody with bribery;
d. Dereliction of document and direct bribery;
e. Obstruction of justice and bribery.

1. Mario, credit card verifier of XY mega mall, swipes the credit card of a
customer (Margarita) to pay his Davao light bill amounting to
P50,000.00. At the end of the month, Margarita received a bill from the
provider of her credit card that she owes P50,000.00 as payment to the
Davao Light. Finally it was traced to Mario who used the said credit card.
Under the RPC, do you consider such act as a felony ?

a. yes. such act constitute thivery;

b. yes, such act constitute robbery;
c. yes, such act constitute as estafa;
d. no. such act only constitute a civil liability.

On the other hand, supposing it was a felony and Mario had been
penalized for it. May he be criminally liable under RA 8484 – illegal
possession of fake credit card ? (essay type question) NO. for lack of
intent to possess (animus posedendi)

14
2. Teban had a hated altercation with Barangay Chairman called his
attention that next time he must show respect to him as Barangay
chairman. Unhappy about such call, he draw his bolo and hacked the
Barangay Chairman who happened to be his opponent in the recent
Barangay election. Due to such incident, Teban was charged for a crime
of Direct assault and another crime of murder for the death of the
Barangay chairman. As prosecutor, resolve whether the charges are
proper ?

a. yes. its proper. Direct assault is committed because the victim is a

person in authority. And murder is proper because of the death of
the victim is a result of hacking without giving the victim the
opportunity to defend himself;
b. yes. its proper. Direct assault could stand separately because they
are crimes under different titles of the RPC;
c. no. there should only be one information because it arises from a
single impulse of Teban.
d. No. murder is absorbed by the direct assault or the direct assault is
absorbed by murder. Hence, it should considered as a complex
crime.

3. Due to differences in political affiliation. The Mayor, who belongs to

the Liberal Party, while the barangay chairman belongs to the
Nationalista party has an altercation regarding a local government
project which was opposed by the barangay chairman resulting to a
personal exchange of fist blows. Hence, each one filed a direct assault
against the other. But the prosecution could not determine who initiated
the said fight because each of them is invoking self-defense. Advice the
prosecutor what proper action he should do.

a. dismiss the complaint of both. Being in pari delicto;

b. dismiss the complaint of both. Baing a case of damnum absque
injuria;
c. admit both the case and have the parties litigate before the
court;
d. certify both the case and let the best man.

4. Jaime Tan presented to the Davao City office of the customs all the
pertinent papers for the release of his 1 container van allegedly
containing imported toys from China for sale this coming christmas. And
paid the corresponding duties. However, upon final inspection, it was
discovered that the said container van contains high valued racing cars
which is 100 times higher that its declarations. The bureau of customs is
contemplating to file criminal charge(s) against Jaime Tan.

a. smuggling;
b. falsification of commercial document;
c. falsification of private document;
d. falsification of public document;

15
5. Public school teacher Maria twisted the ear of pupil Johnny when the
latter was so noisy while the former was sleeping during the class. After
the noon dismissal, Bruno, the father of Johnny, accompanied his son and
boxed Maria for her act of twisting the ear of Johnny. The incident caused
Maria a week medication. The school administration is asking what
acceptable solution/remedy to the situation ?

a. expel Johnny from the school;

b. reprimand Johnny;
c. reprimand Bruno;
d. file a case against Bruno;

Should the school administration decided to file a case against Bruno,

what should then it be ?
a. civil case for indemnity for medical expense;
b. civil case for moral, exemplary and temperate damages;
c. criminal case of direct assault;
d. criminal case of physical injuries;

6. Finding that there is the existence of probable cause, the prosecutor

filed the necessary information before the court. However, without the
knowledged of the prosecutor, the victim and the accused agreed to
settle the issue amicably whereby the victim executed an affidavit of
desistance in exchange for a big sum of money. Hence, the prosecutor
was surprise when the defense move for the dismissal of the case due to
such desistance of the victim. As a judge, what will you do with the
motion ?

a. Dismiss the case. The court losses jurisdiction due to such

affidavit of desistance;
b. Dismiss the case. The prosecutor losses authority to prosecutes
the case;
c. Denied the motion. The affidavit is immaterial when the court
already acquired jurisdiction. Such jurisdiction continues until
fully disposed of by the court;
d. Denied the motion. the crime committed is against the state and
therefore, it is the state who should execute the affidavit of
desistance.

7. Due to non payment of the imposed P50,000.00 campaign fee by the

NPA, Max and Bruno shot and killed the newly elected barangay
chairman per order of their leader. When caught, what proper charge(s)
should be filed against them ?

a. murder; c. rebellion;
b. direct assault; d. homicide.

And why ? (essay type question) act in furtherance of their objective

which is to overthrow the duly established government.

8. Cesar is suspecting that Piolo and Gretchen (wife of Cesar) were

having a carnal relation. Hence, Cesar warned Piolo to stay away from
16
their place, otherwise, he will be liquidated. If Piolo would consult you,
what will be your advised ?

a. file a case of coercion for compelling Piolo to do an act against his

will;
b. file a case of grave threat for threatening Piolo’s life for possible
death;
c. file a case for violation of Piolo’s constitutional rights against his
liberty of abode;
d. file a petition for writ of amparo.

9. The municipality of Tambo is composed of Bawang island and Ahos

island. Mayoralty candidate Luy-a feared that Bawang island is under the
control of the incumbent re-electionist Mayor Sibuyas, Luy-a contacted
the pirates luring around the islands under the leadership of pirate
Tinedor to snatch the ballots when being transported from Bawang island
to Ahos island where the municipal government was establish. Per
agreement, the pirates executed the plan which resulted to the killing of
the police escorts and employee from the comelec and took away their
weapons. What crime the offender be liable ?

a. piracy c. murder;
b. qualified piracy; d. violation of election law.

10. Watusi pregnated his live-in partner Sukiyaki. To hide the said
prenancy, they bought a “pang palaglag” substance from an old woman
in Quiapo. However, it failed to effect, hence, a child was born premature
and immediately placed the child inside a shoe box and throw it to the
Pasig river, but rescued by a passerby. Upon authopsy, the child died due
to drowning. What possible crime the two had commited “
a. parricide; c. homicide;
b. infanticide; d. abortion.

11. Kanor is courting Kanora but to no avail. Hence, Teban suggested to

Kanor to kidnap Kanora and demand for ransom from her parents and at
the same time to rape her so that she would be forced to marry him.
Teban even prepared the plan which Kanor executed in kidnapping
Kanora successfully. However, since Kanor refuses to share an amount
from the proceeds of the ransom, Teban reported to the police the
kidnapping which irked Kanora. Kanora is contemplating to file a case of
kidnapping. May Teban be liable ?

a. No. because Taban had no participation in the commission of

kidnapping;
b. yes. because there was conspiracy. An act of one is the act of
all.
c. No. because proposal to commit a crime is not punishable
unless it is transformed into an overt act.
d. Yes. Teban is considered as a principal by inducement.

12. Wife Grechen jokingly told her husband Boy that she has a
sweetheart in the name of Abunda. Irked by what he heard, Boy slapped

17
the face of Grechen resulting to the damage of her face surgery. What
crime would you charge against the husband ?

a. violation of Violence against woman and child law;

b. violation of the RPC for Physical Injuries;
c. violation of law on marriage;
d. violation of canon law.

13. With the connivance of her paramour Lucas, Matutina prepared a

pansit mixed with a poison to kill her husband James so that Lucas and
Matutina could live happily ever after.
Upon arrival from office, Matutina served her husband the said pansit for
his merienda. While eating, James compare arrived and shared with the
pansit. Both died due to food poisoning. What would be the crime of
Lucas and Matutina ?

a. murder ;
b. parricide;
c. murder for the death of James’ compare;
d. parricide for the death of James commited by Matutina and
murder on the part of Lucas.

14. The attending midwife during the delivery of Salani, forcibly pulled
the head of the child because the mother could no longer “utong” to
push the child out from her vagina. Due to such force, the head of the
child was separated from its body. The child died. Hence, the parents
hired your expertise on the matter because you have taken your bar
review from the vinta legis review. What possible action would you
institute against the midwife ?

a. murder; d. reckless imprudence resulting in

homicide;
b. infanticide ; e. homicide;
c. medical malpractice ; f. criminal negligence.

15. While repairing the car, the mechanic accidentally touched a live wire
which resulted to a battery short circuit and totally burn the car. As car
owner who demanded for the value of the said car but refused by the
repaired shop. Would a criminal or civil action be proper in this case ?

a. Criminal action of damage to property is proper ;

b. Criminal action of reckless imprudence resultng in damaged to
property is proper ;
c. Civil action of civil negligence is proper;
d. Civil action for damages is proper to recover the value of the car.

16. If civil action is instituted against the repair shop, what will be your
defense ?
a. doctrine of fortuitous event;
b. lack of intent to commit so grave a wrong;
c. doctrine of pari delicto;
d. damnum absque injuria.

18
If criminal action is instituted, what would be your defense ?
a. preater intentionem;
b. aberratio ictus;
c. Actus mi invito non est mios actus;
d. Good faith.

17. Santos threw a lighted cigarette on the roof of the nipa hut of Ramos
due to their quarrel. The hut was burn and due to strong wind, the fire
traversed to the bungalow type residence of Aquino. On what basis
would you consider that Santos is also liable for the burning of the
bungalow house as a consequence of his act ?

a. Since Santos is liable for burning the nipa hut of Ramos, he

should also be liable for the possible consequence of his act;
b. Ramos should be held liable for the burning of the bungalow
house under the doctrine of proximate cause;
c. Ramos is not liable for the burning of the bungalow. It is the
wind that brought the fire that burn he bungalow;
d. Ramos is not liable because of lack of intent to burn the
bungalow.

18. Sensing that he has no match in a fist-to-fist fight with Tarsan, Barok
run inside his house. However, Tarsan followed him and stabbed Barok to
death inside the kitchen while holding a spoon full of rice. Would self-
defense be available on the part of Tarsan ?

a. yes. otherwise, the act of getting inside the house carries with it
the intention to kill Tarsan;
b. yes, the act of eating is to energized him in order to have a
good fight;
c. no. by running from the fight is a manifestation of cessation of
aggression;
d. no. because when Tarsan killed Barok, the latter is not in a
position to retaliate.

19. Luis was charged for 10 counts of acts of lasciviousness filed by 10

offended parties separately. To expedite the proceedings, the court
consolidated the hearing and rendered a decision of 1 year
imprisonment for each count or for a total of 10 years imprisonment.
Because this is the 1st time he commits a crime, would he be entitled to
a probation ?

a. yes. because he is not a habitual delinquent;

b. yes. because probation is granted to offender whose penalty
does not exceed 6 years imprisonment ;
c. no. because his penalty is more than than 6 years ;
d. no. because libel is not subject for probation.

20. A group of akyat-bahay gang entered the house of Digna. Thereafter,

they discovered that there are other 3 houses owned by different owners
aside from the house of Digna. So they decided to rob also the other 3
houses. When caught, the authorities filed a single information of
19
robbery against the gang. Decide whether the act of the authorities is
proper ?
a. improper. It should be a 4 separate informations because there
are 4 individuals
victimized;
b. improper. Consolidation of the crimes into one informations
negates the criminal liability to the other victims;
c. proper. There is only one intent to commit robbery. The other 3
supposed robbery were done on occasion of the robbery against Diana;
d. proper. It is within the prerogatives of the prosecutor.

21. Max lost his necklace with his name engrave therein. Upon seeing
the same around the neck of Bruno. He demanded for its return but
Bruno refuses. Hence, Max draw his pistol and told Bruno that if he will
not return it, he will kill him. Feared by the words of Max, a noted killer
for hire, he gave to Max the said necklace. Although, it was Bruno who
snatch the said necklace, he is contemplating to file a criminal action
against Max because such act cause him to loss his status as “tigasin” in
the area. What would be your action as counsel of Bruno ?

a. file a criminal action of grave threat;

b. file a criminal action of grave coercion;
c. file a criminal action of robbery with intimidation upon person;
d. file a criminal action of thief ;

22. Moises obtained a loan from Pluto. The very same money was used
by Moises in buying a tv set from an appliance store. For failure to pay
the loan despite of repeated demands. Accompanied by a policeman,
Pluto went to the house of Moises and forcibly opened the cabinet where
the said TV set was hidden and took the TV set as a payment of the loan.
A case of robbery was instituted against Pluto and implicating the
policeman.
a. the act of implicating the policeman is improper. The policeman
is present to preserve peace and order;
b. the act of implicating the policeman has no basis. the policeman
is not a party to the unlawful act;
c. the act of implicating the policeman is proper. The policeman is
an implied co-conspirator in the crime of robbery ;
d. the act of implicating the policeman is proper. Such act of
accompanying Pluto signifies an implied connivance for
consenting the act of Pluto.

23. Municipal treasurer John is afraid to bring the money collected to his
house from possible robbery. Hence, he used to have it change into
check from the businessmen around particularly during Saturdays. The
checks of the businessmen never had bounced. On one audit date, the
cash on hand of the treasurer is exactly equal to the amount collected
but composed of personal checks of the businessmen in exchange for
the actual cash collected. Since there was a personal grudge between
the auditor and the treasurer because of the latter’s refusal to exchange
the personal check of the former, the former decided to report the
incident to the office of COA. As counsel of COA, what possible action
would you institute against the treasurer, if there is any.
20
 a. Technical malversation; c. graft and corruption;
b. Malversation; d. no crime committed.

24. City ordinance creating a trust fund for the creation of a school
canteen in every school operated by the city government and requiring
all parents to contribute P100.00 per month until the required budget for
the completion of the school canteen is meet. Laura was designated as
the over-all treasurer. Instead of preserving the money collected, Laura
losses it in a casino. What proper charge(s) would you institute against
Laura ?

a. violation of the ordinance; c. Malversation;

b. estafa; d. Swindling.

25. When a student found a celphone inside the jeep he was riding, he
turn it over to a passing policeman with instruction that “ paki bigay
nalang po itong celphone sa owner”. The policeman tried to locate the
owner but to no avail. And sensing that the celphone can send message
even without any load, he decided to kept it for himself for consumption.
If former chief justices who were already in “heaven” could come down,
what possible crime they would institute against the policeman ?

a. robbery; c. estafa;
b. thief; d. swindling;

26. Items pawned which were not redeemed were foreclosed and sold at
public auction by Maligaya pawnshop. When there is no bidder, the items
were entrusted to Aling Osang for sale and return the item within 30
days if unsold. If sold Aling Osang will return the proceeds minus the 20%
commission. This is the practice of the Maligaya pawnshop and Aling
Osang for the past years. However, due to old age, Aling Osang suffered
“rayuma” and could hardly walk. So, she asked a favor from her neighbor
Aling Nenita to return the items to Maligaya pawnshop. Aling Nenita,
instead of returning the items to the pawnshop, pawned them to
Malungkot pawnshop. What proper action should be instituted by
Maligaya pawnshop against Aling Osang ?

a. violation of trust receipt law; b. estafa;

c. malversation of private fund/property c. thief ;

As a judge, will you convict or acquit Aling Osang ?

a. convict Aling Osang for failure to return the items per the trust
agreement which resulted to damage on the part of the
Maligaya pawnshop;
b. convict Aling Osang for estafa;
c. acquit Aling Osang for no crime was commited.
d. Acquit Aling Osang for it was Aling Nenita who commits the
wrongful act;

27. Lorena used to take a bath inside a bathroom full of holes. She was
aware that guys use to peep whenever she was bathing nakedly. She
does not complain because it would enticed the men to pay her higher
21
price as a prostitute. Wives of the peeping Toms complained to the
Barangay over the incident and it becomes the talk of the town about the
beautiful body of Lorena. Would it be proper to charge Lorena for :

a. Alarm and Scandal for exposing his naked body to almost of the
barangay’s men ;
b. Illegal promotion of her business of prostitution;
c. Prostitution;
d. Obscene publication;
e. No crime committed.

Supposing Lorena is aggrieved by the act of the peeping Toms who

exposed what they have seen from Lorena, would it be proper to charged
them for :

a. illegal peeping;
b. libel;
c. alarm and scandal;
d. no crime committed.

28. A married B. Later, A discovered that they were related within the 3 rd
civil degree. A married C. B aggrieved by the act of A in entering into a
second married, B also got married to D. if A and B would file charges of
bigamy against each other, would it prosper ?
a. yes. A committed bigamy when he married C because his 1 st
marriage was not yet dissolved. And likewise, when B married D, her
marriage to A was not yet dissolved;
b. yes. any subsequent marriage while the 1 st marriage is still
subsisting is considered bigamous marriage;
c. no. because of pari delicto;
d. no. because there is no marriage to talk about because their
marriage is null and void being an incestuous marriage.

29. Oh Tao, a chinaman executes an affidavit of good moral character to

support his application for Filipino naturalization which was not true
because he is a fugitive in China. When presented in court, and after
swearing that he will tell the truth and nothing but the whole, he was
made to read his affidavit of good moral character. What would be the
possible crime he may had committed ?

a. false testimony ;
b. no crime commited, it there is any, it was committed outside
the Philippine jurisdiction;
c. perjury;
d. falsification of public document .

30. While standing on board a bus, passenger Susan, at times, bumped

her boobs unto the back portion of a gay passenger which irritated the
latter and contemplating to file a criminal charges against Susan. What
would be the proper charge ?

a. acts of lasciciousness;
b. act of unjust vexation;
22
 c. act of physical injuries;
d. act of alarm and scandal;
e. No crime committed.

31. Lorna and John, both 15 years old, were sweetheart. Everytime they
goes together, they were always holding their hands and when to part,
they always kissed each other. But sad to say that the parents of Lorna is
against their relationship. So, the two decided to eloped. The parents of
Lorna filed a kidnapping of minor against John who is willing to go to jail
just to proved his faithful love to Lorna. Would you consider John guilty of
kidnapping ?

a. John is guilty of kidnapping, the voluntary act of Lorna in going

with him (eloping) does not constitute a valid consent being a
minor;
b. John is not liable for kidnapping. Under the Juvenile justice law, a
15 years old is exempt from criminal liability;
c. John is liable for kidnapping with lewd designed;
d. John is not liable. There is mutual consent if eloping.

32. Nonoy was courting Lucring but rejected because she already had a
sweetheart. Feeling offended, Nonoy, with the assistance of Boyaks,
kidnapped Lucring and brought her to a warehouse. 2 days latter, she
was brought near the crater of Taal volcano and raped by Noynoy.
Thereafter, she was pushed and fell inside the crater of the volcano with
a boiling lava. Her body could no longer be retrieved. As a prosecutor
what possible crime(s) would you file against Noynoy ?

a. kidnapping;
b. illegal detention; d. murder;
c. rape; e. all of the above.

Since the body of the victim could no longer be retrieved. Will the said
accusation prosper ?
a. it will not prosper. The corpus delicti could not be established;
b. it will not prosper. The guilt of the accused could be proven
beyond reasonable doubt;
c. it will prosper despite of the absence of the body of the victim
thru circumstantial evidence;
d. it will prosper. By utilizing Boyaks as a state witness.

33. Teban is married to Tiburcia. However, he maintained a paramour

whom they meet in a motel every week for their sexual intercourse.
What possible crime Teban may have committed, if there is any ?

a. adultery; c. violence against women;

b. concubinage; d. no crime committed.

34. When Robin was imprisoned for a crime committed, the gay prison
cell mayor, Zuseth, called him for a sexual favor inside the cell which
Robin could not refuse. Otherwise, he will be tortured. On one occasion,

23
Zuseth obligated him to insert his “cock” into the gay’s anus which Robin
do so. What crime(s) Zuseth may have committed against Robin ?

a. rape; c. acts of lasciviousness;

b. grave threat; d. grave coercion.

35. A, B, C and D were having a drinking spree at Kulas beer house.

Unfortunately, their monies were not sufficient to pay their bill. So,
armed with balisong, they went out and hold-up a passing taxicab and
rob his earning in order to pay their bill. Mang Kulas reported to the
authorities about the non-payment of the bill when they went out from
the beer house. Hence, the policemen apprehended A, B, C, and D. what
possible crime would you institute for robbing the taxicab.

a. estafa and highway robbery; c. estafa and thief;

b. estafa and robbery; d. estafa and
malicious mischief.

36. The truth commission reported to President Noynoy that they

uncovered a behest loan obtained in 1975 during the Marcos presidency
implicating the former first Lady. As an adviser on legal matters, would
you suggest the dropping or pursuing the case ?
a. dropped the case because of prescription;
b. dropped the case. All the parties may no longer be existing;
c. pursue the case. It is at the time of discovery when prescription
commence to run
and not from the time of commission;
d. pursue the case. The death of the offenders is immaterial
because the victim is the
government.

37. Basilio married Sisa. Sisa went to Saudi Arabia. Convert herself into
Islam and married Crispin, an OFW, in Saudi. After the end of their
contract, the two decided to return to the Philippines and resided in
Bohol. It was in Bohol that Crispin learned that Sisa is already married to
Basilio but he could not leave Sisa as she is already 5 months pregnant.
Upon knowing their return, what possible crime Basilio may file against
them ?

a. bigamy; c. adultery; e. no crime

committed.
b. concubinage; d. acts of lasciviousness.

Who should then be considered as the father of the 5 months old foetus
?
a. Basilio b. crispin

38. Salcedo had a sexual intercourse with a 30 years old special child,
Margie, whose mentality is like of an 8 year old child. Margie seems to be
enjoying the act and even ask for another round. What possible crime
may Salcedo have committed ?

24
 a. acts of lasciviousness; c. qualified rape; e. raped
with consent.
b. rape; d. statutory rape.

39. Rosalinda invest her P100,000.00 in a money placement for 30 days

which would earned an interest of P15,000.00. The president of the
Masuerte money placement and finance Corporation issued a check
worth P115,000.00 posted for 30 days as the return and the supposed
income of Rosalind. When matured, the check bounced when deposited.
What possible criminal liability may be instituted against the Drawer ?

a. estafa c. violation of BP 22;

b. falsification of private document; d. estafa and violation of BP
22.

40. Upon his retirement from the government service, Macario’s past
time is to follow young girls until such time that he could touch either
their legs, hips, boobs or kiss them. On one occasion, a young girl
shouted when Macario touches her boobs. When arrested, what possible
crime should be charged against him ?

a. acts of lasciviousness; c. alarm and scandal;

b. other acts of child abuse; d. unjust vexation.

41. Pregnant Linda approached childless couple Mario and Maria wherein
the parties agreed that when Linda enter the hospital for delivery, she
would register herself as Maria married to Mario and that the hospital
bills shall be paid by the couple in exchange for the child. The birth
certificate of the child appears that his parents were Mario and Maria.
The child was baptized as Tiburcio. 50 years later, Tiburcio became the
President of the Philippines and would it be possible for Linda to claim
back her child ?

a. yes. by filing a petition for habeas corpus;

b. yes. by filling a criminal case against the couple for simulation
of birth;
c. no. the crime, if there is any, already prescribed. The maximum
prescriptive period is 20 years;
d. no. he who comes to court must come with a clean hands.

42. The meat inspector of Manila City arrested a market vendor for
selling a double dead pork. The vendor ask for forgiveness because he is
not aware that the said meat is from a double dead pig. Decide whether
the vendor should be charged for violation of the city ordinance
prohibiting the selling of double dead pork ?

a. the vendor should be released for absence of knowledge that

the said meat comes from a dead pig;
b. the should be released due to lack of criminal intent to
possession and sell double dead pork;
c. the vendor should be charged because as a vendor he ought to
know the nature of the pork his is selling;
25
 d. the vendor should be charged as an accessory to the violation of
the ordinance.

43. Seeing that his corn (plant) is being eaten by the carabao of Teban,
Goliath got a ripple and shot the carabao hitting its forehead and
instantaneously died. Not satisfied, he butchered the carabao, sold its
meat and bring home some for consumption. Teban reported the incident
to the authorities and arrested Goliath. Now, the authorities is
contemplating to file an action against Goliath. If it is a civil action, for
what ?

a. civil action for recovery of damages;

b. civil action for indemnification;
c. civil action for moral and actual damages;
d. civil action for restitution.

If it is a criminal action, for what ?

a. malicious mischief; c. cattle rustling;
b. damaged to property; d. illegal butchering.

44. Tomas regretted for legally adopting Santino who happen to be the
son of a rascal. Considering that the adopter could no longer file a
petition to cancel the adoption, Tomas decided to place the 5 year old
Santino inside a jute sack, tied it and throw it into the ocean where the
big fishes feasted on it. What crime would you file against Tomas ?

a. homicide; c. parricide; e. criminal

negligence.
b. murder; d. reckless imprudence resulting to homicide;

45. On board a bachelor bus from Ecoland terminal bound for Butuan
City. When the bus stopped at Tagum terminal, Passenger Max handed a
P100.00 peso bill to vendor Soraida for a bottle of water costing P10.00.
Due to lack of available change, Soraida have to look for a co-vendor for
a change and the bus commence to run leaving behind the supposed
change. Was there a crime committed by Soraida who has the change in
her possession ?

a. yes. for failure to give the change, she committed estafa;

b. yes. for failure to give the change, she committed thief;
c. no. for lack of criminal intent;
d. no. for lack of intent to commit so grave a wrong.

46. The office of the COA assigned a celphone to each auditor for
reporting and communication. Auditor Belen was one of the recipient.
During her audit examination, she was so buzy that she forgot the
celphone on top of the table which was taken by their janitor Roman and
sold it to a bystander Loloy for P100.00.

26
In the case of Auditor Belen, what possible crime would be attributable to
her :
a. culpable negligence;
b. reckless imprudence resulting in thief;
c. malversation resulting from negligence;
d. technical malversation.

In the case of the Janitor Roman, what possible crime would be

attributable to him :

a. thief ; c. malicious mischief;

b. violation of anti-fencing law ; d. unjust enrichment.

In the case of the bystander, what possible crime would be attributable

to him :
a. illegal possession of celphone; c. violation of anti-fencing
law;
b. fencing; d. thief.

47. Maria was pregnated by Juan. However, Juan refuses to marry her.
Hence, Macario, the brother of Maria, hunted Juan and finally cornered
him in Matina Beach. Abducted Juan and brought to Cotabato City. Still
Juan refuses to marry Maria on the ground that he was not the father of
the foetus. No other choice but Macario killed Juan to save their face.
When charged for kidnapping with murder, what mitigating circumstance
Macario may invoke ?

a. lack of intent to commit so grave a wrong; c. defense of an

honor;
b. vindication of a wrong; d. defense of a
relative.

48. Senator Layasin was charged for kidnapping and killing a prominent
person and his driver. Sensing that he could not get a fair trial, he
decided to escape from justice and hide under the protection of a fellow
senator, Maconat. Unfortunately, Senator Layasin was caught and what
possible crime the DOJ may institute against Senator Maconat ?

a. accessory; c. principal;
b. accomplice; d. obstruction of justice.

49. The Armed forces of Timbukto arrested suspected rebel’s group while
they are conducting medical training for the assistance of their injured
comrads-in-arms. However, the President of the Republic of Timbukto
decided to release them. Supposing their laws are similar to the laws of
the Philippines, what possible action may be instituted against the
President, if any.

a. impeachment; b. culpable violation of the

constitution;
c. betrayal of trust; d. other high crime.

27
50. Laila married to Vic. Their union got sour when Vic got a mistress
Vicky. Practically the earnings of Vic goes to the mistress. Hence, Laila
have to work for the support of her family. Aside from that, threat against
life has been received from Vicky. As a good neighbor, what advice would
you share to Laila ?

a. report the matter to the Barangay and seek for barangay

protection order ;
b. file a petition for writ of amparo before the RTC;
c. file a concubinage case against Vic and Vicky;
d. seek protection from the DOJ for protection order.

51. Roxanne deposited P300,000.00 in the morning and before the bank
closes, she again deposited another P250,000.00. The bank was quite
amazed of the huge amount of deposits made considering that Roxanne
is an ordinary market vendor. As a bank, what possible action would you
do on this matter ?

a. refuse the deposits for being of doubtful source;

b. report the matter to the Anti-money laundering council ;
c. conduct an investigation as the source of money deposited;
d. perform a lifestyle check on Roxanne.

52. The participant of the BIR personnel management seminar were

awaken when the resource person Tirador says that “ almost all of the
personnels of the BIR are corrupt, if not swindlers”. The following day,
they filed a libel case against the speaker. Decide.

a. such words implicates to destroy the good images of the

bureau;
b. the words spoken is libelous to the personnels;
c. it has no implication, just to awaken the spirit of the
participants;
d. it bears no criminal intent. It merely renders an opinion.

53. During the buy-bust operation, Tang An was apprehended by the

PDEA. Evidence of shabu was properly identified in the presence of the
Barangay chairman and his councilors. It was turn-over to their
laboratory for examination. The chemist interchanged it with the shabu
confiscated from Ang si, although of the same quantity. As a judge,
knowing what happened in the custody of the Chemist, would you acquit
Tang An and Ang si ?

a. no. because of the same quantity;

b. no. because the truth is that they were arrested due to
possession of illegal drugs;
c. yes. due to failure to observe the chain of custody rule;
d. yes. the evidence presented in court are considered planted
evidence, being not the real shabu confiscated from them.

54. Market vendor Susan deposited with the PNB Agdao branch,
P300,000.00 and on the later hour of the same day, she deposited again
28
P250,000.00 with PNB, San Pedro, but on her different accounts. May she
be a proper target of Anti-money laundering council investigation ?

a. yes. because she exceeded the P500,000.00 deposits in one

banking day.
b. Yes. because of her status as a market vendor which creates a
doubt as to the source of the money.
c. No. because of the bank secrecy law;
d. No. it is exempt from the AMLAC investigation being deposited in
different account.

55. Lucio and Maria agreed to allow Lucio having sexual intercourse with
Maria’s 13 year old daughter, Ignacia. What would be the possible
participation of Maria in the rape case ?

a. yes, the agreement present an express conspiracy to rape;

b. yes, the agreement being for a price makes Maria a principal
by inducement;
c. no. Maria did not participate in the commission of the rape;
d. no. but Maria is considered as an accessory to the crime of
rape.

56. Rustom and Claudine were sweetheart since 1990. However, in 2010
when Rustom became diabetic, Claudine broke their relationship with
objection from Rustom. Since Rustom wanted to patch up their
relationship, Rustom sent a naked photo image of Claudine thru
celphone. Disturbed by the message, she consulted you for proper action
against Rustom. Decide.

a. file a case of harassment ;

b. file a case of libel ;
c. file a case of electronic evidence;
d. file a case of violation of women and child.

57. OFW Gatdula Magpantay purchased an ingram pistol in Israel and

brought it to Dubai. Such places does not requires license to possess.
When about to board the PAL flight to the Philippines, the Dubai Police
confiscated the said pistol, however, due to good explanation in English
which the Dubai authorities could not understand, the pistol was
entrusted to the captain of the PAL who loaded it in the plane’s cockpit.
Upon arrival in Manila, Gatdula signed the plane manifesto one (1)
ingram gun as his baggage. Due to absence of such document, the gun
was confiscated and charged Gatdula for :

a. illegal possession of firearm; c. illegal shipment of

weapon;
b. illegal importation of firearm; d. illegal trafficking.

As counsel of the DOJ, what possible reason(s) would you invoke against
Gatdula ?
a. Gatdula is liable. The gun is considered as in his position when
loaded at the plane;

29
 b. Gatdula is liable. the loading of the gun in the PAL plane is
considered as extension of the Philippine territory. Hence, the
crime is committed within the Philippines jurisdiction;
c. Gatdula is not liable. the acquisition of the gun was committed
outside the Philippine territory. And territory is a jurisdictional
requirement for the criminal action to prosper;
d. Gatdula is not liable. the crime of illegal possession was
committed in Dubai and
therefore, outside the Philippine territory.

58. The father used to “himas-himas’ his 15 years old daughter and
during the night, he had sexual intercourse with her. When convicted, the
father appealed the RTC decision. It was during the appeal that the
father died. What is the effect of such death towards the civil liability ?

a. the civil liability is enforceable. Having been decided by the RTC;

b. the civil liability is extinguish by reason of death;
c. the civil liability is dismissed;
d. the civil liability still exist. The death only extinguish the criminal
liability.

59. The land owner, thru force, threat and intimidation, signed a deed of
sale of his land in favor of Don Pepot. What possible criminal action may
instituted against Don Pepot ?

a. robbery c. grave threat;

b. thief; d. grave coercion.

60. Abdul married to Grace. Abdul had a paramour 17 years old Malou.
There are times that Abdul and Malou had sexual intercourse. What
crime Abdul may have committed against Malou ?
a. child abuse; c. rape with consent;
b. sexual abuse; d. concubinage.

61. It was during the honeymoon night of the newly wed couple Johnny
and Susan that Johnny felt that a person is peeping them thru a hole.
Hence, he decided to urinate unto to hole and a person shouted ouch
because of the heavy uric acid, the person was blinded. It turns out that
the peeping tom is Abdul. What possible felony Abdul may have
committed ?

a. illegal peeping; c. unjust enrichment;

b. obstruction of justice; d. no crime committed.

On the part of Johnny, what possible felony may have committed ?

a. aberratio ictus; c. impossible crime; e. no crime

committed.
b. error en personae; d. illegal urinating;

62. Farmer Tiburcio found a bag dropped from a passing airplane

containing $1,100,000.00. Afraid of being robbed or discovered, he
30
deposited the same in a Bank. Thru enough, the said money is the
grease money for the ZTE deal. Hence, the supposed person intended for
it demanded for its return from Tiburcio who refuses. Hence, they filed a
plunder case against Tiburcio. Decide.

A. the plunder case will not prosper. The crime of plunder is

committed by any public officer;
B. the plunder case will not prosper. Tiburcio is not a party to that
ZTE deal;
C. the plunder case will prosper. Because the money amassed is
more than P50,000.000.00 ;
D. the plunder will prosper. Plunder may also be committed by a
private person just like Tiburcio.

63. Makarami, a pure blooded unschooled bilaan, was caught planting

marijuana by the PDEA on his ancestral land. The marijuana is being sold
in the low land market who supplied him with the seeds. The PDEA is
consulting you whether the ancestral land where the marijuana was
planted be escheated in favor of the state ?

a. no. ancestral lands/domains are preserve for the

indigenous people and therefore exempt from escheating;
b. no. ancestral land/domains has been owned by the
indigenous people since time immemorial;
c. yes. for no one is above the law;
d. no comment.

64. Sazon, a DENR employee, upon seeing logs inside the compound of R
Shipyard
demanded a receipt for it. Due to failure to present the corresponding paper
Sazon demanded P100,000.00 from RR Shipyard otherwise, the manag
would be arrested and the logs be confiscated. What crime could have bee
committed by Sazon ?

a. Robbery extortion; c. grave coercion; e. qualified briber

b. Thief extortion; d. bribery;

65. Makoy opened a number account with the Oro Bank. Lately, RA 9160
which prohibits the numbered or anonymous account in banks was
passed. So, the bank is asking your opinion whether the number account
of Makoy be allowed to continue or closed ?

a. the numbered account should continue. It was created prior to

the enactment of RA 9160. Otherwise, RA 9160 would be
considered as an ex-post facto law;
b. the numbered account should be allowed based on priority in
time, priority in right;
c. the numbered account should be closed. The intention of RA
9160 would be defeated if not applied;

31
 d. the numbered account should be closed. The intention is to
protect the public from possible anomalous banking transactions.

66. Filipino Michelle and German Von Stoki live together without the
benefit of marriage in Cebu City and a child was born. When the child is
already 1 year old, Von Stoki disappeared with the child and no where to
be found. The latest information is that Von Stoki and the child is in
Germany. What possible action would Michelle institute against Von Stoki
?
a. kidnapping; c. writ of amparo; e. writ of
habeas corpus
b. illegal detention. d. child abuse;

67. The horse of AA was standing quietly under the shade of a mango
tree when BB makes a fun of it by pinching its bulls (eggs). Hence, the
horse reacted by kicking which hit BB, resulting to his serious physical
injuries. May BB ask for indemnification from AA based on :

a. damnum absque injuria; c. aberration ictus;

b. prater intentionem; d. impossible crime;
e. nullum crimen nulla poena sine lege.

MCQ – mercantile

The newly elected President of the Philippines appointed his friend X for
a managerial position in the PNB. During their schools days in Wanbol
University taking automotive course, the President is assured by X that
he will allows the former to copy in every examination. Hence, as a
gesture of paying the good favor extended to him. Upon discovery by the
Central Bank, it orders the dismissal of X. as counsel of the Central bank,
what would be the basis of his removal ?

a. lack of experience in banking as shown by his credential;

b. fit and proper rule;
c. qualification standard rule.
d. Midnight appointment rule.

Cocoy Romualdez was charged before the ombudsman for violation of RA

3016 committed during the Marcos regime. Decide whether Coycoy be
held liable ?
a. Yes, violation of RA 3019 is committed against the state and
therefore imprescriptible;
b. Yes. he have to return the money amessed to the government;
c. No. due to prescription;
d. No. due to in action since 1986.

48. Senator Layasin was charged for kidnapping and killing a prominent person
and his driver. Sensing that he could not get a fair trial, he decided to escape
from justice and hide under the protection of a fellow senator, Maconat.

32
Unfortunately, Senator Layasin was caught and what possible crime the DOJ may
institute against Senator Maconat ?

a. accessory; c. principal;
b. accomplice; d. obstruction of justice.

49. The Armed forces of Timbukto arrested suspected rebel’s group while they
are conducting medical training for the assistance of their injured comrads-in-
arms. However, the President of the Republic of Timbukto decided to release
them. Supposing their laws are similar to the laws of the Philippines, what
possible action may be instituted against the President, if any.

a. impeachment; b. culpable violation of the

constitution;
c. betrayal of trust; d. other high crime.

50. Laila married to Vic. Their union got sour when Vic got a mistress Vicky.
Practically the earnings of Vic goes to the mistress. Hence, Laila have to work for
the support of her family. Aside from that, threat against life has been received
from Vicky. As a good neighbor, what advice would you share to Laila ?

a. report the matter to the Barangay and seek for barangay protection
order ;
b. file a petition for writ of amparo before the RTC;
c. file a concubinage case against Vic and Vicky;
d. seek protection from the DOJ for protection order.

51. Roxanne deposited P300,000.00 in the morning and before the bank closes,
she again deposited another P250,000.00. the bank was quite amazed of the
huge amount of deposits made considering that Roxanne is an ordinary market
vendor. As a bank, what possible action would you do on this matter ?

a. refuse the deposits for being of doubtful source;

b. report the matter to the Anti-money laundering council ;
c. conduct an investigation as the source of money deposited;
d. perform a lifestyle check on Roxanne.

52. The participant of the BIR personnel management seminar were awaken
when the resource person Tirador says that “ almost all of the personnels of the
BIR are corrupt, if not swindlers”. The following day, they filed a libel case against
the speaker. Decide.

a. such words implicates to destroy the good images of the bureau;

b. the words spoken is libelous to the personnels;

c. it has no implication, just to awaken the spirit of the participants;

d. it bears no criminal intent. It merely renders an opinion.

53. During the buy-bust operation, Tang An was apprehended by the PDEA.
Evidence of shabu was properly identified in the presence of the Barangay
chairman and his councilors. It was turn-over to their laboratory for examination.
The chemist interchanged it with the shabu confiscated from Ang si, although of
the same quantity. As a judge, knowing what happened in the custody of the
Chemist, would you acquit Tang An and Ang si ?

a. no. because of the same quantity;

b. no. because the truth is that they were arrested due to possession of
illegal drugs;
c. yes. due to failure to observe the chain of custody rule;

33
 d. yes. the evidence presented in court are considered planted
evidence, being not the real shabu confiscated from them.

54. Market vendor Susan deposited with the PNB Agdao branch, P300,000.00 and
on the later hour of the same day, she deposited again P250,000.00 with PNB,
San Pedro, but on her different accounts. May she be a proper target of Anti-
money laundering council investigation ?
a. yes. because she exceeded the P500,000.00 deposits in one banking
day.
b. Yes. because of her status as a market vendor which creates a doubt as
to the source of the money.
c. No. because of the bank secrecy law;
d. No. it is exempt from the AMLAC investigation being deposited in
different account.

55. Lucio and Maria agreed to allow Lucio having sexual intercourse with Maria’s
13 year old daughter, Ignacia. What would be the possible participation of Maria
in the rape case ?

a. yes, the agreement present an express conspiracy to rape;

b. yes, the agreement being for a price makes Maria a principal by
inducement;
c. no. Maria did not participate in the commission of the rape;
d. no. but Maria is considered as an accessory to the crime of rape.

56. Rustom and Claudine were sweetheart since 1990. However, in 2010 when
Rustom became diabetic, Claudine broke their relationship with objection from
Rustom. Since Rustom wanted to patch up their relationship, Rustom sent a
naked photo image of Claudine thru celphone. Disturbed by the message, she
consulted you for proper action against Rustom. Decide.

a. file a case of harassment ;

b. file a case of libel ;

c. file a case of electronic evidence;

d. file a case of violation of women and child.

57. OFW Gatdula Magpantay purchased an ingram pistol in Israel and brought it
to Dubai. Such places does not requires license to possess. When about to board
the PAL flight to the Philippines, the Dubai Police confiscated the said pistol,
however, due to good explanation in English which the Dubai authorities could
not understand, the pistol was entrusted to the captain of the PAL who loaded it
in the plane’s cockpit. Upon arrival in Manila, Gatdula signed the plane manifesto
one (1) ingram gun as his baggage. Due to absence of such document, the gun
was confiscated and charged Gatdula for :

a. illegal possession of firearm; c. illegal shipment of weapon;

b. illegal importation of firearm; d. illegal trafficking.

As counsel of the DOJ, what possible reason(s) would you invoke against
Gatdula ?
a. Gatdula is liable. The gun is considered as in his position when loaded at
the plane;
b. Gatdula is liable. the loading of the gun in the PAL plane is considered
as extension of the Philippine territory. Hence, the crime is committed
within the Philippines jurisdiction;

34
 c. Gatdula is not liable. the acquisition of the gun was committed outside
the Philippine territory. And territory is a jurisdictional requirement for
the criminal action to prosper;
d. Gatdula is not liable. the crime of illegal possession was committed in
Dubai and
therefore, outside the Philippine territory.

58. The father used to “himas-himas’ his 15 years old daughter and during the
night, he had sexual intercourse with her. When convicted, the father appealed
the RTC decision. It was during the appeal that the father died. What is the effect
of such death towards the civil liability ?
a. the civil liability is enforceable. Having been decided by the RTC;
b. the civil liability is extinguish by reason of death;
c. the civil liability is dismissed;
d. the civil liability still exist. The death only extinguish the criminal liability.

59. The land owner, thru force, threat and intimidation, signed a deed of sale of
his land in favor of Don Pepot. What possible criminal action may instituted
against don Pepot “
a. robbery c. grave threat;
b. thief; d. grave threat

60. Abdul married to Grace. Abdul had a paramour 17 years old Malou. There are
times that Abdul and Malou had sexual intercourse. What crime Abdul may have
committed against Malou ?
a. child abuse; c. rape with consent;
b. sexual abuse; d. concubinage.

61. It was during the honeymoon night of the newly wed couple Johnny and
Susan that Johnny felt that a person is peeping them thru a hole. Hence, he
decided to urinate unto to hole and a person shouted ouch because of the heavy
uric acid, the person was blinded. It turns out that the peeping tom is Abdul.
What possible felony Abdul may have committed ?

a. illegal peeping; c. unjust enrichment;

b. obstruction of justice; d. no crime committed.

On the part of Johnny, what possible felony may have committed ?

a. aberratio ictus; c. impossible crime; e. no crime

committed.
b. error en personae; d. illegal urinating;

62. Farmer Tiburcio found a bag dropped from a passing airplane containing
$1,100,000.00. Afraid of being robbed or discovered, he deposited the same in a
Bank. Thru enough, the said money is the grease money for the ZTE deal. Hence,
the supposed person intended for it demanded for its return from Tiburcio who
refuses. Hence, they filed a plunder case against Tiburcio. Decide.

A. the plunder case will not prosper. The crime of plunder is committed
by any public officer;
B. the plunder case will not prosper. Tiburcio is not a party to that ZTE
deal;
C. the plunder case will prosper. Because the money amassed is more
than P50,000.000.00 ;
D. the plunder will prosper. Plunder may also be committed by a private
person just like Tiburcio.

35
63. Makarami, a pure blooded unschooled bilaan, was caught planting marijuana
by the PDEA on his ancestral land. The marijuana is being sold in the low land
market who supplied him with the seeds. The PDEA is consulting you whether the
ancestral land where the marijuana was planted be escheated in favor of the
state ?

e. no. ancestral lands/domains are preserve for the indigenous

people and therefore exempt from escheating;
f. no. ancestral land/domains has been owned by the indigenous
people since time immemorial;
g. yes. for no one is above the law;
h. no comment.

64. Sazon, a DENR employee, upon seeing logs inside the compound of RR
Shipyard
demanded a receipt for it. Due to failure to present the corresponding papers,
Sazon demanded P100,000.00 from RR Shipyard otherwise, the manager would
be arrested and the logs be confiscated. What crime could have been committed
by Sazon ?

a. Robbery extortion; c. grave coercion; e. qualified bribery

b. Thief extortion; d. bribery;

65. Makoy opened a number account with the Oro Bank. Lately, RA 9160 which
prohibits the numbered or anonymous account in banks was passed. So, the bank
is asking your opinion whether the number account of Makoy be allowed to
continue or closed ?

a. the numbered account should continue. It was created prior to the

enactment of RA 9160. Otherwise, RA 9160 would be considered as an
ex-post facto law;
b. the numbered account should be allowed based on priority in time,
priority in right;
c. the numbered account should be closed. The intention of RA 9160 would
be defeated if not applied;
d. the numbered account should be closed. The intention is to protect the
public from possible anomalous banking transactions.

66. Filipino Michelle and German Von Stoki live together without the benefit of
marriage in Cebu City and a child was born. When the child is already 1 year old,
Von Stoki disappeared with the child and no where to be found. The latest
information is that Von Stoki and the child is in Germany. What possible action
would Michelle institute against Von Stoki ?

a. kidnapping; c. writ of amparo; e. writ of habeas

corpus
b. illegal detention. d. child abuse;

67. Cocoy Romualdez was charged before the ombudsman for violation of RA
3016 committed during the Marcos regime. Decide whether Coycoy be held
liable ?
a. Yes, violation of RA 3019 is committed against the state and
therefore imprescriptible;
b. Yes. he have to return the money amessed to the government;
c. No. due to prescription;
d. No. due to in action since 1986.

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68. For whatever reason, the car of Johnny was intentionally bumped at its rear
by the car of Susan. The crime committed should be :
a. damages to property b. malicious mischief c. reckless imprudence
resulting to damages. d. intentional felony

Sy vs. People GR#183879 April 14, 2010 Criminal Law

Facts : Sy recruited Navarro for deployment to Taiwan and having paid P120,000.00 placement
fee. Navarro even participated in the processing of her papers but to no avail. Hence, Navarro
demanded the return of the P120,000.00 which Sy failed to do so.

Issue : Whether Sy could be simultaneously charged for Illegal recruitment and estafa under RPC
Art. 315(2a) which
arises from a single act ? YES

Issue : whether acquittal in either case be a ground for acquittal in the other case ? NO

Held : Illegal recruitment and estafa cases may be filed simultaneously or separately. The filing of
charges for illegal recruitment does not bar the filing of estafa, and vice versa. Sy’s acquittal in
the illegal recruitment case does not prove that she is not guilty of estafa. Illegal recruitment and
estafa are entirely different offenses and neither one necessarily includes or is necessarily
included in the other.

People vs. Billaber 465 Phil 726 (2004)

A person who is convicted of illegal recruitment may, in addition, be convicted of estafa under
Article 315, parag. 2(a) of the RPC. In the same manner, a person acquitted of illegal recruitment
may be held liable for estafa. Double jeopardy will not set in because illegal recruitment is malum
prohibitum, in which there is no necessity to prove criminal intent, whereas estafa is malum in se,
in the prosecution of which, proof of criminal intent is necessary.

Held : Swindling or estafa is punishable under Article 315 of the RPC. There are three ways of
committing estafa :
(1) with unfaithfulness or abuse of confidence;
(2) by means of false pretenses or fraudulent acts; or
(3) through fraudulent means.

The three ways of committing estafa may be reduced to two :

(1) by means of abuse of confidence; or
(2) by means of deceit.

The elements of estafa are :

(a) that an accused defrauded another by abuse of confidence, or by means of deceit; and
(b) that damage is caused on the offended party or third person.

The act complained of in the instant case is penalized under Article 315, paragraph 2(a) of the
RPC, wherein estafa is committed by any person who shall defraud another by false pretenses or
fraudulent acts executed prior to or simultaneously with the commission of the fraud. It is
committed by using :
fictitious name, or by pretending to possess power or influence, qualifications, property, credit,
agency, business or imaginary transactions, or by means of other similar deceits.

People vs. Temporada 574 SCRA 258 December 17, 2008

The addition of one year imprisonment for each additional P10,000.00, in excess of P22,000.00,
is the incremental penalty. The incremental penalty rule is a mathematical formula for
computing the penalty to be actually imposed using the prescribed penalty as the starting point.
This special rule is applicable in estafa and in theft.

People vs. Cruz GR#168446 September 18, 2009 Criminal Law

Facts : Atty. Soriano boarded the Jeep after being assured that one the passenger is the
compare of his trusted farm caretaker. However, when on board, he was made to surrender his
valuables after being poked with a knife on his neck inside the jeep and brought to a secluded
place.

Issue : whether there was kidnapping ?

Held : People v. Santos 283 SCRA 443 … the fact that the victim voluntarily went with the accused
did not remove the element of deprivation of liberty, because the victim went with the accused on
a false inducement without which the victim would not have done so.

Issue : whether the offender be criminally liable for robbery ? YES

Concept of conspiracy or “the darling of the modern prosecutor’s nursery.”

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General rule : The conspirators shall be held equally liable for the crime, because in a conspiracy
the act of one is the act of all.

in United States v. Peoni …“that nobody is liable in conspiracy except for the fair import of the
concerted purpose or agreement as he understood it; If later comers change that, he is not liable
for the change; his liability is limited to the common purpose while he remains in it.”

in United States v. Crimms …while conspirators are responsible for consequent acts growing out
of the common design they are not for independent acts growing out of the particular acts of
individuals.

Issue : whether offender be liable for kidnapping and serious illegal detention ? YES
Issue : whether Atty. Soriano was kidnapped when he voluntarily goes with the offenders ?
Held : Although Atty. Soriano boarded the vehicle without any protestation, he was under the
impression that the said persons inside the same vehicle were to be trusted as he was assured by
appellant Agustin about that matter. Without such assurance, the victim would not have boarded
the said vehicle. Moreover, it is important to emphasize that, in kidnapping, the victim need not
be taken by the accused forcibly or against his will. What is controlling is the act of the accused in
detaining the victim against his or her will after the offender is able to take the victim in his
custody.

People vs Deduyo GR#138456 October 23 , 2003… the carrying away of the victim in the crime of
kidnapping and
Serious illegal detention can either be made
forcibly or fraudulently.

People vs. Reyes 178300 March 27, 2009

RA 9346 took effect on June 24, 2006, prohibits the imposition of death penalty. In accordance
with Sections 2 and 3 thereof, the penalty that should be meted out to the accused is reclusion
perpetua without the possibility of parole.

People vs. Algarme GR#175978 February 12, 2009 Criminal Law

Facts : Algarme took away the earnings and decided to kill the victim tricycle driver.
Issue : Whether the accused be liable for complex crime of Robbery with homicide ? NO
Held : The act of killing was not related to the robbery. Therefore, 2 separates crime were
committed. Theft and homicide

Note : No law or police regulation requires a police line up for proper identification in every case.

A special complex crime of robbery with homicide takes place when a homicide is committed
either by reason, or on the occasion, of the robbery.

Elements to sustain a conviction for robbery with homicide,

(1) the taking of personal property belonging to another;
(2) with intent to gain;
(3) with the use of violence or intimidation against a person; and
(4) on the occasion or by reason of the robbery, the crime of homicide, as used in its
generic sense, was
committed.

People v. Salazar 227 scra 67…the Court expounded on the concept of robbery with homicide
under Article 294(1) of the RPC

if the original criminal design does not comprehend robbery, but robbery follows the
homicide as an afterthought or as a minor incident of the homicide, the criminal acts
should be viewed as constitutive of two offenses and not of a single complex offense.
Robbery with homicide arises only when there is a direct relation, an intimate
connection, between the robbery and the killing, even if the killing is prior to,
concurrent with, or subsequent to the robbery.

People vs. Concepcion GR#131477 April 21, 2001…where the accused did kill and unlawfully take
the personal property of the victim, but the original criminal design to commit robbery was not
duly proven – the accused should be held liable for the separate crimes of homicide or murder (as
the case may be) and theft, and not for the special complex crime of robbery with homicide.

Briones vs. People GR#156009 June 5, 2009 Criminal Law

Facts : SG Molina lost his service pistol while he was pacifying the group of Briones and charged
Briones for
divesting him of such firearm.
Issue : whether the crime committed is robbery or theft ?
Held : The crime committed was theft.

Concept of robbery vs. theft

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Elements of robbery :
(1) the taking of personal property be committed with violence or intimidation against
persons;
(2) the property taken belongs to another; and
(3) the taking be done with animo lucrandi.

Elements of theft are:

(1) that there be taking of personal property;
(2) that said property belongs to another;
(3) that the taking be done with intent to gain;
(4) that the taking be done without the consent of the owner; and
(5) that the taking be accomplished without the use of violence against or intimidation of
persons or force upon things.

The distinguishing element between the crimes of robbery and theft is the use of violence or
intimidation as a means of taking the property belonging to another; the element is present in the
crime of robbery and absent in the crime of theft.

Criminal : Arturo boarded a jeepney upon assurance by his compare that the other passengers on
board were good people. Only to discover that the same passengers poked a knife on his neck
and divested him of all his personal belongings and left abandoned after 3 days of “captivity” in
an isolated house.
a. whether there was kidnapping committed ?
b. whether there was conspiracy between his compare and the alleged passengers ?
c. whether the act of driver following the instructions of the passengers a ground to
implead him in the charge sheet ?

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