Samplexes used include:

● 2012 Midterms Q: May an alien residing in the Philippines commit misprision

● 2013 Finals of treason?
● 2015 Finals
● 2015 Supplemental Exam A: No, unlike treason, misprision of treason cannot be
● 2016 Finals committed by resident aliens.
● 2018 Finals
Q: May a non-resident Filipino commit the crime of misprision
Samplexes with questionable answers and those without are of treason abroad and be punished in the Philippines for the
not included. same?

Thank you for your patience. A: No, because this crime can only be committed by Filipinos
who reside in the Philippines.
____________________________________________
Q: Filipino citizen who, adhering to a foreign enemy in time of
war "involving Mile Philippines, sends such enemy letters
Title 1 Crimes against national security and the law of containing useful information on the deployment of Philippine
the nations troops, intending thereby to aid the enemy,

Q: Foreign Country X is planning to invade the Philippines one A: Commits treason, punishable under Art. 114, RPC, by
year from now. A group of Filipinos, in sympathy with that reclusion perpetua to death
country, has been sending financial support to Foreign
Country X. In addition, those Filipinos, together with others, Q: A City Mayor who publicly burns a Singaporean flag, by
actually assembled and gathered together for the purpose of way of protest for what was widely perceived in the
overthrowing the Philippine Government, thereby to pave the Philippines as the unjust hanging of a Filipina domestic helper
way for Foreign Country X in the event of the planned in Singapore,
invasion. Could such Filipinos be prosecuted for treason?
A: Commits inciting to war or giving motives for reprivals.
A: No, because actually assembling and gathering together
for the purpose of overthrowing the Philippine Government Q: It is but natural for a resident alien, with whose country
must take place in the context of war in order to constitute the Philippines is at war, to return to his home country when
treason war breaks out; therefore:

Q: X and Y agreed and decided to commit treason. They, A: Such a resident alien commits the crime of flight to
thereafter, proposed the commission of the same crime to Z enemy's country if, disregarding prohibitions issued by
and A, who was also determined to commit treason. competent authority, he attempts to go home
Thereafter, all of them committed treason. How many and
what crimes were committed by X and Y? Q: Discuss the crime of piracy.

A: One, namely treason. A: Answer on your own. Samplex did not get full points.

Q: Foreign Country X is planning to invade the Philippines one Q: A group of men X and Others), who appear to be
year from now. A group of Filipinos, in sympathy with that Vietnamese by nationality, riding on a speedboat, intercepted
country, has been sending financial support to Foreign a cargo vessel in the seacoast of Sumatra (and within the
Country X. Could such Filipinos be prosecuted for treason? territorial limits of the latter) and by means of violence and
intimidation, took valuable personal property from the vessel.
A: No, because there has not yet been a formal declaration of They then proceeded to the Philippines on the same
war with Foreign Country X. motorboat. The Philippine Coast Guard apprehended them
within Philippine territorial waters, along with several other
Q: A group of Filipinos and some South Koreans have been groups of Vietnamese boat people, violating Philippine
residing in Japan for some time. Suppose that war breaks out immigration laws. Can X and Others be prosecuted criminally
between the Philippines and North Korea and during the before the Philippine courts of piracy if identified by somebody
existence of that war, those Filipino citizens and South who happened to be among the victims of their act of
Koreans send financial contributions to North Korea from depredations committed on the aforesaid cargo vessel within
Japan. Can all of them be punished for treason in the the territorial limits of Sumatra?
Philippines if, after the war and with the cooperation of the
Japanese Government and the INTERPOL, working with our A: Yes, piracy on the high seas under the RPC includes those
NBI agents, said Filipinos and South Koreans were arrested committed within the territorial limits of foreign States.
and later brought here for trial?
Q: An act of robbery or forcible depredation committed in a
A: No, because South Koreans cannot be punished for treason vessel while on the high seas is
as they owe no allegiance to the Philippine Government.

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A: Piracy but only if not committed by members' of the
complement or crew or passengers of the vessel; otherwise,
robbery

Q: Following the amendment of Art. 122 of the Rev. Pen.

Code by Rep Act No. 7659, a person committing piracy in
Philippine waters:

A: May now be prosecuted both under the Rev. Pen. Code and
Pres. Dec No. 532, in deference to the established rule that
prosecution under the Revised Penal Code does not bar
prosecution under a special law violated by the same act of
the offender

Q: Qualified piracy where physical injury, rape, murder or

homicide is committed, as a result or on the occasion of
piracy, is

A: A special complex crime

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Title 2 Crimes against the fundamental laws of the Q: The commission of a crime, which includes an attempt at
State the commission thereof, constitutes a legal ground for the
detention of persons
Q: "A" is accused of robbery and is arrested by SPO2 B, a
member of the Philippine National Police (PNP), by virtue of a A: However, "legal ground" for detention contemplates not
warrant of arrest. “A” put up bail and was ordered released by only the instances when warrantless arrests may be made
the court. Three days later SPO2 B saw "A" at a movie house
and immediately arrested him and took him to the nearest Q: May the chief of police order the arrest of the offender,
police precinct and was kept there till the next morning when who is preparing to leave the country allegedly for medical
SPO2 B took him to the court. All along "A" was telling SPO2 treatment, after hearing the complainant and his witnesses
B that he was out on bail, but SPO2 B would not believe him; and becoming satisfied that the person complained against
neither did SPO2 B make effort to verify if “A” had really been committed murder?
released on bail. Could SPO2 B be held liable for arbitrary
detention? A: No, the chief of police can only file a complaint with the
proper authority to institute criminal proceedings against the
A: Yes, because he committed arbitrary detention under offender.
Article 124, by imprudence
Q: Would the filing of a complaint with the Office of the
Q: X, a policeman, arrested a person without legal ground Prosecutor constitute sufficient compliance with the
and detained him in his house for revenge, not in the jail, requirements of Article 125, Revised Penal Code, as regards
releasing him after eight hours. Would X be liable for arbitrary the delivery of detained persons to the proper judicial
detention? authorities?

A: Yes, because the place of detention is immaterial. A: No, because what is contemplated therein is the filing of a
complaint or information with the judicial authority
Q: A policeman, suspecting that X stole the missing jeep of M, empowered to issue a warrant of arrest or of commitment for
called X to the police precinct at about 8 o'clock in the temporary confinement of a person surrendered in order to
evening, and investigated the latter there and then. X was legalize the detention of the person arrested without warrant​.
told to stay in the precinct until the investigation was
terminated, but allowing him to go to the nearby store when Q: The crime of delay in the delivery of detained persons to
he wanted to drink and to eat and permitting him to go the proper judicial authorities presupposes the arrest of such
around the premises of the police precinct. He did not go persons for some legal ground
home until the next morning, to his disgust and annoyance.
Was the policeman guilty of arbitrary detention? A: By a public officer or employee whose duty it is to detain
or cause the detention of persons
A: No, there was neither confinement nor restraint on the
person of X. Q: A policeman, becoming angry with the owner of a house,
forcibly entered the same against the owner's will and
Q: What is the liability of a private individual who induced a attacked such owner inside his house. Is the policeman liable
policeman to detain a person without legal ground if the for the crime of violation of domicile?
policeman actually so detained that person?
A: No, because his purpose in entering the dwelling was not
A: Arbitrary detention, as principal by inducement to violate the domicile.

Q: The second element of the crime of delay in the delivery of Q: A police officer who, without a search warrant, shall
detained persons to the proper judicial authority is that the surreptitiously enter a dwelling for the purpose of search but,
person detained is so detained for some legal ground. What after being required to leave the premises by the owner
would be the offense if that element is lacking? thereof, shall promptly do so:

A: Arbitrary detention A: Incurs no criminal liability for violation of domicile under

Article 128 of the Revised Penal Code
Q: A inflicted on B serious physical injuries resulting in the
latter's total blindness, punishable by prision mayor. The Q: Criminal liability for prohibition, interruption, and
policeman who saw the commission of the crime arrested and dissolution of peaceful meetings under Article 131 of the
detained A. For how long a time can the policeman legally Revised Penal Code, may be incurred by:
detain A without delivering him to the proper judicial
authority? A: A public order or employee who is not a participant at such
meetings
A: thirty-six hours
Q: Interruption of a peaceful meeting is penalized under
Article 131, Rev. Pen. Code, when committed by a public
officer or employee, unless the peaceful meeting is a

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manifestation or ceremony of any religion, in which case,
such offender incurs criminal liability under Art. 132 of the
same Code; consequently

A: Interruption of peaceful meetings - under Article 153, 1st

paragraph, of the Rev. Pen. Code contemplates private
persons as offenders but can be committed by public officers
or employees who are participants therein

Q: A policeman and a private individual threw stones at the

minister of the Iglesia ni Kristo, who was then preaching in
their chapel. What crime was committed by the policeman
and what crime was committed by the private individual?

A: Offending the religious feelings under Art. 133, RPC​.

Q: At a baptismal party, where all the guests were Catholics,

a priest who was there was slapped and gravely slandered by
a man belonging to another religion. Is that man liable for
offending the religious feeling?

A: No, because it does not appear that a religious ceremony

was going on nor was the place dedicated to religious
worship​.

Q: Whether an act is notoriously offensive to the feelings of

the faithful is to be determined on the basis of:

A: The subjective feelings of the faithful claiming to have

been offended

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Title 3 Crimes against public order carrying a Browning shotgun, DR a Thompson, CA a carbine
and VB, a homemade gun called Bulldog. They arrived at
Q: One who takes up arms or is in open 'hostility against the Punti at 9:00 AM. and they saw RA at the river bank giving
government and who, by means of speeches, incites others to his carabao a bath. DR went to RA and, after a while, shot
the execution of acts of rebellion: him with his gun. AM also shot him with his Browning followed
with another shot by CA, as a result of which RA fell down and
A: Commits rebellion only died. AM then placed on the dead body of RA a writing and
drawing made by their association warning the people and the
Q: Rebellion is an offense that is PA of their activities. Thereafter, the group returned and,
reported to KD that RA was already dead. After subsequent
A: Bailable as regards followers and, as regards leaders, apprehension, an information was filed by the provincial fiscal
bailable only when the evidence of guilt is not strong. charging AM, VB, and CA of the crime of murder. After
conviction for murder, AM appealed. Can it be contended, in
Q: A public officer or employee who conspires with rebels and this appeal, that the crime committed is not murder but
accepts an appointment to office under them is guilty of: rebellion only?

A: Rebellion A: Yes, the crime is rebellion in view of the political motive

behind it, which absorbs murder committed in furtherance
Q: What would be the crime where rebellion is proved to have thereof
been proposed or incited by the accused, if the crime of
rebellion is actually committed by the people to whom the Q: May a person who did not actually take up arms against
proposal was made or who are incited to commit it? the Government but, entertaining the purpose of rebellion,
performs other overt acts in furtherance of rebellion, be held
A: Rebellion. liable for rebellion?

Q: A group of persons rose publicly and took up arms against A: Yes, provided he is in conspiracy with those engaged in
the forces of the Government, resulting in the killing of actually taking up arms against the government, like a courier
certain policemen. Some of those who rose publicly were or spy.
killed and those who were captured refused to give any
statement or make any admission. On those facts, are they Q: The Solicitor General points to FS' affidavit, dated 25
liable for rebellion? February 2006, as basis for the finding of probable cause
against CB for rebellion, as FS provided details in his
A: No, the facts only indicate the objective element of statement regarding meetings CB and the Others attended in
rebellion, but not its subjective element 2005 and 2006 in which plans to overthrow violently the
Arroyo government were allegedly, discussed, among others.
Q: One of the purposes of the crime defined in Art. 134, RPC, The Information in fact merely charges CB for "conspiring and
is to deprive the Chief Executive or Congress, wholly or confederating with others in forming a “tactical alliance" to
partially of any of their powers or prerogatives. What is the commit rebellion. Should a charge for rebellion against CB be
crime committed if a movement that stages a public uprising sustained?
merely sought to effect some change of minor importance or
to prevent the exercise of governmental authority with A: No, those statements in FS' affidavit merely allege a
respect to particular matters or subjects? conspiracy to commit rebellion and the Information does not
charge CB with the crime of Rebellion
A: That would be insurrection but, nevertheless, punishable
under Art, 134, RPC, since, in contrast, rebellion must involve Q: The Revised Penal Code treats of homicide or murder, or
a movement to completely overthrow and supersede the other offenses that might conceivably be committed in the
existing Government. course or in furtherance of rebellion

Q: May a group of non-resident aliens who, while in this A: Either as integral elements of rebellion or as distinct
country, rose publicly and took up arms against the offenses from rebellion. Therefore, the prosecution has a
Government, for the purpose of overthrowing the same, be choice, depending on evidence on band, to prosecute such
held liable for rebellion? acts as rebellion or as distinct offenses, subject to proof by
the defense as to political motive underlying the act.
A: Yes, “any person” may commit rebellion and the matter of
allegiance, whether permanent, temporary or lacking is Q: Two rival groups of jeepney drivers, all armed attacked
immaterial. each other in Plaza Miranda, using their arms even against
the policemen who tried to stop them and restore order in the
Q: KD, who appears to be an area leader of the New People's place. The attack being tumultuous and the commotions
Army (NPA), Sparrow Unit, directed AM, CA, DR, and VB, occurring in a public place, did the rival groups of jeepney
members of the NPA to go to Barrio Punti and kill one RA, drivers commit sedition?
who was suspected by KD to be a Philippine Army (PA)
informer. All four of them went to the barrio of RA, AM

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A: No, the crime of sedition was not committed by them Q: Since Republic Act No. 1700 has been repealed,, knowing
because, although there was public and tumultuous uprising, membership in the Communist Party of the Philippines, an
its object was not to prevent the policemen from freely organized conspiracy whose aim is decidedly to overthrow the
exercising their functions, or to attain any other object of Government of the Philippines through protracted armed
sedition. struggle or other violent means, is:

Q: “A” wanted to eliminate his political rival “B” before the A: Not punishable as subversion but constitutes the crime of
election, which was about to take place in their province. "A" membership in an illegal association
had an understanding with some members of the NPA
roaming the mountains of Quezon Province, whose Q: A harbor policeman and a policeman of the Manila Police
commander was his friend, to the effect that said NPA Department happened to investigate a complaint for theft
members would attack the town where “B” was living and committed in the pier. The harbor policeman claimed that the
serving as municipal mayor, with the particular end in view of MPD policeman had no right or authority to investigate any
killing "B”. During the attack on the said town made by the case within the harbor compound. The MPD Policeman
NPA members in which “A” also took part, “B” was seriously insisted in investigating the case. Consequently, they
injured and his house was burned. Considering that the quarreled and fought The MPD policeman seriously injured the
members of the NPA were engaged in continuing hostilities harbor policeman. Is the MPD policeman guilty of any crime?
against the Government and "A” was, as regards the subject
incident, in conspiracy with said NPA members A: Yes, but only for serious physical injuries, not direct
assault, because the act was not motivated by an intention to
A: "A" is liable for sedition, on the one hand, and for all the defy the authority of the harbor policeman.
separate and individual crimes committed in the course
thereof namely, the serious physical injuries inflicted on “B” Q: A slapped a barangay captain, who was helping a
and arson, for the burning of the house of "B" policeman in preserving order in a procession. Has the crime
of direct assault been committed in this case?
Q: The crime of inciting to sedition is committed by:
A: Yes, the force employed upon a person in authority need
A: Knowingly concealing the evil practice of publishing not be serious and such laying of hands, without distinction,
scurrilous libels against the government which incite riots. even qualifies the crime.

Q: A person who, without taking any direct part in a sedition, Q: Is it always necessary in the crime of direct assault that
proposes to another person in a Christmas greeting card the person in authority or his agent be in the actual
addressed to the latter, the commission of acts which performance of his official duty when he is attacked or
constitute sedition: seriously intimidated by the offender?

A: Incurs no criminal liability A: No.

Q: In a meeting, where many persons were invited to Q: A, the mayor of the town, and B, a private individual were
consider ways and means of improving the community, X engaged in a conversation in front of the municipal building.
volunteered to speak and, in the course of his speech, he In the course of their conversation about town politics, B and
incited the audience to carry arms and use force or violence the mayor became engaged in an altercation regarding how
against the mayor and councilors for neglecting their duties. mayors should perform their duties, resulting in B's giving a
Is that meeting an illegal assembly? fist blow on the lips of the mayor. Is B liable for direct
assault?
A: No, because the purpose of the meeting, in the first place,
is lawful, that is to consider ways and means of improving the A: No, although they quarreled about performance of duty,
community the matter was still of a private nature not involving
performance of duty
Q: A group of about 20 persons, armed with bolos, daggers
and licensed pistols, were gathered together in a certain Q: Where a policeman is attacked and killed by the offender
place, holding a meeting. A group of Philippine Army (PA) by means of fist blows, knowing the former to be a
soldiers, who were suspecting them, investigated each and policeman, while in the performance of duty, albeit none of
every one of them on the spot, but not one of those persons the circumstances enumerated in Art. 248, RPC, attended the
revealed the purpose of the meeting. It turned out that one of killing, the offender commits the crime of
those persons who attended the meeting carried an
unlicensed firearm. Is this an illegal assembly? A: Direct assault with homicide

A: Yes but only as regards the person who carried an Q: In the process of resisting his arrest by elements of the
unlicensed firearm, by legal presumption which is even Western Police District (WPD), “X” engaged in a gunfight with
rebuttable, and not as to the rest. them, killing one policeman, and seriously injuring two (2)
others. Under the circumstances, “X” may be prosecuted for:

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A: Direct assault with homicide and serious physical injuries. hate or revenge against "D", a private person, for some
political or social end:
Q: The crime of direct assault is not qualified by:
A: Public disturbance.​
A: evident premeditation
Q: The crime of evasion of service of sentence under Art. 157,
Q: A person who comes to the aid of a person in authority is RPC, is committed by prisoners serving sentence by final
deemed an agent of a person in authority: judgment who escape from jail, but persons aiding them in
such escape:
A: Therefore, the mere employment of serious resistance
against such person, when coming to the aid a person in A: Are liable under Art. 156, RPC, for delivery of prisoners
authority, constitutes direct assault under Art. 148, RPC from jail

Q: When a person in authority is slightly slapped on the face, Q: X is a detention prisoner awaiting trial of his case for
while in the performance of duty, the offender knowing him to murder. Because of an attack of hypertension, X was brought
be so, the crime committed is: to a hospital for treatment and confinement. While X was in
the hospital, the wife of X (W), posing as a nurse and taking
A: Direct assault, in one of its qualified forms. advantage of the inattentiveness of the guard assigned to X,
brought X out of the hospital on a wheelchair, thus enabling X
Q: A, a lady professor, was giving an examination. She to escape. In terms of their respective criminal liabilities:
noticed B, one of the students, cheating. She called the
student's attention and confiscated his examination booklet, A: “W" alone is liable, for the crime of delivery of prisoners
causing embarrassment to him. The following day, while the from jail.
class was going on, the student, B, approached A and,
without any warning, slapped her. B would have inflicted Q: During the disorder in the Bilibid Prisons, resulting from
further injuries on A had not C, another student, come to As the killing of certain prisoners by other prisoners, and wherein
rescue and prevented B from continuing his attack. B turned guards were even disarmed by certain prisoners, A, a prisoner
his ire on C and punched the latter. Under the circumstances, serving sentence by final judgment, escaped for fear that he
“B” is liable for: might be also killed. He never gave himself up to the
authorities even if the disorder had already ceased to exist. Is
A: Two (2) separate crimes of direct assault and indirect he liable criminally?*
assault
A: Yes, for evasion of service of sentence under Art. 157,
Q: A private person who comes to the aid of a lawyer who is RPC.
being assaulted while in the performance of professional
duties and who is himself attacked as a consequence thereof, Q: One who has been sentenced to destierro
thereby suffering slight physical injuries, is the victim of:
A: Can commit jail-breaking or evasion of sentence because
A: Indirect assault such penalty involves deprivation of liberty.

Q: During a meeting in Manila of members of the Municipal Q: A, charged with parricide, was confined in the Bilibid
Mayors League, composed of municipal mayors of the prisons in Muntinlupa pending his trial. There occurred a
different municipalities in the Philippines, organized by "some disorder resulting from a strong earthquake. A was one of
of them" in order to re-launch à failed bid to revise the those who left the prison, because of the earthquake. He
Constitution through people's initiative, "several of them” never returned to the prison nor gave himself up to the
created a disturbance, resulting in the interruption of the authorities within 48 hours following the issuance of a
meeting. The mayors who created the disturbance ("several proclamation announcing the passing away of the calamity.
of them") which resulted in the interruption of the meeting May A be prosecuted and punished for violation of Art. 158,
liable for: RPC?

A: The crime of public disturbance under Article 153, RPC A: No, his case is not covered by Art. 158 nor by any other
provision of the RPC.
Q: What crime would be committed if the offenders who
dissolved or interrupted a peaceful meeting without legal Q: While X was serving sentence for homicide, he inflicted
ground are private individuals who are not participants in the serious physical injuries on another prisoner thereat. How
meeting? would you characterize X under those facts?

A: Disturbance of public order under Art. 153, RPC. A: X is a quasi-recidivist because he committed serious
physical injuries while serving his sentence for homicide,
Q: The crime committed where "A", "B", and "C" rise publicly which satisfies the requirements of Art. 160, RPC
to attain by force of intimidation the commission of an act of

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Title 4 Crimes against public interest Q: A was in charge of preparing the payroll in the Office of
the Governor of Cavite. When the payroll for the month of
Q: In terms of penalty, Art. 161, RPC, regards the crime of March was presented to the governor for signature, he
forging the Great Seal of the Government of the Philippines: noticed that the name of X was included as janitor in that
office when, in fact, X was not employed in that office.
A: As a crime as serious as homicide, which is penalised with Instead of signing it, the governor sent the payroll to the
reclusion temporal provincial prosecutor for appropriate action. For making a
false statement in a narration of facts, the prosecutor accused
Q: X made a dollar coin of the United States of America. Is he A of falsification. Is A liable for falsification?
liable for counterfeiting of coins?
A: Yes, but not under Art 171, RPC, because the payroll never
A: Yes, counterfeiting of coins is punishable whether it became official without the signature of the Governor
involves Philippine coins or foreign coins.
Q: Can the crime of falsification of private document be
Q: In defining the crime of counterfeiting of coins under Art. committed through reckless imprudence if there is no actual
163, RPC, the law contemplates, may possible subject of damage caused?
counterfeiting:
A: No, because in the absence of actual damage, falsification
A: Even coins which have been withdrawn from circulation of private document can only be committed with intent to
cause such damage.
Q: X was surprised by a policeman mutilating a 1-peso silver
coin, which was in circulation before World War II but has Q: What crime is committed where the offender falsifies a
been withdrawn from circulation after liberation. Would X be private document in order to get money or property from the
liable for the crime of mutilation of coins? offended party?

A: No, mutilation of coins, unlike counterfeiting thereof, A: Falsification of private document only, the deceitful
applies only to coins that are in circulation. purpose motivating it serving merely as an element thereof

Q: May X, who is in possession of a counterfeit or mutilated Q: SU, a field agent of the National Bureau of Investigation,
coin, be punished under the law, even if he shows that he has was charged with falsification of public document under
no intent to utter the same and he is not in connivance with paragraph 4, Article 171 of the Revised Penal Code, for
the counterfeiter or mutilator? making false statements in his Personal Information Sheet. A
Personal Data Sheet (PDS) is a requirement under the Civil
A: No such possession without intent to utter, nor connivance Service Rules and Regulations in connection with employment
with the counterfeiter or mutilator, is not a crime. in the government. The filing of a PDS is also required in
connection with promotion to a higher position. What crime, if
Q: To be punishable, the uttering of mutilated coins: any, was committed by SU if he indeed made those false
statements in his PDS?
A: Need not be in connivance with mutilators or importers.
A: Falsification of public document under Article 171, RPC, the
Q: X, who was buying merchandise, offered in payment of the PDS being a public document who took advantage of official
same, a bogus 100-peso bill, knowing it to be falsified. The position when he filled up with falsehood the said PDS
owner of the merchandise discovered that the 100-peso bill
was bogus and refused to accept it. Is X liable for attempted, Q: A resolution was under consideration by a Sangguniang
frustrated or consummated use of falsified money bill? Bayan. X took it from the table of the Sanggunian Secretary
and counterfeited or forged the signatures of the Sanggunian
A: Consummated, acceptance of the bogus bill upon such Secretary and the Municipal Mayor thereon to make it appear
offer not being an element of its use. that it was passed and approved. Is this falsification of
legislative document?
Q: If the imitation of current coin is so imperfect that no one
may be deceived, would the counterfeiter be nonetheless A: Yes, but this one is of a type punishable under Art. 171 or
criminally liable?* 172, RPC, as the case may be

A: Yes, because the purpose of the law is also to prevent the Q: The President of the Philippines left to his secretary a
forger from practicing his trade and honing his skills. signature in blank, with instructions to type above his
signature the usual form of appointment for Municipal Trial
Q: When is possession of counterfeit treasury or bank note a Court judge in favor of X. M stole from the desk of the
crime? secretary the paper with the signature of the President in
blank and wrote a document over it, making the President
A: When proof of knowledge of its falsity concurs with intent liable to him for a sum of money. What crime was committed
to utter. by M?

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A: Falsification under Art. 172, RPC, whether M is a public
officer or a private individual. A: No, it is imperative first to show which statement (the
SALN or the ITR) was false by other evidence than the
Q: Damage or intent to cause damage is immaterial in contradictory statements, in light of which they may be both
incurring criminal liability for the introduction of falsified true, both false, one false and the other true, not to mention
documents: partial truths and partial falsehoods, in one or the other.

A: In judicial proceedings Q: A lawyer who knowingly introduces in a judicial proceeding

a false medical certificate, to support a motion for
Q: In terms of stage of execution, falsification: postponement of a hearing,

A: Only has a consummated stage.​ A: Should be prosecuted for use of a false certificate under
Art. 175, RPC
Q: What is the crime committed by a person who falsifies a
check drawn against the Philippine National Bank? Q: RM, as Vice-President of the MHADC, signed and certified
under oath the General Information Sheet of MHADC. He was
A: Falsification of commercial document under Art. 172(1), rot, however, aware of the erroneous statements therein at
RPC, a check being a commercial document, within the the time when he signed it. It was LDA as MHADC's corporate
meaning of that provision. accountant which had solely prepared the 1996 GIS of the
MHADC. He always relied on the accuracy of LDA. He hastily
Q: XX was a disbursing officer of the Bureau of Lands. He was signed it since, at that time, the LDA representative was in a
a public official. XX’s functions as disbursing officer did not hurry to beat the deadline in submitting the same to the
include the duty to make, prepare or otherwise intervene in Securities and Exchange Commission (SEC). After being
the preparation of the falsified travel expense voucher. His informed of the erroneous statements, the LDA sent á letter
function was only to pay payees of treasury warrants and to the SEC informing the latter of the mistakes and supplying
other cash vouchers or payrolls. Nonetheless, he took the the correct information therein. The erroneous statements
liberty of intervening in the preparation of a falsified travel were due to the oversight of the LDA. RM admitted that he
expense voucher. How should the crime, if proved, be was negligent in not carefully reading and analyzing the
punished?' statements therein. Subsequently, RM and Others relied on
the foregoing circumstances in executing their respective
A: Under Article 172, RPC, because, although the travel counter-affidavits dated 11 June 1998, which led to their
expense voucher falsified was a public document, XX could prosecution for perjury. Can RM be held liable for perjury for
not be said to have taken advantage of official position in the statements he made in the GIS, which he later asserted
committing it to be erroneous in a counter affidavit filed in connection with
the preliminary investigation of a case before the
Q: "X", a clerk in the office of the municipal treasurer, whose Prosecutor's, Office?
duty was to enter in the book the amounts paid on vouchers
presented to the treasurer for payment, received a voucher A: No because perjury cannot be committed by negligence
from a private individual. The voucher was not yet audited or
acted upon by any public officer. The amount appearing in the Q: When is the appropriate time to file a criminal action for
voucher was P25,000.00. “X” told the owner of the voucher to false testimony against a defendant in a criminal case; why?
return the next day for the cash. it Before giving it to the
corresponding officer for auditing and approval of payment, A: Answer on your own. Samplex did not get full points.
"X" altered the figure "2" in the amount stated in the voucher,
by making it appear as figure "3" so that the amount would Q: X is the distributor/retailer of petroleum products imported
read “P35,000.00", for the purpose of “X” being able to get from a foreign country by Y. Taking advantage of the fall in
the difference from the owner of the voucher after receiving the supply of petroleum products arising from the mere
payment. The treasurer promptly discovered the alteration possibility of a blockade in the straits of Hormuz, Y and X
before actual payment. Under the circumstances, the crime agreed to fix higher prices for said petroleum products which
committed is: X purchased from Y and X would, in turn, distribute/resell the
same petroleum products at higher prices, thereby increasing
A: Falsification of private document under Article 172, RPC, the market price of such petroleum products. Are X and Y
committed without abuse of official position by a public officer liable for any crime under the Revised Penal Code?

Q: Y submitted a Statement of Assets, Liabilities and A: Yes, both of them are liable under Art. 186(3) RPC, since
Networth (SALN) for Year XXXX, which appears to contain they combined and conspired to increase the market price of
statements contradicting those stated in his Income Tax a merchandise or object of commerce imported into the
Return (ITR), also for Year XXXX. Both the SALN for Year Philippines
XXXX and the ITR for Year XXXX were sworn statements. Can
Y, if prosecuted for perjury, be convicted merely on his sworn Q: X, a multi-billionaire, invited all cement manufacturers and
contradictory statements (SALN for Year XXXX vs. ITR for offered them a certain price plus a share in the profits if all of
Year XXXX)? them would sell their manufactured cement to him only. X's

ALS BLOCK F 2022

purpose was to control the price of cement sold locally or
exported to foreign countries. The cement manufacturers
refused and rejected the offer of X. May X be held criminally
liable under the Revised Penal Code for his attempt to
monopolize the sale and exportation of cement?

A: No, since the proposal was rejected, there was no

agreement to monopolize and combine in restraint of trade
that violates Art. 186, RPC;

Q: X, Y and Z, board members of an LPG Dealers Association,

passed a Board Resolution, which resolved and embodied
their agreement to the effect that LPG would be sold at a
certain price per tank and that not one of them shall sell such
merchandise at lesser price without the previous consent of
the others, and was simultaneously signed by them. They
jointly announced the said decision of the association in a
press statement, citing the board resolution. The agreement
was not actually carried out by the members, because they
were promptly arrested. Can X, Y and Z be, nevertheless,
held liable under the Revised Penal Code on the basis of that
agreement/resolution?

A: Yes, the acts of X, Y and Z, constitute a combination to

prevent free competition in the market by fixing the selling
price of their merchandise, in violation of Art. 186(1), RPC.

Title 5 Crimes relative to opium and other prohibited

drugs

-None in samplex-

Title 6 Crimes against public morals

-None in samplex-

ALS BLOCK F 2022

Title 7 Crimes committed by public officers
A: Arises only if there was no issue as to the accuracy,
Q: Where the Office of the Prosecutor miserably incurred correctness and regularity of the audit findings and if the fact
some delay in the filing of the information after the City that funds are missing is indubitably established before such
Prosecutor had approved the recommendation of the demand is made.
investigating prosecutor to file the information, the
appropriate course of action to take for the offended party Q: Can restitution, payment or reimbursement be asserted as
being deprived of his right to vindicate a wrong purportedly a defense against a prosecution for malversation of public
inflicted on him by the mere expediency of a prosecutor not funds or property, why?
filing the proper information in due time would
A: No, restitution, payment or reimbursement cannot be
A: To file an administrative disciplinary action against the asserted as a defense against a prosecution for malversation
erring public officials. of public funds as property. It has been held in People v.
Velasquez that the return of money by the accused only
Q: For an attorney's act of revealing secrets of a client amounts to a mitigating circumstance; it cannot be used to
learned in professional capacity to constitute betrayal of trust, exempt one from criminal liability. Restitution, payment or
reimbursement cannot be used to exonerate one from being
A: It is enough that such secrets have been revealed criminally liable for malversation but that can be used to
mitigate his liability. If restitution, payment, or
Q: There is indirect bribery where: reimbursement is allowed to be used as a defense, it would
be easy for one to be absolved of malversation by simply
A: A public officer accepts gifts offered to him by reason of his doing those things despite the fact that the accused had
office already malversed public funds as property to the detriment
of public interest.​
Q: Offenses punishable under the Anti-Graft and Corrupt
Practices Act prescribe in 15 years; Q: In illegal use of public funds or property, the existence of
damage or embarrassment to the public service is
A: However, proceedings for forfeiture of unlawfully-acquired
wealth are imprescriptible. A: Material in fixing the penalty for the said felony

Q: Whenever a public officer commits any of the crimes of Q: A public officer does not incur criminal liability for
swindling and other deceits, defined and penalized under revealing secrets of private individuals coming in his
Chapter 6, Title Ten of the Rev. Pen. Code, taking advantage knowledge by reason of his office when:
of his official position, then:
A: The secrets are contrary to public interest or the
A: He will be prosecuted under the appropriate provisions on administration of justice
swindling and other deceits, defined and penalized under
Chapter 6, Title Ten of the Rev. Pen. Code, subject to the Q: As regards private persons, the crime of infidelity is the
provisions of Article 214, Title Seven of the same Code custody of prisoners may be committed with respect to:

Q: AF issued the check to induce HS to execute a deed of sale A: All the foregoing cases: (a) prisoners serving sentence by
in his favor. The Deed of Absolute Sale was assigned after AF final judgment confided to their custody, who escape with
have the checks to HS. AF did not dispute that at the time of their connivance or consent or through their negligence; (b)
the issuance of PNB Check No. 395532-S, AF’s account detention prisoners confided to their custody, who escape
balance was only P1,026.53. AF closed his account on 27 May with their connivance or consent or through their negligence;
1994, three months before the date indicated in PNB Check (c) persons merely under arrest, who had been confided to
No. 395532-S. Under the circumstances: their custody and who escape with their connivance or
consent or through their negligence​.
A: AF committed deceit because the payee would not have
parted with his property if he knew that the checks were not Q: In the felony of maltreatment of prisoners, the lower
funded. penalty prescribed in Art. 235, Rev. Pen. Code, is imposable:

Q: The prima facie presumption of malversation under the A: If maltreatment arises from the imposition of punishment
last paragraph of Article 217, Revised Penal Code not authorized by the regulations, or by inflicting such
punishment in a cruel and humiliating manner
A: Arises only if there was no issue as to the accuracy,
correctness and regularity of the audit findings and if the fact Q: In the felony of maltreatment of prisoners, the lower
that funds are missing is indubitably established before such penalty prescribed in Art. 235, Rev. Pen. Code, is imposable:
demand is made.
A: if maltreatment arises from the imposition of punishment
Q: The prima facie presumption of malversation under the not authorized by the regulations, or by inflicting such
last paragraph of Article 217, Revised Penal Code, punishment in a cruel and humiliating manner.

ALS BLOCK F 2022

Q: During the May 11, 1998 elections, V ran for Municipal
Mayor of San Vicente, Palawan. T (now deceased), a relative
of V's wife, ran for Municipal Mayor of Kitcharao, Agusan del
Norte. V won while T lost. Thereafter, on July 1, 1993, V
designated T as Municipal Administrator of the Municipality of
San Vicente, Palawan. On February 4, 2000, V and T were
charged with violation of Article 244 of the Revised Penal
Code (unlawful appointment) before the Office of the Deputy
Ombudsman for Luzon. The complaint was resolved against V
and T. However, the prosecution did not allege in the
Information, much less prove, that Mayor V's appointee, T,
lacked any of the qualifications imposed by law on the
position of Municipal Administrator. Nevertheless, it is not
disputed that there is a one (1) year prohibition on
appointments as provided for in Sec. 6, Art. IX-B of the
Constitution and Sec. 94 (b) of the Local Government Code,
mandating that a candidate who lost in any election shall not,
within one year after such election, be appointed to any office
in the Government. Can the Prosecution rest its case for
unlawful appointment solely on the assertion that since T lost
in the May 11, 1998 election, he necessarily lacked the
required legal qualifications for the position of Municipal
Administrator?

A: No, the prosecution cannot rest its case for unlawful

appointment solely on the assertion that T lacked the required
legal qualification by reason of losing in the May 11 1998
election. Temporary prohibition is not synonymous with
absence or lack of legal qualification. Two scenarios are
possible: (1) a person has all the legal qualifications but is
temporarily disqualified because of the constitutional
prohibition in losing candidates; and (2) a person is not
temporarily prohibited but is lacking on the requirements
prescribed by law. Hence, the case for unlawful appointment
will not prosper on such contentions by the prosecution.

Q: For purposes of ascertaining whether or not the crime of

unlawful appointment was committed, in particular as regards
the element that the person appointed “lacked legal
qualification”:

A: The "temporary prohibition” against the appointment of

losing candidates to elective positions is not synonymous with
absence or lack of legal qualification.

ALS BLOCK F 2022

Title 8 Crimes against persons
Q: Even where the circumstance of relationship between an
Q: X, a stranger, poisoned Y, a pregnant woman, with intent accused in a crime of rape and the victim had not been
to kill her. As a consequence, Y died, along with the foetus in properly alleged in the information, but was subsequently
her womb. Under the circumstances, X should be held liable proven during trial by virtue of the testimonies of accused's
for: sister and mother and his own admission, it still cannot be
appreciated as a qualifying circumstance.
A: Murder.
A: However, such relationship can nonetheless be the basis of
Q: Where the second mate of a vessel, cruising within a civil award of exemplary damages
Philippine waters, with evident premeditation and cooperating
with all other members of the ship's complement or crew, kills Q: The information for Rape against XA reads: “That on or
the captain of the vessel over a personal grudge, the crime is: about the 11th day of June 2002 or prior thereto, in the City
of Las Piñas, Philippines and within the jurisdiction of this
A: Murder, because the specific intent was to vindicate a Honorable Court, the above-named accused, with lewd
personal grudge and there is evident premeditation designs, did then and there willfully, unlawfully and
feloniously commits (sic) act(s) of sexual assault with one
Q: GA instituted a criminal complaint for the violation of the (BBB), a seven (7) years (sic) old minor, by touching and
Revised Penal Code, particularly Articles 262, in relation to inserting his finger into her vagina against her will and
Republic Act No. 7610 against respondents PA, RO, Dr. RA, consent." Under the circumstances,
Dr. RA and several John/Jane Does before the Office of the
City Prosecutor of Quezon City. She alleged that through A: XA cannot ask that the charge filed against him be
“charade and false pretenses invariably committed by all of amended to acts of lasciviousness instead of rape since
the respondents in conspiracy with each other, on 31 January “fingering" is covered under Article 266-A, paragraph 2 of
2002, [my] common law brother LA, although of legal age but Republic Act No. 8353 (RA 8353) because a "finger"
conspiratorially caused to be declared by” PARO, Dr. RA, Dr. R constitutes an object or instrument in the contemplation of RA
and several John/Jane Does to be “mentally deficient” and 8353
“incompetent to give consent to his BILATERAL VASECTOMY,
was then intentionally, unlawfully, maliciously, feloniously
and/or criminally placed thereafter under surgery for
MUTILATION VIA “BILATERAL VASECTOMY” x x x, EVEN
WITHOUT ANY AUTHORIZATION ORDER from the
GUARDIANSHIP COURT, nor personal consent” of LA himself.
Under the circumstances:

A: It is not proper to charge Dr. RA, the urologist who

performed the procedure, much less the others, with the
crime of mutilation under Art. 262, RPC

Q: On 30 May 2000, at around 8 p.m., AAA was on her way

home from a friend's house. AT (1) approached AAA; (2)
forced AAA to go with him; (3) told AAA that the supposed
persons who wanted to kill her were at her house; (4)
dragged AAA towards the highway where a tricycle was
waiting; (5) brought AAA to Tagkawayan, Quezon, using the
tricycle; (6) forced AAA to board a bus going to Santa Elena,
Camarines Norte; and (7) brought AAA to a hut in the middle
of rice fields in Barangay San Lorenzo. AAA and AT spent the
night in the hut. On 1 June 2000, AT (1) poked a knife on
AAA's neck; (2) threatened to kill AAA; (3) undressed AAA;
(4) mounted AAM; and (5) inserted his penis in AAA's vagina.
Under the circumstance, AT should be convicted of the crime
of:

A: Rape only, the forcible abduction being absorbed in rape.

Q: Where rape is alleged and proven to have been committed

with a deadly weapon and by two persons:

A: it is considered to be qualified rape (due to the use of such

weapon) with the aggravating circumstance of superior
strength (there being two rapists acting in concert)

ALS BLOCK F 2022

Title 9 Crimes against personal liberty and security Q: The Information for Attempted Rape reads; “That about
1:50 in the morning or sometime thereafter of 13 December
Q: When prosecuted for kidnapping for ransom, XA claimed 1991 in Manila and within the jurisdiction of this Honorable
that there was no deprivation of liberty in this case because Court, the above-named accused, by forcefully covering the
KN, a minor, voluntarily went with him to the mountainous force of MA with a piece of cloth soaked in chemical with
area of Mayamot, a deserted place admittedly unfamiliar to dizzying effects, did then and there willfully, unlawfully and
the boy, to get the promised "Shaider” toy, and that during feloniously commenced the commission of rape by lying on
the period that KN was with him, the boy was always left top of her with the intention to have carnal knowledge with
alone at the hut where he could do anything he wished, her but was unable to perform all the acts of execution by
including escaping. Under the circumstances, reason of some cause or accident other than his own
spontaneous desistance, said acts being committed against
A: XA should be held liable for kidnapping as, indeed, there her will and consent to her damage and prejudice.” If the
was deprivation of liberty since the boy could not have gone accused is acquitted of attempted rape and convicted instead
home, brought as he was to an unfamiliar and deserted place of unjust vexation “by forcefully covering the face of MA with
at the mountain side. a piece of cloth soaked in chemical with dizzying effects”,

Q: The municipal treasurer of a town, having found his A: He cannot assail his conviction for unjust vexation since
servant quarreling with his wife, seized him and detained him the Information for attempted rape contains averments
in the municipal jail. What crime was committed by the constituting and thus justifying his conviction for unjust
municipal treasurer? vexation

A: Unlawful arrest

Q: Trespass to dwelling is qualified whenever committed:

A: by means of violence or intimidation.

Q: The factor that distinguishes grave threat from robbery

with intimidation is:

A: The directness,, persistence and continuing nature of the

intimidation employed and the immediacy of gain obtained or
intended.

Q: What crime is committed by a private individual who

prevented or disturbed a religious ceremony or manifestation
of any religion, using violence or intimidation?

A: Grave coercion under Art. 286, RPC.

Q: The common element in various forms of grave coercion

is:

A: Use of violence or such display of force as controls the will

of the victim.

Q: In which case, among the following, would the act of

preventing another from doing something, by means of
violence or intimidation, constitute only grave coercion
instead of another crime:

A: Preventing another from performing a religious act.

Q: In view of the passage of Rep. Act No. 6235, the plain act
of plane hijacking, not attended by death, injury to persons or
damage to property:

A: May still be punished as grave coercion, as in People vs.

Ang Cho Kio, 95 Phil. 475, because prosecution for grave
coercion would not bar prosecution for hijacking

ALS BLOCK F 2022

Title 10 Crimes against property Art. 294 of the Revised Penal Code despite the fact that the
act is committed by a band
Q: A domestic servant who, taking advantage of the absence
of the owner thereof, broke open a locked chest and took
money and jewelry therefrom and, thereafter, spent the
proceeds for her own benefit committed the crime of:
Q: Record shows that on October 12, 2001 at around 6:30
A: Robbery with force upon things. o'clock in the evening, about four men entered the office of
CDCI, located at No. 29 Evangelista St., Santolan, Pasig City,
Q: X, having lost to Winner Y in the game of poker, intended and declared a hold up. At least two robbers remained outside
to divest. Y of his winnings amounting to P20,000.00. In to serve as look-outs. At that time, five CDCI employees,
pursuit of his plan to rob Y of his winnings, X shot and killed namely, CB, ET, NP, MA and BR, were inside the office
him as well as his companion, z. PO W, who was behind Y and preparing the pay envelopes of the employees. CB was then
Z, at that time, saw X and a companion running up a hill reviewing the vouchers and signing checks when one of the
when, suddenly, he heard gunshots and then saw Y and Z, hold-uppers, who was holding a gun and a grenade,
who were then walking ahead of the group, hit by the gunfire. positioned himself beside her and ordered her: "labas mo ang
By instant, PO W dove into a canal to save himself from the pera." That man, whom she identified in open Court, turned
continuous gunfire of X. PO W ran towards VA and FA, who out to be AS. The four men left after about five minutes,
were walking behind the group, and informed the two that Y taking with them their loot consisting of cash and personal
and 2 were ambushed by X and his companion. The three belongings. Shortly after they gathered and locked
sought help from the police authorities and returned to the themselves inside a room, the five employees heard gunshots
scene of the crime where they Z, who was still alive and who outside the Canscor office. One RM was hit by a bullet and
narrated that it was X and his companion who ambushed died. Is this robbery with homicide?
them and took the money, estimated at P12,000.00, of
Winner X which he won in the card game. If prosecuted for A: Yes, because in robbery with homicide it is immaterial that
this incident, death would supervene by mere accident or that the victim of
homicide is other than the victim of robbery.
A: X should be convicted of robbery with homicide, for the
killing and robbery of Y and Z and for shots fired by X against Q: X, who picked the pocket of Y, succeeding to extract Y's
PO W. wallet therefrom, but threw it away, seconds afterwards, after
finding is empty, allowing Y, who was running after X, to
Q: The following [are] is not a special complex crime[s] retrieve it, is:
defined in relation to robbery:
A: Guilty of theft.
A: Robbery with frustrated homicide or murder
Q: A, who, while visiting the house of his married sister, B,
Q: Where X entered the house of Y a woman, took her money saw the latter's purse and took it, extracting therefrom. a P50
and jewelry, raped her and then killed her, the crime bill with which he bought himself some snacks, is
committed is:
A: liable for theft
A: Robbery with homicide, aggravated by rape
Q: What element of theft is lacking when a person takes
Q: Where there is no proof that the accused organized property belonging to another, believing in good faith that it
themselves to commit highway robbery, the prosecution belongs to him and returns the same one day after realizing
having succeeded only in establishing a single act of robbery that it was not so:
on a particular person who, by the way, was also killed by
reason or on the occasion thereof: A: Intent to gain

A: The accused cannot be convicted of highway robbery with Q: On 19 May 1994, at around 4:30 p.m., VA and CN were
homicide under Pres. Dec. No. 532, but only of the special sighted outside the Super Sale Club, a supermarket within the
complex crime of robbery with homicide under Art. 294 of the ShoeMart (SM) complex along North EDSA, by LO, a security
Revised Penal Code. guard who was then manning his post at the open parking
area of the supermarket. LO saw VA, who was wearing an
Q: May the “use of unlicensed firearm" be appreciated as a identification card with the mark "Receiving Dispatching Unit
special aggravating circumstance in the crime of robbery with (RDU),” hauling a push cart with cases of detergent of the
homicide when it is committed by a band; why? well-known “Tide" brand. VA unloaded these cases in an open
parking space, where CN was waiting. VA then returned inside
A: No, the "use of unlicensed firearm" cannot be appreciated the supermarket, and after five (5) minutes, emerged with
as a special aggravating circumstance in the crime of robbery more cartons of Tide Ultramatic and again unloaded these
with homicide when it is committed by a band. This is boxes to the same area in the open parking space.
because Art. 295 does not apply to subdivisions 1 and 2 of Thereafter, VA left the parking area and hailed a taxi. He
boarded the cab and directed it towards the parking space

ALS BLOCK F 2022

where CN was waiting. CN loaded the cartons of Tide A: Dependent upon the authority of the person making the
Ultramatic inside the taxi, then boarded the vehicle. All these demand.
acts were eyed by LO, who proceeded to stop the taxi as it
was leaving the open parking area. When LO asked VA for a Q: Which of the following may serve as basis to differentiate
receipt of the merchandise, VA and CN reacted by fleeing on estafa with abuse of confidence from malversation:
foot, but LO fired a warning shot to alert his fellow security
guards of the incident. VA and CD were apprehended at the A: The nature of the funds or property involved as public or
scene, and the stolen merchandise recovered. Under the private.
circumstances, Q: Which of the following is not an element of estafa with
unfaithfulness:
A: VA and CN should be punished for consummated theft
because the taking of the stolen goods was complete once the A: That such thing pertains to his art or business.
same were physically possessed by the culprits and loaded by
them in the pushcart Q: PA was found guilty of destructive arson, then a capital
offense, under Article 320, A RPC, as attended by RA No.
Q: In a meeting held on 30 October 1996, AF admitted having 7659. The properties burned by PA are specifically described
received an amount of money collected from a client cf as houses. The descriptions as alleged if he second Amended
Porta-Phone, where AF works as marketing manager. The Information filed against PA particularly refer to the structures
amount was a refundable deposit for the communication as houses. It appears that he was acting more on impulse,
items leased out by Porta-Phone to Hemisphere AF admitted heat of anger or risen temper rather than real spite or hatred
having kept it until his reimbursements from the company that impelled him to give vent to his wounded ego. Under
would be released to him. Porta-Phone consistently sought those circumstances:
the return of the amount from AF in the meetings held for this
purpose and in the various letters issued by the company, but A: His conviction for Destructive Arson cannot be sustained
AF refused to do so. Under the circumstances, because he is guilty of Simple Arson penalized under Sec. 3.
par 2 PD 1613
A: AF is guilty of qualified theft under Art. 308/309/310, RPC

Q: On April 30, 1998, Spouses AW and AH went to the house

of VC to borrow PhP100,000. The money was supposed to be
shown to the bank (“show money”) to make it appear that the
Spouses A were financially liquid. On May 6, 1998, AW went
back to VC’s house where she received the amount and
signed a Trust Undertaking, which stated: “For and in
consideration of the trust conveyed upon us, the undersigned
hereby acknowledged the receipt of the amount of one
hundred thousand (P100,000) pesos, Philippine currency,
from MRS. VC said amount being extended and received by
us not as loan or credit and without interest, nevertheless, we
hereby undertake and commit to return the same amount to
said MRS. VC on or before July 18, 1998, without need of
prior demand.” When the obligation became due, VC went to
the spouses to demand payment but VC failed to collect the
money. Under the circumstances, it may be concluded that:

A: The Spouses AW and AH committed estafa with abuse of

confidence under Article 315[1][b], RPC, because the amount
was received by Spouses AW and AH for the sole purpose of
using it as “show money” to the bank.

Q: In the context of the elements of estafa with abuse of

confidence under Article 315[1](b), Revised Penal Code

A: A formal or written demand is not necessary at all,

whether or not there is evidence of misappropriation of
conversion, and its absence is not fatal to the cause at the
prosecution

Q: The validity of the “demand”, for purposes of prosecution

for estafa under Article 315[1](b), Revised Penal Code, is:

ALS BLOCK F 2022

Title 11 Crimes against chastity

Q: A brother who, knowing his sister to be married, had

consented sexual intercourse with her committed:

A: adultery

Q: X, a policeman who pretended to arrest a 15-year old girl,

who is no longer physically a virgin but is of good reputation,
for vagrancy, and who took her to a certain house where he
had sexual intercourse with the girl with her consent, is liable
for qualified seduction because:

A: The policeman is a person in public authority and such

term includes any person exercising public authority, whether
directly or as an agent

Q: Where X and Others grabbed a 16-year old girl, dragged

her to a nearby forest and there brutally ravished her, the
crime is:

A: Forcible abduction with rape

Q: Acts of lasciviousness may be distinguished from

attempted rape in terms of:

A: The intent of the offender.

Q: Even if the accused had been charged with acts of

lasciviousness for having inserted his finger into the genital or
anal orifice of the victim,

A: He cannot be convicted of rape by sexual assault under

Art. 266-A, paragraph 2, because he cannot be punished for
an offense graver than that with which he was charged.

Title 12 Crimes against civil status of persons

Q: Distinguish bigamy from adultery.

A: Answer on your own. Samplex did not get full points.

ALS BLOCK F 2022

Title 13 Crimes against honor roadrollers, Sakai brand, subject of the criminal complaint
before the Office of the City Prosecutor of Pasig City by the
Q: Intriguing against honor is similar to defamation in that corporation through Mr. DC, Jr., and the information filed in
they both: court, had been purchased by me in cash from the said
corporation and had already been paid on June 28, 1993”. On
A: Aim to blemish the honor or reputation of another. the basis thereof':

Q: Which of the following is not a criterion in determining A: DC, Jr. cannot be held liable for the crime of incriminating
whether slander by deed is of a serious nature: an innocent person.

A: The intent of the offender. Q: How is incriminatory machination committed?

Q: To sustain a conviction of a publisher for libel under Article A: Answer on your own. Samplex did not get full points.
360 of thc Revised Penal Code:

A: It is not necessary that the publisher knowingly Title 14 Quasi-offenses

participated in or consented to the preparation and
publication of the libelous article, but he must be shown to -None in samplex-
have acted as "author, editor, or proprietor" despite his
designation as "printer/publisher".
Title 15 Final provisions
Q: In the law on libel, what is meant by “malice in law” and
the relevance of that concept in reaching a conviction for -None in samplex
libel?

A: Malice in law means that in cases of libel, malice is always Uncategorized Q&As
presumed unless shown that the communication is a
privileged one. Unless the accused shows that the Q: XX filed an Affidavit-Complaint, charging warrantless
communication is not malicious or a privileged one, he will be search and accusing YY and Others conducting a search on his
convicted of libel. vehicle without being armed with a valid warrant. Does the
complaint for warrantless search charge a criminal offense?
Q: In the context of the law on libel, (a) discuss the notion of
“privileged communication”, its types and the legal A: No, warrantless searches of vehicles have not been defined
consequences thereof; (b) when is “proof of truth” a defense. and penalized by law as crime

A: Answer on your own. Samplex did not get full points. Q: The widespread practice of unscrupulous police officers of
making, "invitations to persons being investigated in
Q: Discuss the rules on venue in the filing of libel cases, connection with an offense he is suspected to have
indicating in particular to whom they are meant to apply. committed:

A: Answer on your own. Samplex did not get full points. A: Is not per se punishable under Republic Act No. 7438,
which merely considers questioning pursuant to such
Q: B, Jr. admits having written a letter alleged to contain a "invitations" as a form of custodial investigation.
libelous imputation. The letter itself states that the same was
copy furnished to all concerned. Also, B. Jr. had dictated the
letter to his secretary. Finally, the letter, when found in the
mailbox, was open, not contained in an envelope. Under the
circumstances, is B, Jr. liable for libel; why?

A: Yes. B, Jr. is liable for libel. For the requisite of publicity to

be present, it is enough that if the letter is read to a third
person. Also the letter was not sealed in an envelope and was
open for everyone to read.

Q: The pertinent portion of X's complaint-affidavit for

incriminating an innocent person reads: “14. In light of this
newly discovered evidence, the complaint of Seishin
International Corporation[,] represented by Mr. DC, Jr.[,] and
the testimony of the latter in support of the complaint are
false, unfounded and malicious because they imputed to me a
crime of Estafa which in the first place I did not commit, as
evidenced by the fact that the subject two (2) units of

ALS BLOCK F 2022