Final Examination in CLJ 4 (Criminal Law Book 2)

FINAL EXAMINATION IN CLJ 4 ( CRIMINAL LAW BOOK 2 )
Christian V. Ilagan BsCrim-3A

Test I.
A. Sources of Judgment
[ ] Error
[ ] Revenge
[ ] Bribery
B. Punishable acts of Bribery
[ ] By agreeing to perform in consideration of any offer, promise, gift or present, an act
constituting a crime, in connection with the performance of his official duty
[ ] By accepting a gift in consideration of the execution of an act which does not
constitute a crime, in connection with his official duty
[ ] By agreeing to refrain from doing something which connected in his official duty, in
consideration of gift or promise.
C. Elements of Failure of Accountable Officer to render Accounts
[ ] That the offender is a public officer, whether in the service or separated therefrom
[ ] That he must be an accountable officer for public funds or property
[ ] That he is required by law or regulation to render accounts to the commission on
audit, or to a provincial auditor
[ ] That he fails to do so for a period of two months after such accounts should be
rendered
D. Elements of Conniving with or Consenting to Evasion
[ ] That the offender is a public officer
[ ] That he is in charge in the custody of the prisoner, either detention prisoner or
prisoner by final judgment
[ ] That such prisoner escapes
[ ] That the offender is in connivance with the prisoner in the latter's escape
E. Infidelity of Documents
[ ] Removal, concealment, or destruction of documents
[ ] Officer breaking seal
[ ] Opening of closed documents
F. Essential Element of Parricide
[ ] That a person is killed
[ ] That the deceased is killed by the accused.
[ ] That the deceased is the mother, father, or child whether legitimate or illegitimate,
or any of his other ascendants or descendants, or his legitimate spouse.
G. Elements of Murder
[ ] That a person is killed
[ ] That the accused killed him
[ ] Thar the killing is attended by any of the qualifying circumstances enumerated in
article 248
[ ] That the killing is not parricide nor infanticide
Test II.
A. Grave Scandal consists of acts which are offensive to decency and good customs
which, having been committed publicly, have given rise to public scandal to person who
have accidentally witnessed the same.
B. Public Officers refers to ant person who has the authority to take part in the
performance of public functions in the government, wither by direct provision of the
law, by popular election, or by appointment of competent authority.
C. Bribery is the illegal acceptance of promises or offers or the receiving of gifts or
presents by a public officer, in view of committing a crime, performing an act which does
not constitute a crime, or refraining from doing something in connection with the
performance if his public functions.
D. Indirect Bribery is the illegal acceptance of gifts by a public officer, provided that such
gifts were given by reason of the public office he holds, and that the giver has the intent
to ask some future favor to the public officer.
E. Murder is the unlawful killing of any person, provided that the killing is attended by
any of the qualifying circumstances enumerated in article 248 of the RPC.
F. Homicide is the unlawful killing of a person which neither parricide, murder, or
infanticide.
G. Accidental Homicide it the death of a person brought about by a lawful ac5
performed with proper care and skill, and without homicidal intent.
H. Infanticide is the unlawful killing of a child less than 3 days old, whether the killer is
the parent or grandparent, or ant relative of the child, or a stranger.
I. Duel is a formal or regular combat previously concerted between two parties in the
presence of two or more seconds of lawful age on each side, who make the selection of
arms and fix all other conditions of the fight.
J. Rape is defined as the act of having a sexual intercourse of a man with a woman
against the latter's will, or committed through machinations, or the offender party is less
than 12 years old. It is also the commission of sexual intercourse of man by inserting his
penis into another person's mouth or anal orifice, or any person inserting objects into
another person's genitals of anal orifice.
Test III.
1. Y commits rape which falls under article 266-A, paragraph 1(d). X is only eleven years
old, hence , the act of having sexual intercourse with him by Y makes the crime rape
even if it is not against the will of X.
2. Yes. Under Article 208 of the RPC, when a public officer tolerates the commission of a
crime or refrains from apprehending the offenders, he will be liable for Dereliction of
Duty.
3. The public official who accepted the consideration is liable of bribery because the
mere acceptance of it makes the crime consummated.
4. Yes! Because the policeman is being negligent. He should at least check first the shed
if there is a window at the back of it where the prisoner may escape before allowing him
to let him use the shed as the shed is located in a hidden place.
The policeman did not take all the necessary precautions.
5. The crime committed by the jail officer is Maltreatment of Prisoners under Article
235. The using of Latigo is considered as excessive force which is not authorized by the
law.
6. Yes he will be liable of parricide and the imposable penalty is Reclusion Perpetua.
7. The crime committed by X will depend on the facts that surrounds the killing. I have
to qualify answer. If the killing by X of his brother does not attended by any of the
qualifying circumstance enumerated in article 248, the crime committed is only
Homicide. But if the killing is attended by any of the qualifying circumstances under
article 248, the crime is Murder.
8. The crime committed by the husband is parricide while the crime committed by the
killer is murder.
9. No. A will not be liable of parricide. Adopted Descendants is not included in the
provision of article 246, as offender as concerned. Hence, adopted descendants cannot
be held liable for the crime of parricide.
10. The charge is correct. A, before the day of the killing, had sufficient time to
contemplate a plan to kill B.

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FINAL EXAMINATION IN CLJ 4 ( CRIMINAL LAW BOOK 2 )

Christian V. Ilagan BsCrim-3A

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