CRIMINAL LAW II QUIZZES

PROSECUTOR VICTORIA GARCIA

1. The Chinese gov't donated an ambulance to the City of Valentina, Bulacan, for use by the city
government in bringing the sick to the hospital. It was received by the City Mayor. One time, the
ambulance figured in an accident when it was used as service vehicle of the Mayor's children in
going to, and from, the school. What crime/s, if any, is/are committed by the Mayor? Explain.

2. In consideration of P50,000, Policeman Ong refrains from instituting a prosecution charge against
Ben, for the crime of Rebellion. What crime/s is/are committed by Ong? Explain.

3. Dennis, arriving home, was shocked to see Cela, his wife, hugging a man at the gate. Angrily, he
dragged Cela to the house. Inside, Dennis slapped Cela who rushed to the kitchen. Dennis followed,
took a knife and stabbed Cela twice. Cela was 8 months pregnant. Dennis was about to stab Cela a
third time but his arm was hit by Sara with a doll. Dennis turned his ire on Sara, 6-year old child of
their helper, Liz. He slapped & undressed Sara, pinned her on the floor, and inserted his penis into
her genitalia as she cried aloud. Dennis was putting his pants on, when Liz entered the house and
shouted aloud. Dennis stabbed Liz & left. Cela & the fetus inside her womb died. Liz survived only
after medical operation. What crime/s is/are committed by Dennis? Explain.

SUGGESTED ANSWER:
1) Complex crime of Parricide with Intentional Abortion (Article 246 in relation to Article 256(1).

Dennis’ act of stabbing Cela resulted to two felonies: Parricide for having killed his legitimate
spouse and Intentional Abortion for having killed the 8-month old fetus inside Cela’s womb. it
is intentional abortion because Dennis knew that his wife is pregnant yet he used violence on
her. he stabbed her twice and intended to stab her a third time. This revealed intent to kill
both Cela and the fetus.

Since Parricide and Intentional Abortion, both GRAVE FELONIES, were produced by Dennis’
single act of stabbing, they are complexed under Article 48.

2) Qualified Statutory Rape. Article 266 of the RPC punishes carnal knowledge of a woman under
12 years of age as statutory rape. Under Article 266-B, statutory rape it's qualified when the
victim is a child below 7 years.

In this case, there is no dispute that Sarah was six years old at the time of rape. Hence,
qualified statutory rape.

3) Frustrated Homicide. When Liz entered the house and shouted, Dennis stabbed her. It is
homicide because the use of a knife proved intent to kill, the stabbing happened at the spur of
the moment. No qualifying circumstance of murder is present. it is frustrated because Liz
survived only after medical operation. This means Dennis had performed all the acts of
execution for homicide by inflicting a fatal wound, but least survived you too it cost
independent of his will, the operation.

COMMENTS:
 There is no crime of Rape with Frustrated Homicide or Physical Injuries. Hence, when the
killing by reason or on occasion of rape is not consummated, it will result to a separate and
distinct charge of Frustrated or Attempted Homicide/Murder/Parricide.

4. As Riza was waiting for a ride, Jun, on board his motorcycle passed by, & grabbed Riza's 5-months
old baby Josh from her arms. Jun left a note that states: "P1M Bukas 8am Jollibee Quiapo kung gusto
mo makita buhay anak mo" & sped away.
 The incident was seen by Policemen Sy and Cruz. On board the police car, they chased Jun. When
Jun saw them, he threw Josh on the street. Sy and Cruz stopped their car, picked-up Josh, brought
him to the hospital but the child died due to severe head injuries. What crime/s is/are committed by
Jun? Explain.

5. Lito was driving carefully on his way home, when the tire of his car hit a stone on the road. The
stone flew and hit the right eye of Karl. It started to bleed and Karl could not see so he slumped on
the sidewalk. Afraid of the people's ire, Lito increased the speed of his car and left. Karl was brought
to the hospital and the doctor said his eye injury would heal within 2 weeks. What crime/s is/are
committed by Lito? Explain.

6. Past 11:00 in the evening, Tisoy, wanting to rob the house of Rex, broke the lock of the door &
entered. He thought Rex was fast asleep so he was shocked to see him watching tv. Nervous, he
immediately fired at Rex who fell on the sofa. Tisoy ransacked the house of Rex, taking all his
money, and left.

Rex, though fatally wounded, was able to ask help from his neighbors. Rex surived after an
immediate medical operation, but had to stay in the hospital for 2 months.

Rex was able to identify Tisoy from the gallery of pictures shown to him by the police. Armed w/ a
warrant of arrest, the police looked for Tisoy but failed. A month later, the police got a tip that Tisoy
was seen at VEERUS Mall. Policemen immediately went to said mall, & saw Tisoy outside. When
Tisoy saw the police fast approaching, he opened a parked taxi, stabbed the driver to death,
boarded the taxi, & left. The police chased Tisoy but they lost him.

Sensing that he was able to escaped from the police, Tisoy parked the taxi. He was about to get out
when he took notice of a wallet at the floor of the taxi at the back seat. He took the wallet and upon
opening, he found P2,000.00, $200, and a call center agent ID of one Aurora Remigio. He placed the
wallet inside his bag and left the taxi. He went into hiding from one town to another until he was
arrested in Cebu.

What is/are the crime/s committed by Tisoy? Explain.

SUGGESTED ANSWER:
Tisoy is liable for the following crimes:

First, Special Complex Crime of Robbery with Serious Physical Injuries under article 294 of the RPC.
In the Special Complex Crime of Robbery with Serious Physical Injuries, the original criminal design
of the accused is to rob, and Serious Physical Injuries is inflicted by reason or on occasion of
robbery. As long as the intent is to rob, Serious Physical Injuries may be inflicted before, during, or
after the robbery.

In the case, the original criminal intent of Tisoy was to commit robbery. He entered the house
wanting to rob. He shot Rex ahead of ransacking the house is of no moment as the shooting took
place in order to facilitate the robbery, hence done by reason or on occasion thereof. It is Serious
Physical Injuries because the wound inflicted on Rex made him ill for two months.

Second, Carnapping under Republic Act 10883. The elements of Carnapping are:
a) There is actual taking of motor vehicle that belongs to another;
b) Done with intent to gain; and
c) Without the consent of the owner or with violence against or intimidation of persons or force
upon things.
 Here, Tisoy actually took a taxi with intent to gain, i.e., to facilitate his escape from the police,
after stabbing the driver. Since the killing of the driver took place in the commission of
carnapping, penalty is life imprisonment.

Third, Theft. Under Article 308 of the RPC, any person who having found lost property shall fail to
deliver the same to local authorities or to its owner is liable of theft.

In this case, Tisoy found the lost wallet of Aurora inside the taxi he carnapped, yer he failed to
bring it to the owner or to the authorities.

7. Jen gave Era pieces of jewelry for sale on commission basis. They agreed that Era would remit the
proceeds of the sale and return the unsold items to Jen within 60 days. The period lapsed without
Era remitting the proceeds nor returning the jewelries. Jen demanded by phone that Era remit the
sales’ proceeds and return the unsold items. Era promised to do so but failed. Instead, she issued
postdated checks. Jen made further demands, the last of which was in writing, but they were all
unheeded. When Jen deposited the checks to her account, the drawee bank dishonored them for
insufficient funds. Era was charged with Estafa and Violation of BP22.

Will the charges against Era prosper? Explain.

SUGGESTED ANSWER:
The case of Estafa will prosper. All the elements of Estafa through Misappropriation or
Conversion, under Article 315(1), are present. Jen gave Era pieces of jewelry in trust or on
commission with an obligation to sell or return the same within 60 days, if and sold. There was
misappropriation when Era failed to remit the proceeds of jewelry sold or return the pieces of
jewelry unsold despite demand, to the damage and prejudice of Jen.

Jen’s demand via phone, and later in writing, will suffice. In Corpuz vs. People, the Supreme Court
said the in Estafa through Misappropriation, demand may come in any form. It may be
formal/written or verbal.

However, the case of violation of B.P. 22 will not prosper because Era did not receive a written
demand or notice of dishonor on the checks that bounced.

although proof of receipt of written notice of dishonor is not an element of B.P. 22, it is necessary
in order to establish that the issuer of a check was aware of the insufficiency of funds when he
issued the check dishonored by the drawee bank. said notice of dishonor must be in writing and
received by the drawer of the check as provided for in said law.

8. Tom, a carpenter, found Lala, a unit-owner in the condo bldg where he works, sexy and attractive.
One night, Tom saw Lala alone. He grabbed & boxed Lala, covered her mouth w/ a piece of cloth,
and with lewd designs, carried her to a vacant house. Tom tied Lala to a post and would just stare at
her. But at 3:00am, Tom kissed and undressed her; and despite Lala's pleas and cries, Tom had
carnal knowledge of Lala twice.

a. What crime/s is/are committed by Tom? Explain.

b. What if, upon kissing and undressing Lala, Tom discovered that Lala is a man. Angry, he boxed
and left Lala, tied and naked. When Tom returned drunk, he kissed Lala and inserted his penis
into Lala's anal orifice twice. Would your answer be the same? Explain.

SUGGESTED ANSWERS:
a. Tom is liable for two crimes: the complex crim of Rape through Forcible Abduction, and one
count of Rape.
 Forcible abduction is the taking away of a woman against her will and with lewd designs. In
the case, Tom’s act of grabbing and taking away Lala were at the outset with lewd designs.
Hence, forcible abduction. When Tom had carnal knowledge of Lala against her will and with
force, as she was ties, Rape is committed. Since forcible abduction is a necessary means to
commit rape, a complex crime of rape through forcible abduction arises.

Tom’s second act of rape will bring about a separate and distinct charge of rape as forcible
abduction is no longer necessary to consummate this other act.

b. If Lala is a man, my answer would not be the same because both in Forcible Abduction and
Rape by carnal knowledge, the victim is a woman.

This time Tom is liable for three crimes: Acts of Lasciviousness and 2 counts of Rape by sexual
assault.

The elements of Acts of Lasciviousness under Article 366 are:

1) The accused commits any act of lewdness;
2) It is done by using force or intimidation; and
3) The offended part is another person of either sex.

Here, Tom carried away Lala, who turned out to be day, with lewd designs. His acts of kissing
and undressing Lala while he was tied were acts of lewdness driven by sexual desire, done
with force. Hence, acts of lasciviousness.

When upon returning, Tom kissed Lala, still tied and naked, and inserted his penis into Lala’s
anal orifice twice, he committed 2 counts of Rape by Sexual Assault.

9. NCRPO Chief Sinas and Mr. Ben Sy, a businessman, were guests in the tv show of Karen Davila on
ANC at ABS-CBN studio, Quezon City. On live tv, Sy stated that President Duterte did not go home to
Davao because he was having an affair with a woman and that both are living and cohabiting in
Malacanang. Upon hearing this, Sinas stood up and arrested Sy. Sy was brought to, and charge with
the crime of Libel before, the Fiscal's Office of Quezon City. If you were the assigned Public
Prosecutor, how would you resolve the case? Justify your resolution.

SUGGESTED ANSWERS:
If I were the public prosecutor, I will dismiss the case for want of private complainant.

Article 360 of the Revised Penal Code, as amended, provides that a criminal action for defamation
which consists in the imputation of a crime which cannot be prosecuted de officio shall proceed
only upon a complaint expressly filed by the offended party.

In this case, SY on national television, imputes upon the President the commission of Concubinage
– that he was cohabiting with a woman in Malacanang. Concubinage is a private crime which
cannot be prosecuted de officio, hence, for the charge to prosper, there must be a complaint for
libel expressly filed by the President, the offended party, against Sy. Since there was none, the
case ahs to be outright dismissed.

10. Max was driving a van along a highway. Because of his recklessness, the van hit a car which had
already entered the intersection. As a result, Ben, who was driving the car suffered fatal wounds on
the head. Ben survived because of an immediate medical operation. The damage to the car
amounted to P100,000.00. What is the proper charge against Max? Explain.

SUGGESTED ANSWERS:
 Max should be charged with Reckless Imprudence Resulting in Serious Physical Injuries and
Damage to Property. By reason of Max’s inexcusable precaution in driving, his van hit a car that
resulted to the driver’s fatal injuries and damage to his car.

Although the wound sustained by the driver is fatal, it is only Serious Physical Injuries, and not
frustrated homicide, because there is no intent to kill on part of Max when he bumped the
victim’s car.

11. Is "reckless imprudence" a crime in itself? Or is it only a modality in the commission of a crime.
Explain fully.

SUGGESTED ANSWERS:
Reckless imprudence is a crime in itself. In the case of Ivler vs San Pedro and People vs Sevilla, the
Supreme Court held that reckless imprudence is a single crime and its consequences on persons
and property are material only to determine the penalty. Quasi-offenses, whether reckless or
simple, are distinct species of crimes, separately defined and penalized under Article 355 of the
Revised Penal Code.