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  1. Penalties (10%) What are the penalties that may be served simultaneously?   1 comment: Anonymous said... Under Article 70 of the Revised Penal Code, when the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit. Thus: 1. The principal penalty shall be served simultaneously with its corresponding accessory penalty; 2. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional, aresto mayor, aresto menor, destierro, disqualification, or suspension may be served simultaneously with fine. 2. Shabu Session (10%)  Tiburcio asked Anastacio to join their group for a “session.” Thinking that it was for a mahjong session,  Anastacio agreed. Upon reaching Tiburcio’s house,  Anastacio discovered that it was actually a shabu session.  At that precise time, the place was raided by the police, and Anastacio was among those arrested. What crime can Anastacio be charged with, if any? Explain your answer.   1 comment: Anonymous said... Anastacio cannot be charged with a crime. A crime is committed when criminal intent is accompanied by a criminal act. Regarding the shabu session, not only did he not have any intent to join the illegal session, he also did not perform any act at all that could inculpate  him. Regarding his intent to commit gambling (as mahjong is a form of gambling), this is not punishable because criminal intent alone is not a crime. 3. Frustrated Robbery, Theft and Homicide (10%)   Jervis and Marlon asked their friend, Jonathan, to help them rob a bank. Jervis and Marlon went inside the bank, but were unable to get any money from the vault because the same was protected by a time-delay mechanism. They contented themselves with the customers’ cellphones and a total of P5,000 in cash. After they dashed out of the bank and rushed into the car, Jonathan pulled the car out of the curb, hitting a pedestrian which resulted in the latter’s death.   What crime or crimes did Jervis, Marlon and Jonathan commit? Explain your answer.   1 comment: Anonymous said... Jervis, Marlon, and Jonathan committed Robbery with Homicide. This special complex crime is committed when by reason or on occasion of the robbery, homicide is committed. In the case at bar, the death of the pedestrian was because or on occasion of the robbery committed by the offenders. Jervis, Marlon, and Jonathan are guilty of the same crime because there is conspiracy between and among them. When Jervis and Marlon asked Jonathan to help them rob a bank, Jervis and Marlon are actually proposing the commission of a felony to Jonathan, and when Jonathan accepted the proposal, conspiracy resulted. Jonathan’s acceptance of the proposal to rob a bank is shown by the fact that he was at the crime scene helping Jervis and Marlon get away. 4. Destierro, Illegal Drug (10%)   Macky, a security guard, arrived home late one night after rendering overtime. He was shocked to see Joy, his wife, and Ken, his best friend, in the act of having sexual intercourse. Macky pulled out his service gun and shot and killed Ken. Macky was charged with murder for the death of Ken.   The court found that Ken died under exceptional circumstances and exonerated Macky of murder but sentenced him to destierro, conformably with Article 247 of the Revised Penal Code. The court also ordered Macky to pay indemnity to the heirs of the victim in the amount of P50,000.   (a) Did the court correctly order Macky to pay indemnity even though he was exonerated of murder? Explain your answer.      (b) While serving his sentence, Macky entered the prohibited area and had a pot session with Ivy (Joy’s sister). Is Macky entitled to an indeterminate sentence in case he is found guilty of use of prohibited substances? Explain your answer.   1 comment: Anonymous said... a. No. Macky is not liable to pay indemnity to the heirs of Ken because when Macky killed Ken, Macky was not performing an unlawful act. Under the law, the act was lawful as it was done under an exceptional circumstance. One cannot be liable, whether criminally or civilly, if he is just performing a lawful act. b. Macky is entitled to an indeterminate sentence in case he is found guilty of use of prohibited substances as this is not one of the exceptions to the application of the Indeterminate Sentence Law. But in case he is found to have evaded the service of his sentence of destierro, he will not be entitled to an indeterminate sentence because when one evades his sentence, said law does not apply. 5. Accomplice, Conspirator, Qualified Seduction (10%)   (a) Distinguish between an accomplice and a conspirator.   (b) What are the three (3) classes of offenders in the crime of qualified seduction? Give an example of each.   1 comment: Anonymous said... a. An accomplice is distinguished from a conspirator as follows: 1. An accomplice is not a principal while a conspirator is a principal; 2. An accomplice is not in conspiracy with the principal by direct participation while a conspirator is. b.  The three (3) classes of offenders in the crime of qualified seduction are as follows: 1. Those who abused their authority. Example is a teacher. 2. Those who abused the confidence reposed on them. Example, a house servant. 3. Those who abused their relationship. Example is an ascendant who seduced his descendant. 6. Inciting to Sedition (10%)   What are the different acts of inciting to sedition?   1 comment: Anonymous said... The different acts of inciting to sedition are the following: 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc; 2. Uttering seditious words or speeches which tend to disturb the public peace; 3. Writing, publishing, or circulating scurrilous libels against the Government or any of the duly constituted authorities thereof, which tend to disturb the public peace. 7. Fake Healer (10%)   Eddie brought his son Randy to a local faithhealer known as “Mother Himala.” He was diagnosed by the faithhealer as being possessed by an evil spirit. Eddie thereupon au thorized the conduct of a “treatment” calculated to drive the “spirit” from the boy’s body. Unfortunately, the procedure conducted resulted in the boy’s death.   The faithhealer and three others who were part of the healing ritual were charged with murder and convicted by the lower court. If you were the appellate court Justice, would you sustain the conviction upon appeal? Explain your answer.   1 comment: Anonymous said... No. Murder is not committed because any of the following circumstances which qualify the killing to murder is not present in the case at bar: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford
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