UNIVERSITY OF THE CORDILLERAS COLLEGE OF LAW Baguio City CRIMINAL LAW 2 POINTERS FOR THE MIDTERM EXAMINATION Please focus on (preferably memorize) the essential clements/rules/fundamentals of the following concepts/principles/subject matter. Read and refer also to all the cases we have studied. LON TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 1, Human Security Act of 2007 (R.A. 9372) a. Memorize the predicate crimes for violation of the Human Security Act to attach. b. Memorize the elements of terrorism. 2. MEANING OF AID AND COMFORT IN TREASON 3. MISPRISION OF TREASON 4, DISTINCTIONS BETWEEN ESPIONAGE AND TREASON 5. WHO CAN BE HELD LIABLE UNDER ARTICLE 121 6. ACTS PUNISHED AS PIRACY 7. DISTINCTIONS BETWEEN PIRACY AND ROBBERY ON THE HIGH SEAS 8. Modes of committing treason and ways of proving treason. 9. Punishable Acts and Ways of Commission of Espionage under Commonwealth Act No. 616, June 04, 1941 (AN ACT Page 1 of 14 University of the Cordilleras College of Law Pointers for the Midterm Exai10. 11. 32, 13. 14. 15. 16. 17. 18. 199 TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST THE NATIONAL SECURITY). Memorize acts punishable in PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974) and memorize the elements of Qualified Piracy under P.D. 532. Read all related cases. Include the case of PEOPLE vs. TULIN, G.R. No. 111709, August 30, 2001. Distinguish Highway Robbery under Presidential Decree No. 532 from Robbery committed on a highway. Read all the cases. A Philippine Air Lines aircraft is bound for Davao. While the pilot and co-pilot are taking their snacks at the airport lounge, some of the armed men were also there. The pilots were followed by these men on their way to the aircraft. As soon as the pilots entered the cockpit, they pulled out their firearms and gave instructions where to fly the aircraft. Does the anti hi- jacking law apply? NECESSARY REQUISITES BEFORE THE ANTI-HIJACKING LAW OR R.A. 6235 MAY APPLY. WHEN IS AN AIRCRAFT CONSIDERED IN FLIGHT? IF THE AIRCRAFT IS OF FOREIGN REGISTRY, IS IT REQUIRED THAT IT IS IN FLIGHT BEFORE RA. 6235 APPLIES? IS THERE HIJACKING IN THE ATTEMPTED STAGE? IN THE COURSE OF THE HIJACKING, A PASSENGER OR COMPLEMENT WAS SHOT AND KILLED. WHAT CRIME OR CRIMES WERE COMMITTED? IF THE AIRCRAFT IS OF PHILIPPINE REGISTRY BUT IT IS NOT IN FLIGHT AND ANY OF THE FOUR CIRCUMSTANCES MENTIONED UNDER R.A. 6235 IS COMMITTED, WHAT LAW APPLIES? Mrs. X was on board her Mercedes Benz, when her personal driver, Isabelo pulled over the side of the highway. A man, who introduced himself as Mito, boarded the car. Isabelo Page 2 of 14 University of the Cordilleras College of Law Pointers for the Midterm Examsexplained to Mrs. X that Mito was his nephew and they wanted to get money from her. At this juncture, Mito poked a gun at Mrs. X’s neck. Frightened, Mrs. X immediately handed over to Mito all the money in her bag. Are Isabelo and Mito liable for highway robbery under P.D. 532 for the reason that the robbery was committed along a highway? 20. A war between Philippines and China was declared as the latter sought to invade the country. Members of the Chinese army then bought bandages from a drugstore owned by Rufino. When the Philippine army found out, Rufino was charged and later on convicted of treason. Was his conviction proper? Explain. 21. While the S.S. Nagoya Maru was negotiating the sea route from Hongkong towards Manila, and while still 300 miles from Aparri, Cagayan, its engines malfunctioned. The Captain ordered the ship to stop for emergency repairs lasting for almost 15 hours. Due to exhaustion, the officers and crew fell asleep. While the ship was anchored, a motorboat manned by renegade Ybanags from Claveria, Cagayan, passed by and took advantage of the situation. They cut the ship's engines and took away several heavy crates of electrical equipment and loaded them in their motorboat. Then they left hurriedly towards Aparri. At daybreak, the crew found that a robbery took place. They radioed the Aparri Port Authorities resulting in the apprehension of the culprits. Supposing that while the robbery was taking place, the culprits stabbed a member of the crew while sleeping. What crime was committed? Explain. Il. ON TITLE I: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE 1. Who are the persons liable for violation of the Anti-Torture Act (RA 9745) 2. CLASSES OF ARBITRARY DETENTION. 3. WHAT ARE THE LEGAL GROUNDS FOR DETENTION? Page 3 of 14 University of the Cordilleras College of Law Pointers for the Midterm Exams Pieter oe gee ne ane4. WHEN IS AN ARREST BY A PEACE OFFICER OR BY A PRIVATE PERSON CONSIDERED LAWFUL? 5. WHAT IS THE DIFFERENCE BETWEEN VIOLATION OF DOMICILE AND TRESPASS TO DWELLING? 6. Punishable Acts in the Anti-Torture Act of 2009 (R.A. 9745). 7 Rule in Unlawful Arrest and Incriminating An Innocent Person. » May arbitrary detention be committed if the offended party is not kept within an enclosure to restrict him of his freedom of locomotion? Read all related cases include the case of ASTORGA vs. PEOPLE, G.R. No. 154130, October 1, 2003. b. A police officer surreptitiously placed a marijuana stick in a student's pocket and then arrested him for possession of marijuana cigarette. What crime can the police officer be charged with? I. ON TITLE III: CRIMES AGAINST PUBLIC ORDER 1, Enumerate the Crimes Against Public Order 2. RA 10591 ON THE NEW FIREARMS LAW. 3. Memorize Section 29. Use of Loose Firearm in the Commission of a Crime. - The use of a loose firearm, when inherent in the commission of a crime punishable under the Revised Penal Code or other special laws, shall be considered as an aggravating circumstance: Provided, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is lower than that prescribed in the preceding section for illegal possession of firearm, the penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime charged: Provided, further, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is equal to that imposed under the preceding section for illegal possession Page 4 of 14 University of the Cordilleras College of Law Pointers for the Midterm Exams on Aaa cae10. ee 12. 13. 14. 15. 16. of firearms, the penalty of prision mayor in its minimum period shall be imposed in addition to the penalty for the crime punishable under the Revised Penal Code or other special laws of which he/she is found guilty. DEFINITON AND LIABILITY: . FIREARM . AMMUNITION . ANTIQUE FIREARM . DEMILITARIZED FIREARM. . IMITATION FIREARM . LOOSE FIREARM . PLANTING OF EVIDENCE (SECTION 38) emmoom> Enumerate the coverage of an unlicensed firearm under the new firearms law. Kinds of firearm under 10591. PERSONS LIABLE IN REBELLION DISTINCTIONS BETWEEN REBELLION AND SUBVERSION REBELLION VS. COUP D'ETAT COUP D'ETAT AND THE NEW FIREARMS LAW DIFFERENCE BETWEEN INCITING TO REBELLION AND PROPOSAL TO COMMIT REBELLION DIFFERENCE BETWEEN SEDITION FROM CRIME OF TUMULTS AND OTHER DISTURBANCE OF PUBLIC ORDER. PERSONS LIABLE IN ILLEGAL ASSEMBLY ACTS PUNISHABLE IN ALARMS & SCANDALS REPUBLIC ACT NO. 6968 (COUP D'ETAT). How is the crime of coup d’état committed? Distinctions between rebellion and coup d’état. Can there be a complex crime of coup d'état with sedition? If the attack in coup d'état is quelled but the leader is unknown, who shall be deemed the leader thereof? Page 5 of 14 University of the Cordilleras College of Law Pointers for the Midterm Exams TE17. 18. 20. 21. 2m 23. 24. 25. 26. 27. Supposing a public school teacher participated in a coup d’état using an unlicensed firearm. What crime or crimes did he commit? Distinguish between rebellion and coup d'état based on their constitutive elements as criminal offenses. INCITING TO REBELLION / INSURRECTION/ SEDITION/ INCITING TO SEDITION. Memorize elements of rebellion and sedition. Read all related cases include the case of PEOPLE vs. DASIG, 221 SCRA 549. Memorize elements of sedition and statements constituting Inciting to Sedition. During the May 2010 elections, five persons, armed with guns and knives, attacked a jeepney wherein eight policemen, the chief of police, and other passengers were riding. Two policemen, the jeepney driver and two children were killed while two policemen were wounded. The accused were charged with the crime of sedition, Was a crime of sedition committed? What are the elements of sedition? WHO ARE PUBLIC OFFICERS? The 3 ways of committing arbitrary detention. Distinctions between violation of domicile and trespass to dwelling. Memorize RPC, Article 157 on evasion of service of sentence. Illegal firearms as an element of the crimes of rebellion, insurrection, sedition, or attempted coup d'état. Master the cases as regards the absorption principle in relation to complex crimes. Include cases on when it becomes aggravating only without absorption. Can the trial court convict the accused of two crimes: murder and illegal possession of firearms? How about direct assault and illegal possession of firearms? Page 6 of 14 University of the Cordilleras College of Law Pointers for the Midterm Exams eg ee le ee28. 29; 30. 31. 32. 33. 34, If in the commission of direct assault with multiple attempted homicide the accused used an unlicensed firearm, can the accused be convicted separately of the offenses of (a) illegal possession of firearms under PD 1866, as amended by RA 8294, and (b) direct assault with attempted homicide? Read all cases include the case of PEOPLE vs. LADJAALAM, G.R. Nos.136149-51. September 19, 2000. Memorize Distinctions between Public Officer, Person in Authority and Agent of a Person in Authority. Cases on direct assault, qualified direct assault and indirect assault. Distinctions between Direct Assault and Resistance. Definition of CHARIVARI. VC, JG. GG and JG conspired to overthrow the Philippine Government. VG was recognized as the titular head of the conspiracy. Several meetings were held and the plan was finalized. JJ, bothered by his conscience, confessed to Father Abraham that he, VG, JG and GG have conspired to overthrow the government. Father Abraham did not report this information to the proper authorities. Did Father Abraham commit a crime? If so, what crime was committed? A,a lady professor, was giving an examination. She noticed B, one of the students, cheating. She called the student's attention and confiscated his examination booklet, causing embarrassment to him. The following day, while the class was going on, the student, B, approached A and, without any warning, slapped her. B would have inflicted further injuries on A had not C, another student, come to A's rescue and prevented B from continuing his attack. B turned his ire on Cand punched the latter. What crime or crimes, if any, did B commit? Why? IV. ON TITLE IV: CRIMES AGAINST PUBLIC INTEREST 1. Enumerate the Crimes Against Public Interest Page 7 of 14 University of the Cordilleras College of Law Pointers for the Midterm Exams2. Explain the cycle of laundering under the Anti-Money Laundering Act (R.A. No, 9160)? ae PRESUMPTION OF FALSIFICATION. 4. DISTINCTIONS BETWEEN PERJURY AND _ FALSE TESTIMONY 5. A person falsified a private document and used the same to obtain fraudulent gain by means of deceit. Is the charge of estafa through falsification proper? 6. When can malversation be committed by private individuals? In malversation of public funds, the offender's return of the amount malversed has what effect? 7 Paolo was charged with homicide before the Regional Trial Court of Manila. Andrew, a prosecution witness, testified that he saw Paolo shoot Abby during their heated argument. While the case is still pending, the City Hall of Manila burned down and the entire records of the case were destroyed. Later, the records were reconstituted. Andrew was again called to the witness stand. This time he testified that his first testimony was false and the truth was he was abroad when the crime took place. The judge immediately ordered the prosecution of Andrew for giving a false testimony favorable to the defendant in a criminal case. Will the case against Andrew prosper? 8. A falsified official or public document was found in the possession of the accused. No evidence was introduced to show that the accused was the author of the falsification. As a matter of fact, the trial court convicted the accused of falsification of official or public document mainly on the proposition that "the only person who could have made the erasures and the superimposition mentioned is the one who will be benefited by the alterations thus made" and that "he alone could have the motive for making such alterations". Was the conviction of the accused proper although the conviction was premised merely on the aforesaid ratiocination? Explain your answer. Page 8 of 14 University of the Cordilleras College of Law Pointers for the Midterm Exams par pees yrVv. ON TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS 1, 10. 11. 12. mm Republic Act No. 9165, known as Comprehensive Dangerous Drugs Act of 2002. Acts punishable. Definition of Trading and Adinistration. Also, Financier and Protector/Coddler. Estipona vs. Lobrigo case on plea bargaining with focus on when a plea to the lesser offense is allowed. What must be proven in the prosecution for illegal sale of dangerous drugs? What must be proven in the prosecution for illegal delivery of dangerous drugs? What must be proven in the prosecution for illegal possession of dangerous drugs? Review Section 21 (a-g) on the Manner of Custody and Disposition of Confiscated and Seized Drugs. Focus on: a. Initial control of the apprehending team. b. Inventory of the items. c. Marking and photographs. Four links in the chain of custody that must be proven. The function of the chain of custody and effect of non- compliance. The “objective test in buy-bust operations and validity thereof. Effect of non-presentation of the forensic chemist, buy-bust money and photographs during inventory. Validity of “Decoy Solicitations” PERSONS LIABLE IN THE CRIME OF COUNTERFEIT DRUGS. M was 17 years old when he was charged for violation of Page 9 of 14 University of the Cordilleras College of Law Pointers for the Midterm ExamsSec. 5 of RA. 9165 (illegal sale of prohibited drug). By the time he was convicted and sentenced, he was already 21 years old. The court sentenced him to suffer an indeterminate penalty of imprisonment of six (6) years and one (1) day of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum, and a fine of P500,000. M applied for probation but his application was denied because the probation law does not apply to drug offenders under R.A. 9165. Michael then sought the suspension of his sentence under RA. 9344 or the Juvenile Justice and Youth Welfare Code. Can M avail of the suspension of his sentence provided under this law? Explain. VI. ON TITLE VI: CRIMES AGAINST PUBLIC MORALS a. Classification of acts punishable under the Anti-Trafficking in Persons Act of 2003 (RA 9208), Trafficking, Attempted Trafficking, Acts to Promote Trafficking, Qualified Trafficking, Violation of Confidentiality, Use of Trafficked Persons. What acts are considered as “qualified trafficking in persons” and what is the penalty? DEFINITION OF ILLEGAL NUMBERS GAME DIFFERENCE BETWEEN GRAVE SCANDAL AND ALARMS AND SCANDAL DEFINITION OF PROSTITUTES AND MENDICANTS VII. ON TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS a. 2. Enumerate the Crimes Committed by Public Officers Enumerate the acts punished as corrupt practices of public officers in the context of Sec. 3 of RA 3019? Page 10 of 14 University of the Cordilleras College of Law Pointers for th idterm Exai10. 11. 12. ‘13. 14. oS. ACTS CONSIDERED AS BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR. BRIBERY & CORRUPTION OF PUBLIC OFFICIAL DISTINCTIONS BETWEEN DIRECT BRIBERY AND INDIRECT BRIBERY Memorize the elements of bribery. Offenses under the Anti-Money Laundering Act (R.A. No.9160). Memorize the cycle of laundering. DIRECT BRIBERY, INDIRECT BRIBERY and CORRUPTION OF PUBLIC OFFICIALS. Effect if a public officer immediately returns the bribe money handed over to him, ANTI-GRAFT & CORRUPT PRACTICES ACT (R.A. 3019). Definition of gross negligence and ill-gotten wealth. Granting Immunity from Prosecution To Givers Of Bribes And Other Gifts And To Their Accomplices In Bribery And Other Graft Cases Against Public Officers. Who may be granted immunity under the Act? ANTI-PLUNDER ACT RA 7080. Memorize punishable acts in the crime of plunder under the Plunder Law (R.A. No. 7080), Read the case of SERAPIO vs. SANDIGANBAYAN, G.R.No. 148468, January 28, 2003. What is meant by “combination” and “series” of overt or criminal acts under the Plunder Law? Read ESTRADA vs. SANDIGANBAYAN, GR No. 148560, November 21, 2001. Is the crime of plunder malum in se or malum prohibitum? Read the case of Joseph Ejercito Estrada vs. Sandiganbayan, G.R. No. 148560, November 21, 2001. MALVERSATION OF PUBLIC FUNDS OR PROPERTY. When can malversation be committed by private individuals? Definition of Technical Malversation. Distinction of Malversation from Technical Malversation. Page 11 of 14 University of the Cordilleras College of Law Pointers for the idterm Exams18. 19% 20. 21. In malversation of public funds, the offender's return of the amount malversed has what effect? May the crime of Malversation be committed by a private individual? May private property be the subject matter of the crime of Malversation? A, a detention prisoner, was taken to a hospital for emergency medical treatment. His followers, all of whom were armed, went to the hospital to take him away or help him escape. The prison guards, seeing that they were outnumbered and that resistance would endanger the lives of other patients, deckled to allow the prisoner to be taken by his followers, What crime, if any, was committed by A's followers? Randy, an NBI agent, was issued by the NBI an armalite rifle (MI6) and a Smith and Wesson Revolver. Cal. 38. After a year, the NBI Director made an inspection of all the firearms issued. Randy, who reported for work that morning, did not show up during the inspection. He went on absence without leave (AWOL). After two years, he surrendered to the NBI the two firearms issued to him. He was charged with malversation of government property before the Sandiganbayan. Randy put up the defense that he did not appropriate the armalite rifle and the revolver for his own use, that the delay in accounting for them does not constitute conversion and that actually the firearms were stolen by his friend, Santiago. Decide the case. Petitioner, a BIR official tasked to examine the Books of Accounts for Income and Business Tax and other accounting records of professionals, one day appeared in the complainant's office and told the latter that his tax deficiencies would amount to P500,000.00. Because his books were not examined, complainant entertained the idea that it was the start of an extortion, and he tried to negotiate for a smaller amount. He requested the assistance of the NBI for an entrapment operation. On the set payoff date, petitioner appeared in the complainant's office. The meeting ensued and the complainant handed an envelope with the planted money. Petitioner accepted the Page 12 of 14 University of the Cordilleras College of Law Pointers for the idtermenvelope, opened it, looked inside and saw the money. He then closed the envelope and placed it in front of him. After that, the NBI apprehended him. Is demand, coming from the accused public officer, necessary to convict him under Section 3 (b) of R.A. 3019? IMPORTANT REMINDERS: © When answering, read each question very carefully and write your answers in your examination notebook in the same order the questions are posed. Write your answers only on the front, not the back, page of every sheet in your notebook. Note well the allocated percentage points for each number, question, or sub-question. In your answers, use the numbering system in the questionnaire. © Answer the questions legibly, clearly, and concisely. Start each number on a separate page even if it is only a sub-question. © Amere "Yes" or "No" answer without any corresponding explanation or discussion will not be given any credit. Thus, always briefly but fully explain your answers although the question does not expressly ask for an explanation. At the same time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the question in your Notebook. © You can use the questionnaire for notes you may wish/need to write during the examination. © Submit the QUESTIONNAIRE together with your notebook. e Indicate the page numbers at the upper right hand portion of your examination notebook. e Do not tear any page of your notebook. e Do not forget your margins. e Remember that AN ERASED ANSWER IS A WRONG ANSWER. e Prepare for your best joke. Page 13 of 14 University of the Cordilleras College of Law Pointers for the Midterm ExamsNOTE: * Please bring your annotated books (highlighted) on the day of the exam. © Record books are to be submitted also on the day of the exam, © Do not forget to bring notebooks (80 pages). Buy notebooks that have no margins yet. No spiral notebooks please. Do not write your name yet. * For those who reported on Special Laws, please email your report/powerpoint presentation to isaganicalderon@yahoo.com ® Study well. God bless you. DO NOT FORGET TO SMILE. 1GC Page 14 of 14 University of the Cordilleras College of Law Pointers for the Midterm Exams