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Criminal Law II Final Exam

Daryl is liable for rebellion but not treason. Pedro is not liable for violation of RA 9262. Laygenie, the jailguard, and Cueco committed various crimes related to jail escape. Tapia, Credo, and their friends committed alarms and scandal. Binzpak committed indirect assault. The defendants committed robbery with rape. Mr. Pacquiao committed concubinage. A committed grave coercion. Mr. A may be charged with reckless imprudence. The prosecutor must prove rape was non-consensual. A warrantless arrest is lawful under certain conditions. Offering gifts to a public officer is corruption regardless of acceptance.

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Angel Saguban
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134 views2 pages

Criminal Law II Final Exam

Daryl is liable for rebellion but not treason. Pedro is not liable for violation of RA 9262. Laygenie, the jailguard, and Cueco committed various crimes related to jail escape. Tapia, Credo, and their friends committed alarms and scandal. Binzpak committed indirect assault. The defendants committed robbery with rape. Mr. Pacquiao committed concubinage. A committed grave coercion. Mr. A may be charged with reckless imprudence. The prosecutor must prove rape was non-consensual. A warrantless arrest is lawful under certain conditions. Offering gifts to a public officer is corruption regardless of acceptance.

Uploaded by

Angel Saguban
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Saguban, Angel Khaille L.

Criminal Law II

1. A. No, Daryl is not liable for treason for under Art. 113 of the Revised Penal Code, treason is a
“war crime”, it cannot be committed in times of peace. The elements of treason are absent on
the facts provided.
B. Yes, Daryl is liable for Rebellion. On the facts presented, there is evident uprising and taking
up arms against the government with the purpose of overthrowing said government which are
both an element of the crime of rebellion.

2. A. No, Pedro is not liable for violation of RA 9262 for there is no deceit nor any romantic
relationship between Pedro and Pink anymore which is an element for the violation of such act.
B. The “Battered Woman Syndrome” is a defense used by victim-survivors of battered wives who
on the act of defending themselves, injures or kills their abusers does not incur any criminal or
civil liability. And the phases of which are 1. Tension-building phase, 2. Acute Battering incident
and 3. The tranquil and loving state.

3. A. The crime committed by Laygenie was delivering persons from jail for helping in the escape of
Cueco by means of making out with the jailguard to distract him from his duty. Jailguard Enrera
committed the crime of evasion through negligence for letting a prisoner escape under his
custody due to negligence. Cueco on the other hand, committed the crime of evasion of
sentence by escaping from the penal institution he is confined.

4. A. They all committed the crime of Alarms and Scandal. Tapia and his friends for causing public
disturbance while intoxicated while Credo, being annoyed for disregarding his warning,
discharged a firearm in public not pointed to Tapia or any of his friends which was calculated to
cause alarm or a warning of an incoming danger if Tapia and his friend fail to stop their act that
disturbed Credo. Credo may also be charged for reckless imprudence resulting to less serious
physical injuries for the wounds obtained by Tapia and being confined at the hospital for 26
days.

5. A. The crime committed by Binzpak to Darmu was indirect assault for attacking someone who
came to the aid of the person with authority who was Mayor Isko Marina.

B. Yes, my answer would be the same. A police officer is still an agent of authority and was on
the occasion of conducting his official duties.

6. A. The crime committed is special complex crime of robbery with rape.


B. Yes, the crime of rape will also apply against the two defendants for the crime of rape was
committed on the occasion of the robbery which they all conspired to commit and both of them
did not stop their members in committing such act. It is a general rule in conspiracy that the act
of one is the act of all.
7. A. The crime committed by Mr. Pacquiao is concubinage. One of the elements of the crime of
concubinage is that the offender is a married man and engages in sexual relationship other than
his wife in the conjugal dwelling. Angelica B, being treated as an adopted child, lived with them
in their conjugal dwelling.
8. A. The crime of grave coercion is committed by A for the taking of a property with force albeit it
was made only under the claim of ownership. There would be no other crime committed for A
cannot be held liable for robbery based on “Actus non facit reum, nisi mens sit rea” and the
belief of ownership negates any intention to gain.
B. Yes, it would still be the same. He still used force upon taking what he believed to be his
personal property.

9. A. Under article 365 of the Revised Penal Code, Mr. A may be charged for the crime of reckless
imprudence resulting to serious physical injuries for giving, without malice, Mr. Y the wrong
medicine, which nearly caused the latter’s death.

10. A. No, the prosecutor must prove beyond reasonable doubt that the defendant committed the
act of sexual penetration against the other person’s will since only the two people are involved
and may be the only witness and there may be little evidence for such act, before the charge to
can prosper.

B. No, because there would be no crime committed unless Piolo forced to consummate the act
even after Bea’s protest.

11. A. Under the law, a warrantless arrest is lawful when in the presence of a police officer, the
person to be arrested has committed, is committing, or is attempting to commit an offense, this
is the in flagrante delicto rule. Next is when there is probable cause based on personal
knowledge that the person has committed a crime, otherwise called “hot pursuit”. And lastly,
when the person has escaped from a penal establishment.

12. Under the law, when any person offers gifts, offers, or promises to a public officer, he will be
liable for the crime of corruption of public official, it is immaterial if the public officer accepted
the gift or not.

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