1. State the characteristics of criminal law and explain each.

Characteristics of CRIM LAW

A: There are three (3) characteristics of Criminal Law

First – Generality – this refers to Person that defines as like any other law is binding on all
persons who live or soujourn in the Philippine territory.
Second – Territoriality – This refers to Places, that its application of Philippine penal statute are
enforceable only within its territory.
Third – Prospectivity – Penal law where you cannot act punishable in a way it was not punishable
at the time of its commission. Unless penal laws which is favorable to the accused is given
retroactive effect.

2. After drinking one (1) case of San Miguel beer and taking two plates of “pulutan", Binoy, a
Filipino seaman, stabbed to death Sio My, a Singaporean seaman, aboard M/V “Princess of the
Pacific", an overseas vessel which was sailing in the South China Sea. The vessel, although
Panamanian registered, is owned by Lucio Sy, a rich Filipino businessman. When M /V
“Princess of the Pacific" reached a Philippine Port at Cebu City, the Captain of the vessel
turned over the assailant Binoy to the Philippine authorities. An Information for homicide was
filed against Binoy in the Regional Trial Court of Cebu City. He moved to quash the Information
for lack of jurisdiction. If you were the Judge, will you grant the motion? Why? (5%) –

REFERENCE ART. 2

A: Yes. Motion will be granted for lack of Jurisdiction. As the commission of the crime does not
inflict the PH RPC.

In Art. 2 of the PH RPC in Territoriality the General rule is that the enforcement of the Law shall be
within the Philippine Archipelago, including its atmosphere, fluvial and maritime zones.

The PH RPC can be enforced outside the PH if the following elements are done

I. The crime should be committed while in a PH ship or Airship.

II. Public officers or employees in exercise of their functions or crimes committed

within PH embassy (Extra-territoriality)

III. Crimes committed against National Security and Law of Nations

IV. Should Forge or Counterfeit PH notes or securities issue by PH Gov.

V. Acts connected with the introduction of forged or counterfeit notes or securities of

PH Gov.

VI. Treaties and Laws of referential application.

 - While in this case, even if the vessel is a Filipino owned. The vessel is not registered in the
Philippines.

- this happened even in the South China Sea which is not even in the exclusive economic
zone.

- crime committed not concerns a National Security.

There for the elements are not sufficient to enforce the validity of the crime as this lacks of
Jurisdiction to enforce the PH RPC. Motion will be granted.

3. What do you understand by Aberratio ictus; Error in Personae; and Praeter Intentionem? Do
they alter the criminal liability of an accused? Do they alter the criminal liability of an accused?
Explain.

REF: ART. 4 – CRIMINAL LIABILITY

Yes. It will alter the criminal liability of an accused to a greater extent or lesser extent. As said in Art. 4 of
the RPC that any person committing a crime although the wrongful act done be different from what is
intended. And by performing an act to which an offense against persons or property, were it not for the
inherent impossibility of its accomplishments or an account to employment of inadequate or ineffectual
means. ( Impossible Crime )

How I understand the ff:

- Aberratio Ictus (Mistake of Blow) - an offender delivered a blow at his intended victim but missed
or the blow passes through the victim, instead it landed on an unintended victim.

- Error in personae – intended results falls on another person due to an error of identity

- Praeter Intentionem – Injurious effect is greater than what is intended.

4. Distinguish between ex post facto law and bill of attainder (2015)

A: Ex Post Facto law – Penal Laws which have a Retroactive effect that are prejudicial to the
accused.

To explain further Ex post Facto Law:

- Makes Criminal an act, done before the passage of the Law, and which was innocent when
done, and punishes such act.
- Aggravate a crime, or makes it greater than it was when committed
- Changes the punishment or inflicts greater punishment than annexed to the crime when
committed.
- Alters legal rules of evidence, and the authority’s conviction upon less or different testimony
than the law required at the time of the commission of the offense.

- Assumes to regulate civil rights and remedies only, in the effect imposes penalty or deprivation
of the right for something which when done was lawful.

- Deprives a person accused of a crime some lawful protection to which he has become entitled.

Bill of Attainder – a legislative act which inflicts punishment on individuals without judicial trial
- A bill which violates Due Process, and violates the presumption of innocence

Ex post facto law is any law which makes an innocent act a crime after the act was committed.
It is a Latin phrase which means “from something done afterwards.” It could also be a law
which aggravates a crime, or makes it greater than when it was committed, or which changes
the punishment and inflicts a greater penalty than the law governing the crime when
committed. A bill of attainder is a law which inflicts punishment on a named individual or a
group of individuals without judicial trial.

Ex post facto law pertains to the act while a bill of attainder pertains to a named individual or
to members of a group.

5. Distinguish between crimes mala in se and crimes mala prohibita.

A: Mala In Se are those acts inherently immoral. Criminal intent is established including those
other elements of the crime; otherwise, no crime is committed. Mala Prohibita are those which
 become crimes because it is prohibited by Law. This determines whether the law has been
violated. Malice or criminal intent is completely immaterial.

6. Bhey eloped with Scott. Whereupon Bhey’s father, Robin, and brother, Rustom, went to Scott’s
house. Upon reaching the house, Rustom inquired from Scott about his sister’s whereabouts,
while Robin shouted and threatened to kill Scott. The latter then went downstairs but Rustom
held his (Scott’s) waist. Meanwhile Olive, the elder sister of Scott, carrying her two-month-old
child, approached Rustom and Scott to pacify them. Olive attempted to remove Rustom’s hand
from Scott’s waist. But Rustom pulled Olive’s hand causing her to fall over her baby. The baby
then died moments later. Is Rustom criminally liable for the death of the child?

A: Yes. Rustom is criminal liable for the death of the Child. Even if he does not have the intention of
killing the Child, however just because of what he did turned into a Praeter Intentionem which part of
Art. 4 of the RPC.

7. While the crew of a steamer prepared to raise anchor at the Pasig River, A, evidently impatient
with the progress of work, began to use abusive language against the men. B, one of the
members of the crew, remonstrated saying that they could work best if they were not insulted.
A took B's attitude as a display of insubordination and, rising in a rage, moved towards B
wielding a big knife and threatening to stab B. At the instant when A was only a few feet from
B, the latter, apparently believing himself to be in great and immediate peril, threw himself
into the water, disappeared beneath the surface, and drowned. May A be held criminally liable
for the death of B?

A: YES. Crew A will be criminally liable for the death of Crew B by “Proximate Cause”

Where there is a felonious act done by Crew A by wielding a big knife and threatening to stab
Crew B that generates an imminent danger reason, why Crew B decided to threw himself into the
water and disappeared beneath the surface and killing himself by drowning.

8. A. What is impossible crime?

A: An Impossible Crime which would be an offense against persons or property, were it not for
the inherent impossibility of its accomplishment or an account to employment of inadequate or
ineffectual means.
 B. Lucas had been the stay-in houseboy of the spouses Nestor and Julia for five years.
One night, while Nestor and Julia were out having dinner, Lucas and his friend Pedro gained
entry into the master’s bedroom with the use of a false key. They found Julia's jewelry box in
one of the cabinets, which was unlocked. Lucas believed that Julia's jewelry was inside the
box. Unknown to Lucas and Pedro, the box was empty. Pedro took the box and left the
bedroom with Lucas. They were shocked when they saw Nestor in the house pointing a gun at
them. Nestor ordered them to stop hand over the box. Pedro complied. It turned out that
Nestor had just arrived in time to see Lucas and Pedro leaving master’s bedroom with the box.
State with reasons, the crime or crimes, if any, Lucas and Pedro committed. (7%)

A: The Crime committed by Lucas and Pedro is stealing one’s property owned by Julia which are the
jewelries. There is an offense in property by intruding to the master’s bedroom which has the intent by
the act of stealing the jewelry and was already done / consummated.

9. In the jewelry section of a big department store, Julia snatched a couple of bracelets and put
these in her purse. At the store's exit, however, she was arrested by the guard after being
radioed by the store personnel who caught the act in the store's moving camera. Is the crime
consummated, frustrated, or attempted?

A: The Crime done is Frustrated of theft/Stealing. As there’s the Act of snatching the bracelets
and was successfully putting it in her purse, however was able to stop by the security on the
latter which falls to non-accomplishment of the act of stealing.

10. As a result of a misunderstanding during a meeting, Joe was mauled by Nestor, Jolan, Reden
and Arthur. He ran towards his house but the four chased and caught him. Thereafter, they
tied Joe’s hands at his back and attacked him. Nestor used a knife; Jolan, a shovel; Arthur, his
fists; and Reden, a piece of wood. After killing Joe, Reden ordered the digging of a grave to
bury Joe’s lifeless body. Thereafter, the four (4) left together. Convicted for the killing of Joe,
Arthur now claims that his conviction is erroneous as it was not, he who inflicted the fatal
blow. Would you sustain his claim? Why? – ( Conspiracy? )

A: No. As there’s already a conspiracy or an agreement or decision committing the act/crime. Even if he
did not inflict the fatal blow, he still decided to commit the crime together with the other convicts. As it
states in Art. 8 Conspiracy to commit felony that “the act of one is act of all”. Even if the act of one only
consummates as accomplice or accessory to the crime, it will be treated as an act of principal.
 11. Pedro is married to Tessie. Juan is the first cousin of Tessie. While in the market, Pedro saw a
man stabbing Juan. Seeing the attack on Juan, Pedro picked up a spade nearby and hit the
attacker on his head which caused the latter's death. Can Pedro be absolved of the killing on
the ground that it is in defense of a relative? Explain. (5%)

A: Yes. Pedro can be absolved by killing the man who’s stabbing his relative. The intent is to
defend the cousin of His wife Juan. After seeing the stabbing to Juan he immediately picked a
spade nearby and hitting the attacker on his head which caused the latter’s death. There is an
Irresistible Force to compel the act by the attacker after he sees the danger in one’s life.

12. Osang, a married woman in her early twenties, was sleeping on a banig on the floor of their
nipa hut beside the seashore when she was awakened by the act of a man mounting her.
Thinking that it was her husband, Gardo, who had returned from fishing in the sea, Osang
continued her sleep but allowed the man, who was actually their neighbor, Julio, to have
sexual intercourse with her. After Julio satisfied himself, he said “Salamat Osang" as he turned
to leave. Only then did Osang realize that the man was not her husband. Enraged, Osang
grabbed a balisong from the wall and stabbed Julio to death. When tried for homicide, Osang
claimed defense of honor. Should the claim be sustained? Why?

A: YES. The defense claimed by Osang should be sustained. As She’s just being reasonable to do the act
in order defend her Honor. As the act done by Julio is already not acceptable mounting her without
her knowledge, thinking it’s her husband.

13. Michael was 17 years old when he was charged for violation of Sec. 5 of R.A. 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. Michael 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 R.A. 9344 or the Juvenile
Justice and Youth Welfare Code. Can Michael avail of the suspension of his sentence provided
under this law?

A: YES. As it happened during the time he was only 17 years old. The provision legislated to
apply the principles of restorative justice in all its laws, policies, and programs applicable to
children in conflict with the Law.
14. Rodolfo is an informer who told the police authorities that Aldo is a drug pusher. Policeman
Taba then posed as a buyer and persuaded Aldo to sell marijuana worth P10.00 to the former.
Aldo agreed. He delivered the goods and so was apprehended with the marked money. He is
now prosecuted for violation of the Dangerous Drugs Act. Aldo’s defense is that he1 was the
victim of an instigation of the police who persuaded him to sell the goods to him. Decide the
case with reasons.

A: With this case even if the Policeman posed as a buyer. Aldo still being selling marijuana
reason why he is being prosecuted.

Instigation means there is a criminal intent originates to the ones who is luring into
commission of the offense in order to prosecute another.

There’s no evidence that he was being instigated as he is really the one who is selling it based
on the informer who told t he authorities.

15. What is treachery?

A: offender commits any of the crimes against persons, employing means, methods or forms
which tend directly to ensure its execution, without risk to himself arising from the defense
which the offended party might make.

16. Distinguish Recidivism, Habitual delinquency , Reiteracion, and Quasi-recidivist

A: Recidivism – is one who, at the time of trial for one crime, shall have been previously
convicted by the final judgement of another crime embraced in the same title of this code

Habitual – a person, have been served out his sentence for the first offense.

Reiteracion – the offender has been previously punished for an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches lighter
penalty