I An agonizing and protracted trial having come to a close, the judge found A IX Proserfina, an assistant public high school

principal, acted to facilitate the

The public prosecutor objected to the sentence on the ground that the proper Did Proserfina commit a crime? Explain. (5%)
penalty should have been TWELVE (12) YEARS and ONE (1) DAY of
reclusion temporal.
X A, B and C are members of SFC Fraternity. While eating in a seaside
restaurant, they were attacked by X, Y and Z, members of a rival fraternity. A
The defense counsel chimed in, contending that application of the rumble ensued in which the abovenamed members of the two fraternities
Indeterminate Sentence Law should lead to the imposition of a straight penalty assaulted each other in a confused and tumultuous manner resulting in the
of SIX (6) MONTHS and ONE (1) DAY of prision correccional only. Who of the death of A. As it cannot be ascertained who actually killed A, the members of
three is on the right track? Explain. (3%) the two fraternities who took part in the rumble were charged for death caused
in a tumultuous affray. Will the charge prosper? Explain. (4%)
II a. What is the crime of qualified bribery? (2%)
XI Angelina maintains a website where visitors can give their comments on the
posted pictures of the goods she sells in her exclusive boutique. Bettina
b. May a judge be charged and prosecuted for such felony? How about a
posted a comment that the red Birkin bag shown in Angelina’s website is fake
public prosecutor? A police officer? Explain. (5%)
and that Angelina is known to sell counterfeit items.

III May a public officer charged under Section 3(b) of Republic Act No. 3019
Angelina wants to file a case against Bettina. She seeks your advice. What
["directly or indirectly requesting or receiving any gift, present, share,
advice will you give her? (4%)
percentage or benefit, for himself or for any other person, in connection with
any contract or transaction between the government and any other party,
wherein the public officer in his official capacity has to intervene under the XII a. Define Money Laundering. What are the three (3) stages in money
law"] also be simultaneously or successively charged with direct bribery under laundering? (3%)
Article 210 of the Revised Penal Code? Explain. (4%)
b. What is the doctrine of pro reo? How does it relate to Article 48 of the
IV Because of the barbarity and hideousness of the acts committed by the Revised Penal Code? (3%)
suspects/respondents in cutting off their victims’ appendages, stuffing their
torsos, legs, body parts into oil drums and bullet-riddled vehicles and later on
XIII While his wife was on a 2-year scholarship abroad, Romeo was having an
burying these oil drums, vehicles with the use of backhoes and other earth-
affair with his maid Dulcinea. Realizing that the affair was going nowhere,
moving machinery, the Commission on Human Rights (CHR) investigating
Dulcinea told Romeo that she was going back to the province to marry her
team recommended to the panel of public prosecutors that all respondents be
childhood sweetheart. Clouded by anger and jealousy, Romeo strangled
charged with violation of the "Heinous Crimes Law." The prosecution panel
Dulcinea to death while she was sleeping in the maid’s quarters.
agreed with the CHR. As the Chief Prosecutor tasked with approving the filing
of the Information, how will you pass upon the recommendation? Explain. (5%)
The following day, Romeo was found catatonic inside the maid’s quarters. He
was brought to the National Center for Mental Health (NCMH) where he was
V Arlene is engaged in the buy and sell of used garments, more popularly
diagnosed to be mentally unstable.
known as "ukay-ukay." Among the items found by the police in a raid of her
store in Baguio City were brand-new Louie Feraud blazers.
Charged with murder, Romeo pleaded insanity as a defense.
a. Will Romeo’s defense prosper? Explain. (2%)
Arlene was charged with "fencing." Will the charge prosper? Why or why not?
b. What is the effect of the diagnosis of the NCMH on the case? (2%)
(5%)

XIV Paul lives with his long-time girlfriend Joan in a ondominium in Makati. For
VI There being probable cause to believe that certain deposits and
more than a year, he has been secretly saving money in an envelope under
investments in a bank are related to an unlawful activity of smuggling by
their bed to buy her an engagement ring. One day, while Joan was cleaning
Alessandro as defined under Republic Act (RA) No. 9160, as amended (Anti-
their room, she found the envelope, took the money, and left Paul. As
Money Laundering Act) an application for an order to allow inquiry into his
prosecutor, what crime, if any, would you charge Joan? Explain. (3%)
deposit was filed with the Regional Trial Court.

XV Suspecting that her husband of twenty years was having an affair, Leilanie
After hearing the application, the court granted the application and issued a
hired a private investigator to spy on him. After two weeks, the private
freeze order.
investigator showed Leilanie a video of her husband having sexual intercourse
with another woman in a room of a five-star hotel. Based on what she saw on
Pass upon the correctness of the court’s order. Explain. (3%) the video, Leilanie accused her husband of concubinage.

VII A widower of ten years, septuagenarian Canuto felt that he had license to Will the case of concubinage prosper? Explain. (3%)
engage in voyeurism. If not peeping into his neighbors’ rooms through his
powerful single-cylinder telescope, he would trail young, shapely damsels
XVII A killed his wife and buried her in their backyard. He immediately went
along the hallways of shopping malls. While going up the escalator, he stayed
into hiding in the mountains.
a step behind a mini-skirted one, and in a moment of excitement, put his hand
on her left hip and massaged it. The damsel screamed and hollered for help.
Canuto was apprehended and brought up on inquest. What charge/s, if any, Three years later, the bones of A’s wife were discovered by X, the gardener.
may he be held responsible for? Explain. (5%) Since X had a standing warrant of arrest, he hid the bones in an old clay jar
and kept quiet about it. After two years, Z, the caretaker, found the bones and
reported the matter to the police.
VIII A asked financial support from her showbiz friend B who accommodated
her by issuing in her favor a postdated check in the sum of P90,000.00. Both
of them knew that the check would not be honored because B’s account had After 15 years of hiding, A left the country but returned three years later to take
just been closed. The two then approached trader C whom they asked to care of his ailing sibling. Six years thereafter, he< was charged with parricide
change the check with cash, even agreeing that the exchange be discounted but raised the defense of prescription.
at P85,000.00 with the assurance that the check shall be funded upon
maturity. Upon C’s presentment of the check for payment on due date, it was
dishonored because the account had already been closed. a. Under the Revised Penal Code, when does the period of prescription of a
crime commence to run? (1%)
b. When is it interrupted? (1%)
What action/s may C commence against A and B to hold them to account for c. Is A’s defense tenable? Explain. (3%)
the loss of her P85,000.00? Explain. (5%)
XVIII On her way home, Eva Marie saw an injured chow chow puppy behind a XVI The president, treasurer, and secretary of ABC Corporation were charged
bush. Since the puppy did not have a collar, she brought it home so she could with syndicated estafa under the following Information:
have it as a pet. Her son in fact begged Eva Marie to keep the puppy. The
following day, Eva Marie bought a collar for the puppy and brought it to a
That on or about the 1st week of January 2010 or subsequent thereto in Cebu
veterinarian for treatment.
City and within the jurisdiction of this Honorable Court, the above-named
accused, conspiring and confederating together and all of them mutually
a. Did Eva Marie incur criminal liability in bringing the puppy home as a pet? helping and aiding one another in a syndicated manner, through a corporation
Explain. (2%) registered with the Securities and Exchange Commission (SEC), with intention
of carrying out the unlawful or illegal act, transaction, enterprise or scheme,
with intent to gain and by means of fraud and deceit, did then and there
b. Did she incur civil liability? Explain. (2%)
wilfully, unlawfully, and feloniously defraud Virna, Lana, Deborah and several
other persons by falsely or fraudulently pretending or representing in a
XI Jack and Jill have been married for seven years. One night, Jack came transaction or series of transactions, which they made with complainants and
home drunk. Finding no food on the table, Jack started hitting Jill only to the public in general, to the effect that they were in a legitimate business of
apologize the following day. foreign exchange trading successively or simultaneously operating under the
name and style of ABC Corporation and DEF Management Philippines,
Incorporated, induced and succeeded in inducing complainants and several
A week later, the same episode occurred – Jack came home drunk and started other persons to give and deliver to said accused the amount of at least
hitting Jill. P20,000,000.00 on the strength of said manifestations and representations,
the accused knowing fully well that the abovenamed corporations registered
Fearing for her life, Jill left and stayed with her sister. To woo Jill back, Jack with the SEC are not licensed nor authorized to engage in foreign exchange
sent her floral arrangements of spotted lilies and confectioneries. Two days trading and that such manifestations and representations to transact in foreign
later, Jill returned home and decided to give Jack another chance. After exchange were false and fraudulent, that these resulted to the damage and
several days, however, Jack again came home drunk. The following day, he prejudice of the complainants and other persons, and that the defraudation
was found dead. pertains to funds solicited from the public in general by such
corporations/associations.
Jill was charged with parricide but raised the defense of "battered woman
syndrome." Will the case for syndicated estafa prosper? Explain. (5%)
a. Define "Battered Woman Syndrome." (2%)
b. What are the three phases of the "Battered Woman Syndrome"? (3 %)
c. Would the defense prosper despite the absence of any of the elements for
justifying circumstances of self-defense under the Revised Penal Code?
Explain. (2%)

XX Matt was found guilty of drug trafficking while his younger brother Jeff was
found guilty of possession of equipment, instrument, apparatus and other
paraphernalia for dangerous drugs under Section 12 of Republic Act No. 9165.

Matt filed a petition for probation. Jeff appealed his conviction during the
pendency of which he also filed a petition for probation.

The brothers’ counsel argued that they being first time offenders, their petitions
for probation should be granted. How would you resolve the brothers’ petitions
for probation? Explain. (3%)

XXI Because peace negotiations on the Spratlys situation had failed, the
People’s Republic of China declared war against the Philippines. Myra, a
Filipina who lives with her Italian expatriate boyfriend, discovered e-mail
correspondence between him and a certain General Tung Kat Su of China.

On March 12, 2010, Myra discovered that on even date her boyfriend had sent
an e-mail to General Tung Kat Su, in which he agreed to provide vital
information on the military defense of the Philippines to the Chinese
government in exchange for P1 million and his safe return to Italy. Two weeks
later, Myra decided to report the matter to the proper authorities.

Did Myra commit a crime? Explain. (3%)

XXII Immediately after murdering Bob, Jake went to his mother to seek refuge.
His mother told him to hide in the maid’s quarters until she finds a better place
for him to hide. After two days, Jake transferred to his aunt’s house. A week
later, Jake was apprehended by the police. Can Jake’s mother and aunt be
made criminally liable as accessories to the crime of murder? Explain. (3 %)

XXIII Christopher, John, Richard, and Luke are fraternity brothers. To protect
themselves from rival fraternities, they all carry guns wherever they go. One
night, after attending a party, they boarded a taxicab, held the driver at
gunpoint and took the latter’s earnings.

a. What crime, if any, did the four commit? Enumerate the elements of the
crime. (2%)

b. Would your answer be the same if they killed the driver? Explain. (2%)