ANGELES UNIVERSITY FOUNDATION

Angeles City
School of Law

CRIMINAL LAW II
2nd Semester, SY 2016-2017
Section: Law 1B
Examination
Part IV

The examinee must (a) write his or her answers on yellow ('legal pad') paper; and (b)
submit the same to Mr. Ramil Tafalla, Staff Assistant, on March 4, 2017, at 3:00 PM.
This examination will be graded and should prepare the examinee for the final
examination in Criminal Law II. Those who fail to submit their answers on or before
said date and time will be given a grade of zero (0) for said examination. The highest
grade is one hundred (100) for complete and correct answers submitted on time. Those
who submitted their complete and correct answers ahead of said date and time will be
given extra points.

1. Choose which of the following are correct. In the crime of robbery with homicide:
(a) it is immaterial that the death would supervene by mere accident; or that the
victim of homicide is other than the victim of robbery, or that two or more persons are
killed; or the victim of homicide is one of the robbers; or that aside from the
homicide, rape, intentional mutilation, or usurpation of authority, is committed by
reason or on the occasion of the crime;
(b) once a homicide is committed by or on the occasion of the robbery, the felony
committed is robbery with homicide;
(c) all the felonies committed by reason of or on the occasion of the robbery are
integrated into one and indivisible felony of robbery with homicide;
(d) the word "homicide" is used in its generic sense; and thus, homicide, includes
murder, parricide, and infanticide;
(e) even if any or all of the circumstances (treachery, abuse of superior strength and
evident premeditation) alleged in the information have been duly established by the
prosecution, the same would not qualify the killing to murder and the crime
committed by accused is still robbery with homicide, the aggravating circumstance of
treachery is to be considered or regarded as a generic aggravating circumstance only,
to help determine the imposable penalty;
(f) robbery with homicide is a composite crime with its own definition and special
penalty in the Revised Penal Code;
(g) there is no special complex crime of robbery with murder under the Revised Penal
Code; and
(h) the presence of any or all of the circumstances of treachery, abuse of superior
strength and evident premeditation, alleged in the information which have been duly
established by the prosecution, would qualify the killing to murder and the crime
committed by accused is robbery with murder. Explain your answer.
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2. Is this statement correct: Unlike violation of domicile in Art. 128, trespass to
dwelling is committed only in one way, that is, by entry into the dwelling against the
express or implied will of the dweller thereof. With the requirement of being against
the will of the dweller, it is not sufficient that it be without his consent but it must be
with his express or implied prohibition. Parenthetically, express prohibition is
required only if the dweller is in a position and has the opportunity to make the same
under the circumstances? Explain your answer.
3. Choose which of the following instances have been held to be indicative of implied
prohibition in the crime of trespass to dwelling, viz:
(a) the door was ajar and unlocked but the sole occupant of the room was asleep;
(b) the door was tied with a string;
(c) it was already at a late hour of the night and the family had already gone to sleep;
(d) the entry was made thru an opening not intended for that purpose;
(e) a German Shepard dog was tied near the door. Explain your answer.

4. Is there trespass to dwelling if the consent to enter did not come from the owner of
the house but was given by a person of sufficient discretion living therein, such as a
minor who was 12 years old, or by a boarder in that house who was the mistress of
the accused? Explain your answer.
5. (a) Is there trespass to dwelling if entry to the house had been expressly prohibited by
the master or owner of the house and the outsider later entered the same at the
invitation of the masters servant who was the said outsiders fiance? Explain your
answer.
(b) Should the outsider and the servant be both found guilty of trespass? Explain your
answer.
6. (a) May the owner of a house commit trespass to dwelling if the house was leased to
his tenant who duly objected to the owners entry? Explain your answer.
(b) Is the following statement correct: trespass as a crime is not necessarily to be
anchored upon the ownership of the house but also upon valid rights of possession
there over by its dweller, as well as the validity and timeliness of his objection to the
entry of any person not otherwise authorized to do so by specific provision of law or
judicial process? Explain your answer.
7. Boy Manok had no intent to kill anyone when he clandestinely entered a dwelling
house. However, he committed homicide when he was discovered inside the house by
Inday who was an occupant who raised the alarm about his presence.
(a) Is Boy Manok guilty of separate crimes of trespass to dwelling and homicide?
Explain your answer.
(b) If his intent from the start was to surreptitiously enter the house to kill an
occupant thereof and which he committed once inside the house, is the crime only
homicide, with dwelling and unlawful entry as aggravating circumstances?
Explain your answer.

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 (c) Is it correct to state that since trespass was not deliberately adopted as a necessary
means, but was incidental to the purpose of Boy Manok to kill the Inday, the two
offenses cannot be complexed? Explain your answer.
8. Reyes informed the Angeles Electric Company that Aling Bing had an electric jumper
transformer installed in her house to steal electricity from said company. However,
when company inspectors entered and searched the house without her consent, they
did not find said jumper transformer. What crime, if any, was committed (See Abanto,
15 Phil. 223)? Explain your answer.
9. Kit and Jim positioned themselves in front of Celsos house and angrily demanded
that Celso come out and fight them. When Celso did not come out of said house, Kit
and Jim used their axes to destroy the wooden door of the house. Still, Celso
remained inside. After shouting invectives at Celso, Kim and Jim left the place. What
crime, if any, was committed (See Duruelo, 7 Phil. 497)? Explain your answer.
10. Who are liable for theft?
11. What are the elements of theft?
12. Distinguished theft from larceny?
13. Define unlawful taking.
14. Define intent of gain.
15. What are the elements of the offense of fencing?
16. What is the presumption involved in fencing?
17. What is squatting?
18. What are the elements of fraudulent insolvency?
19. What are the elements of estafa under Art. 315, RPC?
20. What are the elements of violation of Batas Pambansa Blg. 22?
21. What are the other forms of swindling and how are they committed?
22. Who are liable for malicious mischief?
23. What is the concept of damage in malicious mischief ?
24. Who are guilty of adultery?
25. Distinguished adultery from prostitution?
26. What is concubinage?
27. What are the ways of committing concubinage?
28. What are the classes of qualified seduction?
29. What are the elements of simple seduction?
30. How is the crime of corruption of minors committed?
31. What are the elements of the crime of white slave trade?
32. What are the elements of the crime of forcible abduction?
33. What are the elements of the crime of consented abduction?
34. What are the elements of the crime involving simulation of births, substitution of
one child for another, and concealment or abandonment of a legitimate child with
intent to cause such child to lose its civil status ?
35. What are the elements of the crime of usurpation of civil status?
36. What are the elements of the crime of bigamy?
37. What are the elements of the crime of marriage contracted against provisions of
laws?
38. What are the elements of the crime of premature marriage?
39. What are the elements of the crime of performance of illegal marriage ceremony?
40. What is the definition of libel?
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41. What is the requirement for publicity in libel?
42. How do you determine whether statements are defamatory?
43. Define malice in relation to liber.
44. What are the kinds of said malice?
45. Distinguished libel from perjury.
46. What are conditionally privileged communications?
47. What are the kinds of privileged communications?
48. What is meant by libel by means of writing or similar means?
49. What are the elements of the crime of threatening to publish and offer to present
such publication for a compensation?
50. What is meant by prohibited publication of acts referred to in the course of official
proceedings?
51. What are the elements of the crime of slander?
52. What are the elements of the crime of slander by deed?
53. Who are the persons liable for libel and slander?
54. Discuss the meaning of proof of truth in libel cases?
55. What are the elements of the crime of incriminating innocent persons?
56. What are the elements of the crime of intriguing against honor?
57. What are the kinds of quasi-offenses?
58. What is reckless imprudence?
59. What is simple imprudence or negligence?