Criminal Law Exam(Surebol

8/12/2019 Criminal Law Exam(Surebol

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Jovie D. Dacoycoy March 4, 2013

BS Criminology III Criminal Law II

1.

Pedro, the 14-year-old son of Juan was caught rubbing a 25 centavo coin against theasphalt, in order to be used as a gambling tool for cara y cruz. What is/are the

crime/crimes is Pedro guilty of? Why or why not?

Answer:

Pedro committed mutilation of coins under Article 164 of the Revised Penal

Code. Such article punishes mutilating coins of the legal currency, with the further

requirement that there be intent to damage or to defraud another. The act of rubbing a

coin against the asphalt, in order to be used as a gambling tool for cara y cruzindicates

that there is an intent to damage the coin and to defraud another because it will be used

as a gambling tool for cara y cruz. According to Article 165, mutilation means to takeoff part of the metal either by filing it or substituting it for another metal of inferior

quality. Moreover, the process of mutilating the coin is equivalent to diminishing the

physical component of the coin.

Furthermore, Pedro also violated Presidential Decree No. 1602 which punishes

any person who, in any manner, shall directly or indirectly take part in any illegal or

unauthorized activities or games such as cara y cruz, pompiang and the like.

However, according to Section 58, Republic Act No. 9344 otherwise known as the

Juvenile Justice and Welfare Act of 2006, states that, persons below eighteen (18)

years of age shall be exempt from prosecution for crime of gambling being inconsistentwith the United Nations Convention on the Rights of the Child: Provided, that said

persons shall undergo appropriate counseling and treatment program. Therefore, Pedro

is exempt from his criminal liability.

2. Angelito, a Singaporean, went to Hongkong. In Hongkong, he produced a fake 1,000peso bill of the Republic of the Philippines.

a. Can Angelito be prosecuted in the Philippines?b. What is/are the crime/crimes is Angelito guilty of?

Answer:Angelito can be prosecuted in the Philippines. He committed the forging

treasury or bank notes or other documents payable to bearer; importing, and uttering

such false or forged notes and documents under Article 166 of the Revised Penal Code.

The importation of false or forged obligations or noted means to bring them into the

Philippines, which presupposes that the obligations or notes are forged or falsified in a

foreign country.The code punishes forging or falsification of bank notes and of

documents of credit payable to bearer and issued by the State more severely because it

tends to bring such documents into discredit and the offense produces a lack of

confidence on the part of the holders of said documents to the prejudice of the interestsof society and of the State.


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The reason for punishing Angelito, even though he is a foreigner a

Singaporean, is so as to maintain the integrity of the currency and thus insure the credit

standing of the government and prevent the imposition on the public and the

government of worthless notes or obligations.

Furthermore, according to Article 2 of the Revised Penal Code provides that theprovisions of said code shall be enforced within the Philippines Archipelago, including

its atmosphere, its interior waters and maritime zone. However, the same Article 2 of

the Revised Penal Code provides that its provisions shall be enforced outside of the

jurisdiction of the Philippines against those who should forge or counterfeit any coin or

currency note of the Philippines or obligation and securities issued by the Government

of the Philippines. Thus, any person who makes false or counterfeit coins (Art. 163) or

forges treasury or bank notes or other obligations and securities (Art. 166) in a foreign

country may be prosecuted before our civil courts for violation of Art 163 or Art 166 of

the Revised Penal Code.

3. Gayot is a barangay tanod in the very very far barangay of Masaging, Naujan.During his duty in guarding the barangay hall, he chance upon several barangay

resolution. Gayot, being angry with the Barangay Captain Aguba, alter several of

such resolution.

a. What is/are the crime/crimes, if any, is Gayot guilty of? Why or why not?Answer:

Gayot committed falsification by private individuals and use of falsified

documents under Article 172 of the Revised Penal Code. Gayot, being a public officer barangay tanod, who does not take advantage of his official position, altered a genuine

document which changes its meaning. He did not took advantage of his official position

as a barangay tanod in falsifying a document because he has no duty to make or to

prepare or otherwise to intervene in the preparation of the document and he has no

official custody of the document which he falsifies. Even if the offender was a public

officer but if he did not take advantage of his official position, he would be guilty of

falsification of a document by a private person under Article 172.

Furthermore, the document that Gayot falsified was a public or official

document. To sum it all up, all of the elements under Article 172 are present sotherefore Gayot is guilty under this crime.

Additionally, he also committed usurpation of authority or official function

under Article 177 of the Revised Penal Code. Usurpation of authority or official function

can be committed by performing an act pertaining to any person in authority or public

officer of the Republic of the Philippines or of a foreign government or any agency

thereof, under pretense of official position, and without being lawfully entitled to do so.

In usurpation of official function, it is essential that the offender should have performed

an act pertaining to a person in authority or public officer, in addition to other

requirements.


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4. Erick John Rae Laygo, in order to solicit money from barrios, individuals and groupsand having a lawful employment as a construction worker, post as a beggar on

Saturdays and Sundays.

a. Is he qualified to be a vagrant? Why or why not?b.

Can he also be charge of another crime if any?

Answer:

He is qualified as a vagrant because although he has a lawful employment which

gives him source of income to support his daily living, he still post and made others

believe that he is a beggar in order to solicit money from people.Moreover,his act

posting as a beggar implies that he neglects his occupation and made me realize that he

is possibly and probably guilty of mendicancy under P.D. No. 1563. Under the

Mendicancy Law of 1978, one who has no visible and legal means of support, or lawful

employment and who is physically able to work but neglects to apply himself to some

lawful calling and instead uses begging as a means of living, is a mendicant and, uponconviction, shall be punished by a fine not exceeding P500.00 or by imprisonment for a

period not exceeding 2 years or both at the discretion of the court. Considering the

circumstances that Erick has a lawful employment as a construction worker, but still he

neglects to commit permanently to that occupation and rather post as a beggar in order

to solicit from the barrios, individuals and groups. He is considered as a vagrant and a

mendicant who uses begging as a means of living.

5. Libre is a sergeant of the Royal Army of Sulu. However, he post and made othersbelieve that he is a Colonel by wearing the uniform and insignia of the Royal Armyof Sulu. Can he be charge guilty under Article 179 of the Revised Penal Code? Why

or why not?

Answer:

Libre cannot be charge guilty under Article 179 of the Revised Penal Code, for

the reason that, the Royal Army of Sulu is an organization not recognized by the

Republic of the Philippines. Yes, Libre made use of the insignia, uniform or dress of the

Royal Army of Sulu considering as the first element under Article 179. Moreover, the

second element requires that the insignia, uniform or dress pertains to a class of

persons, which is the Royal Group of Sulu. Hence, if the insignia, uniform or dresspertains to a class of persons which does not originally exist, or is not duly recognized

by the Republic of the Philippines, this provision is clearly not violated by Libre.

Besides, the Armed Forces of the Philippines which consist three (3) branches

such as Philippine Army, Philippine Air Force and Philippine are the only

organizations, that is authorized by the Republic of the Philippines to put into service.

6. Give three (3) acts which can be considered as a grave scandal according to thePhilippine Supreme Court.

a. People vs. Dumlao, et al., C.A., 38 O.G. 3715 this case is a public scandalamong the persons witnessing them, besides being contrary to morals and

good customs.


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b. U.S. vs. Samaniego, 16 Phil. 663 the acts complained was committed in apublic place or within the public knowledge or view.

c. People vsAparici 52 OG 249 in this case the accused was charged withobscenity. He was caught while performing in a theater wearing nylon

patches and nylon panty.

7. The VaginaMonologueUnder the immoral doctrines, obscene publications and exhibitions and indecent

shows of Article 201 of the Revised Penal Code, the test of obscenity is whether the

tendency of the matter charged as obscene, is to deprave or corrupt those whose minds

are open to such immoral influences.

The Vagina Monologue is a way of movement to promote the anti-violence against

women. This form of a play consisting obscene parts are merely used for arts sake

therefore it does not fall under Article 201. It also appeared that the play is designed topromote protection for women who has been abused by the cruel society. A play that

claims to unveil the truth about vaginas but, somehow, overlooks the salutary role men

play in most women's sexuality has no credibility.Furthermore, the recurring theme

throughout the piece is the vagina as a tool of female empowerment, and the ultimate

embodiment of individuality.

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Criminal Law Exam(Surebol