LEI Criminal Law Objective Bar Questions 2015

LIBERTAS ET IUSTICIA 2015 CRIMINAL LAW

CRIMINAL LAW

1. Define “corpus delicti". What are the elements of "corpus delicti"? Corpus Delicti literally means “the body or substance of the crime" or the fact that a crime has been committed, but does not include the identity of the person who committed it. (People vs. Pascual, 44 OG 2789). Elements of corpus delicti: The actual commission by someone of the particular crime charged. It is a compound fact made up of two things: a) The existence of a certain act or result forming the basis of the criminal charge; and b) The existence of a criminal agency as the cause of the act or result. The identity of the offender is not a necessary element of corpus delicti. 2. Define "Battered Woman Syndrome? What are the three phases of the "Battered Woman Syndrome"? "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse (Section 31dj, Rep. Act No. 9262). The three (3) phases of the "Battered Woman Syndrome" are: (1) the tension building phase; (2) the acute battering incident; and (3) the tranquil, loving, or non-violent phase (People v. Genosa, G.R. No. 135981, January 15, 2004). 3. State the two classes of penalties under the revised Penal Code. Define each. A principal penalty is defined as that provided for a felony and which is imposed by court expressly upon conviction. An accessory penalty is defined as that deemed included in the imposition of the principal penalty. 4. Define Money laundering. What are the three (3) stages in money laundering? Money Laundering is the process by which a person conceals the existence of unlawfully obtained money and makes it appear to have originated from lawful sources. The intention behind such a transaction is to hide the beneficial owner of said funds and allows criminal organizations or criminals to enjoy proceeds of such criminal activities.” The three (3) stages in money laundering are: a. Placement/ infusion or the physical disposal of criminal proceeds b. Layering or the separation of the criminal proceeds from their source by creating layers of financial transactions to disguise such proceeds as legitimate and avoid audit trail; and c. Integration or the provision of apparent legitimacy to the criminal proceeds.

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“Nam omnia praeclara tam difficilia quam rara sunt” For all that is excellent and eminent is as difficult as it is rare -Spinoza on Ethics

5. Define murder. What are the elements of the crime? (3%) Murder is the unlawful killing of a person which otherwise would constitute only homicide, had it not been attended by any of the following circumstances: a) With treachery or taking advantage of superior strength, or with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity; b) In consideration of a price, reward or promise; c) By means or on the occasion of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles, or with the use of any other means involving great waste and ruin; d) On occasion of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity; e) With evident premeditation; f) With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. The elements of murder are: (1) that a person was unlawfully killed; (2) that such a killing was attended by any of the above-mentioned circumstances; (3) that the killing is NOT parricide nor infanticide; and (4) that the accused killed the victim. 6. What is hazing as defined by law? Hazing, as defined by law, is an initiation rite or practice as a prerequisite for admission into membership In a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. 7. What is an impossible crime? An impossible crime is an act which would be an offense against person or property, were if not for the inherent impossibility of its accomplishment or on account of the employment of (Art. 4, par. 2, RPC). 8. What is delito continuado? Delito continuado refers to a crime constituted by several overt acts committed by the offender in one place, at about the same time, and all such overt acts violate one and the same provision of penal law, thus demonstrating that all such acts are the product of a single indivisible criminal resolution. Hence, all said acts are considered as one crime only. 9. What is the "chain of custody" requirement in drug offenses? What is its rationale? What is the effect of failure to observe the requirement? "Chain of custody" requirement in drug offenses refers to the duly recorded, authorized movement and custody of seized dangerous drugs, controlled chemicals, plant sources of dangerous drugs, and laboratory equipment for dangerous drugs from the time of confiscation/seizure thereof from the offender, to its turn-over and receipt in the forensic laboratory for examination, to its safekeeping and eventual presentation/offer in court as

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LIBERTAS ET IUSTICIA 2015 CRIMINAL LAW

evidence of the criminal violation, and for destruction. (Dangerous Drugs Board Regulation No.1 Series of 2002) Its rationale is to preserve the authenticity of the corpus delicti or body of the crime by rendering it improbable that the original item seized/confiscated in the violation has been exchanged or substituted with another or tampered with or contaminated. It is a method of authenticating the evidence as would support a finding beyond reasonable doubt that the matter is what the prosecution claims it to be. Failure to observe the "chain of custody" requirement renders the evidence questionable, not trustworthy and insufficient to prove the corpus delicti beyond reasonable doubt. 10. What is the legal effect of his application for probation on the judgment of conviction? Does said application interrupt the running of the period of appeal? The filing of the application for probation is considered as a waiver of the right of the accused to appeal; the decision has become final. In view of the finality of the decision there is no period of appeal to speak of. 11. What is the proper period of probation? (revised due to amendments) (a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall not exceed two years, and in all other cases, said period shall not exceed six years. (b) When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency, the period of probation shall not be less than nor to be more than twice the total number of days of subsidiary imprisonment as computed at the rate established in Article 39 of the Revised Penal Code, as amended by RA 10159, which is at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of conviction by the trial court 12. What is intervention and diversion? The two terms are different. "Intervention" refers to a series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being. This is available to a child 15 years old or less at the time of the commission of the crime or although over 15 but below 18 years old at the time of commission of the crime, the child acted without discernment. "Diversion" refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings. This process governs when the child is over 15 years old but below 18 at the time of the commission of the crime and he acted with discernment. 13. What is the crime of qualified bribery? Qualified bribery is a crime committed by a public officer who is entrusted with law enforcement and who, in consideration of any offer, promise, gift of offer, refrains from arresting or

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“Nam omnia praeclara tam difficilia quam rara sunt” For all that is excellent and eminent is as difficult as it is rare -Spinoza on Ethics

prosecuting an offender who has committed a crime punishable by reclusion perpetua and/ or death (art. 211-A, RPC) 14. What is a memorandum check ? A memorandum check is an ordinary check with the word “Memorandum”, “Memo", or “Mem" written across the face, signifying that the maker or drawer engages to pay its holder absolutely thus partaking the nature of a promissory note. It is drawn on a bank and is a bill of exchange within the purview of Section 185 of the Negotiable Instruments Law. (People vs. Nitafan, 215 SCRA 79) 15. Distinguish, in their respective concepts and legal implications, between crimes mala in se and crimes mala prohibita. In concept: Crimes mala in se are those where the acts or omissions penalized are inherently bad, evil, or wrong that they are almost universally condemned. Crimes mala prohibita are those where the acts penalized are not inherently bad, evil, or wrong but prohibited by law for public good, public welfare or interest and whoever violates the prohibition are penalized. In legal implications: In crimes mala in se, good faith or lack of criminal intent/ negligence is a defense, while in crimes mala prohibita, good faith or lack of criminal intent or malice is not a defense; it is enough that the prohibition was voluntarily violated. Also, criminal liability is generally incurred in crimes mala in se even when the crime is only attempted or frustrated, while in crimes mala prohibita, criminal liability is generally incurred only when the crime is consummated. Also in crimes mala in se, mitigating and aggravating circumstances are appreciated in imposing the penalties, while in crimes mala prohibita, such circumstances are not appreciated unless the special law has adopted the scheme or scale of penalties under the Revised Penal Code. 16. Distinguish “motive” from “intent”. “Motive” is the moving power which impels a person to do an act for a definite result; while “intent” is the purpose for using a particular means to bring about a desired result. Motive is not an element of a crime but intent is an element of intentional crimes. Motive, if attending a crime, always precede the intent. 17. May an act be malum in seand be, at the same time, malum prohibitum? Yes, an act may be malum in se and malum prohibitum at the same time. In People v. Sunico, etaL, (CA 50 OG 5880) it was held that the omission or failure of election inspectors and poll clerks to include a voter's name in the registry list of voters is wrong per se because it disenfranchises a voter of his right to vote. In this regard it is considered as malum in se. Since it is punished under a special law (Sec. 101 and 103, Revised Election Code), it is considered malum prohibitum.

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LIBERTAS ET IUSTICIA 2015 CRIMINAL LAW

18. Distinguish aberratio ictus from error in personae.(1994 Bar Question) p. 41 Aberratio ictus or mistake in the blow occurs when a felonious act missed the person against whom it was directed and hit instead somebody who was not the intended victim. Aberratio ictus brings about at least two (2) felonious consequence. i.e the attempted felony on the intended victim who was not hit and the felony on the unintended victim who was hit. A complex crime of the first form under Art. 48, RPC generally result. Error in personae, or mistake in identity occurs when the felonious act was directed at the person intended, but who turned out to be somebody else. In error in personae only one crime is committed. 19. Distinguished entrapment from instigation. Discuss fully. In instigation, the instigator practically induces the prospective accused into commission of the offense and himself becomes co-principal. a) the idea and design to bring about the commission of the crime originated and developed in the mind of the law enforcers; b) the law enforcers induce, lure, or incite a person who is not minded to commit a crime and would not otherwise commit it, into committing the crime; and c) this circumstance absolves the accused from criminal liability (People v. Dante Marcos, 185 SCRA154. [1990]). In entrapment, ways and means are resorted to for the purpose of trapping and capturing the lawbreaker while executing his criminal plan. a) the criminal design originates from and is already in the mind of the lawbreaker even before entrapment; b) the law enforcers resort to ways and means for the purpose of capturing the lawbreaker in flagrante delicto; and c) this circumstance is no bar to prosecution and conviction of the lawbreaker. 20. Distinguish between recidivism and quasi-recidivism. (2%) (1998 Bar Question) p. 82 In recidivism: a) The convictions of the offender are for crimes embraced in the same Title of the Revised Penal Code; and b) This circumstance is generic aggravating and therefore can be offset by an ordinary mitigating circumstance. Whereas in quasi-recidivism: a) The convictions are not for crimes embraced in the same Title of the Revised Penal Code, provided that it is a felony that was committed by the offender before serving sentence by final judgment for another crime or while serving sentence for another crime; and b) This circumstance is a special aggravating circumstance which cannot be offset by any mitigating circumstance. 21. Distinguish between an ordinary complex crime and a special complex crime as to their concepts and as to the imposition of penalties. (2003 Bar Question) p. 90 An ordinary complex crime is made up of two or more crimes being punished in distinct provisions of the Revised Penal Code but alleged in one Information either because they were

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“Nam omnia praeclara tam difficilia quam rara sunt” For all that is excellent and eminent is as difficult as it is rare -Spinoza on Ethics

brought about by a single felonious act OR because one offense is a necessary means for committing the other offense or offenses. They are alleged in one Information so that only one penalty shall be imposed. A special complex crime (composite crime), on the other hand, is made up of two or more crimes which are considered only as components of a single indivisible offense being punished in one provision of the Revised Penal Code. In ordinary complex crime, the penalty for the most serious crime shall be imposed and in its maximum period. In special complex crime, only one penalty is specifically prescribed for all the component crimes which are regarded as one indivisible offense. The component crimes are not regarded as distinct crimes and so the penalty for the most serious crime is not the penalty to be imposed nor in its maximum period. It is the penalty specifically provided for the special complex crime that shall be applied according to the rules on imposition of the penalty. 22. Distinguish clearly but briefly between compound and complex crimes. Compound crimes result when the offender committed only a single felonious act from which two or more crimes resulted. This is provided for in modified form in the first part of Article 48, Revised Penal Code, limiting the resulting crimes to only grave and/or less grave felonies. Hence, light felonies are excluded even though resulting from the same single act. Complex crimes result when the offender has to commit an offense as a necessary means for committing another offense. Only one information shall be filed and if proven, the penalty for the more serious crime shall be imposed. 23. Distinguish clearly but briefly between justifying and exempting circumstances. Justifying circumstance affects the act, not the actor; while exempting circumstance affects the actor, not the act. In justifying circumstance, no criminal and, generally, no civil liability is incurred; while in exempting circumstance, civil liability is generally incurred although there is no criminal liability. In justifying circumstances: a) The circumstance affects the act, not the actor; b) The act is done within legal bounds, hence considered as not a crime; c) Since the act is not a crime, there is no criminal; d) There being no crime nor criminal, there is no criminal nor (as a rule) civil liability. Whereas, in exempting circumstances: a) The circumstance affects the actor, not the act; b) The act is felonious and hence a crime but the actor acted without voluntariness; c) Although there is a crime, there is no criminal because the actor is regarded only as an instrument of the crime; d) There being a wrong done but no criminal, there is civil liability but no criminal liability. 24. Distinguish generic aggravating circumstance from qualifying aggravating circumstance. Generic aggravating circumstances:

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LIBERTAS ET IUSTICIA 2015 CRIMINAL LAW

a) Affects the nature of the crime or brings about a penalty higher in degree than that ordinarily prescribed. b) Can be offset by ordinary mitigating circumstances; c) Need not be alleged in the Information as long as proven during the trial, the same shall be considered in imposing the sentence. Qualifying circumstances: a) Must be alleged In the Information and proven during trial; b) Cannot be offset by mitigating circumstances; c) Affects the nature of the crime or brings about a penalty higher in degree than that ordinarily prescribed. 25. Distinguish between an accomplice and a conspirator. a) An accomplice incurs criminal liability by merely cooperating in the execution of the crime without participating as a principal, by prior or simultaneous acts; whereas a conspirator participates in the commission of a crime as a co-principal. b) An accomplice incurs criminal liability in an individual capacity by his act alone of cooperating in the execution of the crime; while a conspirator incurs criminal liability not only for his individual acts in the execution of the crime but also for the acts of the other participants in the commission of the crime collectively. The acts of the other participants in the execution of the crime are considered also as acts of a conspirator for purposes of collective criminal responsibility. c) An accomplice participates in the execution of a crime when the criminal design or plan is already in place; whereas a conspirator participates in the adoption or making of the criminal design. d) An accomplice is subjected to a penalty one degree lower than that of a principal; whereas a conspirator incurs the penalty of a principal. 26. Distinguish pecuniary penalties from pecuniary liabilities. (2%) (2005 Bar Question) p. 154 Pecuniary penalties are those which a convicted offender may be required to pay in money to the Government. These are: a) fine; and b) costs of the proceedings. Pecuniary liabilities, on the other hand, are those which a convicted offender is required to pay in money to the offended party and to the Government. They are: a) reparation of the damage caused; b) indemnification of consequential damages; c) fine; and d) costs of the proceedings (Art. 38, RPC) The first two liabilities are payable as civil indemnity to the private parties offended by the crime; while the last two are payable to the Government.

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“Nam omnia praeclara tam difficilia quam rara sunt” For all that is excellent and eminent is as difficult as it is rare -Spinoza on Ethics

27. Distinguish Highway Robbery under Presidential Decree No. 532 from Robbery committed on a highway. a) In Highway Robbery under PD 532, the robbery is committed indiscriminately against persons who commute in such highways, regardless of the potentiality they offer; while in ordinary Robbery committed on a highway, the robbery is committed only against predetermined victims; b) It is Highway Robbery under PD 532, when the offender is a brigand or one who roams in public highways and carries out his robbery in public highways as venue, whenever the opportunity to do so arises. It is ordinary Robbery under the Revised Penal Code when the commission thereof in a public highway is only incidental and the offender is not a brigand; and c) In Highway Robbery under PD 532, there is frequency in the commission of the robbery in public highways and against persons travelling thereat; whereas ordinary Robbery In public highways is only occasional against a predetermined victim, without frequency in public highways. 28. Distinguish rebellion from coup d'etat. In rebellion, there is public uprising and taking up arms against the Government. In coup d'etat public uprising is not necessary. The essence of the crime is a swift attack, accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Government, or any military camp or installation, communication networks, public utilities or facilities needed for the exercise and continued possession of government power; Purpose: In rebellion, the purpose is to remove from the allegiance of the Philippines, the whole or any part or the Philippines or any military or naval camps, deprive the Chief Executive or Congress from performing their functions. In coup d'etat the objective is to seize or diminish state powers. Participation: In rebellion, any person may participate. In coup d'etat, any person belonging to the military or police or holding public office, with or without civilian participation. 29. How is malversation distinguished from estafa? Malversation differs from estafa in that malversation is committed by an accountable public officer involving public funds or property under his custody and accountability; while estafa is committed by non-accountable public officer or private individual involving funds or property for which he is not accountable to the government. 30. Distinguish coercion from illegal detention. Coercion may be distinguished from illegal detention as follows: in coercion, the basis of criminal liability is the employment of violence or serious intimidation approximating violence, without authority of law, to prevent a person from doing something not prohibited by law or to compel him to do something against his will, whether it be right or wrong; while in illegal detention, the basis of liability is the actual restraint or locking up of a person, thereby depriving him of his liberty without authority of law. If there was no intent to lock up or detain the offended party unlawfully, the crime of illegal detention is not committed.

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31. Distinguish slander by deed from maltreatment. Slander by deed is a crime committed when a person publicly subjects another to an act intended or calculated to cast dishonor, discredit or contempt upon the latter. Absent the intent to cast dishonor, discredit, contempt, or insult to the offended party, the crime is only maltreatment under Art. 266, par. 3, where, by deed, an offender ill-treats another without causing injury. 32. Distinguish clearly but briefly between oral defamation and criminal conversation. Oral defamation, known as slander, is a malicious imputation of any act, omission, condition or circumstance against a person, done orally in public, tending to cause dishonor, discredit, contempt, embarrassment or ridicule to the latter. This is a crime against honor penalized in Art. 358 of the Revised Penal Code. Criminal conversation. The term is used in making a polite reference to sexual intercourse as in certain crimes, like rape, seduction and adultery. It has no definite concept as a crime. 33. Enumerate the differences between pardon and amnesty. In pardon: The convict is excused from serving the sentence but the effects of conviction remain unless expressly remitted by the pardon; hence, for pardon to be valid there must be a sentence already final and executory at the time the same is granted. Moreover, the grant is in favor of individual convicted offenders, not to a class of convicted offenders; and the crimes subject of the grant may be common crimes or political crimes. Finally, the grant is a private act of the Chief Executive which does not require the concurrence of any other public officer or office. In amnesty: The criminal complexion of the act constituting the crime is erased, as though such act was innocent when committed; hence, the effects of the conviction are obliterated. Amnesty is granted is in favor of a class of convicted offenders, not to individual convicted offenders; and the crimes involved are generally political offenses, not common crimes. Amnesty is a public act that requires the conformity or concurrence of the Philippine Senate. 34. What is the difference between violation of domicile and trespass to dwelling? The differences between violation of domicile and trespass to dwelling are: a.

The offender in violation of domicile is a public officer acting under color of authority; in trespass to dwelling, the offender is a private person or public officer acting in a private capacity.

b. Violation of domicile is committed in 3 different ways: (1) by entering the dwelling of another against the will of the latter; (2) searching papers and other effects inside the dwelling without the previous consent of the owner; or (3) refusing to leave the premises which he entered surreptitiously, after being required to leave the premises. Trespass to dwelling is committed only in one way; that is, by entering the dwelling of another against the express or implied will of the latter. 35. What is the difference between a fence and an accessory to theft or robbery? Explain. One difference between a fence and an accessory to theft or robbery is the penalty involved; a fence is punished as a principal under P.D. No. 1612 and the penalty is higher, whereas an accessory to robbery or theft under the Revised Penal Code is punished two degrees lower than the principal, unless he bought or profited from the proceeds of theft or robbery arising from robbery in

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“Nam omnia praeclara tam difficilia quam rara sunt” For all that is excellent and eminent is as difficult as it is rare -Spinoza on Ethics

Philippine highways under P.D. No. 532 where he is punished as an accomplice, hence the penalty is one degree lower. Also, fencing is a malum prohibitum and therefore there is no need to prove criminal intent of the accused; this is not so in violations of Revised Penal Code. 36. State the concept/ doctine of “implied conspiracy” and give its legal effects. The doctrine of conspiracy holds two or more persons participating in the commission of a crime collectively responsible and liable as co-conspirators although absent any agreement to that effect, when they act in concert, demonstrating unity of criminal intent and a common purpose or objective. The existence of a conspiracy shall be inferred or deduced from their criminal participation in pursuing the crime and thus the act of one shall be deemed the act of all. An “implied conspiracy” is one which is only inferred or deduced from the manner the participants in the commission of crime carried out its execution. Where the offenders acted in concert in the commission of the crime, meaning that their acts are coordinated or synchronized in a way indicative that they are pursuing a common criminal objective, they shall be deemed to be acting in conspiracy and their criminal liability shall be collective, not individual. The legal effects of an “implied conspiracy” are: a) Not all those who are present at the scene of the crime will be considered conspirators; b) Only those who participated by criminal acts in the commission of the crime will be considered as co-conspirators; and c) Mere acquiescence to or approval of the commission of the crime, without any act of criminal participation, shall not render one criminally liable as co-conspirator. 37. What is the doctrine of pro reo? How does it relate to Article 48 of the Revised Penal Code? The doctrine of pro reo advocates that penal laws and laws penal in nature are to be construed and applied in a way lenient or liberal to the offender, consonant to and consistent with the constitutional guarantee that an accused shall be presumed innocent until his guilt is established beyond reasonable doubt. Following the pro reo doctrine, under Art. 48 of the Revised Penal Code, crimes are complexed and punished with a single penalty (i.e that prescribed for the most serious crime and to be imposed in its maximum period). The rationale being, that the accused who commits two crimes with single criminal impulse demonstrates lesser perversity than when the crimes are committed by different acts and several criminal resolutions. (People v. Comadre, 431 SCRA 366, 384 [2004}. However, Art. 48 shall be applied only when it would bring about the imposition of a penalty lesser than the penalties imposable for all the component crimes if prosecuted separately instead of being complexed. 38. What are the instances where proof of motive is not essential or required to justify conviction of an accused? Give at least 3 instances. Proof of motive is not required – a) Where the offender is positively identified or b) Has admitted the commission of the crime (People v. Yurong, 133 SCRA 26 (1984] citing People v. Realon, et. al., 94 SCRA 422 [1980]); c) Where the crime committed is a malum prohibitum; or

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d) Where the crime is the product of culpa or criminal negligence. 39. What are the different schools of thought or theories in Criminal Law and describe each briefly. There are two schools of thought in Criminal Law, and these are (a) the classical theory, which simply means that the basis of criminal liabilities is human free will, and the purpose of the penalty is retribution which must be proportional to the gravity of the offense; and (b) the positivist theory, which considers man as a social being and his acts are attributable not just to his will but to other forces of society. As such, punishment is not the solution, as he is not entirely to be blamed; law and jurisprudence should not be the yardstick in the imposition of sanction, instead the underlying reasons would be inquired into. 40. What are heinous crimes? Name ten (10) specific heinous crimes. Heinous crimes are those which are punishable by death for being grievous, odious and hateful offenses and which, by reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common standards and norms of decency and morality in a just, civilized and ordered society. The ten specific heinous crimes are: a) Treason b) Qualified Piracy c) Qualified Bribery d) Parricide e) Murder f) Kidnapping and Serious Illegal Detention g) Robbery with Homicide h) Destructive Arson i) Rape committed by two or more persons, or with a deadly weapon or with homicide j) Plunder 41. What are the three cardinal features or main characteristics of Philippine Criminal Law? a) Generality or its being binding to all persons who live or sojourn in Philippine territory subject to certain exceptions; b) Territoriality or its having force and effect only within Philippine territory, subject to certain exceptions also; c) Prospectivity or its application only to acts and omissions committed/incurred after the effectivity of the law. 42. What are the limitations upon the power of congress to enact penal laws? a) Congress cannot enact an ex post facto law. b) Congress cannot enact a bill of attainder. c) Congress cannot provide for a cruel punishment. [Restate: Congress cannot impose excessive fines, nor provide for a cruel, degrading or inhuman punishment. (Sec 19(a), Art III, Const)] However, other limitations may be considered like: a) Congress cannot enact a law which shall punish for a condition. Congress shall punish an act and not the condition or status. (Robinson vs. California).

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“Nam omnia praeclara tam difficilia quam rara sunt” For all that is excellent and eminent is as difficult as it is rare -Spinoza on Ethics

b) Congress should consider Article 21 of the Revised Penal Code which provides that “penalties that may be imposed. No felony shall be punishable by any penalty not prescribed by law prior to its commission.” 43. What are the factors you must consider to arrive at the correct penalty? a) b) c) d) e)

Determine the crime committed; Stage of execution and degree of participation; Determine the penalty; Consider the modifying circumstances; Determine whether Indeterminate Sentence Law is applicable or not.

44. What are the instances when the death penalty could not be imposed, although it should otherwise ordinarily be meted out? a) When the guilty party is below 18 years of age at the time of the commission of the crime or when the offender is more than 70 years of age. b) When upon appeal or automatic review of the case by the Supreme Court, the required majority vote is not obtained for the imposition of the penalty, in which case the penalty shall be reclusion perpetua. 45. What are the penalties that may be served simultaneously? The penalties that may be served simultaneously are imprisonment/destierro and: a) Perpetual absolute disqualification; b) Perpetual special disqualification; c) Temporary absolute disqualification; d) Temporary special disqualification; e) Suspension from public office, the right to vote and be voted for, and the right to follow a profession or calling; f) Fine; and any principal penalty with its accessory penalties. 46. What are the 3 ways of committing arbitrary detention? a) By detaining or locking up a person without any legal cause or ground therefor purposely to restrain his liberty (RPC, Art. 124); b) By delaying delivery to the proper judicial authority of a person lawfully arrested without a warrant (RPC, Art. 125); and c) By delaying release of a prisoner whose release has been ordered by competent authority (RPC, Art. 126). In all the above-stated ways, the principal offender should be a public officer acting under color of his authority. 47. What are the legal grounds for detention? a) Commission of a crime; b) Violent insanity or other ailment requiring compulsory confinement in an institution established for such purpose.

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48. What are the different acts of inciting to sedition? The different acts which constitute the crime of inciting to sedition are: a) Inciting others through speeches, writings, banners and other media of representation to commit acts which constitute sedition; b) Uttering seditious words, speeches or circulating scurrilous libels against the Government of the Philippines or any of its duly constituted authorities, which tend to disturb or obstruct the performance of official functions, or which tend to incite others to cabal and meet for unlawful purposes; c) Inciting through the same media of representation rebellious conspiracies or riots; d) Stirring people to go against lawful authorities, or disturb the peace and public order of the community or of the Government; or e) Knowingly concealing any of the aforestated evil practices (Art. 142, Rev. Penal Code). 49. What are the elements of fencing? a) A crime of robbery or theft has been committed: b) Accused, who is not a principal or accomplice in the crime, buys, receives, possesses, keeps, acquires, conceals, or disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value, which has been derived from the proceeds of said crime; c) The accused knows or should have known that said article, item, object or anything of value has been derived from the from the proceeds of the crime of robbery or theft; and d) There is, on the part of the accused, intent to gain for himself or for another. 50. What are the three (3) classes of offenders in the crime of qualified seduction? Give an example of each. a) Those who exercise moral influence over the victim, such as a priest who acts as spiritual adviser of the victim, or a teacher in the school where the victim is enrolled; b) A brother or ascendant by consanguinity of the victim, such as her uncle; and c) Those who are regarded as "domestic" in relation to the victim, enjoying the confidence and intimacy shared by members of the same household, such as household helpers and boarders living under the same roof and with same household as the victim.

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