Monday

Criminal Law 2 - Finals

These are the questions asked in my final exams in CRIM2 under Atty. RLM.

I.

Distinguish the following
1. Grave Threats from Grave Coercion
2. Direct Bribery from Indirect Bribery
3. Concubinage from Adultery
4. Rebellion from Sedition
5. Recidivism from Quasi-Recidivism
6. Threatening to Publish Libel from Threat to Extort Money
7. Evasion of Service of Sentence from Delivering Prisoner’s from Jail
8. Falsification from Perjury
9. Estafa from Malversation of Public Funds
10. Brigandage from Robbery in Band

II.

1. What is Libel? Discuss its requisites.

2. A, police officer, chanced upon B littering in the public place in violation of the city ordinance. A put B under arrest. B retorted that he could not be arrested because the penalty for littering is only fine and not imprisonment. A told B that he would not be bringing B to the authorities if the latter would give him P2,000. the amount of the fine. B, in disgust, gave him P200.00 instead. What crime was committed? Explain fully.

III.

1. Pedro deposited imported products in Juan’s warehouse under a Storage Agreement. Two weeks after, he inspected the warehouse and found out that he sustained losses because of pilferage. He confronted Juan who denied that he has a hand in the pilferage. Pedro filed a case against Juan for the loss of his products. What crime should he charged in this case?
Explain fully.

2. What are the acts punishable under Batas Pambansa Big. 22?

IV.

1. Paris invited Hector into a business venture. According to him, certain European company is interested in buying Jathropa seeds for their biofuels project. They have agreed to invest on the project with Hector providing almost all the funds. Paris, on the other hand, took care of the planting and cultivation. A year after, and when harvest is due, no European company showed up to buy the seeds. Hector demanded his money back. Paris refused to make any refund saying that it was a business venture and, hence, they both suffered the loss. Hector filed Estafa against Paris. Discuss whether or not Estafa was committed.

2. Jules is the company driver of Vandoom Research Inc. As a driver, he is provided gasoline coupons which he can use in asking for gasoline for his truck at any Shell gasoline station. An audit was made by the company’s account manager and it was found out that he had been selling away gas coupons. He was dismissed from work and the company was mulling to file a criminal case against him. Discuss whether Jules committed any crime.

V.

1. What are the different forms of repetition under the RPC? Discuss each.

2. Are good faith and lack of damage proper defenses in the crime of falsification?

VI.

1. When is proof of truth a defense in the crime of Libel?

2. What are the four ways of committing quasi-offenses under Article 365 of the Revised Penal Code?

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