Criminal Law 2

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LEX LEONUM FRATERNITAS

We do not believe in the power of force used as reason, but in the power of reason used as force.

Criminal Law II Judge Bernelito Fernandez


1. Jose issued a post-dated check to Pedro in consideration of a delivery of car spare parts. When
Pedro presented the said check, the same bounced as the account it was drawn from had
insufficient funds.
a. Can Pedro file criminal charges against Juan for Estafa and BP 22 simutaneously?
b. Would your answer be the same if Pedro was a relative of Juan?
c. What if the check was issued months before prior to the delivery of the car spare parts?
d. Juan contends that BP 22 is unconstitutional. Decide of his contention.
e. What if Pedro only presented the check to the bank 94 days after the check was issued
to him.

2. Distinguish: Negligence Imprudence, Indirect Bribery Direct Bribery, Law of Malice Law of
Fact, Illegal Detention Arbitrary Detention, Grave Threats Grave Coercions

3. Maria, a pregnant woman, attempted to commit suicide by drinking a poisonous substance and
did not die but instead caused abortion of her baby. What crime/s is/are committed?

4. What if Eve, who thought that she was pregnant but in fact was not, drank an abortive
substance to cause intentional abortion. What is the crime committed if any?

5. John, a married man, and Mary, a married woman, married each other and after had sexual
intercourse. What are crimes committed if any?

6. Maria surprised Juan, her husband, having sexual intercourse with his paramour then after
deliberately cut-off Juans penis. During trial, Maria invoked Art. 247. But Juans counsel argued
that mutilation is not one that is contemplated in the said article. Decide.

7. Mario, a married man, had sexual intercourse with Maria who was also married but Mario did
not know such fact. What crimes are chargeable against Mario and/or Maria if any.?

8. Doctor John deliberately stopped the life support of Mario who was attached to it for 6 months.
Then after the detachment, Mario immediately died. What is/are the crimes committed?

-END 2013 by the Exalted Lion of Mendiola

Destiny favors the brave

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