Distinguish Robbery with Violence from Grave Threats and Grave Coercion. (2.

5pts)

The following are the distinctions of Robbery from Grave Threats and Grave Coercion:

a. In Robbery, there is intent to gain while in Grave Threats and Grave Coercion, there is no intent
to gain;
b. In Robbery, there is immediate harm while in Grave Threats, the intimidation promises some
future harm or injury and in Grave Coercion, the intimidation is immediate and offended party is
compelled to do something against his will.

Distinguish Robbery from Bribery (2.5pts)

The distinction of Robbery from Bribery is that:

In Robbery, the victim is deprived of his money or property by force or intimidation while in Bribery, he
parts with his money, in a sense, voluntarily.

Enumerate the Crimes against Property. (5pts)

The following are the crimes against property:
1. ROBBERY ART. 293
2. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS ART. 294
3. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE AND
BY A BAND, OR WITH THE USE OF FIREARM ON A STREET, ROAD OR ALLEY ART. 295
4. ROBBERY COMMITTED BY A BAND ART. 296
5. ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN
CIRCUMSTANCES ART. 297
6. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION ART. 298
7. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO
WORSHIP ART. 299
8. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND ART. 300
9. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING ART. 302
10. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR
PRIVATE BUILDING ART. 303
11. POSSESSION OF PICKLOCKS OR SIMILAR TOOLS ART. 304
12. FALSE KEYS ART. 305
13. BRIGANDAGE ART. 306
14. AIDING AND ABETTING A BAND OF BRIGANDS ART. 307
15. THEFT ART. 308
16. QUALIFIED THEFT ART. 310
17. THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM
ART. 311
18. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY
ART. 312
19. ALTERING BOUNDARIES OR LANDMARKS ART. 313
20. CULPABLE INSOLVENCY FRAUDULENT INSOLVENCY ART. 314
21. SWINDLING (ESTAFA) ART. 315
22. OTHER FORMS OF SWINDLING ART. 316
23. SWINDLING A MINOR ART. 317
24. OTHER DECEITS ART. 318
25. REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY ART. 319
26. DESTRUCTIVE ARSON ART. 320
27. MALICIOUS MISCHIEF ART. 327
28. SPECIAL CASES OF MALICIOUS MISCHIEF OR QUALIFIED MALICIOUS MISCHIEF ART.
328
29. OTHER MISCHIEFS ART. 329
30. DAMAGE OR OBSTRUCTION TO MEANS OF COMMUNICATION ART. 330
31. DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS ART.
331

Enumerate the Crimes against Chastity. (2.5pts)

The following are the crimes against chastity:

1. ADULTERY ART. 333

2. CONCUBINAGE ART. 334
3. ACTS OF LASCIVIOUSNESS ART. 336
4. QUALIFIED SEDUCTION ART. 337
5. SIMPLE SEDUCTION ART. 338
6. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY ART.
339
7. CORRUPTION OF MINORS ART. 340
 8. WHITE SLAVE TRADE ART. 341
9. FORCIBLE ABDUCTION ART. 342
10. CONSENTED ABDUCTION ART. 343

Enumerate the Crimes against Civil Status. (2.5pts)

The following are the crimes against Civil Status:

a. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER AND

CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD ART. 347
b. USURPATION OF CIVIL STATUS ART. 348
c. BIGAMY ART. 349
d. MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS ART. 350
e. PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY ART. 352

Swindling (estafa). (5pts)

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of value which the offender shall
deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or
illegal consideration.
(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other
personal property received by the offender in trust or on commission, or for administration, or
under any other obligation involving the duty to make delivery of or to return the same, even
though such obligation be totally or partially guaranteed by a bond; or by denying having received
such money, goods, or other property.
(c) By taking undue advantage of the signature of the offended party in blank, and by writing any
document above such signature in blank, to the prejudice of the offended party or of any third
person.

2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions, or by means of other similar deceits.
(b) By altering the quality, fineness or weight of anything pertaining to his art or business.
(c) By pretending to have bribed any Government employee, without prejudice to the action for
calumny which the offended party may deem proper to bring against the offender. In this case,
the offender shall be punished by the maximum period of the penalty.
(d) By post-dating a check, or issuing a check in payment of an obligation when the offender
therein were not sufficient to cover the amount of the check. The failure of the drawer of the
check to deposit the amount necessary to cover his check within three (3) days from receipt of
notice from the bank and/or the payee or holder that said check has been dishonored for lack of
insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or
fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)
(e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house and the like without paying therefor, with intent to
defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding
house, lodging house, or apartment house by the use of any false pretense, or by abandoning or
surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house,
lodging house or apartment house after obtaining credit, food, refreshment or accommodation
therein without paying for his food, refreshment or accommodation.

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.
(b) By resorting to some fraudulent practice to insure success in a gambling game.
(c) By removing, concealing or destroying, in whole or in part, any court record, office files,
document or any other papers.

Distinguish Estafa with abuse of confidence from Malversation. (2.5pts)

The following are the distinctions of Estafa with abuse of confidence from Malversation:

a. In the former, the funds or property are always private while in the latter, it involves public
funds or property;
b. In the former, the offender is a private individual or even a public officer who is not
accountable for public funds or property while in the latter, the offender is usually a public
officer is accountable for public funds or property; and
c. In the former, the crime is committed by misappropriating, converting or denying having
received money, goods or other personal property while in the latter, the crime is committed
by appropriating, taking or misappropriating or consenting, or, through abandonment or
negligence, permitting any other person to take the public funds or property.

Distinguish Accessory in theft or robbery from the crime of fencing. (2.5pts)

 The following are the distinctions of Accessory in theft or robbery from the crime of fencing:

a. In the former, it imposes a penalty which is two degrees lower than that prescribed for the
principal while in the latter, it imposes heavier penalty;
b. In the former, the subject is an accessory after the fact in the crime of theft or robbery under
the Revised Penal Code while in the latter, the subject is a principal in the crime of fencing;
c. In the former, it is a malum in se crime while in the latter, it is a malum prohibitum crime;
d. In the former, the Revised Penal Code provides no presumption while in the latter, the mere
possession of any good, article, item, object, or anything of value which has been the subject
of robbery or thievery shall be prima facie evidence of fencing; and
e. In the former, accessories are exempt from criminal liability if principal merely committed light
felony while in the latter, there is no provision on criminal exemption.

What are the elements of fencing? (2.5pts)

The following are the elements of fencing:

1. A crime of robbery or theft has been committed;

2. The accused, who is not a principal or accomplice in the commission of the crime of robbery or
theft, buys, receives, possesses, keeps, acquires, conceals, sells 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 the said crime;
3. The accused knows or should have known that the said article, item, object or anything of value
has been derived from the proceeds of the crime of robbery or theft; and
4. There is on the part of the accused, intent to gain for himself or for another.

5 instances of Destructive Arson. (2.5pts)

1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of
simultaneous burnings, committed on several or different occasions.
2. Any building of public or private ownership, devoted to the public in general or where people usually
gather or congregate for a definite purpose such as, but not limited to, official governmental function or
business, private transaction, commerce, trade, workshop, meetings and conferences, or merely
incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public
conveyances or stops or terminals, regardless of whether the offender had knowledge that there are
persons in said building or edifice at the time it is set on fire and regardless also of whether the building is
actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or
for public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the
service of public utilities.
5. Any building the burning of which is for the purpose of concealing or destroying evidence of another
violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from
insurance.

Define carnapping under the “New Anti-Carnapping Act of 2016”. (2.5pts)

Under the “New Anti-Carnapping Act of 2016”, carnapping is defined as the taking, with intent to
gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against
or intimidation of persons, or by using force upon things.

What are the four elements of carnapping? (2.5pts)

The four elements of carnapping are as follows:

1. There is an actual taking of the vehicle;

2. The vehicle belongs to a person other than the offender himself;
3. The taking is without the consent of the owner thereof; or that the taking was committed by
means of violence against or intimidation of persons, or by using force upon things; and
4. The offender intends to gain from the taking of the vehicle.

What is Identity transfer under the “New Anti-Carnapping Act of 2016”. (2.5pts)

Under the “New Anti-Carnapping Act of 2016”, Identity transfer refers to the act of transferring the
engine number, chassis number, body tag number, plate number, and any other identifying marks of a
motor vehicle declared as “total wreck" or is beyond economic repair by concerned car insurance
companies and/or law enforcement agencies after its involvement in a vehicular accident or other incident
and registers the same into another factory-made body or vehicle unit, of the same classification, type,
make or model.

Distinguish B.P. 22 from Estafa. (2.5pts)

The following are the distinctions of B.P. 22 from Estafa:
a. In the former, it is a malum prohibitum crime while in the latter, it is a malum in se crime;
b. In the former, it is a crime against public interest while in the latter, it is a crime against property;
c. In the former, deceit not required while in the latter, deceit is an element;
d. In the former, it punishes the making or drawing of any check that is subsequently dishonoured,
whether issued in payment of an obligation or to merely guarantee an obligation. Issuance of a
check not the non-payment of obligation is punished while in the latter, the act constituting the
offense is postdating or issuing a check in payment of an obligation when the offender has no
funds in the bank or his funds deposited therein were not sufficient to cover the amount of the
check;
e. In the former, it is violated if check is issued in payment of a pre-existing obligation while in the
latter, it is not violated if check is issued in payment of a pre-existing obligation;
f. In the former, damage not required while in the latter, there must be damage;
g. In the former, drawer is given 5 banking days to make arrangements of payment after receipt of
notice of dishonor while in the latter, drawer is given 3 days to make arrangements of payment
after receipt of notice of dishonour.

Elements of Acts of Lasciviousness. (2.5pts)

The following are the elements of Acts of Lasciviousness:

1. Offender commits any act of lasciviousness or lewdness;
2. Act of lasciviousness is committed against a person of either sex; and
3. It is done under any of the following circumstances:
a. By using force or intimidation;
b. When the offended party is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; or
d. When the offended party is under 12 years of age or is demented.

Distinguish Intriguing against honor from Slander. (2.5pts)

The distinction of Intriguing against honor from Slander is that, in the former, the source of the
defamatory utterance is unknown and the offender simply repeats or passes the same, without
subscribing to the truth thereof while in the latter, the offender made the utterance, where the source of
the defamatory nature of the utterance is known, and offender makes a republication thereof, even though
he repeats the libelous statement as coming from another, as long as the source is identified.

Define Libel. (2.5pts)

A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or
any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt
of a natural or juridical person, or to blacken the memory of one who is dead.

Elements of:
a. AIDING AND ABETTING A BAND OF BRIGANDS ART. 307
1. There is a band of brigands;
2. Offender knows the band to be of brigands; and
3. Offender does any of the following acts:
a. He in any manner aids, abets or protects such band of brigands;
b. He gives them information of the movements of the police or other peace officers of the
government; or
c. He acquires or receives the property taken by such brigands.

b. MALICIOUS MISCHIEF ART. 327

1. Offender deliberately caused damage to the property of another;
2. Such act does not constitute arson or other
crimes involving destruction; and
3. Act of damaging another’s property be committed merely for the sake of damaging it.

c. FORCIBLE ABDUCTION ART. 342

1. Person abducted is any woman, regardless of her age, civil status, or reputation;
2. Abduction is against her will; and
3. Abduction is with lewd designs.

d. CONSENTED ABDUCTION ART. 343

1. Offended party must be a virgin;
2. She must be over 12 and under 18 years of age;
3. Taking away of the offended party must be with her consent, after solicitation or cajolery from the
offender; and
4. Taking away of the offended party must be with lewd designs.

e. ADULTERY ART. 333

1. To convict a woman for adultery, it is necessary:
a. That she is a married woman; and
b. That she unites in sexual intercourse with a man not her husband.
2. To convict a man for adultery, it is necessary:
a. That he had actual intercourse with a married woman; and
b. That he commits the act with the knowledge that said woman is married.

f. CONCUBINAGE ART. 334

1. Man must be married;
2. He committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling;
b. Having sexual intercourse, under scandalous circumstances, with a woman who is not his wife;
or
c. Cohabiting with her in any other place.