Northeastern CollegeCollege of LawSantiago City

SPECIAL PENAL LAWS FINAL EXAMINATIONAtty. Christina A. Parubrub-Yere

November 16, 2015

INSTRUCTIONS: This is a take home examination. Read each question carefully. Understand what is asked for. Answer concisely with legal basis and applicable jurisprudence on the matter and write legibly. Write your answer for every question in a new page of your notebook. Examination booklets should be given to TJ Baltazar by 6:00 PM on November 20, 2015 (Friday) at the Dean’s Office. GOODLUCK!

IThe purpose of Indeterminate Sentence Law is to “uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness”. Discuss how the law achieves that purpose. (10 points)

IIOn November 2, 2015, Avelino was found guilty of Robbery by the RTC Br. 35, Santiago City and sentenced him to suffer the penalty of imprisionment to four years, two months and one day of prision correccional as minimum to eight years and twenty days of prision mayor as maximum.

a. On November 10, 2015, he appealed his judgment of conviction and applied for probation. As the judge, draft an Order on this matter submitted for your resolution. (5 points)

b. When he applied for probation, it was discovered that in March 2000, MTCC Br. II Santiago City has sentenced him to a six month imprisonment for less serious physical injuries which he fully served. May his application for probation be granted? Reason out. ( 5 points)

III

Roger was 17 years old when he committed homicide in 2010. The crime is punishable by reclusion temporal. After two years in hiding, he was arrested and appropriately charged in May 2012. Since RA No. 9344 (Juvenile Justice and Welfare Act of 2006) was already in effect, Roger moved to avail of the process of intervention or diversion.

a. What is intervention or diversion? Is Roger entitled to intervention or diversion? Explain. (5 points)

b. Suppose Roger’s motion for intervention or diversion was denied, and he was convicted two years later when he was already 21 years old, should the judge apply the suspension of sentence? Explain. (5 points)

IV

Linette, a.k.a. Lindsay/Baby Rosal were charged for large scale illegal recruitment and by a syndicate. Evidence revealed that private complainant Ederlyn Cayetano, Janley Bunuan, and Xavier Cantor Jr., were enticed by the accused to part with their money by assuring them of employment to Australia and South Korea as factory workers.  Despite payments of the amount of P30,000.00 and US$500 for Cayetano, P90,000 for Bunuan, and P110,000.00 by Cantor, the accused promises of overseas employment did not materialize.  The POEA certified that Linette and her purported agency, Florida Travel and Tours did not have the requisite license to recruit workers for overseas employment.  In her defense, Linette averred that her real name is Lindsay Rosal, not Linette Arnaiz.  Her office is only a travel agency and only processed the issuance of visas in the different embassies in the Philippines.  She merely assisted the accused in securing visas, which she facilitated.  The signature appearing on the voucher belonged to her secretary, Linette Arnaiz. Is Linette/Lindsay guilty of the crime charged? (10 points)

V

Sammy asked Mariano to join their group for a “session”. Thinking that it was a mahjong session, Mariano agreed. Upon reaching

Sammy’s house, Mariano discovered that it was actually a shabu session as Romeo, Celedonio and Precioso were enjoying in their pot session. At that precise time, the place was raided by elements of CIDG Santiago City and Mariano was among those arrested.

Sammy and Mariano were charged for Violation of Sec.7, Art. II of RA No. 9165. While Romeo, Celedonio and Precioso were charged for Violation of Sec. 11 and Sec. 15, Art. II of RA No. 9165.

a. As Mariano’s defense counsel, what will be your arguments to secure a judgment of acquittal for the charged of Violation of Sec.7, Art. II of RA No. 9165? (5 points)

b. Were the charges against Romeo, Celedonio, and Precioso proper? Explain. (5 points)

VIa. Corazon, an assistant public highschool principal, acted to

facilitate the release of salary differentials and election duty per diem of classroom teachers with the agreement that they would reimburse her for her expenses. Did Corazon commit a crime? Explain. (5 points)

b. Discuss whether a public officer charged under Sec.3(b) of Republic Act No. 3019 may also be simultaneously or successively charged with direct bribery under Article 210 of the Revised Penal Code. ( 5 points)

VII

Through kickback, percentages or commissions and other fraudulent schemes/conveyances and taking advantage of his position. Eduardo, a former mayor of a suburban town, acquired assets amounting to Php.10 billion which is grossly disproportionate to his lawful income. Due to his influence and connections and despite knowledge by the authorities of his ill-gotten wealth, he was charged with the crime of plunder only after 20 years from his defeat in the last elections he participated in.

a. May Eduardo still be held criminally liable? Why? (5 points)

b. Can the State still recover the properties and assets that he illegally acquired, the bulk of which is in the name of his wife and children? Reason out. (5 points)

VIII

a. Alice asked support from her facebook friend Olivia who accommodated her by issuing in her favor a postdated check in the sum of Php.90,000.00. Both of them knew that the check would not be honored because Olive’s account had just been closed. The two then approached a franchising expert Rowena whom they asked to change the check with cash, even agreeing that the exchange be discounted at Php.85,000.00 with the assurance that the check shall be funded upon maturity. Upon Rowena’s presentment of the check for payment on due date, it was dishonoured because the account had already been closed. What action/s may Rowena commence against Alice and Olivia to hold them account for the loss of her Php.85,000.00? (3 points)

b. Discuss whether Adminitrative Circular No. 12-2000 remove imprisonment as a penalty nor decriminalize BP Blg. 22? (7 points)

IX

a. Allan, a government employee, was in a hurry to return to his office after a day-long official conference. He alighted from the government car which was officially assigned to him, leaving the ignition key and the car unlocked, and rushed to his office. Ogie, a bystander, drove off with the car and later sold the same to Andy. Andy met a minor accident that made the examination of his vehicle’s Certificate of Registration necessary. When the policeman checked the plate, chassis and motor numbers of the vehicle against those reflected in the Registration Certificate, the policemn found the chassis and motor numbers to be different from what the Registration Certificate stated. Upon verification with the LTO, it correspond to a vehicle previously reported as carnapped. If you were the prosecutor, would you or would you not charged Andy with a violation of the Anti-Carnapping Act? Why? (5 points)

b. Sonny, a tricycle driver, plied his usual route using a Honda motorcycle with sidecar. One evening, Raul rode on the sidecar, poked a knife at Sonny and instructed him to go near the bridge. Upon reaching the bridge, Raul asked Sonny to alight from the motorcycle and Raul drove away the tricycle. Raul was charged of anti-carnapping act. In his defense, he raised the argument that the tricycle in question is not a motor vehicle as the anti-carnapping law defines the term because it is not licensed to operate on the “public highways”. Is Raul’s contention correct? (5 points)

XKarlo was charged with violation of RA No. 9262 because he allegedly used physical violence against Lay, her former girlfriend. When the Information was filed and a warrant of arrest was issued against him, he filed a Motion for Judicial Determination of Probable Cause and to Quash Information. According to him, he cannot be charged with violation of RA No. 9262 because the incident subject of the case happened after their break-up, which Lasy admitted in her affidavit; hence, there is no more “dating relationship” which will make the case fall under RA No. 9262 and the appropriate case should be slight physical injuries only. Prepare a Resolution resolving the motion of Karlo. (10 points)