Dear Students,

This is a take home examination. You can answer at LEAST

four questions (make sure they are of different topics).
However, you are encouraged to answer as many as you can or
all the 15 items if you wish. Grade credits for your answers beyond the
minimum requirement will be applied to your Midterm Examination.
Thank You.

EVALUATION EXAMINATION FOR TITLE THREE CRIMES AGAINST

PUBLIC ORDER:
1) On May 5, 1992 about 6:00 a.m. while Governor Alegre of
Laguna was on board his car travelling along the National
Highway of Laguna, Joselito and Vicente shot him on the head
resulting in his instant death. At that time, Joselito and Vicente
were members of the liquidation squad of the New Peoples
Army and they killed the governor upon orders of their senior
officer, Commander Tiago. According to Joselito and Vicente,
they were ordered to kill Governor Alegre because of his
corrupt practices.
If you were the prosecutor, what crime will you charge Joselito
and Vicente?

2) Distinguish: rebellion and coup detat based on their

constitutive elements as criminal offense.

3) If a group of persons belonging to the armed forces makes a

swift attack, accompanied by violence, intimidation and threat
against a vital military installation for the purpose of seizing
power and taking over such installation, what crime or crimes
are they guilty of.
If the attack is quelled but the leader is known, who shall be
deemed the leader thereof?

4) Supposing a public school teacher participated in a coup

detat using an unlicensed firearm. What crime or crimes did
he commit?

1
5) In the early morning of 25 October 1990, the troops of the
Logistics Command of the AFP at Camp General Emilio
Aguinaldo headed by their Operations Officer, Col. Rito
Amparo, withdrew firearms and bullets and per prior
agreement, attacked in separate teams, the offices of the
Chief of Staff the Secretary of National Defense, the Deputy
Chief of Staff of Operations, the Deputy Chief of Staff of
intelligence and other offices, killed three pro-government
soldiers, inverted the Philippine flag, barricaded all entrances
and exists to the camp, and announced complete control of
the camp. Because of the superiority of the pro-government
forces, Col, Amparo and his troops surrendered at 7:00 oclock
in the morning that day.
Did Col. Amparo and his troops commit the crime of coup
detat or rebellion?

6) Can there be a complex crime of coup d-etat with rebellion?

Can there be a complex crime of coup detat with sedition?

7) Ka Jacinto who is an NPA commander, was apprehended with

unlicensed firearms and explosives. He was accordingly
charged with illegal possession of said firearms and
explosives. He now questions the filing of the charges on the
ground that they are deemed absorbed in a separate charge
of rebellion filed against him. Decide the issue.

Suppose, Ka Jacinto using one of the unlicensed firearm, shot

and killed his neighbor in an altercation. May the charge of
murder and illegal possession of firearms be deemed absorbed
in the separate charge of rebellion filed against him? Resolve
the matter.

8) Rigoberto gate crashed the 71st birthday party of Judge

Lorenzo. Armed with a piece of wood, commonly known as dos
por dos, Rigoberto hit Judge Lorenzo on the back, causing the
latters hospitalization for 30 days. Upon investigation, it
appeared that Rigoberto had a grudge against Judge Lorenzo

2
 who, two years earlier, had cited Rigoberto in contempt and
ordered his imprisonment for 3 days.
Is Rigoberto guilty of Direct Assault? Why or why not?

9) A, a lady professor, was giving an examination. She noticed B,

one of the students, cheating. She called the students
attention and confiscated his examination booklet, causing
embarrassment to him. The following day, while the class was
going in, the student, B approached A and, without any
warning, slpped her. B would have inflicted further injuries on
A had not c, another student, come to As rescue and
prevented B from continuing his attack. B turned his ire on C
and punched the latter. What crime or crimes, if any did B
commit? Why?

10) A, a teacher at Mapa High School, having gotten mad at X

on his pupils, because of the latters throwing paper clips at
his classmates, twisted his right ear. X went out of the
classroom crying and proceeded home located at the back of
the school. He reported to his parents Y and Z what A had
done to him. Y and Z immediately proceeded to the school
building and because they were running and talking in loud
voices, they were seen by the Barangay Chairman, B, who
followed them as he suspected that an untoward incident
might happen. Upon seeing A inside the classroom, X pointed
him out to his father, Y who administered a fist blow on A,
causing him to fall down. When Y was about to kick A, B
rushed towards Y and pinned both of the latters arms. Seeing
his father being held by B, X went near and punched B on the
face, which caused him to lose his grip on Y. Throughout this
incident, Z shouted words of encouragement at Y, her
husband, and also threatened to slap A. Some security guards
of the school arrived, intervened and surrounded X, Y and Z so
that they could be investigated in the principals office. Before
leaving, Z passed near A ans threw a small flower pot at him
but it was deflected by B.
What if any, are the respective criminal liability of X, Y and Z?

3
 Would your answer be the same if B were a Barangay Tanod
only?

11) Because of the approaching town fiesta in San Miguel

Bulacan a was held in Barangay Camias. A, the Barangay
Cpatain, was invited to deliver a speech to start the dance.
While A was delivering his speech, B, one of the guests, went
to the middle of the dance floor making obscene dance
movements, brandishing a knife and challenging every one
present to a fight. A approached B and admonished him to
keep quiet and not to disturb the dance and peace of the
occasion. B instead of heeding the advice of A stabbed the
latter at his back twice when A turned his back to proceed to
the microphone to continue his speech, A fell to the ground
and died. At the time of the incident A was not armed. What
crime was committed? Explain.

12) Amy was apprehended and arrested Patrolman Bart for

illegal parking. She was detained at the police precinct,
underwent investigation, and released only after 48 hours. If
Amy resisted the arrest and grappled with patrolman Bart, is
she criminally liable thereby? State your answer.

13) Pascual operated a rice thresher in Barangay Napnud where

he resided. Renato, a resident of the neighboring Brgy.
Guihaman, also operated a mobile rice thresher which he
often brought to Brgy. Napnud to thresh the palay of the
farmers there. This was bitterly resented by Pascual. One
afternoon, Pascual, and his two sons confronted Renato and
his men who were operating their mobile rice thresher along a
feeder road in Napnud. A Barangay Chairman was fetched by
one of Pascuals men tried to appease Pascual and Renato to
prevent a violent confrontation. However, Pascual resented
the intervention of the Brgy. Chairman and hacked him to
death. What crime was committed by Pascual? Discuss fully.

14) To secure the release of his brother Willy, a detention

prisoner, and his cousin Vincent, who is serving sentence for

4
 Homicide, Chito asked the RTC Branch Clerk of Court to issue
an Order which would allow the 2 prisoners to be brought out
of jail. At first, the Clerk refused, but when Chito gave her Php
50,0000.00, she consented. She then prepared an Order
requiring the appearance in Court of Willy and Vincent,
ostensibly as witnesses in a pending case. She forged the
signature of the judge and delivered the Order to the Jail
Warden who, allowed Willy and Vincent to go out of jail in the
company of an armed escort, Edwin. Chito also gave Edwin
Php 50,000.00 to leave the two inmates unguarded for 3
minutes and provide them with an opportunity to escape.
Thus, Willy and Vincent were able toe scape. What crime or
crimes had been committed by Chito, Willy, Vincent, the
Branch Clerk of Court, Edwin and the Jail Warden. Explain your
answer.

15) Manny killed his wife under exceptional circumstances and

was sentenced by the Regional Trial Court of Dagupan City to
suffer the penalty of Diestierro during which he was not
allowed to enter the City. While serving sentence, Manny went
to Dagupan City to visit his mother. Later he was arrested. Did
Manny commit any crime?