Scribd
Upload
7 views3 pages

Assignment 2

The document presents a series of legal scenarios involving various individuals charged with different crimes, including Estafa, Frustrated Homicide, Murder, and complex crimes. It poses questions regarding the criminal liability of the individuals involved, their potential recidivism, and the applicability of mitigating circumstances. Additionally, it discusses the concept of complex crimes and the implications of familial relationships in legal proceedings.

Uploaded by

Christy faith Bassong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
7 views3 pages

Assignment 2

The document presents a series of legal scenarios involving various individuals charged with different crimes, including Estafa, Frustrated Homicide, Murder, and complex crimes. It poses questions regarding the criminal liability of the individuals involved, their potential recidivism, and the applicability of mitigating circumstances. Additionally, it discusses the concept of complex crimes and the implications of familial relationships in legal proceedings.

Uploaded by

Christy faith Bassong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

INSTRUCTION: ANSWER USING THE SAME RECORD BOOK

DULY SUBMITTED LAST WEEK. AGAIN, USED ONLY THE


RIGHT PAGE AND DO NOT WRITE AT ITS BACK.

1. A was convicted of Estafa in 2010 and served sentence


in the same year. In 2013, he was convicted for Physical
Injury and served also his sentence. In 2020, A was
convicted for Falsification of documents. Is A, a
recidivist or a habitual deliquent or both? Explain.

2. Police officer John ran after Randy who had just killed
Willy in John’s presence. John fired at Randy in an attempt
to stop him in his tracks. In response, Randy fired back at
John, hitting him. John was seriously wounded but survived
due to timely medical assistance. Randy was then charged
with Frustrated Homicide. During the trial, Randy claimed
self-defense. Is Randy’s claim of self-defense
tenable? Explain briefly.

3. Bernardo, a mayoralty candidate of Osram City, wanted


to eliminate Yori, his political opponent. Yori announced
his intention to run for mayor of the same city. A month
before the filing of candidacy, Bernardo and Benjamin met
at a hotel and discussed their plan to kill Yori on the day
when he would file his certificate of candidacy. Based on
their agreement, Bernardo would provide the guns and the
money, while Benjamin would provide the personnel to
cordon off all roads leading to the COMELEC’s local office.

On the day of the execution of the plan, however,


Benjamin flew to Manila to avoid being involved in the
planned killing of Yori. Bernardo, determined to kill Yori,
convened his own armed group and laid out a new plan to
kill Yori, and in accordance with it, his armed group
patrolled all the roads leading to the COMELEC’s local
office. Bernardo remained in his house and monitored the
execution of the plan from there. As soon as Yori and his
supporters passed by the main road at around 2:00 p.m.,
Bernardo’s armed group opened fire at them. Yori was
unharmed as he was inside a bulletproof vehicle, but ten
of his supporters were killed. Bernardo, the members of
his armed group, and Benjamin were later charged with
ten counts of Murder for the death of Yori’s supporters and
one count of Attempted Murder of Yori.

Discuss the criminal liability for the crimes charged


against each of the following:
(i) Bernardo,
(ii) the members of Bernardo’s armed group, and
(iii) Benjamin. Explain briefly.

4. Robbie and Rannie are both inmates of the National


Penitentiary, serving the maximum penalty for robbery
which they committed some years before and for which
they have been sentenced by final judgment. One day,
Robbie tried to collect money owed by Rannie. Rannie
insisted that he did not owe Robbie anything, and after a
shouting episode, Rannie kicked Robbie in the stomach.
Robbie fell to the ground in pain, and Rannie left him to go
to the toilet to relieve himself.

As Rannie was opening the door to the toilet and with his
back turned against Robbie, Robbie stabbed him in the
back with a bladed weapon that he had concealed in his
waist. Hurt, Rannie ran to the nearest "kubol" where he
fell. Robbie ran after him· and, while Rannie was lying on
the ground, Robbie continued to stab him, inflicting a total
of 15 stab wounds. He died on the spot. Robbie
immediately surrendered to the Chief Warden. When
prosecuted for the murder of Rannie, Robbie raised
provocation and voluntary surrender as mitigating
circumstances. The prosecution, on the other hand,
claimed that there was treachery in the commission of the
crime.

(a) Is Robbie a recidivist, or a quasi-recidivist?

(b) Can the mitigating circumstances raised by


Robbie, if proven, lower the penalty for the crime
committed?

5. Ms. E was charged with the complex crime


of Estafa through Falsification of Public Documents before
the trial court. Prior to her arraignment, Ms. E moved for
the dismissal of the criminal case against her, pointing out
that the private offended party is her biological father, and
that such relationship is an absolutory cause under Article
332 of the Revised Penal Code (RPC).

(a) Explain the concept of complex crimes under the


RPC.

(b) Is Ms. E's contention correct? Explain.

You might also like