CRIMINAL LAW - Estrada Problems and Answers

(2001-2003; 2005-2007)
CRIMINAL
LAW
BOOK I OF THE REVISED
PENAL CODE THE REVISED PENAL CODE
Made Easy for Students, Bar Examinees & ACT NO. 3815 AS AMENDED
Practitioner
AN ACT REVISING THE PENAL CODE AND OTHER PENAL
LAWS
by
BOOK ONE
ATTY. ABELARDO C. ESTRADA
 GENERAL PROVISIONS REGARDING THE DATE OF
Governor ENFORCEMENT AND APPLICATION OF THE PROVISION OF
THIS CODE REGARDING THE OFFENSE, THE PERSONS LIABLE
IBP Northern Luzon AND THE PENALTIES
 PRELIMINARY TITLE
President
Integrated Bar of the Philippines DATE OF EFFECTIVENESS
Baguio City and Benguet Province
Chapter
Problem 1: Under the law, any person counterfeiting or forging any coin
or currency note of the Philippine Islands or obligations and
O and P, a married couple, on a cruise touring
securities issued by the Government of the Philippine Islands
Asia on board a Philippine registered Super Ferry.
will be under the said government even if the crime is
While the ship was in territorial waters of Saipan, O
committed outside of its jurisdiction. This is another
killed P. Can O, be criminally charged in the
exception to the territoriality principle.
Philippines? Why?
Problem 3:
Answer:
Andong, a producer of Philppines counterfeit
Yes. Under the law, when an offense is committed on
money gave Tibor, a captain of MV Titanic, one(1) million
board the Philippine ship, the offender can be criminally
pesos to smuggle his counterfeited money into the island
charged in the Philippines. In the case at bar, since O killed P
of Cebu, Philippines. Tibor accepted the offer. While the
while on board the Super Ferry even if they were in the
ship was in Korea for a stopover. The police authorities
territorial waters of Saipan, he would still be liable under the
discovered the counterfeited Philippine money. Andong
Philippine laws, as this case is one of the exceptions to the
and Tibor was arrested can the Philippines have
extraterritoriality principle. The ship is an extension of
jurisdiction over Tibor and Andong?
Philippine territory under the principle of extraterritoriality in
international law. Answer:
Yes. Tabor and Andong can be criminally charged in
the Philippines regardless of the facts that they were arrested
Problem 2:
in Korea. Under the law, a person is liable for acts connected
Jaka was counterfeiting Philippine lotto tickets in with the introduction into the Philippine islands of the forged
his bodega in Japan. One day, his bodega was raided by or counterfeit money.
Japanese authorities. Jaka was arrested. Who has
jurisdiction to try Jaka for counterfeiting such lotto
tickets? Why? Problem 4:
Answer: Sheldy Bird is the Commissioner of the PCGG. He
was sent by the Philippine governvernment to New York
The Philippines has jurisdiction over Jaka since his
to investigate the racketeering investments of Fredy
counterfeiting of lotto tickets is prohibited by our laws, it
Marcons and his cronies. While conducting an
being an obligation secured by the Philippine government.
investigation, he was approached by a friend of Fredy and Conspiracy to Commit Terrorism when two or
offered him the sum of 15 million dollars to give a more persons come to an agreement concerning the
favorable report. When he came back to the Philippines, commission of terrorism and decide to commit it.
Sheldy Bird was charges with Bribery. Will the charged
prosper?
2.) Yes. They can be charged and prosecuted for
Answer:
conspiracy to commit terrorism before Philippine
Yes. Under the law, the fact that Sheldy Bird is a public courts.
official, any act done by him contrary to his official functions
would make him liable in the Philippines even if said act is
Problems on jurisdiction:
committed outside the Philippines. Thus, even if he
committed Bribery, in the US, he can be charged in the Problem 6:
Philippines. Johnny and Susan are husband and wife. Johnny
Extraterritorial application of RA 9372 worked as an overseas worker in Hong Kong. While there,
he cohabited with Hannah, a Filipina who knows him to
Problem 5:
be married. Johnny and Hannah have committed
X and Y are in Korea. They agreed and decided to concubinage. Can they be charged and prosecuted for
hijack an airplane carrying Senators, Congressmen and such crime in the Philippines?
50 passengers to sow and create a widespread and extra
ordinary fear and panic among the populace by
threatening to blow it off unless the government releases
from captivity ABU SADO, a captured terrorist detained
at Camp Crame.
1.) What crime did X and Y committed? Why?
2.) Can they be charged and prosecuted before
Philippine Courts?
Answers:
1.) X and Y are liable for the crime of Conspiracy to
Commit Terrorism. Under RA 9372, there is

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(2001-2003; 2005-2007)

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