COLLEGE OF LAW
CRIMINAL LAW REVIEW
March 10, 2021
1. Who are disqualified to apply for probation?
2. Eddie died on August 25, 2003, during the pendency of his
case of kidnapping. What is the effect of his death on his civil liability?
Explain.
3. Spouses Julio and Patricia owned a parcel of land located in
Lipa City registered in their names. In June 1983, Patricia discovered
from the records of the Register of Deeds of Lipa City that the above-
mentioned property has already been transferred in the name if Misty.
The conveyance was effected through a notarized deed of sale executed
and signed on May 19, 1961 where the signature of Patricia was falsified.
She then immediately filed a complaint for falsification of public
document with the prosecutor’s office. The issue is whether or not the
crime of falsification of public document had already prescribed at the
time the complaint was filed. What is your answer. Explain.
4. Pangan was convicted of the crime of simple seduction. On
August 9, 1991, the case was called for the promulgation of the decision
in open court. Despite due notice, he and his counsel did not appear
during the promulgation of his sentence which consisted of imprisonment
of two months and one day of arresto mayor. The promulgation was
done in absentia and so the decision was recorded in the criminal docket.
Since then, Pangan has been in hiding. After nine years in hiding,
Pangan was arrested on January 20, 2020. Pangan filed a petition for
habeas corpus contending that the penalty of arresto mayor which
prescribed in five years had lapsed already since he escaped his
conviction. Is his contention tenable? Explain.
5. Reynaldo sold his vessel to Villaluz in Hongkong for
HK$750,000.00. They agreed that payment would be made in Manila.
On November 19, 1987 Villaluz issued a check to Reynaldo in the
amount of P2,123,400.00. When the check was deposited, the check
bounced for account closed. The trial court acquitted the accused but
ordered her to pay complainant the amount of P2,123,400.00. Is the
judgment of the court ordering Villaluz to pay Reynaldo correct?
Explain.
6. Distinguish between the subsidiary liability of the employer
under the Revised Penal Code and the employer’s primary liability under
the Civil Code which is quasi-delictual or tortious in character?
- Nothing follows -
INSTRUCTION: Write down your answers in a yellow/white paper, after
you have finished answering, take a photo of your answer using the CamScanner
app, then send it to me through email. Send your answer not later than 8:30 in the
evening today. Late submission will not be accepted and you will be marked absent.
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Assignment for Saturday – Read: Colinares vs. People, G.R. No. 182748,
December 13, 2011; Titles One and Two of Book 2 of the Revised Penal Code.