After a heated argument over his philandering, Higino punched on the head his wife Aika, who was

six and a
half months preg- nant. Because of the impact, Aika lost her balance, fell on the floor with her head hitting a
hard object. Aika died and the child was expelled prematurely. After thirty-six hours, the child died. (BAR
2015, SAMPLEX 2018)

With respect to the killing of the wife, parricide under Article 246 of Revised Penal Code is committed because of the
qualifying circumstance of relationship. With respect to the killing of the child, he is not liable for unintentional
abortion under Article 257 because the child, who was born alive, was already viable or capable of indepen- dent
existence, his age being six months and a half months (U.S. v. Vedra, 12 Phil. 96; People v. Paycana, Jr. G.R. No.
179035, April 16, 2008; People v. Detablan, 40 O.G. No. 9, p. 30). Nor is he liable for infanticide because the child
is not less than three (3) day old for the latter died after thirty-six hours from expulsion (Article 255 of RPC). The
crime committed is another parricide because the victim is his child with his wife. Hence, relationship qualifies the
killing. He shall incur criminal liability for two parricides although these crimes commit- ted are different from his
criminal intention of maltreating his wife (Arti- cle 4). This is a complex crime because the single act of punching the
victim constitutes two grave felonies (Article 48).

Mario, Bank teller, taking advantage of his position appropriated P10K which he had in his possession. What
Crime (Samplex 2013, 2018)

Answer: Qualified Theft

What is the criminal liability, if any, of a pregnant woman who tried to commit suicide by poison, but she did
not die and the fetus in her womb was expelled instead? (BAR 2012, SAMPLEX 2016, 2014)
1. a) The woman who tried to commit suicide is not criminally liable because the suicide intended was
not consum- mated.
2. b) The woman who tried to commit suicide is criminally liable for unintentional abortion which is
punishable when caused by violence.
3. c) The woman who tried to commit suicide is criminally liable for abortion that resulted due to the
poison that she had taken to commit suicide.
4. d) The woman who tried to commit suicide occurs no crim- inal liability for the result not intended.

SUGGESTED ANSWER:
d) The woman who tried to commit suicide occurs no criminal liability for the result not intended.
The pregnant woman cannot be held liable for abortion because intent to abort, which is an essential element of this
crime, is lacking. Neither can she be held liable for unintentional abortion, because the element of violence is wanting.
Criminal liability shall be incurred by any person committing a felony (delito) although the wrongful act done be
different from that which he intended (Article 4 of the Revised penal Code). Attempt to commit suicide although an
intentional act is not constitutive of a felony. Ac- cording to Luis B. Reyes, “a person who attempts to commit suicide
is not criminally liable, because the society has always considered a person who attempts to kill herself as an
unfortunate being, a wretched person more deserving of pity rather than of penalty.” Hence, the woman, who tried to
commit suicide, is not liable for the direct, natural and logical consequence of her non-felonious act.

A left a loaded firearm near the baby, caused death. (Samplex 2018 (child); 2013 (two day old baby))
Answer: Reckless imprudence resulting to infanticide/homicide/multiple homicide

Angelino, a Filipino, is a transgender who underwent gender re- assignment and had implants in different parts
of her body. She changed her name to Angelina and was a finalist in the Miss Gay International. She came back
to the Philippines and while she was walking outside her home, she was abducted by Max and Razzy who took
her to a house in the province. She was then placed in a room and Razzy forced her to have sex with him at
knife's point. After the act, it dawned upon Razzy that Angelina is actually a male. Incensed, Razzy called Max
to help him beat Angelina. The beatings that Angelina received eventually caused her death. What crime or
crimes, if any, were committed? Explain. (5%) (2016 BAR; SAMPLEX 2016)
Razzy is liable for kidnapping with homicide. Abducting Angelino is not forcible abduction since the victim in this
crime must be a woman. Gender reassignment will not make him a woman within the meaning of Article 342 of the
Revised Penal Code. There is no show- ing, moreover, that at the time abduction is committed with lewd de- sign;
hence, his abduction constitutes illegal detention. Since Angelino was killed in the course of the detention, the crime
constitutes kidnap- ping and serious illegal detention with homicide under Article 267. Having sexual intercourse with
Angelino is not rape through sexu- al intercourse since the victim in this crime must be a woman. This act is not rape
through sexual assault, either, Razzy did not insert his pe- nis into the anal orifice or mouth of Angelino or an
instrument or ob ject into anal orifice or genital orifice, hence, this act constitutes acts of lasciviousness under Article
336. Since the acts of lasciviousness is committed by reason or occasion of kidnapping, it will be integrated into one
and indivisible felony of kidnapping with homicide {People v. De Leon, GR No. 179943, June 26, 2009; People v.
Jugueta, G.R. No. 202124, April 05, 2016; People v. Laog, G.R. No. 178321, October 5, 2011; People v. Laog, G.R.
No. 178321, October 5, 2011; People v. Larranaga, 138874-75, February 3, 2004).
Max is liable for kidnapping with homicide as an accomplice since he concurred in the criminal design of Razzy in
depriving Angelino his liberty and supplied the former material aid in an efficacious way by helping him beat the
latter.

Pedro, Pablito, Juan and Julio, all armed with bo!os, robbed the house where Antonio, his wife, and three (3)
daughters were re- siding. While the four were ransacking Antonio's house, Julio noticed that one of Antonio's
daughters was trying to escape. He chased and caught up with her at a thicket somewhat distant from the house,
but before bringing her back, raped her.
[a] What crime or crimes, if any, did Pedro, Pablito, Juan and Julio commit? Explain. (2.5%) (2016 BAR, 2016
SAMPLEX)

Julio is liable for special complex crime of robbery with rape since he raped the daughter of Antonio on occasion or
by reason of robbery. Even if the place of robbery is different from that of rape, the crime is still robbery with rape
since what is important is the direct connection between the two crimes (People v. Canastre, G.R. No. L-2055, 24
December 1948). Rape was not separate by distance and time from the robbery.

Pedro, Pablito and Juan are liable for robbery by band. There is band in this case since more than three armed
malefactors take part in the commission of a robbery. Under Article 296 of the Revised Penal Code, any member of a
band, who is present at the commission of a robbery by the band, shall be punished as principal of any of the as- saults
committed by the band, unless it be shown that he attempted to prevent the same, The assault mentioned in Article
296 includes rape (People v. Hamiana, G.R. Nos. L-3491-94, 30 May 1971). They are not liable, however, for rape
under Article 296 since they were not present when the victim was raped and thus, they had no opportunity to pre-
vent the same. They are only liable for robbery by band (People v. Anticamaray, GR No. 178771, 8 June 2011).

What is the crime if any of A who substituts for a prisoner serving sentence for homicide by taking his place in
jail or penal establishment? (Samplex 2014, 2013)

Answer: A. A is criminally liable for delivering prisoner from jail and for using fictitious name.