1. The court with jurisdiction over the murder of a Filipino captain on a Russian vessel anchored outside Manila bay by an Indonesian crew member is discussed.
2. The contention of a Malaysian woman, Ms. M, against the application of the Philippine Revised Penal Code to her stabbing and killing of an Australian citizen, Ms. A, on an Indonesian vessel docked in Manila is discussed.
3. The criminal complaint filed against Amante for mistakenly attacking and injuring the twin brother of Aliswan, whom Amante intended to confront for an incident involving his daughter, and Amante's defense that he lacked criminal intent, is discussed.
1. The court with jurisdiction over the murder of a Filipino captain on a Russian vessel anchored outside Manila bay by an Indonesian crew member is discussed.
2. The contention of a Malaysian woman, Ms. M, against the application of the Philippine Revised Penal Code to her stabbing and killing of an Australian citizen, Ms. A, on an Indonesian vessel docked in Manila is discussed.
3. The criminal complaint filed against Amante for mistakenly attacking and injuring the twin brother of Aliswan, whom Amante intended to confront for an incident involving his daughter, and Amante's defense that he lacked criminal intent, is discussed.
1. The court with jurisdiction over the murder of a Filipino captain on a Russian vessel anchored outside Manila bay by an Indonesian crew member is discussed.
2. The contention of a Malaysian woman, Ms. M, against the application of the Philippine Revised Penal Code to her stabbing and killing of an Australian citizen, Ms. A, on an Indonesian vessel docked in Manila is discussed.
3. The criminal complaint filed against Amante for mistakenly attacking and injuring the twin brother of Aliswan, whom Amante intended to confront for an incident involving his daughter, and Amante's defense that he lacked criminal intent, is discussed.
1. The court with jurisdiction over the murder of a Filipino captain on a Russian vessel anchored outside Manila bay by an Indonesian crew member is discussed.
2. The contention of a Malaysian woman, Ms. M, against the application of the Philippine Revised Penal Code to her stabbing and killing of an Australian citizen, Ms. A, on an Indonesian vessel docked in Manila is discussed.
3. The criminal complaint filed against Amante for mistakenly attacking and injuring the twin brother of Aliswan, whom Amante intended to confront for an incident involving his daughter, and Amante's defense that he lacked criminal intent, is discussed.
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Criminal Law 1
Quiz No. 1
1. What court has jurisdiction when an Indonesian crew
murders the Filipino captain on board a vessel of Russian registry while the vessel is anchored outside the breakwaters of the Manila bay? 2012
2. Ms. M, a Malaysian visiting the Philippines, was about to
depart for Hong Kong via an Indonesian-registered commercial vessel. While on board the vessel, which was still docked at the port of Manila, she saw her mortal enemy, Ms. A, an Australian citizen. Ms. A was seated at the front portion of the cabin and was busy using her laptop, with no idea whatsoever that Ms. M was likewise onboard the ship.
Consumed by her anger towards Ms. A, Ms. M stealthily
approached the Australian from behind, and then quickly stabbed her neck with a pocketknife, resulting in Ms. A’s immediate death. Operatives from the Philippines National Police-Maritime Command arrested Ms. M for the killing of Ms. A and thereafter, intended to charge her under the Revised Penal Code (RPC). Ms. M contended that the provisions of the Revised Penal Code cannot be applied and enforced against her because both she and the victim are not Filipino nationals and besides the alleged crime was committed in an Indonesian-registered vessel.
Is Ms. M’s contention against the application of the
Revised Penal Code against her tenable? Explain. 2019 BAR
3. Sixteen year old Aliswan prodded Amethyst, his girlfriend,
to remove her clothing while they were secretly together in her bedroom late one evening. Failing to get a positive response from her, he forcibly undressed her. Apprehensive about rousing the attention of the household who did not know of his presence inside her room, she resisted him with minimal strength, but she was really sobbing in a muffled manner. He then undressed himself while blocking-the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then setting alone on a sofa in the sala, saw him leave his daughter’s room naked.
Outside the house, the now-clothed Aliswan spotted
Allesso, Amethyst’s former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed ALleso. Aliswan immediately went into hiding afterwards.
Upon learning from Amethyst about what Aliswan had
done to her, an enraged Amante wanted to teach ALiswan a lesson he would never forget. Amante see out the next day to look for Aliswan in his school. There, Amante found a young man who looked very much like Aliswan. Amante immediately rushed and knocked the young man unconscious on the pavement and then draped his body with a prepared tarpaulin reading “RAPIST AKO HUWAG TULARAN”. Everyone else in the school was shocked upon witnessing what had just transpired, unable to believe that the timid and quiet Alisto- Aliswan’s identical brother, had committed rape.
Answering the criminal complaint filed by Alisto, Amante
contended that he had incurred no criminal liability for lack of criminal intent on his part, his intended victim being ALiswan, not Alisto. What is this defense of Amante, and explain if the same will prosper. 2017 BAR