Quiz No. 1: Criminal Law 1

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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

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