Elements

Question 1

What are the elements of Piracy under P.D. 532?

Answer 1

1. A vessel is on Philippine waters;2. Attack upon or seizure of the vessel, or taking of its cargo, equipment, or belongings;3. Committed by means of violence, intimidation, or force.

Question 2

What is the doctrine in People v. Lol-lo?

Answer 2

Piracy is hostis humani generis (a crime against all mankind); jurisdiction is universal and not limited to territorial boundaries.

Question 3

What is the doctrine in People v. Tulin regarding jurisdiction?

Answer 3

Piracy is a continuing offense. If a vessel seized outside Philippine waters is brought into the Philippines, the courts have jurisdiction.

Question 4

What are the elements of Highway Robbery (P.D. 532)?

Answer 4

1. Property is seized by violence/force/intimidation;2. Act is committed on a Philippine highway;3. Offenders are organized for the purpose of committing robbery on the highway.

Question 5

What is the doctrine in People v. Puno?

Answer 5

To be Highway Robbery, the intent must be to commit robbery on the highway as a “way of life,” not just a random act of robbery.

Question 6

What are the elements of Terrorism (R.A. 11479, Sec. 4)?

Answer 6

Specific acts
1. death, serious physical injury, endanger person’s life
2. Extensive damage or destruction to government and public facilities and private properties
3. Interference or damage or destruction to critical infrastructure
4. Having, producing and using destructive weapons and explosives
5. Specific acts to intimidate the public, create fear, provoke the government, undermin public safety or destabilize structures/operations

Question 7

What are the elements of Torture (R.A. 9745)?

Answer 7

1. Infliction of physical/mental pain;
2. By a person in authority or their agent;
3. Intentional
4. To get a confession, information, punish, intimidate, or discriminate.

Question 8

What is the doctrine in Pangilinan v. Cayetano?

Answer 8

Prohibition of torture is jus cogens (fundamental international law); the state has a duty to prosecute even after leaving the ICC.

Question 9

What are the elements of Illegal Possession of Firearms (R.A. 10591)?

Answer 9

1. Existence of the firearm/ammunition/explosive;2. Possession by the accused without the corresponding license or permit.

Question 10

What is the doctrine in Togado v. People (2024)?

Answer 10

The prosecution must prove the lack of a license through a specific certification from the PNP Firearms and Explosives Office (FEO).

Question 11

What are the elements of Obstruction of Justice (P.D. 1829)?

Answer 11

1. Prohibited act (harboring, destroying evidence, etc.);2. Specific intent to impede, obstruct, or delay the apprehension or prosecution of a person.

Question 12

What is the doctrine in Ponce Enrile v. Amin?

Answer 12

Harboring a criminal is absorbed by the crime of Rebellion; a separate charge for Obstruction of Justice is not allowed.

Question 13

What are the elements of Illegal Sale of Drugs (R.A. 9165)?

Answer 13

1. Identity of buyer and seller, object, and consideration;2. Delivery of the drug and the payment therefor.

Question 14

What are the elements of Illegal Possession of Drugs (R.A. 9165)?

Answer 14

1. Possession of a prohibited drug;2. Possession is not authorized by law;3. Accused has knowledge of possession (animus possidendi).

Question 15

What is the People v. Lim “Mandatory Policy”?

Answer 15

The three witnesses (DOJ, Media, Elective Official) must be present for the inventory. Absences must be justified in a sworn statement.

Question 16

What are the elements of R.A. 3019 Section 3(e) (Graft)?

Answer 16

1. Accused is a public officer;2. Manifest partiality, evident bad faith, or gross negligence;3. Undue injury to any party or giving unwarranted benefits.

Question 17

What is the Arias Doctrine?

Answer 17

Heads of offices can rely on the good faith of subordinates and are not required to examine every detail personally unless there is suspicion.

Question 18

What are the elements of Plunder (R.A. 7080)?

Answer 18

1. Accused is a public officer;2. Amassing ill-gotten wealth via a series or combination of acts;3. Total amount is at least P50 Million.

Question 19

What is the doctrine in Macapagal-Arroyo v. People?

Answer 19

For a Plunder case to stand, the prosecution must identify the “Main Plunderer” who amassed the wealth.

Question 20

Punishable Acts in ATA 2020

Answer 20

“T.T.P.C. P.I.R.F.M.”

(Pronounced: “TPC - Perfum”)

T - Terrorism (The core act)

T - Threat (The warning)

P - Planning & Training (The preparation)

C - Conspiracy (No Parole)

P - Proposal (The invitation)

I - Inciting (The encouragement)

R - Recruitment & Membership (No Parole)

F - Foreign Terrorist acts (No Parole)

M - Material Support (Liability as Principal)

Question 21

Question (Front)

Answer 21

Answer (Back)

Question 22

[ENUMERATION] Enumerate the 6 offenses against the Confidentiality, Integrity, and Availability of data (R.A. 10175).

Answer 22

1. Illegal Access;2. Illegal Interception;3. Data Interference;4. System Interference;5. Misuse of Devices;6. Cyber-squatting.

Question 23

[SITUATIONAL] X sends a “Trojan” virus to Y that deletes all the files on Y’s laptop. What specific cybercrime is this?

Answer 23

Data Interference under Section 4(a)(3).

Question 24

[SITUATIONAL] A disgruntled employee registers “https://www.google.com/search?q=CompanyXYZ-Sucks.com” to prevent the company from using it. What crime?

Answer 24

Cyber-squatting under Section 4(a)(6).

Question 25

[KILLER QUESTION] If X hacks into a hospital’s database (Critical Infrastructure), how is the penalty affected?

Answer 25

Under Section 8, the penalty is increased to one degree higher (or reclusion perpetua if the original penalty was reclusion temporal).

Question 26

[SITUATIONAL] X is caught selling "cracked" Netflix passwords and "hacking" software online. What is the crime?

Answer 26

Misuse of Devices under Section 4(a)(5).