C after receiving medical attendance for 10 days

(c) After receiving medical attendance for 10 days, Alisto consulted you
about filing the proper criminal complaint against Amante. What
crimes, if any, will you charge Amante with? Explain your answer. (3%)
SUGGESTED ANSWER
(c) In People v. Lasala (G.R. No. L-12141, January 30,
1962) which is similar to this case, the Supreme
Court ruled that the crime committed is Less Seri-
ous Physical Injuries under Art. 265 of the Revised
Penal Code as the medical attendance is for a peri-
od of ten (10) days only.
Considering, however, that the Less Serious Physical Injuries was
inflicted with manifest intent to insult or offend the offended party
or under circumstances adding ignominy to the offense, there
shall be an added penalty of the fine not exceeding P500 pesos
(Art. 265, par. 2)
(d) 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? (3%)
SUGGESTED ANSWER
(e) The defense raised by Amante is error in personae.
This defense is not proper because of Article 4 of
the Revised Penal Code, which provides that a per-
son committing a felony is liable criminally al-
though the wrongful act done be different from the
unlawful intent. Thus, under this provision, Amante
is liable for the wrongful act done, and that is child
abuse against Alisto, although it differs from the
wrongful act intended, and that is abusing Aliswan.
Maita was the object of Solito's avid sexual desires. Solito had at-
tempted many times to entice Maita to a date in bed with him but Maita
had consistently refused. Fed up with all her rejections, Solito abduct-
ed Maita around 7 p.m. one night. With his cohorts, Solito forced Maita
into a Toyota lnnova and drove off with her to a green-painted house
situated in a desolate part of the town. There, Solito succeeded in
having carnal knowledge of Maita against her will.
Meanwhile, the police authorities were tipped off that at 11:30 p.m. on
that same night Solito would be selling marijuana outside the green-
painted house. Acting on the tip, the PNP station of the town formed a
buy-bust team with PO2 Masahol being designated the poseur buyer.
46

The Sigma Rho Fraternity
Bar Operations 2018
Bar Ques)ons and Answers
During the buy-bust operation, Solito opened the trunk of the Toyota
lnnova to retrieve the bag of marijuana to be sold to PO2 Masahol. To
cut the laces that he had tied the bag with, Solito took out a Swiss
knife, but his doing so prompted PO2 Masahol to effect his immediate
arrest out of fear that he would attack him with the knife. PO2 Masahol
then confiscated the bag of marijuana as well as the Toyota lnnova.