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C after receiving medical attendance for 10 days

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(c) After receiving medical attendance for 10 days, Alisto consulted youabout filing the proper criminal complaint against Amante. Whatcrimes, 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 SupremeCourt ruled that the crime committed is Less Seri-ous Physical Injuries under Art. 265 of the RevisedPenal Code as the medical attendance is for a peri-od of ten (10) days only.Considering, however, that the Less Serious Physical Injuries wasinflicted with manifest intent to insult or offend the offended partyor under circumstances adding ignominy to the offense, thereshall be an added penalty of the fine not exceeding P500 pesos(Art. 265, par. 2)(d)Answering the criminal complaint filed by Alisto, Amantecontended that he had incurred no criminal liability forlack of criminal intent on his part, his intended victimbeing Aliswan, not Alisto. What is this defense ofAmante, and explain if the same will prosper? (3%)SUGGESTED ANSWER(e)The defense raised by Amante iserror in personae.This defense is not proper because of Article 4 ofthe Revised Penal Code, which provides that a per-son committing a felony is liable criminally al-though the wrongful act done be different from theunlawful intent. Thus, under this provision, Amanteis liable for the wrongful act done, and that is childabuse against Alisto, although it differs from thewrongful 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 Maitahad consistently refused. Fed up with all her rejections, Solito abduct-ed Maita around 7 p.m. one night. With his cohorts, Solito forced Maitainto a Toyota lnnova and drove off with her to a green-painted housesituated in a desolate part of the town. There, Solito succeeded inhaving carnal knowledge of Maita against her will.Meanwhile, the police authorities were tipped off that at 11:30 p.m. onthat same night Solito would be sellingmarijuanaoutside the green-painted house. Acting on the tip, the PNP station of the town formed abuy-bust team with PO2 Masahol being designated the poseur buyer.46
The Sigma Rho FraternityBar Operations 2018Bar Ques)ons and AnswersDuring the buy-bust operation, Solito opened the trunk of the Toyotalnnova to retrieve the bag ofmarijuanato be sold to PO2 Masahol. Tocut the laces that he had tied the bag with, Solito took out a Swissknife, but his doing so prompted PO2 Masahol to effect his immediatearrest out of fear that he would attack him with the knife. PO2 Masaholthen confiscated the bag ofmarijuanaas well as the Toyota lnnova.

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Term
Fall
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Tags
criminal law, bar operations, Sigma Rho fraternity

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