2012 BAR EXAMINATIONS

CRIMINAL LAW
21 October 2012 2:00 P.M. - 3:30 P.M.
Set A
MULTIPLE CHOICE QUESTIONS (MCQs)
INSTRUCTIONS
The following questionnaire consists of seventy-five !"# M$%s nu&bere' 1 u( to ! " containe'
in T)*+T, T-.** 23# (ages.
/nswer each question on the M$% /nswer 0heet by sha'ing co&(letely the a((ro(riate circle
corres(on'ing to the letter you have chosen. .ea' the Mar1ing 2nstructions on the /nswer
0heet#
/ voi' erasures on the /nswer 0heet. 2 f you nee' to &a1e corrections3 erase co&(letely the
answer you want to change.
4o not e5(lain your answers in the M$% (ortion of the e5a&. ,ou will not earn any cre'it for
that.
6ee( the /nswer 0heet clean. 4o not &a1e unnecessary &ar1s on it. 4o not fol'3 roll3 scratch3
cru&(le or tear it.
,ou &ay write on the questionnaire an' use it as scratch (a(er but &a1e sure to transfer your
answer to the /nswer 0heet. Provi'e a&(le ti&e to transfer the answers if you choose to 'o this.
/nswer first the M$%s co&(letely before going to the essay-ty(e questions.
-/+4 2+ ,O7. /+0)*. 0-**T. T-*.* 20 +O +**4 TO .*T7.+ T-20
%7*0T2O++/2.* TO T-* -*/4 )/T$-*..
8OO497$6:::
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHEC THAT THIS SET CONTAINS TWENT! "OUR (2#) PA$ES
(INCLU%IN$ THIS PA$E).
WARNIN$& NOT "OR SALE OR UNAUTHORI'E% USE
CRIMINAL LAW
1. The wife of /// (re'ecease' his &other-in-law. /// was accuse' of 'efrau'ing his
&other-in-law un'er a cri&inal infor&ation for estafa3 but the actual recital of facts of the
offense charge' therein3 if (roven3 woul' constitute not only the cri&e of estafa3 but also
falsification of (ublic 'ocu&ent as a necessary &eans for co&&itting estafa. ///
invo1es the absolutory cause of relationshi( by affinity. )hich state&ent is &ost
accurate<
a. The relationshi( by affinity create' between /// an' the bloo' relatives of his
wife is 'issolve' by the 'eath of his wife an' the absolutory cause of relationshi(
by affinity is therefore no longer available to ///.
b. The 'eath of.s(ouse 'oes not severe the relationshi( by affinity which is an
absolutory cause available to /// for estafa through falsification of (ublic
'ocu&ent.
c. 2f /// co&&its in a (ublic 'ocu&ent the act of falsification as a necessary
&eans to co&&it estafa3 the relationshi( by affinity still subsists as an absolutory
cause for estafa which shoul' be consi'ere' se(arately fro& the liability for
falsification of (ublic 'ocu&ent because there is no s(ecific (enalty (rescribe'
for the co&(le5 cri&e of estafa through falsification of (ublic 'ocu&ent.
'. $onsi'ering that un'er the given situation3 the two 2# cri&es of estafa an'
falsification of (ublic 'ocu&ent are not se(arate cri&es but co&(onent cri&es of
the single co&(le5 cri&e of estafa an' falsification of (ublic 'ocu&ent3 the
absolutory cause of relationshi( by affinity is not available to ///.
2. 7n'er which of the following circu&stances is an accuse' not liable for the result not
inten'e'<
a. /ccuse' is not cri&inally liable for the result not inten'e' when there is &ista1e
in the i'entity of the victi&.
b. /ccuse' is not cri&inally liable for the result not inten'e' when there is &ista1e
in the blow.
c. /ccuse' is not cri&inally liable for the result not inten'e' when the wrongful act
is not the (ro5i&ate cause of the resulting in=ury.
'. /ccuse' is not cri&inally liable for the result not inten'e' when there is &ista1e
of fact constituting an involuntary act.
3. $an there be a frustrate' i&(ossible cri&e<
a. ,es. )hen the cri&e is not (ro'uce' by reason of the inherent i&(ossibility of its
acco&(lish&ent3 it is a frustrate' i&(ossible cri&e.
b. +o. There can be no frustrate' i&(ossible cri&e because the &eans e&(loye' to
acco&(lish the cri&e is ina'equate or ineffectual.
c. ,es. There can be a frustrate' i&(ossible cri&e when the act (erfor&e' woul' be
an offense against (ersons.
'. +o. There can be no frustrate' i&(ossible because the offen'er has alrea'y
(erfor&e' the acts for the e5ecution of the cri&e.
>. ?? an' his two 2# sons (ositione' the&selves outsi'e the house of the victi&. The two
2@ sons stoo' by the stairs in front of the house3 while the father waite' at the bac1. The
victi& =u&(e' out of the win'ow an' was &et by ?? who instantly hac1e' hi&. The two
2# sons =oine' hac1ing the victi& to 'eath. They voluntarily surren'ere' to the (olice.
-ow will the atten'ant circu&stances be (ro(erly a((reciate'<
a. Treachery an' abuse of su(erior strength qualify the 1illing to &ur'er.
b. Only treachery qualifies the 1illing to &ur'er because abuse of su(erior strength
is absorbe' by treachery.
c. Treachery is the qualifying aggravating circu&stance3 while abuse of su(erior
strength is treate' as a generic aggravating circu&stance.
'. The qualifying circu&stance of treachery or abuse of su(erior strength can be
offset by the &itigating circu&stance of voluntary surren'er.
". )hich of the following circu&stances &ay be ta1en into account for the (ur(ose of
increasing the (enalty to be i&(ose' u(on the convict<
a. /ggravating . circu&stances which in the&selves constitute a cri&e s(ecially
(unishable by law.
b. /ggravating circu&stances which are inherent in the cri&e to such a 'egree that
they &ust of necessity acco&(any the cri&e.
c. /ggravating circu&stances which arise fro& the &oral attributes of the offen'er.
'. /ggravating circu&stances which are inclu'e' by the law in 'efining a cri&e.
A. )ho a&ong the following convicts are not entitle' to the benefits of the ln'eter&e'iate
0entence 9aw<
a. Those who are reci'ivists.
b. Those whose &a5i&u& ter& of i&(rison&ent e5cee's one 1# year.
c. Those convicte' of inciting to se'ition.
'. Those convicte' of &is(rision of treason.
!. Pro(osal to co&&it felony is (unishable only in cases in which the law s(ecifically
(rovi'es a (enalty therefor. 7n'er which of the following instances. are (ro(onents +OT
liable<
a. Pro(osal to co&&it cou( 'Betat.
b. Pro(osal to co&&it se'ition.
c. Pro(osal to co&&it rebellion.
'. Pro(osal to co&&it treason.
C. // &isre(resente' to the co&(lainant that he ha' the (ower3 influence3 authority an'
business to obtain overseas e&(loy&ent u(on (ay&ent of (lace&ent fee. // 'uly
collecte' the (lace&ent fee fro& co&(lainant. /s (er certification of the Phili((ine
Overseas *&(loy&ent /'&inistration3 // 'i' not (ossess any authority or license for
overseas e&(loy&ent. 2s it (ro(er to file two 2# se(arate 2nfor&ations for illegal
recruit&ent un'er the 9abor $o'e an' for estafa by &eans of 'eceit<
a. +o. The filing of two 2# se(arate 2nfor&ations for illegal recruit&ent un'er the
9abor $o'e an' for estafa by &eans of 'eceit for the sa&e act is violative of the
(rinci(le against 'ouble =eo(ar'y.
b. +o. One 2nfor&ation for a co&(le5 cri&e of illegal recruit&ent with estafa by
&eans of 'eceit shoul' be file'3 instea' of two 2# se(arate 2nfor&ations.
c. +o. / (erson convicte' of illegal recruit&ent un'er the 9abor $o'e &ay not3 for
the sa&e act3 be se(arately convicte' of estafa by &eans of 'eceit.
'. ,es. / (erson convicte' of illegal recruit&ent un'er the 9abor $o'e &ay3 for the
sa&e act3 be se(arately convicte' of estafa by &eans of 'eceit.
D. )hen are light felonies (unishable<
a. 9ight felonies are (unishable in all stages of e5ecution.
b. 9ight felonies are (unishable only when consu&&ate'.
c. 9ight felonies are (unishable only when consu&&ate'3 with the e5ce(tion of
those co&&itte' against (ersons or (ro(erty.
'. 9ight felonies are (unishable only when co&&itte' against (ersons or (ro(erty.
10. // was a((ointe' for a two-year ter& to serve the une5(ire' (ortion of a resigne' (ublic
official. 4es(ite being 'isqualifie' after the la(se of the two-year ter&3 P/ continue' to
e5ercise the 'uties an' (owers of the (ublic office to which a((ointe'. )hat is the
cri&inal liability of //<
a. // is cri&inally liable for &alfeasance in office.
b. // is cri&inally liable for (rolonging (erfor&ance of 'uties an' (owers.
c. // is cri&inally liable for 'isobeying request for 'isqualification.
'. // incurs no cri&inal liability because there is no in'ication that he cause'
(re=u'ice to anyone.
11. ?or treachery to qualify 1illing to &ur'er3 the evi'ence &ust show:
a. The ti&e when the accuse' 'eci'e' to e&(loy treachery3 the overt act &anifestly
in'icating that he clung to such 'eter&ination3 an' a sufficient la(se of ti&e
between the 'ecision an' the e5ecution3 allowing hi& to reflect u(on the
consequence of his act.
b. 7nlawful aggression3 reasonable necessity of the &eans to (revent or re(el the
aggression3 an' lac1 of sufficient (rovocation on the (art of the victi&.
c. That the accuse' e&(loye' such &eans3 &etho's or &anner to ensure his safety
fro& the 'efensive or retaliatory acts of the victi&3 an' the &o'e of attac1 was
consciously a'o(te'.
'. /ctual su''en (hysical assault or threat to inflict real i&&inent in=ury to an
unsus(ecting victi&.
12. )hat is the cri&inal liability3 if any3 of a (regnant wo&an who trie' to co&&it suici'e by
(oison3 but she 'i' not 'ie an' the fetus in her wo&b was e5(elle' instea'<
a. The wo&an who trie' to co&&it suici'e is not cri&inally liable because the
suici'e inten'e' was not consu&&ate'.
b. The wo&an who trie' to co&&it suici'e is cri&inally liable for unintentional
abortion which is (unishable when cause' by violence.
c. The wo&an who trie' to co&&it suici'e is cri&inally liable for abortion that
resulte' 'ue to the (oison that she ha' ta1en to co&&it suici'e.
'. The wo&an who trie' to co&&it suici'e occurs no cri&inal liability for the result
not inten'e'.
13. $hris Erown was convicte' of a co&(le5 cri&e of 'irect assault with ho&ici'e
aggravate' by the co&&ission of the cri&e in a (lace where (ublic authorities are
engage' in the 'ischarge of their 'uties. The (enalty for ho&ici'e is reclusion te&(oral.
On the other han'3 the (enalty for 'irect assault is (ns10n correccional in its &e'iu& an'
&a5i&u& (erio's. )hat is the correct in'eter&inate (enalty<
a. Twelve 12# years of (rision &ayor as &ini&u& to twenty 20# years of reclusion
ten1(oral as &a5i&u&.
b. Ten 1 0# years of (rision &ayor as &ini&u& to seventeen 1!# years an' four >#
&onths of reclusion te&(oral as &a5i&u&.
c. *ight C# years of (rision &ayor as &ini&u& to eighteen 1C# years an' four >#
&onths of reclusion te&(oral as &a5i&u&.
'. Twelve 12# years of (rision &ayor as &ini&u& to seventeen 1!# years an' four
># &onths of reclusion te&(oral as &a5i&u&.
1>. /3 C3 an' $ organiFe' a &eeting in which the au'ience was incite' to the co&&ission of
the cri&e of se'ition. 0o&e of the (ersons (resent at the &eeting were carrying
unlicense' firear&s. )hat cri&e3 if any3 was co&&itte' by /3 C an' $3 as well as those
who were carrying unlicense' firear&s an' those who were &erely (resent at the
&eeting<
a. 2nciting to se'ition for /3 C an' $ an' illegal (ossession of firear&s for those
carrying unlicense' firear&s.
b. 2nciting to se'ition for /3 C an' $ an' those carrying unlicense' firear&s.
c. 2llegal asse&bly for /3 C3 $ an' all those (resent at the &eeting.
'. $ons(iracy to co&&it se'ition for /3 E3 $ an' those (resent at the &eeting.
1". 2s the cri&e of theft co&&itte' by a (erson who3 with intent to gain3 ta1es a worthless
chec1 belonging to another without the latterBs consent<
a. ,es. /ll the ele&ents of the cri&e of theft are (resent: that there be ta1ing of
(ersonal (ro(ertyG that the (ro(erty belongs to anotherG an' that the ta1ing be
'one with intent to gain an' without the consent of the owner.
b. +o. The ta1ing of the worthless chec13 which has no value3 woul' not a&ount to
the cri&e of theft because of the legal i&(ossibility to co&&it the inten'e' cri&e.
c. ,es. Theft is co&&itte' even if the worthless chec1 woul' be subsequently
'ishonore' because the ta1er ha' intent to gain fro& the chec1 at the ti&e of the
ta1ing.
'. ,es. Theft is co&&itte' because the factual i&(ossibility to gain fro& the chec1
was not 1nown to the ta1er or beyon' his control at the ti&e of ta1ing.
1A. E was convicte' by final =u'g&ent of theft. )hile serving sentence for such offense3 E
was foun' in (ossession of an unlicense' firear&. 2s E a quasi-reci'ivist<
a. E is a quasi-reci'ivist because he was serving sentence when foun' in (ossession
of an unlicense' firear&.
b. E is not a quasi-reci'ivist because the offense for which he was serving sentence
is 'ifferent fro& the secon' offense.
c. E is not a quasi-reci'ivist because the secon' offense is not a felony.
'. E is not a quasi-reci'ivist because the secon' offense was co&&itte' while still
serving for the first offense.
1!. )hat cri&e is co&&itte' by one who 'efrau's another by ta1ing un'ue a'vantage of the
signature of the offen'e' (arty in a blan1 chec1 an' by writing the (ayee an' a&ount of
the chec1 to the (re=u'ice of the offen'e' (arty<
a. estafa with unfaithfulness or abuse of confi'enceG
b. estafa by false (retenseG
c. estafa through frau'ulent &eansG
'. estafa by other 'eceits.
1C. )hat cri&e is co&&itte' by a (erson who 1ills a three-'ay ol' baby<
a. infantici'eG
b. ho&ici'eG
c. &ur'erG
'. (arrici'e.
1D. )hat cri&e is co&&itte' by a (erson who 1ills his legiti&ate brother on the occasion of a
(ublic cala&ity<
a. (arrici'eG
b. ho&ici'eG
c. &ur'erG
'. 'eath cause' in a tu&ultuous affray.
20. )hat is the cri&e co&&itte' by any (erson who3 without reasonable groun'3 arrests or
'etains another for the (ur(ose of 'elivering hi& to the (ro(er authorities<
a. unlawful arrestG
b. illegal 'etentionG
c. arbitrary 'etentionG
'. grave coercion.
21. / 1ille' M. /fter the 1illing3 / went to the Earangay $hair&an of the (lace of inci'ent to
see1 (rotection against the retaliation of MBs relatives. May voluntary surren'er be
a((reciate' as a &itigating circu&stance in favor of /<
a. ,es. / surren'ere' to the Earangay $hair&an who is a (erson in authority.
b. ,es. The surren'er of / woul' save the authorities the trouble an' e5(ense for his
arrest.
c. +o. / 'i' not uncon'itionally sub&it hi&self to the authorities in. or'er to
ac1nowle'ge his (artici(ation in the 1illing or to save the authorities the trouble
an' e5(enses necessary for his search an' ca(ture.
'. +o. The surren'er to the Earangay $hair&an is not a surren'er to the (ro(er
authorities.
22. )ho a&ong the following is liable for estafa<
a. The seller of a la(to( co&(uter who faile' to infor& the buyer that the la(to( ha'
a 'efect.
b. The (erson who ran away with a cell (hone which was han'e' to hi& u(on his
(retense that he ha' to &a1e an e&ergency call.
c. The (erson who assure' he will (ay interest on the a&ount but faile' to 'o so as
(ro&ise'.
'. The son who in'uce' his father to buy fro& hi& a lan' which the son is no longer
the owner.
23. )hat is the nature of the circu&stance which is involve' in the i&(osition of the
&a5i&u& ter& of the in'eter&inate sentence<
a. qualifying circu&stanceG
b. aggravating circu&stanceG
c. &o'ifying circu&stanceG
'. analogous circu&stance.
2>. /3 E an' $3 all seventeen 1!# years of age3 waite' for nightti&e to avoi' 'etection an' to
facilitate the i&(le&entation of their (lan to rob 8. They entere' the roo& of 8 through a
win'ow. 7(on instruction of /3 8 o(ene' her vault while C was (o1ing a 1nife at her.
/cting as loo1out3 $ ha' alrea'y o(ene' the &ain 'oor of the house when the hel(er was
awa1ene' by the (lea'ing of 8 to / an' E to =ust ta1e the &oney fro& the vault without
har&ing her. )hen the hel(er shoute' for hel( u(on seeing 8 with / an' E insi'e the
roo&3 C stabbe' 8 an' ran towar's the 'oor3 leaving the house with $. / also left the
house after ta1ing the &oney of 8 fro& the vault. 8 was brought to the hos(ital where
she 'ie' as a result of the woun' inflicte' by E. 7n'er the given facts3 are /3 E an' $
e5e&(t fro& cri&inal liability< 2f not3 what is the (ro(er charge against the& or any of
the&<
a. /3 E an' $3 being un'er eighteen 1C# years of age at the ti&e of the co&&ission
of the offense3 are e5e&(t fro& cri&inal liability an' shoul' be &erely sub=ecte'
to intervention (rogra& for chil' in conflict with the law.
b. There being no in'ication of having acte' with 'iscern&ent3 /3 E an' $ are
e5e&(t fro& cri&inal liability3 sub=ect to a((ro(riate (rogra&s in consultation
with the (erson having custo'y over the chil' in conflict with the taw or the local
social welfare an' 'evelo(&ent officer.
c. $onsi'ering the given facts which &anifest 'iscern&ent3 /3 E an' $ are not
e5e&(t fro& cri&inal liability an' shoul' be charge' with the co&(le5 cri&e of
robbery with ho&ici'e3 sub=ect to auto&atic sus(ension of sentence u(on fin'ing
of guilt.
'. 7n'er the given facts3 /3 C an' $ are not e5e&(t fro& cri&inal liability because
they cons(ire' to co&&it robbery for which they shoul' be collectively charge'
as (rinci(als3 an' in a''ition3 E shoul' be se(arately charge' with ho&ici'e for
the 'eath of 83 sub=ect to 'iversion (rogra&s for chil'ren over 1" an' un'er 1C
who acte' with 'iscern&ent.
2". The guar' was entruste' with the conveyance or custo'y of a 'etention (risoner who
esca(e' through his negligence. )hat is the cri&inal liability of the esca(ing (risoner<
a. The esca(ing (risoner 'oes not incur cri&inal liability.
b. The esca(ing (risoner is liable for evasion through negligence.
c. The esca(ing (risoner is liable for conniving with or consenting to3 evasion.
'. The esca(ing (risoner is liable for evasion of service of sentence.
2A. )hat cri&e is co&&itte' when a (erson assu&es the (erfor&ance of 'uties an' (owers
of a (ublic office or e&(loy&ent without first being sworn in<
a. antici(ation of 'uties of a (ublic officeG
b. usur(ation of authorityG
c. (rohibite' transactionG
'. unlawful a((oint&ent.
2!. )hat cri&e is co&&itte' by a (ublic officer who3 before the acce(tance of his
resignation3 shall aban'on his office to the 'etri&ent of the (ublic service in or'er to
eva'e the 'ischarge of the 'uties of (reventing3 (rosecuting or (unishing the cri&e of
treason<
a. aban'on&ent of office or (ositionG
b. qualifie' aban'on&ent of officeG
c. &is(rision of treasonG
'. negligence in the (rosecution of offense.
2C. The 1ey ele&ent in a cri&e of (arrici'e other than the fact of 1illing is the relationshi( of
the offen'er to the victi&. )hich one of the following circu&stances constitutes
(arrici'e<
a. Offen'er 1illing the illegiti&ate 'aughter of his legiti&ate son.
b. Offen'er 1illing his illegiti&ate gran'son.
c. Offen'er 1illing his co&&on-law wife.
'. Offen'er 1illing his illegiti&ate &other.
2D. )hat is the &ini&u& age of cri&inal res(onsibility<
a. a@ fifteen 1"# years ol' or un'er
b. nine D# years ol' or un'er
c. above nine D# years ol' an' un'er fifteen 1"# who acte' with 'iscern&ent
'. above fifteen 1"# years ol' an' un'er eighteen 1C# who acte' with 'iscern&ent
30. )hen the a'o(tion of a chil' is effecte' un'er the 2nter-$ountry /'o(tion /ct for the
(ur(ose of (rostitution3 what is the (ro(er charge against the offen'er who is a (ublic
officer in relation to the e5(loitative (ur(ose<
a. acts that (ro&ote traffic1ing in (ersonsG
b. traffic1ing in (ersonsG
c. qualifie' traffic1ing in (ersonsG
'. use of traffic1e' (erson.
31. )hat cri&e is co&&itte' when a &other 1ills the three-'ay ol' chil' of her husban' with
their 'aughter<
a. (arrici'eG
b. infantici'eG
c. &ur'erG
'. ho&ici'e.
32. )hen is a cri&e 'ee&e' to have been co&&itte' by a ban'<
a. )hen ar&e' &en3 at least four ># in nu&ber3 ta1e 'irect (art in the e5ecution of
the act constituting the cri&e.
b. )hen three 3# ar&e' &en act together in the co&&ission of the cri&e.
c. )hen there are four ># ar&e' (ersons3 one of who& is a (rinci(al by
in'uce&ent.
'. )hen there are four ># &alefactors3 one of who& is ar&e'.
33. The (erio' of (robation of the offen'er sentence' to a ter& of one 1# year shall not
e5cee':
a. two 2# yearsG
b. si5 A# yearsG
c. one 1# yearG
'. three 3# yearsG
3>. )hat is the cri&inal liability3 if any3 of a &ayor who3 without being authoriFe' by law3
co&(els (rostitutes resi'ing in his city to go to3 an' live in3 another (lace against their
will<
a. The &ayor is cri&inally liable for violation of 'o&icile.
b. The &ayor is cri&inally liable for e5(ulsion.
c. The &ayor is cri&inally liable for grave coercion.
'. The &ayor incurs no cri&inal liability because he &erely wants to (rotect the
youth against the in'ecency of the (rostitutes.
3". -ow is the cri&e of cou( 'Betat co&&itte'<
a. Ey rising (ublicly an' ta1ing ar&s against the 8overn&ent for the (ur(ose of
'e(riving the $hief *5ecutive of any of his (owers or (rerogatives.
b. )hen a (erson hol'ing (ublic e&(loy&ent un'erta1es a swift attac13
acco&(anie' by strategy or stealth3 'irecte' against (ublic utilities or other
facilities nee'e' for the e5ercise an' continue' (ossession of (ower for the
(ur(ose of 'i&inishing state (ower.
c. )hen (ersons rise (ublicly an' tu&ultuously in or'er to (revent by force the
+ational 8overn&ent fro& freely e5ercising its function.
'. )hen (ersons circulate scurrilous libels against the 8overn&ent which ten' to
instigate others to &eet together or to stir u( the (eo(le against the lawful
authorities.
3A. )hat is the (ro(er charge against (ublic officers or e&(loyees who3 being in cons(iracy
with the rebels3 faile' to resist a rebellion by all &eans in their (ower3 or shall continue to
'ischarge the 'uties of their offices un'er the control of the rebels3 or shall acce(t
a((oint&ent to office un'er the&<
a. 'isloyalty of (ublic officers or e&(loyeesG
b. rebellionG
c. cons(iracy to co&&it rebellionG
'. 'ereliction of 'uty.
3!. )hat is the (ro(er charge against a (erson who3 without ta1ing ar&s or being in o(en
hostility against the 8overn&ent3 shall incite others to 'e(rive $ongress of its legislative
(owers3 by &eans of s(eeches or writings<
a. inciting to se'itionG
b. inciting to rebellion or insurrectionG
c. cri&e against legislative bo'yG
'. unlawful use of &eans of (ublication or unlawful utterances.
3C. )hat is the cri&e co&&itte' when a grou( of (ersons entere' the &unici(al buil'ing
rising (ublicly an' ta1ing u( ar&s in (ursuance of the &ove&ent to (revent e5ercise of
govern&ental authority with res(ect to the resi'ents of the &unici(ality concerne' for the
(ur(ose of effecting changes in the &anner of governance an' re&oving such locality
un'er their control fro& allegiance to the laws of the 8overn&ent<
a. se'itionG
b. cou( 'BetatG
c. insurrectionG
'. (ublic 'isor'er.
3D. )hen is a 'isturbance of (ublic or'er 'ee&e' to be tu&ultuous<
a. The 'isturbance shall be 'ee&e' tu&ultuous i f cause' by &ore than three 3#
(ersons who are ar&e' or (rovi'e' with &eans of violence.
b. The 'isturbance shall be 'ee&e' tu&ultuous when a (erson causes a serious
'isturbance in a (ublic (lace or 'isturbs (ublic (erfor&ance3 function or
gathering.
c. The 'isturbance shall be 'ee&e' tu&ultuous when &ore than three 3# (ersons
&a1e any outcry ten'ing to incite rebellion or se'ition or shout subversive or
(rovocative wor's to obtain any of the ob=ectives of rebellion or se'ition.
'. The 'isturbance shall be 'ee&e' tu&ultuous when at least four ># (ersons
(artici(ate in a free-for-all-fight assaulting each other in a confuse' an'
tu&ultuous &anner.
>0. )hat is the cri&inal liability3 if any3 of a (olice officer who3 while $ongress was in
session3 arreste' a &e&ber thereof for co&&itting a cri&e (unishable by a (enalty higher
than (rision &ayor<
a. The (olice officer is cri&inally liable for violation of (arlia&entary i&&unity
because a &e&ber of $ongress is (rivilege' fro& arrest while $ongress is in
session.
b. The (olice officer is cri&inally liable for 'isturbance of (rocee'ings because the
arrest was &a'e while $ongress was in session.
c. The (olice officer incurs no cri&inal liability because the &e&ber of $ongress
has co&&itte' a cri&e (unishable by a (enalty higher than (rision &ayor.
'. The (olice officer is cri&inally liable for violation of (arlia&entary i&&unity
because (arlia&entary i&&unity guarantees a &e&ber of $ongress co&(lete
free'o& of e5(ression without fear of being arreste' while in regular or s(ecial
session.
>1. )hat is the (ro(er charge against a grou( of four (ersons who3 without (ublic. u(rising3
e&(loy force to (revent the hol'ing of any (o(ular election<
a. se'itionG
b. 'isturbance of (ublic or'erG
c. grave coercionG
'. 'irect assault.
>2. )hich of the following circu&stances &ay be a((reciate' as aggravating in the cri&e of
treason<
a. cruelty an' igno&inyG
b. evi'ent (re&e'itationG
c. su(erior strengthG
'. treachery.
>3. )hat is the cri&e co&&itte' by a (ublic officer who 'iscloses to the re(resentative of a
foreign nation the contents of the articles3 'ata or infor&ation of a confi'ential nature
relative to the 'efense of the Phili((ine archi(elago which he has in his (ossession by
reason of the (ublic office he hol's<
a. es(ionageG
b. 'isloyaltyG
c. treasonG
'. violation of neutrality.
>>. / foreigner resi'ing in -ong 6ong counterfeits a twenty-(eso bill issue' by the
Phili((ine 8overn&ent. May the foreigner be (rosecute' before a civil court in the
Phili((ines<
a. +o. The (rovisions of the .evise' Penal $o'e are enforceable only within the
Phili((ine /rchi(elago.
b. +o. The Phili((ine $ri&inal 9aw is bin'ing only on (ersons who resi'e or
so=ourn in the Phili((ines.
c. +o. ?oreigners resi'ing outsi'e the =uris'iction of the Phili((ines are e5e&(te'
fro& the o(eration of the Phili((ine $ri&inal 9aw.
'. ,es. The (rovisions of the .evise' Penal $o'e are enforceable H also outsi'e the
=uris'iction of the Phili((ines against those who shoul' forge or counterfeit
currency notes of the Phili((ines or obligations an' securities issue' by the
8overn&ent of the Phili((ines.
>". $an the cri&e of treason be co&&itte' only by a ?ili(ino citiFen<
a. ,es. The offen'er in the cri&e of treason is a ?ili(ino citiFen only because the
first ele&ent is that the offen'er owes allegiance to the 8overn&ent of the
Phili((ines.
b. +o. The offen'er in the cri&e of treason is either a ?ili(ino citiFen or a foreigner
&arrie' to a ?ili(ino citiFen3 whether resi'ing in the Phili((ines or elsewhere3
who a'heres to the ene&ies of the Phili((ines3 giving the& ai' or co&fort.
c. +o. The offen'er in the cri&e of treason is either a ?ili(ino citiFen or an alien
resi'ing in the Phili((ines because while (er&anent allegiance is owe' by the
alien to his own country3 he owes a te&(orary allegiance to the Phili((ines where
he resi'es.
'. ,es. 2t is not (ossible for an alien3 whether resi'ing in the Phili((ines or
elsewhere3 to co&&it the cri&e of treason because he owes allegiance to his own
country.
>A. / =ailer inflicte' in=ury on the (risoner because of his (ersonal gru'ge against the latter.
The in=ury cause' illness of the (risoner for &ore than thirty 30# 'ays. )hat is the
(ro(er charge against the =ailer<
a. The =ailer shoul' be charge' with &altreat&ent of (risoner an' serious (hysical
in=uries.
b. The =ailer shoul' be charge' with serious (hysical in=uries only.
c. The =ailer shoul' be charge' with co&(le5 cri&e of &altreat&ent of (risoner with
serious (hysical in=uries.
'. The =ailer shoul' be charge' with &altreat&ent of (risoner only.
>!. // was convicte' of (ro(osal to co&&it treason. 7n'er /rticle 11" of the .evise' Penal
$o'e3 (ro(osal to co&&it treason shall be (unishe' by (rision correccional an' a fine not
e5cee'ing P"3000.00. 2s the 2n'eter&inate 0entence 9aw a((licable to //<
a. ,es. The 2n'eter&inate 0entence 9aw is a((licable to // because the &a5i&u&
of (rision correccional e5cee's one 1# year.
b. ,es. The 2n'eter&inate 0entence 9aw is a((licable to // because there is no
showing that he is a habitual 'elinquent.
c. +o. The 2n'eter&inate 0entence 9aw is not a((licable to // consi'ering the
(enalty i&(osable for the offense of which he was convicte'.
'. +o. The 2n'eter&inate 0entence 9aw is not a((licable consi'ering the offense of
which he was convicte'.
>C. )hat is the (ro(er charge against a lawyer who reveals the secrets of his client learne' by
hi& in his (rofessional ca(acity<
a. The lawyer shoul' be charge' with revelation of secrets of (rivate in'ivi'ual.
b. The lawyer shoul' be charge' with betrayal of trust.
c. The lawyer shoul' be charge' with unauthoriFe' revelation of classifie'
&aterials.
'. The (ro(er charge against the lawyer shoul' be revealing secrets with abuse of
office.
>D. /E was 'riving a van along a highway. Eecause of her rec1lessness3 the van hit a car
which ha' alrea'y entere' the intersection. /s a result3 $4 who was 'riving the car
suffere' (hysical in=uries3 while 'a&age to his car a&ounte' to PC3"00.00. )hat is the
(ro(er charge against /E<
a. /E shoul' be charge' with co&(le5 cri&e of rec1less i&(ru'ence resulting in
'a&age to (ro(erty with slight (hysical in=uries.
b. /E shoul' .be charge' with rec1less i&(ru'ence resulting in slight (hysical
in=uries an' rec1less i&(ru'ence resulting in 'a&age to (ro(erty.
c. /E shoul' be charge' with co&(le5 cri&e of slight (hysical in=uries with 'a&age
to (ro(erty.
'. /E shoul' be charge' with slight (hysical in=uries an' rec1less i&(ru'ence
resulting in 'a&age to (ro(erty.
"0. )hat cri&e is co&&itte' by one who3 having receive' &oney3 goo's or any other
(ersonal (ro(erty in trust or on co&&ission3 or for a'&inistration3 'efrau's the offen'e'
(arty by 'enying recei(t of such &oney3 goo's or other (ro(erty<
a. -e co&&its violation of the Trust .ecei(t 9aw.
b. -e co&&its estafa through frau'ulent &eans.
c. -e co&&its estafa by false (retenses.
'. -e co&&its estafa with unfaithfulness or abuse of confi'ence.
"1. )hat is the cri&inal liability3 if any3 of /// who substitutes for a (risoner serving
sentence for ho&ici'e by ta1ing his (lace in =ail or (enal establish&ent<
a. /// is cri&inally liable for 'elivering (risoner fro& =ail an' for using fictitious
na&e.
b. /// is cri&inally liable as an accessory of the cri&e of ho&ici'e by assisting in
the esca(e or conceal&ent of the (rinci(al of the cri&e.
c. /// is cri&inally liable for infi'elity in the custo'y of (risoners.
'. /// is cri&inally liable for &isre(resentation or concealing his true na&e.
"2. / chil' over fifteen 1"# years of age acte' with 'iscern&ent in the co&&ission of
&ur'er. )hat is the 'uty of the court if he is alrea'y over eighteen 1C# years of age at
the ti&e of the 'eter&ination of his guilt for the offense charge'<
a. The court shall (ronounce the =u'g&ent of conviction.
b. The court shall (lace the chil' un'er sus(en'e' sentence for a s(ecifie' (erio' or
until he reaches twenty-one 21# years of age.
c. The court shall 'ischarge the chil' for 'is(osition &easures.
'. The court shall (lace the chil' on (robation.
"3. )hat is the cri&inal liability3 if any3 of a (rivate (erson who enters the 'welling of
another against the latterBs will an' by &eans of violence or inti&i'ation for the (ur(ose
of (reventing so&e har& to hi&self<
a. The (rivate (erson is cri&inally liable for qualifie' tres(ass to 'welling.
b. The (rivate (erson is cri&inally liable for si&(le tres(ass to 'welling.
c. The (rivate (erson incurs no cri&inal liability.
'. The (rivate (erson is cri&inally liable for light threats.
">. /// was convicte' of theft by a Manila $ourt an' sentence' to a straight (enalty of one
1# year of (rision correccional. /fter serving two 2# &onths of the sentence3 he was
grante' con'itional (ar'on by the $hief *5ecutive. One of the con'itions of the (ar'on
was for hi& not to be foun' guilty of any cri&e (unishable by the laws of the country. -e
subsequently co&&itte' robbery in Pasay $ity. $an the Manila $ourt require /// to
serve the une5(ire' (ortion of the original sentence<
a. ,es. The Manila $ourt has the authority to reco&&it /// to serve the une5(ire'
(ortion of the original sentence in a''ition to the (enalty for violation of
con'itional (ar'on.
b. +o. The (enalty re&itte' by the con'itional (ar'on is less than si5 A# years.
c. ,es. The (enalty for violation of con'itional (ar'on is the une5(ire' (ortion of
the (unish&ent in the original sentence.
'. +o. /// &ust first be foun' guilty of the subsequent offense before he can be
(rosecute' for violation of con'itional (ar'on.
"". )hat is the cri&inal liability of a (erson who 1nowingly an' in any &anner ai's or
(rotects highway robbersIbrigan's by giving the& infor&ation about the &ove&ent of
the (olice<
a. -e is cri&inally liable as (rinci(al by in'is(ensable coo(eration in the
co&&ission of highway robbery or brigan'age.
b. -e is cri&inally liable as an accessory of the (rinci(al offen'ers.
c. -e is cri&inally liable as an acco&(lice of the (rinci(al offen'ers.
'. -e is cri&inally liable as (rinci(al for ai'ing an' abetting a ban' of brigan's.
"A. )ith intent to 1ill3 888 burne' the house where ? an' 4 were staying. ? an' 4 'ie' as a
consequence. )hat is the (ro(er charge against 888<
a. 888 shoul' be charge' with two 2# counts of &ur'er.
b. 888 shoul' be charge' with arson.
c. 888 shoul' be charge' with co&(le5 cri&e of arson with 'ouble &ur'er.
'. 888 shoul' be charge' with co&(le5 cri&e of 'ouble &ur'er.
"!. .. convince' )) to ta1e a =ob in Taiwan3 assuring her of a goo' salary an' entitle&ent
to a yearly vacation. )) (ai' to .. the (rocessing fee for (ass(ort an' visa3 but no
recei(t was issue' for the (ay&ent. )) was &a'e to use the alien certificate of
registration of another (erson with a $hinese na&e an' instructe' on how to use the
$hinese na&e. The a((lication of )) was re=ecte' by the Taiwanese authorities. $ases
were file' against .. for illegal recruit&ent an' estafa. The case of illegal recruit&ent
was 'is&isse'. 2s .. liable for estafa<
a. .. is liable for estafa with unfaithfulness or abuse of confi'ence.
b. .. is liable for estafa by &eans of false (retenses.
c. .. is not liable for estafa because )) (artici(ate' in the illegal travel
'ocu&ents.
'. .. can no longer be hel' liable for estafa because with the 'is&issal of the case
against hi& for illegal recruit&ent3 'ouble =eo(ar'y has alrea'y set in.
"C. / entere' the house of E. Once insi'e the house of E3 / too1 an' seiFe' (ersonal
(ro(erty by co&(ulsion fro& E with the use of violence an' force u(on things3 believing
hi&self to be the owner of the (ersonal (ro(erty so seiFe'. )hat is the cri&inal liability
of /<
a. / is cri&inally liable for robbery with violence because he e&(loye' violence in
the ta1ing of the (ersonal (ro(erty fro& E3 robbery characteriFe' by violence
being graver than or'inary robbery co&&itte' with force u(on things.
b. / is cri&inally liable for robbery with force u(on things in an inhabite' house
because the act was co&&itte' in a house constituting the 'welling of one or
&ore (ersons.
c. / is cri&inally liable for grave coercion because the (resu&(tion of intent to gain
is rebutte'.
'. / is cri&inally liable for qualifie' tres(ass to 'welling because he e&(loye'
violence.
"D. )hat is the cri&inal liability3 if any3 of a (hysician who issues a false &e'ical certificate
in connection with the (ractice of his (rofession<
a. The (hysician is cri&inally liable for falsification of &e'ical certificate.
b. The (hysician is cri&inally liable if the false &e'ical certificate is use' in court.
c. The (hysician incurs no cri&inal liability if the false &e'ical certificate is not
sub&itte' to the court.
'. The (hysician incurs no cri&inal liability if the false &e'ical certificate 'oes not
cause (re=u'ice or 'a&age.
A0. 7n'er which of the following circu&stances is (robation not a((licable<
a. Probation is not a((licable when the accuse' is sentence' to serve a &a5i&u& of
si5 A# years.
b. Probation is not a((licable when the accuse' has been convicte' by final
=u'g&ent of an offense (unishe' by i&(rison&ent of less than one 1# &onth
an'Ior fine of less than P200.00.
c. Probation is not a((licable when accuse' is convicte' of in'irect assault.
'. Probation is not a((licable when accuse' is convicte' of in'irect bribery.
A1. )hat cri&e is co&&itte' by a (erson who3 having foun' a ring3 fails to 'eliver the sa&e
to the owner or to the local authorities<
a. The fin'er co&&its theft.
b. The fin'er co&&its conceal&ent.
c. The fin'er co&&its qualifie' theft.
'. The fin'er co&&its usur(ation of (ro(erty.
A2. /t a wa1e3 there were (eo(le watching a ga&e of 'ice. )ith treachery an' use of
unlicense' firear&s3 // fire' successively several gunshots at their 'irection. 4uring the
shooting3 four ># (ersons were 1ille' an' fourteen 1># others were in=ure' an' brought
to the hos(ital for the treat&ent of gunshot woun's. )hat shoul' be the (ro(er charge
against //<
a. // shoul' be charge' with &ulti(le &ur'er an' atte&(te' &ur'er.
b. // shoul' be charge' with four ># counts of &ur'er an' fourteen 1># counts of
atte&(te' &ur'er.
c. // shoul' be charge' with four ># counts of &ur'er3 fourteen 1># counts of
serious (hysical in=uries an' illegal (ossession of firear&s.
'. // shoul' be charge' with co&(le5 cri&e of &ur'er an' atte&(te' &ur'er with
illegal (ossession of firear&s.
A3. /3 E3 $ an' 4 are &e&bers of the (olice 'e(art&ent of a &unici(ality. $ons(iring with
one another3 they arreste' *3 without reasonable groun'3 for the (ur(ose of 'elivering
hi& to the (ro(er authorities by i&(uting to * the cri&e of bribery. )hile * was being
investigate' by /3 E3 $ an' 43 one of the& (lace' a &ar1e' five hun're' (eso bill3
together with the &oney ta1en fro& *3 to &a1e it a((ear that *3 an e&(loyee of the
Office of the 9ocal $ivil .egistrar3 agree' to (erfor& an act not constituting a cri&e in
connection with the (erfor&ance of *Bs 'uties3 which was to e5(e'ite the issuance of a
birth certificate. )hat is the cri&e co&&itte' by /3 E3 $ an' 4<
a. /3 C3 $ an' 4 co&&itte' incri&inatory &achination through unlawful arrest.
b. /3 C3 $ an' 4 co&&itte' intriguing against honor with unlawful arrest.
c. /3 C3 $ an' 4 co&&itte' slight illegal 'etention.
'. /3 C3 $ an' 4 co&&itte' corru(tion of (ublic official.
A>. ?elonies are classifie' accor'ing to &anner or &o'e of e5ecution into felonies co&&itte'
by &eans of 'eceit 'olo# an' by &eans of fault cul(a#. )hich of the following causes
&ay not give rise to cul(able felonies<
a. 2&(ru'enceG
b. MaliceG
c. +egligenceG
'. 9ac1 of foresight.
A". )hich of the following acts 'oes not constitute estafa or other for&s of swin'ling<
a. )hen a (erson &ortgages a real (ro(erty by (reten'ing to be the owner thereof.
b. )hen a (erson 'is(oses of the real (ro(erty 1nowing it to be encu&bere'.
c. )hen a (erson wrongfully ta1es real (ro(erty fro& its lawful (ossessor to the
(re=u'ice of the latter.
'. )hen a (erson &ortgages real (ro(erty while being a surety given in a civil
action without e5(ress authority fro& the court.
AA. 443 inten'ing to 1ill **3 (e((ere' the latterBs be'roo& with bullets3 but since the
inten'e' victi& was not ho&e at that ti&e3 no har& ca&e to hi&. )hat cri&e is
co&&itte'<
a. 44 co&&itte' the cri&e of atte&(te' &ur'er.
b. 44 co&&itte' the cri&e of atte&(te' ho&ici'e.
c. 44 co&&itte' the cri&e of i&(ossible cri&e.
'. 44 co&&itte' the cri&e of &alicious &ischief.
A!. )hat cri&e is co&&itte' when a (erson ill-treats another by 'ee' without causing any
in=ury<
a. The offen'er co&&its &altreat&ent.
b. The offen'er co&&its slan'er by 'ee'.
c. The offen'er co&&its assault.
'. The offen'er co&&its coercion.
AC. The ba(tis& of / was sole&niFe' by E3 an ecclesiastical &inister3 in the absence of $3
one of the go'(arents. 7(on request of the &other of /3 E cause' the inclusion of the
na&e of $ in the ba(tis&al certificate of / as one of the go'(arents an' allowe' a (ro5y
for $ 'uring the ba(tis&al cere&ony. )hat is the cri&inal liability3 if any3 of the
ecclesiastical &inister<
a. The ecclesiastical &inister is cri&inally liable for falsification of ba(tis&al
certificate by causing it to a((ear that $ (artici(ate' in the ba(tis&al cere&ony
when he 'i' not in fact so (artici(ate.
b. The ecclesiastical &inister is not cri&inally liable because the insertion of the
na&e of $ in the ba(tis&al certificate will not affect the civil status of /.
c. The ecclesiastical &inister is not cri&inally liable because he is not a (ublic
officer3 e&(loyee or notary.
'. The ecclesiastical &inister is not cri&inally liable because he 'i' not ta1e
a'vantage of his official (osition nor cause 'a&age to a thir' (arty.
AD. 2s the (enalty for i&(ossible cri&e a((licable to one who atte&(ts to co&&it a light
felony of i&(ossible &aterialiFation<
a. +o. The evil intent of the offen'er cannot be acco&(lishe'.
b. +o. /n atte&(t to co&&it light felony constitutes an e&(loy&ent of ina'equate
or ineffectual &eans.
c. +o. The (enalty for consu&&ate' light felony is less than the (enalty for
i&(ossible cri&e.
'. +o. 2n i&(ossible cri&e3 the act (erfor&e' shoul' not constitute a violation of
another offense.
!0. )hat cri&e is co&&itte' by a (ublic officer who3 having control of (ublic fun's or
(ro(erty by reason of the 'uties of his office an' for which he is accountable3 (er&its any
other (erson through aban'on&ent to ta1e such (ublic fun's or (ro(erty<
a. The (ublic officer co&&its &alversation.
b. The (ublic officer co&&its technical &alversation.
c. The (ublic officer co&&its the cri&e of failure of accountable or res(onsible
officer to ren'er accounts.
'. The (ublic officer co&&its the cri&e of failure to &a1e 'elivery of (ublic fun's
or (ro(erty.
!1. // 1nowingly an' willfully in'uce' EE to swear falsely. EE testifie' as tol' in a for&al
hearing of an a'&inistrative case un'er circu&stances ren'ering hi& guilty of (er=ury. 2s
// cri&inally liable<
a. // is not cri&inally liable because his act constitutes subornation of (er=ury
which is not e5(ressly (enaliFe' in the .evise' Penal $o'e.
b. // is not cri&inally liable because he was not the one who gave false testi&ony
in the a'&inistrative case.
c. // is not cri&inally liable because the witness suborne' testifie' in an
a'&inistrative case only.
'. // is cri&inally liable for (er=ury as (rinci(al by in'uce&ent with EE as the
(rinci(al by 'irect (artici(ation.
!2. )hat shoul' be the (ro(er charge against an offen'er who unlawfully too1 an' carrie'
away a &otor vehicle belonging to another without the latterBs consent3 1illing the 'river
in the (rocess<
a. The (ro(er charge against the offen'er shoul' be &ur'er with the use of &otor
vehicle.
b. The (ro(er charge against the offen'er shoul' be qualifie' carna((ing or
carna((ing in an aggravate' for&.
c. The (ro(er charge against the offen'er shoul' be carna((ing an' ho&ici'e.
'. The (ro(er charge against the offen'er shoul' be robbery with ho&ici'e.
!3. $ons(iracy to co&&it felony is (unishable only in cases in which the law s(ecifically
(rovi'es a (enalty therefor. 7n'er which of the following instances are the cons(irators
not liable<
a. $ons(iracy to co&&it arson.
b. $ons(iracy to co&&it terroris&.
c. $ons(iracy to co&&it chil' (ornogra(hy.
'. $ons(iracy to co&&it traffic1ing in (ersons.
!>. )ith intent to cause 'a&age3 /// 'eliberately set fire u(on the two-storey resi'ential
house of his e&(loyer3 &ostly &a'e of woo'en &aterials. The blaFe s(rea' an' gutte'
'own seven neighboring houses. On the occasion of the fire3 si5 A# (ersons sustaine'
burn in=uries which were the 'irect cause of their 'eath. )hat cri&e was co&&itte' by
///<
a. /// co&&itte' the co&(le5 cri&e of arson with &ulti(le ho&ici'e.
b. /// co&&itte' arson an' &ulti(le ho&ici'e.
c. /// co&&itte' si&(le arson.
'. /// co&&itte' arson an' &ulti(le &ur'er.
!". )hat cri&e is co&&itte' by a utility wor1er in govern&ent who 'estroys office files as
an act of revenge against his su(ervisor<
a. The utility wor1er co&&its infi'elity in the custo'y of (a(ers.
b. The utility wor1er co&&its &alicious &ischief.
c. The utility wor1er co&&its estafa by re&oving3 concealing or 'estroying office
files.
'. The utility wor1er co&&its cri&e involving 'estruction.
( NOTHIN$ "OLLOWS (
HAN% IN !OUR ANSWER SHEET.
THERE IS NO NEE% TO RETURN THIS QUESTIONNAIRE TO THE HEA%
WATCHER.
2012 BAR EXAMINATIONS
CRIMINAL LAW
21 October 2012 3:30 P.M.-" P.M.
Set B
ESSA! ) T!PE QUESTIONS
INSTRUCTIONS
The following questionnaire consists of ten 10# questions nu&bere' l to J# containe' in
T-.** 3# (ages.
Eegin your answer to each nu&bere' question on a se(arate (ageG an answer to a sub-questionIs
un'er the sa&e nu&ber n1ay be written continuously on the san1e (age an' succee'ing (ages
until co&(lete'.
/nswer the question 'irectly an' concisely. 4o not re(eat the question. )rite legibly.
-/+4 2+ ,O7. +OT*EOO6. T-*.* 20 +O +**4 TO .*T7.+ T-20 %7*0T2O++/2.*
TO T-* -*/4 )/T$-*..
8OO497$6:::
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MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHEC THAT THIS SET CONTAINS "OUR (#) PA$ES (INCLU%IN$ THIS
PA$E).
WARNIN$& NOT "OR SALE OR UNAUTHORI'E% USE
TAXATION LAW
I
a. )hat are the ele&ents of the cri&e of biga&y< "K#
b. 2f you were the =u'ge in a biga&y case where the 'efense was able to (rove that the first
&arriage was null an' voi' or a nullity3 woul' you ren'er a =u'g&ent of conviction or
acquittal< *5(lain your answer. 2K#
/ssu&ing the e5istence of the first &arriage when accuse' contracte' the secon'
&arriage an' the subsequent =u'icial 'eclaration of nullity of the secon' &arriage on the
groun' of (sychological inca(acity3 woul' you ren'er a =u'g&ent of conviction or
acquittal< *5(lain your answer. 3K#
II
a. )hat is a (rivilege' &itigating circu&stance< "K#
b. 4istinguish a (rivilege' &itigating circu&stance fro& an or'inary &itigating
circu&stance as to re'uction of (enalty an' offsetting against aggravating circu&stanceIs.
"K#
III
a. 2s the cri&e of theft susce(tible of co&&ission in the frustrate' stage< *5(lain your
answer in relation to what (ro'uces the cri&e of theft in its consu&&ate' stage an' by
way of illustration of the sub=ective an' ob=ective (hases of the felony. "K#
b. )hat are the constitutional (rovisions li&iting the (ower of $ongress to enact (enal
laws< "K#
IV
/ (ostal van containing &ail &atters3 inclu'ing chec1s an' treasury warrants3 was hi=ac1e' along
a national highway by ten 1 0# &en3 two 2# of who& were ar&e'. They use' force3 violence
an' inti&i'ation against three 3# (ostal e&(loyees who were occu(ants of the van3 resulting in
the unlawful ta1ing an' as(ortation of the entire van an' its contents.
a. 2f you were the (ublic (rosecutor3 woul' you charge the ten 10# &en who hi=ac1e' the
(ostal van with violation of Presi'ential 4ecree +o. "323 otherwise 1nown as the /nti-
Piracy an' /nti --ighway .obbery 9aw of 1D!>< *5(lain your answer. "K#
b. 2f you were the 'efense counsel3 what are the ele&ents of the cri&e of highway robbery
that the (rosecution shoul' (rove to sustain a conviction< "K#
V
a. )ho is an acco&(lice< "K#
b. 4istinguish an acco&(lice fro& a cons(irator as to their 1nowle'ge of the cri&inal
'esign of the (rinci(al3 their (artici(ation3 the (enalty to be i&(ose' in relation to the
(enalty for the (rinci(al3 an' the requisitesIele&ents to be establishe' by the (rosecution
in or'er to hol' the& cri&inally res(onsible for their res(ective roles in the co&&ission
of the cri&e. "K#
VI
a. )hat is the fun'a&ental (rinci(le in a((lying an' inter(reting cri&inal laws3 inclu'ing
the 2n'eter&inate 0entence 9aw< "K#
b. -ow is the 2n'eter&inate 0entence 9aw a((lie' in i&(osing a sentence< "K#
VII
a. )ho are brigan's< "K#
b. 4istinguish brigan'age fro& robbery in ban' as to ele&ents3 (ur(ose of the of fen'er an'
agree&ent a&ong the offen'ers. "K#
VIII
a. )ho is a habitual 'elinquent< "K#
b. 4istinguish habitual 'elinquency fro& reci'ivis& as to the cri&es co&&itte'3 the (erio'
of ti&e the cri&es are co&&itte'3 the nu&ber of cri&es co&&itte' an' their effects in
relation to the (enalty to be i&(ose' on a convict. "K#
IX
a. 4efine cons(iracy. "K#
b. 4istinguish by way of illustration cons(iracy as a felony fro& cons(iracy as a &anner of
incurring liability in relation to the cri&es of rebellion an' &ur'er. "K#
X
a. *5(lain an' illustrate the stages of e5ecution of the cri&e of ho&ici'e3 ta1ing into
account the nature of the offense3 the essential ele&ent of each of the stages of e5ecution
an' the &anner of co&&itting such international felony as 'istinguishe' fro& felony
co&&itte' through rec1less i&(ru'ence. "K#
b. // was arreste' for co&&itting a bailable offense an' 'etaine' in solitary confine&ent.
-e was able to (ost bail after two 2# wee1s of 'efection. 4uring the (erio' of 'etention3
he was not given any foo'. 0uch 'e(rivation cause' hi& (hysically 'isco&fort. )hat
cri&e3 if any3 was co&&itte' in connection with the solitary confine&ent an' foo'
'e(rivation of //< *5(lain your answer. "K#
( NOTHIN$ "OLLOWS (
HAN% IN !OUR NOTEBOO.
THERE IS NO NEE% TO RETURN THIS QUESTIONNAIRE TO THE HEA%
WATCHER.