Criminal Law Bar Examination Q & A (1994-2006)

1 of 86

ANSWERS TO BAR
EXAMINATION QUESTIONS
IN

Criminal
Criminal Law
Q
A
Examination Q 8
4& Aof
5
6
7
(1994-2006)
86
Criminal Law
Law Bar
Bar Examination
Examination
Q&
& Bar
A (1994-2006)
(1994-2006)

2 of 86
3
9

Plunder
Qualifying;
Penalties:
Art
Rape;
Theft;
148;
Qualified
Anti-Rape
under
Direct
Fine
Elements
RA
Assault
or
Theft
Law
Imprisonment
7080;
of(2002)
ofvs.
a1997
Prescriptive
Crime
Resistance
............................................................................................................................................73
(2002)
(2003).............................................................................................................................22
vs. Subsidiary
Period
................................................................................................................................58
& Disobedience
(1993)............................................................................................................84
Imprisonment
(2001) (2005)...................................................................................33
............................................................................................44
GENERAL
PRINCIPLES
Art
Rape;
Theft;
R.A.
148;
No.
Qualified
Consented
Direct
9160 Anti-Money
Assault;
Theft
Abduction
(2002)
Teachers
Laundering
(2002)
............................................................................................................................................73
& Professors
..................................................................................................................................59
Act (2005)
(2002)
..............................................................................................................84
.......................................................................................................45
Penalties:
Pecuniary
Penalties
vs.
Pecuniary
Liabilities
(2005)
MITIGATING
CIRCUMSTANCES................................................................................................22
Ra
3019;
Preventive
Suspension
(1999)
...........................................................................................................................84
............................................................................................33
Art
Rape;
Theft;
148;
Qualified
Effect;
Persons
Affidavit
Theft
in
Authority/Agents
(2006)
of
Desistance
............................................................................................................................................73
of
(1993).......................................................................................................................59
Persons
in
Authority
(2000).....................................................................................45
Penalties;
Complex
Crime
of
Estafa
(1997)
General Principles; Schools of thought in Criminal Law
GENERAL
PRINCIPLES...............................................................................................................10
.......................................................................................................................33
Art
Rape;
Theft;
RA
156;
3019;
Stages
Male
Delivery
Preventive
Victim
of
Execution
of
(2002)
Prisoners
Suspension
................................................................................................................................................59
(1998)
from
(2000)...........................................................................................................................84
....................................................................................................................................73
Jail
(2002)
...................................................................................................................45
Penalties;
Factors
to
Consider
(1991)
Mitigating; Non-Intoxication (2000) ...................................................................................................................................22
(1996)
RA
3019;
Public
Officer
(2003).........................................................................................................................................85
...............................................................................................................................33
Art
Rape;
Theft;
157;
Stages
Multiple
Evasion
of
Rapes;
Execution
of
Service
Forcible
(2000)
of
Sentence
Abduction
....................................................................................................................................74
(1998)
(2000)...............................................................................................................59
.................................................................................................................46
Penalties;
Homicide
w/
Modifying
Mitigating;
Plea
of
Guilty
(1999)........................................................................................................................................22
1}
What
are the
different
schools
of Law
thought
General
Principles;
Schools
of thought
in Criminal
(1996) ............................................................................................10
Circumstance
Art.
Rape;
Usurpation
Ra
6713;
134;
Proper
Rebellion
Coverage
of Real
Party
Rights
vs.
(2001)
(1993)...............................................................................................................................................59
Coup
(1996)......................................................................................................................................74
..............................................................................................................................................85
......................................................................................................34
d'etat
(2004)
........................................................................................................................46
Penalties; Mitigating
Mitigating;
Plea
of(1995)
Guilty;
Requisites
(1999).......................................................................................................................22
or
theories
in
Criminal
Law
and
describe
General
Principles;
Territoriality
(1994)
.............................................................................................................................10
RA
7438-Economic
Sabotage;
Illegal
Recruitment
(2004)
...................................................................................................85
Circumstances
Complex
Rape;
Statutory
Crime;
w/out
Rape;
Direct
Aggravating
Mental
Assault
Retardate
with
Circumstance
murder
Victim
(2000)
(1996).......................................................................................................60
(1997)
............................................................................................................46
.......................................................................34
Penalties; Parricide
Mitigating;
Plea
of
Guilty;
Voluntary
Surrender
(1997).........................................................................................................22
each
2)Territoriality;
To what
theory does
our (2000) .........................................................................................10
Generalbriefly.
Principles;
Jurisdiction
over Vessel
CRIMES
AGAINST
CHASTITY....................................................................................................74
This
work
is
not
intended
for
sale
or
commerce.
This
work
is
freeware.
It may
w/
RA
7610
Mitigating

Child
Exploitation
Circumstance
(2006)
(1997).......................................................................................................34
.................................................................................................................................86
Penalties;
SUGGESTED
ANSWER:
Mitigating;
Voluntary
Surrender
(1996)..............................................................................................................................23
Revised
Penal
belong?
Use of Aliases;
WhenCode
Allowed
(2006) ...............................................................................................................................10
CRIMES
AGAINST
PUBLIC
PERSONAL
INTEREST....................................................................................47
LIBERTY
AND
SECURITY
................................................60
Preventive
Imprisonment
(1994)
.......................................................................................................................34
Penalties;
1
There
two
schools
thought
in
Acts
of Lasciviousness
vs.
Unjust
Vexationof
(1994)
.............................................................................................................74
Mitigating;
Voluntaryare
Surrender;
Elements
(1999)
..............................................................................................................23
be
copied
and
distributed.
It is primarily intended for all those who
Reclusion
Perpetua
(RA) No.
7959
(2005)
.........................................................................................................35
Penalties;
Criminal
Law,
and
these
are
(a)
the CLASSICAL
FELONIES........................................................................................................................................10
Falsefreely
Arbitrary
Adultery
Notes;
Detention;
(2002)...............................................................................................................................................................74
Illegal
Possession
Elements;
Grounds
(1999)
.............................................................................................................................47
(2006)..................................................................................................................60
AGGRAVATING
CIRCUMSTANCES
.........................................................................................23
Reclusion
Perpetua
vs.
Life
Imprisonment
(1994)
...............................................................................................35
Penalties;
THEORY,
which
simply
means
that
the
basis
of
False Testimony
Grave
Concubinage
Coercion
(1994)
(1998)....................................................................................................................................................60
(1994)...................................................................................................................................................47
.......................................................................................................................................................74
Conspiracy
(1997)
..........................................................................................................................................................10
Reclusion
Perpetua
vs.
Life
Imprisonment
(2001)
...............................................................................................35
Probation
desire
to
have
a
deeper
understanding
of
the
issues
touched
by
the
Philippine
criminal
liabilities
is
human
free
will,
and
the
Falsification;
Grave
Concubinage
Coercion
Presumption
(2002)
vs. Maltreatment
.......................................................................................................................................................75
of (1996)...................................................................................................................................23
Falsification
of Prisoner
(1999)................................................................................................................47
(1999) ..........................................................................................................61
Aggravating
Circumstances
Conspiracy;
Avoidance
of Greater
Evil
(2004)....................................................................................................................11
Law:
Proper
Period
(2005)
................................................................................................................................35
Probation
purpose
of
the
penalty
is
retribution
which
must
Forgery
Illegal
Unjust
Detention
Vexation
& Falsification
vs.
vs.Act
Grave
(1999)
of Lasciviousness
Coercion
..........................................................................................................................................47
(1999).......................................................................................................................61
(2006)...............................................................................................................75
Aggravating
Circumstances;
Generis
vs. Qualifying
(1999) .................................................................................................24
Conspiracy;
Co-Conspirator
(1998)
..................................................................................................................................11
Law;proportional
Barred
by (1996)
Appeal
(1994)...........................................................................................................................35
Probation
be
to
the
gravity
of
the
offense;
and
Bar
Examinations
and
its
trend.
It
is
specially
intended
for
law
students
from
Grave
Kidnapping
Scandal
(2002)
..........................................................................................................................................................61
.....................................................................................................................................................48
Aggravating
Circumstances;
Kinds
&
Penalties
(1999)........................................................................................................24
Conspiracy;
Common
Felonious
Purpose
(1994)
...............................................................................................................11
CRIMES
AGAINST
THE
CIVIL
STATUS
OF PERSONS........................................................75
Law;the
Barred
by
Appeal
(2001)...........................................................................................................................36
Probation
(b)
POSITIVIST
THEORY,
which
considers
man
Perjury
Kidnapping
(1996)
(2006)
................................................................................................................................................................48
..........................................................................................................................................................61
Aggravating;Complex
Cruelty; Relationship
(1994)
.........................................................................................................................24
Conspiracy;
Crime
Rape
(1996)...................................................................................................................11
Law;aMaximum
Term vs.
Totalwith
Term
(1997)........................................................................................................36
Probation
as
social
being
and
his
acts
are attributable
not
the
provinces
who,
very
often,
are recipients
of deliberately distorted notes
Perjury
Kidnapping
(1997)
w/Must
Homicide
................................................................................................................................................................48
(2005)........................................................................................................................................62
Bigamy
(1994)................................................................................................................................................................75
Aggravating;
be
alleged
in the
information
(2000).......................................................................................................24
Conspiracy;
Flight
to
Evade
Apprehension
(2003)..............................................................................................................12
Law;
Order
Denying
Probation;
Not Appealable
(2002)
........................................................................................36
Probation
just
to
his
will
but
to
other
forces
of
society.
As
Perjury
Kidnapping;
(2005)
Effects;
................................................................................................................................................................49
Voluntary
Release
(2004)
..................................................................................................................62
Aggravating;
Bigamy
(1996)................................................................................................................................................................75
Nighttime;
BandApprehension
(1994) ................................................................................................................................24
Conspiracy;
Flight
to Evade
(2003)..............................................................................................................12
Law;
Period
Covered
(2004)
.............................................................................................................................36
Probation
such,
punishment
is not
the(2006)
solution,
as he is and
not students. Share to others this
Kidnapping;
Illegal
Detention;
Minority
....................................................................................................................62
from
other
unscrupulous
law
schools
work
Bigamy
(2004)................................................................................................................................................................75
Aggravating;
Recidivism
(2001)........................................................................................................................................24
Conspiracy;
Implied
Conspiracy
(1998).............................................................................................................................13
CRIMES
COMMITTED
BY
PUBLIC
OFFICERS.......................................................................49
Law;
Right;
Barred
by
Appeal
(1995)
.................................................................................................................36
Probation
entirely
to
be
blamed;
law
and
jurisprudence
Kidnapping;
Proposal
to
Kidnap
(1996)
.............................................................................................................................63
Aggravating;
Bigamy;
Prescriptive
Recidivism
Period
vs. Quasi-Recidivism
(1995)...................................................................................................................................76
........................................................................................................25
Conspiracy;
Implied
Conspiracy;
Effects(2003)
(2003)(1998)
.................................................................................................................13
Law;
Right;
Barred
byrichly
Appeal
.................................................................................................................37
should
not
be
in(1997)................................................................................................................25
the
imposition
of in heaven. It is also very good karma.
Kidnapping;
Illegal
Detention
(1997)
.....................................................................................................................63
and
you
will
be
rewarded
by God
Bribery
Simulation
&Liability:
Corruption
ofSerious
Birth
&the
Child
of
Public
Trafficking
Official
(2002)
(2001)
.....................................................................................................................76
.....................................................................................................................49
Aggravating;
Treachery
&yardstick
Unlawful
Entry
Criminal
Destructive
Arson
(2000)
.......................................................................................................................13
Suspension
ofinstead
Sentence;
Adults/Minors
(2006)..................................................................................................................37
sanction,
the
underlying
reasons
would
be
Trespass
to
Dwelling;
Private
Persons
(2006)....................................................................................................................63
Direct
Bribery:
Infidelity
in
the
Custody
of
Documents
(2005)
..............................................................................................49
Criminal
Liability:
Felonious
Act of(2003)............................................................................................................................37
Scaring (1996)..............................................................................................................13
Suspension
of
Sentence;
Minors
ALTERNATIVE
CRIMES
AGAINST
CIRCUMSTANCES
HONOR.........................................................................................................76
...........................................................................................25
inquired
into.
Tresspass
toImpeachable
Dwelling; Rule
of Absorption
(1994)................................................................................................................50
..............................................................................................................64
Jurisdiction;
Public
Officers (2006)
Criminal
Liability:
Felonious
Act; Proximate
Cause ............................................................................................................38
(1996)...................................................................................................13
Suspension
of Sentence;
Youthful
Offenderschool
(1995)
2
We
follow
the
classical
of thought
Unjust
Vexation
vs
Acts
of
Lasciviousness
(1994)..............................................................................................................64
Malversation
(1994)
........................................................................................................................................................50
EXTINCTION
OF CRIMINAL
LIABILITY....................................................................................38
Criminal
Liability:
Impossible
Crimes (2000)
......................................................................................................................14
Alternative
Libel
(2002)....................................................................................................................................................................76
Circumstances;
Intoxication
(2002)...................................................................................................................25
although
some
provisions
of
eminently
positivist
in reader for some Bar Questions
We
would
like
toPROPERTY..................................................................................................64
seek
the (2001)..............................................................................................................14
indulgence
of the
Malversation
(1999)
........................................................................................................................................................50
Criminal
Liability;
Felonious
Act
of Scaring
Libel (2003)....................................................................................................................................................................76
CRIMES
AGAINST
Amnesty
tendencies,
vs.
PD
like
1160
(2006)
punishment
...........................................................................................................................................38
of
impossible
crime,
PERSONS
CRIMINALLY
LIABLE
FOR FELONIES................................................................25
Malversation
(1999)
........................................................................................................................................................50
Criminal
Liability;
Felonious
Act of Scaring
(2005)..............................................................................................................14
Libel (2005)....................................................................................................................................................................77
Amnesty;
Crimes
Covered
(2006).....................................................................................................................................38
Juvenile
circumstances,
areclassified
incorporated
in our
Arson;
Destructive
Arson
(1994).......................................................................................................................................64
Malversation
(2001)
........................................................................................................................................................50
which
are
improperly
under
a topic and for some topics which are
Criminal
Liability;
Felonious
Act;
Immediate
Cause
(2003)
..................................................................................................14
Slander
(1988)
...............................................................................................................................................................77
Anti-Fencing
Law; Fencing
(1996) ....................................................................................................................................25
Extinction;
Criminal
&
Civil
Liabilities;
Effects;
Death
of
accused
pending appeal (2004) ........................................................38
Code.
Arson;
Destructive
Arson
(2000).......................................................................................................................................64
Malversation
(2006)
........................................................................................................................................................51
Criminal
Liability;
Felonious
Act;
Proximate
Cause
(1994)...................................................................................................15
Slander
(1996)
...............................................................................................................................................................77
Anti-Fencing
Law; Fencing
vs. Theft orEffects;
Robbery
(1995)......................................................................................................26
Extinction;
Criminal
& Civil
Liabilities;
Death
of Offended
Party (2000)......................................................................38
Arson;
New
Arson
Law
(2004)..........................................................................................................................................64
Malversation
vs. Estafa
(1999)
.........................................................................................................................................51
improperly
or
ignorantly
phrased,
for the
authors are just Bar Reviewees who
Criminal
Liability;
Felonious
Act;
Proximate
Cause (1997)...................................................................................................15
Slander
by
Deed
vs.
Maltreatment
(1994
).........................................................................................................................77
Anti-Fencing
Law;
Fencing;
Elements
(1995).....................................................................................................................26
Pardon
vs. Amnesty
(2006)..............................................................................................................................................39
BP
22;
Memorandum
Check
(1994)..................................................................................................................................65
Malversation;
Properties;
Custodia
Legis
(2001)
................................................................................................................52
Criminal
Liability;
Felonious
Act;
Proximate
Cause
(1999)...................................................................................................15
Slander
vs.
Criminal
Conversation
(2004)
.........................................................................................................................77
Criminal
Liability;
Accessories
& (2004)
Fence .............................................................................................................................39
(1998)...................................................................................................................26
Pardon;
Effect;
Civil
Interdiction
BP
22; Memorandum
Check
(1995)..................................................................................................................................65
Malversation;
Technical
Malversation
(1996)
.....................................................................................................................52
have
prepared
this
work
while
reviewing
for the Bar Exams under time
Criminal
Liability;
Felonious
Act;
Proximate
Cause
(2001)...................................................................................................15
Criminal
Liability;
Non-Exemption
as
Accessory
(2004)
......................................................................................................26
Pardon;
Effect;
Reinstatement
(1994)
...............................................................................................................................39
Version
1973 2003
MISCELLANEOUS.........................................................................................................................78
BP
22;
Presumption
of
Knowledge
(2002)
.........................................................................................................................65
Public
Officers;
definition
(1999).......................................................................................................................................52
Criminal
Liability;
Felonious
Act;
Proximate
Cause
(2004)...................................................................................................16
Criminal Liability;
Principal
by Direct
Participation;
Co-Principal
by Indispensable
Cooperation (2000).....................................27
Edited
and
Arranged
Prescription
of Receipt
Crimes;
Bigamy
(1995)
..............................................................................................................................40
Estafa
& Liability;
Trust
Law
(1995)
...................................................................................................................................65
Public
Officers;
Infidelity
in Custody
of Prisoners
(1996) .....................................................................................................52
Criminal
Impossible
Crime
(2004)
........................................................................................................................16
constraints
and
within
their
limited
knowledge of the law. We would like to
Corpus
Delicti
(2001)
......................................................................................................................................................78
Criminal
Liability;
Principal
by
Inducement
(2002)
..............................................................................................................27
Prescription
of
Crimes;
Commencement
(2000)
.................................................................................................................40
by:
Estafa
(1999)
.................................................................................................................................................................66
Public Officers;
Infidelity
in Custody
Prisoners
(1997) .....................................................................................................53
Criminal
Liability;
Impossible
Crimesof(1994)
......................................................................................................................16
Corpus
Delicti;
Definition
& Elements
(2000)
.....................................................................................................................78
Criminal
Liability;
Principal;
Inducement
&
Participation
(1994)
Janette
Laggui-Icao
and
Prescription
of 22
Crimes;
Commencement
(2004)
.................................................................................................................40
Estafa
vs.
BP
(1996)...................................................................................................................................................66
Criminal
Liability;
Impossible
Crimes;
Kidnapping
(2000)
....................................................................................................17
seek
the
readers
indulgence
for
a
lot
of
typographical
errors
in
this
work.
Entrapment
vs.
Instigation
(1995)
.....................................................................................................................................78
............................................................................................27
Destructive
Arson
(1994)
CRIMES
AGAINST
PERSONS
....................................................................................................53
Prescription
of
Crimes;
Concubinage
(2001)......................................................................................................................40
Alex Andrew P. Icao
Estafainvs.
22
(2003)...................................................................................................................................................66
Mala
Se BP
vs.
Mala
Prohibita
(1997)
................................................................................................................................17
Entrapment
vs.
Instigation
(2003)
.....................................................................................................................................78
.................................................................................................................................................27
Prescription
of Crimes;
False
Testimony
(1994) .................................................................................................................41
Estafa
Money
Market
Placement
(Silliman
University College of Law)
PENALTIES
.....................................................................................................................................27
Mala
invs.
SeCrime;
vs. Mala
Prohibita
(1999) (1996).......................................................................................................................67
................................................................................................................................17
Complex
Homicide
w/ Assault-Authority
(1995)
.......................................................................................................53
Prescription
of
Crimes;
Simple
Slander
(1997)...................................................................................................................41
Estafa
vs.
Theft
(2005)
....................................................................................................................................................67
SPECIAL
LAWS...............................................................................................................79
Mala
in SeCrime;
vs. PENAL
Mala
Prohibita
(2001) ................................................................................................................................17
Complex
Parricide
w/ unintentional
abortion (1994) .................................................................................................53
ComplexElements
Crime vs.(2005)
Compound
Crime (2004).....................................................................................................................27
Estafa;
..................................................................................................................................................67
Mala
in Se
vs. MalaRape;
Prohibita
(2003)&................................................................................................................................17
Criminal
Liabilities;
Homicide
Theft (1998 No) .......................................................................................................53
CIVIL
LIABILITY
.............................................................................................................................41
Complex
Anti-Carnapping
Crime vs.
Act;Special
Carnapping
Complex
w/ Homicide
Crime vs.(2000).........................................................................................................67
(1998)
Delito Continuado
........................................................................................................79
(2005)by:
............................................................................28
Estafa;
Falsification
of
Commercial
Updated
Mala
Prohibita;
Actual
Injury Required
(2000) ....................................................................................................................18
Criminal
Liability;
Tumultous
Affray Document
(1997).........................................................................................................................54
Anti-Graft
&
Corrupt
Practices
RA
3019
(1997)
................................................................................................................79
Complex
Crime;
Aberratio
ictus
vs.
error
in
personae
(1994)...............................................................................................28
Civil
liability;
of
(2000)...............................................................................................................................41
Estafa;
Falsification
of Acquittal
Commercial
Documents
(1997) .......................................................................................................68
Malum
in
Se Effect
vs. Malum
Prohibitum
(2005)
........................................................................................................................18
Criminal
Liability;
Tumultuous
Affray
(2003).......................................................................................................................54
Complex
Anti-Hazing
Crime;
law
Aberratio
RA
8049Ictus,
(2002)....................................................................................................................................80
Error In Personae & Praeter Intentionem (1999) .................................................................28
Civil
liability;
Effect
of
Acquittal
(2000)...............................................................................................................................41
Estafa;
Swindling
(1998)..................................................................................................................................................68
Motive
vs. Intent
(1996) ...................................................................................................................................................18
Death under
Exceptional
Circumstances (2001).................................................................................................................54
CHILD
ABUSE;
RA
7610 Employers
(2004)
......................................................................................................................................80
Complex
Crime;
Aberratio
Ictus; Attempted
Murder with Homicide (2000) ............................................................................28
Civil
Subsidiary;
(1998).......................................................................................................................42
Robbery
..............................................................................................................................................................68
Motive
vs.(1996)
Intent
(1999) ...................................................................................................................................................18
DeathLiability;
under
Exceptional
Circumstances
(2005).................................................................................................................54
ReTake
BarOps 2007
Complex
Child
Abuse;
Crime;
RA
Doctrine
7610
(2006)...........................................................................................................................................80
of
Aberratio
Ictus;
Not Applicable
(1996) ......................................................................................29
Civil Liability;
When
Mandatory;
Criminal
Liability
(2005).....................................................................................................42
Robbery
RPC
(2000)
.............................................................................................................................................68
Motive
vs.under
Intent
(2004)
...................................................................................................................................................19
Homicide;
Fraustrated;
Physical
Injuries (1994)
.................................................................................................................55
Dangerous
Drugby;
Act:
Plea-Bargaining
(2005)
....................................................................................................................80
Complex
Crimes;
Coup
detat.............................................................................................................................................68
& rebellion
&(2006)
sedition
(2003).................................................................................................29
Damages;
Homicide;
Temperate
Damages
.............................................................................................................42
Updated
Robbery
under
RPC
(2001)
Motive;
Proof
thereof;
Not Essential;
Conviction
(2006)
......................................................................................................19
Infanticide
(2006)............................................................................................................................................................55
Complex
Dangerous
Crimes;
Drugs
Determination
Act
(1998)............................................................................................................................................80
of
the
Crime
(1999)..........................................................................................................29
Robbery
vs.
Highway
Robbery
(2000)...............................................................................................................................69
Murder
&
Sec.
25,
R.A.
No.
9165
(2005)
...........................................................................................................................55
CRIMES
AGAINST
NATIONAL
SECURITY
AND THE
LAW OF NATIONS.......................42
Dangerous
Drugs
Act
(2006)............................................................................................................................................81
Complex w/
Crimes;
Nature
& Penalty
(1999)
...........................................................................................................30
JUSTIFYING
& EXEMPTING
CIRCUMSTANCES
...................................................................19
Robbery
force
upon
things
(2000)Involved
................................................................................................................................69
MurderFrom
(1999)
................................................................................................................................................................55
the
ANSWERS
TO
BAR
EXAMINATION
QUESTIONS
IN
Dangerous
Act -(6425);
Marked
MoneyComplex
(2000)..........................................................................................................81
Complex w/ Drugs
Crimes;
Ordinary
Crime
vs.
Special
Complex
Crime
(2003)
Robbery
Homicide
R.A.
No.
7659
(2005)
....................................................................................................................69
Piracy
inDefinition
theCircumstances;
High Seas
& Qualified
Piracy
(2006)
.............................................................................................................42
Murder;
& Elements
(1999)
...............................................................................................................................56
Exempting
Coverage
(2000).....................................................................................................................19
Dangerous
Drugs
Act
(6425);
Plea
Bargaining
(1998)
........................................................................................................81
.....................................................................30
Continuing
Offense
vs.
Delito
Continuado
(1994)
CRIMINAL
LAW
by the UP LAW COMPLEX and PHILIPPINE
Robbery
w/Circumstances;
Homicide
(1996)............................................................................................................................................70
Murder;
Evident
Premeditation
(1996)...............................................................................................................................56
Exempting
Minority
(1998)........................................................................................................................19
...............................................................................................................30
Dangerous
Drugs
Act; (1998)............................................................................................................................................70
Consummation
of Sale (1996).........................................................................................................82
Death
Penalty
(2004)
CRIMES
AGAINST
THE
FUNDAMENTAL
LAW
OF
THE SCHOOLS
STATE........................................43
Robbery
w/
Homicide
Murder;
Homicide;
Infanticide;
(1999)..................................................................................................................56
ASSOCIATION
OF
LAW
Exempting;
Minority;
11Criminal
yrs Old;Parricide
Absence
of Discernment
(2000)
........................................................................................19
Dangerous
Drugs
Act;
Intent
to
Posses
(2002)......................................................................................................82
......................................................................................................................................................30
Death
Penalty;
Robbery
w/ Homicide
(2003)............................................................................................................................................71
Murder;
Reckles
Imprudence
(2001).................................................................................................................................56
Justifying
Exempting
Circumstances
(2004)(2002)
.................................................................................................................20
Violation
ofvs.
Domicile
vs.Plea-Bargaining
Trespass
to Dwelling
.........................................................................................................43
Qualified
Dangerous
Rape;
Drugs
Act;
Requisites
(2004)..............................................................................................................31
(2004)...................................................................................................................82
Habitual
Robbery
w/
Homicide;
Special
Complex
Crime
(1995) ........................................................................................................71
Murder; Treachery
(1995)................................................................................................................................................57
Justifying;
Defense
of
Honor;
Requisites
(2002).................................................................................................................20
Highway
Robbery
(2001)
.................................................................................................................................................82
Delinquency
&
Recidivism
(2001)
........................................................................................................................31
Robbery
w/Defense
Intimidation
vs. Theft
(2002)..............................................................................................................................57
...........................................................................................................................71
CRIMES
AGAINST
PUBLIC
ORDER
.........................................................................................43
Murder;
Use
of
Illegal
(2004)
Justifying;
of Firearms
Stranger
(2002)
..............................................................................................................................20
Indeterminate
Illegal
Fishing
-Sentence
PD(1999)
704
(1996)
Law
(1994)
.........................................................................................................................................82
.................................................................................................................................31
Robbery
w/
Rape
.................................................................................................................................................71
Parricide
(1999)..............................................................................................................................................................57
Justifying;
Fulfillment
of Duty;
Requisites
(2000)
Art
134;
Rebellion;
Politically
Committed
by NPA Members (1998) ......................................................................43
Illegal
Possession
of
Firearms
(2004)
RA 8294
(1998) ................................................................................................................20
...............................................................................................................83
Indeterminate
Sentence
Law Motivated;
(1999)
.................................................................................................................................32
Robbery
w/(1999)..............................................................................................................................................................57
Rape;
Conspiracy
...............................................................................................................................71
Parricide
Justifying;
SD;
Defense
of
Honor;
Requisites
(1998)
..........................................................................................................21
Art
134-A:
Coup
d of
etat
&Law
Rape;
(2005)
.............................................................................................................44
Indeterminate
Illegal
Possession
Sentence
Firearms
(1999)
&Frustrated
Ammunitions
.................................................................................................................................32
(2000)
........................................................................................................83
Robbery;
Homicide;
Arson
(1995).....................................................................................................................................72
Parricide;
Multiple
Parricide;
Homicide
(1997)....................................................................................................................57
Justifying;
Defense
of
Honor;
Elements
(2000)
..................................................................................................................21
Art
134-A;
Coup
detat
(2002)
..........................................................................................................................................44
PD
46
&
RA
6713
&
Indirect
Bribery
(2006)
.......................................................................................................................83
Indeterminate
Sentence
Law (2002) .................................................................................................................................32
Robbery;
Rape
(1997).....................................................................................................................................................72
Rape
(1995)...................................................................................................................................................................58
Justifying;
SD;
Defense
ofLaw
Property;
(1996) .......................................................................................................21
Art
134-A;
Coup
detat; New
Firearms
Law (1998)..............................................................................................................44
Indeterminate
PD
46(1998)
(1994)..................................................................................................................................................................83
Sentence
(2005) Requisites
.................................................................................................................................32
Theft
Rape;
Absence
of Forceof&Property;
Intimidation
(1995)...................................................................................................................58
Justifying;
SD;...................................................................................................................................................................72
Defense
Requisites
(2003)
.......................................................................................................21
Art
136;
Conspiracy
to
Commit
Rebellion
(1994)................................................................................................................44
PD
46
(1997)..................................................................................................................................................................84
Indeterminate
Sentence
Law;
Exceptions
(1999)
...............................................................................................................32
Theft
...................................................................................................................................................................73
Rape;(2001)
Anti-Rape
Law of 1997 (2002) ................................................................................................................................58
Indeterminate Sentence Law; Exceptions (2003) ...............................................................................................................33

Table
F OofRContents
WARD

CRIMINAL LAW
ARRANGED BY TOPIC

(1994 2006)

The Authors
July 26, 2005

Dondee

July 3, 2007

July 3, 2007

10
Yes, the Motion to Quashof
the86
Information

General Principles; Territoriality (1994)

Abe, married to Liza, contracted another
marriage with Connie in Singapore.
Thereafter, Abe and Connie returned to the
Philippines and lived as husband and wife in
the hometown of Abe in Calamba, Laguna. 1)
SUGGESTED
ANSWER:
Can Abe be
prosecuted for bigamy?
1) No, Abe may not be prosecuted for bigamy
since the bigamous marriage was contracted
or solemnized in Singapore, hence such
violation is not one of those where the
Revised Penal Code, under Art. 2 thereof,
may be applied extraterritorially. The general
rule on territoriality of criminal law governs
General
Principles; Territoriality; Jurisdiction over
the situation.
Vessel (2000)
After drinking one (1) case of San Miguel
beer and taking two plates of "pulutan",
Binoy, a Filipino seaman, stabbed to death
Sio My, a Singaporean seaman, aboard M/V
"Princess of the Pacific", an overseas vessel
which was sailing in the South China Sea.
The vessel, although Panamanian registered,
is owned by Lucio Sy, a rich Filipino
businessman. When M/V "Princess of the
Pacific" reached a Philippine Port at Cebu
City, the Captain of the vessel turned over
the assailant Binoy to the Philippine
authorities. An information for homicide was
filed
against Binoy in the Regional Trial
SUGGESTED ANSWER:
Court of Cebu City. He moved to quash the
information for lack of jurisdiction. If you
were the Judge, will you grant the motion?
Why? (5%)

should be granted. The Philippine court has

no jurisdiction over the crime committed
since it was committed on the high seas or
outside of Philippine territory and on board
a vessel not registered or licensed in the
Philippines (US vs. Fowler, 1 Phil 614)
It is the registration of the vessel in
accordance with the laws of the Philippines,
not the citizenship of her owner, which
makes it a Philippine ship. The vessel being
registered in Panama, the laws of Panama
govern while it is in the high seas.
Use of Aliases; When Allowed (2006)
When can a Filipino citizen residing in this
country use an alias legally? Give 3
SUGGESTED
instances. ANSWER:
(2.5%)
1
Pseudonym for literary purposes.
2
Use of aliases in cinema and television
entertainment.
3
In athletics and sports activities (RA.
6085).
4
Under the witness protection program
a person may adopt a different identity (RA.
6981).
5
When he has been baptized or
customarily known by such alias.
6
When authorized by a competent court
(CA. No. 142, as amended by RA. 6085).
7
When properly indicated in a
Certificate of Candidacy (Omnibus Election
Code).

Criminal Law Bar Examination Q & A (1994-2006)

11 of 86
12
13

SUGGESTED
ANSWER:
suchthe
For
b)
exculpatory.
tetanus
Suppose,
physical
Conspiracy
infection
after
injuries
the
the
tovictim
of
rob
robbery,
F,and
A,
would
kill
Bthe
and
isnot
four
not
C.
A
Arturo,
shall being
incur
one
fullofcriminal
the two who
liability
devised
for the
Yes.
B.
C andJoel,
D with
are
liable
for
destructive
should
took
per
have
seturns
died
punishable.
be with
held
in raping
liable
it.
therefore.
the three Even
daughters
if it was
of
crime
plan A,
toof
murder
robbery
thereby
homicide,
becomes
but B
a coshall
arson
because
of the
destruction
of the
only A inside
Danilo
who actually
the latter's
stabbed
house,and
but caused
before
not
principal
incur
by direct
criminal
conspiracy.
liability What
because
is room
he
of
X with
the
an explosive,
the will
hand
Criminal
Liability:
Impossible
(2000)
The
desistance
need
not
by
physical
they
left,
injuries
they
killed
to Crimes
the
G, be
whole
B actuated
andfamily
C are
to
desisted.
needed
only
B'sisuse
spontaneous
anof
overt
act desistance,
and both
made
grenade.
for an
impossible
crime
1
What
is an impossible
crime?
remorse
or good
motive.
It is
enough
nonetheless
prevent
identification,
liable
for conspiring
what
crime
with
did
Athat
and
the
before
incur criminal
allLiability
acts liability.
of execution
Arturo's
are performed,
liability
as is
ais
SUGGESTED
ANSWER:
to
be
imposed
only
if
the
act
committed
(2%)
the
discontinuance
comes
from
the
person
for contributing
four
commit? Explain.
positive acts which led to
exculpatory.
conspirator arose
Conspiracy
from his
to participation
rob and kill isinnot
(a)
Domingo,
andcrime
Manolo
would
constitute
any other
crime
2
Is begun
an
impossible
really
a intent.
who
has
thea commission
of committed
the
crime
the Jose,
realization
of
common
criminal
per
jointly
se not
punishable.
devising
the criminal
plan
withunder
Juan,
Robbery,
while
Fernando
committed
The
desistance
need
not
be
actuated
the
Revised
Penal
Code.
Although
crime?
(2%)
but
before
all
acts
of
execution
are
B positioned himself as a lookout, while C
to kill Jose. And it was pursuant to the
thatfactsby
complex
crime
of Robbery
Rape,
remorse
orthat
good
motive.
is enough
involved
are
parallel
to
theIt
case
of Intod that
vs.
performed.
Aescape.
person
who
has with
began
the
blocked F's
D,
however,
although
conspiracy
Juan
killed
Joel.
The
Conspiracy
can
be
inferred
from
the
manner
the
discontinuance
comes
from
the person
Court
of Appeals
SCRA
52),
where
it
commission
of a crime
but be
desisted,
is
part of the conspiracy,
cannot
held liable
conspiracy
here is(215
actual,
not
by inference
the
offenders
committed
the robbery
but
the
who
has
theliability
commission
the to
crime
was
that the
of pursuant
theofoffender
absolved
from
criminal
liability
as a A
reward
because
he
left
the scene
before
could
only.ruled
The begun
overt
act
was
done
that
rape
was
committed
by
Fernando
at
a
place
but
before
all acts
of is no
execution
are
was
for
an impossible
crime,
hand
to
one, who
foot onthe
the verge
of
enter
the having
house set
where
stabbing
conspiracy
whereof
Arturo
co-conspirator.
Conspiracy;
Implied
Conspiracy
(1998)
"distant
from
the
house"
where
the
robbery
performed.
person
who
has
began
the
grenade
wasA
used
in said
case,
which
crime,
heeds
the
call
his
conscience
occurred.
Although
he of
was
earlier
part
ofand
the
There
being
a
conspiracy,
the
act
of
one
is
Criminal
Liability:of
Felonious
Act of Scaring
(1996)
What
is
the
doctrine
of
implied
conspiracy?
was
committed,
not
in
the
presence
of
the
commission
a
crime
but
desisted,
is
constitutes
a
more
serious
crime
though
returns
to the
of righteousness.
conspiracy,
hepath
did not
personally participate
the act of all.
therefore,
should
be on
Alexander,
an Arturo,
escaped
convict,
ran
amuck
SUGGESTED
ANSWER:
[3%]
other
conspirators.
Hence,
Fernando
alone
absolved
from
criminal
liability
as
a
reward
different
from
what
was
intended,
in
execution
of the conspiracy
crime by acts
which
liable as
a co-conspirator
but the penalty
on
Thethe
doctrine
of for
implied
holds
two
board
a who
Superlines
Bus
bound
Manila
In
the
same
breath,
E, the
driver,
cannot
be
should
answer
the
rape,
rendering
him
to
one,
having
setaccomplice
foot onfor
the
verge of
directly
tended
toward
the
same
end
(People
him
may
be
that
of
an
only
or more
persons
participating
in the
from
BicolFlight
andthe
ten
(10)conscience
persons.
Conspiracy;
tokilled
Evade
Apprehension
(2003)
also
held
liable
for the
infliction
of physical
liable
for the
complex
crime.
(People
crime,
call
of his
vs.
Tomoro,
etspecial
al
44
Phil.
38),
(Peopleheeds
vs.
Nierra,
96 SCRA
1; People
us.and
b)
The
crime
would
be
Robbery
with
ALTERNATIVE
ANSWER:
commission
of
a
crime
collectively
Terrified
by
the
incident,
Carol
and
A
and
B,
both
store
janitors,
planned
to kill
injuries
upon
F
because
there
is
no
showing
vs. Canturia et. al, G.R. 108490, 22 June
returns
to
the
path
of
righteousness.
Medrano,
114liable
SCRA
335) because
he
was
Arturo
is
not
because
he
was
not
able
Homicide
...
(implied:
there
is
still
responsible
and
liable
as
co-conspirators
Benjamin
who
are
passengers
of
the
bus,
their
employer
C
at
midnight
and
take
the
that
he
had
knowledge
of
the
plan
to
kill
F.
1995}
not
able
to
actually
participate
in
the
to
participate
in
the
killing
of
Joel.
conspiracy)
although absent any agreement to that
jumped
out ofinthe
window
whileAlying
money kept
the
cash and
register.
and B
shooting of Joel,
having
been
apprehended
Conspiracy;
Flight to Evade
Apprehension
Conspiracy
itself
not punishable
unless
Conspiracy;
Avoidance
of Greater
Evil (2004)
effect,
when
they
act
in(2003)concert,
unconscious
after
the
pavement
of
together drew
theishitting
sketch
of the
store,
where
before
reaching
the
place
where
the
A
B, both
planned
to
kill
expressly
provided
by
law
and
this
is crime
not
BBand
and
CC, store
both janitors,
with
knives,
demonstrating
unity
ofarmed
criminal
intent
and
a
the
ran over
and crushed
to
theyroad,
knewwere
C would
be sleeping,
and
planned
was committed.
their
employer
C or
atvictim's
midnight
andST,
take
the
true
inby
the
case
oftheir
Murder.
A co-conspirator
attacked
FT. The
son,
upon
common
purpose
objective.
The
existence
death
a fast
Desert
Fox bus before
the sequence
ofmoving
attack.
Shortly
Can
Alexander
be
held
liable
for
thecarry
death
money
kept
in shall
the drew
cash
register.
and
B
must
perform
an
overt
act
pursuant
to
theout
seeing
the attack,
his gun
but
was
of
a conspiracy
be inferred
or A
deduced
tailing
the
Superlines
Bus.
midnight, A and B were ready to
Conspiracy;
Common
Felonious
Purpose
(1994)
of
Carol
and
Benjamin
although
he
was
together
drew
theshooting
sketch
ofthe
theattackers
store,
where
conspiracy.
prevented
from
by
from
their
criminal
participation
in pursuing
the
plan. When A was about to lift C's
Conspiracy;
Implied
Conspiracy;
Effects
At about 9:30
in the evening,
while
Dino and
completely
unaware
thathis
thedagger,
two
jumped
they
knew
C would
be
sleeping,
and shall
planned
AA, who
grappled
with
him
for
possession
of
the
crime
and
thus
the
act
of (2003)
one
be
mosquito
net
to thrust
a police
SUGGESTED
ANSWER:
State
the
concept
of
"implied
conspiracy"
Raffy
were
walking
along
Padre
Faura
out
of
the
bus?
Explain.
the
sequence
of
their
attack.
Shortly
before
the gun. the
FT act
diedoffrom
deemed
all. knife wounds. AA, BB
car
with
sirens
blaring
passed
by.
Scared,
B
Yes,
Alexander
be held
liablewith
for the
and
itsA legal
effects.
4%
Street,
Manila. can
Johnny
hit them
a rock
midnight,
and
B were
ready
to carry out
and give
CC were
charged
with
murder.
ran
out
of
the
store
and
fled,
while
A
went
death
of Dino
Carolatand
because
of
SUGGESTED
ANSWER:
injuring
theBenjamin
back. Raffy
approached
In hisplan.
defense,
AA A
invoked
the justifying
the
When
was about
to lift C's
on
to stabact
C of
to running
death, put
the
money
in the
An
"IMPLIED
CONSPIRACY"
is
one
which
is
felonious
was
the
proximate
Dino, but suddenly, Bobby, Steve, Danny and
circumstance
greateraevil
or
mosquito
net of
to avoidance
thrust hisofdagger,
police
bag,
and
ran
outside
to
look
for
B.
The
latter
only
inferred
or deduced
from the manner
cause
the victim's
death.
is that
Nonoyof
surrounded
the
duo. The
Thenrule
Bobby
injury,
contending
that by
preventing
ST
car
with
sirens blaring
passed
by. Scared,
B
FELONIES
was
nowhere
in
sight.
Unknown
to
him,
B
the
inand
theCC,
commission
of crime
when
a person,
by a felonious
act, generates
SUGGESTED
ANSWER:
stabbed
Dino.
Steve,
Danny, Nonoy
and
fromparticipants
shooting
he merely
ran
out
of theBB
store
and fled,
while avoided
A went
had
already
left
the
place.
What
was
the
carried
out Will
its AA's
execution.
Where the
There
in
the mind
was
an
of
another
a sense
conspiracy
imminent
between
Johnny
kept
onexpressed
hitting Dino
andofRaffy
with
a greater
defense
prosper?
on
to stabevil.
C to death,
put
the money
in the
Conspiracy
(1997)
participation
and
corresponding
criminal
offenders
acted
in
concert
in
the
commission
A
danger,
and
B
prompting
to
kill
C
and
the
take
latter
the
to
latter's
escape
money.
from
SUGGESTED
ANSWER:
rocks.
As
a
result.
Dino
died,
Bobby,
Steve,
Reason
(5%) to look for B. The latter
bag,
andbriefly.
ran outside
A
had a of
grudge
against
F. Deciding
to kill
F,
liability
each,
if any?
Reasons.
8%
No,the
AA's
defense
will not
prosper
because
of
crime,
meaning
that
their acts
are
The
or
avoid
planned
such
killing
danger
and
and
taking
in
the
of
process,
the
money
Danny,
Nonoy
and
Johnny
were
charged
with
was
nowhere
in
sight.
Unknown
to
him,
B
A
and
his
friends,
B,
C,
and
D,
armed
(US
vs.
Valdez,
41
Phil,
1497;
People
vs.
Apra,
27
SUGGESTED there
ANSWER:
SUGGESTED
ANSWER:
obviously
a conspiracy in
among
BB,
coordinated
orwas
synchronized
a way
appears
sustains
injuries
towith
beknives
orconspiracy
dies,
intimately
theproceeded
person
related
as
homicide.
Is
there
in this
case?
had
already
left
the
place.
What
was
the
themselves
and
to
the
SCRA
1037.)
There
wasAA,
an expressed
conspiracy
Yes, there iscrimes,
conspiracy
among
the offenders,
CC and
such
the principle
that
indicative
that
they that
are pursuing
a between
common
component
committing
the
felonious
hence
act
a
special
is
responsible
complex
participation
and
corresponding
criminal
house
of
F, taking
a taxicab
for the
purpose.
Criminal
Liability:
Felonious
Act;
Proximate
Cause
(1996)
A
and there
B to
kill
andthey
takeshall
the
latter's
as
manifested
byor
their
concerted
actions
when
is aC conspiracy,
the
ofmoney.
one to
is
criminal
objective,
beact
deemed
crime
for
such
of
injuries
robbery
death.
with
homicide.
The
liability
of each,
if any?
Reasons.
8%
About
20
meters
from
their
destination,
the
Vicente
hacked
Anacleto
with
a
bolo
but
the
The
planned
killing
and
taking
of
the
money
against
the
victims,
demonstrating
a
the acting
act of all,
govern.and
Thetheir
act ofcriminal
ST, the
be
in shall
conspiracy
conspiracy
being
expressed,
not
just
implied,
group
alighted
afteritinstructing
E, the
latter was
able and
to parry
with
his hand,
The
legal
effects
of an
"implied
conspiracy"
appears
to beappears
be
intimately
as
common
felonious
purpose
of assaulting
the
victim's
son,
to not
be individual.
arelated
legitimate
liability
shall
collective,
A
and B
are
bound
as co-conspirators
after
driver,
to
wait,
traveled
on
foot
to
the
house
causing
upon
him
a
two-inch
wound
on
his
are:
a)
Not
all
those
who
are
present
at
the
component
crimes,
hence
a
special
complex
victims.
The
existence
of
the
conspiracy
can
defense of relatives; hence, justified as a
they
have
planned
andat aagreed
onas the
of
F.
Bpalm.
positioned
himself
distance
will
considered
conspirators;
b) The
right
Vicente
wasfrom
not able
to hack
scene
ofof
the
crime
robbery
homicide.
be
inferred
ortheir
deduced
the
manner
the
defense
ofbehis
father with
against
the unlawful
sequence
of
attack
even
before
they
the
group's
lookout.
C andthree
D stood
guard
Only
those
who
participated
by
criminal
Anacleto
further
because
policemen
conspiracy
being
expressed,
not
just
implied,
offenders
acted
in
commonly
attacking
Dino
aggression by BB and CC. ST's act to defend
committed
the Before
crime. A could
Therefore,
the
thewith
house.
enter the
commission
of the
will be considered
asoutside
acts
in B
the
arrived
and
threatened
to shoot
Vicente
if
A
are life,
bound
ascrime
co-conspirators
after
and
Raffy
rocks,
thereby
demonstrating
hisand
father's
cannot
be regarded as
an
principle
in
law
that
when
there
is
a
house,
D
thehis
scene
the
conspirators;
and
c) Mere
acquiescence
co AA
heunity
did not
drop
bolo.without
Vicente
was
What
didplanned
was
a agreed
lawful
they
have
and
on to
the
a
ofleft
criminal
design
to is
inflict
harm
on
evil inasmuch
as itto
is,stop
in
the
eyes ofdefense,
the
law,
conspiracy,
the
act
of
one
the
act
of
all,
Conspiracy;
Complex
with
Rape
(1996)
knowledge
of
theCrime
others.
A
stealthily
entered
or
approval
oftheir
the
accordingly
charged
by
the
police
the
That
B ran
out
of
the
store
andatfled
upon
not
greater
tocommission
allow
and before
CC achieve
sequence
ofevil,
attackBB
even
they
their
victims.
a lawful
act.
already
governs
them. F.
In
fact,
A
and
B were
Jose,
Domingo,
Manolo,
and
Fernando,
of
the
crime,
without
any
act
of
criminal
the
house
and
stabbed
F
ran
to
the
street
prosecutor's
office
for
attempted
homicide.
hearing
the
sirens
of
the
police
car,
is
not
their
criminal
objective
of
stabbing
FT.
committed the crime. Therefore, the
already
in bolos,
the by
store
to one
carry
out
their
participation,
shall
not
render
one
criminally
armed
with
at
about
o'clock
in
the
but
was
blocked
C,
forcing
him
to
flee
Twenty-five
days
later,
while
the
preliminary
spontaneous
desistance
but
flight
to
evade
principle in law that when there is a
criminal
plan.
co-conspirator.
liable as
morning,
robbed
ainhouse
a desolate
place
towards
another
after
Conspiracy;
Co-Conspirator
investigation
was
progress,
Anacleto
was
apprehension.
It direction.
would
beatImmediately
different
if B
then
conspiracy,
the act of(1998)
one is the act of all,
That
B ran
out of
the store
andtofled
upon
where
Danilo,
his
and
three
A
had to
stabbed
F,
alsobecause
stabbed
who
wasthe
Juan and
Arturo
devised
a plan
rushed
to stop
the hospital
ofGdaughters
symptoms
tried
A Awife,
from
continuing
with
already
governs
them.
In fact,
A and murder
B were
Criminal
Destructive
(2000)
hearing
the
sirens
of Arson
thenear
police
car, house,
is not
were
living.
While
were
innot.
the
visiting
F. Thereafter,
exiled
from
the
Joel. InLiability:
a
alley
Joel's
of tetanus
infection
onAfour
the
two-inch
wound
commission
of thethe
crime;
he
did
So the
already
in narrow
the store
to carry
out their
SUGGESTED ANSWER:
A,
B,will
C and
D,
all armed
with
armalites,
spontaneous
desistance
but
flight
to evade
process
of
ransacking
Danilo's
house,
house
and,
together
with
B
and
C,
returned
Juan
hide
behind
the
big
lamppost
and
inflicted
by
Vicente.
Anacleto
died
the
act
of
A
in
pursuing
the
commission
of for
the
criminal plan.
SUGGESTED
ANSWER:
Yes, Vicente may be charged of homicide
proceeded
to the
house
of passes
X.
Y, a neighbor
of
apprehension.
Itthe
would
be
different
if B then
Fernando,
noticing
that
one
offor
Danilo's
to
the waiting
taxicab
and
motored
away.
G
shoot Joel when
latter
through
on
following
day.
Can
Vicente
be
eventually
crime
which
both
he
and
B
designed,
A
alone
should
be
held
liable
the
death
the death of Anacleto, unless the tetanus
X,
to be continuing
passing
by,from
pointed
tried
tohappened
stop
A Arturo
from
with
the
daughters
washomicide
trying
get
away,
ran
after
died.
F survived.
Who
are
liable
for
the
his who
way
to
work.
will come
the
charged
with
for
the
death
ofdays
planned,
and
commenced
to
commit,
would
of
G. The
object
of
theto
conspiracy
of
A.
B,
C,
infection
which
developed
twenty
five
to
theend
four
culprits
room
X
commission
the alley
crime;the
he simultaneously
did
not.that
So the
her
and
finally
caught
up
with
her
in
a
death
of
G
and
the
physical
injuries
of
F?D
other
ofof the
and
Anacleto?
Explain.
also
be
the
act
of
B
because
of
their
and
D
was
to
kill
F
only.
Since
B,
C,
and
later, was brought
about by an efficient
ALTERNATIVE
ANSWER:distant
occupied.
four
culprits
peppered
act
of Joel
A inThe
pursuing
the On
commission
of the
the
thicket
from
the
house.
shoot
from
behind.
the
appointed
expressed
conspiracy.
Both
are
for
the
did
not somewhat
know
offull
the criminal
stabbing
of
Gliable
by
A,
they
supervening
cause.
Vicente's
felonious
act
of
A
shall
incur
liability
for
the
room
with
bullets.
Unsatisfied,
A
even
threw
crime
which
both
he
and
B
designed,
Fernando,
before
bringing
back
the
daughter
day, Arturo was apprehended by the
composite
crime
of
robbery
with
homicide.
cannot
be
held
criminally
therefor.
E,
the
causing
a
two-inch
wound
on
Anacleto's
right
crime
of robbery
with
homicide,
but B shall
a
hand grenade
that
totally
destroyed
X's
planned,
and
commenced
tothe
commit,
would
to
the house,
raped
her
first.
Thereafter,
authorities
before
reaching
alley. When
driver,
cannot
be
held
liable
for
the the
palm
may
still
be also
regarded
as the
proximate
Fernando
commit?
Explain.
not
incur
criminal
liability
because
room.
However,
unknown
to
the
four
also
be
the
act
of
B
because
of
their
four
carted
awaythe
theformer
belongings
of Danilo he
Juan
shot
Joel
as
planned,
he
was
unaware
death
of
G
since
was
completely
ALTERNATIVE
ANSWER:
cause
of the
death because
without
SUGGESTED
desisted.
B'slatter's
spontaneous
desistance,
culprits,
XANSWER:
was arrested
not inside
theliable
room
expressed
conspiracy.
Both
are
forand
the
and
his family.
a)killing.
What crime
did Jose, made
that Arturo
was
earlier.
Discuss
the
unaware
of
said
such
wound,
no
tetanus
infection
could
before
all
acts
of
execution
are
performed,
is
nobody
was
hitof
or injured
the
composite
crime
of Arturo,
robbery
homicide.
Domingo, Manolo and
criminal liability
ifwith
any.during
[5%]
develop
from
the
victim's
right
palm,
and
Incident. Are A, B, C and D liable for any
without
crime? Explain. (3%)

SUGGESTED ANSWER:

1
An impossible crime is an act which would
be an offense against person or property, were if
not for the inherent impossibility of its
accomplishment or on account of the
employment of inadequate or ineffectual means
(Art. 4, par. 2, RPC)
2
No, an impossible crime is not really a
crime. It is only so-called because the act gives
rise to criminal liability. But actually, no felony is
committed. The accused is to be punished for his
criminal tendency or propensity although no
crime was committed.

Criminal Law Bar Examination Q & A (1994-2006)

Under
Although
was
powdered
Article
A diedmilk,
4,of Revised
heart
not poison.
attack,
PenalIn
the
Code,
short,
said any
the
person
attack
act
done
was
committing
with
generated
criminal
by
a intent
B's
felony
felonious
byshall
Jerry
act
incur
and
of
criminal
hitting her
Buddy,
would
liability
with his
have
although
fists.
constituted
Such
thefelonious
wrongful
a crime
act
act
done
was thebe
against
persons
immediate
different
were
cause
from
it not
of the
for
thatheart
thewhich
inherent
attack,
he
intended.
having materially
inefficacy
In
of this
the case,
means
contributed
the
employed.
death
to and
of the
Criminal
three
passengers
hastenedisA'sincurred
liability
was
death.the
Even
bydirect,
though
them although
natural
B may have
and
no
logical
acted without
crime
resulted,
consequence
intent
because
toofkill
their
Luis'
hisact
wife,
felonious
of lack
trying
ofact
to
2.
No,intent
the
would
notwhen
be the
as
which
such
poison
created
Jun answer
isiscriminal.
of
annoimmediate
moment
sense
the
ofsame
victim
danger
above.
Jerry
and
Buddy
would
be
liable
in
dies.
theHowever,
minds ofBsaid
maypassengers
be given the
who
mitigating
tried to
instead
less
serious
physical
injuries
for
avoid
circumstance
or for
escape
of from
having
it by
acted
jumping
without
out of the
Criminal
Liability;
Felonious
Act; Proximate
Cause (2004)
causing
thecommit
hospitalization
and
train.
intention
(People
to
vs.
Arpa,
so 27
grave
SCRA
a wrong
1O37; medical
as
U.S.
that
vs.
On
his Liability;
way for
home
from
office,
rode
in of
a
Criminal
Felonious
Act;3,
Proximate
Cause
(1994)
attendance
10
to
Jun.ZZ
Their
act
Valdez,
committed
41 Phil.
(Art.
497}
13,days
par.
Revised
Penal
jeepney.
Subsequently,
XX
boarded
the
same
Bhey
eloped
with
Scott.
Whereupon,
Bhey's
mixing
with
the
food
eaten
by
Jun
the
matter
Code).
jeepney.
Uponand
reaching
a Rustom,
secluded
spottoin
father, Robin,
brother,
went
which
required
such
medical
attendance,
QC,
XXhouse.
pulled
outcriminal
areaching
grenade
from
his
bag
Scott's
Upon
the
house,
committed
with
intent,
renders
and
announced
a resulting
hold-up.
He told
Rustom
inquired
from
Scott about
his ZZ to
them
liable
for the
injury.
Criminal
Crimes;
Kidnapping
(2000)
surrender
hisImpossible
watch, while
wallet
and shouted
cellphone.
sister'sLiability;
whereabouts,
Robin
Carla,
4
years
old,
was
kidnapped
by
Fearing
for
his
life,
ZZ
jumped
out
the
and threatened to kill Scott. The latter of
then
Enrique,
the
tricycle
driver
paid
by
her
vehicle.
But
as
he
fell,
his
head
hit
the
went downstairs but Rustom held his
Criminal
Liability;
Felonious
of Scaring
(2001)
SUGGESTED
ANSWER:
parents
bring
and
fetch
herdeath
to
pavement,
causing
hisAct
instant
. Isfrom
XX
(Scott's) to
waist.
Meanwhile
Olive,
theand
elder
Yes,
XX
is
liable
for
ZZ's
death
because
his
Maryjane
had
two
suitors
Felipe
and(5%)
Cesar.
school.
Enrique
wrote
ransom
note
liable
ZZ's death?
Explain
briefly.
sister for
of Scott,
carrying
her atwo-month
old
acts
out her
a preference
grenadeCarla's
and
She
didofnotpulling
openly
show
but
demanding
P500,000.00
child, approached
Rustom andfrom
Scott to
announcing
a
hold-up,
coupled
with
a
on
two
occasions,
accepted
Cesar's
parents
in exchange
for Carla's
freedom.
pacify them.
Olive attempted
to remove
demand
for
the
watch,
wallet
and
cellphone
invitation
to
concerts
by
Regine
and
Pops.
Enrique
the Scott's
ransomwaist.
note But
by mail.
Rustom's sent
hand from
of
ZZ was
is felonious,
and
suchand
felonious
act
SUGGESTED
ANSWER:
Felipe
abefore
working
student
could
only
However,
the
ransom
note
was
Rustom
pulled
Olive's
hand
causing
her
to
Yes,
Rustom
is
criminally
liable
for
the
death
was
the
proximate
cause
of
ZZ's
jumping
out
ask Mary tobyseeCarla's
a movie which
was declined.
received
parents,
Enrique's
fallthe
over herbecause
baby. The
then died
of
hisbaby
felonious
act
was
the
thechild
jeepney,
resulting
in
the
latter's
Felipe
felt
insulted
and
made
plans
to
get
hideout
was
discovered
by
the
police.
Carla
moments later.
Rustom
criminally
liable
proximate
causeIs
of
such
death.
It
was
death.
Stated
otherwise,
the
death
of
ZZ
even
with
Cesar
by
scaring
him
off
somehow.
was
rescued
while
was arrested and
for the
death
of pulling
theEnrique
child?
Rustom's
actentered
of
Olive's
hand
which
was
the
direct,
natural
and
logical
One
day,
he
Cesar's
room
in
their
incarcerated. Considering that the ransom
caused
the
latter
to
fall
on her
baby.
It
consequence
ofand
XX's
felonious
actHad
which
boarding
house
placed
a rubber
snake
note was not
received
by
Carla's
parents,
the
SUGGESTED
ANSWER:
not
been
for
saidto
act
ofreal
Rustom,
which in
is the
created
an
immediate
sense
of
danger
which
appeared
be
in
Cesar's
investigating
prosecutor
merely
filed
a
case
Criminal
Impossible
Crime
(2004)
No,
the
prosecutor
is (at
notavoid
correct
in danger
filing a
undoubtedly
felonious
least
mind
ofLiability;
ZZBecause
who
tried
such
backpack.
Cesar
had
aslight
weak
heart,
of "Impossible
Crime
totoCommit
Kidnapping"
OZ
and
YO
were
both
courting
their
cocase
for
"impossible
crime
to
commit
coercion)
there
was
no
cause
for
Olive
fall
by
jumping
out
of Is
the
jeepney
v.to
Arpa,
he
suffered
a heart
attack
upon(People
opening
his
against
Enrique.
the
prosecutor
correct?
employee,
SUE.
Because
of
their
bitter
kidnapping"
against
Enrique.
Impossible
over
her
baby.
In
short,
Rustom's
felonious
27
SCRA
1037).
backpack
and seeing the snake. Cesar died
Why?
(3%)
rivalry,
OZ
decided
to
get
ridwhich
of
by
crimes
are
limited
only
acts
when
act
is the
cause
of consciousness.
the
evilto
caused.
AnyYO
without
regaining
The
police
poisoning
him.
OZ
poured
a
substance
into
performed
would
be
ain
crime
against
persons
person
performing
a felonious
act is Felipe
investigation
resulted
pinpointing
YO's
coffeeliable
thinking
it was
arsenic.
It turned
or
property.
As
kidnapping
is
a
crime
criminally
for
the
direct,
natural
and
as the culprit and he was charged withagainst
out
that
the substance
was
white
sugar
personal
security
and
not
against
persons
or
logical
consequence
thereof
although
Homicide
for Cesar's
death.
In hisCause
defense,
Criminal
Liability;
Felonious
Act;
Proximate
(1997)an
substitute
known
as
Equal.
Nothing
property,
Enrique
could
not
have
incurred
different
from what
he did
intended
(Art.about
4, par.
Felipe the
claimed
that
not
know
SUGGESTED
ANSWER:
While
crew
of after
a he
steamer
prepared
to
happened
to crime"
YO
drank
the
coffee.
"impossible
to he
commit
kidnapping.
1,
RFC;
People
vs,
Pugay,
et
al,
GR
No.
Cesar's
weak
heart
and
that
he
only
SUGGESTED
ANSWER:
Yes,
Felipe
is at
liable
for the
death
Cesar
raise
anchor
theno
Pasig
River,
A,ofevidently
What
criminal
liability
did
OZ
incur,
if
any?
There
is
thus
impossible
crime
of
74324,
Nov.
18,Prohibita
1988).
intended
to
play
a practical
joke
on
Cesar.
OZ
criminal
liability
for Is
an
but
he
be
given
the
benefit
of the
Mala
in incurred
Seshall
vs.
Mala
(1997)
impatient
with
the
progress
of work,
began
Explain
briefly.
(5%)
kidnapping.
Felipe
liable
for
thebetween
death
ofcrimes
Cesar
willinB,se
impossible
crime
of against
murder.
Criminal
mitigating
circumstance
that
he did
not
1
Distinguish
mala
to
use abusive
language
theor
men.
his
defense
prosper?
Why?
(5%}
liability
shall
be
incurred
by
any
person
intend
to commit
so grave
wrong as that
and
crimes
mala prohibita.
one
of
the
members
of the a
crew,
performing
an
act
which
would
be
an
offense
which
was
committed
(Art.
13,
par.
3,
RPC).
2
May ansaying
act bethat
malum
se and
be, at the
remonstrated
theyincould
work
When
Felipe
intruded
into Cesar's
room
against
persons
or
property,
were
it B's
not for
same
malum
prohibitum?
best iftime,
they
were
not
insulted.
A took
without
the
and tookof
liberty
the
impossibility
its
attitudeinherent
as alatter's
displayconsent
of insubordination
and,
with
the
letter's
backpack
where
he
placed
accomplishment
or
on
account
of
the
rising in a rage, moved towards B wielding a
the
rubber
snake.
Felipe was
already
employment
of inadequate
or B.ineffectual
big
knife
and
threatening
to stab
At the of
In
the
problem
given,
the
impossibility
committing
a
felony.
And
any
act
done
byB,
means
(Art.
4,
par.
2,
RFC).
instant
when
A
was
only
a
few
feet
from
accomplishing
the crime
of murder,
a crime
him
while
committing
a
felony
is
no
less
the
latter,
apparently
believing
to be
against
persons,
was due
tothey
thehimself
employment
wrongful,
considering
that
were
part of
in
great
and
immediate
peril,
threw
himself
Felipe's
that with
he which
intended
"to play
of
ineffectual
means
OZonly
thought
was
SUGGESTED
ANSWER:
"plans
toclaim
get
even
Cesar".
into
the
water,
disappeared
beneath
the
Yes.
A can
be
held
criminally
liable
for
the to
a
practical
joke
on
Cesar"criminal
does
notliability
poison.
The
law
imputes
surface,
drowned.
May
Acrime
be are
held
death
of and
B,considering
Article
4 of that
the
Penal
persuade,
they
not
the
offender
although
noRevised
resulted,
criminally
liable
for
the
death
of
B?
Code
provides
in part
liability
friends
in fact
rivals
in criminal
courting
only
tobut
suppress
histhat
criminal
propensity
ALTERNATIVE
ANSWER:
shall
be incurred
by any
person
Maryjane.
This
case
ishe
parallel
tocommitting
the case
ofa
because
subjectively,
is a criminal
though
No, Felipe
isno
not
liable
because
actbe
of
Criminal
Liability;
Impossible
Crimes
(1994)
felony
although
the
actthe
done
People
vs. Pugay,
etwrongful
al.
objectively,
crime
was
committed.
frightening
another
is nothe
a crime.
What
different
from
that which
intended.
Inhe
did
may
be
wrong,
but
not
all
wrongs
U.S. vs. Valdez 41 Phil. 497. where the victim
amount
a crime. Because
the act which
who
wastothreatened
by the accused
with a
knife, jumped into the river but because

14 of 86
15
16
JP, the
caused
of
Aries
strong
the
and
death
Randal
current
of Cesar
planned
or because
is not
to kill
ahecrime,
Elsa,
did not
ano
criminal
know
how
liability
to
swim,
may
hePula,
arise
drowned,
therefrom.
the
resident
of
Barangay
Laurel,
Supreme Court
Batangas.
They affirmed
asked thethe
assistance
conviction
of for
Ella,
Criminal
Felonious
Actplace.
of Scaring (2005)
homicide
of the
accused
because,
if a person
who
is Liability;
familiar
with
the
On
April
3,Gaston
1992,
at
aboutassault
10:00
in directed
the
Belle
saw
stealing
the
prized
cock of
against
whom
a criminal
is
evening,
JP
,
Aries
and
Randal,
all
armed
with
a
neighbor
and
reported
him
to
the
police.
believes himself to be in danger of death
or
automatic
weapons,
went
to
Barangay
Pula.
Thereafter,
Gaston,
while
driving
a
car
saw
great bodily harm and in order to escape
Ella,
guide,
directed
her
Belle
crossing
street.
Incensed
that
jumpsbeing
into the the
water,
impelled
by the
companions
to
the
room
in
the
house
of Elsa.
Belle
had
reported
him,
Gaston
decided
tois
instinct of self-preservation, the assailant
Whereupon,
JP
, the
Aries
Randal
fired
their
scare her byfor
trying
toand
make
itinappear
that
responsible
homicide
case
death
Criminal
Felonious
Act;over.
Proximate
Cause
guns
atLiability;
herdrowning.
room.
Fortunately,
Elsa
was(1999)
not
he was
about
to
run
her
He
revved
the
results
by
During
the
robbery
in
a
dwelling
house,
around
ashis
shecar
attended
a prayer
meeting
engine of
and drove
towards
her one
but
of
culprits
to fire
that
evening
inhappened
anotherSince
barangay
ingun
Laurel.
he the
applied
the
brakes.
thehis
road
was
JP
,
et
al,
were
charged
and
convicted
ofto
upward
in
the
ceiling
without
meaning
slippery at that time, the vehicle skidded
attempted
murder
by her
the
Regional
Trial
kill
The
owner
of death.
the house
who
was
andanyone.
hit Belle
causing
Was
gaston
SUGGESTED
ANSWER:
Court
at
Tanauan,
Batangas.
hiding
thereat
was
hit
and
killed
as
a
result.
criminally
What
is
the liability
of
Yes, defense
Gastonliable?
is
liable
forthat
Belle's
The
theorized
the death
killing was a
Gaston?
Why?
(4%)
because
even
though
Gaston
has noall
intent
On
appeal
to the
Court
of
the
mere
accident
and
was
notAppeals,
perpetrated
in to
kill Belleascribed
rather
to scare
Belle.
"To
accused
to for
the
trial court
connection
with,just
or
purposes
of,the
thesole
scare"ofdoes
indicate
intent
to kill. Why?
error
finding
guilty
attempted
robbery.
Willnot
youthem
sustain
theofdefense?
SUGGESTED
ANSWER:
However,
Art. the
4 ofponente,
the Revised
murder.
Ifunder
you were
howPenal
will
(4%)
No,
I
will
not
sustain
the
defense.
The
act
SUGGESTED
ANSWER:
Code,
provides
in
part
that
criminal
liability
you decide the appeal?
If
I were
the ponente,
I will
set aside
the of a
being
felonious
and
proximate
cause
shall
be
incurred
by the
any
person
committing
judgment
convicting
the
accused
of
the
victim's
death,
offender
liablebe
felony
although
thethe
wrongful
actisdone
attempted
murder
instead
find
them
therefore
although
it may
notintended.
be
intended
different from
that and
which
he
In or
guilty
of
impossible
crime
under
Art.
4, par.
different
from
what
he
intended.
The
other words, the rule is that when a person,
2,
inshall
relation
to Art. 59, for
RPC.
offender
be
theLiability
by RPC,
a felonious
act,prosecuted
generates
in
the
mind of
for
impossible
crime
arises
not
only
when
composite
crime
of
robbery
with
homicide,
another a sense of imminent danger,
the
impossibility
is
legal,
but
likewise
whether
the
killing
was
intentional
or
prompting the latter to escape from orwhen
avoid
it
is factual
orand
physical
impossibility,
accidental,
as
long
as
the
killing sustains
was as
onin
such
danger
in
the
process,
ALTERNATIVE
ANSWER:
Criminal
Liability;
Felonious
Act;
Proximate
Cause
the
case
at
bar.
Elsa's
absence
from
the(2001)
occasion
ofdies,
the
robbery.
injuries
or
the person
committing
the
Yes,
Gaston
is liable
for
Belle's
death
Luis
Cruz
was
deeply
hurt
when
his
offer
of
house
is aact
physical
impossibility
which
felonious
is acts
responsible
forthe
such
injuries
because
by
his
of
revving
engine
of
love
was
rejected
by
his
girlfriend
Marivella
renders
the
crime
intended
or
death.
(US
vs. Valdez,
41Inherently
Phil, is
1497;
his
car
and
driving
towards
Belle
one
afternoon
when he visited To
her.
When the
he
incapable
accomplishment.
convict
People
vs. of
Apra,
27 SCRA
1037.)
felonious,
and
such
felonious
act
was
the
left
her
house,
he
walked
as
if
he
was
accused of attempted murder would make
proximate
cause
of theso
vehicle
skid and
sleepwalking
so much
that ato
teenage
Art.
4, par. 2 practically
useless
as all
hit
Belle,
resulting
in
the
latter's
death.
snatcher was able
to grab
his cell
phone and
circumstances
which
prevented
the
Stated
otherwise,
the
death
Belle
flee without
being
chased
byofLuis.
Atwas
the the
consummation
of
the
offense
will
be
treated
Criminal
Liability:
Impossible
Crimes
(1998)
direct,
natural
andhelogical
consequence
of
next
LRT
station,
boarded
one
of
the
as
an incident
independent
of the Cause
actor's will
Criminal
Liability;
Felonious
Act;
Immediate
Buddy
always
resented
his
classmate,
Jun.
Gaston's
felonious
act.
(People
v. Arpa,
27
coaches
bound
for
Baclaran.
While
seated,
which
is an element of attempted or
(2003)
One
day.
Buddy
planned
to kill Jun left
by mixing
SCRA
1037).
he
happened
to read
a newspaper
on the
frustrated
felony
(Intod
vs. CA,the
215ire
SCRA
The conduct
of
wife
A aroused
of he
her
poison
in
his
lunch.
Not
knowing
where
seat
and
noticed
that
the
headlines
were
52).
husband
B. Incensed
with anger
almost
can
get
poison,
he
approached
another
about the sinking of the Super Ferry while
beyond his Jerry
control,
B could
help but
classmate,
to whom
henot
disclosed
hisof
on its way to Cebu.
He went
over
the list
inflict
physical
injuries
on A. Moments
after
evil
plan.
Because
he
himself
harbored
missing passengers who were presumed
B
started
hitting
A
with
his
fists,
A
suddenly
resentment
towards
Jun,
gave
Buddy a
dead and came
across
theJerry
name
of his
complained
of Buddy
severe placed
chest pains.
B, food.
poison,
which
on
Jun's
grandfather who had raised him from
realizing
that did
A was indeed
in serious
However,
die
because,
unknown
childhood Jun
after henot
was
orphaned.
He
was
trouble,
immediately
brought
her towas
the
to
both
Buddy
and
Jerry,
the
poison
shocked and his mind went blank for a few
hospital.
Despite efforts
to
alleviate
A's
actually powdered
milk.
1, What
crime
minutes,
after
which
he ran
amuck
and,or
2.
Suppose
that,
because
of
his
severe
pains,
she
died
of
heart
attack.
It
turned
out
crimes,
if balisong,
any,
did Jerry
andstabbing
Buddy commit?
using
his
started
at
SUGGESTED
ANSWER:
allergy
powdered
milk, Jun
hadato
bethe
that shetohad
been suffering
from
lingering
[3%]
B
could beANSWER:
held
liable
forfor
parricide
because
passengers
who
then
scampered
away,
SUGGESTED
hospitalized
forWhat
10
days
ingesting
it.with
heart ailment.
crime,
if
any, could
B be
his
act
of
hitting
his
wife
with
fist
blows
and
three
of
them
Jumping
out
of
the
train
and
Yes,
Luis
is
liable
for
their
deaths
because
he
Would
yourof?
answer
held guilty
8% to the first question be
therewith
inflicting
physical
injuries
on
her,
landing
on
the
road
below.
All
the
three
was
committing
a
felony
when
he
started
SUGGESTED
ANSWER:
the same? [2%]
is felonious.
A person
a felonious
1.
Jerry and
Buddy
arecommitting
for
the
sopassengers
died
later
ofliable
their
injuries
at the
stabbing
at the
passengers
and
such
act incurs
criminal
liability
although
the
called
"impossible
crime"
with
hospital.
Is
Luis
for because,
the
death
of
the
wrongful
act
wasliable
the
proximate
cause
of
wrongful
consequence
is
from
what
intent
to kill,
theyjumping
triedjumped
todifferent
poison
Jun
and
three
passengers
who
out
of
the
said
passengers'
out
of
the
train;
he intended
(Art.
4, par.
Revised
Penal
thus
perpetrate
Murder,
areasons.
crime
against
moving
train?
State
your1,
(5%)
hence
their
deaths.
Code).
persons. Jun was not poisoned only because
the would-be killers were unaware that
what they mixed with the food of Jun

17 of 86
18

Criminal Law Bar Examination Q & A (1994-2006)

Also, criminal liability is generally incurred

in crimes mala in se even when the crime is
only attempted or frustrated, while in crimes
mala prohibita, criminal liability is generally
incurred only when the crime is
Also
in crimes mala in se, mitigating and
consummated.
aggravating circumstances are appreciated
in imposing the penalties, while in crimes
mala prohibita, such circumstances are not
appreciated unless the special law has
adopted the scheme or scale of penalties
under the Revised Penal Code.
Mala Prohibita; Actual Injury Required (2000)
Mr. Carlos Gabisi, a customs guard, and Mr.
Rico Yto, a private Individual, went to the
office of Mr. Diether Ocuarto, a customs
broker, and represented themselves as
agents of Moonglow Commercial Trading, an
Importer of children's clothes and toys. Mr.
Gabisi and Mr. Yto engaged Mr. Ocuarto to
prepare and file with the Bureau of Customs
the necessary Import Entry and Internal
Revenue Declaration covering Moonglow's
shipment. Mr. Gabisi and Mr. Yto submitted
to Mr. Ocuarto a packing list, a commercial
invoice, a bill of lading and a Sworn Import
Duty Declaration which declared the
shipment as children's toys, the taxes and
duties of which were computed at
P60,000.00. Mr. Ocuarto filed the
aforementioned documents with the Manila
International Container Port. However,
before the shipment was released, a spot
check was conducted by Customs Senior
Agent James Bandido, who discovered that
the contents of the van (shipment) were not
children's toys as declared in the shipping
documents but 1,000 units of video cassette
recorders with taxes and duties computed at
P600,000.00. A hold order and warrant of
seizure and detention were then issued by
the District Collector of Customs. Further
investigation showed that Moonglow is nonexistent. Consequently, Mr. Gabisi and Mr.
Yto were charged with and convicted for
SUGGESTED ANSWER:
violation of Section 3(e) of R.A. 3019 which
Crimes mala in se are felonious acts
makes it unlawful among others, for public
committed by dolo or culpa as defined in the
officers to cause any undue Injury to any
Revised Penal Code. Lack of criminal intent
party, including the Government. In the
is a valid defense, except when the crime
discharge of official functions through
results from criminal negligence. On the
manifest partiality, evident bad faith or gross
other hand, crimes mala prohibita are those
inexcusable negligence. In their motion for
considered wrong only because they are
reconsideration, the accused alleged that the
prohibited by statute. They constitute
decision
was erroneous because the crime
SUGGESTED
SUGGESTED ANSWER:
ANSWER:
violations
of mere rules of convenience
was
not
consummated
butaccused
was
only
at malum
an
Yes,
an
act
may be of
malum
in se
and
Yes,
the contention
the
the
designed
to secure
a morethatorderly
attempted
stage,
and
that
in
fact
the
prohibitum
at
the
same
time.
In
People
crime
was
not
consummated
is
correct,
RA.v.
regulation of the affairs of society.
Government
did
not
suffer
any
undue
injury.
Sunico,
et
aL.
(CA
50
OG
5880)
it
was
3019 is a special law punishing acts malaheld
a) Is the
accused
that
thecontention
omission
orboth
failure
of correct?
election
prohibita.
As
a rule, of
attempted
Explain. (3%)
b) Assuming
thatto
theinclude a
inspectors
and
poll clerks
attempted
or in
frustrated
stage of the violation
voter's
name
the
charged is not punishable, may the accused
be nevertheless convicted for an offense
punished by the Revised Penal Code under
the facts of the case? Explain. (3%)

violation
registry of
lista special
of voters
law isisnotwrong
punished.
per se
Actual
because
injury
it disenfranchises
is required. Yes, aboth
voter
are of his
liable
right to
forvote.
attempted
In thisestafa
regard
thru
it is
falsification
considered
of
as commercial
malum in se.
documents,
Since it is apunished
complex under a
crime.
special...law (Sec. 101 and 103, Revised
Malum
in Se vs.
Malum Prohibitum
(2005)
Election
Code),
it is considered
malum
Mala
in
Se
vs.
Mala
Prohibita
(1999)
Distinguish
malum
in
se
from
malum prohibitum.
prohibitum.
SUGGESTED
ANSWER:
Distinguish
" mala in se" from " mala
(2%)
In
crimes ANSWER:
malum in se, an act is by nature
SUGGESTED
prohibita"(3%)
In "mala evil
in se",
actsand
constituting
the
wrong,
or the
bad,
so generally
crimes are inherently
evil,
bad
wrong,
and is
condemned.
The moral
trait
ofor
the
offender
hence involves
the faith
moral
traitsof of
the
involved;
thus, good
or lack
criminal
offender;
in of
"mala
prohibita",
acts
Intent
on while
the part
the offender
is athe
defense,
constituting
the crimes
not inherently
unless
the crime
is theare
result
of criminal
bad, evil or wrong
but prohibited and
made
negligence.
Correspondingly,
modifying
punishable onlyare
forconsidered
public good.
because
circumstances
in And
punishing
the
In
crimes
prohibitum,
an is
actInvolved
is not by
the
moral mala
trait of
the offender
in
offender.
nature
wrong,
evil or bad.circumstances,
Yet, it is punished
"mala in
se". Modifying
the
because
is a law
prohibiting them
offender'sthere
extent
of participation
in for
the
public
and
thus good
faith or lack of
crime, good,
and the
degree
of accomplishment
of
criminal
in doing
prohibited
act is
the crimeintent
are taken
intothe
account
in imposing
not
defense. these are not so in "mala
the apenalty:
Mala in vs.
Motive
Se Intent
vs. Mala
(1996)
Prohibita (2001)
prohibita" where criminal liability arises only
Briefly Distinguish
1
state what essentially
intent fromdistinguishes
motive in
a
when the acts are consummated.
crime mala
Criminal
Law.
prohibita from a crime mala in
SUGGESTED
ANSWER:
se. (2%)
2
May
crime be committed without
In
crimesintent?
mala prohibita, the acts are not by
criminal
nature wrong, evil or bad. They are
punished only because there is a law
prohibiting them for public good, and thus
good faith or lack of criminal intent in doing
the prohibited act is not a defense.
In crimes mala in se, the acts are by nature
wrong, evil or bad, and so generally
condemned. The moral trait of the offender is
involved; thus, good faith or lack of criminal
Intent on the part of the offender is a defense,
unless the crime is the result of criminal
negligence.
Correspondingly,
modifying
circumstances are considered in punishing the
Mala
in Se vs. Mala Prohibita (2003)
offender.
Distinguish, in their respective concepts and
legal implications, between crimes mala in
se and crimes mala prohibits. 4%
SUGGESTED ANSWER:

In concept: Crimes mala in se are those

where the acts or omissions penalized are
inherently bad, evil, or wrong that they are
almost universally condemned.
Crimes mala prohibita are those where the
acts penalized are not inherently bad, evil,
or wrong but prohibited by law for public
good, public welfare or interest and whoever
violates the prohibition are penalized.
In legal implications: In crimes mala in
se, good faith or lack of criminal intent/
negligence is a defense, while in crimes
mala prohibita, good faith or lack of criminal
intent or malice is not a defense; it is
enough that the prohibition was voluntarily
violated.

Criminal Law Bar Examination Q & A (1994-2006)

It is not necessary to prove motive when

the offender is positively identified or the
criminal act did not give rise to variant
crimes.
Motive vs. Intent (2004)
Distinguish clearly but briefly between
intent and motive in the commission of an
SUGGESTED ANSWER:
offense.
Intent is the purpose for using a particular
means to achieve the desired result; while
motive is the moving power which impels a
person to act for a definite result. Intent is
an ingredient of dolo or malice and thus an
element of deliberate felonies; while motive
is not an element of a crime but only
considered when the identity of the offender
Motive;
Proof thereof; Not Essential; Conviction (2006)
is in doubt.
Motive is essential in the determination of
the commission of a crime and the liabilities
of the perpetrators. What are the instances
where proof of motive is not essential or
required to justify conviction of an accused?
SUGGESTED
ANSWER:
Give
at least
3 instances. (5%)
1
When there is an eyewitness or positive
identification of the accused.
2
When the accused admitted or confessed to SUGGESTED ANSWER:
1
Motive is the moving power which
the commission of the crime.
impels
one to action for a definite result;
3
In crimes mala prohibita.
whereas
intent is the purpose to use a
4
In direct assault, when the victim, who is a
particular means to effect such results.
person in authority or agent of a person in
authority was attacked in the actual performance Motive is not an essential element of a
felony and need not be proved for purpose
of his duty (Art. 148, Revised Penal Code).
of conviction, while intent is an essential
5
In crimes committed through reckless
element of felonies by dolo.
imprudence.
2
Yes, a crime may be committed
without criminal intent if such is a culpable
felony, wherein Intent is substituted by
negligence or imprudence, and also in a
malum prohibitum or if an act is punishable
by special law.
Motive vs. Intent (1999)
1
Distinguish "motive" from "intent".
2
When is motive relevant to prove a
case? When is it not necessary to be
SUGGESTED
ANSWER:
established?
Explain. (3%)
1
"Motive " is the moving power which
impels a person to do an act for a definite
result; while "intent" is the purpose for
using a particular means to bring about a
desired result. Motive is not an element of a
crime but intent is an element of intentional
crimes. Motive, if attending a crime, always
precede the intent.
2
Motive is relevant to prove a case
when there is doubt as to the identity of the
offender or when the act committed gives
rise to variant crimes and there is the need
to determine the proper crime to be imputed
to the offender.

19
of (1998)
86
Exempting Circumstances; Minority

JUSTIFYING & EXEMPTING

CIRCUMSTANCES
Exempting Circumstances; Coverage (2000)
A, brother of B, with the intention of having
a night out with his friends, took the
coconut shell which is being used by B as a
bank for coins from inside their locked
cabinet using their common key. Forthwith,
A broke the coconut shell outside of their
1
is the criminal
home inWhat
the presence
of his liability
friends. of A, if any?
Explain. (3%)
2
Is A exempted from criminal liability
under Article 332 of the Revised Penal Code for
being a brother of B? Explain. (2%)
SUGGESTED ANSWER:

a) A is criminally liable for Robbery with

force upon things.....
b) No, A is not exempt from criminal liability
under Art. 332 because said Article applies
only to theft, swindling or malicious
mischief. Here, the crime committed is
robbery.

John, an eight-year old boy, is fond of

watching the television program "Zeo
Rangers." One evening while he was
engrossed watching his favorite television
show, Petra, a maid changed the channel to
enable her to watch "Home Along the Riles."
This enraged John who got his father's
revolver, and without warning, shot Petra at
SUGGESTED ANSWER:
the back of her head causing her
No, John is not criminally liable for killing
instantaneous death. Is John criminally
Petra because he is only 8 years old when
liable? [2%]
he committed the killing. A minor below
nine (9) years old is absolutely exempt from
criminal liability although not from civil
liability. (Art. 12, par. 2, RPC).
Exempting; Minority; 11 yrs Old; Absence of
Discernment (2000)
While they were standing in line awaiting
their vaccination at the school clinic,
Pomping repeatedly pulled the ponytail of
Katreena, his 11 years, 2 months and 13 days
old classmate in Grade 5 at the Sampaloc
Elementary School. Irritated, Katreena
turned around and swung at Pomping with a
ball pen. The top of the ball pen hit the right
eye of Pomping which bled profusely.
Realizing what she had caused. Katreena
immediately helped Pomping. When
investigated, she freely admitted to the
school principal that she was responsible for
the injury to Pomping's eye. After the
incident, she executed a statement admitting
her
culpability.
Due to the injury. Pomping
SUGGESTED
ANSWER:
lost
his
right
eye.
Is criminally
Katreena criminally
a) No, Katreena isa)not
liable
liable?
Why?
(3%)
b)
Discuss
the attendant
although she is civilly liable. Being
a minor
circumstances
effects
(2%) over
less than fifteenand
(15)
yearsthereof.
old although
nine (9) years of age, she is generally
exempt from criminal liability. The exception
is where the prosecution proved that the act
was committed with discernment. The
burden is upon the prosecution to prove that
The
presumption
thatdiscernment.
such minor acted
the accused
actediswith
without discernment, and this is
strengthened by the fact that Katreena only
reacted with a ballpen which she must be
using in class at the time, and only to stop
Pomping's vexatious act of repeatedly
pulling her ponytail. In other words, the
b)
Thewas
attendant
circumstances which may
injury
accidental.
be considered are:
1
Minority of the accused as an
exempting circumstance under Article 12.
paragraph 3, Rev. Penal Code, where she
shall be exempt from criminal liability, unless
it was proved that she acted with
discernment. She is however civilly liable;
2
If found criminally liable, the minority
of the accused as a privileged mitigating
circumstance. A discretionary penalty lower
by at least two (2)

Criminal Law Bar Examination Q & A (1994-2006)

degrees than that prescribed for the

crime committed shall be imposed in
accordance with Article 68. paragraph 1,
Rev. Penal Code.
The sentence,
however,
should
automatically
be
suspended in accordance with Section
5(a) of Rep. Act No. 8369 otherwise
1 known
Also as
if found
liable, the
the criminally
"Family Courts
Actordinary
of
mitigating
circumstance
of
not
Intending
to
1997";
commit so grave a wrong as that committed,
under Article 13, paragraph 3, Rev. Penal Code;
and
2
The ordinary mitigating circumstance of
sufficient provocation on the part of the offended
Justifying
vs. Exemptingpreceded
Circumstances
party immediately
the(2004)
act.
Distinguish clearly but briefly: Between
justifying and exempting circumstances in
SUGGESTED
ANSWER:
criminal law.
Justifying circumstance affects the act, not
the actor; while exempting circumstance
affects the actor, not the act. In justifying
circumstance, no criminal and, generally, no
civil liability is incurred; while in exempting
circumstance, civil liability is generally
incurred although there is no criminal
Justifying
liability. vs. Exempting Circumstances
(1998) Distinguish between justifying and
exempting circumstances. [3%]
SUGGESTED ANSWER:

1.
In
Justifying
1
The circumstance affects the act, not
Circumstances:
the actor;
2
The act is done within legal bounds,
hence considered as not a crime;
3
Since the act is not a crime, there is no
criminal
nor civil liability.
criminal;
Whereas,
in
an Exempting
4
There
being no crime nor criminal,
1
Circumstances:
there
isThe
no circumstance affects the actor, not
the act;
2
The act is felonious and hence a crime
but the actor acted without voluntariness;
3
Although there is a crime, there is no
criminal because the actor is regarded only as
an instrument of the crime;
4
There being a wrong done but no
criminal.

Criminal Law
Examination Q & A (1994-2006)
Criminal Law Bar Examination
Q & Bar
A (1994-2006)

Qualifying; Elements of a Crime (2003)

Justifying;
SD; Defense
of Honor;
Requisites (1998)be
When
would
qualifying
circumstances
One night,
a young of
married
woman,
deemed,
if atUna,
all, elements
a crime?
4%
SUGGESTED
was soundANSWER:
asleep in her bedroom when she
A
qualifying
would beit deemed
felt
a man oncircumstance
top of her. Thinking
was her
an
element
of
a
crime
when
husband Tito, who came home
a day early
1
it business
changes the
of the
from his
trip,nature
Una let
himcrime,
have sex
bringing
a more
a
with her. about
After the
act, serious
the mancrime
said, and
"I hope
heavier
penalty;
you enjoyed
it as much as I did." Not
2
it is essential
to the
crime involved,
recognizing
the voice,
it dawned
upon Lina
otherwise
some
other
crime
is committed;
and
that the man was not Tito,
her husband.
3
it
is
specifically
alleged
in
the
Information
Furious, Una took out Tito's gun and shot
SUGGESTED
ANSWER:
and
proven
during with
the trial.
the man.
Charged
homicide Una denies
No, Una's claim that she acted in defense of
culpability on the ground of defense of
honor, is not tenable because the unlawful
honor. Is her claim tenable? [5%]
aggression on her honor had already
ceased. Defense of honor as included in selfdefense, must have been done to prevent or
repel an unlawful aggression. There is no
defense to speak of where the unlawful
Justifying;
Defense
of Honor;exists.
Elements (2000)
aggression
no longer
Osang, a married woman in her early
twenties, was sleeping on a banig on the
floor of their nipa hut beside the seashore
when she was awakened by the act of a man
mounting her. Thinking that it was her
husband, Gardo,who had returned from
fishing in the sea, Osang continued her sleep
but allowed the man, who was actually their
neighbor, Julio, to have sexual intercourse
with her. After Julio satisfied himself, he said
"Salamat Osang" as he turned to leave. Only
then did Osang realize that the man was not
her husband. Enraged, Osang grabbed a
balisong
from the wall and stabbed Julio to
SUGGESTED ANSWER:
death.
When
tried of
for defense
homicide,
No, Osang"s claim
of Osang
honor
claimed defense
honor. Should
the claim
should
not be ofsustained
because
the
be sustained?
(5%) had ceased when
aggression
onWhy?
her honor
she stabbed the aggressor. In defense of
rights under paragraph 1, Art. 11 of the
RPC, It is required inter alia that there be
(1) unlawful aggression, and (2) reasonable
necessity of the means employed to prevent
or repel it. The unlawful aggression must be
Justifying;
Defense
of Honor;
Requisites (2002)
continuing
when
the aggressor
was injured
When
But
if
the
A
arrived
aggression
home,
that
he
found
was begun
B araping
by the
his
or disabled by the person making
defense.
daughter.
injured
orUpon
disabled
seeing
party
A, Balready
ran away.
ceased
A took
to
his gun
exist
when
and
theshot
accused
B, killing
attacked
him.him,
Charged
as in
with case
the
homicide,
at bar,A the
claimed
attackhemade
actedis in
a
defense of and
retaliation,
hisnot
daughter's
a defense. honor.
Paragraph
Is 1,
A
correct?11Ifofnot,
Article
the Code
can Adoes
claim
notthe
govern.
benefit of
SUGGESTED
ANSWER:
Hence,
Osang's
act of stabbing
Julio to death
any
mitigating
circumstance
or
No,
Athe
cannot
validly
invoke was
defense
of his
after
sexual
intercourse
finished,
is
circumstances?
(3%)
daughter's
honor
having
killed
since the
not
defense
of in
honor
but
an Bimmediate
rape was already
B
vindication
of a consummated;
grave offensemoreover,
committed
already her,
ranwhich
away,is only
hence,
there was no
against
mitigating.
aggression
defend
againstRequisites
and no (1996)
defense
Justifying;
SD; to
Defense
of Property;
to
speakguard,
of. upon seeing a man scale the wall of a factory
A security
compound which he was guarding, shot and

21 of 86

20 of 86

A may,
however,
invoke by
the
benefit
of the
killed
the latter.
Upon investigation
the police
who thereafter
mitigating
arrived
at the scene
circumstance
of the shooting, of
it was
having
discovered
acted
that the
in
victim
was unarmed.
When prosecuted
for homicide,
the to
immediate
vindication
of a grave
offense
security
guard claimedhis
that he
merely actedunder
in self-defense
a descendant,
daughter,
par. of5,
property
in the
of his duty
as a security
Articleand
13
of performance
the Revised
Penal
Code,guard.
as
Justifying;
Defense
Stranger
(2002)him of homicide?
Ifamended.
you were the
judge,of
would
you convict
A
chanced upon three men who were
Explain.
attacking B with fist blows. C, one of the
SUGGESTED
men, was ANSWER:
about to stab B with a knife. Not
Yes.
I would
security
for
knowing
that convict
B was the
actually
the guard
aggressor
Homicide
if
I
were
the
Judge,
because
his
because he had earlier challenged the three
claim
of ahaving
in C
defense
property
men to
fight, acted
A shot
as theoflatter
was
and
in
performance
of
a
duty
cannot
fully be
about to stab B. May A invoke the defense
of
SUGGESTED
ANSWER:
justified.
the victiminwas
a strangerEven
as aassuming
justifying that
circumstance
his
Yes.
Athe may
invoke
the
justifying
scaling
wall
favor? Why?
(2%)of the factory compound to
circumstance
of
defense
of
stranger
since
commit a crime inside the same, shooting
he was
not involved
in the
fight
and he shot
him
is never
justifiable,
even
admitting
that
C when
latter wasunlawful
about to
stab B.
such
act the
is considered
aggression
There
beingrights.
no indication
A was
on
property
In People vs.that
Narvaes,
121
induced
revenge,
resentment
or any
SCRA
329,by
a person
is justified
to defend
his
other evilrights,
motive
in all
shooting
C, his of
act
is
property
but
the elements
selfjustified under
under Art.
par11,
3, must
Article
11 of the
defense
be present.
In
Justifying;
Fulfillment
of Duty;
Requisites (2000)
Revised
Penal
Code,
as amended.
the instant
case,
just
like in Narvaes, the
Lucresia, a store owner, was robbed of her
second element (reasonable necessity of the
Justifying; SD;
of Property;
Requisites (2003)
bracelet
in Defense
her home.
The following
day, at
means employed) is absent. Hence, he
The accused
his family
in a
about
5 o'clock lived
in the with
afternoon,
a neighbor,
should be convicted of homicide but entitled
neighborhood
that often
scene of
22-year
old Jun-Jun,
who was
had the
an unsavory
to incomplete self-defense.
frequent robberies.
oneto buy
time,bottles
past
reputation,
came to herAtstore
midnight,
the accused
went
with
of
beer. Lucresia
noticed
her downstairs
bracelet wound
a loadedthe
gun
to investigate
what As
he soon
thought
around
right
arm of Jun-Jun.
as
werelatter
footsteps
an uninvited
After
the
left, of
Lucresia
went toguest.
a nearby
seeing station
what appeared
to him
an armed
police
and sought
the help
of a
stranger looking
around
out Reyes.
to rob He
the
policeman
on duty,
Pat. and
Willie
house,
he
fired
his
gun
seriously
injuring
the
went with Lucresia to the house of Jun-Jun to
man. When
lights
were
turned
on, the
confront
thethe
latter.
Pat.
Reyes
introduced
unfortunate
victim turned
outto to
himself
as a policeman
and tried
get be
holda
brother-in-law
on
his way
to ran
the away.
kitchen
to
of
Jun-Jun
who
resisted
and
Pat.
SUGGESTED ANSWER:
get
some
light
snacks.
The
accused
was
Reyes
chased
him
and
fired
two
warning
The accused should be convicted because,
indicted
for air.
serious
Should
shots
in the
Jun-Jun
continued
to run
even
assuming
the physical
facts
to injuries.
be true
in and
his
the
accused,
given
the
circumstances,
be
when
he
was
about
7
meters
away,
Pat,
belief, his act of shooting a burglar when
convicted
or
acquitted?
Why?
4%
Reyes
shot
him
in
the
right
leg.
Jun-Jun
was
there is no unlawful aggression on his
hit
and is
he not
fell justified.
down butDefense
he crawled
towards
person
of property
a
fence,
intending
to
pass
through
or property right does not justify the act an
of
opening
underneath.
When
Pat. the
Reyes
was
firing a gun
at a burglar
unless
life and
about
meters
away,ishe
fired another
shot
limb of5 the
accused
already
in imminent
at Jun-Jun
hitting him
at the right
lower hip.
and
immediate
danger.
Although
the
ALTERNATIVE
ANSWER:
Pat. Reyes
brought
to the hospital,
SUGGESTED
ANSWER:
accused
acted
out ofJun-Jun
a misapprehension
of
Considering
the Pat.
given
circumstances,
No,
defense
Reyes is
not tenable.
but
because
bleeding,
he
the the
facts,
he is of
not profuse
absolved
from
criminal
namely;
the
the
The
defense
of
acted
inin the
eventually
died.frequent
Pat having
Reyesrobberies
was
subsequently
liability.
neighborhood,
the time
was as
past
midnight,
fulfillment
of ahomicide.
duty
requires
a condition,
charged with
During
the
trial, Pat
and
victim
appeared
to be
armed
inter
alia,
thatthe
thedefense,
injury
or anway
offense
Reyesthe
raised
by
of
burglar
in
the
dark
and
inside
his
house,
the
committed
bethat
the he
unavoidable
or necessary
exoneration,
acted in the
fulfillment
accused
have
entertained
honest
consequence
the
due
performance
of
the
of a duty.could
Is of
the
defense
tenable?anExplain.
belief
that
his
life
and
limb
or
those
duty
is
(3%) (People vs. Oanis, et.al., 74 Phil. 257) .ofIt his
family
are that
already
immediate
not enough
the in
accused
acted and
in
After
Jun-Jun
shotHence,
in the right
leg and
imminent
it may
be
fulfillment
ofdanger.
awas
duty.
was alreadyto
crawling,
there
no need
reasonable
accept that
hewas
acted
out offor
an
Pat, Reyes
to shoot
himand
further.
Clearly,
Pat.
honest
mistake
of fact
therefore
without
Reyes acted
beyond
the call mistake
of duty of
which
criminal
intent.
An honest
fact
brought
the intent
cause and
of death
of the
negativesabout
criminal
thus absolves
victim.
the accused from criminal liability.

22 of 86

ALTERNATIVE ANSWER:

A qualifying circumstance is deemed an

element of a crime when it is specifically
stated by law as included in the definition of
a crime, like treachery in the crime of
murder.

MITIGATING CIRCUMSTANCES
Despite the massive advertising campaign in
Mitigating;
Non-Intoxication
(2000) and gun-firing
media against
firecrackers
during the New Year's celebrations, Jonas
and Jaja bought ten boxes of super lolo and
pla-pla in Bocaue, Bulacan. Before midnight
of December 31, 1999, Jonas and Jaja started
their celebration by having a drinking spree
at Jona's place by exploding their highpowered firecrackers in their neighborhood.
In the course of their conversation, Jonas
confided to Jaja that he has been keeping a
long-time grudge against his neighbor Jepoy
in view of the latter's refusal to lend him
some money. While under the influence of
liquor, Jonas started throwing lighted super
lolos inside Jepoy's fence to irritate him and
the same exploded inside the latter's yard.
Upon knowing that the throwing of the super
lolo was deliberate, Jepoy became furious
and sternly warned Jonas to stop his
malicious act or he would get what he
wanted. A heated argument between Jonas
and Jepoy ensued but Jaja tried to calm down
his friend. At midnight, Jonas convinced Jaja
to lend him his .45 caliber pistol so that he
could use it to knock down Jepoy and to end
his arrogance. Jonas thought that after all,
explosions were everywhere and nobody
would know who shot Jepoy. After Jaja lent
his firearm to Jonas, the latter again started
started throwing lighted super lolos and plaplas at Jepoy's yard in order to provoke him
so that he would come out of his house.
When Jepoy came out, Jonas immediately
shot him with Jaja's .45 caliber gun but
missed his target. Instead, the bullet hit
Jepoy's five year old son who was following
behind
him,
killing the boy instantaneously,
SUGGESTED
ANSWER:
a) What crime or crimes can Jonas and Jaja
be charged with? Explain. (2%) b) If you
were Jonas' and Jaja's lawyer, what possible
defenses would you set up in favor of your
clients? Explain. (2%) c) If you were the
Judge, how would you decide the case?
Explain. (1%)

a) Jonas and Jaja, can be charged with the

complex crime of attempted murder with
homicide because a single act caused a less
grave and a grave felony (Art. 48. RPC)....
b) If I were Jonas' and Jaja's lawyer, I will
use the following defenses:
1
That the accused had no intention
to commit so grave a wrong as that
committed as they merely intended to
frighten Jepoy;
2
That Jonas committed the crime
in a state of intoxication thereby
impairing his will power or capacity to
understand the wrongfulness of his act.
Non-intentional intoxication is a
mitigating circumstance (People us.

Fortich, 281 SCRA 600 (1997); Art. 15, RPC.).

Mitigating; Plea of Guilty (1999)

An accused charged with the crime of
homicide pleaded "not guilty" during the
preliminary
investigation
before
the
Municipal Court. Upon the elevation of the
case to the Regional Trial Court the Court of
competent jurisdiction, he pleaded guilty
freely and voluntarily upon arraignment.
Can his plea of guilty before the RTC be
considered spontaneous
and thus entitle
SUGGESTED ANSWER:
him to the mitigating circumstance of
Yes, his plea of guilty before the Regional
spontaneous plea of guilty under Art. 13(7),
Trial Court can be considered spontaneous,
RPC? (3%)
for which he is entitled to the mitigating
circumstance of plea of guilty. His plea of
not guilty before the Municipal Court is
immaterial
as
it was made
during
preliminary investigation only and before a
Mitigating;
of Guilty; Requisites
(1999)
court notPlea
competent
to render
judgment.
In order that the plea of guilty may be
mitigating, what requisites must be
SUGGESTED
ANSWER:
complied with?
(2%)
For plea of guilty to be mitigating, the
1
That
the accused spontaneously
requisites
are:
pleaded guilty to the crime charged;
2
That such plea was made before the
court competent to try the case and render
judgment; and
3
That such plea was made prior to the
presentation of evidence for the prosecution.

Criminal Law Bar Examination Q & A (1994-2006)

could have continued to elude arrest.

Accordingly, the surrender of the accused
should be considered mitigating because it
was done spontaneously, indicative of the
remorse or repentance on the part of said
accused and therefore, by his surrender, the
ALTERNATIVE
ANSWER:
accused saved
the Government expenses,
Voluntary
surrender
may not be appreciated
efforts, and time.
in favor of the accused. Two years is too long
a time to consider the surrender as
spontaneous (People us. Ablao, 183 SCRA 658).
For sure the government had already
incurred considerable efforts and expenses in
looking for the accused.
Plea of guilty can no longer be appreciated
as a mitigating circumstance because the
prosecution had already started with the
presentation of its evidence (Art. 13, par. 7.
Revised Penal Code).
Mitigating; Voluntary Surrender (1996)
Hilario, upon seeing his son engaged in a
scuffle with Rene, stabbed and killed the
latter. After the stabbing, he brought his son
home. The Chief of Police of the town,
accompanied by several policemen, went to
Hilario's house, Hilario, upon seeing the
approaching policemen, came down from his
house to meet them and voluntarily went
with them to the Police Station to be
investigated in connection with the killing.
When eventually charged with and convicted
of homicide, Hilario, on appeal, faulted the
SUGGESTED ANSWER:
trial
forisnotentitled
appreciating
his favor
Yes, court
Hilario
to thein mitigating
the
mitigating
circumstance
of
voluntary
circumstance of voluntary surrender. The
surrender.
Is issue
he entitled
to such the
a mitigating
crux of the
is whether
fact that
circumstance?
Explain.
Hilario went home after the incident, but
came down and met the police officers and
went with them is considered "Voluntary
surrender," The voluntariness of surrender is
tested if the same is spontaneous showing
the intent of the accused to submit himself
unconditionally to the authorities. This must
be either (a) because he acknowledges his
guilt, or (b) because he wishes to save them
the trouble and expenses necessarily
incurred in his search and capture. (Reyes'
Commentaries, p. 303). Thus, the act of the
accused in hiding after commission of the
crime,
but voluntarily
went(1999)
with the
Mitigating; Voluntary
Surrender; Elements
policemen
who hadbygone
to his hiding
place
When is surrender
an accused
considered
to
investigate,
was held of
to the
be mitigating
mitigating
voluntary,
and constitutive
circumstance.(
People
vs. Dayrit,
cited in(3%)
Reyes'
circumstance of
voluntary
surrender?
Commentaries,
p. 299)
SUGGESTED ANSWER:

A surrender by an offender is considered

voluntary when it is spontaneous, indicative
of an intent to submit unconditionally to the
authorities.
To be mitigating, the surrender must
be:

23 of 86
1
spontaneous, i.e., indicative of
acknowledgment of guilt and not for
convenience nor conditional;
2
made before the government incurs
expenses, time and effort in tracking down
the offender's whereabouts; and
3
made to a person in authority or the
latter's agents.
AGGRAVATING

CIRCUMSTANCES
Aggravating Circumstances (1996)
Jose, Domingo, Manolo, and Fernando,
armed with bolos, at about one o'clock in the
morning, robbed a house at a desolate place
where Danilo, his wife, and three daughters
were living. While the four were in the
process of ransacking Danilo's house,
Fernando, noticing that one of Danilo's
daughters was trying to get away, ran after
her and finally caught up with her in a
thicket somewhat distant from the house.
Fernando,
before
bringing
back
the
1
What
Jose,raped
Domingo,
daughter
to crime
the did
house,
her first.
Manolo
and Fernando
Thereafter,
the fourcommit?
cartedExplain.
away the
2
Suppose,
after
the
robbery,
belongings of Danilo and his
family.the four
took turns in raping the three daughters of
Danilo inside the latter's house, but before
they left, they killed the whole family to
prevent identification, what crime did the
four commit? Explain.
3
Under the facts of the case, what
aggravating circumstances may be
appreciated against the four? Explain.

Mitigating; Plea of Guilty; Voluntary Surrender (1997)

After killing the victim, the accused
absconded. He succeeded in eluding the
police until he surfaced and surrendered to
the authorities about two years later.
Charged with murder, he pleaded not guilty
but, after the prosecution had presented two
witnesses implicating him to the crime, he
changed his plea to that of guilty. Should the
mitigating circumstances of voluntary
SUGGESTED ANSWER:
surrender and plea of guilty be considered in
Voluntary surrender should be considered as
favor of the accused?
a mitigating circumstance. After two years,
the police were still unaware of the
whereabouts of the accused and the latter

Criminal Law Bar Examination Q & A (1994-2006)

Aggravating Circumstances; Generis vs. Qualifying

(1999)
Distinguish
generic
aggravating
circumstance from qualifying aggravating
SUGGESTED
ANSWER:
circumstance.
Generic
Aggravating
1
affects only the imposition of the penalty
Circumstances:
prescribed, but not the nature of the crime
committed;
2
can be offset by ordinary mitigating
circumstances;
3
need not be alleged in the Information as
long as proven during the trial, the same shall be
Qualifying
considered in imposing the Aggravating
sentence.
1
must be alleged in the Information and
Circumstances:
proven during trial;
2
cannot be offset by mitigating
circumstances;
3
affects the nature of the crime or brings
about a penalty higher in degree than that
ordinarily prescribed.

SUGGESTED ANSWER:

a) Jose, Domingo, and Manolo committed

Robbery,
while
Fernando
committed
complex crime of Robbery with Rape...
b) The crime would be Robbery with
Homicide because the killings were by reason
(to prevent identification) and on the
occasion of the robbery. The multiple rapes
committed and the fact that several persons
were killed [homicide), would be considered
as aggravating circumstances. The rapes are
synonymous
with
Ignominy
and
the
additional killing synonymous with cruelty,
(People vs. Solis, 182 SCRA; People vs. Plaga, 202
c)
The aggravating circumstances which may
SCRA 531)

be considered in the premises are:

1
Band because all the four
offenders are armed;
2
Noctumity because evidently the
offenders took advantage of nighttime;
3
dwelling; and
4
Uninhabited place because the
house where the crimes were committed
was "at a desolate place" and obviously
the offenders took advantage of this
circumstance in committing the crime.

Criminal Law Bar Examination Q & A (1994-2006)

24 of 86

Aggravating; Must be alleged in the information (2000)

Rico, a member of the Alpha Rho fraternity,
SUGGESTED ANSWER:
was killed by Pocholo, a member of the rival
No, the appeal is not meritorious. Recidivism
group, Sigma Phi Omega. Pocholo was
and habitual delinquency are correctly
prosecuted for homicide before the Regional
considered in this case because the basis of
Trial Court in Binan, Laguna. During the
recidivism is different from that of habitual
trial, the prosecution was able to prove that
delinquency.
the killing was committed by means of
Juan is a recidivist because he had been
poison in consideration of a promise or
previously convicted by final judgment for
reward and with cruelty. If you were the
theft and again found guilty for Robbery with
SUGGESTED ANSWER:
Judge, with what crime will you convict
Pocholo should be convicted of the crime of
Homicide, which are both crimes against
Pocholo? Explain. (2%)
homicide only because the aggravating
property, embraced under the same Title
circumstances which should qualify the
(Title Ten, Book Two] of the Revised Penal
crime to murder were not alleged in the
Code. The implication is that he is
Information.
specializing in the commission of crimes
The circumstances of using poison, in
against property, hence aggravating in the
Habitual
delinquency,
brings about an
consideration of a promise or reward, and
conviction
for Robberywhich
with Homicide.
additional penalty when an offender is
cruelty which attended the killing of Rico
convicted a third time or more for specified
could only be appreciated as generic
crimes, is correctly considered ...
aggravating circumstances since none of
Aggravating;
Recidivism vs. Quasi-Recidivism
Aggravating Circumstances;
Kinds & Penalties(1998)
(1999)
them have been alleged in the information to
Distinguish
between
recidivism
and quasiName the four
(4) kinds
of aggravating
qualify the killing to murder. A qualifying
recidivism.
[2%]and state their effect on the
circumstances
circumstance must be alleged in the
SUGGESTED
penalty of ANSWER:
crimes and nature thereof. (3%)
Information and proven beyond reasonable
In
recidivism
SUGGESTED
ANSWER:
Aggravating;
Nighttime;
Bandto(1994)
doubt during
the trial
be appreciated as
1
The
of the offender
are for
The four
(4)convictions
kinds of aggravating
circumstances
At
about
9:30
in
the
evening, while Dino and
such.
crimes
embraced in
the same Title of
Revised Raffy were walking along Padre Faura
1)
GENERIC
AGGRAVATING
orthe
those
are:
Penal
that can
Code;
generally
and
apply to all crimes, and
Street, Manila. Johnny hit them with a rock
2
circumstance
is generic
aggravating injuring Dino at the back. Raffy approached
can beThis
offset
by mitigating
circumstances,
and
but therefore
if not offset,
can bewould
effect by
affect
an ordinary
only the
Dino, but suddenly, Bobby, Steve, Danny and
mitigating
circumstance.
maximum of
the penalty prescribed by law;
Nonoy surrounded the duo. Then Bobby
2)
SPECIFIC AGGRAVATING or those
stabbed Dino. Steve, Danny, Nonoy and
that apply only to particular crimes and
Johnny kept on hitting Dino and Raffy with
cannot
be
offset
by
mitigating
rocks. As a result. Dino died, Bobby, Steve,
3)
QUALIFYING CIRCUMSTANCES or
circumstances:
Danny, Nonoy and Johnny were charged with
those that change the nature of the crime to
homicide. Can the court appreciate the
SUGGESTED ANSWER:
a graver one, or brings about a penalty next
aggravating
circumstances
of nighttime
and
No, nighttime
cannot be appreciated
as an
higher in degree, and cannot be offset by
band?
4)
INHERENT
AGGRAVATING or those
aggravating circumstance because there is
mitigating
circumstances;
that essentially accompany the commission
no indication that the offenders deliberately
of the crime and does not affect the penalty
sought the cover of darkness to facilitate the
whatsoever.
commission of the crime or that they took
Aggravating; Cruelty; Relationship (1994)
advantage of nighttime (People vs. De los
Ben, a widower, driven by bestial desire,
Reyes, 203 SCRA 707). Besides, judicial notice
poked a gun on his daughter Zeny, forcibly
can be taken of the fact that Padre Faura
However,
band should be considered as the
undressed her and tied her legs to the bed.
Street is well-lighted.
crime was committed by more than three
He also burned her face with a lighted
armed malefactors; in a recent Supreme
cigarrete. Like a madman, he laughed while
SUGGESTED
Court decision, stones or rocks are
raping her.ANSWER:
What aggravating circumstances
a)
Cruelty,
for
burning
the
victim's
face
with
considered deadly weapons.
are present in this case?
a lighted cigarrete, thereby deliberately
Aggravating; Recidivism (2001)
augmenting the victim's suffering by acts
Juan de Castro already had three (3) previous
clearly unnecessary to the rape, while the
convictions by final judgment for theft when
offender delighted and enjoyed seeing the
he was found guilty of Robbery with
victim suffer in pain (People vs. Lucas, 181
Homicide. In the last case, the trial Judge
b) Relationship,
because the offended party
SCRA
316).
considered against the accused both
is a descendant (daughter) of the offender
recidivism and habitual delinquency. The
and considering that the crime is one against
accused appealed and contended that in his
chastity.
last conviction, the trial court cannot
consider against him a finding of recidivism
and,
again, of habitual delinquency. Is the appeal
meritorious? Explain. (5%)

Whereas in quasi-recidivlsm
1
The convictions are not for crimes
embraced in the same Title of the Revised Penal
Code, provided that it is a felony that was
committed by the offender before serving
sentence by final judgment for another crime or
while serving sentence for another crime; and
2
This circumstance is a special aggravating
circumstance which cannot be offset by any
mitigating circumstance.

25 of 86
Would you say that the killing was attended
by
the
qualifying
or
aggravating
circumstances of evident premeditation,
SUGGESTED
treachery, ANSWER:
nighttime and unlawful entry?
1. Evident premeditation cannot be
considered against the accused because he
resolved to kill the victim "later in the night"
and there was no sufficient lapse of time
between the determination and execution, to
allow his conscience to overcome the
2.
TREACHERY
resolution
of hismay
will.be present because the
accused stabbed the victim while the latter
was sound asleep. Accordingly, he employed
means and methods which directly and
specially insured the execution of the act
without risk himself arising from the
defense which the victim might have made
(People vs. Dequina. 60 Phil. 279 People vs.
3. Nighttime
appreciated because
Miranda,
et at.cannot
90 Phil.be
91).

there is no showing that the accused

deliberately sought or availed of nighttime
to insure the success of his act. The
Intention to commit the crime was
conceived shortly before its commission
(People vs Pardo. 79 Phil, 568). Moreover,
4.
UNLAWFUL
ENTRYin
may
be appreciated
nighttime
is absorbed
treachery.
as an aggravating circumstance, inasmuch
as the accused entered the room of the
victim through the window, which is not the
proper place for entrance into the house
(Art. 14. par. 18. Revised Penal Code, People vs.
Baruga 61 Phil. 318).

Aggravating; Treachery & Unlawful Entry (1997)

The accused and the victim occupied
adjacent apartments, each being a separate
dwelling unit of one big house. The accused
suspected his wife of having an illicit relation
with the victim. One afternoon, he saw the
victim and his wife together on board a
vehicle. In the evening of that day, the
accused went to bed early and tried to sleep,
but being so annoyed over the suspected
relation between his wife and the victim, he
could not sleep. Later in the night, he
resolved to kill victim. He rose from bed and
took hold of a knife. He entered the
apartment of the victim through an unlocked
window. Inside, he saw the victim soundly
asleep. He thereupon stabbed the victim,
inflicting several wounds, which caused his
death within a few hours.

Criminal Law Bar Examination Q & A (1994-2006)

Road, Las Pinas, Metro Manila. She testified

during the trial that she merely bought the
same from one named Cecilino and even
produced a receipt covering the sale.
Cecilino, in the past, used to deliver to her
jewelries for sale but is presently nowhere
to be found. Convicted by the trial court for
violation of the Anti-Fencing Law, she
argued (or her acquittal on appeal,
contending that the prosecution failed to
SUGGESTED ANSWER:
prove that she knew or should have known
No, Flora's defense is not well-taken because
that the Jewelries recovered from her were
mere possession of any article of value which
the proceeds of the crime of robbery or
has been the subject of theft or robbery shall
theft.
be prima facie evidence of fencing (P.D.No.
1612). The burden is upon the accused to
prove that she acquired the jewelry
legitimately. Her defense of having bought
the
Jewelry
from
someone
whose
whereabouts is unknown, does not overcome
the presumption of fencing against her
(Pamintuan vs People, G.R 111426, 11 July
1994). Buying personal property puts the
buyer on caveat because of the phrases that
he should have known or ought to know that
it is the proceed from robbery or theft.
Besides,
she Fencing
should
have
followed
Anti-Fencing Law;
vs. Theft
or Robbery
(1995) the
administrative procedure under the decree
What is the difference between a fence and
that of getting a clearance from the
an accessory to theft or robbery? Explain.
authorities in case the dealer is unlicensed in
Is there any similarity between them?
order
to escape
liability.
SUGGESTED
ANSWER:
One difference between a fence and an
accessory to theft or robbery is the penalty
involved; a fence is punished as a principal
under P.D. No. 1612 and the penalty is
higher, whereas an accessory to robbery or
theft under the Revised Penal Code is
punished two degrees lower than the
principal, unless he bought or profited from
the proceeds of theft or robbery arising from
robbery in Philippine highways under P.D.
No. 532 where he is punished as an
Also,
fencing
is a the
malum
prohibitum
and
accomplice,
hence
penalty
is one degree
therefore
there
is
no
need
to
prove
criminal
lower.
intent of the accused; this is not so in
SUGGESTED of
ANSWER:
violations
Revised Penal Code.
Yes, there is a similarity in the sense that all
the acts of one who is an accessory to the
crimes of robbery or theft are included in
the acts defined as fencing. In fact, the
accessory in the crimes of robbery or theft
could be prosecuted as such under the
Revised Penal Code or as a fence under P.D.
No. 1612. (Dizon-Pamintuan vs. People, 234
Anti-Fencing
Law; Fencing; Elements (1995)
SCRA 63]
What are the elements of
SUGGESTED ANSWER:
fencing?
The elements of fencing are:
a.
a crime of robbery or theft has been
committed;

26 of 86
1
accused, who is not a principal or
accomplice in the crime, buys, receives,
possesses, keeps, acquires, conceals, or
disposes, or buys and sells, or in any manner
deals in any article, item , object or anything
of value, which has been derived from the
proceeds of said crime;
2
the accused knows or should have
known that said article, item, object or
anything of value has been derived from the
from the proceeds of the crime of robbery or
theft; and
3
there is on the part of the accused,
intent to gain for himself or for another.

ALTERNATIVE
CIRCUMSTANCES
Alternative Circumstances; Intoxication (2002)
A was invited to a drinking spree by friends.
After having had a drink too many, A and B
had a heated argument, during which A
stabbed B. As a result, B suffered serious
physical injuries. May the intoxication of A
SUGGESTED
ANSWER:
be considered
aggravating or mitigating?
The
intoxication
of A may be prima facie
(5%)
considered mitigating since it was merely
incidental to the commission of the crime. It
may not be considered aggravating as there
is no clear indication from the facts of the
case that it was habitual or intentional on the
part of A. Aggravating circumstances are not
to be presumed; they should be proved
beyond
reasonable
doubt
PERSONS
Criminally
Liable for

FELONIES
Anti-Fencing Law; Fencing (1996)
Flora, who was engaged in the purchase and
sale of jewelry, was prosecuted for the
violation of P.D. 1612, otherwise known as
the Anti-Fencing Law, for having been found
to be in possession of recently stolen
Jewelry valued at P100,000.00 at her
jewelry shop at Zapote

Criminal Law Bar Examination Q & A (1994-2006)

9) decision
held
more
celebration
The
crime,
maximum
liable
crimes
the
Those
death
as
by
provided
resulted.
of
who,
an
having
the
accessory.
penalty
upon
trial
aThis
therein,
drinking
the
judge
can
isWill
approval
be
provided
isimposed
MCB's
i.e.
spree
not correct.
of
twelve
at
for
thein
defense
modified
Jona's
When
since
years.
law
(December
the
the
place
(People
prosper?
form
offender
offender
by in
vs.
exploding
5, the
Reason
1933).
is
Rosalina
made
already
firsthad
use
briefly.
their
part
Reyes,
of
been
ofhigh-powered
legal
of
an
(5%)
Article
186
sentenced
automatic
age
SCRA
48,
SUGGESTED
ANSWER:
184)
Revised
firecrackers
firearm,
when
by
final
heJudgment;
the
Penal
committed
in
acts
their
Code,
committed
the
neighborhood.
limiting
crime.are
thedetermined
In
resulting
the
No,
MCB's
defense
will
not
prosper
because
Indeterminate
Sentence
Law
(1999)
10)
Those
sentenced
to
the
penalty
of
crimes
course
by
theoftotheir
number
only
conversation,
grave
of
bullets
and/or
Jonas
less
discharged
confided
grave
the
exemption
from
criminal
liability
of an by
Andres
is
charged
with
an
offense
defined
Circumstance
no.
3
no
longer
operates,
destierro
oras
suspension.
felonies.
to
inasmuch
Jaja that
Hence,
he
the
haslight
been
firearm
felonies
keeping
being
are
a long-time
automatic,
excluded
accessory
bythe
virtue
ofonly
relationship
with
thethe
a
special
law.
The
penalty
prescribed
for
considering
decision
ofpress
the
Supreme
even
grudge
the
offender
though
against
resulting
need
his
neighbor
from
the
Jepoy
same
the
in
view
trigger
single
of
Indeterminate
Sentence
Law;
Exceptions
(2003)
principal
does
not
cover
accessories
who
offense
is
imprisonment
of
not
less
than
five
COMPLEX
CRIMES
result
when
the
Court
in
People
vs.
Efren
Mateo
(G.R.
act. latter's
the
once
and itrefusal
would to
fire
lend
continually.
him some For
money.
each
When
would
the
Indeterminate
Sentence
themselves
profited
or
assisted
theyears.
(5)
years
but
not
more
than
ten
[10)
offender
has
to
commit
an
offense
as a
147678-87,
July
7,
2004)
providing
an
While
death
under
caused
the
by
influence
afrom
distinct
of
liquor,
and
Jonas
separate
Law
be
inapplicable?
4%
offender
to
profit
by
the
effects
or
proceeds
Upon
arraignment,
he
entered
a
plea
of
necessary
means
for
committing
another
intermediate
review
for
such
cases
where
started
bullet,
the
throwing
accused
lighted
incurs
super
distinct
lolos inside
criminal
SUGGESTED
ANSWER:
of
the
crime.
This
non-exemption
of
an
guilty.
In
the
imposition
ofthe
the
proper
penalty,
offense.
Only
one
information
shall
be
filed
the
penalty
imposed
isnot
death,
reclusion
Jepoy's
liability.
fence
Hence,
to
irritate
it
is
him
and
act
the
of
same
pressing
The
Indeterminate
Sentence
Lawprincipal
is not of
accessory,
though
related
tobe
the
should
Indeterminate
Sentence
Law
be
and trigger
if the
proven,
the
penalty
for
thethey
more
perpetua
or
life
imprisonment
before
exploded
the
inside
which
the
should
latter's
yard.
considered
Upon
as
1)
those
persons
convicted
of
offenses
applicable
to:
In
circumtances
nos.
&
5,
the
death
the
crime,
expressly
provided
insuper
Art.
20
of
applied?
Ifisthe
you
were
the
Judge
trying
the
serious
crime
shall
be4imposed.
are
elevated
to
the
Supreme
Court.
knowing
producing
that
the
several
throwing
felonies,
of
the
but
lolo
the
punished
with
death
penalty
or lifeCriminal
Liability;
Principal
by
Direct
Participation;
CoSUGGESTED
ANSWER:
Complex
Crimes;
Crime
vs.
Nature
Special
& Penalty
Complex
Involved
Crime
vs.
(1999)
Delito
penalty
can
be
imposed
if prescribed
by
theon
the
Revised
Penal
Code.
case,
what
penalty
would
you
impose
was
number
deliberate,
of
bullets
Jepoy
which
became
actually
furious
produced
and
imprisonment
or
reclusion
perpetua;
Yes,
the
Indeterminate
Sentence
Law
should
Principal
by
Indispensable
Cooperation
(2000)
Continuado
(2005)
What
constitutes
a
complex
crime?
How
law
violated
although
its
execution
shall
be
Andres?
(4%)
sternly
them.
warned
Jonas
to stopthe
his
malicious
2)
those
convicted
ofadvertising
treason,
conspiracy
orin
be
applied
because
minimum
Despite
the
massive
campaign
Distinguish
the
following
from
each
many
crimes
maybe
involved
in
a
complex
suspended
when
the
convict
becomes
act
or he
would
get
what
heand
wanted.
A
proposal
to
commit
treason;
3)
those
imprisonment
is
more
than
one
(1)
year.
media
against
firecrackers
gun-firing
SUGGESTED
ANSWER:
other: before
crime?
What is
penalty
therefor?
(4%)
insane
it the
could
be executed
and
while
heated
argument
between
Jonas
and
Jepoy
convicted
of
misprision
of treason,
An
ORDINARY
COMPLEX
CRIME
is
made
SUGGESTED
ANSWER:
during
the
New
Year's
celebrations,
Jonas
Likewise,
the
death
penalty
can
be rebellion,
imposed
he
is
insane.
ensued
but
Jaja
tried
calm
down
his
friend.
sedition
or
espionage;
4)constituted
those
convicted
ofan
If
IofJaja
the
Judge,
Iof
will
impose
A
crime
isto
when
a
up complex
two
or
more
crimes
being
punished
in
and
bought
ten
boxes
super
lolo
upon
awere
woman
but
its
execution
shall
beand
At
midnight,
Jonas
convinced
Jaja
to
lend
him
piracy;
5)
those
who
are
habitual
indeterminate
sentence,
the
maximum
of
single
act
caused
two
or
more
grave
or
less
distinctin
provisions
of the
Revised
Penal
pla-pla
Bocaue,
Beforeand
midnight
suspended
during Bulacan.
her
pregnancy
forCode
his
.45
caliber
pistol
so
that
he
use
it is
to
delinquents;
6)
those
who
shall
have
which
shall
not
exceed
the
maximum
fixed
ALTERNATIVE
ANSWER:
grave
felonies
or
when
ancould
offense
butDecember
alleged
in
one
information
either
of
31,
1999,
Jonas
and
Jaja
started
one
year
after
her
delivery.
knock
down
Jepoy
and
to
end
his
arrogance.
escaped
from
confinement
or
The
word
"INFLICTED"
is
found
only
in
Art.
by
law
and
the
minimum
shall
not
be
less
committed
as
a
necessary
means
to
commit
because
they
were
brought
about
by
a
single
their celebration by having a drinking spree
evaded
sentence;
Jonas
thought
that
after
all,
explosions
were
83
to
the
effect
that
the
death
penalty
may
than
the
minimum
penalty
prescribed
by
the
another
offense
(Art.
48,
RPC).
At
least
two
felonious
act
or
because
one
offense
is
a
at
Jona's
place
by
exploding
their
high7)
those
who
having
been
granted
everywhere
and
nobody
would
know
who
not
be
"INFLICTED"
upon
a
pregnant
same.
I
have
the
discretion
to
impose
the
(2)
crimes
are
involved
in
a
complex
crime;
necessary
means
for
committing
the
other
powered firecrackers in their neighborhood.
conditional
pardon
by
the
Chief
Executive
shot
Jepoy.
After
Jaja
lent
toin
woman,
such
penalty
is
tohis
be firearm
suspended.
If
penalty
within
the
said
minimum
and
either
two
or
more
grave
or
less
grave
offense
or
offenses.
They
are
alleged
one
In
the
course
of their
conversation,
Jonas
Indeterminate
Sentence
Law
(1999)
shall
have
violated
the
terms
thereof;
Jonas,
the
latter
again
started
throwing
"INFLICTED"
to from
be
construed
as
maximum.
felonies
resulted
aone
single
act,shall
or abe
an
information
soisthat
only
penalty
confided
to
Jaja
that
he
has
been
keeping
8)
those
whose
maximum
term
of
A
was
convicted
of and
illegal
possession
ofmeans
lighted
super
lolos
pla-plas
atchoice.
Jepoy's
"EXECUTION",
then
No.
5a
is
the
offense
is As
committed
as
necessary
imposed.
to
penalties,
ordinary
complex
long-time
grudge
against
his
neighbor
Jepoy
imprisonment
does
not
exceed
one
year;
9)
Death
Penalty;
Qualified
Rape;
(2004)
grease
and
two
Thompson
sub-machine
yard
in guns
order
to
provoke
him
so
that
he
for
committing
another.
The
penalty
for the
crime,
thethe
penalty
forRequisites
theto
most
serious
in
view
of
latter's
refusal
lend
him
those
already
sentenced
by
final
judgment
guns
punishable
under
the
old
law
No,4]
GV
was
convicted
of
raping
TC,
his
niece,
A
SPECIAL
COMPLEX
CRIME,
on [RA
the
other
SUGGESTED
ANSWER:
would
come
out
of
his
house.
When
Jepoy
more
serious
crime
shall
be
imposed
and
crime
shall
be
imposed
and
its
maximum
some
money.
While
under
thein
influence
of in
at
the
time
of
approval
of
this
Act;
and
10)
Complex
Crimes;
Ordinary
Complex
Crime
vs.
Special
Jonas
and
Jaja,
can
be
charged
with
the
with
imprisonment
of
from
five
(5)
to
ten
and
he
was
sentenced
to
death.
It
was
hand,
is
made
up
of
two
or
more
crimes
came
out,
Jonas
immediately
shot
him
with
its
maximum
period. throwing
(Art. 48, RPC)
period
liquor,
Jonas
started
lighted
super
those
whose
sentence
imposes
penalties
Complex
Crime
(2003)
complex
of
attempted
murder
with
(10)
years.
The
trial
court
sentenced
the of
alleged
incrime
the
information
that
the
which
are
considered
only
as
components
Jaja's
.45
caliber
gun
but
missed
hisvictim
target.
lolos
inside
Jepoy's
fence
to irritate
him
and
which
do
not
involve
imprisonment,
like
Distinguish
between
an
ordinary
complex
homicide
because
a
single
act
caused
a(5)
less
accused
to
suffer
imprisonment
of
five
was
a
minor
below
seven
years
old,
and
herin
a single indivisible
offense
being
punished
Instead,
the
bullet
hit
Jepoy's
five
year
old
the
same
exploded
inside
the
latter's
yard.
SUGGESTED
ANSWER:
destierro.
crime
and
a
special
complex
crime
as
to
grave
and
a
grave
felony
(Art.
48.
RPC).
years
and
one
(1)
day.
Is
the
penalty
thus
mother
testified
that
she
was
only
six
years
one
provision
of
the
Revised
Penal
Code.
As
son who
was following
behind
him,
killing
Upon
knowing
that
the
throwing
of
the
Indeterminate
Sentence
Law
does
not super
apply
Penalties:
Fine
orspecial
Imprisonment
vs.
Subsidiary
Attempted
murder
is
a
less
grave
felony,
their
concepts
and
as
to
the
imposition
imposed
correct?
Explain.
(3%)
and
ten
months
old,
which
her
aunt
to
penalties,
complex
crime,
only
one
the boy
instantaneously,
a)became
What crime
or of
lolo
was
deliberate,
Jepoy
furious
to:
The
penalty
being
a straight
Imprisonment
(2005)
SUGGESTED
while
consummated
homicide
isonly
a grave
penalties.
2%
corroborated
onimposed,
the
witness
stand.
The
penalty
is ANSWER:
specifically
prescribed
for
all the
crimes
can
Jonas
and
Jaja
be
charged
with?
and
sternly
Jonas
stop
his
penalty,
is
not
it does
E
and
M
arewarned
convicted
ofbecause
atopenal
law
that not
IN
CONCEPT
- correct
felony:
both
are
punishable
by
afflictive
information
also
alleged
that
the
accused
component
crimes
which
are
regarded
as
Explain.
(2%)
malicious
act
or
he
would
get
what
he
comply
with
the
Indeterminate
Sentence
Law
An
ORDINARY
COMPLEX
CRIME
is
imposes
a
penalty
of
fine
or
imprisonment
or
On
automatic
review
before
the
Supreme
penalties.
was
victim's uncle,
a factThe
proved
by made
the
one the
indivisible
offense.
component
wanted.
Aand
heated
argument
between
Jonas
which
applies
to this
case.
Said
law
requires
up
offine
two
or
more
crimes
being
punished
in
both
imprisonment.
judge
Complex
Crime;
Doctrine
of Aberratio
Ictus;
Not
Court,
accused-appellant
contends
that
prosecution.
crimes
are
not
regarded
asThe
distinct
crimes
and
Jepoy
ensued
but
Jaja
tried
to
calm
down
that
if punishment
the
offense
isthe
punished
by any
law
distinct
provisions
of
Revised
Penal
Code
Applicable
(1996)
sentenced
them
to
pay
the
fine,
jointly
and
capital
could
not
be
imposed
on
and so the penalty for the most serious
his
friend.
At
midnight,
Jonas
convinced
Jaja
other
than
the
Revised
Penal
Code,
court
butthe
alleged
in
one
Information
either
severally,
with
in
At
height
ofsubsidiary
an
altercation,
Pedrito
him
because
of
the
inadequacy
of thetheshot
crime
is
not
the
penalty
toimprisonment
be imposed
nor
in
to
lend
him
his
.45
caliber
pistol
so
that
he
shall
sentence
the
accused
to
an
because
they
were
brought
about
by
a
single
case
of
insolvency.
Is
the
penalty
proper?
Paulo
but
missed,
hitting
Tiburcio
instead,
charges
and
the
insufficiency
of
the
evidence
its
maximum
period.
It
is
the
penalty
SUGGESTED
ANSWER:
could
use
it
to
knock
down
Jepoy
and
to
end
indeterminate
sentence,
the
maximum
term
felonious
act
or
because
one
offense
is
a
Explain.
resulting
in provided
deathfor
of the
latter.
Pedrito,
to
prove all
the elements
of the
heinous
specifically
the
special
complex
The
penalty
is not
proper.
The
two
accused
his
arrogance.
Jonas
thought
that
after
all,
DELITO
CONTINUADO,
or
CONTINUOUS
of
which
shall
not
exceed
the
maximum
necessary
means
for
committing
the
other
invoking
the
doctrine
of
aberratio
ictus,
crime
of
rape
beyond
reasonable
doubt.toIsthe
crime
that
shall
be applied
according
must
separately
the
fine,
which
their
SUGGESTED
explosions
were
everywhere
and
nobody
CRIME,
isANSWER:
acontention
term
used
to
denote
asis
only
one
penalty
fixed
bypay
the
law
and
the
minimum
offense
or
offenses.
They
are
alleged
in Ifone
claims
exemption
from
criminal
liability.
appellant's
correct?
Reason
rules
on
imposition
of
the
penalty.
Indeterminate
Sentence
Law
(2002)
penalty.
Solidary
liability
applies
only
to
civil
Yes,
appellant's
contention
is
correct
insofar
SUGGESTED
ANSWER:
would
know
who
shot
Jepoy.
After
Jaja
lent
crime
a
series
of
felonious
acts
arising
from
a
shall
not
be
less
than
the
minimum
penalty
Information
so
that
only
one
penalty
shall
be
you
were
the
judge,
how
would
you
decide
briefly. (5%)ANSWER:
ALTERNATIVE
How
are
the
maximum
and
the
minimum
liabilities.
If
ISPECIAL
were
the
Judge,
I the
will
convict
Pedrito
andof
as
the
age
of
the
victim
is
concerned.
The
A
COMPLEX
CRIME,
on
the
other
his
firearm
to
Jonas,
latter
again
started
single
criminal
resolution,
not
susceptible
prescribed
by
the
same.
imposed.
the
case?
NO,
because
penal
law
when
thereof
are
terms
of
theinof
indeterminate
sentence
for
find
him
guilty
theof
complex
crime
age
hand,
of
the
is
made
victim
up
raped
two
has
not
orout
more
been
proved
crimes
started
throwing
lighted
super
lolos
and
pladivision,
which
are
carried
in
the
same
several
offenders,
the
court
in
the
exercise
of
offenses
punishable
under
the
Revised
Penal
Homicide
with
Attempted
Homicide.
The
SUGGESTED
ANSWER:
beyond
reasonable
doubt
to
constitute
the
which
are
considered
only
as
components
plas
at
Jepoy's
yard
in
order
to
provoke
him
place
and atshall
about
the same
time,beof
and
its
discretion
determine
what
shall
SUGGESTED
ANSWER:
Icrime
would
convict
Jonas
as
principal
by
direct
Code
determined?
(3%)
single
act
of
firing
at
Paulo
resulted
in
the
a
single
as
indivisible
rape
offense
and
deserving
being
punished
of
the
so
that
hequalified
would
come
out
of
his
house.
violating
one
and
the
same
penal
provision.
For
crimes
punished
under
the
Revised
Penal
the
share
of
each
offender
depending
upon
participation
and
Jaja
as
co-principal
by
commission
of
two
felonies,
one
grave
death
penalty.
The
guidelines
in
in
one
provision
of
the
Revised
Penal
Code.
When
Jepoy
came
out,
Jonas
immediately
The
actsthe
done
must be impelled
one
Code,
maximum
term
ofby the
the TO
degree
ofage
participation
as
principal,
AS
PENALTIES
ORDINARY
Indispensable
cooperation
for
the
complex
(homicide)
and
the
other
less
grave
appreciating
a-In
qualifying
shot
him
with
Jaja's
.45
caliber
gun
but
criminal
intent
oras
purpose,
such
that
each
act
Indeterminate
sentence
shall
be
the
penalty
accomplice
or
accessory.
If
within
each
class
birth
certificate;
2)Instead,
Incases
the
absence
ofshould
the
COMPLEX
CRIME,
the
penalty
for
the
most
crime
ofhis
murder
with
homicide.
Jaja
(attempted
homicide)
thus
falling
squarely
circumstance
in rape
have
not
been
missed
target.
the
bullet
hit
merely
constitutes
a
partial
execution
of
a
properly
imposable
under
the
same
Code
of
offender,
there
are
more
of
them,
such
as
birth
certificate,
age
of
the the
serious
crime
be
imposed
and
in
its
be
held
liable
as
co-principal
and
not
only
as
under
Art.
48,
RPC;
hence,
penalty
met,
to
wit:
1)shall
The
primary
evidence
of
the
Jepoy's
five
year
old
son
who
was
following
particular
crime,
violating
one
and
the
same
after
considering
the
attending
mitigating
more
one
principal
or
more
than
one
victim
maybe
proven
byknew
authentic
document,
maximum
period.
an
accomplice
because
he
of
Jonas'
would
be
for
the
more
serious
crime
age
ofthan
the
victim
is
her
behind
him,
killing
the
boy
instantaneously,
penal
provision.
It
involves
aliability
concurrence
of
and/or
aggravating
circumstances
according
accomplice
or
accessory,
the
in
eachIf
as
baptismal
certificate
and
school
records;
Aberratio
ictus
(mistake
in
the
blow)
could
such
criminal
design
even
before
he
lent
his
(homicide}
inJudge,
itsviolating
maximum
period
(17
years
you
were
the
how
would
you
decide
felonious
acts
a
common
right,
to
Art,
64
of
said
Code.
The
minimum
term
ofa
class
ofused
offender
shall
be
subsidiary.
Anyone
3)
IfSPECIAL
the
aforesaid
documents
are
shown
In
COMPLEX
CRIME,
only
one
not
be
as
aday
defense
as
it
is not
an
firearm
to
Jonas
and
still
he
concurred
into
4
months
and
1
to
20
years).
the
case?
Explain.
(1%)
common
penal
provision,
and
Impelled
by
the
lost
same
or
destroyed
shall
orprescribed
otherwise
be
fixed
unavailable,
within
thea the
of
the
may
beAberratio
required
to
pay
the
civil
Complex
Crime;
ictus
vs.
error
in is
personae
penalty
have
been
is sentence
specifically
for
all the
exempting
circumstance.
Pedrito
liable
that
criminal
design
by
providing
the
single
criminal
impulse
(People
vs.
Ledesma,
73
Criminal
Liability;
Principal
by
Inducement
(2002)
testimony,
if clear
and
credible
of
the victim's
range
of
the
penalty
next
lower
inwhich
degree
to
liability
pertaining
to
such
offender
without
(1994)
component
crimes
which
are
regarded
as
under
the
principle
of
Art.
4,
RPC,
firearm.
SCRA
77).
May
the
judge
impose
an
alternative
Under
the
law,
what
is
the
purpose
for
mother
any
member
ofaunder
the
family,
by
A asked
toor
kill
Coffense.
because
of
grave
that
prescribed
for
the
crime
the
said
prejudice
to
recovery
from
those
whose
Distinguish
aberratio
ictus
from
error
in
one
indivisible
The
component
makes
aB
person
criminally
liable
for
all
the
penalty
of
fine
imprisonment?
fixing
the
maximum
and
theis
minimum
consanguinity
affinity,
who
qualified
to
SUGGESTED
ANSWER:
injustice
done
toor
Aor
by
C. A
promised
B crimes
a
Code.
share
have
been
paid
by
another.
personae.
crimes
are
not
regarded
as
distinct
natural
and
logical
consequences
of
his
SUGGESTED(4%)
ANSWER:
Explain.
terms
of
the
indeterminate
sentence?
on
matters
respecting
pedigree
such
as
the
testify
reward.
waspenalty
willing to
C, not
so much
and
so Bthe
forkill
the
most
serious
felonious
act
SUGGESTED ANSWER:
(2%)
exact
age
because
of
the
to himnor
but in
crime
is not
thereward
penaltypromised
to be imposed
its maximum period. It is

27 of 86
28
29
30
31
32
33
Complex
Crimes;
Coup
detat
& own
rebellion
& sedition
No.
Aberratio
The
because
the
or
A
penalty
purpose
date
fine,
he of
ictus
also
whether
birth
specifically
of
had
or
of
the
his
imposed
mistake
the
law
offended
provided
long-standing
in
as
in
afixing
party
the
single
for blow
the
or
(2003)
occurs
minimum
as
special
an alternative
complex
when
term
ofcrime
felonious
the
penalty,
sentence
that
shall
act
should
is
missed
be
tonot
applied
set
and
the
grudge
pursuant
against
toaC,
Section
who
had
40, wronged
Rule
130
him
of
the
in
1)
there
be
a which
complex
crime
ofAcoup
person
grace
cannot
theCan
according
Rules
past.
period
against
be
If
on
to
Creduced
Evidence
is
the
atwhom
killed
rules
by
it
shall
oron
was
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B,converted
imposition
would
be
convict
directed
sufficient
be
may
and
into
of but
the
hit
bea
SUGGESTED
ANSWER:
d'etat
with
rebellion?
2)
there
be afor
instead
released
prison
penalty.
somebody
term.
on
parole
There
who
from
was
is Can
not
no
imprisonment,
the
rule
intended
liable
only
as
under
a
principal
the
following
by2%
inducement?
circumstances:
(5%)
No.
A would
liable
as
awith
principal
by3of
Continuing
Offense
vs.be
Delito
Continuado
(1994)
complex
crime
of
coup
d'etat
sedition?
victim.
unless
transmutation
(a)
If
by
Error
the
hisnot
victim
conduct
of
in
the
personae,
is
amount
alleged
he
is not
to
of
or
be
deserving
amistake
fine
below
into
in
a
inducement
because
the
reward
he
promised
Differentiate
delito
continuado
from
2%
identity
parole
term
of
and
occurs
imprisonment.
when
the
continue
(People
v.serving
Dacuycuy,
act
hisa
years
ofthus
age he
andshall
what
isfelonious
sought
to
be was
B
isproved
not
the
sole
impelling
reason
which
SUGGESTED
ANSWER:
continuing
offense.
G.R.
No. term
L-45127
directed
prison
at
is
the
that
in May
Jail
person
she5,but
is1989)
less
intended,
in
than
no case
7
years
buttowho
old;
go
1)
Yes,
if
there
was
conspiracy
between
Penalties:
Pecuniary
Penalties
vs.
Pecuniary
SUGGESTED
ANSWER:
made
B
to
kill
C.
To
bring
about
criminal
turned
beyond
the
maximum
be somebody
termelse.
Aberratio
in the
(b) Ifout
theto
victim
is alleged
tofixed
be Liabilities
below
7
DELITO
CONTINUADO,
orinducement
CONTINUOUS
the
(2005)
offender/
offenders
committing
coup
liability
ofof
aSentence
co-principal,
the
Indeterminate
Law
(2005)
ictus
sentence.
years
brings
age
about
and
atwhat
least
istwo
sought
(2) the
felonious
to be
CRIME,
is
a
term
used
to
denote
as
only
one
d'etat
and
the
offenders
committing
the
Distinguish
pecuniary
penalties
from
made
bywas
the
inducer
must
bethan
thefelony
sole
Harold
of less
a crime
defined
and
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ie. the
on
the
proved
isconvicted
that
sheattempted
is
12 years
crime
a
series
of
felonious
acts
arising
from
a
rebellion.
By
conspiracy,
the
crime
of
one
pecuniary
liabilities.
(2%)
consideration
which
caused
the
person
penalized
by
a special
penal
lawhit
where
the
intended
old; (c)victim
If the
victim
who was
is alleged
not
to
be
andbelow
the
SUGGESTED
ANSWER:
single
criminal
resolution,
not
susceptible
of
would
4)
be
In
the
crime
absence
of
of
the
a
other
certificate
and
vice
of
live
induced
to
commit
the
crime
and
without
imposable
penalty
is
from
6
months,
as
felony
on theof
unintended
victim
who was
hit.
12 years
age and what
is not
sought
to be
Pecuniary
do
include
division,
which
are
carried
out
in
the
same
birth,
authentic
document,
orthan
the
testimony
versa.
This
isliabilities
possible
because
the
offender
which
the
crime
would
not
have
been
minimum,
to
3
years,
as
maximum.
A
complex
proved
is
crime
that
of
she
the
is
first
less
form
18
under
years
Art.
restitution,
but
include
reparation
of
Criminal
Liability;
Accessories
&the
Fence
(1998)
Complex
Crime;
Aberratio
Ictus,
Error
In
Personae
& may
place
and
at
about
the
same
time,
and
State
with
reasons
whether
the
court
in
of
coup
the
victim's
d'etat
may
mother
be
any
or
relatives
person
or
concerning
persons
committed.
The
facts
of
case
48,
RPC
generally
result.
Inindicate
error
in
old.
damages
caused,
the
indemnification
for
Praeter
Intentionem
(1999)
Kingvictim's
went
to
the
house
of
Laura
who
was
violating
one
and
the
same
penal
provision.
correctly
the
following
penalties:
the
age
under
the
circumstances
belonging
to
the
military
or
the
national
that
B,
theimpose
killer
supposedly
induced
by A,
personae
only
one
crime
is
committed
Criminal
Liability;
Principal;
Participation
consequential
damages,
as
as
fines
and
What
do
you
understand
by
aberratio
ictus:
alone.
Laura
offered
him
drink
after
The
done
must
be
impelled
by
one
police
above-stated,
or
a
public
complainant's
officer,
whereas
sole
testimony
rebellion
a)
aacts
straight
penalty
of&of
10
had
his
own
reason
toInducement
kill
Cawell
out
aand
long
(1994)
cost
of
the
proceedings.
SUGGESTED
ANSWER:
error
in
personae;
and
praeter
intentionem?
consuming
three
beer.
King
made
criminal
or bottles
purpose,
that
each
can
suffice,
provided
thatof
it such
is
expressly
and
does
not intent
so
require.
Moreover,
the
crime
of act
months;
standing
grudge.
Pecuniary
penalties
include
and
cost
ofa
Yes,
because
the
isfines
less
than
one
Tata
owns
amay
three-storey
building
located
at
Do
they
alter
the
criminal
liability
of
an
advances
to
her
and
with
force
and
violence,
merely
constitutes
a
partial
execution
of
coup
clearly
d'etat
admitted
be
bypenalty
committed
the
accused
singly,
(People
us.
the
proceedings.
year,
a
straight
penalty
may
be
imposed.
No.
3 Herran
Street.
Paco,
Manila.
She
SUGGESTED
ANSWER:
accused?
Explain.
(4%)
ravished
her.
Then
King killed
Laura
particular
crime,
violating
and
the and
same
Pruna,
390rebellion
SCRA
577
[2002]).
whereas
requires
aone
public
uprising
ABERRATIO
ICTUS
mistake
in
the
blow
Habitual
Delinquency
&ItRecidivism
(2001)
(People
v.
Arellano,
G.R.
No,
46501,
October
5, of
wanted
tojewelry.
construct
aornew
building
but
had
took
her
penal
provision.
involves
a
concurrence
and
taking
up
arms
to
overthrow
the
duly
ALTERNATIVE
ANSWER:
Penalties;
Complex
Crime
of
Estafa
(1997)
occurs
when
the
offender
delivered
the
blow
1939)
Juan
de
Castro
already
had
three
(3)
previous
no
money
to
finance
the
construction.
So,
she
Doming, King's
adopted
brother,
learned
felonious
acts
violating
a
common
right,
constituted
government.
Since
the two
Under
the
Indeterminate
Sentence
Law,
the a
A
was
of victim
the
complex
crime
of
at
hisconvicted
intended
but
missed,
and
convictions
by
final
judgment
for
theft
when
insured
the
building
for
P3,000,000.00.
She
about
the
incident.
He
went
topunished
Laura's
common
penal
provision,
and
impelled
crimes
are
essentially
different
and
minimum
imposable
penalty
shall by
be a
On
the
other
hand,
aof everything
CONTINUING
estafa
through
falsification
public
instead
such
blow
landed
on
an
unintended
he
was
found
guilty
ofcleaned
Robbery
with
then
urged
Yoboy
and
Yongsi,
for
monetary
house,
hid
her
body,
and
single
criminal
impulse
(People
vs.
Ledesma,
73
with
distinct
penalties,
there
is
no
legal
imposed
but
the
maximum
shall
not
exceed
OFFENSE
is
one
whose
essential
ingredients
document.
Since
the
amount
Involved
did
2)
Yes,
coup
d'etat
can
be
complexed
victim.
The
situation
generally
brings
about
Homicide.
the
last
case,
the
trial
Judge
consideration,
to
burn
her
building
so
she
washed
theIn
bloodstains
inside
the
room.
SCRA
77).
impediment
to
the
application
of
Art.
48
of
the
maximum
imposable
by
law.
took
place
in
more
than
one
or
not
exceed
P200.00,
the
penalty
prescribed
with
sedition
because
the
two
crimes
are
Later,
King
gave
Jose,
his
legitimate
brother,
complex
crimes
where
from
amunicipality
single
act,
two
considered
against
the
accused
both
could
collect
the
insurance
proceeds.
Yoboy
the
Revised
Penal
Code.
b)
6
months,
as
minimum,
to
11
months,
city,
so
much
so
that
the
criminal
by
law
for
estafa
is
arresto
mayor
in
its
essentially
different
and
distinctly
punished
one more
piece and
of jewelry
belonging
Laura.
or
grave
or said
less
gravetoresulting
felonies
recidivism
habitual
delinquency.
The
and
Yongsi
burned
the
building
as
maximum;
SUGGESTED
ANSWER:
prosecution
may
be
instituted
and
the
case
medium
and
maximum
periods.
The
penalty
under
the
Revised
Penal
Code.
Sedition
may
Jose
knew
that
the
jewelry
was
taken
resulted,
namely
the
attempt
against
the
accused
appealed
and
contended
that
infrom
his
to
its
total
loss.
What
is
their
respective
SUGGESTED
ANSWER: by inducement because
Tata
isindirected
a the
principal
tried
competent
court
of
any
one
of
prescribed
by
law
for
falsification
of
public
not
be
against
the
Government
or
Laura
butliability?
nonetheless
he
soldSentence
it for P2,000.
intended
victim
andtrial
the
consequence
onLaw
the
last
conviction,
the
court
cannot
criminal
No,
because
Indeterminate
she
directly
induced
Yoboy
and Yongsi,
for
a
The
term
"CONTINUED
CRIME"
or
delito
such
municipality
or
city.
document
is
prision
mayor
plus
fine
not
to
non-political
in
objective,
whereas
coup
d'etat
unintended
victim.
As
complex
crimes,
the
consider
against
him athe
finding
of recidivism
does
not
apply
when
penalty
imposed
is
SUGGESTED
ANSWER:
price
or
monetary
consideration,
to
commit
continuado
mandates
thatcrime
only
one
What
crime
orhabitual
crimes
did
King,
Doming
exceed
P5,000.00.
Impose
the
proper
prison
is
always
political
in
objective
as
it
is
directed
penalty
for
the
more
serious
shall
be
and,
again,
of
delinquency.
IsWITHIN
theand
less
than
one
year
(Sec.
2,
Art.
4103,
as
The
proper
penalty
is
ANY
RANGE
No,
appeal
islatter
not
meritorious.
Recidivism
arson
which
the
would
notagainst
have
information
should
be
filed
the
Josethe
commit?
Discuss
their
criminal
penalty.
against
the
Government
and
led
persons
the
one
imposed
and
in months
theby maximum
appeal
meritorious?
Explain.
(5%)
amended).
prision
correccional
(six
(6)
andacts
one
and
habitual
delinquency
are
correctly
committed
were
it
not
for
such
reason.
offender
although
a
series
of
felonious
SUGGESTED
ANSWER:
liabilities.
[10%]
or
public
officer
holding
public
office felonies
period.
Itto
is
only(6)
when
the
resulting
c)
aday
straight
penalty
of
2 MINIMUM,
years.
(1)
six
years)
as
to
considered
in
this
case
because
the
basis
ofof
King
committed
the
composite
crime
Yoboy
and
Yongsi
are
principals
by
direct
were
performed;
the
term
"continuing
belonging
to
the
military
or
national
police.
SUGGESTED
ANSWER:
are
only
light
that
complex
crimes
do not
(5%)
ANY
RANGE
within
prision
mayor
maximum
ALTERNATIVE
ANSWER:
recidivism
ishomicide
different
from
that
of
habitual
ERROR
IN
PERSONAE
or
mistake
in
Rape
with
as
a21
single
indivisible
participation
(Art.
17,
pars.
and
3,
RPC).
crime"
more
pertinently
used
No,
because
the
Indeterminate
Sentence
Art. 48
ofis
the
Code
may
apply
under
the with
result
and
the
penalties
are
to
be
imposed
Destructive
Arson
(1994)
The
crime
of
coup
d'etat
cannot
be
(ten
(10)
years
and
one
(1)
day
to
twelve
(12)
delinquency.
Juan
is
a
recidivist
...
Habitual
identity
occurs
when
the
offender
actually
offense,
not
a
complex
crime,
and
Theft.
...
reference
to
the
venue
where
the
criminal
Law
will
apply
when
the
minimum
of
the
conditions
provided.
distinctly
for
each
resulting
crime.
Tata
owns
atherein
three-storey
building
located
at
Death
Penalty
(2004)
complexed
with
the
crime
of
years)
as person
MAXIMUM.
This
isrebellion
in an
accordance
delinquency,
which
about
hit
the
tobrings
whom
the
blow was
action
may
be
instituted.
ALTERNATIVE
ANSWER.
penalty
exceeds
one
year.
No.
3
Herran
Street.
Paco,
Manila.
She
because
both
crimes
are
directed
against
the
A.
ThePeople
death
penalty
cannot
be
inflicted
with
us, having
Gonzales,
73
Phil,
549,
Doming's
acts,
been
done
with
additional
penalty
when
an
offender
is which
directed
but
turned
out
to
be
different
from
If
the
imposition
of
straight
penalty
wanted
athat
new
building
but
had
Government
or
for
political
purposes,
under
which
of
the
following
circumstances:
where
Ittothe
was
ruled
for
the
knowledge
of
the
commission
of purpose
the
convicted
aconstruct
third
time
or more
for
specified
and
not
victim
intended.
The
criminal
consists
of
the
minimum
period
ofcrime
theof
no
money
to
finance
the
construction.
So,
she
although
the
principal
are
1)
When
the
guilty
person
isthe
at
least
18
determining
the
penalty
next
in
and
obviously
to offender
conceal
body
ofJuan
the
crimes,
is
correctly
considered
because
liability
of
the
isthen
not
affected,
penalty
prescribed
by offenders
law,
itlower
may
be
insured
the
building
for
P3,000,000.00.
She
the
time
of
the
commission
of
the
crime.
2)
different.
The
may
beaccused.
the
same
and
years
of
age
atessence
degree,
the
penalty
that
should
be
crime
to
prevent
its
discovery,
makes
him
had
already
three
(3)
previous
convictions
by
unless
the
mistake
in
identity
resulted
toan
a
allowed
because
it
favors
the
then
urged
Yoboy
and
Yongsi,
for
monetary
Whenconstitute
the
guilty
person
iscrime.
more
than
70 with
thus
only
one
In
this
considered
as
starting
point
isthe
the
whole
of
Indeterminate
Sentence
Law;
Exceptions
(1999)
accessory
to afor
the
crime
of
rape
final
judgment
theft
and
again
convicted
crime
different
from
what
offender
consideration,
toWhen,
burn
her
building
so
she
years
of age.
3)
upon
appeal
to
or
situation,
the
two
crimes
are
not
distinct
and
prision
mayor,
it in19,
being
penalty
homicide
under
Art.
par.
2the
ofthe
the
Rev.
Under
what
circumstances
is
the
for
Robbery
With
Homicide.
And
the
crimes
intended
to
commit,
which
case
lesser
Supreme
Court,
the
required
majority
for
the
could
collect
the
insurance
proceeds.
Yoboy
automatic
review
by
the
therefore,
may
not
be
proper
to
apply
Article
prescribed
by
law,
and
not
prision
mayor
in
Penal
Code,
but
he
is
exempt
from
criminal
Indeterminate
Sentence
Law and not
specified
as basisthe
for
habitual
delinquency
penalty between
crime
intended
the
Complex
Crimes;
Determination
ofArticle
the
Crime
(1999)
Indeterminate
Sentence
Law
(1994)
imposition
of
the
death
penalty
is
not
and
Yongsi
burned
the
said
building
resulting
SUGGESTED
ANSWER:
48
of
the
Code.
its
maximum
period,
which
is
only
the
liability
therefor
under
20
of
the
applicable?
(2%)
includes,
inter
alia,
theft
robbery.
crime
committed
shall
beand
imposed
but in
SUGGESTED
ANSWER:
A,
actuated
by
malice
and
with
use
of the
a
PRAETER
Itos
was
convicted
INTENTIONEM
of of
an
offense
or
penalized
where
the
Jose
obtained.
incurs
4)
When
criminal
the
liability
person
isthe
either
convicted
as
an
of
1)
Persons
convicted
offenses
punished
to
its
total
loss.
What
crime
did
Tata,
penalty
actually
applied
because
ofYoboy
Article
Code,
being
an
adopted
brother
of
maximum
period
(Art.
49,
RFC).
Tata,
Yoboy
and
Yongsi
committed
the
crime
fully
automatic
M-14
sub-machine
gun,
shot
consequence
by
a
special
law.
went
The
beyond
penalty
that
prescribed
intended
is
ora
a
capital
crime
but
before
execution
accessory
to
the
crime
of
theft
committed
by
with
death
penalty
or
life
imprisonment;
2)
and
Yongsi
commit?Penal Code. The penalty
48
of
the
Revised
principal.
of
destructive
arson
because
they
Penalties;
Factors
to
Consider
(1991)
group
of
persons
who
were
seated
in
a
expected.
not
less
than
This
six
is
years
a
mitigating
but
not
more
circumstance
than
King,
becomes
or
insane.
as
fence.
5)
When
Although
the
accused
he
is
is
a
a
Those
convicted
of
treason,
conspiracy
or
next
lower caused
in degree
therefor is
collectively
the
destruction
of aprision
Imagine
that
you
are
aof
Judge
trying
case,
cockpit
with
one
burst
successive,
(Art.
twelve
13.
years.
par.
No
3,
modifying
RPC)
when
circumstance
there
is
a
woman
while
she
is
pregnant
or
within
one
legitimate
brother
of
King,
the
exemption
proposal
to
commit
treason;
3)
Those
correccional
and it of
is within
the the
range of this
property
by
means
fire
under
and
based
on
the
evidence
presented
and
continuous,
automatic
fire.
Four
(4)
persons
notorious
attended
the
disparity
commission
between
of
the
crime.
the
act
If
or
under
year
after
Article
delivery.
20
Explain
does
not
your
include
answer
or
the
convicted
of
misprision
of
treason,
rebellion,
penalty
that
thewhich
minimum
should
be taken.
circumstances
exposed
toconvicted
danger
SUGGESTED
ANSWER:
the
applicable
law,did,
you
have
decided
on the
the
sedition
orthe
espionage;
4)
Those
of
were
killed
thereby,
each
having
hit
by
means
you
were
employed
judge,
by
will
the
you
offender
apply
and
the
choice
briefly.
(5%)
participation
he
because
hethe
profited
A.
Understanding
the
word
"inflicted"
to
life
or
property
of
others
(Art,
320,
par.
5,
RPC.
(5)
steps
you
would
follow
to
determine
the
guilt
of
two
(2)
accused.
Indicate
the
five
piracy;
5)bullets
Those
who
arethe
habitual
different
coming
from
the
subresulting
Indeterminate
felony,
Sentence
Law?
resulting
If
how
felony
will
from
the
effects
ofi,e.,
such
theft
byso,
selling
the
mean
as
amended
the
imposition
by
RA
No.
7659).
of
the
death
penalty,
SUGGESTED
ANSWER:
exact
penalty
to
be
imposed.
Stated
delinquents;
6)
Those
who
shall
have
machine
gun
of A.
Four the
(4) cases
of
murder
could
you
apply
not
it?be
reasonably
anticipated
or
jewelry
knowing
that
same
was
taken
If
I were
the
judge,
will
the you
not
itsfiled
execution,
the
circumstance
in act
which
PENALTIES
differently,
what
are
theapply
factors
must
escaped
from
confinement
orfrom
were
against
A.I fender
The
trial
court
ruled
foreseen
by
the
of
the
or
from
Laura.
Or
Jose
may
be
prosecuted
for
SUGGESTED
provisions
ofarrive
the
Indeterminate
Sentence
the
death
penalty
cannot
be
is
no.
Complex
Crime;
Aberratio
Ictus;
Attempted
Murder
with
consider
toANSWER:
at
thecrime
correct
penalty?
evaded
sentence;
7)
Those
whoinflicted
violated
the
that
there
was
only
one
committed
by
means
employed
by
him.
fencing
under
the
Anti-Fencing
Law
of
1979
1
the
crime
committed;
Law,
as
the
last
sentence
of A
Section
Actonly
Complex
Crime
vs.guilty
Compound
Crime
(2004)
2:
"when
the
person
is
more1to
than
70
Homicide
(2000)
terms
of
conditional
pardon
granted
A
for
the
reason
that,
since
performed
(PD
No.
1612)
since
theand
jewelry
was
the
2
Stage
of
execution
degree
of
4103,
specifically
provides
the
application
years
of
age"
(Art.
47,
Revised
Penal
Code).
Distinguish
clearly
but
briefly:
Between
Despite
the
massive
advertising
campaign
in
Criminal
Liability;
Non-Exemption
as
Accessory
(2004)
themact,
by he
the
Chief and
Executive;
8)trigger
Those
one
pressed
of his
proceeds
ofhaving
theft
with the
intent
to gain,
he
participation;
thereof
for
violations
of
special
laws.
Instead,
the
penalty
shall
be
commuted
to
compound
and
complex
crimes
as
concepts
media
against
firecrackers
and
gun-firing
DCB,
the
daughter
of
MCB,
stole
the
whose
maximum
term
of imprisonment
gun
only
once,
crime
committed
wasdoes
received
it
fromthe
King
and
sold
it.
3
Determine
the
penalty;
Under
the
same
provision,
thethe
minimum
SUGGESTED
ANSWER:
reclusion
perpetua,
with
accessory
in
Penal
Code.
during
the
New
Year's
celebrations,
Jonas
earrings
of
XYZ,
a
stranger.
MCB
pawned
notthe
exceed
one
year;
murder.
Consequently,
the
trial
judge
COMPOUND
In
4
circumstance
Consider
CRIMES
the
no.
modifying
result
1 minimum
when
when
the
the
guilty
SUGGESTED
ANSWER:
must
not
be
less
than
the
provided
penalties
provided
in
Article
40,
RFC.
and
Jaja
bought
ten
boxes
of
super
lolo
and
the
earrings
with
TBI
Pawnshop
as
a
pledge
sentenced
A least
to just
one
penalty
offelonious
reclusion
person
circumstances;
is
at
18
years
of
age
at
the
time
offender
committed
only
a day)
single
therein
(six
years
and
one
and
the
pla-pla
in
Bocaue,
Bulacan.
Before
midnight
for
P500
loan.
During
the
trial,
MCB
raised
perpetua.
Was the
decision
of the trial judge
act
of
5
the
from
commission
Determine
which
whether
of
orthe
maximum
shall
not
be
more
than
of
December
31,two
1999,
Jonas
and the
Jaja
the
defense
that
being
theIndeterminate
mother
ofstarted
DCB,
correct?
Explain.
(4%)
Sentence
Law
is
applicable
or
not.
their
she cannot be

Criminal Law
Examination Q & A (1994-2006)
Criminal Law Bar Examination
Q & Bar
A (1994-2006)

34 of 86

35 of 86
36

SUGGESTED
ANSWER:
1 February
Where
On
Ifthe
youaccused
were
10, 1986,
the
however
Judge,
he appealed
what
did not
action
agree
to will
the you probation.
two or more
The
mitigating
law usescircumstances
the word "maximum
and no
The
penalty
of total
reclusion
andnext
the
Penalties;
Homicide
w/
Circumstance
he
Court
take
would
onofthe
Appeals.
only
application?
beModifying
credited
Several
Discuss
months
withfully.
4/5(1995)
later,
of the
he
aggravating
term",
and not
circumstances,
term.perpetua
It
theispenalty
enough
that
penalty
of prison
life should
Imprisonment
are
totally
Homer
was
of homicide.
The on
trialthe
time
filed
2
a Suppose
motion
he convicted
had
tothat
withdraw
undergone
Vincent
the
was
appeal
convicted
preventive
of a
lowerof
each
inthe
degree
terms
bedoes
imposed.
not
exceed
For
six
different
from
and
court appreciated
following
modifying
imprisonment.
ground
crime
for
that
which
he is
hethe
applying
was
sentenced
for probation.
to a maximum
On
purposes
years.
Theof
number
the each
Indeterminate
ofother
offenses
Sentence
is therefore,
immaterial
Law,
not be
interchangeably.
Penalties;
Reclusion
Perpetua
(RA)
7959
(2005)
circumstances:
the
aggravating
circumstance
May
penalty
7, of
1987,
ten (10)
the
years.
Court
Under
ofNo.
Appeals
the
law,
granted
he is not should
the penalty
for
as long
next
asused
the
lower
penalties
in degree
imposed,
should when
be
Reclusion
perpetua
is separately,
a penalty
prescribed
Under
Article
27
of
the
Revised
Penal
Code,
of nocturnity,
and
mitigating
the
eligible
motion
for probation.
andtheconsidered
He seasonably
the appealed
appeal his taken
determined
individually
withoutand
regard
as to whether
are within
the
by
the
Revised
Penal
Code,
with aPenal
fixed
as
amendedWhile
byofRepublic
Act
No. 7959,
circumstances
passion
and
obfuscation,
withdrawn.
conviction.
affirming
the(RA)
judgment
ofno
basic
the
probationable
penalty
provided
period.
by
the Revised
duration
of imprisonment
from
20
Probation
Law;
Order
Denying in
Probation;
Notyearsorand
On
June
10,
the
of illiteracy
the years
case
reclusion
perpetua
shallrecords
from
20
intent
to commit
so grave
abewrong,
conviction,
the1987,
appellate
court
reduced
the
Code should
be applied
its maximum
1
day
to
40
years,
and
carries
it with
Appealable
(2002)
were
remanded
to
the
trial
court.
Roberto
and
1
day
to
40
years.
Does
this
mean
that
voluntary
surrender.
The
imposable
penalty to a maximum of four (4) years and four
minimum period as circumstances modifying
accessory
penalties.
A
was charged
with homicide.
After
trial,
he
filed
a "Motion
for
Probation"
that
reclusion
perpetua
is
now praying
a divisible
penalty
for taking
homicide
isconsideration
reclusion
temporal
(4)
months
into
certain
liability
may
require.
The penalty
next
lower
imprisonment,
on sentenced
the other hand,
SUGGESTED
ANSWER:
was
foundtoguilty
to six is
(6)a
execution
of
his sentence
be(12)
suspended,
and for Life
penalty?
(2%)
the rangeExplain.
of
which
is twelve
years
and
modifying
circumstances.
Vincent
now applies
in degree
prisionand
correccional.
Therefore,
No,
because
the officer
Supreme
Court has
penalty
prescribed
by special
laws,
with as
no
years
and
onestated,
(1) day
prision
mayor,
that
a
probation
be
ordered
to
one (1)
day
to twenty
(20)
years.
Taking
into
probation.
How
will you
rule
on his
application?
as previously
theinminimum
should be
repeatedly
called
the attention
of
the
Bench
fixed
duration
of imprisonment
and
without
(1)
day
of
reclusion
temporal,
as
maximum.
minimum,
to
twelve
(12)
years
and
one
conduct
an
Investigation
and
to
submit
a
account fully.
the attendant aggravating and
Discuss
within the range of arresto mayor and the
and
theonBar
to
the
fact
that on
thethe
penalties
of
any accessory
penalty. he had been found
The
judge
denied
the
motion
ground
Prior
to his
conviction,
report
his
probation.
mitigating
circumstances,
and applying
the
maximum
isProper
within
the (2005)
range of prision
Probation
Period
SUGGESTED
ANSWER:
reclusion
perpetua
and life imprisonment
are
Penalties;ofLaw:
Parricide
w/ Mitigating
Circumstance (1997)
that
pursuant
to
Presidential
Decree
No.
guilty
vagrancy
and imprisoned
ten
Indeterminate
Sentence
Law,
determine
the
correctional
in
its
maximum
period. for
It
appears
that
there
is one
aggravating
Maganda
was
charged
the
not
synonymous
and
should
be applied
A
anddays
B pleaded
guiltymanor
towith
the violation
crime
of offifty
1990,
which
took
effect
on
July
16,1986,
no
(10)
of
arresto
and
fined
proper penalty(nocturnity),
to be imposed
on
the accused.
circumstance
and
four
Bouncing
Checks
Law
(BP
22)
punishable
by
correctly
and
as
may
be
specified
by
the
parricide.
The
court
found
three
mitigating
application for probation shall be
pesos (P50.00). Is he eligible for probation?
mitigating
(passion
and has
imprisonment
of
not
less
than
30
days
but
SUGGESTED
ANSWER:
applicable
law.
Reclusion
perpetua
circumstances,
namely,
plea
of
guilty,
lack
of
entertainedcircumstances
or granted
if the
defendant
has a
Why? (3%)
No,
he is not
benefits
ofso
the
obfuscation,
intent
to
commit
so
grave
not
more
than
1 year
orthe
a fine
of not
less
specific
duration
of 20
years
1 day
to a40
Instruction
andentitled
lack
of to
intent
to
commit
perfected
an no
appeal
from
the and
judgment
of
SUGGESTED
ANSWER:
Probation
Law
(PD
968,
as
amended)
does
wrong
as that
committed
voluntary
than
not more
thancommitted.
double theThe
amount of
years
(Art.
27)the
and
accessory
penalties
(Art.
gravebut
a wrong
as that
conviction.
Is
denial
ofand
Roberto's
motion
Yes.
Even life
ifPar.
atimprisonment
of has
hisbe
conviction
not
extend
to
those
sentenced
toreclusion
serve
a
surrender).
4,the
Art.time
64 should
applied.
the
check,penalty
which
fine
shall isnot
exceed
41),
while
no
definite
prescribed
for
parricide
correct?
(People
vs.
De
Guzman,
G.R.
Nos.
51385-86,
Jan.
Roberto
was
qualified
for
probation
but
that
SUGGESTED
ANSWER:
maximum
term
of
imprisonment
of
more
Hence
there
will
be
off-setting
of
modifying
P200,000.00,
or
both.
The
court
convicted
term or accessory penalties. Also, life
perpetua to death. Impose the proper
The
proper
penalty
is
reclusion perpetua.
22, the
1993;
People
vs.application
Estrella,
G.R.
Nos.
92506at
time
of his
for
probation,
than
six
years
(Sec.
9a).
circumstances,
which
will now
result
in
the
her
of
the
crime
and
sentenced
her to pay a
imprisonment
is
imposable
on
crimes
principal
penalty.
G.R.
No.28,
72319,
June vs.
30,1993;
People
vs.
It
is
of
no
moment
that
in
his
previous
07,
April
1993;
People
Alvero,
Even
if
there
are
two
or
more
mitigating
he
is
no
longer
qualified,
he
is
not
entitled
to
excess
of
three
mitigating
circumstances.
fine
of
P50,000.00
with
subsidiary
punished
by special
laws, and
felonies
Lapiroso, G.R.
No.qualification
122507,
Feb.not
25, on
1999).[see
conviction
A
was
given
a
penalty
of
only
ten
circumstances,
a
court
cannot
lower
the
probation.
The
for
probation
This
will
therefore
justify
in
reducing
the
imprisonment
in
case
of
insolvency,
and
to
in
the Code
Criminal
Law
Conspectus,
page
156]
The
existence
of
an
aggravating
(10)
days
of
arresto
mayor
and
a
fine
of
penalty
by
one
degree
(Art.
63.
par.
3,
must
be
determined
as
of
the
time
the
penalty
to
the
minimum
period.
pay
the
private
complainant
the
amount
of
Penalties; Reclusion Perpetua vs. Life Imprisonment
circumstance,
albeit
there
are four
P50.00.
Revised
Penal
Code; People
vs. Formigones,
application
is
filed
in
Court
(Bernardo
vs.
the
check.
Maganda
was
unable
to
pay
the
(1994)
B.
May
a probationer
appeal
the
aggravating,
will not
justify the
of
87 Phil.
In
vs. Relador
60from
Phil. The
Judge,
etal. GRNo.
L86561,Nov,
10.lowering
1992; Edwin
but685).
filed
a U.S.
petition
for
probation.
Differentiate
reclusion
perpetua
from
lifefine
decision
revoking
the
grant
of
probation
or
the
penalty
to
the
next
lower
degree
under
593,
where
the
crime
committed
was
de
la
Cruz
vs.
Judge
Callejo.
et
al,
SP-19655,
April
court granted the petition subject to the
SUGGESTED
ANSWER:
imprisonment.
a)
What iswith
the proper
period
of probation?
modifying
terms
and
conditions
thereof?
paragraph
5
of
said
Article,
as
this
is
18,
1990,
citing
Llamado
vs.
CA,
et
al,
GR
No.
parricide
the
two
(2)
mitigating
RECLUSION
PERPETUA
is that penalty
condition,
among others, that she should not
Probation Law; Barred
by Appeal (2001)
SUGGESTED
ANSWER:
(2%)
applicable
only
THERE
IS NO
84859,
June
28,ifthe
1989;
Bernardo
us.
Judge
circumstances
of illiteracy
and lack
of courts
provided
for
in
Revised
Penal
Code
for
change
herSection
residence
A, a subdivision
developer,
was
convicted
by
The
period
shall
not4 be
less Probation
thanthe
twice
the
No.
Under
of without
the
Law,
AGGRAVATING
CIRCUMSTANCE
present.
Balagot,
etal,
GR 86561,
Nov.penalized
10, 1992).
intention
to
commit
so
grave
a
wrong,
and
crimes
defined
in
and
therein
prior
approval.
the RTC of Makati for failure to issue the
total
number
of
days
of
subsidiary
as
amended,
an
order
granting
or
denying
Since
the
committed
is Homicide
and
with no aggravating circumstance, the
except
forcrime
some
crimes
by special
subdivision
title to
a lot defined
buyer despite
full
imprisonment.
Under Act
No. 1732,
probation
is not appealable.
Penalties;
Preventive
Imprisonment
the
penalty
therefor
is
reclusion
temporal,
Supreme
Court
held
that(2004)
the(1994)
proper, penalty
laws
which
impose
reclusion
perpetua,
such
Probation
Law;
Period
Covered
payment of the lot, and sentenced to suffer
subsidiary
imprisonment
for
violations
of
1)
When
is
there
preventive
imprisonment?
the
MAXIMUM of
sentence
under
the 6425, as
to
be was
imposed
is reclusion
perpetua.
as
Republic
one violations
year Imprisonment.
A Act
appealed
the
PX
convicted
and
sentenced
to
special
laws
shall
not
exceed
6
months
at
2)
When
is
the
accused
credited
with
the
Indeterminate
Sentence Act
Law 7659
shouldorbeofthePD
amended
decision ofby
theRepublic
RTC to the Court
of Appeals
imprisonment
of thirty
and a fine for
of
the
rate ofofhisone
day ofdays
imprisonment
full time
preventive
imprisonment,
minimum
of
the
penalty,
which
is 12 years a
SUGGESTED
ANSWER:
1860;
LIFE
but hiswhile
appeal
was IMPRISONMENT
dismissed. May A is
still
one
hundred
pesos. the
Previously,
PX was
every
F2.50.
Hence,
proper
period
of
and
when
is
he
credited
with
4/5
thereof?
and
1 day
to
years
and
8 months.
Thelaws.
No,
is
no14
longer
qualified
to apply
for
penalty
usually
provided
for
in
special
SUGGESTED
applyAfor
probation?
Explain.
(5%)
convicted
of another
for which
the
probation ANSWER:
should
not becrime
less than
(6 months
MINIMUM
penalty
will
thus
be
the
penalty
probation
after
he
appealed
from
the
Reclusion perpetua has a duration of twenty
1)
There
isthan
preventive
imprisonment
when
penalty
imposed
onmonths.
him
was
thirtyP50,000.00
days
only.
nor
more
12
Since
next
lower and
in degree,
prision
mayor
judgment
of
conviction
the
RTC.
The
SUGGESTED
ANSWER:
(20)
years
one (1)which
day by
toisforty
[40]
years
[a)
anisoffender
is detained
while
the
Is
PX
entitled
to
probation?
Explain
briefly.
fine
more
than
the maximum
subsidiary
in
its
full
extent
(6
years
and
1
day
to
12
probation
law
(PD
968,
as
amended
by
Yes,
PX case
may
applythe
for
probation.
His
b)
Supposing
before
Order
of
Discharge
under Republic Act 7659, while life
criminal
against
him
is
being
heard,
(5%)
imprisonment of 6 months at P2.50 a day.
years).
Ergo,
the
proper
penalty
would
be
6
PD1990)
now
provides
that
no
application
previous
conviction
for
another
crime
with
a
was
issued
by
the
court
but
after
the
lapse
of
imprisonment has no duration; reclusion
either because the crime committed is a
years
and 1
day,
as be
minimum,
to 12
for probation
shall
entertained
oryears
granted
penalty
of
thirty
days
imprisonment
or
not
the
period
of
probation,
Maganda
perpetua
may
be
reduced
by
one
or two
capital offense and not bailable, or even if
and
1 day,
as maximum.
I believe
that
if the
accused
has
perfected
an Aggravating
appeal
from
exceeding
one
(1) month
does prior
not the
disqualify
transferred
residence
without
approval
degrees;
reclusion
perpetuates
accessory
Penalties;
Mitigating
Circumstances
w/out
the crime committed
was
bailable,
Penalties;
Reclusion
Perpetua
vs.
Life
Imprisonment
because
ofwhile
theofremaining
mitigating
the judgment
conviction
(Sec. 4, PD
968).
him
from
applying
forcourt
probation;
the
penalty
of
the
court.
May
the
revoke
the
Order
penalties
life
imprisonment
does
not
Circumstance
(1997)
offender
could
not
post
the
required
bail
for
(2001)
Probation Law; Maximum
vs.
Total Term it
(1997)
circumstances
after Term
thepenalties
off-setting
would
2)
An accused
is credited
with to
theserve
full time
for
his
presentand
conviction
does
not
disqualify
of
Probation
order
her
the
have
any
accessory
(People
vs.
Assume
in
the
preceding
problem
that
there
his
provisional
liberty.
After
trial,
Judge
Juan Laya
of
Manila
Thevery
accused
was
found
guilty
of the
grave
oral
SUGGESTED
ANSWER:
be
logical
to 459,
impose
the vs.
minimum
of
of hiseither
preventive
imprisonment
if he
him
from applying
for
probation,
since
subsidiary
imprisonment?
Explain.
Baguio,
196
SCRA
People
Panellos,
205
were
two
mitigating
circumstances
and
no
RTC
found inBenjamin
Garcia
guilty
defamation
sixteen under
(16)
informations
Yes.
The Court
may
revoke
her
probation.
the
MINIMUM
sentence
the
ISL proper
and of
voluntarily
agreed
in
writing
abide
by
the
imprisonment
does
not to
exceed
sixthe
(6)
SCRA
546).
aggravating
circumstance.
Impose
the
Murder,
the
victim
having
sustained
several
which
were
tried
jointly
and
was
sentenced
Probation
Law;
Right;
Barred
by
Appeal
(1995)
Probation
is9,institution
not
coterminous
with
its its
period.
the
minimum
of
the
MAXIMUM
sentence.
SUGGESTED
ANSWER:
rules
of
the
imposed
upon
years
(Sec.
Pres.
Decree
No.
968).
prison
penalty.
bullet
wounds
his
body in
so each
that he
died
in
onebeing
decision
to
suffer
case
a
In
aa)case
for
violation
of on
Sec.
8,for
RA
There
must
first
be
issued
byhim
the
court
an
the
penalty
imposed
the6425,
crime
There
twoin(2)
mitigating
prisoners,
provided
that:
despite
medical
assistance
given
in
the
prison
term
of
one
(1)
year
and
one
(1)
day
otherwise
known
as the
Dangerous
Drugs
order of
final
discharge
based
on the report
committed
consists
of
a deprivation
of
circumstances without any aggravating
Ospital
Because
the
used
to
one ng
(1)Manila.
year
eight
(8)weapon
months
Act,
Vincent
wasof
given
benefit
andb)accused
recommendation
thethe
probation
he
is not
disqualified
from
such
creditof
for
liberty;
circumstance,
the and
proper
prison
penalty
is of
by month
Benjamin
was
unlicensed
and
the
(Bala
v. aMartinez,
G.R.
No. having
67301,
January
29,
prision
correccional.
Within
the
to
the
mitigating
circumstances
of
voluntary
officer.
Only
then
the case
of
the
recidivist,
orcan
for
been
previously
(1)
and (in
one
(1) of
day
six
(6)period
months)
being
arresto
mayor
any
itstoperiods,
ie.
qualifying
circumstance
of treachery
was
1990,
citing
Sec.
16for
of P
.D. No.
968)not
appeal,
he
filed
application
for probation
plea
of
convicted
guilt
and
drunkenness
two
or more
times
otherwise
of any
probationer
be
terminated.
as
MINIMUM
toan
prision
correccional
in its
ranging
from
one
SUGGESTED
ANSWER:
found tothe
be
present.
Judge
Laya
rendered
under
Probation
Law
oftwo1976,
as
or for
to surrender
voluntarily
habitual.
Hehaving
was failed
sentenced
to suffer
a
crime,
maximum
period
four
(4)
years,
(2)
Yes.
In
Francisco
vs. Court of
Appeals, 243
Probationthe
Law;execution
Barred by Appeal
(1994)
his
decision
convicting
Benjamin
and
of and
the
sentence
upon
so
amended.
Could
he
possibly
qualify
for
penaltyfor
of six (6) years
one (1) day
andbeing
to
months,
and
one
(1)
day
to
six
(6)
years
as
SCRA
384,
the to
Supreme
Court
held
in
Are
"reclusion
perpetua"
andthat
life
On February
3, 1986,
Roberto
was convicted
sentencing
"reclusion
perpetua
or life
summoned
(Art.
29,with
RPC).
probation? him
pay a fine
of P6,000.00
the accessory
MAXIMUM.
Under
Art.
64,
par.
5
of
the
case
of one the
decision
imposing
multiple
imprisonment
same and
can be imposed
of arson through reckless imprudence and
imprisonment".
penalties provided by law, plus costs. Vincent
Revised
Penal the
Code,
penalty
contains
prison
terms,
totality
terms
interchangeably
aswhen
inofa the
theprison
foregoing
sentenced to pay a fine of P15,000.00, with
applied for probation. The probation officer
three
periods,
each
onetotally
of which
forms
aState
should
notOrbe
taken
into
account
for
the
sentence?
are
they
different?
subsidiary
imprisonment
in
case
of
favorably recommended his application.
period
in accordance
Article
76 and
purposes
of determining
eligibility
of 77
the
your reasons.
(3%) withthe
insolvency by the Regional Trial Court of
of
the same
Code, and there are
accused
for the
Quezon City.

37
of 86 for probation
mandates that no application

SUGGESTED ANSWER:

1. If I were the judge, I will deny the

application for probation. The accused is not
entitled to probation as Sec. 9 of the
Probation Law, PD NO. 968, as amended,
specifically mentions that those who "are
sentenced to serve a maximum term of
imprisonment of more than six years" are
2.
law and
jurisprudence
are law.
to the
notThe
entitled
to the
benefits of the
effect that appeal by the accused from a
sentence of conviction forfeits his right to
probation.(Sec. 4, PD No. 968. as amended by
PD 1990; Bernardo us. Balagot; Francisco vs. CA:
is the
consecutive
year
LlamadoThis
vs. CA;
De second
la Cruz vs.
Judge Callejo,
CA
that
this
question
was
asked.
It
is the
case).

sincere belief of the Committee that

there is a need to re-examine the
doctrine. Firstly, much as the accused
wanted to apply for probation he is
proscribed from doing so as the
maximum penalty is NOT
PROBATIONABLE. Secondly, when
the maximum penalty was reduced to
one which allows probation it is but
fair and just to grant him that right
because it is apparent that the trial
judge committed an error and for
which the accused should not be
made to suffer. Judicial tribunals in
this jurisdiction are not only courts of
law but also of equity. Thirdly, the
judgment of the appellate court
be Barred
considered
a new
Probationshould
Law; Right;
by Appeal
(2003)decision
as
the
trial
court's
decision
Juan was convicted of the Regionalwas
Trial
vacated;
he could to
take
Court of
a crimehence,
and sentenced
suffer the
of the law
when
the of
penaltyadvantage
of imprisonment
for a
minimum
decision
is remanded
tohis
theconviction
trial
eight years.
He appealed
both
court
for
execution
(Please
see
and the penalty imposed upon him to the
Dissenting
opinion
in Francisco
Court of
Appeals. The
appellate
court vs.
CA).
It
is
suggested,
therefore,
that
ultimately sustained Juan's conviction but
an
examinee
answering
in
this
tenor
reduced his sentence to a maximum of four
should
bemonths
credited
with some points.
years and
eight
imprisonment.
Could
SUGGESTED ANSWER:
Juan forthwith file an application for
No, Juan can no longer avail of the probation
probation? Explain. 8%
because he appealed from the judgment of
conviction of the trial court, and therefore,
cannot apply for probation anymore. Section
4 of the Probation Law, as amended,

shall be entertained or granted if the

accused has perfected an appeal from the
judgment of conviction.
Suspension of Sentence; Adults/Minors (2006)
There are at least 7 instances or situations
in criminal cases wherein the accused,
either as an adult or as a minor, can apply
for and/or be granted a suspended sentence.
SUGGESTED
EnumerateANSWER:
at least 5 of them. (5%)
1.
Suspension of sentence of minor
under P.D. 603 as amended by R.A. 9344.
2.
Suspension of sentence of minor
above 15 but below 18 years of age at the
time of trial under R.A. 9344.
3.
Suspension of sentence of minor
above 15 but below 18 years of age at the
commission of the offense, while acting with
4.
Suspension of sentence by reason of
discernment.
insanity (Art. 79, Revised Penal Code).
5.
Suspension of sentence for first
offense of a minor violating RJV. 9165. (Sec.
6.
Suspension of sentence under the
32)
(P.D. law.
probation
7. 968)
Suspension of death sentence of a
pregnant woman. (Art. 83, Revised Penal
Code)

Criminal Law Bar Examination Q & A (1994-2006)

sentence is required and thereunder it is

one of the conditions for suspension of
sentence that the offender be a first time
convict: this has been displaced by RA 8369.
Suspension of Sentence; Youthful Offender (1995)
Victor, Ricky, Rod and Ronnie went to the
store of Mang Pandoy. Victor and Ricky
entered the store while Rod and Ronnie
posted themselves at the door. After ordering
beer Ricky complained that he was
shortchanged
although
Mang
Pandoy
vehemently denied it. Suddenly Ricky
whipped out a knife as he announced "Holdup ito!" and stabbed Mang Pandoy to death.
Rod boxed the store's salesgirl Lucy to
prevent her from helping Mang Pandoy. When
Lucy ran out of the store to seek help from
people next door she was chased by Ronnie.
As soon as Ricky had stabbed Mang Pandoy,
Victor scooped up the money from the cash
box. Then Victor and Ricky dashed to the
street
and
shouted,
"Tumakbo
kayo!"ofRod
1
Discuss
fully the
criminalna
liability
Victor,
was
14
and
Ronnie
was
17.
The
money
and
Ricky, Rod and Ronnie.
other
articles
the Ronnie
store ofentitled
Mang to
2
Are the looted
minorsfrom
Rod and
Pandoy
were
later
found
in
the
houses
of
suspended sentence under The Child and Youth
Victor
and
Ricky.
Welfare Code? Explain.

(NOTA BENE: R.A. 9344 is outside the

coverage of the examination)

Suspension of Sentence; Minors (2003)

A was 2 months below 18 years of age when
he committed the crime. He was charged
with the crime 3 months later. He was 23
when he was finally convicted and
sentenced. Instead of preparing to serve a
jail term, he sought a suspension of the
sentence on the ground that he was a
SUGGESTED
ANSWER: Should he be entitled to a
juvenile offender
No, A is not entitled to a suspension of the
suspension of sentence? Reasons. 4%
sentence because he is no longer a minor at
the time of promulgation of the sentence.
For purposes of suspension of sentence, the
offender's age at the time of promulgation of
the sentence is the one considered, not his
age when he committed the crime. So
although A was below 18 years old when he
committed the crime, but he was already 23
years old when sentenced, he is no longer
Can
offenders,
who
are
eligible juvenile
for suspension
of the sentence.
recidivists, validly ask for suspension of
SUGGESTED ANSWER:
sentence?
Explain. 4%
Yes, so long as the offender is still a minor at
the time of the promulgation of the sentence.
The law establishing Family Courts, Rep. Act
8369, provides to this effect: that if the
minor is found guilty, the court should
promulgate the sentence and ascertain any
civil liability which the accused may have
incurred.
However, the sentence shall be
suspended without the need of application
pursuant to PD 603, otherwise known as the
"Child and Youth Welfare Code" (RA 8369,
Sec. 5a), It is under PD 603 that an
application for suspension of the

38 of 86

SUGGESTED ANSWER:

1 . All are liable for the special complex

crime of robbery with homicide....
2. No, because the benefits of suspension of
sentence is not available where the youthful
offender has been convicted of an offense
punishable by life imprisonment or death,
pursuant to P.D. No. 603, Art. 192, The
complex crime of robbery with homicide is
punishable by reclusion perpetua to death
under Art. 294 (1), RFC [People vs. Galit. 230
SCRA 486).

EXTINCTION OF CRIMINAL
LIABILITY

Amnesty vs. PD 1160 (2006)

Can former DSWD Secretary Dinky Soliman
apply for amnesty? How about columnist
Randy David? (You are supposed to know
the crimes or offenses ascribed to them as
published in almost all newspapers for the
SUGGESTED
ANSWER:
past several
months.) (2.5%)
Proclamation
1160,
which
amended
Proclamation 724, applies only to offenses
committed prior to 1999. Thus, their
applications shall be ineffectual and useless.
General Lim and General Querubin of the
Scout Rangers and Philippine Marines,
respectively, were changed with conduct
unbecoming an officer and a gentleman
SUGGESTED
under
the ANSWER:
Articles of War. Can they apply for
amnesty? (2.5%)

Proclamation
1160,
which
amended
Proclamation 724, applies only to offenses
committed prior to 1999. Thus, their
applications shall be ineffectual and useless.
Amnesty; Crimes Covered (2006)
Under Presidential Proclamation No. 724,
amending Presidential Proclamation No.
347, certain crimes are covered by the grant
of amnesty. Name at least 5 of these crimes.
SUGGESTED
ANSWER:
(2.5%)
Crimes covered under Presidential Proclamation
724:
No.
1.
Coup
2.
Rebellion or
d'etat,
3.
Disloyalty of public officers
insurrection;
4.
Inciting to rebellion or
or employees;
5.
Conspiracy to commit rebellion
insurrection;
6.
Proposal to commit rebellion
or insurrection;
7.
or insurrection;
8.
Conspiracy to
Sedition;
9.
commit Inciting
sedition;to
10.
Illegal
sedition;
11. Illegal
Assembly;
12.
Direct
Association;
13. Indirect
Assault;
14.
Resistance and disobedience to a
Assault;
15.
Tumults
and other
person
in authority;
16. Unlawful use of means of publications
disturbances;
and unlawful utterrances;
17. Alarm and
18. Illegal Possession of
scandal;
firearms.

Criminal Law
Examination Q & A (1994-2006)
Criminal Law Bar Examination
Q &Bar
A (1994-2006)

such defrauding
For
position andLorna,
under the
Alma
usual
wasprocedure
charged
Prescription
ofMunicipal
Crimes;
False
Testimony
(1994)
before thefor
required
a new
appointment.
Trial
Court
ofMoreover,
Malolos,
Paolo
wasAfter
charged
with
Bulacan.
the
pardon
does
a protracted
not homicide
extinguish
trial,before
Alma
the the
civil
was
(Monsanto
vs.Factoran,
Jr.,Manila.
170 SCRA
191);
see
Regional
Trial
Court
of
Andrew,
a Art.
convicted.
liability
arising
While
fromthe
the
crime.
case
was
pending
36,
RPC)in the
prosecution
witness,
testified
he saw
appeal
Regional
Trialthat
Court
of the
Prescription
of Crimes;
Bigamy
Paolo
Abby during
their
heated
same shoot
province,
Lorna(1995)
who
was then
Joe
and Marcy
married
Batanes
in
argument.
Whilewere
the case
is stillinpending,
the
suffering
from
breast
cancer,
died.
Alma
1955.
After
two
years,
Joe
left
Marcy
and
City
Hall
of
Manila
burned
down
and
the
manifested to the court that with Lorna's
settled
in
Mindanao
where
he later
metcivil
and
entire
of the case
were
destroyed.
death, records
her
(Alma's)
criminal
and
married
on were
12extinguished.
June
1960. The
second
Later,
theLinda
records
reconstituted.
liabilities
are now
Is Alma's
SUGGESTED
ANSWER:
marriage
was
registered
in the
civil
Andrew
was
again
called
to
contention
correct?
What
ifthe
itwitness
wereregistry
Alma
No.
Alma's
contention
isafter
notits
correct.
The
of
Davao
City
three
days
celebration.
stand.
This would
time
heittestified
thatcriminal
his
first and
who died,
affect
her
death
of the 1975
offended
party
does not
On
10
October
Marcy
who
remained
in
testimony
was false
and (3%)
the truth was he was
civil liabilities?
Explain.
extinguish
the criminal
liability ofofJoethe
Batanes
discovered
the
marriage
to
abroad when the crime took place. The judge
offender,
because
the offense
is committed
Linda.
On
1ordered
March
Marcy
filed a
immediately
the1976
prosecution
of
The
crime
of
bigamy
prescribed
in
against
the
State
[People
vs.
Misola,
87fifteen
Phil.
1
Will
the
case
against
Andrew
prosper?
complaint
for
bigamy
against
Joe.
Andrew for giving a false testimony favorable
years 833).
computed
from
the day
the
crime
is
830,
it follows
the
civil
2
PaoloHence,
was acquitted.
Thethat
decision
became
to the defendant in a criminal case.
discovered
the1987.
offended
party,
the
liability
of by
Alma
based
onJune
the
final
on January
10,
On
18,offense
1994
a
authorities
or false
theiris
agents.
Joe filed
raised
the
committed
by
her
not extinguished.
The
case
of giving
testimony
was
against
On
theof
other
hand,
if itwhat
were
Alma
whowill
died
defense
of
prescription
of the
crime,
more
estate
Lorna
can continue
the
case.
Andrew.
As
his
lawyer,
legal
step
you
pending
appeal
of
her
conviction,
than fifteen years having elapsed from her
the
take?
criminal
liability
be extinguished
and
celebration
of theshall
bigamous
marriage up
to
therewith
the
civil
liability
under
the filing of Marcy's complaint. the
He
Revised
Penal
(Art. 89, par.
1, second
RPC).
contended
that Code
the registration
of his
However,
thethe
claim
civil indemnity
marriage in
civilfor
registry
of Davao may
City
be
under
Civil
Code
(Art.
was instituted
constructive
noticethe
to the
whole
world
of
Has
the
crime of
bigamy
charged
against
1157)
if predicated
on a source
of obligation
the celebration
thereof
thus
binding
upon
Joe
already
fully,
other
than prescribed?
delict, suchDiscuss
as law,
contracts,
Marcy.
SUGGESTED ANSWER:
quasi-contracts
and quasi-delicts (People vs.
Pardon
vs. Amnesty
(2006) period for the crime of
No.
The
prescriptive
Bayotas 236 SCRA 239, G.R. 152007, September
Enumerate
the
differences
between
pardon
bigamy
is
computed
from the
time the
crime
2. 1994)
and amnesty.
(2.5%)
was
discovered
by the offended party, the
SUGGESTED ANSWER:
authorities
or their agents. The principle of
a)
PARDON
includes
crime applies
and is
constructive
notice
which any
ordinarily
exercised
individually
by
the
President,
to land or property disputes should not be
while
to as
classes
of
applied AMNESTY
to the crimeapplies
of bigamy,
marriage
persons
or communities
who Marcy
may befiled
guiltya
is
not property.
Thus when
b)
PARDON
is exercised when the
of
political
offenses.
complaint
for
bigamy on 7 March 1976, it
person
is
already
convicted,
while
was well within the reglamentary period as
AMNESTY may be exercised even before
it was barely a few months from the time of
c)
looks
forward(2000)
and relieves
trial
or PARDON
investigation.
Prescription
of
Crimes;
Commencement
discovery
on
10 October
1975. (Sermonia vs.
the
offender
of
the
penalty
of
the
offense for
One233
fateful
CA,
SCRAnight
155) in January 1990, while 5which
he
has
been
convicted;
it
year old Albert was urinating at thedoes
backnot
of
work
for
the
restoration
of
the
rights
to hold
their house, he heard a strange noise coming
public
office,
or the of
right
of suffrage,
from the
kitchen
their
neighborunless
and
such
rights
are
expressly
restored
by means
playmate, Ara. When he peeped inside,
he
of
while stepmother,
AMNESTY looks
backward
sawpardon,
Mina, Ara's
very angry
and
and
abolishes
offense
and to
itsdeath.
effects,
as if
strangling
the the
5-year
old Ara
Albert
the
had committed
no offense.
sawperson
Mina carry
the dead body
of Ara, place it
d)
PARDON does not alter the fact that
inside the trunk of her car and drive away.
the accused is criminally liable as it
The dead body of Ara was never found. Mina
produces only the extinction of the penalty,
spread the news in the neighborhood that
while AMNESTY removes the criminal
Ara went to live with her grandparents in
liability of the offender because it obliterates
Ormoc PARDON
City. For fear
of his
life, Albert
e)
being
a private
act did
by not
the
every
vestige of the
crime.
tell
anyone,
even
his
parents
and
relatives,
President, must be pleaded and proved by the
about what
he witnessed.
Twenty and
a half
person
pardoned,
while AMNESTY
which
is a
(20
&
1/2)
years
after
the
incident,
and
right
Proclamation of the Chief Executive with
the
after
his graduation
in Criminology,
SUGGESTED
ANSWER:
concurrence
of Congress
is a public Albert
act of
reported
crime
to NBI
The
which
the the
courts
should
take authorities.
judicial notice.
crime of homicide prescribes in 20 years.
Can the state still prosecute Mina for the
death of Ara despite the lapse of 20 & 1/2
years? Explain, (5%)

41 of 86

39 of 86
40

Yes, the State can still prosecute Mina for

Pardon;
Effect;
(2004)
the death
ofCivil
AraInterdiction
despite the
lapse of 20 &
TRY
was sentenced
to death
by final
1/2 years.
Under Article
91, RPC,
the period
judgment.
But subsequently
herun
was
granted
of prescription
commences to
from
the
pardon
by thethe
President.
pardon was
day on which
crime isThe
discovered
by the
silent
on the
perpetual
disqualification
offended
party,
the authorities
or their of
TRY
to hold
any
public
office.
his
agents.
In the
case
at bar,
the After
commission
of
pardon,
TRY
ran
for office
Mayor of
APP
,
the crime
was
known
only as
to Albert,
who
was
his
His
opponent
to or an
not hometown.
the offended
party
nor ansought
authority
disqualify
TRY contended
he is not by
agent of anhim.
authority.
It was discovered
disqualified
becauseonly
he was
already
the NBI authorities
when
Albert
SUGGESTED ANSWER:
pardoned
bythem
the President
unconditionally.
revealed
to
the
commission
of Article
the
No, TRY's contention is not correct.
Is
TRY'S
contention
correct?
Reason briefly.
crime.
Hence,
the
period
of
prescription
40 of the Revised Penal Code expressly of
(5%)
20 years for
homicide
to run
provides
whenCommencement
thecommenced
death penalty
Prescriptionthat
of Crimes;
(2004) is not
only
from
the
time
Albert
revealed
the
executed
by reason
of commutation
or same
OW is a private
person
engaged in cattle
to
the
NBI
authorities.
pardon,
the
accessory
penalties
perpetual
ranching.
One
night, he
saw AMof
stab
CV
absolute
disqualification
treacherously,
then throwand
thecivil
dead man's
interdiction
during For
thirty
years
body into a ravine.
25(30)
years,
CVsfrom
bodythe
date
of theseen
sentence
shall remain
astold
effects
was never
nor found;
and OW
no
thereof,
such
accessory
penalties
one whatunless
he had
witnessed.
Yesterday
after
have
been expressly
in the
pardon.
consulting
the parishremitted
priest, OW
decided
to
This
is because
pardon
excuses the
tell the
authorities
whatonly
he witnessed,
and
convict
sentence
does
revealedfrom
thatserving
AM hadthe
killed
CV 25 but
years
Pardon; Effect;
Reinstatement (1994)
SUGGESTED
ANSWER:
not
him
the effectsfor
of murder
the
ago.relieve
Can AM
beof
prosecuted
Yes,
AM
can
be prosecuted
murder
Linda
was
convicted
by the for
Sandiganbayan
conviction
expressly
remitted
the
despite theunless
lapse of
25 years?
Reasoninbriefly.
despite
the
lapse of
25 years, because
of
estafa,
through
falsification
of
publicthe
pardon.
(5%)
crime
has not
prescribed
legally, its
document.
Sheyet
was
sentencedand
accordingly
prescriptive
not others,
even P5,000.00
and ordered period
to pay, has
among
commenced
run.
representingto
the
balance of the amount
The
period of prescription of a crime shall
defrauded.
The case reached
the Supreme
commence
to run only
from the Court
day onwhich
Extinction;
&has
Civilbeen
Liabilities;
Effects; Death
of
affirmed
the
judgment
of conviction.
During
which
theCriminal
crime
discovered
by the
accused
pending
appeal
(2004)
the
pendency
ofthe
Linda's
motionor
for
offended
party,
authorities
their
AX was(Art.
convicted
of said
reckless
imprudence
reconsideration
in the
Court,
the OW, a
agents
91, Revised
Penal
Code).
resulting
in who
homicide.
The
trial
court
President
extended
to her
an
absolute
private
person
saw
the
killing
but never
sentenced
him
to
a
prison
term
as
well
pardon which
disclosed
it, is she
not accepted.
the offended party noras to
By
reason
of
such
pardon,
wrote
pay
P150,000
as
civil she
indemnity
has the crime been discovered
by thethe and
Prescription
Crimes;
Concubinage
(2001)pending,
Department
oftheir
Finance
requesting
that sheAX
damages. of
While
his
appeal
was
authorities
or
agents.
On
June
1, 1988,
complaint
for
be
to hera former
posta
as
assistant
metrestored
a fatal
accident.
He left
young
widow,
concubinage
committed
in February
treasurer,
still vacant.
The 1987
2 children,which
and
a is
million-peso
estate.
What is
was
filed against
in the
Department
may
be criminal
the effect,
if ruled
any, Roberto
ofthat
hisLinda
death
onMunicipal
his
SUGGESTED
ANSWER:
Trial
Court
of
Tanza,
Cavite
for
of
reinstated
to
her
former
position
without
the
as well as civil liability? Explainpurposes
briefly.
(5%)
The
deathofof
AX while
his
appeal
the
preliminary
investigation.
For
various
necessity
a new
appointment
and from
directed
judgment
of
the
trial
court
is
pending,
reasons,
it was onlytoon
July
1998the
when
the City Treasurer
see
to 3,
it that
sumthe
of
extinguishes
criminal
liability.
Judge
of said
court
decided
the case
by
P5,000.00
be his
satisfied.
Claiming
thatThe
she civil
liability
insofar
as
arises
from the
crime
dismissing
it for
lackit
jurisdiction
since
the
should not
be
made
toof
pay
P5,000.00,
Linda
and
recoverable
under
the
Revised
Penal
The
Office
of
the
President
dismissed
the
crime
wastocommitted
The case
appealed
the Officein
ofManila.
the President.
Code
isand
alsoheld
extinguished;
and
appeal
that
acquittal,
not
absolute
was subsequently
filed
withbut
theindemnity
City
Fiscal
of
damages
may
be
recovered
in
a
civil
action
pardon.
Is
the
only
ground
for
reinstatement
Manila but it was dismissed on the ground if
predicated
on had
aposition
source
ofprescribed.
obligation
under
to
one's
and
that the The
that
the former
crime
already
SUGGESTED
ANSWER:
Art. provides
1157,
Civil
Code,
such
as
law,
contracts,
absolute
pardon
does
not
exempt
the
culprit
law
that
the
crime
of
concubinage
No,
the
Fiscal'sofdismissal
of the
quasi-contracts
quasi-delicts,
buton
not on
from
payment
civil
liability.
Is case
Linda
prescribes
in tenand
(10)
years.
Was
the
Civil
indemnity
and
damages
under
the
alleged
prescription
is
not
correct.
The filing
SUGGESTED
ANSWER:
the
basis
of
delicts.
(People
v.
Bayotas,
236
entitled toby
reinstatement?
dismissal
the
fiscal
correct?
Explain,
(5%)
No,
Linda
is
not
entitled
to
reinstatement
toif
Revised
Penal
Code
are
recoverable
only
of
the
complaint
with
the
Municipal
Trial
SCRA 239 ).
her
former
position
inasmuch
as her
the accused
hadonly
been
convicted
withright
finality
Court,
although
for
preliminary
thereto
had
been
relinquished
or forfeitedthe
by
before he
died.
investigation,
interrupted
and suspended
Extinction;
& Civil Liabilities;
Effects;
reason
ofCriminal
her conviction.
The
absolute
period
of
prescription
in as
much
as Death
the of
Offended Party
(2000)
pardon
merely
her criminal
jurisdiction
of
aextinguished
court in a criminal
case is
(People
vs.
Galano.
SCRA
liability, removed
her
disqualification,
determined
by the75
allegations
in the and
193)
restored her
for not
appointment
to of
complaint
or eligibility
information,
by the result
that office. She has to re-apply for
proof.

Criminal Law Bar Examination Q & A (1994-2006)

towards
car
neutralize
and handed
Aparri. the
two
At daybreak,
sticks
Hernandez
of cigarettes
the crew
and found
tothe
C.
While
that
Salazar
a the
robbery
transaction
rulings.
took place.
The
was taking
amendment
They radioed
place, the
was
the
traffic
Aparri
sortlight
Port
of a
changed
rider
Authorities
to
to the
green
resulting
coup
and d'etat
the car
in law,
the
immediately
apprehension
Rep.crime
Act No
sped
ofwas
6968.
the
off.culprits.
As the car continued
What
committed?
Explain.
SUGGESTED
ANSWER:
Art
134-A: Coup
d etat Quiapo,
& Rape; Frustrated
to speed
towards
A clung(2005)
to the
(2.5%)
Piracy
in
the
high
seas
was
committed
Taking
into
account
the
nature
andand
elements
window of the car but lost his grip
fell by
the
renegade
Ybanags.
The
culprits,
who
are
of
the
felonies
of
coup
d
etat
and
rape,
may
down on the pavement. The car did not stop.
neither
members
of
the
complement
nor
one
be
criminally
liable
for
frustrated
coup
A suffered serious injuries which eventually
passengers
of theC ship,
seized
part
of the
d
etat or
rape?
Explain.
(2%)
caused
hisfrustrated
death.
was
charged
with
SUGGESTED ANSWER:
equipment
of the
vessel while
it was
ROBBERY with
HOMICIDE.
In the
end, three
the
No,
one cannot
be from
criminally
liable for
hundred
away
Aparri,
Court wasmiles
not convinced
with
moral Cagayan
frustrated
coup dPenal
etat or frustrated rape
(Art.
122,that
Revised
certainty
the guilt ofCode).
C has been
because in that
coupwhile
d etat
merewas
attack
Supposing
the the
robbery
established beyond reasonable doubt and,
directedplace,
against
the duly
constituted
taking
the culprits
stabbed
a
thus,
acquitted
him on the ground of
SUGGESTEDof
ANSWER:
authorities
ofthe
thecrew
Republic
ofsleeping.
the Philippines,
member
while
reasonable
doubt.
Can
the family
of the
Yes, as
against
C, A's
family
can
still
recover
or
any
military
camp
or Explain.
installation,
What
crime
was
committed?
victim
still
recover
civil
damages
in
view of
SUGGESTED
ANSWER:
civil
damages
despite
C's
acquittal.
When
communication
networks,
public
utilities
or
(2.5%)
the accused
acquittal
ofaC?
Explain.
(5%)
The
crime committed
isprosecution
qualified piracy,
the
in
criminal
is and
other
facilities
needed
for
the exercise
because
accompanied
by
physical
acquitted it
onwas
the ground
that
guilt
has
continued
possession
of his
power
would
injuries/homicide.
The
culprits
stabbed
a
not been proved
doubt,
a
consummate
thebeyond
crime. reasonable
The objective
may
member
of
the
crew
while
sleeping
(Art.
SUGGESTED
ANSWER:
civil
action
for
damages
for
the
same
act
or
not be to overthrow the government but only
123,
Revised
Code).
1)
... mayPenal
omission
be
action
to Yes.
destabilize
orinstituted.
paralyze Such
the government
Crimes
Against
the
Fundamental
requires
only
a
preponderance
of
evidence
through the seizure of facilities and
utilities
If
A's
family
can
prove in
the
negligence
B by
2)
On
Asthe
lawyer
other
of hand,
Andrew,
I will
the
file
crime
a motion
ofof rape
to
{Art.
29,
CC).
essential
to the
continued possession and
Law
of
the
State
preponderance
of evidence,
the
civil
quash the
on the
ground
ofeither
there
is Information
no frustrated
rape
it isaction
exercise of governmental powers.
for
damagesor
against
B will
prosper
based
on
prescription.
attempted
The
consummated
crime
of false
rape.
testimony
If the
Violation of Domicile vs. Trespass to Dwelling (2002)
quasi-delict.
Whoever
by
act orbecause
omission
under Art.who
180
has prescribed
accused
placed
himself
on top of a
What isdamage
the difference
between
violation
of
causes
to
there
being
Paolo,
woman,
the
raising
accused
heranother,
in
skirt
the and
principal
unbuttoning
case,fault
was
his
domicile
and
trespass
to
dwelling?
(2%)
or
negligence,
is obliged
payand
for therefore
the
acquitted
January
10,
1987
pants,
theonendeavor
to to
have
sex
with her
SUGGESTED ANSWER:
damage
done.
Such
fault
or
negligence,
the
very
penalty
apparent,
prescribed
is
guilty
for
of
such
Attempted
crime
The differences between violation of is rape.
about
contractual
relation
arresto
mayor
under
Art.
180,
par.
4, RPC.
On
thepre-existing
other
hand,
entry
on the
labia
or The
lips
domicile
and trespass
to dwelling
are;
1)
Crimes
punishable
byisarresto
mayor
between
the
parties,
called
a
quasi-delict
of
the
female
organ
by
the
penis,
even
offender in violation of domicile is a public
prescribes
in
fiveThis
(5)the
years
(Art. separate
90,laceration
par. 3,
[Art.officer
2176,
CC).
is entirely
and
without
rupture
of
hymen
acting
under
color
of or
authority;
in
RPC).
But
the
case
against
Andrew
was
filed
distinct
from to
civil
liability arising
from
of
the
vagina,
consummates
the
crime
of
trespass
dwelling,
the
offender
is
a
Civil
Liability;
Subsidiary;
Employers
(1998)
only
onMore
June
18,
whereas
the
principal
negligence
under
Penal
Code
[Arts,
31,in
rape.
so, 1994,
itthe
has
long
abandoned
its
private
person
or
public
officer
acting
Guy,
while
driving
a People
passenger
jeepney
criminal
case
wasof
with
finality
2176,
2177,
CC}.
stray
decision
indecided
vs.
50onPhil
2) a private
Violation
domicile
is Erina
committed
in
capacity.
Art
134-A;
Coup
detat
(2002)
owned
and
operated
by
Max,
bumped
Demy,
January
10,
1987
and,
thence
the
998
where
the
accused
was
found
guilty
of
3 different ways: (1) by entering the dwelling
If
a group ofperiod
persons belonging
to
the armed
a
pedestrian
crossing
the street.
Demy
prescriptive
crime
commenced
Frustrated
of another rape.
against of
the will
of the
latter; (2)
forces
makes
a swift
attack,
accompanied
by
sustained
injuries
which
required
medical
to
run.
From
January
10,
1987
to
June
18, the
searching
papers
and
other
effects
inside
Prescription
of
Crimes;
Simple
Slander
(1997)was
violence,
intimidation
and
threat
against a
attendance
for
three
months.
Guy
1994
is
more
than
five
(5)
years.
dwelling
without
previous consent
of the
A
wasmilitary
charged
in the
an information
the
vital
installation
for thewith
purpose
of
charged
with reckless
imprudence
resulting
owner;
or
(3)
refusing
to
leave
the
premises
crime
of grave
oraland
defamation
but
after such
seizing
power
takingby
over
to physical
injuries.
Convicted
the
which
he court
entered
surreptitiously,
after
being
SUGGESTED
ANSWER:
trial,
the
found
him or
guilty
of the
installation,
what
crime
are
they
Metropolitan
Trial
Court.
Guycrimes
was
sentenced
3)
Trespass
to
dwelling
isonly
committed
required
to
leave
the
premises.
The
perpetrators,
being
persons
belonging
offense
of
simple
slander.
He
filed
a
motion
guilty
of?
(3%)
to
suffer
a straight
penalty
three
months
only
inArmed
one
way;
thatwould
is, of
by
entering
to
the
Forces,
bethat,
guilty
of the
the
for
reconsideration
contending
under
of
arresto
mayor
and
ordered the
to indemnify
dwelling
of
another
against
express
or
crime
of
coup
d'etat,
under
Article
134-A
Upon
finality
of
the
decision,
a
writ
of
the
law,
the
simpleand
slander
would of
Demy
inwill
the crime
sum
ofof
P5,000
to pay
implied
of
the
latter.
the
Revised
Penal
Code,
as
execution
served
upon
Guy,
butamended,
was
have prescribed
in two
months
from
P1,000
as was
attorney's
fees.
because
their
attack
was
against
returned
unsatisfied
due
to
his
insolvency.
commission, and since the information vital
Crimes
Against
Public
Order
military
installations
which
are
essential
to
Demy
moved
for filed
a subsidiary
writ
of months
against
him
was
more
than
four
the
continued
possession
and
exercise
execution
against
Max.
The
latter
opposed
after the alleged commission of the crime, of
Art 134;
Rebellion;
Politically
Motivated;
Committed
byon
The
Solicitor
General
opposed
the
motion
governmental
powers,
and
their
purpose
is
the
on-the
ground
that
decision
the motion
same
had
already
prescribed.
NPA
Members
(1998)
B.
If
the
attack
is
quelled
but
the
leader
two
grounds:
first,
in
determining
the
to
seize
powerof by
taking over
such
made
no mention
his subsidiary
liability
On unknown,
May
5, was
1992,
about
6:00
a.m.,
while
is
who
shall
be
deemed
the
prescriptive
period,
nature
of
the
offense
installations.
and
that he
notatthe
impleaded
in
case.
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
Governor
Alegre
of
Laguna
was
on
board
his
leader
thereof?
(2%)
charged
in
the
Information
should
be
Howleader
will you resolve
the motion?
[5%] who
unknown,
any
The
motion being
is
tothe
be
granted.
Maxperson
as
an
car traveling
along
the National
Highway
of
considered,
not
crime
proved;
second,
in
fact directed
the
others,
spoke
for
them,
employer
of
Guy
and
engaged
in
anhim
industry
Laguna,
Joselito
and
Vicente
on
the
assuming
that
the
offense
hadshot
already
signed
receipts business)
and
other
documents
issued
(transportation
where
saidbyAt
head resulting
in
his
instant
death.
that
prescribed,
the defense
was
waived
the
in
their
name,
or performed
similar
acts, on
employee
is
utilized,
is
subsidiarily
civilly
time,
Joselito
and
Vicente
were
members
failure of A to raise it in a motion to quash. of
behalf
of ANSWER:
the
group
beRevised
deemed
the
SUGGESTED
liable
under
Article
103shall
of the
Penal
the liquidation
squad
of
the
New
People's
Resolve
the motion
for
reconsideration.
The
leader
motion
of
said
for
coup
reconsideration
d'etat
(Art
135,
should
R.P
.C.)
be
Code.
the decision
made noupon
Army Even
and though
they killed
the governor
granted.mention
of their
his subsidiary
liability,Commander
the law
orders of
senior officer.
violated
(Revised to
Penal
Code)
itself
Tiago. According
Joselito
and
Vicente,

42 of 86
43
44
Art
Coupordered
detat;
New
Lawand
(1998)Max
a) 134-A;
mandates
they
The
were
accused
for
such
cannot
toFirearms
liability
kill
be Governor
convicted
Alegre
of the
is
1.
How to
isofknow
the
of coup
d'etat
offense
deemed
because
of
simple
hiscrime
it
corrupt
because
slander
practices.
ignorance
althoughIfofityou
the
is
2.
Supposing
a publicin
school
teacher
committed?
[3%]
necessarily
law
were
is the
never
prosecutor,
included
excused.
And
what
thesince
offense
crime
hiswill
of
liability
grave
you
SUGGESTED
ANSWER:
participated
in aand
coup
d'etat
using
slander
is
charge
not primary
Joselito
charged
but
in
the
Vicente?
only
information,
subsidiary
[5%J an
because,
in case
If
I
were
the
prosecutor,
I would
charge
unlicensed
firearm.
What
crime
or crimes
the lesser
his
employee
offense
cannot
had
pay;
already
he
prescribed
need
not
be
at
Joselito
and
Vicente
with
the
crime
of
O.G.
6468;
Francisco
vs.
CA,
122
SCRA
did
commit?
[2%]
the he
impleaded
time
theininformation
the
in thewas
criminal
filed (People
case.538;
us.
It
rebellion,
considering
that
the
killers
were
Magat
vs.
People.
201
SCRA
21)
otherwise
Rarang,
suffices (CA)
that62he was duly notified of the
members
the easily
liquidation
squadthe
of rule
the
prosecutors
can
motion forofissuance
of acircumvent
subsidiary
writ
of
New
People's
Army
and
the
killing
was
upon
Civil
Liability;
When
Mandatory;
Criminal
Liability
(2005)
of
prescription
in
light
offenses
by
execution and thus given the opportunity the
to
orders
of was
their
commander;
hence,
The
accused
found
guilty
10 counts
of
simple
expediment
of filing
a of
graver
offense
be
heard.
politically-motivated.
This
was thewith
ruling
rape
having such
carnal
knowledge
the in
whichfor
includes
light
offense.
b) While
theAvila,
general
is the
the
failure
of
People
vs.
207rule
SCRA
1568
involving
same
woman.
In addition
to
penalty
of an
ALTERNATIVE
ANSWER:
accused to
file he
a motion
to movement
quash
before
he
identical
facts
which
is a
taken
imprisonment,
was ordered
to pay
If
I were
thecomplaint
prosecutor,
I would charge
pleads
tonotice
the
or
shall
judicial
of
as engaged
in rebellion
indemnity
in the
amount
of information,
P50,000.00
for
Joselito
and Vicente
for the
crime
of murder
be deemed
a waiver
grounds
of a
against
the Government.
each
count.
On
appeal, of
thethe
accused
as
the
purpose
of
the
killing
was
because
of
motion to the
quash,
theofexceptions
to this
questions
award
civil indemnity
forare:
his
"corrupt
practices
", which
does not
(1)
no
offense
was
charged
in
the
complaint
each count, considering that the victim is
appear
to be politically
motivated.
There(3)
is
or
lack
of Jurisdiction;
the information;
same woman.(2)
How
would
you rule on the
no
indication
as
to
how
the
killing
would
SUGGESTED
extinction
of
offense orExplain.
penalty;(3%)
and (4)
contentionANSWER:
of the
the accused?
The
contention
is Since
unmeritorious.
the
promote
or further
the objective
ofUnder
the
New
double
jeopardy.
the
ground
invoked
ALTERNATIVE
ANSWER:
law,
every
person
criminally
liable
is
civilly
Peoples
Army.
The
killing
is
murder
because
by
the accused
his motion
for
The
crime
should be in
rebellion
with murder
(People
vs. Balagtas)
liable.
(Art.
100,iswith
Revised
Penal
Code)
Since
it
was committed
treachery.
reconsideration
extinction
of
the
offense,
considering that Art. 135 of the Revised
each
count
charges
different
acts
then
can be
raised
even
afterfelonious
plea.
In fact,
Penalit Code
has
already
been
amended
by
and
ought
to
be
punished
differently,
the
LIABILITY
it may Act
evenCIVIL
be invoked
on
appeal from said
Rep.
No.
6968,
deleting
concomitant civil indemnity ex delicto for
Article, common crimes which used to be
every
criminal
act
should
be adjudged. Said
Civil
liability;
Effect
of
Acquittal
(2000)
punished
as
part
and parcel
of the crime of
civil
indemnity
is mandatory
upon
finding
Name
at
least
two
exceptions
the ageneral
rebellion.
The ruling in to People
vs.
of
the
fact
of rape;
it is distinct
from
and
rule
that
in
case
of
acquittal
of
the
accused
Hernandez, 99 Phil. 515 (1994), that
should
not becase,
denominated
as moral
in
a criminal
liability
is
rebellion
may not his
be civil
completed
with
damages
which
are
based
on
different
jural
SUGGESTED
ANSWER:
likewise
extinguished.
(2%)
Damages;
Homicide;
Temperate
Damages
(2006)
common
crimes
committed
in furtherance
Exceptions
to the
rule
that
acquittal
from Nos.
a
foundations.
v. Jalosjos,
G.R.
In
a crime
of(People
homicide,
the
prosecution
thereof,
was
because
the
common
crimes
criminal case
extinguishes
civil liability,
are:
132875-76,
November
16, 2001)
failed
to present
any receipt to135
substantiate
were
then
1) When
thepenalized
civil actioninis Art.
based on together
the
heirs'
claim
for
an
award
ofand
actual
with
the
rebellion,
with
penalty
Art.
arising
from the
actone
complained
of
as
a
obligations
not
damages,
such
as
expenses
for
the
wake
48
Rev. Penal
Code
cannot
be applied.
2) of the
When
acquittal
is
based
on
felony;
and
burial.
kind
of
damages
Art.
135 of What
said
exactly
the
reasonable
doubtCode
or remained
acquittal
is may
on the
the
SUGGESTED
ANSWER:
trial
court
award
to
them
and
how
much?
same
when
the
case
of
Enrile
vs,
Salazar,
ground
that
guilt
has
not
been
proven
The
court may award temperate damages in
(5%)
186
SCRA
217 doubt
(1990)
resolved.
beyond
reasonable
(Art.was
29,
New
Civil
the
amount
of twenty-five
(P25,000.00)
Precisely
for
the
reason
that
Art.
48
cannot
3)
Acquittal
due
to
an
exempting
Code);
thousand
pesos.
Under
jurisprudence,
apply
becauselike
the
common
crimesthewere
circumstance,
Insanity;
4) Where
temperate
damages
is awarded
in homicide
punished
as
part
of
rebellion
in
Art.
135,
court
states
in
its
Judgment
that
casethat
48.
It is
that in
vs.
when
nonoteworthy
sufficient proof
of Enrile
actualthe
damages
is
this
Article
was
amended,
deleting
the
merely
involves
a
civil
obligation;
5)
Where
Salazar
theactual
Supreme
Court said
offered (supra)
or if the
damages
proven is
common
therefrom.
Thatfor
the
common
there than
wascrimes
a twenty-five
proper
reservation
the
filing
these:
less
thousand
(P25,000)
crimes
wereis
deleted
from
saidneed
Article,
of
a
separate
civil
action;
6)
In
cases
of
"There
an
apparent
to
(People v. Salona, G.R. No. 151251, May 19,
demonstrates
athe
clear
legislative
intention
to
independent
civil
actions
provided
for
in
restructure
law
on
rebellion,
either
to
2004).
Crimes
Against
National
Security
treat
the32,
common
crimes
distinct
from
Arts.
31,
33
and 34
of theasNew
raise
the
penalty
therefor
or Civil
to clearly
7)
When
the
judgment
acquittal
and
the
Law
of Nations
rebellion
and
remove
the
impediment
Code;
define
and
delimit
the legal
otherof
offenses
to
includes
a declaration
that thethereby,
fact from
to
the
ofas
Art.
be application
considered
absorbed
so
Piracy
in the
the
Seas
& Qualified
Piracy arise
(2006) utilized
which
liability
might
did not
that
if High
itcivil
cannot
be conveniently
8)
Where
liability
is not
derived
exist
While
(Sapiera
the
S.S.
vs.the
Nagoya
CA,civil
314 SCRA
Maru
370);
was
negotiating
as the umbrella for every sort of illegal
or
the criminal
act of which
the
thebased
sea on
route
from Hongkong
towards
activity
undertaken
in its name.
The
(Sapiera
vs.
CA.
314
SCRA
370).
accused
is
acquitted
Manila,
still 300
miles from
Court and
has while
no power
to effect
such
Aparri,
Cagayan,
its
malfunctioned.
for ofitAcquittal
canengines
only
interpret
the law
Civil change,
liability; Effect
(2000)
TheasCaptain
ordered
the
ship
to and
stopwhat
for
at old
any working
given time,
A was itastands
17-year
student
who
emergency
repairs
lasting
for
almost
15
neededhislies
interpretation.
wasisearning
keepbeyond
as a cigarette
vendor.
hours.
Due
to
exhaustion,
the
officers
and
Hopefully,
will busy
perceive
the
B was
drivingCongress
a car
along
Espana
Andfell
significantly
the
said the
amendment
to
crew
asleep.
While
ship was
need
for
promptly
seizing
the
initiative
in
Street
about
p.m. Penal
BesideCode
B was
C.
Art.at135
of 7:00
the Rev.
was
anchored,
a
motorboat
manned
by
renegade
this
matter,
which
is
purely
with
in
its
Themade
car stopped
at an
because
at around
theintersection
time the passed
ruling
in
Ybanags
from
Claveria,
Cagayan,
by
province,"
of the
red
signal
of
the
traffic
light.
While
was handled
down,
obviously
andSalazar
took advantage
of the
situation.
Theyto
cut
waiting for the green signal, C beckoned A
the ship's engines and took away several
to buy some cigarettes. A approached the
heavy crates of electrical equipment and
loaded them in their motorboat. Then they
left hurriedly

SUGGESTED ANSWER:

1. The crime of coup d'etat is committed by

a swift attack, accompanied by violence,
intimidation, threat, strategy or stealth
against the duly constituted authorities of
the Republic of the Philippines, military
camps and installations, communication
networks, public utilities and facilities
needed for the exercise and continued
possession of power, carried out singly or
simultaneously anywhere in the Philippines
by persons belonging to the military or
police or holding public office, with or
2.
The public
school
teacher
committed only
without
civilian
support
or participation,
for
coup
d'etat
for
his
participation
therein.
His
the purpose of seizing or diminishing
state
use
of an
unlicensed
firearm is absorbed in
power.
(Art
134-A, RPC).
the coup d'etat under the new firearms law
(Rep. Act No. 8294).

Criminal Law Bar Examination Q & A (1994-2006)

help him chairman,

barangay
escape. The
B, prison
who followed
guards,them
seeing
as
he suspected
that
they were
that anoutnumbered
untoward incident
and that
might happen.
resistance
would
Upon
endanger
seeing the
A inside
lives the
of other
classroom,
patients,
deckled
X pointed
to allow
him out
thetoprisoner
his father,
to be
Y,
who administered
taken
by his followers.
a fist blow
Whatoncrime,
A, causing
if any,
SUGGESTED
him to
was
committed
fall ANSWER:
down.
byWhen
A's followers?
Y was about
Why?
to kick
(3%)A,
A's
followers
shallYbe
liable
as both
principals
B rushed towards
and
pinned
of thein
the
crime
of Seeing
deliveryhis
offather
prisoner
from
latter's
arms.
being
heldJail
by
(Art.
156,
Revised
Penal
Code).
B, X went near and punched B on the face,
which caused him to lose his grip on Y.
The felony is committed not only by removing
Throughout this incident, Z shouted words of
from any jail or penal establishment any
encouragement at Y, her husband, and also
person confined therein but also by helping in
threatened to slap A. Some security guards of
the escape of such person outside of said
the school arrived, intervened and
establishments by means of violence,
surrounded X, Y and Z so that they could be
intimidation, bribery, or any other means.
investigated
the principal's
Art
157; Evasion in
of Service
of Sentenceoffice.
(1998) Before
leaving,
Z
passed
near
A
and
threw
a small
Manny killed his wife under exceptional
flower
pot
at
him
but
it
was
deflected
a)
circumstances and was sentenced by
by B.
the
What, if any,
are Court
the respective
criminal
SUGGESTED
ANSWER:
Regional
Trial
of Dagupan
City to
liability
X
Y and
(6%)Assault
b) Would
your
a)
X the
isofliable
for Z?
Direct
only,
suffer
penalty
of destierro
during
which
answer
bethe
the
samethe
if B
were ainflicted
barangay
assuming
injuries
on B,
he
was not
to physical
enter
city.
tanod
only?
(4%)
While
serving
sentence,to Manny
went and
to
the
Barangay
Chairman,
be only slight
Dagupan
Citybe
to absorbed
visit his mother.
Later, he
hence, would
in the direct
1.
Did
Manny
any
was
arrested
incommit
Manila.
assault.
A Barangay
Chairman
is a person
2.
If
so,
where
should
he beand in this case,
crime?
[3%]
in authority (Art. 152, RPC)
prosecuted?
[2%]
was performing
his duty of maintaining
peace and order when attacked.
Y is liable for the complex crimes of Direct
Assault With Less Serious Physical Injuries
for the fist blow on A, the teacher, which
caused the latter to fall down. For purposes
of the crimes in Arts. 148 and 151 of the
Revised Penal Code, a teacher is considered
a person in authority, and having been
attacked by Y by reason of his performance
of official duty, direct assault is committed
with the resulting less serious physical
injuries completed. Z, the mother of X and
wife of Y may only be liable as an accomplice
to the complex crimes of direct assault with
less serious physical injuries committed by Y.
Her participation should not be considered
as that of a coprincipal, since her reactions
b) If B were a Barangay Tanod only, the act
were only incited by her relationship to X
of X of laying hand on him, being an agent of
and Y. as the mother of X and the wife of Y.
a person in authority only, would constitute
the crime of Resistance and Disobedience
under Article 151, since X, a high school
pupil, could not be considered as having
acted out of contempt for authority but more
of helping his father get free from the grip
of B. Laying hand on an agent of a person in
authority is not ipso facto direct assault,
while it would always be direct assault if
Art
148;to
Direct
Assault;in
Teachers
& Professors
(2002) to
done
a person
authority
in defiance
A,
a
lady
professor,
was
giving
an
the latter is exercise of authority.
examination. She noticed B, one of the
students, cheating. She called the student's
attention and confiscated his examination
booklet, causing embarrassment to him. The
following

45 of 86
day, while the class was going on, the
student, B, approached A and, without any
warning, slapped her. B would have inflicted
further injuries on A had not C, another
student, come to A's rescue and prevented B
from continuing his attack. B turned his ire
on C and punched the latter. What crime or
SUGGESTED ANSWER:
crimes, if any, did B commit? Why? (5%)
B committed two (2) counts of direct
assault: one for slapping the professor, A,
who was then conducting classes and thus
exercising authority; and another one for the
violence on the student C, who came to the
aid of the said professor.
By express provision of Article 152, in
relation to Article 148 of the Revised Penal
Code, teachers and professors of public or
duly recognized private schools, colleges and
universities in the actual performance of
their professional duties or on the occasion of
such performance are deemed persons in
authority for purposes of the crimes of direct
assault and of resistance and disobedience in
Art
136; Conspiracy
to Commit
(1994) And any
Articles
148 and
151 ofRebellion
said Code.
VC,
JG.
GG
and
JG
conspired
to
overthrow
person who comes to the aid of persons in
the
Philippine
authority
shallGovernment.
be deemedVGanwas
agent of a
recognized
as
the
titular
head of the
person in authority.
Accordingly,
the attack
conspiracy.
Several
meetings
held and
on C is, in the
eyes of
the law,were
an attack
on an
Art
148;
Persons
in Authority/Agents
of Persons
the
plan
finalized.
bothered
by inhis
agent
ofwas
a person
in JJ,
authority,
not
just an
Authority
(2000)confessed to Father Abraham
conscience,
attack on a student.
Who
are
deemed
toGG
be have
persons
in authority
that he, VG,
JG and
conspired
to
and
agents
of
persons
in
authority?
(3%)
overthrow the government. Father Abraham
SUGGESTED ANSWER:
did not report this information to the proper
Persons in authority are persons directly
authorities. Did Father Abraham commit a
vested
with
jurisdiction, whether as an
SUGGESTED
ANSWER:
crime? If so, what crime was committed?
No, Fatheror
Abraham
did notofcommit
a crime
individual
as a member
some court
or
What is his criminal liability?
because the conspiracy
involved
is one to
government
corporation,
board,
or
commit rebellion,
not a conspiracy
to
commission.
Barrio captains
and barangay
commit treason
which
makes persons
a person
chairmen
are also
deemed
in
Agents
of
persons
in
authority
are
criminally
liable
under
Art
116,
RFC.
And
authority. (Article 152, RPC)
persons
who by that
direct
law or by
even assuming
it provision
will fall asofmisprision
election
or by
appointment
of treason,
Father
Abraham by
is competent
exempted
authority,
are charged
with maintenance
of
from criminal
liability under
Art. 12, par. 7,
public
order, to
thereport
protection
security as
of
as his failure
can beand
considered
life
property, such
as barrio
councilman,
dueand
to "insuperable
cause",
as this
involves
Conspiracy
to commit
rebellion
results
in
barrio
policeman,
barangay
leader
and any
the sanctity
and
inviolability
of
a confession.
criminalwho
liability
to to
thethe
co-conspirators,
person
comes
aid of personsbut
in
In
provisions
Articles
not applying
to a person
who
learned of
of such
and 148
did
authority
(Art.the
152,
RPC),
and
151 of tothe
Penalauthorities
Code, teachers,
not report
theRev.
proper
(US vs.
professors
persons
charged
with
the
Vergara, 3 Phil.and
432; People
vs. Atienza.
56 Phil.
353).
Art 148; Direct Assault
vs. Resistance
& Disobedience
supervision
of public
or duly
recognized
(2001)
private
schools, colleges and universities,
A, a lawyers
teacher at
High performance
School, having
and
in Mapa
the actual
of
gottenprofessional
mad at X, one
of his
pupils,
because
their
duties
or on
the occasion
of the
latter's
throwing paper
at his
such
performance,
shall clips
be deemed
classmates,
twisted
his
right
ear.
X
went
out
persons in authority. (P.D. No. 299, and Batas
Art
156;
Delivery
of
Prisoners
from
Jail
(2002)
of
the
classroom
crying
and
proceeded
Pambansa Blg. 873).
A,
a detention
was
a
home
located at prisoner,
the back of
thetaken
school.toHe
hospital
emergency
treatment.
reported for
to his
parents Ymedical
and Z what
A had
His
ofZwhom
were armed,
went
donefollowers,
to him. Yall
and
immediately
proceeded
to
take himand
away
or
to the
thehospital
school tobuilding
because
they
were running and talking in loud voices,
they were seen by the

SUGGESTED ANSWER:

1. Yes. Manny committed the crime of

evasion of service of sentence when he went
to Dagupan City, which he was prohibited
from entering under his sentence of
destierro.
A sentence imposing the penalty of destierro
is evaded when the convict enters any of the
place/places he is prohibited from entering
under the sentence or come within the
prohibited radius. Although destierro does
not involve imprisonment, it is nonetheless a
deprivation of liberty. (People vs. Abilong. 82
2.
Manny
Phil.
172).may be prosecuted in Dagupan
City or in Manila where he was arrested.
This is so because evasion of service of
sentence is a continuing offense, as the
convict is a fugitive from justice in such
case. (Parulan vs. Dir. of Prisons, L-

28519, 17 Feb. 1968)

Criminal Law Bar Examination Q & A (1994-2006)

46 of 86

fetched by one of Pascual's men tried to

appease Pascual and Renato to prevent a
violent confrontation. However, Pascual
resented the intervention of the barangay
captain and hacked him to death. What
SUGGESTED
crime was ANSWER:
committed by Pascual? Discuss
Pascual
committed the complex crime of
fully.
homicide with assault upon a person in
authority (Arts. 148 and 249 in relation to
Art, 48, RPC). A barangay chairman, is in
law (Art. 152), a person in authority and if he
is attacked while in the performance of his
official duties or on the occasion thereof the
felony of direct assault is committed.
Art. 48, RPC, on the other hand, provides
that if a single act produces two or more
grave or less grave felonies, a complex
crime is committed. Here, the single act of
the offender in hacking the victim to death
resulted in two felonies, homicide which is
grave and direct assault which is less grave.

acting as principal offenders, launched a

swift attack thru strategy, stealth, threat,
violence or intimidation against duly
constituted authorities of the Republic of the
Philippines, military camp or installation,
communication networks, public facilities or
utilities needed for the exercise and
continued
possession
of
governmental
powers, for the purpose of seizing or
Unlike
rebellion
which requires a public
diminishing
state powers.
uprising, coup d'etat may be carried out
singly or simultaneously and the principal
offenders must be members of the military,
national police or public officer, with or
without civilian support. The criminal
objective need not be to overthrow the
existing government but only to destabilize
Complex
Crime;the
Direct
Assault with
murder (2000)
or paralyze
existing
government.
Because of the approaching town fiesta in
San Miguel, Bulacan, a dance was held in
Barangay Camias. A, the Barangay Captain,
was invited to deliver a speech to start the
Crimes against Public Interest
dance. While A was delivering his speech. B,
one of the guests, went to the middle of the
False Notes; Illegal Possession (1999)
dance
floor
making
obscene
dance
1
Is mere possession of false money bills
punishable under Article 168 of the Revised Penal movements, brandishing a knife and
challenging everyone present to a fight. A
Code? Explain. (3%)
approached B and admonished him to keep
2
The accused was caught in possession of
quiet and not to disturb the dance and peace
100 counterfeit P20 bills. He could not explain
how and why he possessed the said bills. Neither of the occasion. B, instead of heeding the
could he explain what he intended to do with the advice of A, stabbed the latter at his back
twice
when A turned his back to proceed to
fake bills. Can he be held criminally liable for
SUGGESTED ANSWER:
the
microphone
to continue
hisassault
speech.with
A
such possession? Decide. (3%}
The complex crime
of direct
fell to the
ground
and died.
time of
murder
was
committed.
A, At
as the
a Barangay
the incident
was notinarmed.
What
crime
Captain,
is aA person
authority
and
was
was
committed?
Explain.
(2%)when he tried to
acting
in an official
capacity

Art. 134; Rebellion vs. Coup d'etat (2004)

Distinguish clearly but briefly: Between
rebellion and coup d'etat, based on their
constitutive elements as criminal offenses.
SUGGESTED ANSWER:

REBELLION is committed when a multitude

of persons rise publicly in arms for the
purpose of overthrowing the duly constituted
government, to be replaced by a government
of the rebels. It is carried out by force and
violence, but need not be participated in by
any member of the military, national police
COUP
D'ETATofficer.
is committed when members
or any public
of the military, Philippine National Police, or
public officer,

maintain peace and order during the public

dance in the Barangay, by admonishing B to
keep quiet and not to disturb the dance and
peace of the occasion. When B, instead of
heeding A's advice, attacked the latter, B
acted in contempt and lawless defiance of
authority constituting the crime of direct
assault, which characterized the stabbing of
A. And since A was stabbed at the back when
he was not in a position to defend himself nor
retaliate, there was treachery in the stabbing.
Hence, the death caused by such stabbing
was
murder
and having
been
committed with
Art 148;
Direct Assault
with murder
(1995)
direct
assault,
a
complex
crime
of direct
Pascual operated a rice thresher
in
assault
with
murder
was
committed
by
B.
Barangay Napnud where he resided.
Renato, a resident of the neighboring
Barangay Guihaman, also operated a mobile
rice thresher which he often brought to
Barangay Napnud to thresh the palay of the
farmers there. This was bitterly resented by
Pascual, one afternoon Pascual, and his two
sons confronted Renato and his men who
were operating their mobile rice thresher
along a feeder road in Napnud. A heated
argument ensued. A barangay captain who
was

SUGGESTED ANSWER:

1
No. Possession of false treasury or bank
note alone without an intent to use it, is not
punishable. But the circumstances of such
possession may indicate intent to utter, sufficient
to consummate the crime of illegal possession of
false notes.
2
Yes. Knowledge that the note is counterfeit
and intent to use it may be shown by the conduct
of the accused. So, possession of 100 false bills
reveal: (a) knowledge that the bills are fake; and
(b) intent to utter the same.

Criminal Law Bar Examination Q & A (1994-2006)

document; or by erasing, substituting,

counterfeiting, or altering by any means the
figures, letters, words or signs contained
therein.
FALSIFICATION, on the other hand, is committed
1
Counterfeiting or imitating any
by:
handwriting, signature or rubric;
2
Causing it to appear that persons have
participated in any act or proceeding when they
did not in fact so participate;
3
Attributing to persons who have
participated in an act or proceeding statements
other than those in fact made by them;
4
Making untruthful statements in a
narration of facts;
5
Altering true dates;
6
Making any alteration or intercalation in a
genuine document which changes its meaning;
7
Issuing in an authenticated form a
document purporting to be a copy of an original
document when no such original exists, or
including in such copy a statement contrary to, or
different from, that of the genuine original; or
8
Intercalating any instrument or note
relative to the issuance thereof in a protocol,
registry, or official book.

False Testimony (1994)

Paolo was charged with homicide before the
Regional Trial Court of Manila. Andrew, a
prosecution witness, testified that he saw
Paolo shoot Abby during their heated
argument. While the case is still pending, the
City Hall of Manila burned down and the
entire records of the case were destroyed.
Later, the records were reconstituted.
Andrew was again called to the witness
stand. This time he testified that his first
testimony was false and the truth was he was
abroad when the crime took place.

47 of 86 The judge immediately ordered

the prosecution of Andrew for giving a false
testimony favorable to the defendant in a
criminal case. 1.] Will the case against
Andrew prosper? 2.] Paolo was acquitted.
The decision became final on
January 10, 1987. On June 18, 1994 a case of
false testimony was filed against Andrew. As his
giving
lawyer, what legal step will you
SUGGESTED
take? ANSWER:
1) Yes. For one to be criminally liable under
Art. 181, RFC, it is not necessary that the
criminal case where Andrew testified is
terminated first. It is not even required of
the prosecution to prove which of the two
statements of the witness is false and to
prove the statement to be false by evidence
other than the contradictory statements
(People vs. Arazola, 13 Court of Appeals Report,
2) As
lawyer
of Andrew, I will file a motion to
2nd
series,
p. 808).

quash the Information on the ground of

prescription. The crime of false testimony
under Art. 180 has prescribed because
Paolo, the accused in the principal case, was
acquitted on January 10, 1987 and therefore
the penalty prescribed for such crime is
arresto mayor under Art. 180, par. 4, RPC.
Crimes punishable by arresto mayor
prescribes in five (5) years (Art. 90, par. 3,
RPC). But the case against Andrew was filed
only on June 18, 1994, whereas the principal
criminal case was decided with finality on
January 10,
1987 and, thence
the
prescriptive period of the crime commenced
to run. From January 10, 1987 to June 18,
Falsification;
Presumption
of Falsification
1994 is more
than five
(5) years. (1999)
A falsified official or public document was
found in the possession of the accused. No
evidence was introduced to show that the
accused was the author of the falsification.
As a matter of fact, the trial court convicted
the accused of falsification of official or
public document mainly on the proposition
that "the only person who could have made
the erasures and the superimposition
mentioned is the one who will be benefited
by the alterations thus made" and that "he
Was
conviction
the for
accused
proper
alonethe
could
have the of
motive
making
such
although
the
conviction
was
premised
merely
alterations".
on the aforesaid ratiocination? Explain your
SUGGESTED
ANSWER:
answer. (3%)
Yes, the conviction is proper because there is
a presumption in law that the possessor and
user of a falsified document is the one who
falsified the same.
Forgery & Falsification (1999)
How are "forging" and "falsification" committed?
SUGGESTED ANSWER:
(3%)
FORGING or forgery is committed by giving
to a treasury or bank note or any instrument
payable to bearer or to order the
appearance of a true and genuine

Criminal Law Bar Examination Q & A (1994-2006)

48 of 86
49
50
51
52
53
54
55

ALTERNATIVE
ANSWER:
SUGGESTED
ANSWER:
There
or infidelity
accused
Danny
King
but
returned
there
committed
is
must
claimed
nowas
crime
in
make
tothe
jail
no
that
of
custody
reparation
the
early
attempt
subornation
they
composite
each
are
ofto
documents
corresponding
morning,
not
kill?
ofpublic
crime
perjury.
Explain
of
Sisenando
account
Dela
execution
consideration"
Works
permission
Renta
andfor
which
purchased
Highways,
from
may
the
ofstill
would
his
the
government
duty
be
prompt
the
the
have
suspended
officer.
share
amount
produced
enforcement
ofUpon
property
of
the
pendente
the is
No.
Pete
did
not
act
in
defense
of
his
honor.
Pascual
committed
the
complex
crime
The
shall
accountable
to
until
Rape
your
the
crime
answer.
the
be
with
value
imposed.
ten-day
ishomicide
of
officers
now
(3%)
the
sentence
treated
Sec.
car
and,
as
which
1
of
a
as
ifhad
Pany
single
.D.
plain
is been
No.
crime
perjury
indivisible
1829
fully
was
enough
lite
intended
of the
reaching
despite
writ
felony
the
factual
ofholding
front
execution
of basis
homicide
yard
a different
which
of
for
his
were
home,
is
apublic
an
it
finding
official
not
he
office,
for of
stockholders
P100,000.00
known
of
Estrella
as
the
Corporation
fund
for
inof
two
For
this
defense
to apply
under
Art.
11,
homicide
with
assault
upon
a
person
in term
SUGGESTED
ANSWER:
ALTERNATIVE
ANSWER;
with
refers
committed,
P800,000.00.
served.
offense,
the
merely
Did
not
one
it
the
ainducing
should
to
complex
Chief
the
imposition
only
of
another
crime,
Police
be Estafa
and
as
commit
of
the
the
Theft.
under
higher
any
The
installments,
malversation.
the
causes
dutyPDIC,
construction,
noticed
of independent
the
that
when
sheriff
the
making
rehabilitation,
Indeed,
light
he
toof
was
do.
him
in
the
even
the
charged.
the
act
master
betterment,
his
majority
of Dante.
explanation
The
bedroom
and
The
accused
isl(b)
liable
for
the
death
of as
the
a)
On
the
premise
even
without
there
SUGGESTED
must
ANSWER:
be
an
unlawful
aggression
which
authority
(Arts.
148
and
249
in
relation
to
Malversation;
Properties;
Legis
(2001)
principal
penalty
Art.
crime?
taking
315,
Explain.
and
ofpar.
inducement,
Laura's
does
not
ofCustodia
the
preclude
jewelry
and
Revised
the
latter,
when
prosecution
Penal
she
Code.
is
that
"office"
Dante
was
on
the
had
and
in
guns
the
Sec.
that
were
intent
the
13that
stolen
of
bedroom
to
kill
isjudging
incredible.
3019
window
applies
from
was
For
to
if
stockholder
Improvement
thereof
(CRBI)
and
forR.A.
eventually,
the
concreting
itsthe
ofthe
The
Chief
of
Police
is
guilty
of aimed
violation
ofa
victim
though
he
P2,000,
Sheriff
Rivas
had
to
out
is
asproper
an
attack
or
material
Art,
48,
RPC).
ABen
barangay
chairman,
isshould
inthe
Accused
Juan
Santos,
amerely
deputy
sheriff
inState
principal
fordefined
What
already
obstruction
iseven
dead
the
by
direct
is
of
only
justice,
participation
offense
theft.
even
committed?
if
(People
the and
same
vs.
president.
the
any
weapon
Barangay
open.
firearms
office
Approaching
used,
Phanix
Because
which
were
the
Road
the
manner
actually
the
officer
located
front
stockholders
of
stolen,
door,
committing
might
incarry
Masinloc,
he
he
currently
who
was
sold
Art.
223,
RPC,
consenting
conniving
tokill
fired
ALTERNATIVE
at
the
ANSWER:
latter's
leg,
"not
intending
to
the
writ
of
execution
and
not
that
he
would
Criminal
aggression
that
Tumultous
poses
a
Affray
danger
(1997)
to his
or
law
(Art.
152),
anot
person
inbody
authority
and
he
Regional
Trial
Court,
levied
on
the
personal
Podol
not reason(s)
the
constitute
66Liability;
Phil.
365)
for
another
.your
Since
answer.
offense.
in or
this
(5%)
case
A life
cannot
have
be
crime
surprised
holding
reported
and
to
the
and
hear
part
the
sighs
matter
ofnecessarily
the
and
immediately
giggles
stabbed.
the
inside
office
toifthe
or
their
Zambales,
stocks
a
failed
project
to
undertaken
comply
with
on
their
proposal
Obstruction
of
Justice
is
not
committed
in
evasion,
the
elements
of
which
are
(a)
he
is
SUGGESTED
ANSWER:
the
victim",
considering
that
the
gunshot
be
implementing
the
writ
only
because
of
personal
safely.
It
must
be
a
real
aggression
is
attacked
while
in
the
performance
of
his
During
a
town
fiesta,
a
free-for-all
fight
properties
of
a
defendant
in
a
civil
case
be held liable for perjury, the matter that he
warranties
authorities.
position
Dante
of the
the
bedroom.
Barangay
is guilty
in attendant
relation
(People
He
ofCaptain.
opened
less
vs.
toto
serious
Baguiran
which
the
the
Informed
sale,
door
physical
he
, 20
Sisenando
is
very
SCRA
that
charged
the
453;
The
proper
offense
committed
this
case,
the
act
destroying
the
a
public
officer,
(b)
he
is
inof
charge
orwith
was
felonious
and
was
the
proximate
cause
the
the
receipt
ofG.R.
theC
amount
by
C.
AP2,000.00,
rushed
inside
and
grabbed
but
the
characterized
by
a
physical
force
or
athe
official
duties
or
on
the
occasion
thereof
the
erupted
in
the
public
plaza.
As
awrit
result
of
before
said
court,
pursuant
to
awas
of
testified
tobecause
being
immaterial,
he
cannot
Felicilda
(Segovia
injuries
carefully
for
us.
v.
and
Grospe,
the
Sandiganbayan,
peeped
wounds
GR
inside
No.
sustained
10294,
where
July
No.
by
he3,122740,
saw
1992)
withheld
fund
was
payment
already
exhausted
of
the
second
while
installment
the
(1999)
Malversation
of
Public
Property,
not
estafa,
Malversation
vs.
Estafa
(1999)
evidence
in
his
custody
is
already
penalized
custody
of
a
prisoner,
detention
or
prisoner
of
death.
An
offender
is
liable
for
all
the
said
sheriff
may
be
regarded
as
a
gift
latter
managed
to
wrest
himself
free
and
weapon
to
cause
injury
or
damage
to
one's
felony
of
direct
assault
is
committed.
tumultuous
affray,
A
sustained
one
fatal
and
execution
duly
issued
by
the
court.
Among
March
30,1998).
therefore be held responsible as a principal
due
Mamerto.
concreting
his
wife
on the
B There
having
shares
of Barangay
appears
sexual
and deposited
Phanix
intercourse
to be no
Road
the
intent
with
money
to in
What
Art.
48,
constitutes
RPC,
on
the
the
crime
hand,
of and
malversation
provides
considering
Reyes
and
Santos,
upon
How
isinstead,
malversation
distinguished
from
by
another
law
which
imposes
a
higher
Infanticide
(2006)
judgment,
(c)
that
the
prisoner
direct,
natural,
and
logical
consequences
of
received
by
reason
ofother
office
not
as
a
jumped
out
of
the
window,
A followed
suit
life.
(People
v.that
Nahayra,
G.R.
Nos.
96368-69,
three
superficial
stab
wounds.
He
a day
thefinal
properties
levied
upon
and
deposited
by
inducement
when
he
induced
Cdied
to
testify
kill
their
because
neighbor
Dante
merely
assaulted
escrow
remained
unfinished,
subject
ahis
representative
to
release
once
of
said
the
SUGGESTED
ANSWER:
Under
Article
of
the
Revised
Penal
that
if a single
act
produces
two
more
of
public
funds
or
property?
(2%)
their
application,
were
constituted
as
"fiscal
estafa?
penalty.
(Sec.
1,247
PPeople
.I).
No.
escaped,
and
(d)
there
must
be
connivance.
Ana
has
been
a
bar
girl/GRO
atand
aor
beer
his
felonious
although
different
from
"consideration"
for
the
of house
an
and
managed
to
catch
Cperformance
again
after
a
October
17,
1991;
v. 1829)
Housing,
G.R.
No.
after.
B,
C,
D act
and
E
were
proven
to
be
inside
the
"evidence
room"
ofC
the
Clerk
of as
on
his
status.
Consequently,
is
not
liable
stockholders
Mamerto
Commission
without
on
comply
Audit
using
with
conducted
the
their
knife.
warranties.
a
spot
audit
SUGGESTED
ANSWER:
Malversation
from
in
that
Jurisdiction;
Impeachable
(2006)
Relaxation
ofina1991)
prisoner
isOfficers
considered
grave
or
less
grave
felonies,
aestafa
complex
Code,
is
destierro
aPublic
penalty?
Explain.
agents"
of
the
sequestered
firm
and
for
more
than
2differs
years.
She
fell
in
love
with
what
he
intended.
However,
since
specific
official
duty;
hence,
only
indirect
Bribery
64965,
July
18,
furious
struggle,
managed
also
to
strangle
participants
the
"rumble",
each
using
Court
for
Multiple
RTC
Salas
were
awerea
principal
by
direct
participation
in
perjury,
The
of
Elizabeth
stockholders
who
failed
concerned,
to
account
in
turn,
for
the
SUGGESTED
ANSWER:
Malversation
of
public
funds
or
property
malversation
is
committed
by
an
accountable
b)
On
the
part
of
the
plaintiff
and
her
Judge
Rod
Reyes
was
appointed
by
former
infidelity,
thus
making
the
penalty
crime
committed.
Here,
the
single
acther.
of is
Perjury
(2005)
"given
custody
and
possession"
of
the
Oniok,
the
bartender,
who
impregnated
intent
to
kill
is
absent,
the
crime
for
said
would
be
committed
said
sheriff.
him
tois
death.
A
then
rushed
back
to
his
knife
but
itof
notmaterial
be
refrigerator,
aA,
stock
cassette
tapes,
a to an
having
testified
on
matters
not
rescinded
Pl00,000
CRBI
the
sale
fund.
in by
Elizabeth,
question
and
who
removed
was
In
theagainst
case
of
People
v.could
Abarca,
G.R.
No.
committed
by
any
public
officer
who,
by
ALTERNATIVE
ANSWER:
public
officer
involving
public
funds
lawyer
as
giver
of
the
bribe-money,
the
President
Fidel
Ramos
as
Deputy
ineffectual;
although
the
convict
may
not
the
offender
in hacking
the
victim
to death or
Al
Chua,
a Chinese
national,
filed
athe
petition
sequestered
properties,
including
But
Ana did
not
inform
him
about
death
istable
only
homicide
and
not
murder
bedroom
where
his wife
B was
cowering
ascertained
who
among
them
inflicted
the
dining
set
of
chairs
and
several
administrative
case.
Sisenando
charged
with
from
malversation
the
Presidency
of
public
of her
the
funds,
Estrella
74433,
September
14,
1987,
the
Court
ruled
The
accused
is
liable
for
the
death
of
the
reason
of
the
duties
of
his
office,
property
under
his
custody
and
crime
is
Corruption
of
Public
Officials
under
Ombudsman
for
the
Visayas
for
a
term
of
7
have
fled
(US
vs.
Bandino,
9
Phil.
459)
it
is
still
resulted
twoinstead,
felonies,
homicide
which
isBtois
under
oath
for
naturalization,
with
the
delivery
vans
which
later
they
could
not off
condition
went
home
toverified
(People
vs.
Pugay
and
Samson,
167
SCRA
under
theinand
bed
covers.
Still
enraged,
ACebu
mortal
injury.
Who
shall
be
held
criminally
lampshades.
Upon
the
defendant's
paying
Corporation,
was acquitted
Sisenando
by
the
Sandiganbayan
then
filed
a
ofhit
that
that
Article
247
does
not
define
ashooting
felony.
victim
in
as
much
as
his
act
of
the
accountable
for
public
funds
or
property,
accountability;
while
estafa
is
committed
by
SUGGESTED
ANSWER:
Article
212,
Revised
Penal
Code.
years
commencing
on
July
5,1995.
Six
violative
of
the
provision.
It
also
includes
a
grave
and
direct
assault
which
is less
grave.
Regional
Trial
Court
ofAhe
Manila.
In
his
account
for.
They
were
thus
made
the his
conceal
her
shame.
However,
her
parents
439)
with
fist
blows
and
rendered
her
liable
for
the
death
of
and
for
what?
the C,
judgment
creditor,
tried
to
claim
complaint
charge
but
for
was
damages
nevertheless
against
convicted,
said
in the
However,
it
went
on
to
state
that
the
penalty
victim
at
the
leg
is
felonious
and
is
the
shall
take
or
misappropriate
or
shall
consent,
Direct
Complex
Bribery:
Crime;
Infidelity
Parricide
in
w/
the
unintentional
Custody
of
Documents
abortion
B,
D,
and
E
being
participants
in
non-accountable
public
officer
or
private
months
thereafter,
a
lady
stenographer
filed
case
when
the
guard
allowed
the
prisoner,
petition,
hebut
stated
that
hethat
is married
to
Leni
depositary
and
administrator
of
properties
drove
her away.
So
she
returned
toofManila
unconscious.
The
police
arrived
after
being
properties
found
out
several
items
stockholders
same
criminal
in
case,
his
capacity
for
illegal
use
president
public
and
is
merely
banishment
of
the
accused,
proximate
(People
vs.Office
Revilla).
cause
of
death.
Aaproven
person
(2005)
or
(1994)
through
abandonment
or as
negligence,
shall
tumultuous
affray
and
having
been
individual
involving
funds
or
property
for
with
the
the
Ombudsman
who
is
serving
aofliving
six-day
sentence
the
Chua;
that
he
is
with
her
in in
Sampaloc,
deposited
by
public
authority
and
hence,
byto
and
stayed
with
Oniok
in
his
boarding
house.
summoned
by
their
neighbors
and
arrested
were
missing,
such
as
the
cassette
tapes,
principal
funds.
On
stockholder
appeal,
Elizabeth
of
Estrella
argued
Corporation.
that
her
intended
for
his
protection.
Punishment,
performing
a
felonious
act
is
criminally
permit
any
other
person
to
take
such
public
During
Aldrich
a
was
PNP
dismissed
buy-bust
from
operation,
his
Job
Cao
by
his
Shih
have
inflicted
serious
physical
injuries,
or
at
which
he
is
not
accountable
to
the
complaint
for
acts
ofgood
lasciviousness
with
municipal
Jail,
to
sleep
in his
house
andare
eat
Manila;
that
he
is
of
moral
character;
the
duties
of
their
office/position,
they
Upon
learning
of
her
pregnancy,
already
in
A
who
was was
detained,
inquested
and
charged
chairs
and
lampshades.
After
due
andA,
In
conviction
retaliation,
the
erroneous
stockholders
asgrams
she
concerned,
applied
Public
Officers;
Infidelity
in
Prisoners
(1997)
therefore,
is
not
inflicted
on of
the
accused.
Malversation:
Anti-Fencing:
Carnapping
liable
for
all
theconducted
direct,
natural,
and
logical
funds
or property,
wholly
or
partially,
shall
was
employer.
SUGGESTED
arrested
ANSWER:
Upon
for
reaching
selling
20home,
his
of or the
least,
employed
violence
upon
are
government.
the
Supreme
Court
a Custody
petition
for
disbarment
there
and
that
he
has
himself
in an
accountable
for
such
properties.
Such
an
advanced
state,
Oniok
tried
to
persuade
for
the
death
of
C
and
serious
physical
ALTERNATIVE
ANSWER:
diligent
sleuthing
by
the
police
detectives
after
amount
petitioning
of
P50,000.00
the
Securities
for
a
public
and
purpose
Exchange
During
a
town
fiesta.
A,
the
chief
of
police,
(2005)
Allan,
the
Municipal
Treasurer
of
the
a)
Yes,
A
is
liable
for
C's
death
but
under
consequences
of
such
act
although
different
SUGGESTED
ANSWER:
otherwise
be
guilty
of
the
misappropriation
methamphetamine
pregnant
wife,
Carmi,
hydrochloride
nagged
him
(shabu)
about
to
criminally
liable
for
the
latter's
death.
And
against
him.having
Forthwith,
he
filedhis
separate
irreproachable
manner
during
stay
the
properties,
been
sequestered
byinthe
Yes.
Article
247
of the
Revised
Penal
Code
her
to undergo
an
abortion,
but
she
refused.
Injuries
of B.
a)declare
Is
Alaw
liable
for
C's
death?
assigned
to
the
case,
these
missing
items
Commission
without
violating
to
any
the
or
rescission
ordinance
valid,
permitted
B,
a
detention
prisoner
and
his
Municipality
of
Gerona,
was
in
a
hurry
to
Elizabeth's
contention
that
her
conviction
the
exceptional
circumstances
in
Article
247
from
what
he
intended.
And
since
such
or
malversation
of
such
funds
or
property,
a
money
poseur-buyer.
for
her
medicines.
Cao
Shih,
Depressed
through
an
by
his
because
it
cannot
be
ascertained
who
motions
to
dismiss
the
complaint
for
actsfiling
of
Philippines.
However,
at
the
time
of Santos,
the
Government
through
the
PCGG,
are
in
does
not
define
and
provide
for
ato
specific
Malversation
Because
of
(1999)
their
constant
and
bitter
Why?
(5%)
b)
Ispublic
Aafter
liable
for
B's
injuries?
were
found
in
the
house
of
accused
further
appropriating
filed
aoffice
the
criminal
said
amount
case
for
for
perjury
any
compadre,
to
leave
the
municipal
jail
and
The
failure
of
Reyes
and
Santos
give
any
return
to
his
a the
day-long
official
for
illegal
use
of
funds
(technical
of
the
Revised
Penal
Code,
where
only
death
SUGGESTED
was
ANSWER:
attended
by
treachery,
the
same
(Art,
217,
RPC)
intermediary,
dismissal
and
paid
angered
Patrick,
by
the
nagging
Evidence
of his
among
them
inflicted
the
mortal
injury
onthe
A,
lasciviousness
and
petition
for
disbarment,
of
the
petition,
Leni
Chua
was
already
living
custodia
legis
and
therefore
impressed
with
crime
but
grants
a
privilege
or
benefit
to
quarrels,
she
suffered
birth
pangs
and
gave
A
Municipal
Treasurer,
accountable
for
Why?
(5%)
who
reasoned
out
that
he
only
borrowed
SUGGESTED
ANSWER:
10:00
a.m.
to
8:00
p.m.
B
returned
to
the
municipal
against
specific
Sisenando,
purpose.
The
claiming
absence
that
of
such
the
latter
law
or
If
I
were
the
fiscal/prosecutor,
I
would
file
an
entertain
visitors
in
his
house
from
satisfactory
explanation
why
the
vans
were
conference.
He
alighted
from
the
government
malversation)
was
erroneous,
is
legally
destierro
is
prescribed.
Article
247
governs
will
constitute
murder
but
the
accused
Custodian
wife,
Aldrich
of
the
struck
PNP
Carmi
Forensic
with
Chemistry
his
fist.
She
there
being
a
free-for-all
fight
or
tumultuous
claiming
lack
of
jurisdiction
over
his
person
in
Cebu,
while
Al
was
living
with
Babes
Toh
the
character
of
public
property,
even
though
accused
for
the
killing
of
another
or
the
birth
prematurely
to
a
live
baby
girl
while
public
funds
or
property,
encashed
with
The
motion
to
dismiss
the
complaint
of
the
them
temporarily.
If
you
were
the
fiscal
8:30
p.m.
Was
there
any
crime
committed
by
jail
at
perjured
ordinance
himself
was,
in
when
fact,
he
established.
stated
under
Is
the
oath
information
for
Malversation
against
Juan
missing,
is
prima
facie
evidence
that
they
SUGGESTED
ANSWER:
car
which
was
officially
assigned
to
him,
tenable
because
she
was
charged
since
surprised
his
wife
B in she
the for
act
should
be C,
given
the motions
benefit
of
the
mitigating
Section,
fell
toAthe
the
ground.
amount
Asof
a P500,000.00
result,
and
inof
her
affray.
B,
D,belong
and
Eto
are
all
liable
for the
and
office.
Are
both
meritorious?
in
Manila,
with
whom
he
an
amorous
the
properties
ahas
private
infliction
of
Serious
Physical
Injuries.
Oniok
was
at
his
place
of
work.
Upon
coming
public
funds
private
checks
drawn
in
favor
SUGGESTED
ANSWER:
Deputy
Ombudsman
for
the
acts
ofindividual
/prosecutor,
what
would
be
the
nature
of
the
SUGGESTED
A?
No,
Sisenando
may
not
be
held
liable
for
in
contention
the
verification
of
Elizabeth
of
his
legally
complaint
tenable?
for
Santos
for
the
cassette
tapes,
chain
and
had
put
the
same
to
their
personal
use.
leaving
theANSWER:
ignition
key
and
the
car
unlocked,
malversation
of
public
funds
under
Art.
217
having
sexual
intercourse
with
C,
and
the
circumstance
that
he
did
not
intend
to
consideration
unborn
baby
died.
for
the
What
destruction
crime
was
by
Patrick
crime
of
death
caused
in
a
tumultuous
affray
(5%)
relationship.
After
hiscrime
direct
testimony,
Al
(Art.
RPC).
Destierro
is
a
punishment
whereby
a convict
Yes,
A222,
committed
the
of
infidelity
in
home
and
learning
what
happened,
he
of
his
wife.
The
checks
bounced,
the
drawer
Murder;
Definition
&should
Elements
(1999)
Aldrich
committed
the
crime
of
parricide
lasciviousness
be
denied
as
only
the
information
to
be
filed
against
the
accused?
Malversation
(2006)
Criminal
Liability;
Tumultuous
Affray
(2003)
perjury
because
It
cannot
be
reasonably
damages
Explain.
that
he
is
the
President
of
the
lampshades
which
he,
as
deputy
sheriff,
and
rushed
to
his
office.
Jules,
a
bystander,
of
the
Revised
Penal
Code
but
was
convicted
killing
of
C
was
"Immediately
thereafter"
as
commit
so grave
aofpetition
wrong
as
that
which
was
committed
drug.by
Patrick
Aldrich?
managed to destroy the
under
Article
251
the place
Revised
Chua
withdrew
his
for
naturalization.
is
banished
to
aaPhilippine
certain
and
the
ofis
prisoner.
Since
BPenal
is
a Code.
upon
Ana
towhen
conceal
her
dishonor.
not
having
enough
cash
in later
the
drawee
bank.
Define
murder.
What
are
the
elements
with
unintentional
abortion.
When
Aldrich
Ombudsman
included
inNational
the
list
of
Why?
(5%)
1.
In
1982,
the
Bank
In
acustody
free-for-all
brawl
that
ensued
after
someof theprevailed
Grave
Scandal
(1996)
maintained
that
he
willfully
and
deliberately
SUGGESTED
ANSWER:
Estrella
Corporation
in
fact
he
had
levied
upon
and
thus
under
his
drove
off
with
the
car
and
sold
the
same
for
Illegal
use
of
public
funds
which
is
the
discovery,
escape,
pursuit
and
killing
of
committed
(Art.
13(3),
RPC)
drug. State with reasons whether Patrick C
What
or
crimes,
if any,
did
Al Chua
SUGGESTED
ANSWER:
prohibited
from
or
coming
near
detention
prisoner.
As
Chief
of
Police,
A
hasthe
Hence,
they
placed
the
infant
inUnder
a220
shoe
box
The
Municipal
Treasurer,
in his
encashing
crime?
[3%]
struck
his
wife,
Carmi,
with
fist,
he
impeachable
found
in
Article
XI
Al
Chua
committed
perjury.
His
declaration
What
SUGGESTED
are
ANSWER:
the
respective
crimes,
ifthe
any,
(PNB),
then
aofficers
government
banking
customers
inside
night
club
became
unruly,
made
an
assertion
of
afor
falsehood
when
he
Pia,
a crime
bold
actress
on
top
floor
of
aof
already
been
removed
as
such.
accountability
asentering
a living
public
officer.
Said
to
his
brother,
Danny
P20,000.00,
defined
and
punished
under
Art.
of
said
form
one
continuous
act.
(U.S.
vs.
Vargas,
2
committed
the
following
crimes:
(7%)
1.]
(a)
Murder
is
the
unlawful
killing
of
a
person
commit?
Explain.
(5%)
that
place
designated
in
the
sentence,
not
custody
over
B.
Even
if
B
returned
to
the
and
threw
it
into
a
nearby
creek.
However,
private
checks
from
public
funds,
violated
b)
Likewise,
A
is
liable
for
the
serious
committed
the
crime
of
maltreatment
under
Patrick
committed
the
crimes
of
Direct
1987
Constitution.
Therefore,
the
under
oath
for
naturalization
that
he
is
of
institution,
hired
Henry
dela are
Renta,
a them
CPA, as
committed
by
Allan,
Danny
and
Jules?
guns
fired under
by
a group,
among
A
alleged
in
the
complaint
thatP800,000.00.
hewith
is
theheld
plush were
condominium
in
Makati
City
facts
of
the
case,
could
Sisenando
be
properties
being
levy,
in custodia
although
the
car
was
worth
Code.
A
public
officer
charged
Phil.
194)
Direct
Bribery;
which
otherwise
would
constitute
only
SUGGESTED
ANSWER:
less
than
25
kms.
(People
Araquel,
G.R.
No.
municipal
Jail
at
8:30
A,
as
custodian
of
an
inquisitive
saw
them
and
regulations
of
his
office.
Notwithstanding
physical
injuries
he
inflicted
on
his
wife
B
Art,
266,
par.
3neighbor
of
the
Revised
Penal
Code,
Bribery
Infidelity
in
the
Custody
ofwith
Sandiganbayan
has
jurisdiction
over
his
good
moral
character
and
residing
at
Regional
Bank
Auditor.
Inv.
1992,
hecharacter
resigned
Explain.
and
B,
that
finally
put
the
customers
back
to
President
of
the
Corporation,
obviously,
heof
sunbathed
naked
at
itsp.m.
penthouse
every
liable
forand
perjury?
Explain.
legis
and
thus
impressed
with
the
malversation
may
not
be
validly
convicted
Did
the
court
correctly
order
Pete
to
pay
homicide,
had
it
not
been
attended
by
any
of
Allan,
the
municipal
treasurer
is
liable
for
L-12629,
December
9,
1959)
the
prisoner,
has
maliciously
failed
to
the
help
of
others,
retrieved
the
infant
who
restitution
of
the
amount
of
the
checks,
can
but
under
the
same
exceptional
Since
Carmi
died
because
of
the
felonious
Documents.
When
a
public
officer
is
called
prosecution
(Office
of
Ombudsman
vs.
Sampaloc,
Manila
are
false.
This
information
and
was
employed
by
the
Philippine
Deposit
their
senses.
Unfortunately,
one
customer
made
the
allegation
on
the
premise
that
hisact
Sunday
morning.
She
was
unaware
that
the
of
public
property,
misappropriation
of
which
illegal
use
of
public
funds
(technical
SUGGESTED
ANSWER:
indemnity
despite
his
exoneration
under
1.
With
treachery
or
taking
advantage
of
the
following
circumstances:
malversation
committed
through
negligence
perform
the
duties
ofholding
his
office,
and
when
he
was
already
from
drowning.
the
Municipal
Treasurer
nevertheless
be
circumstances
incriminally
Article
247
of
the
Revised
of
Aldrich,
hedead
is
liable
ofThe
parricide
upon
to perform
or
refrain
from
performing
SUGGESTED
ANSWER:
CA,
G.R.
146486,
March
4,
2005).
Likewise,
is
material
to
his
petition
for
naturalization.
Insurance
Corporation
(PDIC),
another
died.
Subsequent
revealed
removal
from
the
presidency
is not
valid
business
executives
office
atCode?
the that
constitutes
the
crime
of
malversation
malversation)
because
the
latter
crime
isand
not
Yes,
notwithstanding
the
restitution
of
the
Article
247
of
theinvestigation
Revised
Penal
superior
strength,
or
with
the
aid
of
armed
or
culpa.
The
government
car
which
was
permits
said
prisoner
to
obtain
a
relaxation
incident
was
reported
to
the
police
who
criminally
liable?
What
crime
did
he
Juan
Santos
misappropriated
such
properties
The
conviction
of
Ana
and
Oniok
is
not
Penal
Code,
for
the
same
reasons.
under
Art.
246,
RPC
in
relation
to
Art.
4,
par.
an
official
act
in
exchange
for
a
gift,
present
the
Supreme
Court
has
jurisdiction
over
the
He
committed
perjury
for
this
willful
and
government-owned
and
controlled
A's
gunshot
had
inflicted
on
the
victim
a
that
is
precisely
the
issue
brought
about
by
adjoining
tall
buildings
reported
to
office
SUGGESTED
ANSWER:
although
said
properties
belonged
to
a
necessarily
included
nor
does
it
necessarily
amount
of
the
check,
the
Municipal
Explain.
men,
or
employing
means
toapplied
weaken
the to
assigned
to
him
is
public
property
under
Death
under
Exceptional
Circumstances
(2005)210,
of
hisbecause
imprisonment,
he
consents
to
the
arrested
Ana
and
Oniok.
The
were
charged
commit?
correct.
They
Explain.
are
liable
(2%)
for
infanticide
when,
inindividual
breach
of
trust,
he
them
1
of
the
same
Code.
unborn
babyhis
of
or
consideration
given
to
him
petition
for
disbarment,
as
he
isPNB
athe
member
of
deliberate
assertion
of
falsehood
which
Yes,
the
privilege
defined
under
this
corporation.
In
1995,
after
the
slight
wound
that
did
not
cause
the
his
complaint
to
the
SEC.
Itthe
is2(Art.
a
fact
that
every
Sunday
morning
and,
with
useisof
private
(Art.
222,
RPC).
include
the
crime
of Since
malversation.
The
Treasurer
will
be
criminally
liable
as
defense
or
of means
orpunishment
persons
to
insure
or
accountability
by
reason
of
his
duties.
By his
Pete,
a
security
guard,
arrived
home
late
prisoner
escaping
the
of
being
with
parricide
under
Article
246
of
the
his
own
private
use
and
benefit.
His
because
they
killed
a
child
less
than
three
Carmi
died
in
the
process,
but
Aldrich
had
no
Revised
Penal
Code),
the
crime
committed
is
the
bar.
His
motion
to
dismiss
should
be
contained
in
a
verified
petition
made
for
a
Article
exempts
the
offender
from
criminal
management
unearthed
many
irregularities
deceased's
death
nor
materially
contribute
Sisenando
has
been
the
President
of
the
powerful
binoculars,
kept
on
gazing
at
her
Sandiganbayan
should
have criminal
followed
the of
restitution
doesrendering
not
liability
2.
In consideration
of awhich
price,can
reward
afford
impunity;
Malversation
(1994)
act
of
henegate
permitted
the
taking
one
night
after
overtime.
was
deprived
of
his
liberty
be
Revised
Penal
Code.
After
trial,
they
were
days
ofnegligence,
age
(Art.
Revised
Penal
Code).
allegation
that
he
only
borrowed
such
intention
to
cause
the
abortion
of
hisHe
wife,
direct
bribery.
Secondly,
he
destroyed
the
denied
(See
Rule
139
and
139
ofofthe
Rules
legal
purpose.
(Choa
v.
People,
G.R.
No.
142011,
liability
but
not
from
civil
liability.
(People
v. of
and
violations
the
bank's
rules
and
to
it.
It
was
B's
gunshot
that
inflicted
a fatal
corporation
and
it255,
isin
from
that
position
that
while
she
sunbathed.
Eventually,
her
procedure
provided
Sec.
11,
Rule
119
of in
although
it
may
be
considered
as
a
ALTERNATIVE
ANSWER:
3.
By
means
orof
on
the
occasion
or
promise;
Randy,
an
NBI
agent,
was
issued
by
the
NBI
the
car
by
another
person,
resulting
Murder
&
Sec.
25,
R.A.
No.
9165
(2005)
shocked
to
see
Flor,
his
wife,
and
Benjie,
his
considered
real
and
actual
evasion
of
service
convicted
of
the
crime
charged.
Was
the
properties
is
a
lame
excuse,
devoid
of
merit
Aldrich
committed
unintentional
abortion
as
shabu
which
is
an
evidence
in
his
official
Crimes
Committed
by
Public
Court).
March
14,
2003)
Abarca,
G.R,
No.
L-74483,
September
14,
1987;
regulations,
dela
Renta
was
found
to
have
wound
on
the
deceased.
A
contended
that
stockholders
concerned
purportedly
sunbathing
became
the
talk
of
the
town.
1)
No
crime
was
committed
by
the
Chief
of
the
Rules
of
Court
and
order
the
filing
of
the
mitigating
circumstance
similar
or
inundation,
fire,
poison,
explosion,
an
armalite
rifle
(Ml6)
and
a
Smith
and
SUGGESTED
ANSWER:
malversation,
consistent
with
the as
language
best
friend,
completely
naked
having
sexual
Candido
stabbed
an RPC.
innocent
bystander
who
under
Article
223
of
the
Revised
Code
conviction
correct?
as
there
is
noif
one
from
whom
he
borrowed
defined
in
Art.
257,
Inasmuch
the
custody,
thus,
constituting
infidelity
in(People
the
Art.
12,
Revised
Penal
Code)
manipulated
certain
accounts
involving
trust
his
liability
if
at
all,
bePenal
limited
to
removed
him,
whereupon
he
filed
the
What
any,
did
Pia
commit?
Explain,
Police.
It
was
only
an
act
of
leniency
orthe
proper
Information.
(Parungao
us.
analogous
tobumped
voluntary
surrender.
shipwreck,
stranding
Officers
of
awith
vessel,
Danny
violated
the
Anti-Fencing
Law.
He is
No,
I crime,
beg
toshould,
disagree
A's
contention
Wesson
Revolver.
Cal.
38.
After
a derailment
year,
SUGGESTED
ANSWER:
of
Art.
217
of
the
Revised
Penal
Code.
intercourse.
Pete
pulled
out
his
service
gun
accidentally
him.
The
innocent
Homicide;
Fraustrated;
Physical
Injuries
(1994)
(People
vs.
Leon
Bandino
29
Phil.
459).
the
same.
The
fact
that
it
was
only
"after
due
single
act
of
Aldrich
produced
two
grave
or
custody
of
documents
under
Art.
226
of
the
funds
and
time
deposits
of
depositors.
After
slight
physical
Would
you
agree?
complaint
questioning
hiswhich
removal.
There
is
2) Pia
What
crime,
if
any,
did
the
business
laxity
in
the
performance
offall
his
duty
and
not
Sandiganbayan.
197
SCRA
173.)is
From
the
vs.
Velasquez,
73
Phil
98),
He
will
be
or
assault
upon
a injury.
railroad,
of
an
airship,
in
possession
ofas
an
item
the
subject
that
his
liability
should
be
limited
to
slight
1)
did
not
commit
aby
crime,
the
NBI
Director
made
anevening,
inspection
offelony
all
the
Perjury
(1997)
and
shot
and
killed
Benjie.
Pete
was
charged
bystander
died
a
result
of
the
stabbing.
At
about
11:00
in
the
Dante
forced
2.]
Indirect
bribery;
and
diligent
sleuthing
the
police
less
grave
felonies,
he
falls
under
Art,
48,
Revised
Penal
Code.
investigation,
he
was
charged
with
Why?
6%
no
willful
and
deliberate
assertion
of
a
executives
commit?
Explain.
in
excess
of
his
duty
(People
vs.
Evangelista
facts,
there
is
no
showing
that
there
is
a
law
Criminal
Liabilities;
Rape;
Homicide
&
Theft
(1998
No)
P
.D.
No.
1612
(Anti-Fencing
Law)
under
Bribery
&
Corruption
of
Public
Official
(2001)
criminally
liable
for
malversation.
However,
or
by
means
of
motor
vehicles,
or
with
the
of
thievery.
physical
injury
only.
He
should
be
held
closest
making
Pia
criminally
liable
isliable
SUGGESTED
ANSWER:
firearms
issued.
Randy,
who
reported
for
A,
a government
employee,
was
with
murder
for
the
death
of
Benjie.
Pete
Candido
arrested
and(People
was
tested
to be
his
wayto
inside
house
ofcase",
Mamerto.
Jay,
detectives
assigned
to
the
that
the
RPC,
ie.restitution
awas
complex
vs.
malversation
ofthe
public
funds
before
the
falsehood
which
is
acrime
requisite
perjury.
4.
On
occasion
of
an
earthquake,
eruption
(CA)
38
O.G.
158).
or
ordinance
appropriating
theof
amount
to aof
Section
King
5
provides
to
theuse
house
that
ofcommitted
mere
Laura
possession
who
was
if
thewent
was
made
immediately,
Deputy
Sheriff
Ben
Rivas
received
from
the
use
of
any
other
means
involving
great
SUGGESTED
ALTERNATIVE
ANSWER:
ANSWER:
Indirect
bribery
was
not
because
for
attempted
homicide
because
he
inflicted
Public
Officers;
definition
(1999)
Grave
Scandal,
but
then
such
act
is
not
to
be
work
that
morning,
did
not
show
up
during
administratively
charged
with
immorality
contended
that
he
acted
in
defense
of
his for
positive
for
the
of
shabu
at
the
time
Mamerto's
son,
saw
Dante
and
missing
items
were
found
in
theaccosted
house
ofhim,
Salufrancia,
159
SCRA
401).
Sandiganbayan.
He
filed
a
motion
to
dismiss
of
a
volcano,
destructive
cyclone,
epidemic
specific
public
purpose.
As
a
matter
of
fact,
any
good,
article,
item,
object
or
any
thing
of
Crimes
Against
Persons
alone.
Laura
offered
him
a
drink
and
after
RTC
Clerk
of
Court
a
Writ
of
Execution
in
the
under
vehement
protest
against
an
The
An
information
contention
for
of
Henry
Theft
may
dela
be
Renta
filed,
is
not
waste
and
ruin;
he
did
not
receive
the
bribe
because
of
his
said
injury
with
the
use
of
aabsence
firearm
which
is
Who
are
officers?
considered
asahighly
scandalous
and
the
inspection.
He
on
having
anpublic
affair
with
B, a(2%)
coemployee
in the
honor
and
that,
therefore,
he
should
be
he
committed
the
stabbing.
What
should
be
Dante
pulled
knife
and
stabbed
Jaywithout
on hisof
Santos,
negates
hiswent
pretension.
Malversation
(2001)
contending
he
was
no
longer
an
employee
5.
With
evident
or
other
public
calamity;
the
problem
categorically
states
that
the
value
consuming
which
three
has
been
bottles
the
of
subject
beer.
King
of
robbery
made
imputation
of
malversation
and
without
tenable.
case
considering
of
Ejectment
Dela
that
Renta
the
filed
may
sheriff
by
be
Mrs.
had
prosecuted
Maria
already
for
The
court
found
that
Benjie
died
under
SUGGESTED
ANSWER:
office
but
in
consideration
of
a
crime
in
a
lethal
weapon.
Intent
killcommotion
is inherent
in
offensive
against
decency
and
good
customs.
leave
(AWOL).
After
two to
years,
he
same
office
who
believed
him
to Santos,
be single.
To
acquitted
ofcharge
the
crime.
the
proper
against
Candido?
abdomen.
Mamerto
heard
Alex
Reyes,
together
with
Jose
the
PNB
but
of
the
PDIC.
Isthe
dela
Renta's
6.
With
cruelty,
by
deliberately
and
premeditation;
ALTERNATIVE
ANSWER:
absence
ofto
such
law
or
ordinance
was,
inwere
Public
Officers
are
persons
who,
by
direct
Complex
Crime;
Homicide
w/
The
killing
was
not
attended
by
any
ofwas
the
or
thievery
shall
be
prima
facie,
evidence
of
advances
her
and
with
force
and
violence,
Estrada
vs.
Luis
Ablan.
The
judgment
being
leaving
the
office,
he
may
not
be
criminally
malversation
deposited
the
even
properties
heAssault-Authority
had
levied
ceased
upon
in
bethe
anof
exceptional
circumstances
and
exonerated
connection
with
his
official
duty.
the
use
of
a
firearm.
(Araneta,
Jr.who
Court
In
the
first
place,
itifNBI
was
not
done
inv.to
a(1995)
public
surrendered
to
the
the
two
firearms
exculpate
himself,
A
testified
that
he
Explain.
(3%)
and
went
out
of
his
room.
Dante,
was
former
warehousemen
ofelection
theand
Rustan
contention
tenable?
(2.5%)
Yes,
I would
agree
to
A's
contention
that
inhumanly
augmenting
the
suffering
of
thehis
fact,
established."
So,
procedurally
provision
of
the
law,
popular
or
qualifying
circumstances
enumerated
under
Pascual
operated
a
rice
thresher
in
fencing.
ravished
her.
Then
King
killed
Laura
and
liable.
employee
in
"evidence
favor
of
of
room"
Estrada,
the
PNB.
of
the
Rivas
At
Clerk
the
went
time
of
to
Court
her
of
the
and
Pete
of
the
crime,
but
sentenced
him
to
Appeals,
187
SCRA
123
[1990])
place and
within
public
knowledge
view.
issued
toescape,
him.
Heassaulted
was charged
withorJay
single
and wasStore.
willing In
to marry
B, the
He PCGG
about
to
Mamerto.
Department
1986,
criminal
liability
should
be
for
slight
victim,
oroffice
outraging
orhe
scoffing
at
his
person
Jules
isSection
guilty
of
carnapping.
He
took
Randy
put
up
the
defense
that
he
not
substantially
, the
the
Sandiganbayan's
decision
appointment
competent
authority,
takes
Article
248
ofby
Revised
Penal
Code.
The
Barangay
Napnud
where
he
resided.
took
her
jewelry.
lawyer's
where
was
given
the
commission
may
already
ofof
the
been
offense,
relieved
PNB
was
ofdid
his
aby
destierro,
conformably
with
Article
247
ofthe
3.]
3(e)
of
RA
3019
(AntiAs
a have
matter
of
fact
it was
discovered
the
malversation
government
property
before
induced
C
to
testify
and
C
did
testify
that
B
suffered
injuries
which,
were
it
not
for
the
sequestered
the
assets,
fund
and
properties
physical
injury
only,
because
he
fired
his
or
corpse.
motor
Doming,
vehicle
King's
belonging
adopted
brother,
to
another
learned
without
appropriate
the
armalite
rifle
and
the
suffers
from
serious
Infirmity.
part
inand
the
performance
of
public
functions
killing,
however,
constitutes
murder
because
Renato,
a resident
of
theand
neighboring
government
necessary
accountability
amounts
owned
therefor.
constituting
and
controlled
sheriffs
the
Revised
Penal
Code.
The
court
also
executives
accidentally
theythe
have
to use
Graft
Corrupt
Practices
Act);
the
Sandiganbayan.
was
single.
The
truth,
however,
was
that
A
timely
medical
attendance,
would
have
of
the
owners-incorporators
ofthe
theorstore,
gun
only
to
pacify
the
unruly
customers
of
the
about
latter's
the
incident.
consent.
He
(R.A.
went
No.
to6539)
Laura's
If
Juan
Santos
was
no
longer
the
public
SUGGESTED
ANSWER:
revolver
for
his
own
use,
that
the
delay
in Pia
in
the
Government
the
Philippines,
the
commission
of aof
crime
under
Barangay
Guihaman,
also
operated
a mobile
fees
and
expenses
for
execution
in
the
total
corporation
and
therefore,
any
crime
ordered
Pete
to pay
indemnity
to
heirs
binoculars
to
have
public
and
full
view
of
had
earlier
married
D,
now
a neighbor
of C.of
caused
his
death.
Mamerto
sustained
alleging
that
they
constitute
"Ill-gotten
the
night
club
and
therefore,
without
intent
See.
3(e),
R.A.
No.
8019
was
not
committed
house,
hid
her
body,
cleaned
everything
and
officer
who
should
be
accountable
for
the
SUGGESTED
ANSWER:
2)
The
business
executives
did
not
commit
accounting
for
them
does
not
constitute
performs
in
said
Government
or
in
any
of
its
influence
of
prohibited
drugs
is
a
qualifying,
rice
thresher
which
he
often
brought
to
Is
the
defense
of
Pete
meritorious?
SUGGESTED
ANSWER:
committed
amount
of
P550.00,
by
the
Regional
aside
from
Bank
P2,000.00
Auditor,
in
the
victim
in
the
amount
of
P50,000.00.
(5%)
sunbathing
in
the
nude.
Is
A
guilty
of
perjury?
Are
A
and
C
guilty
of
Injuries
that
incapacitated
him
for
25
days.
wealth"
of
the
Marcos
family.
Upon
their
SUGGESTED
ANSWER:
No.
A
is
not
guilty
of
perjury
because
the
to
kill.
B's
gunshot
that
inflicted
a
fatal
What,
because
if
there
any,
was
are
no
their
actual
respective
injury
to
the
civil
washed
the
bloodstains
inside
the
room.
properties
levied
upon
and
found
in
his
any
crime.
Their
acts
could
not
be
acts
of
Dante
committed
qualified
trespass
to
conversion
and
that
actually
the
firearms
branches
public
duties
as
an
employee,
aggravating
circumstance.
(Sec.
25,
R.A.
No.
Barangay
Napnud
to
thresh
the
palay
of
the
Explain.
consideration
of
prompt
enforcement
of
the
who
iscrime
a public
officer,did
is subject
to the
subordination
of
perjury?
What
or deceased
crimes
Dante
commit?
No.
A (1999)
person
who
commits
acts
penalized
application,
Reyes
and
were
Later,
King
gave
Jose,
his
legitimate
brother,
Murder
2.
After
his
arraignment,
the
prosecution
willful
falsehood
asserted
by
him
is not
wound
on
the
may
not
be
imputed
government.
When
there
is
no
specific
liabilities?
Explain.
(5%)
house,
his
taking
such
properties
would
lasciviousness
[as
there
was
no
overt
lustful
dwelling,
frustrated
homicide
for
the
were
stolen
bythe
hisof
friend,
Chiting.
Decide
the
agent
or
subordinate
official,
ofSantos
any
rank
or
9165)
farmers
there.
This
was
bitterly
resented
by
jurisdiction
writ
from
Estrada
of
Sandiganbayan
and
her
lawyer.
(See
The
writ
R.A.
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
under
Article
247
of
the
Revised
Penal
Code
appointed
as
fiscal
agents
of
the
sequestered
Public
Officers;
Infidelity
in
Custody
of
Prisoners
(1996)
one
piece
of
jewelry
belonging
to
Laura.
Jose
filed
a
motion
for
his
suspension
pendente
The
accused,
not
intending
to
kill
the
victim,
material
to203,
the charge
of immorality.
to
because
conspiracy
cannot
exist
when
quantified
injury,
violation
is not committed.
no
longer
constitute
Malversation
but
Theft,
act),
or
as
the
eventual
talk
of
the
stabbing
of
Jay,
and
less
serious
physical
case.
class
(Art.
RPC)
Pascual,
One
afternoon
Pascual,
and
his
two
wasA
successfully
enforced.
a) What
crime,
if
7975
asslander,
amended
by
RA.
8249).
Allan
isofA
under
obligation
toinjuries
restitute
the
Randy
is
guilty
as
charged
under
Art.
217,
for
death
or
serious
physical
inflicted
firm
and
they
were
given
custody
and
knew
that
the
jewelry
was
taken
from
Laura
A
chief
police
of
a
municipality,
believing
lite,
to
which
heassault
filed
anon
opposition
claiming
treacherously
shot
the
victim
while
the
victim
Whether
is
single
or
married,
the
charge
there
is
a free-for-all
brawl
orto
tumultuous
(Garcia-Rueda
vs
Amor,
et
al.,
G.R.
No.
116938,
as there
was
taking
with
intent
gain,
of
town,
resulting
from
her
sunbathing,
is
not
injuries
for
the
Mamerto.
sons
confronted
Renato
and
his
men
who
any,
did
the
sheriff
commit?
(3%)
b)
Was
vehicle
or
make
reparation
if
not
possible.
Death
under
Exceptional
Circumstances
(2001)
SUGGESTED
ANSWER:
RPC.
He
is
accountable
for
the
firearms
they
under
exceptional
circumstances
is
still
possession
of
the
sequestered
building
and
but
nonetheless
he
sold
it
for
P2,000.
What
in
good
faith
that
a
prisoner
serving
a
tenthat
he
can
no
longer
be
suspended
as
he
is
was
turning
his
back
to
him.
He
aimed
at
and
September
20,
2001)
The
crime
of
qualified
trespass
to
dwelling
of
immorality
against
him
as
a
government
affray.
A
and
B
are
liable
only
for
their
personal
property
another
without
the
directly
imputed
toofthe
business
executives,
were
operating
their
mobile
rice
thresher
there
any
crime
committed
by
Estrada
and
a)
The
sheriff
committed
crime
ofThe
Direct
A
and
Bhim
are
husband
and
wife.
A is
issued
to
in
his
official
capacity.
Malversation;
Technical
Malversation
(1996)
criminally
liable.
However,
this
is
merely
an
its
contents,
including
various
vehicles
used
crime
or
crimes
did
King,
Doming
and
day
sentence
in
the
municipal
jail,
would
not
no
longer
an
employee
ofthe
the
PNB
but
that
hit
the
victim
only
on
the
leg.
The
victim,
4.]
Obstruction
of
Justice
under
PD
employee
could
proceed
or
prosper.
In Jose
other
should
not
be
complexed
with
frustrated
respective
act
consent
of
the
latter.
and
besides
such
topic
is
not
intended
to
along
a
feeder
road
in
Napnud.
A
heated
her
lawyer
and
if
so,
what
crime?
(2%)
Jules
must
pay
the
amount
hetothe
gained
from
Bribery
under
the
second
paragraph
of
employed
as
a
security
guard
at
Landmark,
SUGGESTED
ANSWER:
failure
of
Randy
to
submit
the
firearms
upon
Elizabeth
is
the
municipal
treasurer
of
exempting
circumstance
when
victim
in
the
firm's
operations.
After
a
few
months,
commit?
Discuss
their
criminal
liabilities.
escape,
allowed
said
prisoner
sleep
at
the
of
the
PDIC.
Explain
whether
he
may
or
may
however,
died
because
of
loss
of
blood.
Can
homicide
...
words,
A's
civil
status
is
not
a
defense
to
1829;
defame
or ensued.
put Pia to
ridicule. captain who
argument
A Penal
barangay
the
sale
ofANSWER:
the
car
which
ismunicipal
P20,000.00.
Patrick
SUGGESTED
committed
the
crime
of obstruction
Article
210,
Revised
Code,
since
the
p.m.
to
7:00
a.m.
One
night,
he felt
sick
and
his
shift
being
from
11:00
demand
created
the
presumption
that
he
Masinloc,
Zambales.
On
January
10,
1994,
Perjury
(1996)
suffers
any
other
kind
of
physical
injury.
the
an
inventory
was
conducted
it In
was
Dante
committed
frustrated
homicide
for
[10%]
latter's
house
the
was
not
be
suspended.
(2.5%)
the
accused
bebecause
liable
for
homicide
or Jail
murder,
charge
of
immorality,
hence,
not
aand
material
was
fetched
by
one
of
Pascual's
men
tried
to
of
justice
although
the
feigner
penalty
P2,000
cold,
hence,
was
received
he
decided
by
him
to
go
"in
home
around
SUGGESTED
ANSWER:
converted
them
for
his
own
use.
Even
if
she
received,
as
municipal
treasurer,
from
case
at
bar,
Pete
will
suffer
the
penalty
of
discovered
that
two
(2)
delivery
vans
were
the
stabbing
of
Jay
because
he
had
already
so
congested
and
there
was
no
bed
space
considering
that
treachery
was
clearly
matter
that
could
influence
the
charge.
appease
Pascual
and Renato to prevent a
imposable
onthe
direct
bribery
midnight
after
getting
there
is no
direct
the
Department
ofevidence
Public
destierro
for
death
of
Benjie.
missing. After
demand
was
made upon
performed
all
the
acts
of of
available.
Accordingly,
the
prisoner
wentthem,
involved
violent
confrontation.
However,
Pascual
misappropriation, his failure to
Reyes
and
Santos
failed
to
give
any
home
to
sleep
every
night
resented the intervention of the barangay
satisfactory
explanation
why
the
vans
were
captain and hacked him to death. What
missing or to turn them over to the PCGG;
crime was committed by Pascual? Discuss
hence, they were charged with Malversation
fully.
of Public Property. During the trial, the two

Criminal Law Bar Examination Q & A (1994-2006)

and and
Jose
B bought
Serious pancit
Physicaland
Injuries
mixed
through
it with
RecklessAImprudence
poison.
gave the food
withwith
respect
poison
to the
to C,
grandson.
but
before Are
C could
the charges
eat it. D,
correct?
her illegitimate
SUGGESTED
C.
D and
EANSWER:
shared
the food inson,
the arrived.
presence
Explain.
father,
and
(5%)
E, her legitimate
Yes,
the
charges
are correct.
For
of A who merely watched
them
eating. C, D
deliberately
runningofover
Mang
Jose's of
and E died because
having
partaken
prostrate
body
after
having
bumped
him and
the poisoned
food.
What
crime
or crimes
did
SUGGESTED
ANSWER:
his
grandson,
the driver indeed committed
A and
B commit?
A
committed
the crime
of multiple
Murder,
qualified
by treachery.
Said parricide
driver's
for
the
killing
of
C,
her
lawful
husband,
D,
deliberate intent to kill Mang Jose
was
her
illegitimate
and E,over
her the
legitimate
demonstrated
byfather,
his running
son.
Allbody
these
killings
constitute
parricide
latter's
twice,
by backing
up the
van
under
Article
246 of the
Revisedthe
Penal
Code
and driving
it forward,
whereas
victim
As
theof
serious
physical
injuries
sustained
because
her
relationship
with the
wastohelpless
and
not in a position
to victims.
defend
B
committed
the
crimeold
of grandson,
murder asasa acoby
MangorJose's
10-year
himself
to retaliate.
conspirator
of Abeen
in the
C because
result of having
hitkilling
by the of
speeding
the
killing
was
carried
out by
means
vehicle
of said
driver,
the same
were
the of
poison
248.
par. 3, Revised
result of(Art.
reckless
imprudence
which is Penal
Code).
But for
causing
the death
punishable
as afeloniously
quasi-offense
in Article
365
of the
D and
E, Penal
B committed
two
counts
Revised
Code. The
charge
of of
homicide.
The plan was
only to kill
C.
Reckless Imprudence
Resulting
to Serious
Rape
(1995)Injuries is correct. The penalty next
Physical
Gavino
boxed
histowife
Alma
for refusing
higher in
degree
what
ordinarily
should to
sleep
with him.
He then
violently
threw did
her
be
imposed
is called
for, since
the driver
Murder;
Treachery
(1995)
on
floor
forced
to have
sexual
not the
lend
help and
on
the
spot,her
which
help he
On
hishave
way given
towith
buytoahim.
lottovictims.
ticket,
a policeman
intercourse
As
a result
Alma
could
the
(a)
Can Gavino
be
charged
with
suddenly
found himself
surrounded
by four
suffered
serious
physical
injuries.
(b)
Can
Gavino
be wrestled
charged with
serious
rape?
Explain.
men.
One
of them
the police
officer
physical
injuries?
to the ground
andExplain
disarmed him while the
(c)
Will
yourcompanions
answers to (a)
(b)armed
be the
other
three
whoand
were
same
if
before
the
incident
Gavino
and
with a hunting knife, an ice pick, and a Alma
were
legally
separated?
Explain.
balisong,
repeatedly
stabbed
him. The
policeman died as a result of the multiple
SUGGESTED ANSWER:
stab
wounds inflicted by his assailants. What
All the assailants are liable for the crime of
crime or crimes were committed? Discuss
murder, qualified by treachery, (which
fully.
absorbed abuse of superior strength) as the
attack was sudden and unexpected and the
victim was totally defenseless. Conspiracy
is obvious from the concerted acts of the
assailants. Direct assault would not
complex the crime, as there is no showing
that the assailants knew that the victim was
a policeman; even if there was knowledge,
the fact is that he was not in the
Murder;
Use of Illegal
Firearms
(2004)
performance
of his
official
duties, and
PH
killed
OJ,
his
political
rival
in the
therefore there is no direct
assault.
election campaign for Mayor of their town.
SUGGESTED ANSWER:
The Information against PH alleged that he
(b) The elements of murder are: (1) that a
used an unlicensed firearm in the killing of
person was unlawfully killed; (2) that such a
the victim, and this was proved beyond
killing was attended by any of the abovereasonable doubt by the prosecution. The
mentioned circumstances; (3) that the
trial court convicted PH of two crimes:
killing
is not
parricide nor infanticide; and
SUGGESTED
ANSWER:
murder and
illegal possession of firearms. Is
(4) that
the accused
the
victim.
No,
the conviction
ofkilled
PH for
two
crimes,
the conviction
correct? Reason
(5%)
Murder;
Premeditation
(1996) ofbriefly.
murderEvident
and illegal
possession
firearm is
Fidel
and Fred
harbored
a long
standing
not correct.
Under
the new law
on illegal
grudge against
Jorge who
refused to marry
possession
of firearms
and explosives,
Rep.
theirNo.sister
the be
latter got
Act
8294, Lorna,
a personafter
may only
pregnant liable
by for
Jorge.
weeks
criminally
illegalAfter
possession
of of
surveillance,
they crime
finally iscornered
Jorge in
firearm if no other
committed
Ermita,
Manila,
when the
wasiswalking
therewith;
if a homicide
orlatter
murder
home late at night. Fidel and Fred

56 of 86
57
committed
forcibly
brought
with the
Jorge
usetoofZambales
an unlicensed
where
they keptsuch
firearm,
him use
hog-tied
shall in
beaconsidered
small nipa as
house
an
located in the
aggravating
circumstance.
middle of a rice field. Two
PH
may
onlyJorge
be convicted
of his
daystherefore
later, they
killed
and dumped
murder
and
useWhat
of an crime
unlicensed
firearm
body into
thethe
river.
or crimes
in
commission
only be
appreciated
didits
Fidel
and Fredmay
commit?
Explain.
SUGGESTED
ANSWER:
as a special
aggravating circumstance,
Fidel
and
Fred
thespecifically
crime of
provided
that
such committed
use is alleged
Murder
under
Art
248,
RPC,
the
killing
being
in the information for Murder.
qualified
by evident premeditation. This is
Parricide
(1999)
due to
thebelong
standing
grudge
Who
may
guilty
of the crime
of entertained
parricide?
SUGGESTED
ANSWER:
by the two
accused occasioned by the
(3%)
Any
person
who kills
his father,
victim's
refusal
to marry
theirmother,
sister or
after
In
People
vs.her.
Alfeche. 219
SCRA 85, or
the
child,
whether
legitimate
or illegitimate,
impregnating
intention
of theoraccused
is determinative
his
ascendants
descendants,
or spouse, of
the crime
committed.
Where(Art.
the intention
shall
be guilty
of parricide.
246, RPC)is
to kill the victim and the latter is forcibly
Parricide
(1999)
taken to
another place and later killed, it is
In
1975,
a resident
of Manila,
murder. Pedro,
There then
is no
indication
that the
abandoned
his
wife
and
their
son,
offenders intended to deprive theRicky,
victim of
who
then Whereas,
only three years
old. victim
Twenty is
his was
liberty.
if the
years
later,
an
affray
took
place
in
a
bar inand
kidnapped, and taken to another situs
Olongapo
between Pedro
his
killed as City
an afterthought,
it and
is kidnapping
Murder;
Homicide;
Parricide
(1999) and his
companions,
onInfanticide;
one hand,
and RPC.
Ricky
with homicide
under
Art.
267,
A
killed:
(1)
a
woman
with
whom
he father
lived
friends, upon the other, without the
without
benefit
of
clergy,
(2)
their
child
who
and son knowing each other. Ricky stabbed
was
only
two
days
old,
(3)
their
daughter,
and killed Pedro in the fight, only to find
and
theirlater,
adopted
son.
crime
or
out, (4)
a week
when
hisWhat
mother
arrived
SUGGESTED
ANSWER:
crimes
did
A
commit?
(3%)
from
Manila to
visit
him in crimes:
jail, that the man
A committed
the
following
whom he killed was his own father. 1) What
1.]
HOMICIDE or murder as the case
crime did Ricky commit? Explain. 2)
may be, for the killing of his common-law
Suppose Ricky knew before the killing that
wife who is not legally considered a
Pedro
is his
father, but he nevertheless
SUGGESTED
ANSWER:
2.]
INFANTICIDE
for the killing of the
"spouse"
killed
him
out
of bitterness forbecause
having the
1)
Ricky
committed
child
as said
child isparricide
less than three (3)
days
abandoned
him
and
his
mother,
crime
person
killed
was
his own
father,what
and penalty
the law
old. (Art.
255,
RPC)
However,
the
did
Ricky commit?
Explain.
punishing
the crime
(Art. 246,
RPC)
not
corresponding
to parricide
shall
be does
imposed
require
the crime
"knowingly"
since A that
is related
to be
the
child within the
committed.
Should
Ricky
be of
prosecuted
3.]
for
the
killing
of and
their
degree PARRICIDE
defined
in the
crime
parricide.
found
guilty
of parricide,
the penalty
to be
daughter,
whether
legitimate
or illegitimate,
imposed
is she
Art.is
49not
of the
Penal
as long as
lessRevised
than three
(3)Code
days
for
Homicide
(the
crime
he
intended
to
old
at
the
time
of
the
killing.
ALTERNATIVE ANSWER:
commit)
but in its maximum
period. of their
4.]
MURDER
forcriminally
the killing
Ricky should
be held
liable only
adopted
son not
as the
relationship
between
A
for homicide
parricide
because
the
and
the
said
son
must
be
by
blood
in
order
relationship which qualified the killing to
for
parricide
to arise.absent for a period of
parricide
is virtually
Murder; Reckles Imprudence (2001)
twenty years already, such that Ricky could
Mang Jose, a septuagenarian, was walking
not possibly be aware that his adversary was
with his ten-year old grandson along Paseo
his father. In other words, the moral basis
de Roxas and decided to cross at the
for imposing the higher penalty for parricide
intersection of Makati Avenue but both were
SUGGESTED
is absent. ANSWER:
hit The
by acrime
speeding
CRV Honda
and were
2)
committed
shouldvan
be parricide
sent
sprawling
on the
pavement
a meter
if
Ricky
knew before
the killing
that Pedro
is
apart.
The
driver,
Chinese
mestizo,
his
father,
because
the a
moral
basis for
stopped his
car
afteralready
hittingexists.
the two
victims
punishing
the
crime
His
but then
reversed
his gears for
andhaving
ran over
having
acted
out of bitterness
Mangabandoned
Jose's prostrate
and third
been
by his body
fatheranew
may be
Parricide;
Parricide; his
Homicide
time byMultiple
advancing
car (1997)
forward. The
considered
mitigating.
A,
a young suffered
housewife,broken
and B, her
grandson
legsparamour,
only and
conspired
to
kill
C.
her
husband,
to whom
survived but Mang Jose suffered
multiple
she
was lawfully
married, ribs,
A
fractures
and broken
causing his
instant death. The driver was arrested and
charged with Murder for the death of Mang

Criminal Law Bar Examination Q & A (1994-2006)

Yes. By express provision of Article 266-C of

the Revised Penal Code, as amended, the
subsequent valid marriage between the
offender and offended party shall extinguish
the criminal action or the penalty imposed,
although rape has been reclassified from a
crime against chastity, to that of a crime
Rape;
Consented
Abduction (2002)
against
persons.
A with lewd designs, took a 13-year old girl
to a nipa hut in his farm and there had
sexual intercourse with her. The girl did not
offer any resistance because she was
infatuated with the man, who was goodlooking and belonged to a rich and
SUGGESTED
prominentANSWER:
family in the town. What crime, if
A
committed
the crime
of consented
any,
was committed
by A?
Why? (2%)
abduction under Article 343 of the Revised
Penal Code, as amended. The said Article
punishes the abduction of a virgin over 12
and under 18 years of age, carried out with
her consent and with lewd designs. Although
the problem did not indicate the victim to be
virgin, virginity should not be understood in
its material sense, as to exclude a virtuous
woman of good reputation, since the
essence
of the crime is not the injury to the
ALTERNATIVE ANSWER:
woman
but
outrage
and under
alarm Rep.
to her
A committedthe
"Child
Abuse"
Act
family
(Valdepenas
vs.
People,16
SCRA
871
No. 7610. As defined in said law, "child
[1966]).
abuse" includes sexual abuse or any act

which debases, degrades or demeans the

intrinsic worth and dignity of a child as a
SUGGESTED
ANSWER:
human being,
whose age is below eighteen
Rape;
Effect;
Affidavit ofcannot
Desistance
(a)
A husband
be(1993)
charged with
(18)No.
years.
1 rape
Ariel
intimidated
Rachel,
a mental
the
of his
wife because
of the
retardate, with
a bolowhich
into having
sexual
matrimonial
consent
she gave
when
Intercourse
Rachel's
mother
she
assumedwith
the him.
marriage
relation,
and the
immediately
filed a her
complaint,
supported
law
will not permit
to retract
in orderby
to her
sworn
statement,
before
the
City
Prosecutor's
charge her husband with the offense (Sate
Office.
After
necessary
vs.
Haines,
11 the
La. Ann.
731 So.preliminary
372; 441 RA
(b)
Yes, he may
guilty of serious
physical
837).
investigation,
anbe
information
was signed
by the
injuries.
This
offense
is
specially
mentioned
prosecutor but did not contain the signature of
in
Art. 263
paragraph
2 which
imposes
Rachel
nor [4],
of her
mother. Citing
Art.
344 ofathe
higher
penalty
for
the
crime
of
physical
RPC (prosecution of the crimes of rape, etc.),
injuries
in cases
where
the offense
Ariel moves
for the
dismissal
of theshall
case. Resolve
have
been
committed
against
any of the
with reasons.
persons
enumerated
in Art 246
crime
2
After
the prosecution
had(the
rested
its of
case,
(c)
No, my answer will not be the same. If
parricide).
Ariel presented a sworn affidavit of desistance
Gavino, and Alma were legally separated at
executed by Rachel and her mother stating that
the time of the incident, then Gavino could
they are no longer interested in prosecuting the
be held liable for rape.
case
andseparation
that they have
Ariel.
A legal
is apardoned
separation
of What
the
effect
would
this
affidavit
of
desistance
on
spouses from bed and board (U.S.have
vs.
the
criminal
and
civil
aspects
of
the
case?
Explain
853.
198127
edition),
Johnson,
Phil. 477, cited in II Reyes, RFC, p.
fully.
In the crime of rape, any crime resulting
from the infliction of physical injuries
suffered by the victim on the occasion of the
rape, is absorbed by the crime of rape. The
injuries suffered by the victim may, however,
be considered in determining the proper
penalty which

58 of 86
shall be imposed on the offender. Serious
physical injuries cannot be absorbed in rape;
it can be so if the injury is slight.
Rape; Absence of Force & Intimidation (1995)
Three policemen conducting routine
surveillance of a cogonal area in Antipole
chanced upon Ruben, a 15-year old tricycle
driver, on top of Rowena who was known to
be a child prostitute. Both were naked from
the waist down and appeared to be enjoying
the sexual activity. Ruben was arrested by
the policemen despite his protestations that
Rowena enticed him to have sex with her in
advance celebration of her twelfth birthday.
The town physician found no semen nor any
bleeding on Rowena's hymen but for a
healed scar. Her hymenal opening easily
SUGGESTED ANSWER:
admitted
two fingers
showing
that
no or
Ruben is liable
for rape,
even if
force
external
force
had
been
employed
on
her. Is
intimidation is not present. The gravamen
of
Ruben
liable
for
any
offense?
Discuss
the offense is the carnal knowledge offully.
a
Answer;
woman below twelve years of age (People vs.
Dela Cruz, 56 SCRA 84) since the law doesn't

consider the consent voluntary and

presumes that a girl below twelve years old
does not and cannot have a will of her own.
In People us. Perez, CA 37 OG 1762, it was held
that sexual intercourse with a prostitute
Similarly,
the years
absence
does
below
twelve
oldof
isspermatozoa
rape.
not disprove the consummation as the
important consideration is not the emission
but the penetration of the female body by
the male organ (People vs. Jose 37 SCRA 450;
People vs. Carandang. 52 SCRA 259).

Rape; Anti-Rape Law of 1997 (2002)

What other acts are considered rape under
the Anti-Rape Law of 1997, amending the
SUGGESTED
ANSWER:
Revised Penal
Code? (3%)
The other acts considered rape under the
Anti-Rape Law of 1997 are: 1.] having
carnal knowledge of a woman by a man by
means of fraudulent machination or grave
abuse of
authority,
2.] having carnal knowledge of a
demented woman by a
man even if none of the circumstances required
inbe present; and 3.] committing an act
rape
of sexual assault by inserting a
person's penis into the victim's mouth or anal
orifice, or by inserting any instrument or object,
the genital or anal orifice of another
into
person.
Rape; Anti-Rape Law of 1997 (2002)
The Anti-Rape Law of 1997 reclassified rape
from a crime against honor, a private
offense, to that of a crime against persons.
Will the subsequent marriage of the offender
and the offended party extinguish the
SUGGESTED
ANSWER:
criminal action
or the penalty imposed?
Explain. (2%)

Criminal Law Bar Examination Q & A (1994-2006)

complaint was filed by the offended party or

the parents in the Fiscal's Office.
Rape; Statutory Rape; Mental Retardate Victim (1996)
The complainant, an eighteen-year old
mental retardate with an intellectual
capacity between the ages of nine and
twelve years, when asked during the trial
how she felt when she was raped by the
accused, replied "Masarap, it gave me much
With
the claim of the accused that the
pleasure."
complainant consented for a fee to the
sexual intercourse, and with the foregoing
answer of the complainant, would you
convict the accused of rape if you were the
SUGGESTED
ANSWER:
judge trying
the case? Explain.
Yes, I would convict the accused of rape.
Since the victim is a mental retardate with
an intellectual capacity of a child less than
12 years old, she is legally incapable of
giving a valid consent to the sexual
Intercourse. The sexual intercourse is
tantamount to a statutory rape because the
level of intelligence is that of a child less
than twelve years of age. Where the victim
of rape is a mental retardate, violence or
Intimidation is not essential to constitute
rape. (People us. Trimor, G,R. 106541-42, 31
Mar 95) As a matter of fact, RA No. 7659,
Crimes
Personal
the
Heinousagainst
Crimes Law,
amendedLiberty
Art. 335,
RPC,
adding the phrase "or is demented."
andbySecurity
Arbitrary Detention; Elements; Grounds (2006)
1. What are the 3 ways of committing
arbitrary
detention?
Explain
each.
SUGGESTED ANSWER:
(2.5.%)
The 3 ways of arbitrary detention
Arbitrary detention by detaining a
are:a)
person without legal ground committed
by any public officer or employee who,
without legal grounds, detains a person
b)
Delay
in the
delivery
of detained
(Art.
124,
Revised
Penal
Code).
persons to the proper judicial authorities
which is committed by a public officer or
employee who shall detain any person for
some legal ground and shall fail to
deliver such person to the proper judicial
authorities within the period of: twelve
(12) hours, for crimes or offense
punishable by light penalties, or their
equivalent; eighteen hours (18), for
crimes or offenses punishable by
correctional
facilities,
or
their
SUGGESTED ANSWER:
equivalent;
and
thirty-six
(36)
hours
1) The
should not
be dismissed.
... 2) for
c) caseDelaying
release
is committed
by
crimes
or
offenses
punishable
by
Theany
affidavit
desistance
will onlywho
amount
publicofofficer
or employee
delays
afflictive or capital
penalties,but
or their
to the
of civil
thecondonation
release for
the liability
period ofnottime
equivalent
(Art.
125,
Revised
Penal
criminal
liability
hence
the
case should of
still
specified
therein
the
performance
any
Code).
proceed.
judicial or executive order for the release
of the prisoner, or unduly delays

59 of 86
60
Rape; Male
Victim
(2002) of the notice of such
the
service
A, a male,
takes
another
male, to or
a motel
order
toB, said
prisoner
the
and there,
through upon
threatany
and
intimidation,
proceedings
petition
for the
succeeds
in inserting
his penis
into(Art.
the anus
liberation
of such
person
126,
of B. What,
if any,
As criminal liability?
Revised
PenalisCode).
SUGGESTED
ANSWER:
2.
are the legal grounds
Why? What
A
shall
be
criminally liable for rape by
SUGGESTED
ANSWER:
detention?
(2.5%)
The
commission
a crime,
or against
violent
committing
an act of sexual
assault
insanity
or anyhis
other
ailment
requiring
the
B, by inserting
penis
into the
anus of the
compulsory
confinement of the patient in a
latter.
Even a man
be a victim
of rape
by
hospital
shall may
be considered
legal
grounds
sexual
under
par.person
2 of Article
266-A
for
the assault
detention
of any
(Art. 124[2],
of the Revised
Penal Code, as amended,
Revised
Penal Code).
"when
theisoffender's
penis
inserted
into
3.
When
an arrest
by aispeace
officer
his mouth
anal orifice."
or
by aor private
person considered
Rape;
Multiple
Rapes;
Forcible
(2000) is
1.
When
the
arrest
by aAbduction
peace officer
lawful?
Explain.
(5%)
made
pursuant
to a valid
warrant.
Flordeluna
boarded
a taxi
on her way home
2.
A peaceCity
officer
or a was
private
person
to Quezon
which
driven
by may,
Roger,
without
a warrant,
person:
Flordeluna
noticedarrest
that aRoger
was always
placing his car freshener in front of the car
aircon ventilation but did not bother asking
Roger why. Suddenly, Flordeluna felt dizzy
and became unconscious. Instead of bringing
her to Quezon City, Roger brought
Flordeluna to his house in Cavite where she
was detained for two (2) weeks. She was
raped for the entire duration of her
SUGGESTED ANSWER:
detention.
MaynotRoger
be charged
and
No, Roger may
be charged
and convicted
convicted
of
the
crime
of
rape
with
serious
of the crime of rape with serious illegal
illegal
detention?
detention.
RogerExplain.
may (5%)
be charged and
convicted of multiple rapes. Each rape is a
distinct offense and should be punished
separately. Evidently, his principal intention
ALTERNATIVE
ANSWER:
was to abuse
Flordeluna; the detention was
No,
may to
notthe
berape.
charged and convicted
onlyRoger
incidental
of the crime of rape with serious illegal
detention, since the detention was incurred
in raping the victim during the days she was
held. At most, Roger may be prosecuted for
forcible abduction for taking Flordeluna to
Cavite against the latter's will and with lewd
designs. The forcible abduction should be
complexed with one of the multiple rapes
committed, and the other rapes should be
prosecuted and punished separately, in as
Rape;
Party
(1993)
manyProper
rapes
were
charged and proved.
Ariel intimidated Rachel, a mental retardate,
with a bolo into having sexual Intercourse
with him. Rachel's mother immediately filed
a complaint, supported by her sworn
statement, before the City Prosecutor's
Office. After the necessary preliminary
investigation, an information was signed by
the prosecutor but did not contain the
signature of Rachel nor of her mother. Citing
Art. 344 of the RPC (prosecution of the
SUGGESTED ANSWER:
crimes of rape, etc.), Ariel moves for the
The case should not be dismissed. This is
dismissal of the case. Resolve with reasons.
allowed by law (People us. Ilarde, 125 SCRA
11). It is enough that a

for

Criminal Law Bar Examination Q & A (1994-2006)

Graveand
Coercion
vs. Maltreatment
of1)
Prisoner
(1999)
Job
Trespass
lesson
Nonoy
to dwelling
in
Christian
committed
is not
humility"
applicable
kidnapping
does
to any
and
not
Forcibly
brought
to
the another's
police
serious
person
constitute
who
illegal
shall
detention
a crime.
enter
with headquarters,
homicide
dwellingand
Alternative
Answer:
a person
wassubsequent
tortured
and
maltreated
by and
rape
for
the
forpurpose
the
of: a) Preventing
death
ofsome
Dang,
a)
Jaime,
anditsagainst
Jimmy
committed
agents
of
the law
in order
to
compel
him
2)
serious
kidnapping
harm
toAndy
with
himself,
rape
occupants,
her
sister,
orto
a
kidnapping
with
ransom.
kidnapping
confess
a crime
imputed
to After
him.
The
agents
Lyn.
third
The
person;
victims,
and
b)
who
Rendering
were
kidnapped
service
to
and
Luke,
they
demanded
ransom
the
failed, however,
tosubsequently
draw from
himraped
a with and
detained,
humanity
orwere
justice;
threat
of
killing
him.
However,
the
killing
of
Any
person
who
shall
enter
cafes,
taverns,
confession
which was
their in
intention
to
killed
(as regards
Dang)
the course
of
Luke
is
separate
from
the
kidnapping
having
inns,
and
other
public
houses,
while
the
obtain detention.
through theThe
employment
of such
their
composite
crime is
been
committed
bylikewise
other
persons,
who
same
are
open
will
notwhether
be liable
means.
What
crime
was
committed
by
thehad
committed
regardless
of
the
SUGGESTED
ANSWER:
nothing
do
withPenal
the kidnapping,
and (3%)
who
(Art.
280,
Revised
Code).
agents
oftothe
law?
Explain
your answer.
subsequent
crimes
were
purposely
sought
or
ALTERNATIVE
ANSWER:
Evidently,
the Rule
person
tortured
and
Tresspass
to Dwelling;
of Absorption
(1994)
will bean
liable
for
a(People
different
crime
merely
afterthought
v.
Larranaga,
Job
and
Nonoy
committed
2 Dante
counts
of
the
b)
Emil
and
Louie
who
smashed
the
maltreated
by
the
agents
of
the
law
is
a
At
about
11:00
in
the
evening,
forced
(Penultimate
par.
of
Art.
267,
Revised
Penal
G.R.
Nos. 138874-5,
Februarys,
2004).
complex
crime
of
forcible
abduction
with
head
of inside
the
and buried
the
latter
in
suspect
and victim
may
have
detained
his
way
the house
ofbeen
Mamerto.
Jay. by
Code).
rape
(Art.
Revised
Penal
andhim,
the
the
sand
committed
murder
qualified
by
them.
If so342,
and saw
he had
already
been booked
Mamerto's
son,
Dante
and Code)
accosted
separate
offense
of
murder
against
Dang.
The
treachery
or
abuse
of
superior
strength.
and
put
in jail,
the crime
is maltreatment
Dante
pulled
a knife
and stabbed
Jay on hisof
crime
committed
is
abduction
because
there
They
are
not
liable
for
kidnapping
because
prisoner
and
the
fact
that
the
suspect
was
abdomen.
Mamerto
heard
the
commotion
was
lewd
design
when
they
took
the
victims
they
did
not
conspire,
nor
are
they
aware
subjected
to
torture
to
extort
a
confession
and went out of his room. Dante, who was of
away
and
subsequently
rapedwhom
them.
The
the
toassaulted
detain
Luke
would
bring
about
a higher
penalty.
In
aboutintention
to
escape,
Mamerto.
Jaythey
c)
Mario
has
no
liability
since
he
was
killing
thereafter,
constitutes
the
separate
were
informed
was
hiding
from
the
NBI
addition
to
the
offender's
liability
for
the
suffered Injuries which, were it not for the
But
if248,
the
suspect
was
forcibly
brought
to the
not
aware
of theinflicted.
criminal
intent
and design
offense
ofinjuries
murder
qualified
by treachery.
(Art.
Revised
Penal
Code).
physical
timely
medical
attendance,
would
have
2.
What
penalties
should
behim
imposed
on
police
headquarters
to make
admit
the
of
Jaime,
Andy
and
Jimmy.
His
act
of
caused his death. Mamerto sustained
them?
(2.5%)
crime
and
tortured/
maltreated
to make
SUGGESTED
ANSWER:
bringing
Luke
to Navotas
for "a
lessonhim
in
Injuries
that
incapacitated him for 25 days.
SUGGESTED
Dante
committed
trespass
to
confess
toANSWER:
such qualified
crime,
but
released
Christian
humility"
does
not later
constitute
a
What
crime
or
crimes
did Dante
commit?
Since thefrustrated
death
penalty
hasfor
already
dwelling,
homicide
the
because
the
agents
failed
to
draw been
such
crime.
prohibited,
reclusion
perpetua
is the
Kidnapping of
w/ Homicide
(2005)
stabbing
Jay,
less serious
physical
confession,
theand
crime
is grave
coercion
appropriate
penalty
(RA.
9346).
In
the
case
Paz
Masipag
worked
as
a
housemaid
and
injuries
for
the
assault
on
Mamerto.
because of
violence employed to compel
of
the
minor
Nonoy,
his
penalty
shall
be
one
The
crime
of
qualified
trespass
to
dwelling
yaya
of
the
one-week
old
son
of
the
spouses
such confession without the offended party
degree
lower
(Art.
68, (US
Revised
Penal
Code).
should
not
complexed
with
frustrated
Martinconfined
andbe
Pops
When
Paz
learned
being
in Kuripot.
jail.
vs.
Cusi,
10 Phil
143)
3.
Will
Nonoy's
minority
exculpate
him?
It
is
noted
that
the
offended
party
homicide
because
when
the trespass
is was
that her 70
year-old
mother
was seriously
ill,
SUGGESTED
ANSWER:
(2.5%)
merely
"brought"
to
the
police
headquarters
committed
as
a
means
to
commit
a
more
she
asked
Martin
for
a
cash
advance
of
Under RA. 9344, the Juvenile Justice and
and
is thus
notMartin
a
detention
prisoner.
Had he
serious
offense,
trespass
to
dwelling
is
P1,000.00
but
refused.
One
morning,
Reform Act, which retroacts to the date that
been
validly the
arrested,
the
crime
absorbed
the
greater
crime,
andcommitted
the
Paz
mouth
of
Martins
son
the gagged
crimebywas
committed,
Nonoy
willwith
be
would be
maltreatment
of prisoners.
former
constitutes
an
aggravating
stockings;
placed
the
child
in
a
box;
sealed
it
exculpated
if
he
was
15
years
old
or
below.
Illegal
Detention
vs.
Grave
Coercion
(1999)
Dante
committed
frustrated
homicide
for
circumstance
of
dwelling
(People
vs.box
Abedoza,
with
masking
tape
and
placed
the
in
the
However,
if coercion
he
was above
15
years
but
Distinguish
from illegal
detention.
the
stabbing
ofthe
Jay....
Dante
is she
guilty
ofold
less
53
Phil.788).
attic.
Later
in
afternoon,
demanded
below
18
years
of
age,
he
will
be
liable
if
he
SUGGESTED
ANSWER:
(3%)
serious
physical
injuries
therelease
woundsof his
P5,000.00
asdiscernment.
ransom
forforthe
acted
with
As
the
problem
Coercion
may
be
distinguished
from
illegal
After
aMartin
couple
of
days,
Martin
discovered
the
sustained
by Mamerto...
son.
did
not
pay
the
shows
that
Nonoy
with already
discernment,
detention
as
follows:
in
coercion,
theransom.
basis
of
Unjust
Vexation
vs
Acts
ofacted
Lasciviousness
(1994)
box
in
the
attic
with
his
child
dead.
Subsequently,
Paz disappeared.
he
will
be
entitled
to
a
suspension
of
criminal
liability
is
the
employment
When
is embracing,
kissing report,
and touching
a of
According
to the autopsy
the child
sentence.
(NOTABENE:
R.A.
9344
is
outside
the
violence
or
serious
intimidation
girl's
considered
only unjust
vexation
died breast
ofIsasphyxiation
barely
three
minutes
4.
the
non-recovery
of
Lyn's
body
coverage
of
the
examination)
approximating
violence,
without
authority
of
instead
of to
actsthe
of
lasciviousness?
after the
box
was
sealed. liability
What crime
or
material
criminal
ofdoing
Job
law,
to
prevent
a
person
from
SUGGESTED
ANSWER:
crimes
didANSWER:
Paz
commit? Explain. (5%)
SUGGESTED
and
Nonoy?
(2.5%)
Paz
committed
theof composite
crime
of
The
acts
of not
embracing,
kissing
of
a woman
something
prohibited
by law
or
toiscompel
The
non-recovery
Lyn's
body
not
kidnapping
with
homicide
under
Art.
267,
arising
either
out
of
passion
or
other
motive
him to doto
something
against
his will,
whether
material
the criminal
liability
of Job
and
RFC
as right
amended
by
R.A.
No.
7659.
Under
and
the
touching
her
breast
as
a mere
it be
or of
wrong;
while
in of
Illegal
Nonoy,
because
the
corpus
delicti
the
the
law,
any
person
who
shall
detain
another
incident
of the
lewd
design
detention,
basis
of without
liability
is
the
crime
which
is embrace
kidnapping
with
rape
ofactual
Lyn
or
inbeen
any duly
manner
deprive
of liberty
and
constitutes
merely
unjust
vexation
(People
ALTERNATIVE
ANSWER:
restraint
or
locking
up of him
a person,
thereby
has
proven.
The
non-recovery
of
Lyn's
body
is
the
victim
dies
ashis
a consequence
is liable
for
vs,
Ignacio.
CA GRNo.
5119-R,
September
30, not
depriving
him
of
liberty
without
authority
material
the
criminal
liability
Job up
and
1950).
where
kissing,
kidnapping
with
homicide
and
shall
be
of law. However,
Iftothere
was
nothe
intent
tooflock
or
Kidnapping
(2002)
Nonoy,
because
the
corpus
delicti
of the
embracing
and
the
touching
the breast
of
penalized
with
the
maximum
penalty.
detain the
offended
party of
unlawfully,
the
A
and
Bcase,
were
legally
separated.
Their
In
thisof
notwithstanding
the
fact
that
crime
which
forcible
abduction
with
rape
a
woman
are is
done
with
lewd
design,
thechild
crime
illegal
detention
is not
committed.
C,
a
minor,
was
placed
in
the
custody
of
A
the
one-week
old
child
was
merely
kept
in
of
Lyn
has
been
duly
proven.
same constitute acts of lasciviousness
mother,
subject
to monthly
visitations
by
the
attic
his
house,
gagged
with
stockings
Kidnapping;
Proposal
toGilo,
Kidnap
(1996)
Crimes
Against
Property
(People
vs.of
Percival
10
SCRA
753).
B,
hisplaced
father.
when
B had
and
inOn
a one
box
sealed
tape,
the
Edgardo
induced
hisoccasion,
friendwith
Vicente,
in
C
in
his
company,
B
decided
not
to
return
C
deprivation
of of
liberty
and
intention
consideration
money,
tothe
kidnap
a girlto
hekill
is
Arson;
Destructive
Arson
(1994)
to
his
mother.
Instead,
B
took
C
with
him
to
becomes
apparent.
Though
it
may
appear
courting
that he maybuilding
succeedlocated
to raping
Tata
ownsso
a three-storey
at
the
States
where
heher
intended
for
that
the eventually
means
by
Paz was
her
and
making
accede
to
No.
3United
Herran
Street.employed
Paco,
Manila.
She
SUGGESTED
ANSWER:
them
to
reside
permanently.
What
crime,
if
attended
by
treachery
(killing
of
an
infant),
marry
him.
Vicente
asked
for
more
money
wanted
to construct
a newofbuilding
but had
B committed
the crime
kidnapping
and
any,
did
B
commit?
Why?
(5%)
nevertheless,
a
separate
charge
of
murder
which
Edgardo
failed
to
put
up.
Angered
no
money
to finance
the construction.
So,
she
failure
to return
a minor
under Article
271,
will
not be
proper
in for
view
of
because
Edgardo
did
not
putthe
upamendment.
the money
insured
the
building
P3,000,000.00.
She
in relation to Article
Here,
the Yoboy
term
is used toin the
its
he
he "homicide"
reported
Edgardo
thenrequired,
urged
and
Yongsi,
for
generic
police. sense and covers all forms of killing
whether in the nature of murder or

61 of 86
62
63
64
monetary
270,
otherwise.
May
of
Edgardo
theconsideration,
Revised
It is
be of
charged
Penal
no to
Code,
moment
bum
withas
her
attempted
amended.
that
building
the
Article
kidnapping?
so
she could
271
expressly
Explain.
collect
penalizes
insurance
anyproceeds.
parent
evidence
shows
the the
death
of the
child
took
SUGGESTED
ANSWER:
who shall
place
Yoboy
three
andtake
Yongsi
minutes
from
burned
and
afterdeliberately
the
the said
box was
building
fail
sealed
to
No,
Edgardo
may
notchild
be to
charged
with
restore
resulting
his
toor
itsher
total
minor
loss.
What
crime
the
parent
did
and
the
demand
for
the
ransom
took
place
attempted
kidnapping
inasmuch
as
no overt
SUGGESTED
ANSWER:
or the
in
Tata,
guardian
Yoboy
afternoon.
and
to whom
Yongsi
The custody
intention
commit?
ofisthe
controlling
minor
Tata,
Yoboy
and
Yongsi
committed
the
crime
act
ALTERNATIVE
to
kidnap
ANSWER:
or
restrain
the
liberty
of
the
has been
Since
thedemanded.
custody of C,
the
here,
thatplaced.
is, ransom
was
Murder
qualified
by
treachery
because
the
of
destructive
arson
because
they
girl
had
been
commenced.
At
most,
what
minor, has been given to the mother and B
victim
was
only
one
The offense
collectively
caused
the
destruction
Edgardo
has
done
inweek
the old.
premises
was
a
has only
the
right
of monthly
visitation,
the of
was
attended
with
the
aggravating
property
by
means
of
fire
under
the
proposal
to
Vicente
to
kidnap
the
girl,
which
latter's act of taking C to the United Slates,
circumstance
of
lack exposed
of
due
circumstances
which
to
danger
the
is
only a there
preparatory
actrespect
and
not
antoovert
to reside
permanently,
constitutes
athe
age
of
the
victim,
cruelty
and
abuse
of
Kidnapping
(2006)
life
or
property
of
others
(Art,
320,
par.
5,
RPC.
act.
Theof said
attempt
to commit
violation
provisions
of law. a felony
confidence.
In
People
v. Lora
(G.R. No,
L-49430,
Jaime,
as
amended
Andyby
and
RA
Jimmy,
No.
7659).
laborers
in the
commences
with
the
commission
of
overt
Arson;
Destructive
Arson
(2000)
March
30,
1982),
the
Court
found
that
akill
child
noodles
factory
of
Luke
agreed
act,
not
preparatory
act.Tan,
Proposal
totocommit
One
early
evening,
there
was
fight
Kidnapping;
Serious
Illegal
Detention
subjected
treatment
as thea infant
him due toto
his
arrogance
and(1997)
miserliness.
kidnapping
issimilar
not
a crime.
between
Eddie
Gutierrez
and
Mario
Cortez.
A
and
B
conspiring
with
each
other,
in
case would
havehim
died
Onethis
afternoon,
they seized
and instantly,
loaded
Later
that
about
11
o'clock,
kidnapped
Cevening,
and
detained
him.
The
duo
negating
any
intent
to
kidnap
or
detain
him in a
taxi
driven
by at
Mario.
They
told
Eddie
passed
by
the
house
of
Mario
carrying
then
called
up
C's
wife
informing
her
that
when
ransom
wasteach
sought.
Mario they
will only
Luke Demand
a lesson infor
a
plastic
bag
containing
gasoline,
threw
the
they
haddid
hernot
husband
release
ransom
convert
thewould
offense
Christian
humility.
Mario and
drove
them
to
ainto
bag
at
the
house
of
Mario
who
was
inside
him
only
if
she
paid
a
ransom
in
the
amount
kidnapping
with where
murderLuke
because
the
fishpond in Navotas
was
Kidnapping;
Voluntary
(2004)
i. Effects;
When,
inRelease
his
presence,
the
the
house
watching
television,
and
then
lit
of
P10,000,000
and
that,
she
to fail,
demand
was
merely
a if scheme
by
the
entrusted
to
Emil
and
Louie,
the were
fishpond
DAN,
a
private
individual,
kidnapped
CHU,
a
person
to
be
arrested
has
committed,
it.
The
front
wall
of
the
house
started
they
would
kill to
him.
The
day, C,
who
offender
(Paz)
conceal
the Luke
body
of their
her
caretakers,
asking
them
to next
hide
in
minor.
On
the
second
day,
DAN
released
is
actually
committing,
or
blazing
and
some
neighbors
yelled
and
had
recovered
an illness
had
ais
victim.
shackjust
because
he wasfrom
running
from the
NBI.
CHU even
before he
any
criminal
attempting
tomight
commit
aninformation
offense,
shouted.
Forthwith,
Mario
poured
water
on
relapse.
Fearing
die
if
not
treated
The trioii.then left
in Mario's
car for
Manila
an
offense
in fact
wasonce
filed by
against
him.
At
the
trial
of
his
the
burning
portion
of
the
house.
Neighbors
at
a When
doctor,
A
and
B has
released
C
where
they
called
up
Luke's
family
and
Charged
with
kidnapping
and
serious
illegal
just
been
committed,
and
he
has
case, rushed
DAN
raised
the
defense
that
he did
not
also
in
to
help
put
the
fire
under
during
the
early
morning
of
the
third
day
of
threatened
them to knowledge
kill
unless
they
detention
provided
in Luke
Article
267,
RPC,
A
personal
facts
incur any
criminal
since
heofreleased
control
before
anyliability
great
damage
could
be
detention.
give
a
ransom
within
24
hours.
Unknown
to
SUGGESTED
ANSWER:
and
B
filed
a
petition
for
bail.
They
indicating
that
the
person
to
be
the
child
before
the
lapse
of
the
3-day
inflicted
and of
before
thekidnapping
flames
them,
Eddie
because
is
for
a leak,
destructive
the
arson
inhave
was
the
iii.liable
When
the
person
toand
be arrested
contended
that
since
they
had
voluntarily
arrested
has
committed
it,
period and
before
criminal
proceedings
for
extensively
spread.
Only
a
portion
of
the
announced
consummated
over
stage.
the
radio
It
is
and
destructive
TV.
Emil
arson
and
SUGGESTED
ANSWER:
is a C
prisoner
who
has
escaped
from
released
within
three
daysliability,
from
kidnapping
were
instituted.
Will
DAN's
house
was
burned.
Discuss
Eddie's
Louie
because
heard
firethe
was
broadcast
resorted
and
to place
in
panicked,
No.
DAN's
defense
notdestroying
prosper.
establishment
or
he
commencement
of
the will
detention,
without
defensepenal
prosper?
Reason
briefly.
(5%)where
(3%)
especially
the
house
when
of
Mario
the
announcer
which
is
stated
an
inhabited
that
Voluntary
release
by
the
offender
of
the
is
serving
final
judgment
having been paid any amount of the ransomor
there
house
istemporarily
aor
shoot-to-kill
dwelling.
order
The
for
the
arson
is
offended
party
in
kidnapping
not
confined
while
hisiscase
demanded
and
before
the
institution
ofis
kidnappers.
consummated
Emil
because
and
Louie
the
house
took
Luke
was
in
to
fact
the
absolutory.
Besides,
such
release
is
pending,
or
has
escaped
while
being
criminal proceedings against them, the
seashore
already
burned
of and
Dagat-dagatan
although
where
not
totally.
they
Into
irrelevant
in
this
case
After
the immaterial
trial
found
the illegal
transferred
from
one
confinement
crimehearing,
committed
wascourt
only
slight
smashed
arson,
it the
his
is
not
head
required
aArticle
shovel
that
the
and
premises
buried
because
victim
being
a minor,
the
crime
evidence
of
guilt
towith
be
and
therefore
another
(Sec.
5,strong
Rule
113,1985
Rules
detention
prescribed
in
268,
RPC.
him totally
be
in the
sand.
burned
However,
for
the
they
crime
were
seen
to
be
by
committed
is
kidnapping
and
serious
illegal
denied
the
petition
for
bail.
On
appeal,
the
on
Criminal
Procedure).
Arson;
New Arson
Law
a barangay
consummated.
kagawad
It(2004)
is
who
enough
arrested
that
themPenal
and
the
detention
under
Art.
267,
Revised
ALTERNATIVE
ANSWER:
only
issue
was:
Was
the
crime
committed
CD
the
stepfather
ofJimmy
FEL.
One
day,
GraveisCoercion
(1998)
a)
Jaime,
Andy
brought
premises
them
suffer
todestruction
theand
police
station.
by committed
burning.
Code,
to
which
such
circumstance
does
not
kidnapping
and
serious
detention
orUpon
slightCD
got
very
mad
at
FEL
for
failing
in
his
college
SUGGESTED
ANSWER:
IsaganiThe
lostcircumstance
histhey
gold
necklace
bearing
his to
kidnapping
with
homicide.
Theand
original
interrogation,
confessed
pointed
apply.
may
be
appreciated
Illegal
detention?
Decide.
courses.
Insaw
his
fury,
CD
leather
The
crime
committed
bygot
A
and
B is
initials.
He
wearing
the
said
intention
was
toRoy
demand
ransom
from
the
Jaime,
Andy,
Jimmy
Mario
asthe
those
only
in
the
crime
ofand
Slight
Illegal
Detention
Kidnapping;
Illegal
Detention;
Minority
(2006)
suitcase
of
FEL
and
burned
it
together
with
kidnapping
and
serious
illegal
detention
necklace.
Isagani
asked
Roy
to
return
to
him
family
of killing.
As
responsible
for threat
the kidnapping.
the
4
in
Art. with
268 the
(Asistio
v. San
Diego, Later,
10 aSCRA
673
Dang
1.
What
was
crime
a as
beauty
was
committed
queen
in however,
afor
university.
all
its
contents.
because
they
made
a
demand
ransom
the
necklace
it
belongs
to
him,
but
Roy
consequence
of
the
kidnapping,
were arrested and charged. What crime or
[1964])
2.
Isa
CD
criminally
liable?
Explain
Job,
by
CD?
rich
classmate,
was
so
enamored
with
and
threatened
kill
C commit?
ifvictim
the
latter's
wife
refused.
Isagani
then
drew
his
gun
and told
Luke
was
killed.
Thus,
the
was
crimes
did
the 6 to
suspects
(5%)
briefly.
(5%)
her
that
he
persistently
wooed
and
pursued
did
pay
thefreedom
same.
the
demand
Roy,not
"If you
will
not
giveWithout
backthe
thesubsequent
necklace
deprived
of his
and
her.
Dang,
in love
with
another
man,
for
ransom,
the
crime
could
been
slight
to me,
Ithough
willbeing
killcommitted
you!"
Out
of
fear
for
his
life
killing,
byhave
another
person,
The
contention
of
A
and
B
that
they
had
rejected
him.
This
angered
Job,
Sometime
illegal
detention
only.
and against
his will,of
Roy
the necklace
was
a consequence
thegave
detention.
Hence,in
voluntary
released
C
within
three
days
from
SUGGESTED
ANSWER:
September
2003,
while
Dang
and
her
sister
to Isagani,
What
offense
did
Isagani
commit?
this
properly
qualified
the
crime
as the
Isagani
committed
the
crime
grave
the
commencement
of home,
the
is
(People
v. Mamarion,
No.detention
137554,
Lyn
on
their
way
Joboffor
and
his
(5%) were
special
complex
crime
ofG.R.
kidnapping
coercion
October
(Art.
1,
286,
2003;
RPC)
Art.
267,
for
Revised
compelling
Penal
Roy,
immaterial
as they
are charged
with
a crime
minor
friend
Nonoy
grabbed
them
and
ransom
withand
homicide
Code).
b) means
Emil
Louiethreats
who
smashed
by
of serious
or intimidation,
where
the
penalty
prescribed
isthedeath
pushed
them
inside
a white
van.
They
head
of
the
victim
and
buried
the
latter
inwill,
to
do
something
against
the
latter's
(Asistio
vs.
San
Diego.
10SCRA673).
brought them to an abandoned warehouse
They
were
properly
denied
bail
because
the
the sand
committed
murder
qualified
whether
it
be
right or
wrong.
Serious
threats
where
they
forced
them
to
dance by
naked.
trial
court
found
that
the
evidence
of
guilt
in
treachery
orthey
abuse
of
superior
or
intimidation
approximating
violence
Thereafter,
brought
themstrength.
to a hill
in a
the
information
for
kidnapping
and
serious
They arebarangay
not
liable
for
kidnapping
because
constitute
grave
coercion,
not
threats.
nearby
where
theygrave
took
turns
Illegal
is strong.
they did
not nature
conspire,
nor
they
of
Such
isdetention
the
of
the are
threat
inaware
this
case
raping
them.
After
satisfying
their
lust,
Job
Trespass
to Dwelling;
Private Persons
(2006) they were
the intention
to to
detain
Luke
whom
because
it was
committed
with
a gun,
is a
ordered
Nonoy
push
Dang
down
a
ravine,
Under
what
may
a private
person
The
crime
issituations
not
robbery
because
intent
to
1.
What
crime
or
crimes
were
committed
informed
was
hiding
from
the
(Art.
248,
deadly
weapon.
resulting
in her
death.
Lyn
ranNBI
away
but
Job
enter
any
dwelling,
residence,
or
other
c)
Mario
has
sinceelement
he was
gain,
which
is no
an liability
essential
of
by
Job
and
Nonoy?
(2.5%)
Revised
Penal
Code).
and
Nonoy chased
her and being
pushed liable
her inside
SUGGESTED
establishments
without
not aware ANSWER:
of the
criminal
intentthe
and necklace
designfor
robbery,
is
absent
since
the
van. to
Then
the duo
drove away. Lyn was
SUGGESTED
ANSWER:
trespass
dwelling?
(2.5%)
of Jaime,to
Andy
and Jimmy.
His act of
belongs
Isagani.
never seen again.
bringing Luke to Navotas for "a

Criminal Law Bar Examination Q & A (1994-2006)

65 of 86

BP 22; Memorandum Check (1994)

1
What is a memorandum check?
2
Is the "bouncing" thereof within the
purview of BP Blg. 22?

SUGGESTED ANSWER:

The crime committed by CD is arson under

Pres. Decree No. 1613 (the new Arson Law)
which punishes any person who burns or
sets fire to the property of another (Section
1 of Pres. Decree No. 1613).
CD is criminally liable although he is the
stepfather of FEL whose property he burnt,
because such relationship is not exempting
from criminal liability in the crime of arson
but only in crimes of theft, swindling or
estafa, and malicious mischief (Article 332,
Revised Penal Code). The provision (Art.
323) of the Code to the effect that burning
property of small value should be punished
as malicious mischief has long been
repealed by Pres. Decree 1613; hence, there
is no more legal basis to consider burning
property of small value as malicious
mischief.

SUGGESTED ANSWER:

A "Memorandum Check" is an ordinary

check, with the word "Memorandum", "Memo" or
"Mem" written across its face, signifying that the
maker or drawer engages to pay its holder
absolutely thus partaking the nature of a
promissory note. It is drawn on a bank and is a
bill of exchange within the purview of Section 185
of the Negotiable Instruments Law (People vs.
1

Judge David Nitafan, G.R. No. 75954, October 22,

1992).
2
Yes, a memorandum check is covered by

Batas Pambansa No. 22 because the law covers

any check whether it is an evidence of
Indebtedness, or in payment of a pre-existing
obligation or as a deposit or guarantee (People
versus Nita-fan).

BP 22; Memorandum Check (1995)

1
What is a memorandum check ?
2
Is a person who issues a memorandum
check without sufficient funds necessarily guilty of
violating B.P. Blg. 22? Explain.
3
Jane is a money lender. Edmund is a
businessman who has been borrowing money from
Jane by rediscounting his personal checks to pay
his loans. In March 1989, he borrowed P100,000
from Jane and issued to her a check for the same
amount. The check was dishonored by the drawee
bank for having been drawn against a closed
account. When Edmund was notified of the
dishonor of his check he promised to raise the
amount within five days. He failed. Consequently,
Jane sued Edmund for violation of the Bouncing
Checks Law (BP. Blg. 22). The defense of Edmund
was that he gave the check to Jane to serve as a
memorandum of his indebtedness to her and was
not supposed to be encashed. Is the defense of
Edmund valid? Discuss fully.

Criminal Law Bar Examination Q & A (1994-2006)

Such contention is invalid. A trust receipt

arrangement doesn't involve merely a simple
loan transaction but includes likewise a
security feature where the creditor bank
extends financial assistance to the debtorimporter in return for the collateral or
security title as to the goods or merchandise
being purchased or imported. The title of the
bank to the security is the one sought to be
protected and not the loan which is a
separate and distinct agreement. What is
being penalized under P,D. No. 115 is the
misuse or misappropriation of the goods or
proceeds realized from the sale of the goods,
documents or Instruments which are being
held in trust for the entrustee-banks. In
other words, the law punishes the
dishonesty
Estafa (1999) and abuse of confidence in the
handling
of money
or as
goods
to the
prejudice
Is there such
a crime
estafa
through
of
the
other,
and
hence
there
is
no
violation
negligence? Explain. (2%)
of the right against imprisonment for nonpayment
of debt. (People
Nitafan, 207
SCRA
Aurelia introduced
Rosa vs.
to Victoria,
a dealer
725)
in jewelry who does business in Timog,
Quezon City. Rosa, a resident of Cebu City,
agreed to sell a diamond ring and bracelet to
Victoria on a commission basis, on condition
that, if these items can not be sold, they may
be returned to Victoria forthwith. Unable to
sell the ring and bracelet, Rosa delivered
both items to Aurelia in Cebu City with the
understanding that Aurelia shall, in turn,
return the items to Victoria in Timog,
Quezon City. Aurelia dutifully returned the
bracelet to Victoria but sold the ring, kept
the cash proceeds thereof to herself, and
issued a check to Victoria which bounced.
Victoria sued Rosa for estafa under Article
315, R.P.C., Victoria insisting that delivery to
a third person of the thing held in trust is not
a defense in
estafa. Is Rosa criminally liable
SUGGESTED
ANSWER:
for estafa
the circumstances?
(a)
There under
is no such
crime as estafa Explain,
through
SUGGESTED
ANSWER:
[4%)
negligence.
In estafa, the profit or gain must
1.
A memorandum
check
is an ordinary
be obtained
by the accused
personally,
check
with
the
word
"Memorandum",
through his own acts, and his mere
"Memo",
orin"Mem"
written
across
the face,
negligence
allowing
another
to take
signifying that
maker
or drawer
engages
advantage
of orthe
benefit
from
the entrusted
to
pay cannot
its holder
absolutely
thus(People
partaking
chattel
constitute
estafa.
v.
the
nature
ofCA,
a promissory
It is drawn
(b) No,
Rosa
cannot
be6135)
heldnote.
criminally
liable
Nepomuceno,
46OG
on a
bank Although
and is a she
bill received
of exchange
within
for
estafa.
the jewelry
vs.
Nitafan,
215 of
SCRA
the (People
purview
ofunder
Section
the to
Negotiable
from
Victoria
an 185
obligation
return
79)
Instruments
Law. the proceeds thereof, she
the
same or deliver
2.
Yes, a person who issued a
did not misappropriate it. In fact, she gave
memorandum check without sufficient funds
them to Aurelia specifically to be returned to
is guilty of violating B.P. Blg. 22 as said law
Victoria. The misappropriation was done by
covers all checks whether it is an evidence
Aurelia, and absent the showing of any
of indebtedness, or in payment of a preconspiracy between Aurelia and Rosa, the
existing obligation, or as deposit or
latter cannot be held criminally liable for
guarantee. (People vs. Nitafan)
Amelia's acts. Furthermore, as explained
above, Rosa's negligence which may have
allowed Aurelia to

3.
The defense of Edmund is NOT valid.
A memorandum check upon presentment is
generally accepted by the bank. It does not
matter whether the check is in the nature of
a memorandum as evidence of indebtedness.
What the law punishes is the mere issuance
of a bouncing check and not the purpose for
which it was issued nor the terms and
conditions relating thereto. The mere act of
issuing a worthless check is a malum
prohibitum. The understanding that the
check will not be presented at the bank but
will be redeemed by the maker when the
loan falls due is a mere private arrangement
which may not prevail to exempt it from the
BP 22; Presumption of Knowledge (2002)
penal sanction of B.P. Blg. 22. (People vs.
A a businessman, borrowed P500,000.00
Nitafan)
from B, a friend. To pay the loan, A issued a
postdated check to be presented for payment
30 days after the transaction. Two days
before the maturity date of the check, A
called up B and told him not to deposit the
check on the date stated on the face thereof,
as A had not deposited in the drawee bank
the amount needed to cover the check.
Nevertheless, B deposited the check in
question and the same was dishonored of
insufficiency of funds. A failed to settle the
SUGGESTED ANSWER:
amount
B for
in spite
of the
Yes,
A Iswith
liable
violation
oflatter's
BP. Blg. 22
demands.
Is
A
guilty
of
violating
B.P. Blg. 22,
(Bouncing Checks Law), Although
otherwise
known
as
the
Bouncing
Checks or
knowledge by the drawer of insufficiency
Law?
Explain.
(5%)
lack of funds at the time of the issuance of
the check is an essential element of the
violation, the law presumes prima facie such
knowledge, unless within five (5) banking
days of notice of dishonor or nonpayment,
the drawer pays the holder thereof the
amount due thereon or makes arrangements
A
notice
A to the
payee
formere
payment
inby
fullthe
bydrawer
the drawee
of such
B
before
the
maturity
date
of
the
check
will
checks.
not defeat the presumption of knowledge
created by the law; otherwise, the purpose
and spirit of B.P. 22 will be rendered useless.
Estafa & Trust Receipt Law (1995)
Julio obtained a letter of credit from a local
bank in order to import auto tires from
Japan. To secure payment of his letter of
credit, Julio executed a trust receipt in favor
of the bank. Upon arrival of the tires, Julio
sold them but did not deliver the proceeds to
the bank. Julio was charged with estafa
under P.D. No. 115 which makes the violation
of a trust receipt agreement punishable as
estafa under Art. 315, par. (1), subpar. (b), of
the Revised Penal Code. Julio contended that
P.D. No. 115 was unconstitutional because it
violated the Bill of Rights provision against
SUGGESTED ANSWER:
imprisonment for nonpayment of debt. Rule
on the contention of Julio, Discuss fully.

66 of 86
misappropriate the jewelry does not make
her criminally liable for estafa.
Estafa vs. BP 22 (1996)
The accused was convicted under B.P, Blg.
22 for having issued several checks which
were dishonored by the drawee bank on
their due date because the accused closed
her account after the issuance of checks. On
1
by reason
the could
closingnot
of be
appeal,Blg.
she22argued
thatofshe
her
account
because said law applies solely
convicted
under
to checks dishonored by reason of
insufficiency of funds and that at the time
she issued the checks concerned, she had
adequate funds in the bank. While she
admits that she may be held liable for estafa
under Article 215 of the Revised Penal Code,
she cannot however be found guilty of
having violated
2
Blg. 22. Is her contention correct?
Explain.

Criminal Law Bar Examination Q & A (1994-2006)

SUGGESTED
ANSWER:
Estafa vs.
Money
Placement
bully,
while
BMarket
is reputed
to (1996)
be gay but noted
Yes,
both
are31,
liable
foreconomic
attempted
estafa
thru
On his
March
1995,
Orpheus
Financing
for
industry
and
savvy
which
falsification
documents,
a sum
Corporation
received
Maricar
the
allowed
himof
tocommercial
amassfrom
wealth
in leaps
and
complex
crime.
tried
to defraud
the and
of P500,000
as They
money
market
placement
for
bounds,
including
registered
Government
the in
use
ofper
false
sixty days atwith
fifteen
(15)several
cent
interest,
unregistered
lands
barangays.
commercial
and riches
public
documents.
and the President
of said
Corporation
issued
Resenting
B's
and
relyingDamage
on
his
is
not
necessary.
a check influence,
covering the
amount to
including
the
political
A decided
harass and
Estafa;
Falsification
of Commercial
Documents (1997) 30,
interest
due
thereon,
postdated
intimidate
B into
sharing
with him May
some of
The
accused
opened
a saving date,
account
with
1995.
On considering
the
maturity
however,
his lands,
that the latter
was
Bank
A
with
an
initial
deposit
of
P2,000.00.
Orpheus
Corporation
to
single
andFinancing
living alone.
One night, failed
A broke
A
few days
later,
he deposited in the
savings
deliver
back
Maricar's
into
B's house,
forced him money
to bringplacement
out some
account
a Bank
Bpicking
check for
with and
the
corresponding
interest
earned,
titles
after
outP
a10,000.00
title covering
drawn
and
endorsed
purportedly
by C. Ten
notwithstanding
repeated
demands
upon
200
square meters
in their
barangay,
days
later,
he
POrpheus
10,000.00
from
his
Did
President
of
Financing
said the
Corporation
to out
comply
with
its
compelled
B withdrew
to type
a Deed
of Sale
savings
account.
C
complained
to
Bank
B
Corporation
incur
any
criminal
liability
for
commitment.
conveying
the said lot to him for P1.00 and
when
the
was
from
hisof
estafa
forcheck
reason
of deducted
the nonpayment
the
other
valuable
considerations.
All the
while,
SUGGESTED
ANSWER:
account.
Two
days
thereafter,
the accused
money
market
placement?
Explain.
A
carried
a paltik
caliber
.45
in fullfinancing
view
of
No,
the
President
ofcheck
the
What
charge
or Bank
charges
should
filed
deposited
another
Bout
of Pbe
B,
who
signed
the
deed
of
fear.
When
A
corporation
does
not
incur
criminal
liability
against A? signed
Explain.
(5%)
10,000.00
and
endorsed allegedly by
later estafa
on ANSWER:
tried
to register
the deed,
B
SUGGESTED
for
because
a
money
market
C.
A week later,
the accused
went
to Bank
AA
summoned
enough
courage
and
had
The
chargeunder
for
Robbery
under
Article
of
Convicted
two informations
ofofestafa
transaction
partakes
of
the
nature
a298
loan,
to withdraw
P10,000.00.
While
withdrawing
arrested
and
charged
in
court
after
the
Revised
Penal
Code
should
be
filed
and
attempted
estafa
both
through
such
that
nonpayment
thereof
would
not
the
amount, investigation.
he was arrested.
preliminary
against
Article
provides
thatheany
falsification
of
commercial
documents,
set
give
riseA.
to Said
estafa
through
misappropriation
person
who, with
intent
to
defraud
another,
up
the defenses
that,
except
for the
showing
or conversion.
In
money
market
placement,
by
means
of violence
or intimidation,
shall
that
the
C had
beenofforged,
no
there
is signature
transfer
ofofownership
the money
compel
him to sign,
execute
and
any
further
evidence
was
presented
establish
to be invested
and
therefore
thetodeliver
liability
for
public
or
document
be held
(a)
thatinstrument
heis
was
thein
forger
of(Perez
the shall
signature
of
its return
civil
nature
vs. Court
of
Estafa
vs.
(2005)
The
caliber
carried
A
guilty
ofTheft
robbery.
C
norpaltik
(b),
that
as to.45
the firearm
second
Cby of
Appeals,
127
SCRA
636;
Sebrenocharge
vs. Court
SUGGESTED
ANSWER:
DD
was
engaged
in
the
warehouse
business.
was
obviously
intended
to
intimidate
B
and
suffered
any
damage.
Rule
on
the
defense.
Appeals etal, G.R. 84096, 26 Jan 95).
The
defense
notcommission
tenable;
(a) of
thethe
possessor
Sometime
November
2004,
he
was
in dire
thus,
used in
inis
the
robbery.
of
aitfalsified
document
is presumed
be the
need
of
money.
He,
thus,
sold
merchandise
If
could
be
established
that
Atohad
no
author
of
(People
deposited
infalsification
his towarehouse
tocarry
VR such
for
license
orthe
permit
possess
andvs.
Sendaydtego,
81
SCRA
Koh only
Tiek
vs.
People,
P500,000.00.
DD
was
charged
with
as
firearm,
it should
be120;
taken
astheft,
special
et
al, Dec. 21,
1990)
; (b)
estafa,
a mere
principal,
while
VR
as In
accessory.
The
court
aggravating
circumstance
to the
crime
of
ALTERNATIVE
ANSWER:
disturbance
of of
property
rights,
even
convicted DD
theft but
acquitted
VR on
robbery,
not
subject
of
a if
separate
On
premise
that
the
of Sale
which
temporary,
would
be sufficient
to,
cause
the theground
that
heDeed
purchased
the
prosecution.
A
compelled
B
to
sign,
had
not
attained
damage.
Moreover,
in
a
crime
of
falsification
merchandise in good faith. However, the
the
character
of VR
adocument,
instrument
or
of
a commercial
or intent
court
ordered
to"public"
return damage
the
merchandise
document,
A
should
be
charged
for
the
DD
moved
for
the
reconsideration
of
the
to cause
damage
is not necessary
because
the owner
thereof
and ordered
DD to
crime
of insisting
Qualified
Trespass
toshould
Dwelling
decision
that
he
be
the
principal
thing punished
is the
violation
refund
the
P500,000.00
to VR.
Estafa;
Defense
of
Ownership
(2002)
A
sold
under
Article
280
of
the
Revised
Penal
Code
acquitted
of
theft
because
being
the
of the public faith and the destruction of the
a
washing
machine
tointo
B on
credit,
with
thefor
for
having
intruded
Bs
house,
and
depositary,
he had
juridical
possession
of
the
truth
as therein
solemnly
proclaimed.
understanding
that
could moved
return
the
the
crime of Grave
under
Article
merchandise.
VR BCoercion
also
for
the
appliance
within
two
weeks
if, after
286
of same
Code,
for
compelling
Btesting
to sign
reconsideration
of
the
decision
insisting
that
Robbery
vs.
Highway
Robbery
(2000)
the
same,
B
decided
not
to
buy
it.
Two
such
of sale
against
since deed
he was
acquitted
of his
thewill.
crime charged,
Distinguish
Highway
Robbery
weeks
lapsed
without
B returning
the under
and that
he purchased
the
merchandise
in
SUGGESTED
ANSWER:
Presidential
Decree
No.
532
from
Robbery
appliance.
A
found
out
that
B
had
sold
thethe
good faith, he is not obligated to return
SUGGESTED
ANSWER:
The
motion
reconsideration
should
be
committed
onfor
a
(3%)
washing
machine
to a owner.
third
partyIs
Bon
liable
merchandise
tohighway.
its
Rule
the
Highway By
Robbery
underthe
Pres.
Decree
532
granted.
depositing
merchandise
in
for
estafa?
Why?
(5%) (5%)
SUGGESTED
motions
with
reasons.
differs
from
ordinary
Robbery committed
on
his
warehouse,
he
transferred
not
merely
ANSWER: No, B is not liable for estafa
a highwaybut
in these
respects:
physical
alsojust
juridical
possession.
because he
is not
an entrustee
of the The
1
In of
Highway
Robbery
under of
PD theft
532, the
element
taking
in
the
crime
washing machine which he sold; he is the is
robbery
is
committed
indiscriminately
against
wanting.
At thebymost,
heofcould
be held
owner thereof
virtue
the sale
of theliable
persons
who
commute
in
such
highways,
for
estafa
for to
misappropriation
of onthe
washing
machine
him. The sale being
On
regardless
the other
of deposited.
the
hand,
potentiality
the motion
theyofoffer;
VR must
while in
merchandise
credit, B as buyer is only liable for the
also
be Robbery
denied. committed
His acquittal
is of no
ordinary
on a highway,
the
unpaid
price of
the washing machine; his
Estafa;
Swindling
(1998)
moment
robbery
is
because
committed
the thing,
only against
subjectpredetermined
matter of
obligation is only a civil obligation. There is
the
Divina,
offense,
is theshall
owner
beofrestored
a 500-square
to themeter
owner
victims;
no felonious misappropriation that could
residential
City
covered
by532,
even
2
though
It is lot
Highway
itinisMakati
found
Robbery
in the
under
possession
PD
of
constitute estafa.
a
TCT
third
No.
1998.
Aswho
her
acquired
needed
it one
money
by who
lawful
for
when
theperson
offender
is ason
brigand
or
roams
his
trip (Art.
abroad,
Divina
means.
in public
105,
RFC)mortgaged her

67 of 86
68
lot to her neighbor Dino for P1,000,000.
Estafa; Elements
(2005)the same lot to Angel for
Later
Divina sold
DD purchased
television
forshe
P2,000,000.
In athe
Deed ofset
Sale,
P50,000.00
with that
the use
a counterfeit
expressly
stated
the of
property
is free
creditany
card.
owner of the establishment
from
lienThe
or encumbrance.
What crime,
SUGGESTED
ANSWER:
had
nodid
inkling
that
the credit
card used by
if
any,
Divina
commit?
[5%]
Divina
committed
estafa
swindling
under
DD was counterfeit.
Whator
crime
or crimes
Art.
316,
par.
2 Explain.
of the Revised
Penal Code
SUGGESTED
ANSWER:
did DD
commit?
(5%)
DD committed
the crime
estafa
Art.
because,
knowing
that of
the
realunder
property
315, par.
2(a)
the Revisedshe
Penal
Code
by a
being
sold
is of
encumbered,
still
made
falsely pretending to
credit.
The that
misrepresentation
in posses
the Deed
of Sale
elements
of estafa
under
this penal
the
same
is free
from
any provision
lien or
are; (1) the accused
defrauded
by or
encumbrance.
There
is thus another
a deceit
Robbery
(1996)
meanscausing
of deceit;
and (2) to
damage
or
fraud
damage
the buyer
of the
Five
robbers
robbed,
one after the
other five
prejudice
capable
of pecuniary
estimation
is
lot.
houses
occupied
by
different
families
caused
to the
offended
party guard,
or thirdand
party.
Mr. Carlos
Gabisi,
a customs
Mr,
The
also
violated
R.A.
No. 8484,
located
inside
a compound
enclosed
bythe
a sixRicoaccused
Yto,
a private
Individual,
went
to
which
punishes
the
use
or
possession
of
SUGGESTED
ANSWER:
feet
high
hollow
block
fence.
How
many
office of Mr.
Diether Ocuarto, a customs
SUGGESTED
ANSWER:
No,
thecounterfeit
contention
of
the
accused
is not
fake
or
credit
card.
robberies
did
the five
commit?
Explain.
broker,
and
represented
themselves
as
The
offenders
committed
only
one
robbery
in
Estafa;
Falsification
of as
Commercial
Document
(2000)were
correct.
As long
the checks
issued
agents
of Moonglow
Commercial
Trading,
an
the
eyes
of the
because
issued
to apply
on law
account
or for when
value, they
and
Importerthe
of children's
clothes and
toys.
Mr.
entered
compound,
were
impelled
was
dishonored
upon they
presentation
for
Gabisi by
and Mr.
Yto
engaged
Mr. Ocuarto
to
only
a
single
indivisible
criminal
payment to the drawee bank for lack of
prepare and file
with the
Bureauas
of Customs
resolution
commit
a robbery
were
insufficienttofunds
on their
due date,they
such
act
the
necessary
Import
Entry
and
Internal
not
aware
that
there
were
five
families
falls within the ambit of B.P. Blg. 22. Said
Revenue
Declaration
covering
Moonglow's
inside
said
compound,
considering
thatmay
the
law expressly
punishes any
person who
shipment.
Mr.
Gabisi
and
Mr.
Yto
submitted
same
was
enclosed
by
a
six-feet
high
hollowhave insufficient funds in the drawee bank
to Mr. Ocuarto
a series
packing
a commercial
block
The
oflist,
robbery
committed
when fence.
he issues
the check,
but fails
to keep
invoice,
a
bill
of
lading
and
a
Sworn
Import
in
the
same
compound
at
about
the
same
sufficient
funds
to
cover
the
full
amount
of
Robbery
under RPC (2000)
Duty Declaration
which
the crime,
time
constitutes
one declared
continued
the
check
when
presented
to
the
drawee
A,
B, vs.
C, BP
Das
and
B were
in aimpulse.
beerhouse
along
shipment
children's
toys,
the taxes and
Estafa
22
(2003)
motivated
by
one
criminal
bank
within
ninety
(90) days
from the date
MacArthur
Highway
having
duties
ofagreed
which
were
computed
ata drinking
A
and
B
to
meet
at
the
latter's
house
appearing
spree.
At thereon.
about
1 o'clock
inthe
the morning,
P60,000.00.
Mr. financial
Ocuarto
filed
to
discuss
B's
problems.
On his
they
decided
to documents
leave
andblew
so asked
for the
aforementioned
with
theBefore
Manila
way,
one
of A's
car
tires
up.
A
bill.
They
pooled
their
money
together
International
Container
Port.
However,
left following the meeting, he asked Bbut
to
they
were
still
short
of
P2,000.00.
E then
before
the(A)
shipment
was
released,
a spot
lend
him
money
to
buy
a new spare
tire.
orchestrated
a
plan
whereby
A,
B,
C
D
check
was
conducted
by
Customs
Senior
B had temporarily exhausted his and
bank
would
go
out,
flag
a
taxicab
and
rob
the
taxi
Agent
James
Bandido,
who
discovered
that
deposits,
leaving
a
zero
balance.
driver
of all of
his
money
E would
wait
the contents
the
van (shipment)
were not
Anticipating,
however,
awhile
replenishment
of
for
them
in
the
B,
C and D
children's
toys
as beerhouse.
declared
in A.
the
shipping
his
account
soon,
B issued
A a
postdated
agreed.
All but
armed
with
balisongs,
A,a B,
C
documents
1,000
units
of videofor
cassette
check
with
which
A
negotiated
new
and
D hailed
theand
first
taxicab
recorders
with
taxes
duties
computed
at
tire.
When
presented,
the
check
bouncedthey
for
encountered.
After
X, warrant
the driver,
P600,000.00.
A
hold
order
of of
lack
of funds.
Therobbing
tire and
company
filed
a
SUGGESTED ANSWER:
his
earnings,
which
amounted
to
P1,000.00
seizure
and
detention
were
then
issued
by
criminal
case
against
A
and
B.
What
would
A who negotiated the unfunded check of B in
only,
they
needed
P1 of
,000.00
more
to of
meet
thethe
District
Collector
Customs.
Further
be
criminal
liability,
if any,
each
buying
a new tire
for his
car ofmay
only the
be
their
bill.
So,
they
decided
to
hail
another
investigation
showed
that
Moonglow
is
nontwo
accused?
prosecuted
forExplain.
estafa if8%
he was aware at the
taxicab
they again robbed
driver
of his
existent.and
Consequently,
Mr, Gabisi
andTMr.
time of such negotiation that the check has
hard-earned
money
to P1,000.
Yto were charged
withamounting
and convicted
for
no sufficient funds in the drawee bank;
On
their of
way
back 3(e)
to the
beerhouse,
they
violation
Section
of R.A.
3019 which
SUGGESTED
otherwise,ANSWER:
he is not criminally liable.
were
apprehended
by
a
police
team
upon
makes
it
unlawful
among
others,
for
public
A.
B,
C,
D
and
E
are
liable
for
two
(2)
counts
B who accommodated A with his check may
the
complaint
X,Article
the driver
ofto
the
first
officers
to cause
any
undue
Injury
any
of
robbery
under
294
of
the
nevertheless
beofprosecuted
under
BP
22Rev.
for
cab.
They
pointed
to
E
as
the
mastermind.
party,
including
the
Government.
In
the
Penal
Code;
not
for
highway
Robbery
under
having issued the check, knowing at the time
What
crime
or
crimes,
if
any,
did
B, bank
C,but
D
discharge
ofthat
official
functions
through
PD
532.
The
offenders
are
not
brigands
of
issuance
it has
no
funds
inA,the
and
B
commit?
Explain
fully.
(3%)
manifest
partiality,
evident
bad
faith
or
gross
only
committed
the
robbery
to
raise
money
and that A will negotiate it to buy a new tire,
inexcusable
negligence.
In be
their
motion for
to
pay
bill
because
it happened
that
i.e.,
for their
value.
B may
not
prosecuted
for
reconsideration,
the
accused
alleged
that
they
were
short the
of
money
to
pay
thethat
same.
estafa
because
facts
indicate
hethe
is
Robbery
under
(2001)
decision
wasRPC
erroneous
because
theincrime
not
actuated
by intent to
defraud
issuing
A
and
B consummated
arewhich
neighbors
in Barangay
Nuevo
was
not
but
was only
at
an I,B
the
check
A negotiated.
Obviously,
Silang,
Cavite.
A is
a barangay
Kagawad
and
attempted
stage,
and
that
in
fact
the
issued the postdated check only to help A:
known
to
be
a
Government
did
not
suffer
any
undue
injury.
criminal intent or dolo is absent.
Assuming that the attempted or frustrated
stage of the violation charged is not
punishable, may the accused be nevertheless
convicted for an offense punished by the
Revised Penal Code under the facts of the
case? Explain. (3%)

Criminal Law Bar Examination Q & A (1994-2006)

Jose. Henry, likewise, moved to reconsider

the decision, asserting that he is liable only
for attempted robbery with homicide with
no aggravating circumstance, considering
that he and Mario did not benefit from the
P500,000.00. He further alleged that arson
is a felony and not an aggravating
circumstance; dwelling is not aggravating in
attempted robbery with homicide; and
nighttime is not aggravating because the
house of Jose was lighted at the time he was
SUGGESTED ANSWER:
killed. isResolve
with reasons
the respective
Mario
not correct.
Mario conspired
and
motions
of
Mario
and
Henry.
(7%)
acted in concert with Henry to
commit

robbery. Hence, the act of one is the act of

all and the extent of the specific
participation of each individual conspirator
becomes secondary, each being held liable
for the criminal deed(s) executed by another
or others. As a conspirator, Mario casts his
lot with his fellow conspirators and becomes
liable to any third person who may get killed
in the course of implementing the criminal
Henry is incorrect, since he acquired
design. (People v. Punzalan, et al.. G.R. No.
possession of the money. The crime of
78853, November 8, 1991)
robbery with force and intimidation is
consummated when the robber acquires
possession of the property, even if for a
short time. It is no defense that they had no
opportunity to dispose of or benefit from the
money taken. (People v. Salvilia, et al., G.R. No.
Since
crime
in robbery with force and
88163,the
April
26, 1990)
intimidation against persons (robbery with
homicide), dwelling is aggravating. Arson,
which accompanied the crime of robbery
with homicide is absorbed (Art. 294, RFC as
amended by R.A. No. 7659) and is not
aggravating because the RPC does not
provide that such crime is an aggravating
circumstance. (People v. Regala, G.R. No.
130508, April 5, 2000) Nighttime, likewise, is
not aggravating. There is no showing that
the same was purposely sought by the
Robbery w/ Homicide (1996)
offenders to facilitate the commission of the
Jose,
Manolo, and Fernando,
crimeDomingo,
or impunity.
armed with bolos, at about one o'clock in the
morning, robbed a house at a desolate place
where Danilo, his wife, and three daughters
were living. While the four were in the
process of ransacking Danilo's house,
Fernando, noticing that one of Danilo's
daughters was trying to get away, ran after
her and finally caught up with her in a
thicket somewhat distant from the house.
Fernando, before bringing back the
daughter to the house, raped her first.
Thereafter, the four carted away the
belongings of Danilo and his family. a) What
crime did Jose, Domingo, Manolo and
Fernando commit? Explain. b) Suppose,
after the robbery, the four took turns in
raping the three daughters of Danilo inside
the latter's house, but before they left, they
killed the whole family

69 of 86
70
to prevent
highways
identification,
and carries what
out his
crime
robbery
did the
in
highways
as venue, whenever the
fourpublic
commit?
Explain.
SUGGESTED
ANSWER:
opportunity
to do so arises. It is ordinary
(a) Robbery
Jose, Domingo,
and Revised
Manolo Penal
committed
under the
Code
Robbery,
while
Fernando
committed
when the commission thereof in
a public
complex
crime
of Robbery
withandRape.
highway
is only
incidental
the
Conspiracy
can
be
inferred
from
offender is not a brigand: and the manner
the
committed
the robbery
but 532,
the
3. offenders
In Highway
Robbery
under PD
rape
committedinby
Fernando
at a place
therewas
is frequency
the
commission
of the
"distant
the house"
where and
the robbery
robbery from
in public
highways
against
was
committed,
not
in the whereas
presenceordinary
of the
persons
travelling
thereat;
other
conspirators.
Hence,
Fernando
Robbery
in public
highways
is alone
only
should
answer
for the
rape, rendering
him
occasional
against
a predetermined
victim,
liable
forfrequency
the special
complex
crime. (People
without
in public
highways.
b) The crime would be Robbery with
vs.
Canturia
et.
al,
G.R.
108490,
22
June 1995}
Robbery
w/ force
upon things
(2000) were
Homicide
because
the killings
by reason
A,
of B,identification)
with the intention
(tobrother
prevent
andof having
on the
a
night out
friends,
took
the
occasion
ofwith
the his
robbery.
The
multiple
rapes
coconut shell
which
is being
by Bpersons
as a
committed
and
the fact
thatused
several
bank for
coins
from inside
their be
locked
were
killed
[homicide),
would
considered
cabinet
using their
common key.The
Forthwith,
as
aggravating
circumstances.
rapes are
A broke the coconut
outside ofand
their the
synonymous
with shell
Ignominy
home in thekilling
presence
of his friends.
is
additional
synonymous
withWhat
cruelty,
the criminal
liability
of A, ifPeople
any? vs.
Explain.
(People
vs. Solis,
182 SCRA;
Plaga, 202
Robbery
w/
(1998)
(3%) Is
AHomicide
exempted
from criminal liability
SCRA
531)
A,
B, CArticle
and D 332
all armed,
robbed a
bank,
and
under
of the Revised
Penal
Code
SUGGESTED
ANSWER:
when
they
were about
to get out
for being
a brother
of B? Explain.
(2%)of the
a) A policemen
is criminally
liable
Robbery
with
bank,
came
andfor
ordered
them
to
force upon things,
because
shell
surrender
but they
firedthe
oncoconut
the police
with thewho
coins
inside,
officers
fired
backwas
andtaken
shot with
it outintent
with
to
gain anda broken
outside was
of their
1. Suppose
bank employee
killedhome,
and
them.
(Art.
299 (b)
(2). killed
RPC). him came from the
the bullet
which
b)
No,
A
is
not
exempt
from criminal
liability
firearm of the police officers,
with what
under
Art. you
332
because
applies
2.
Suppose
it was
robber
D who
was
crime
shall
charge
A, said
B.
C Article
and
D?killed
[3%]
only
topolicemen
theft, swindling
orprosecutor
malicious mischief.
by
the
and the
Here,
theA,crime
is robbery.
charged
B andcommitted
C with Robbery
and
Homicide. They demurred arguing that they
Robbery
w/ Homicide
(2005)
(A, B and
C) were- R.A.
notNo.
the7659
ones
who killed
Jose
employed
Mario
as
gardener
robber D, hence, the charge shouldand
onlyHenry
be
as cook.How
They
learned
that their
Jose won
Robbery.
would
you resolve
P500,000.00
in the lotto, and decided to rob
argument?
(2%)
him. Mario positioned himself about 30
meters away from Joses house and acted as
lookout. For his part, Henry surreptitiously
gained entry into the house and killed Jose
who was then having his dinner. Henry found
the P500,000.00 and took it. Henry then took
a can of gasoline from the garage and
burned the house to conceal the acts. Mario
and Henry fled, but were arrested around
200 meters away from the house by alert
Mario and Henry were charged with and
barangay tanods. The tanods recovered the
convicted of robbery with homicide, with the
P500,000.00.
aggravating circumstances of arson, dwelling,
and nighttime.
Mario moved to reconsider the decision
maintaining that he was not at the scene of
the crime and was not aware that Henry
killed the victim; hence, he was guilty only
of robbery, as an accomplice. Mario also
claimed that he conspired with Henry to
commit robbery but not to kill

SUGGESTED ANSWER:

1.

A, B, C and D should be charged with

the crime of robbery with homicide
because the death of the bank employee
was brought about by the acts of said
offenders on the occasion of the robbery.
They shot it out with the policeman,
thereby causing such death by reason or
on the occasion of a robbery; hence, the
composite crime of robbery with
homicide.
2. The argument is valid, considering that a
separate charge for Homicide was filed.
It would be different if the charge filed
was for the composite crime of robbery
with homicide which is a single,
indivisible offense.

Criminal Law Bar Examination Q & A (1994-2006)

SUGGESTED
ANSWER:
Robbery
w/
Homicide
(2003)
committed
hence,
with
Family
of
certain
Internal
Rule
the
Code,
crimes,
taking
by
Revenue,
110
such
one
like
of
with
who,
as
rape,
the
in
A,
intent
with
Article
the
seduction
Revised
intent
to
speaker,
27
gain
which
to
Rules
and
isgain,
in isthe
on
a
The
crime
committed
by
XA,
YB
and
is
A learned
two
days
ago
that
Bisthe
had
received
appropriates
complete
Criminal
marriage
course
adultery.
ofProcedure.
It
in
and
his
has
articulo
property
lecture,
thus
no definite
the
mortis.
lamented
of
crime
another
concept
If
the
without
second
asfact
a ZC
that
the
composite
crime
ofthose
Rape,
a
dollar
bills
amounting
toRobbery
$10,000
from
the
consummated.
marriage
a
crime.
great
consent
majority
was
of valid
its owner.
of
even
without
And
serving
thewith
acrime
marriage
inhis
issaid
single,
indivisible
offense
under
Art.
294(1)
Theft;
Concubinage
Stages
of
(2002)
Execution
daughter
working
in (2000)
the
United
States.
With
committed
license,
agencies
then
were
even
CBP
utterly
when
would
dishonest
thebe
offender
liable
and
for
receives
corrupt.
Miscellaneous
of
the
Revised
Penal
Code.
Sunshine,
A
is
married.
beauteous
He
hasbut
a "colegiala"
paramour
with
but
awhom
the
intention
of
robbing
Bthe
of those
dollars,
A
property
bigamy.
The
following
ofa another
morning,
acquires
whole
only
group
of
Otherwise,
CBP
istwo
not
liable
for
bigamy
but
shoplifter,
he
hasDelicti
sexual
went
relations
to
the
Ever
onthe
Department
a armed
more
or
less
entered
B's
house
at
midnight,
with
a
physical
employees
possession
in
the
to
bureaus
hold
who
same.
attended
Corpus
(2001)
Although
the
among
the
Theft
(2001)
for
Marriage
in
Art.
for
the
Store
regular
and
basis.
proceeded
They
to
meet
the350
women's
at
least
wear
once
aa
knife
which
heparty
used
to
gain
entry,
and
began
the
seminar,
asconspiracy
complainants,
filed
At
aIllegal
birthday
in
Bogo,
Cebu,
A
got
offenders
was
only
to
commit
robbery
and
Francis
Garcia,
a
Jollibee
waiter,
found
a
Revised
Penal
Code,
specifically
designated
section.
week
in
The
hotels,
saleslady
motels
was
and
of
the
other
impression
places
quietly searching
theagainst
drawers,
and
criminal
complaint
Ashelves,
forwith
uttering
intoxicated
andCD,
started
quarrelling
B
only
XA
raped
the
other
robbers,
YB
gold
bracelet
in front
of
his
working
place
in
as
"Marriage
contracted
against
provisions
that
where
she
they
brought
can
be
to
the
alone.
fitting
Is
Abe
room
guilty
three
of Aand
any
(3)
other
likely
receptacles
of
the
cash.
While
what
the
group
claimed
to
defamatory
and
C.
At
the
height
of
their
arguments,
SUGGESTED
ANSWER:
ZC,
were
present
and
aware
of
the
rapea
Makati
and,
upon
inspecting
it,court,
saw
the
of
laws."
pieces
crime?
of
Why?
swimsuits
(3%)
of
different
colors.
When
doing
that,
B
awoke,
rushed
out
from
the
statements
of
the
lecturer.
In
A
filed
left
tookofa bolo
from
his
house,
after by
A
isand
guilty
the
crime
of
concubinage
being
committed
by
their
name
and
address
the
owner
engraved
on
she
came
out
of
theof
fitting
room,
she
bedroom,
and
grappled
with
Aco-conspirator.
for
thereciting
motion
toreturned
quash
the
information,
which
he
to
the
party
and
having
sexual
intercourse
under
scandalous
SUGGESTED
ANSWER:
Bigamy;
Prescriptive
Period
(1995)
Having
done
nothing
to
stop
XA
from
the inside.
Remembering
his
parents'
returned
only
two
(2]
pieces
to
the
clothes
possession
of
the
knife
which
A
was
then
fully
the
above
facts,
on
the
ground
that
no
threatened
tothe
stab
everybody.
Bwho
got
scared
IJoe
would
grant
the
motion
to
quash
oninthe
circumstances,
with
a woman
is
not
his
and
Marcy
were
married
inyou
Batanes
committing
rape,
YBtonot
and
ZCA
thereby
admonition
that
he
should
take
anything
rack.
The
saleslady
became
suspicious
and
holding.
After
stabbing
B
death,
turned
crime
were
committed.
If
were
the
and
ran
towards
the
seashore,
with
Arape
ground
that
the
facts
charged
do not
wife.
1955.
After
two
years,
Joe
left
Marcy
and
concurred
in
the
commission
of
the
by
which
does
not
belong
toresolve
him,
hethe
delivered
alerted
the
store
detective.
Sunshine
was
over
B's
pillow
and
found
the
latter's
wallet
judge,
how
would
you
motion?
chasing
him,
B
ran
up
a
steep
incline
along
The
criminal
liability
of
all,
XA,
YZ
and
ZC,
Having
sexual
relations
on
a
more
oris
less
constitute
an
offense,
since
there
no
settled
in
Mindanao
where
he
later
met
and
their
co-conspirator
XA.
the
bracelet
to
PO1
Jesus
Reyes
of
the
stopped
byand
the
detective
before
she
could
underneath
the
pillow,
which
was
bulging
8%
the
shore
was
cornered
on
top
of
a
cliff.
shall
be
the
same,
as
principals
in
the
regular
basis
in
hotels,
motels
and
other
SUGGESTED
ANSWER:
definite
person
or
persons
dishonored.
The
married
Linda
on
12brought
June
1960.
The
second
Makati
Quad
precinct
with
the
instruction
leave
the
store
and
to the
office
ofto
with
the
dollar
bills
he
was
looking
for.
Athe
Out
of
fear,
B jumped
from
the
into
The
crime
committed
is
robbery
with
special
complex
crime
of
robbery
with
rape
places
may
be
considered
acliff
scandalous
crime
of
libel
or
slander,
is
a to
crime
against
marriage
was
registered
in
the
civil
registry
locate
the
owner
and
return
it
him.
PO1
the
store
manager.
The
detective
and
the
took
the
bills
and
the
house.
What
crime
sea,
A
returned
toleft
the
scene
ofThis
their
homicide,
composite
crime.
is so
which
is
aa single,
indivisible
offense
where
circumstance
that
offends
public
honor
such
that
the
person
or
persons
of
Davao
City
three
days
after
its
celebration.
Reyes,
instead,
sold
theand
bracelet
and
manager
searched
her
found
her
or
crimes
were
committed?
8%
confrontation
and
seeing
that
nobody
was
because
A's
primordial
criminal
intent
is
to
SUGGESTED
ANSWER:
the
rape
accompanying
the
robbery
is
just
a
conscience,
giving
rise
to
criticism
and
dishonored
must
be
identifiable
even
by
On
10 October
1975
Marcy
whoSubsequent
remained
in
misappropriated
the
proceeds.
wearing
the
third
swimsuit
under
her
blouse
The
theft
was
consummated
because
the
there,
went
home
to
sleep.
The
next
day,
B's
commit
adiscovered
robbery
and
inmarriage
the
course
of
the
component.
general
protest
such
acts
being
imprudent
innuendoes:
otherwise
the
crime
against
Batanes
the
of
Joe
to
events
brought
out theft
the
fact
thatswimsuit
the bracelet
and
pants.
Was
the
ofcomplete.
the
ALTERNATIVE
ANSWER:
Robbery;
Homicide;
Arson
(1995)
taking
or
asportation
was
The
wife
reported
to
the1976
police
station
that
her
robbery,
the
killing
of
B took
Both
the
and
wanton
and
setting
aplace.
bad
example
honor
is
not
committed.
Moreover,
A
not
Linda.
On
1guilty
March
Marcy
filed
awas
was
dropped
by
a
snatcher
who
had
grabbed
A
is
not
of
any
crime
because
a
consummated,
frustrated
or
attempted?
Harry,
an
overseas
contract
worker,
arrived
asportation
is
complete
when
the
offender
husband
had
not
yet
come
home.
A
search
robbery
and
the
killing
were
consummated,
The
crime
of
bigamy
prescribed
in
fifteen
(People
vs.
Santos,
86 SCRA
705 Joe.
[1978]).
making
a
malicious
imputation,
but
merely
complaint
for
bigamy
against
it
from
the
owner
a
block
away
from
where
married
man
does
not
incur
the
crime
of
Explain.
(5%)
from
Saudi
Arabia
considerable
acquired
exclusive
control
of the
personal
was
conducted
by
the
residents
of
the crime
thus
giving
rise
to
the
special
complex
years
computed
from
the
day
the
crime
is a
stating
an
opinion;
hewith
was
delivering
Francis had
found
ithim
and
further
concubinage
by
merely
having
a paramour,
savings.
Knowing
to
be
"loaded",
hisa
property
being
taken:
in
this
case,
when
barangay
but
after
almost
two
days,
B
or
his
of
robbery
with
homicide.
The
primary
discovered
by
the
offended
party,
the
lecture
with traced
no malice
at
all during
investigation
theand
last
possessor
ashim
unless
under
scandalous
circumstances,
or
friends
Jason,
Manuel
Dave
Sunshine
wore
thelocated
swimsuit
under
herthe
body
could
nottheir
be
and
his
criminal
intent
being
to commit
ainvited
robbery,
authorities
or
agents.
Joe
raised
seminar
workshop.
Malice
being
inherently
PO1
Reyes.
Charged
with
theft,
PO1
Reyes
he
keeps
her
in
the
conjugal
dwelling
as
a
Libel
(2005)
SUGGESTED
ANSWER:
to
poker
session
at
a
rented
beach
cottage.
blouse
and
pants
and
was
on of
her
way
out
of
disappearance
continued
for
the
next
few
any killing
on
the
"occasion"
the
robbery,
defense
prescription
ofthe
the
crime,
more
absent
inofout
the
utterance,
statement
isany
not
reasoned
that
he
had
not
committed
mistress,
or
cohabits
with
her
in
any
other
Charged
In
an
interview
with
theft,
aired
PO1
on
Reyes
television,
is
criminally
Cindee
When
he
was
losing
almost
all
his
money
the
store.
evident
intent
to
gain,
days.
Based
on
thehaving
testimony
of
andthe
other
though
notWith
by
reason
thereof,
is C
considered
than
fifteen
years
elapsed
from
the
actionable
as
defamatory.
crime
because
it was
not
he
who
found
place.
His
weekly
meetings
his
liable.
uttered
His
defamatory
contention
that
statements
hebeing
has
not
against
which
to
him
was
his
ofhad
awith
lifetime,
taking
constitutes
theft
and
complete,
guests,
who
had
seen
Asavings
B
on
top
of
a component
ofthe
the
crime
of
robbery
with
celebration
of
bigamous
marriage
upthe
to
the
ALTERNATIVE
bracelet
ANSWER;
and,
moreover,
it
turned
out
toby
Robbery
w/
Homicide;
Special
Complex
Crime
(1995)
paramour
does
not
per
se
constitute
committed
Erika,
a
any
successful
crime
because
and
he
was
reputable
not
he
discovered
that
he
was
being
cheated
it
is
consummated.
It
is
not
necessary
that
cliff,
AVexation
was
arrested
and
charged
with
homicide
as
a
single
indivisible
offense.
the
filing
of
Marcy's
complaint.
He
SUGGESTED
ANSWER:
Unjust
vs.
Act and
of
Lasciviousness
(2006)
The
crime
of
theft
was
only
frustrated
have
been
stolen.
the
case
with
scandalous
circumstance.
Victor,
Ricky,
Rod
Ronnie
went
to
the
the
businesswoman.
one
who
found
What
the
bracelet
crime
or
and
crimes
it second
turned
did
his
friends.
Angered
by
the
betrayal
he
the
offender
is
in
aResolve
position
to for
dispose
of the
Murder.
In
his
defense,
he
claimed
that
The
defense
of
A
is
not
tenable.
"Corpus
contended
that
the
registration
of
his
Eduardo
Quintos,
a
widower
the
past
10
because
Sunshine
has
not
yet
left
the
store
SUGGESTED
ANSWER:
reasons.
(10%)
Harry
ordered
several
bottles
of
Tanduay
store
of
Mang
Pandoy.
Victor
and
Ricky
out
Cindee
to
be
commit?
stolen
also,
Explain.
is
devoid
(3%)
of
merit.
It
is
decided
to
take
revenge
on
the
three
cheats.
property,
since
B's
body
has
not
been
found,
there
was
delicti"
does
not
refer
to
the
body
of
the
marriage
in
the
civil
registry
of
Davao
City
years,
felt
that
his
retirement
at
the
age
of
Cindee
committed
libel
for
uttering
when
the
offense
was
opportunely
discovered
Rhum
and
gave
them
to
hisand
companions
to
entered
the
store
while
Rod
Ronnie
enough
that
the"corpus
bracelet
belonged
to world
no
evidence
of
delicti'
and
therefore,
purported
victim
which
had
not
been
found.
was
constructive
notice
to
the
whole
of
70
gave
him
the
opportunity
to
engage
in
his
defamatory
remarks
tending
to
cause
and
theas
article
seized
from
her.all
She
does
not
drink,
they
did,
until
they
fell
asleep.
posted
themselves
at
the
door.
After
ordering
another
and
the
failure
to
restore
the
same
he
should
be
acquitted.
Is
the
defense
of
A
Even
without
the
body
of
the
purported
the
celebration
thereof
thus
binding
upon
favorite
pastime
his
voyeurism.
If the
not
using
dishonor
or
discredit
tocompanions
Erika.
Libel
can
be
have
yet
the
freedom
to
dispose
of
SUGGESTED
ANSWER:
When
Harry
saw
already
beer
complained
he
to
its Ricky
owner
is
characterized
bywas
intent
tenable
or not?
State
the
reason(s)
for
your
victim
being
found,
the
offender
can
beto
Marcy.
Has
the
crime
ofthat
bigamy
charged
his
high-powered
binoculars
to
peep
at
his
committed
in
television
programs
or
swimsuit
No.
The
The
act
of
prescriptive
she
PO1
was
Reyes
taking
period
of
selling
(People
for
the
vs.
Dino,
crime
bracelet
CA
of
45
sound
asleep
he
hackedMang
all of Pandoy
them to death.
shortchanged
although
gain.
answer.
(5%)
convicted
when
the
facts
and
circumstances
against
Joe
already
prescribed?
Discuss
fully,
neighbor's
homes
and
domestic
activities,
his
broadcasts,
though
it
was
not
specifically
bigamy
O.G.
which
3446)
does
is
.
computed
Moreover,
not
belong
from
in
to
case
him
the
of
time
and
doubt
which
the
as
crime
to
he
Then
he remembered
his losses.
He rifled
vehemently
denied
it.
Suddenly
Ricky
of
a crime,
the
body
of
the
crime
or
"corpus
second
was
to
follow
sweet
young
mentioned
inbe
the
article
since
itparty,
was
not
yet
whether
was
only
discovered
heldchoice
it
tois
consummated
delivered
by
the
offended
to
or
its
frustrated,
owner,
is
the
the
through
the
pockets
of
his
victims
and
got
whipped
out
a
knife
as
he
announced
"HoldIn
other
words,
the
non-recovery
of
the
body
delicti"
is
established.
girls.
One
day,
he
trailed
a
teenage
girl
up
to
in
existence
then,
but
is
included
as
"any
doubt
authorities
furtive
must
misappropriation
or
be
their
resolved
agents.
in
with
favor
The
intent
principle
of
the
to
milder
gain.
of
back
all
thestabbed
he to
lost.
He to
then
ran
upthe
ito!"
and
Mang
Pandoy
death.
of
victim
ismoney
not a(1996)
bar
the prosecution
Usurpation
of
Real
Rights
the
LRT
station
at
EDSA-Buendia.
While
similar
means."
Defamatory
statements
criminal
constructive
responsibility.
notice
which
ordinarily
applies
away
but
not
before
burning
the
cottage
to
Rod
the store's
salesgirl
of
A boxed
for Murder,
but the
of Lucy
deathto
and
Teresita
is
the
owner
of
afact
two-hectare
land
Where
aor
finder
of
lost
or
mislaid
property
ascending
the
stairs,
he
stayed
one
step
aired
on
television
isfollowing
similar
to
radio,
to
land
property
disputes
should
not
be
hide
his
misdeed.
The
day
police
prevent
her
from
helping
Mang
Pandoy.
When
identity
of
the
victim
must
be
established
in
Bulacan
which
she
planted
to
rice
and
entrusts
it
to
another
for
delivery
to
the
behind
her
and
instore
a
moment
of
bravado,
theatrical
exhibition
or
cinematographic
applied
to
the
crime
of
bigamy,
as
marriage
investigators
found
among
the
debris
the
Lucy
ran
out
of
the
to
seek
help
from
beyond
reasonable
doubt.
Slander
(1988)
corn.
Upon
her arrival
from
a three-month
After
investigation,
the
owner,
the
person
to
whom
such
property
is
placed
his
hand
on
her
left
hip
and
gently
exhibition,
which
are
among
the
modes
for
is
not preliminary
property.
Thus
when
Marcy
filed
a
charred
bodies
of
Jason,
Manuel,
Dave
and
Corpus
Delicti;
Definition
&
Elements
(2000)
people
next
door
she
was
chased
by
Ronnie.
For
some
time,
bad
blood
had
existed
vacation
in
the
United
States,
she
was
Provincial
Prosecutor
charged
Harry
with
entrusted
and
who
accepts
the
same,
massaged
it.
She
screamed
and
shouted
the
commission
of
libel.
(Arts.
353
and
355,
complaint
for
bigamy
on 7 March
it for
the
caretaker
of
the
resort.
a)
Define
"corpus
delicti".
(2%)
b)1976,
As
soon
asthe
Ricky
had
stabbed
Mang
Pandoy,
ALTERNATIVE
ANSWER:
between
two
families
of
Maria
Razon
surprised
to
discover
that
her
land
had
been
the
complex
crime
of
arson
with
quadruple
assumes
the
relation
of
the
finder
to
the
help.
Eduardo
was
arrested
and
charged
RPC)
was
well
within
theof
reglamentary
period
asof
What
are
theGadioma
elements
of "corpus
Victor
scooped
up
the
money
fromas
theacts
cash
The
designation
the
crime
and
Judge
who
were
neighbors.
taken
over
by
Manuel
and
Teofilo
who
homicide
and
Was
Harry
properly
owner
as
if
hearobbery.
was
the
actual
finder:
ifIs
he
with
acts
of
lasciviousness.
the
SUGGESTED
ANSWER:
it
was
barely
few
months
from
the
time
of
delicti"?
(3%)
box.
Then
Victor
and
Ricky
dashed
to
the
lasciviousness
is
not
correct.
There
is
no
SUGGESTED
ANSWER:
First,
there
was
a fully.
boundary
dispute
between
Simulation
ofDiscuss
Birth
&her
Child
Trafficking
(2002)
forcibly
evicted
tenant-caretaker
Juliana,
charged?
would
misappropriate
it,
he
is
guilty
of
theft
designation
of
the
crime
correct?
(5%)
Corpus
Delicti
literally
means
"the
body
or
discovery
on
10
October
1975.
(Sermonia
vs.
street
and
shouted,
"Tumakbo
na
kayo!"
Rod
lewd
design
exhibited
by
Eduardo
when
he
No,
Harry
was
net
charged.
Harry
Theft;
Qualified
Theft
(2002)
them
which
was
still
pending
in
court.
A
childless
couple,
Aproperly
and
B,
wanted
to have
after
threatening
to
kill
the
latter
ifthat
she
(People
vs.
Avila,
44
Phil.
720).
substance
of
the
crime"
or
the
fact
a
CA,
233
SCRA
155)
was
14
and
Ronnie
was
17.
The
money
and
placed
his
hand
on
the
left
hip
of
the
victim
should
have
been
with
A child
Maria's
fire broke
mother
out
in
also
a charged
department
filed
administrative
store,
A, (3)
a
they
could
call
their
own.
C, three
an
would
resist
their
taking
of an
the
land.
crime
has
been
committed,
but
does
not
other
articles
looted
from
the
store
of
Mang
and
gently
massaging
it.
The
act
does
not
separate
crimes,
namely:
murder,
theft
and
SUGGESTED
ANSWER:
complaint
against
the
judge
which
was
taking
advantage
of
the
confusion,
entered
unwed
mother,
sold
her
newborn
baby
to
Thereafter,
Manuel
and
Teofilo
plowed,
include
the
identity
of the
person
who sexual
Pandoy
were
later
found
in
the
houses
of
clearly
show
an
exclusively
All
are
liable
for
the
special
complex
crime
arson.
the store
however
and
dismissed.
carried
away
The
Razons
goods
which
also
he
felt
them.
Thereafter,
A and
B caused
their
cultivated
and
appropriated
the44
harvest
for
committed
it.The
(People
vs.
Pascual
OG
2789).
Victor
and
Ricky.
Discuss
fully
the
criminal
motivation.
crime
he
committed
is with
only
Harry
killed
Jason,
Manuel
and
Dave
of
robbery
with
homicide.
The
acts
of alleged
Ricky
intimidated
by
the
position
and
later
sold.
What
crime,
if
any,
did
he
names
to
be
stated
in
the
birth
certificate
of
themselves
to
the
exclusion
of
Teresita.
1)
Elements
of corpus
delicti:
liability
of
Victor,
Ricky,
Rod
and
Ronnie.
unjust
vexation
for
causing
annoyance,
evident
premeditation,
as
there
in
stabbing
Mang
Pandoy
to
death,
of
in
SUGGESTED
ANSWER:
commit?
influence
Why?
of
their
(2%)
neighbor.
Fanning
fire
to
the
child
as
his
parents.
This
was
done
in was
What
crime
or
crimes
did
Manuel
and
Teofilo
The
actual
commission
by
someone
of Rod
the
A
irritation
committed
or
disturbance
the
crime
of
qualified
to
the
victim
theft
(Art.
considerable
lapse
of
time
before
he
decided
boxing
the
salesgirl
to
prevent
her
from
the
situation
the Itpractice
of in
the
connivance
withwas
the
doctor
who
assisted
commit?
particular
Explain.
crime
charged.
2)
Suppose
is
Manuel
a
compound
and
ALTERNATIVE
ANSWER:
SUGGESTED
because
287,
Revised
heANSWER:
took
Penal
the
goods
Code),
on
the
not
occasion
acts
of
to
commit
the
crime
and
the
actual
helping
Mang
Pandoy,
of
Ronnie
in
chasing
Gadiomas
of
throwing
garbage
and
animal
the
delivery
of
C.
What
are
the
criminal
Teofilo
killed
Juliana
when
the
latter
refused
fact
made
up
of
two
things:
The
crime
should
be
Other
Acts
of
Child
1)
Manuel
and
Teofilo
committed
the
crime
of
of
lasciviousness
and
taking
advantage
(Art.
336,
of
the
Revised
fire
which
Penal
SUGGESTED
ANSWER:
commission
of
the
crime.
In
addition,
Harry
the
salesgirl
to
prevent
her
in
seeking
excrement
into
the
Razon's
premises.
In
an
1
Theifof
existence
of
aof
certain
act312
orhelp,
result
liabilities,
any,
ofrights
the
couple
A
and
B,
C
to
surrender
possession
the
land,
what
Abuse
under
Section
10
of
RA.
7610,
par.
b
usurpation
real
under
Art.
of
SUGGESTED
ANSWER:
The
couple
A
and
B,
and
the
doctor
shall
be
broke
Code).
out
in
the
department
store.
The
employed
means
which
weakened
the
of
Victor
in of
scooping
upMaria
money
from
the
explosion
forming
the
basis
anger,
of
the
criminal
called
charge;
Judge
and
and
the
doctor?
crime
or
crimes
did
the
two
commit?
of
Section
3crime
that
to of
child
abuse
Maria
committed
the
crime
slander
or
the
Revised
Penal
Code
for
employing
liable
for
the
ofrefers
simulation
of
birth,
occasion
of
a
calamity
such
as fire,
when
the
defense
of
Jason,
Manuel
and
Dave.
Harry
cash
box,
and
of
Ricky
and
Victor
in
dashing
Gadioma
"land
grabber",
"shameless",
and
2
The
existence
of
a
criminal
agency
as the
Explain.
committed
by
any
act,
deeds
or
words
which
slight
defamation
only
because
she
was
violence
against
or
intimidation
of
persons.
penalized
under
Article
347
ofuntil
Revised
theft
was
committed,
qualifies
the
crime
gave
the
liquor
to
drink
they were
to
thethem
street
and
announcing
escape,
are
"hypocrite."
cause
of
the
act
What
or
result
crime
wasthe
committed
by
debases,
degrades
or of
demeans
the
intrinsic
under
the
influence
anger.
When
Maria
The
threats
to
kill
employed
them
intakes
rule
is
settled
that
when
homicide
Penal
Code,
as
amended.
Theby
act
ofHarry
making
under
Article
310
of
the
Revised
Penal
Code,
drunk
and
fell
asleep.
This
gave
the
all
indicative
of
conspiracy.
Maria,
if
any?
Explain
briefly.
3
The
identity
of
the
offender
is
not
a
worth
and
dignity
of
a
child
as
a
human
called
Judge
Gadioma
a or
hypocrite
and
Theft;
Qualified
Theft
(2002)
forcibly
entering
the land
isonthe
of
place
as
ain
consequence
themeans
it
appear
the
birth
certificate
ofoccasion
a
as
amended.
opportunity
to
carry
his
plan
ofchild
murder
necessary
element
of out
corpus
delicti
being.
In
relation
thereto,
Section
10
committing
the
crime
and
therefore
absorbed
of
a
robbery,
all
those
that the
persons named therein are the
with
impunity.
provides
criminal
liability
for
other
acts
of
in
the of the child when
parents
child abuse, cruelty or exploitation, or for
other condi

71 of 86
72
73
74
75
76
77
landvehicular
who
The
A
felony,
tions
they
took
taking
grabber
are
prejudicial
unless
not
part
ofreally
she
the
in
accident
the
to
the
imputed
intimidation
the
money
the
robbery
child's
biological
occurred
tofrom
him
are
development.
resulted
guilty
the
parents
on
victims
as
inthe
of
a
principals
was
national
more
The
said
commission
reaction
aserious
child
mere
highway
ofof
the
of
felony.
constitutes
afterthought
crimes.
the
crime
in
victim,
Bulacan.
of robbery
screaming
the
of the
Among
with
crime
killings.
for the
of
homicide,
Hence,
first
help
simulation
upon
to Harry
arrive
unless
the
of birth.
occurrence
committed
at the
theaccused
scene
the
of the
of
separate
tried
the
touching
toaccident
crime
Slander
2}
C,
the
The
unwed
crime
mother
would
is
still
be
usurpation
liable
for
of
prevent
of
was
indicates
theft
A,(1996)
who
the
that
and
killing
found
she
notperceived
one
(People
the
of criminally
complex
the
vs.
her
Baello,
victims
dignity
crime
224
already
SCRA
was
of
Pia,
bold
actress
living
on
top
floor
ofBefore
a was
real
"child
trafficking",
under
Art.
a violation
312,
RPC,
of
even
Article
if
the
IV,
robbery
dead
being
218)
.arights
Further,
debased
and
with
the
the
homicide.
or
others
violated.
aggravating
unconscious.
Although
circumstance
theft
plush
condominium
in
Makati
City
said
Sec.
offenders
7
of
Rep.
killed
Act
the
No.
caretaker
7610.
The
because
law
of Crimes
committed
rescuers
craft
could
could
against
become,
assessed
dead
A,
taking
persons,
against
advantage
the
it
is still
of
Against
the
Civil
Status
sunbathed
naked
at
its
penthouse
every
the
punishes
killing
inter
is
the
alia
Violence
the
act
against
of
buying
persons"
and
accused
legally
helpless
possible
for pretending
condition
as theto
ofoffended
be
the
customers
victims,
partyof
took
are
of
Persons
ALTERNATIVE
Robbery
w/
Intimidation
vs.
Theft
In
burning
the
cottage
to(2002)
hideHowever,
his the
misdeed.
Sunday
morning.
She
was
unaware
that
the
which
selling
is
of
the
a ANSWER:
child.
means
for
committing
crime
Mang
the
their
estates
Pandoy.
wallets
of
the
and
victims.
jewelry.
the
The
couple
A
and
B,
the
unwed
mother
C,
A
entered
the
house
of
another
without
Harry
became
liable
for
another
separate
business
executives
holding
office
at
the
and
as
such,
determinative
only.
However,
police, who responded to the report of the
Bigamy
(1994)
and
the
doctor
being
all
involved
in
the
SUGGESTED
ANSWER:
employing
force
or
upon
things.
He
crime,
arson.
This
act
of burning
was
not
adjoining
tall
buildings
reported
office
this
gives
way
to
the
proviso
thatto
the
penalty
accident,
caught
A.violence
What
crime
or
crimes
A
committed
the
crime
ofwith
qualified
theft
Issa
simulation
and
Bobby,
of
birth
who
were
ofisand,
the
first
newborn
cousins,
child,
was
by
a therein
maid
who
wanted
to
necessary
for
the
consummation
ofscream
the
two
every
Sunday
morning
the
use
of
provided
for
"in
addition
to
the
did
Aseen
commit?
Why?
(5%)
because
he
took
the
wallets
and
jewelry
were
married
inAct
1975.
Indoing
1993,
Bobby
was
violate
Rep.
7610.
Their
acts
but previous
was
prevented
from
so
because
Aof
(2)
offenses
he
committed.
The
fact
powerful
binoculars,
kept
on
gazing
at
her
penalty
incurred
inNo.
the
acts
of
violence
the
victims
with
evident
intent
to
gain
and
told
constitute
that
his
child
marriage
trafficking
to
Issa
was
which
incestous
are
threatened
her
with
a
gun.
A
then
took
that
the
caretaker
died
from
the
blaze
did
while
sheorsunbathed.
(murder
homicide] Eventually,
executed byher
them. The
(People
vs.
Judge
Alfeche,
plus
the
on
the
occasion
of
a talk
accident
under
the
law
then
force
and
therefore
penalized
under
Article
IVvehicular
of
said
law.
money
and
other
valuables
and
left.
Is
A 1)
not
qualify
Harry's
crime
into
atown.
complex
sunbathing
became
the
of
the
crime
is
similar
to
ain
robbery
where
afine
killing
mentioned
therein.
SUGGESTED
ANSWER:
wherein
he
took
advantage
of
the
helpless
void
ab
initio.
He
married
Caring.
Crimes
Against
Honor
guilty
of
theft
or
of
robbery?
Explain.
(3%)
crime
arson
with
homicide
for
there
isrise
no
What
crime, if by
any,
did Piathereof,
commit?
Explain,
is
committed
reason
giving
A
is
liable
forthe
robbery
because
of
the
Charged
with
bigamy,
Bobby
raised
thecrime
SUGGESTED
ANSWER:
condition
of
victims.
But
only
one
Hence,
Harry
was
improperly
charged
with
Crimes
Against
Chastity
such
crime.
2)
What
crime,
if any, did
the business
only
todid
one
indivisible
1)
Pia
not
commit
aoffense
crime,
The
felony
intimidation
he
employed
on the
before
defense
that
his
first
marriage
is maid
void
ab
of
qualified
theft
was
committed
although
the
complex
crime
of
arson
with
quadruple
Libel
(2002)
executives
commit?
Explain.
closest
to
making
Pia
criminally
liable
the
taking
of
the
money
and
other
valuables.
initio
and
therefore,
there
is
no
previous
there
were
more
than
one
victim
divested
ofa
homicide
and
robbery.
Harry
should
have
A.
was nominated
Secretary
Acts ofALasciviousness
vs. Unjust Vexation
(1994) isof
Grave
Scandal,
but
then
such
act
is
not
to
be
It
is
the
intimidation
of
person
relative
to
marriage
to
speak
of.
Will
you
sustain
their
valuables,
because
all
the
taking
of
the
been
charged
with
three
(3)
separate
Department
in the Executive
Branch
of the
When
is embracing,
kissing and
touching
a
SUGGESTED
ANSWER:
considered
asconsidered
highly
scandalous
and
taking
that
qualifies
the
as
robbery,
Bobby's
defense?
valuables
were
made
oncrime
oneunjust
and
the
same
crimes,
murder,
theft
and
arson.
government.
His
nomination
was
thereafter
girl's
breast
only
vexation
No.
I Qualified
will
not
sustain
Bobby's
defense,
Bobby
Theft;
Theft
(2006)
Robbery;
Rape
(1997)
offensive
against
and
good
customs.
instead
of
simply
theft.
The
non-employment
occasion,
thus
constituting
a continued
submitted
toof decency
the
Commission
instead
ofRanger
acts
lasciviousness?
remarried
in
1993,
or
after
the
Family
Codeon
1.
Forest
Jay
Velasco
was
patrolling
In
the
first
place,
it
was
not
done
in
a
public
After
raping
the
complainant
in
her
house,
of
force
upon
things
is
of
no
moment
crime.
SUGGESTED
ANSWER:
Appointments
for confirmation.
While the
took
effect
onembracing,
August
3,
1988,
and
therefore
the
Watershed
and
Reservoir
place
androbbery
within
public
knowledge
or
view.
the
accused
struck
a
match
to
smoke
because
is
committed
not
only
by a
The Balara
acts
of
kissing
of
awhen
woman
Commission
was
considering
the
nomination,
his
capacity
to
marry
in
1993
shall
beby
he
noticed
aof
big
pile
of
cut
logs
outside
the
As
a
matter
fact
it
was
discovered
the
cigarette
before
departing
from
the
scene.
employing
force
upon
things
but
also
by
arising
either
out
of
passion
or
other
motive
a group of
concerned
citizens
caused
to be
governed
by
said
Code.
Inmatch
Art.
40
of
the
gate
of the
watershed.
Curious,
he
scouted
executives
accidentally
and
they
have
to
use
The
brief
light
from
the
allowed
him
employing
violence
against
or
intimidation
of
and
the
touching
of
her
breast
as
a
mere
published
in
the
newspapers
a
full-page
Robbery
w/
Rape
(1999)
Family
Code,
it
is amandated
that
the
absolute
around
and
after
few
minutes,
he
saw
binoculars
to
have
public
and
full
view
of
Pia
to
notice
a
watch
in
her
wrist.
He
demanded
persons.
incident
of
the
embrace
without
lewd
design
statement
objecting
to B,
A'sconspired
appointment
They
2)
The
business
executives
did
not When
commit
Two
young
men,
Anude.
and
to
rob
a
nullity
of
aDante
previous
marriage
invoked
Rene
and
coming
ofmaybe
the
gate
with
sunbathing
in
the
that
she
hand
over
theout
watch.
she
constitutes
merely
unjust
vexation
(People
alleged
that
A
was
a
drug
dependent,
that
he
any
crime.
Their
acts
could
not
be
acts
of
residential
house
of
things
of
value.
They
for
purposes
of
remarriage
on
the
basis
some
more
newly-cut
logs.
He
apprehended
refused,
he forcibly
grabbed
it September
from
her.
The
us,
Ignacio.
CAmistresses,
GRNo.
5119-R,
30,
had
several
and
that
he
was
lasciviousness
[as
there
was
no
overt
lustfulof
succeeded
in them
the
commission
of the
their
solely
of awas
final
judgment
declaring
such
and
charged
withwith
the
proper
offense.
accused
charged
and
convicted
1950).
However,
where
kissing,
corrupt,
having
accepted
bribes
or
favors
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
act),
or
slander,
as
the
eventual
talk
of
the
original
plan
to
simply
rob.
A,
however,
was
previous
marriage
void.
In
short,
there
is of
a
What
is
that
offense?
Explain.
the
special
complex
crime
of
robbery
with
embracing
and
the
touching
of
the breast
The
offense
is
Qualified
Theft
under
Sec.
68
from
parties
transacting
business
in
his
No.
the
court
erred
in
convicting
the
town,
resulting
from
her
sunbathing,
is
not
sexually
aroused
when
he
saw
the
lady
need
of
a
judicial
declaration
of
such
rape.
the
court
correct?
a
woman
are
done
with
lewd
design,
the
of
P.D.Was
705,
amending
P
.D.
No. he
330,
which
previous
office,
and
therefore
was
unfit
accused
of
the
special
complex
crime
of
directly
imputed
to
the
business
executives,
owner
of
the
house
and
so,
raped
her.
nullity
before
Bobby
may
validly
remarry
same
constitute
acts
of
lasciviousness
Bigamy
(1996)
penalizes
any
person
who
directly
or
for
the
position
to
which
he
had
been
The
lady
victim
testified
that
B
did
not
in
robbery
with
rape.
The
accused
should
Adultery
(2002)
and
besides
such
topic
is
not
intended
to
(Dorothy
Terre
vs. Jordan
Terre,
211
SCRA 6).
(People
vs.
Percival
Gilo,
10
SCRA
753).
Joselito
married
Ramona
in
July,
1995,
onlythe
to
indirectly
cuts,
or
nominated.
Slander
by
Deed
As
vs.
aMaltreatment
result
of
the
(1994
publication,
)removes,
anya way
participate
in
the
rape
but
Bseparate
instead
be
held
liable
for
two
(2)
A,
defame
married
or
put
woman,
Pia
togathers,
ridicule.
had
sexual
intercourse
learn
later
on
that
Ramona
was
previously
smuggles
timber,
or
other
forest
products
nomination
was
not
confirmed
by
the
Distinguish
slander
by
deed
from
watched
the
happening
from
a husband.
window
crimes
of
robbery
rape,
sinceand
the
with
a man
who
was and
not
her
The
SUGGESTED
ANSWER:
married
to
David,
from
whom
Ramona
had
SUGGESTED
ANSWER:
from
any
of
the
public
forest.
The
Balara
Commission
on
Appointments.
Theand
official
maltreatment.
did
nothing
tothe
stop
the
Is
Bthe
as
primary
intent
or
objective
of
accused
Iman
will
acquit
concerned
citizens
the
did
not
know
sherape.
was
married.
What
SLANDER
BY
DEED
is
acomplainant,
crime
committed
been
separated
for
more
than
ten
years.
Watershed
is concerned
protected
by
thethem
cited
laws.
sued
the
citizens
and
the
criminally
liable
as the
A
for
robbery
with
rape?
was only
rape
and
his
newspapers
involved,
from
the
crime
of
crime,
if to
any,
did
each
of
commit?
2.
During
the
preliminary
investigation
and
when
a
person
publicly
subjects
another
to
Believing
SUGGESTED
that
ANSWER:
his
marriage
to
Ramona
was
newspapers
for
libel
and
damages
on
SUGGESTED
ANSWER:
Explain.
(4%)
commission
of the
robberythey
was made
merelythe
an
libel,
because
obviously
Why?
(2%)
Yes,
B is
as
criminally
liable
astoAcast
for
the
up
to
the
trial
proper,
Rene
and
Dante
an
act
intended
or
calculated
absolute
nullity,
Joselito
contracted
a
A,
the
married
woman,
committed
the
crime
account
of
his
non-confirmation.
How
will
afterthought.
The
robbery
must
precede
the
denunciation out of a moral or social duty
composite
crime
of
robbery
with
rape
under
contended
that
ifArticle
they
were
to
held
dishonor,
discredit
or
contempt
the
subsequent
marriage
with
Anabelle.
Can
of
under
333
ofupon
the
Revised
you
decide
the
case?
(3%)
rape.
In there
order
to
give
rise
to
thebe
special
andadultery
thus
is
absence
of
malice.
SUGGESTED
ANSWER:
Art.
294
(1).
Although
the
conspiracy
of
A
liable,
their
liability
should
be
limited
only
Theft
(1998)
latter.
Absent
the
intent
to
cast
dishonor,
Joselito
be
prosecuted
for
bigamy?
Explain.
Penal
Code,
ascandidate
amended,
foracourt
having
sexual
Since
A
was
a
for
very
important
complex
crime
for
which
the
convicted
Yes,
Joselito
can
be
prosecuted
for
bigamy
and
B
was
only
to
rob,
B
was
present
when
to
the
newly-cut
logs
found
in
their
discredit,
contempt,
or
insult
to
the
offended
Mario
found
a
watch
in
a
jeep
he
was
intercourse
with
man not her
husband
public
position
of aamarriage
Department
Secretary,
his
the
accused.
for
his
subsequent
with
Anabelle
the
rape
was
being
committed
which
gave
possession
but
not
to
those
found
outside
party,
the
crime
is
only
MALTREATMENT
riding,
and
since
it
did
not
belong
to
him,
he
while
her
marriage
is
still
subsisting.
But
the
moral,
mental
and
physical
fitness
for
the
even
though
hispar.
marriage
with
Ramona
was
SUGGESTED
rise
to
a composite
crime,
a single
indivisible
the
gate.
IfANSWER:
you
were
what
will
be
under
Art,
266.
3,the
where,
by
deed,
approached
policeman
P judge,
and
delivered
the
man
who
had
carnal
knowledge
of
her,
not
public
trust
in
such
position
becomes
aan
public
The
contention
is
untenable,
the
presence
of
an
absolute
nullity.
offense
of
robbery
with
rape.
B
would
not
your
ruling?
(2.5%)
offender
ill-treats
another
without
causing
watch
with
instruction
to
return
the
same
to
knowing
her
to
be
married,
shall
not
be
concern
as
the
interest
of
the
public
is
at
Despite
the
nullity
of
the
first
marriage,
the
newly
cut
logs
outside
the
gate
is
Slander
vs. Criminal
(2004)
Concubinage
(1994)
have
been
liable
had
heto
endeavored
tothat the
injury.
whoever
may
beConversation
found
be
the
owner.
liable
for
adultery.
stake.
It
is
pursuant
to
such
concern
Joselito
should
have
filed
a
case
of
circumstantial
evidence,
which,
if
Distinguish
but
briefly
between
oral
P
failed
to clearly
return
the
watch
toanother
thebereft
owner
Abe,
married
towas
Liza,
contracted
prevent
the
commission
of the
rape.
But
denunciation
made;
hence,
of
dissolution
of
such
marriage
under
Art.
unrebutted,
establishes
that
they
are40,
the
defamation
and
criminal
conversation.
and,
instead,
sold
it
and
appropriated
for
marriage
with
Connie
in
Singapore.
since
he
did
not
when
he
could
have
done
so,
B. If defamatory imputations are made not
malice.
Family
Code,
before
contracting
a second
SUGGESTED
ANSWER:
offenders
who
gathered
the sale.
same.
himself
the
proceeds
of with
the
Thereafter,
and
Connie
returned
he
in
effect
acquiesced
the rape to
as the
a
by
publication
inknown
the
newspapers
Theft;
Stages
ofAbe
Execution
(1998)
Oral
defamation,
as SLANDER,but
is aby
marriage
with
Anabelle.
Robbery
w/
Rape;
Conspiracy
(2004)
Philippines
and
lived
as
husband
and
wife
in
component
of
the
robbery
and
so
he
is
also
broadcast
over
the
radio,
do
they
constitute
Bigamy
In
the(2004)
jewelry
section
of
a act,
big omission,
department
malicious
imputation
ofreasoned
any
Together
XA,
YB
and
ZC
planned
to
rob
Miss
Charged
with
theft,
P
out
that
he
SUGGESTED
ANSWER:
the
hometown
of
Abe
in
Calamba,
Laguna.
1)
liable
for
robbery
with
rape.
libel?
Why?
(2%)
CBP
is
legally
married
OEM.
Without
store,
Julia
snatched
ato
couple
ofwas
condition
or
circumstance
against
abracelets
person,
OD.
They
entered
her
house
by
breaking
one
cannot
Yes,
because
be
found
libel
guilty
may
because
be
committed
it
not
by
he
Can
Abe
be
prosecuted
for
bigamy?
2)
If
not,
ALTERNATIVE
ANSWER:
obtaining
aANSWER:
marriage
CBP
and
put
these
inArticle
herlicense,
purse.
Atthe
the
store's
done
orally
in
public,
tending
to
cause
of the
windows
in
her
house.
After
taking
SUGGESTED
who
found
the
watch
and,
moreover,
radio
broadcast
355
of
Revised
can
he
be
prosecuted
for
any
crime?
2.
The
argument
raised
by
A,other
Bby
and
CIs
is the
not
contracted
a
second
marriage
to
RST.
exit,
however,
she
was
arrested
the
guard
dishonor,
discredit,
contempt,
1)
Abe
may
not
be
prosecuted
bigamy
herNo,
personal
properties
and
asproperty.
theyfor
were
watch
Penal
turned
Code
punishes
out
to
be
stolen
libel
committed
Is
P's
by
correct
because
their
liability
is
not
only
for
SUGGESTED
ANSWER:
CBP
liable
for
bigamy?
briefly.
(5%)
after
being
radioed
byReason
the
store
personnel
embarassment
or
ridicule
to
the
latter.
This
SUGGESTED
ANSWER:
...
about
to
leave,
XA
decided
on
impulse
to
defense
valid?
[5%]
means,
among
others,
of
radio
broadcast,
Whether
CBP
could
be
held
liable
for
Robbery
but
for
the
special
complex
crime
of
No,
who
P's
caught
defense
the
is
act
not
inwith
valid.
themade
store's
Inher,
a by
charge
moving
for
is
aYes,
crime
against
honor
penalized
in
Art.
2)
Abe,
together
Connie,
may
rape
OD.
As
XA
was
molesting
YB
and be
inasmuch
as
the
broadcast
radio
is
bigamy
or
not,
depends
on
whether
the
Robbery
with
homicide.
But
the
facts
stated
SUGGESTED
ANSWER:
theft,
camera.
isoutside
enough
Is
that
crime
the
personal
consummated,
property
358
ofitand
the
Revised
Penal
Code.
prosecuted
for the
concubinage
under
Art.
334
ZC stood
the
door
of
her
bedroom
public
may
be
defamatory.
The
crime
is
consummated
theft
because
second
marriage
is
invalid
or
valid
even
impresses
that
separate
crimes
of
Robbery
CRIMINAL
CONVERSATION.
The
term
is the
subject
frustrated,
thereof
or
attempted?
belongs
to[5%]
another
and
not
to
of
the
Revised
Penal
Code
for
having
Libel
(2003)
and
did
nothing
to
prevent
XA
from
raping
taking
of
the(P).
bracelets
was
complete
without
a marriage
license.
Although
asisafter
a the
"and"
were
charged,
which
not
used
inHomicide
making
aor
polite
reference
to
sexual
the
offender
It
isworkshop
irrelevant
whether
cohabited
as husband
and
wife.
But
During
a crime
seminar
attended
by
OD.
What
crimes
did
XA,
YB
and
ZC
Julia
succeeded
in of
putting
them was
in her
purse.
general
rule,
marriages
solemnized
without
correct.
What
was
committed
a of
single
intercourse
as
in
person
deprived
the
possession
the
concubinage
being
private
crime
requires
government
employees
from
theliability
Bureau
of
commit,
andnull
what
isavoid
the
criminal
of
Julia
acquired
complete
control
of
the
license
are
and
ob
initio,
there
are
indivisible
offense
of
Robbery
with
homicide,
watch
hasand
or
has
no right
to thethe
watch.
Theft
the
sworn
complaint
of Liza,
offended
Customs
the
Bureau
each?
Explain
briefly.
(5%)
bracelets
after
putting
them
in her purse;
marriages
exempted
from
license
not
twoin
crimes.
is
spouse
accordance
requirement under Chapter 2, Title 1 of the

78 of 86
Entrapment vs. Instigation (1995)
Distinguished entrapment from
SUGGESTED
ANSWER:
Instigation.
In INSTIGATION, the instigator practically
induces the prospective accused into
commission of the offense and himself
becomes co-principal. In ENTRAPMENT,
ways and means are resorted to for the
purpose of trapping and capturing the
lawbreaker while executing his criminal
Instigation (1995) Suspecting that Juan was
plan.
a drug pusher, SPO2 Mercado, leader of the
Narcom team, gave Juan a Pl00-bill and
asked him to buy some marijuana cigarettes.
Desirous of pleasing SPO2 Mercado, Juan
went inside the shopping mall while the
officer waited at the corner of the mall. After
fifteen minutes, Juan returned with ten
sticks of marijuana cigarettes which he gave
to SPO2 Mercado who thereupon placed
Juan under arrest and charged him with
violation of The Dangerous Drugs Law by
selling marijuana cigarettes. Is Juan guilty of
SUGGESTED ANSWER:
any
Juanoffense
cannot punishable
be chargedunder
of anyThe
offense
Dangerous
Act?Dangerous
Discuss fully.
punishable Drugs
under The
Drugs Act.
Although Juan is a suspected drug pusher,
he cannot be charged on the basis of a mere
suspicion. By providing the money with
which to buy marijuana cigarettes, SPO2
Mercado practically induced and prodded
Juan to commit the offense of illegal
possession of marijuana. Set against the
Entrapment
vs. Instigation
facts instigation
is a (2003)
valid defense available
Distinguish
fully
between entrapment and
to Juan.
instigation in Criminal Law, Exemplify each.
SUGGESTED
ANSWER:
4%
In ENTRAPMENT 1
the criminal design originates
from and is already in the mind of the
lawbreaker even before entrapment;
2
the law enforcers resort to ways
and means for the purpose of capturing
the lawbreaker in flagrante delicto- and
3
this circumstance is no bar to
prosecution and conviction of the
lawbreaker.
In INSTIGATION1
the idea and design to bring about
the commission of the crime originated
and developed in the mind of the law
enforcers;
2
the law enforcers induce, lure, or
incite a person who is not minded to
commit a crime and would not otherwise
commit it, into committing the crime; and
3
this circumstance absolves the
accused from criminal liability (People v.
Dante Marcos, 185 SCRA

79 of 86

Criminal Law Bar Examination Q & A (1994-2006)

Example of Entrapment:
A, an anti-narcotic agent of the Government
acted as a poseur buyer of shabu and
negotiated with B, a suspected drug pusher
who is unaware that A is a police officer. A
then issued marked money to B who handed
a sachet of shabu to B. Thereupon, A
signaled his anti-narcotic team to close-in
and arrest B. This is a case of entrapment
because the criminal mind is in B already
Example
of Instigation:
when A transacted
with him.
Because the members of an anti-narcotic
team are already known to drug pushers. A,
the team leader, approached and persuaded
B to act as a buyer of shabu and transact
with C, the suspected drug pusher. For the
C.
After CA handed
the sachet
of shabu
to B
purpose,
gave B marked
money
to be used
and
the
latter
handed
the
marked
money
to
in buying shabu from
C, the team closed-in and placed B and C
under arrest. Under the facts, B is not
criminally liable for his participation in the
transaction because he was acting only
under instigation by the law enforcers.

Highways and in the discharge of his

official administrative functions, did then
and there willfully and unlawfully work for
and facilitate the approval of B's claim for
the payment of the price of his land which
the government had expropriated, and
after the claim was approved, the accused
gave B only P1,000.00 of the approved
claim of P5,000 and willfully and
unlawfully appropriated for himself the
balance of P4,000, thus causing undue
A injury
has to
filed
to quash the
B anda themotion
Government."
information, contending that it does not
charge an offense. Is he correct?
SUGGESTED ANSWER:

Yes, the contention of A is correct. The

information failed to allege that the undue
injury to B and the government was caused
by the accused's manifest partiality, evident
bad faith, or gross Inexcusable negligence,
which are necessary elements of the offense
charged, ie., violation of Section 3(e) of the
Anti-Graft and Corrupt Practices Act. The
accused is employed in the Office of the
Special Penal Laws
District Engineer of the DPWH which has
nothing to do with the determination and
Anti-Carnapping Act; Carnapping w/ Homicide (1998)
fixing of the price of the land expropriated,
Samuel, a tricycle driver, plied his usual
and for which expropriated land the
route using a Honda motorcycle with a
Government is legally obligated to pay. There
sidecar. One evening, Raul rode on the
is no allegation in the information that the
sidecar, poked a knife at Samuel and
land was overpriced or that the payment of
instructed him to go near the bridge. Upon
the amount was disadvantageous to the
reaching the bridge, Raul alighted from the
Government. It appears that the charge was
motorcycle and suddenly stabbed Samuel
solely based on the accused having followed
several times until he was dead. Raul fled
SUGGESTED ANSWER:
up the payment for B's land which the
from the scene taking the motorcycle with
Raul committed the composite crime of
Government has already appropriated, and
him. What crime or crimes did Raul commit?
Carnapping with homicide under Sec. 14 of
that the accused
ALTERNATIVE
ANSWERS: eventually withheld for
|5%]
Rep. Act No. 6539, as amended, considering
himself
the price
of the
said land,
the
1.
Yes, Afrom
is correct
in filing
a motion
to
that the killing "in the course or "on the
amounttheofinformation
P4,000 for
his Section
services.
quash
because
3(e)No
occasion of a carnapping (People vs. De la
violation
of Section
of the
Anti-Graft
and
of
Republic
Act 30193(e)
applies
only
to officers
Cruz, et al. 183 SCRA 763) . A motorcycle is
Corrupt
Act appears.
At most,
the accused
and
employees
of government
corporations
included in the definition of a "motor
should bewith
merely
charged
administratively
charged
the grant
of licenses
or permits
vehicle" in said Rep. Act, also known as the
or other concessions, and not to DPWH,
'Anti-Carnapping Act of 1972'. There is no
2.
A isisnot
In the case
of Meforda
which
notcorrect.
a government
corporation.
apparent motive for the killing of the tricycle
vs. Sandiganbayan. 151 SCRA 399, which
driver but for Raul to be able to take the
involves a substantially identical information
ALTERNATIVE ANSWER:
motorcycle.
The
fact
that
the
tricycle
driver
as the Information quoted in the question,
The crime committed by Raul is carnapping,
was
killed
brings
about
the
penalty
of
the Supreme Court held that the Information
punished by Section 14 of Rep. Act No. 6539.
reclusion
to death.
was valid. While it is true that the
The killingperpetua
of Samuel
is not a separate crime
information quoted In the question, failed to
but only an aggravating circumstance.
allege evident bad faith, gross inexcusable
negligence or manifest partiality, said
Anti-Graft & Corrupt Practices - RA 3019 (1997)
Information Is nevertheless adequate
A is charged with the crime defined in
because it averred the three (3) elements for
Section 3(e) of the Anti-Graft and Corrupt
the violation of Section 3(c) of RA. 3012
Practices Act in an Information that reads:
That from 01 to 30 January 1995, in the City ofwhen it stated (1) that the accused is a public
officer at
the
time of the commission of the
and within the jurisdiction of this Honorable
Pasig
154.
[1990]).
the accused, being then employed in the Office ofcrime, being employed in the Office of the
Court,
District
Engineer, Department of Public Works
the
District Engineer, DPWH; (2) that the
and
accused caused undue Injury to B and the
Government, with the statement that BT the
owner of the land, received only P1,000.00
instead of the full value of P5,000.00; and (3)

Criminal Law Bar Examination Q & A (1994-2006)

of Section
that
Manila
penalty
in the
is
for
a33
discharge
the
member
ofviolation
P.D. of
704
ofthe
A's
of
which
14K
said
official
Gang
makes
law isselling
it
administrative
shabu
reclusion
unlawful
and
for
perpetua
marijuana.
any
functions,
person
to death.
SPOl
tohe
knowingly
Lorenzo
"did
(Sec.then
20-A,
and
and
thereNo.
SPO3
R.A.
possess,
willfully
Peralta
6425,
deal in,
were
and
asor
amended).
unlawfully
instructed
sell for profit
work
to conduct
any
forfish
and
Dangerous
Drugs
Act;buy-bust
Consummation
of Sale
(1996)
facilitate
surveillance
which
have
thebeen
and
approval
illegally
of his
caught.
operations
claim
During
xxx
against
andthe
Pat.
Buensuceso,
posing
as a buyer,
"willfully
Lay.
trial,
Their
the three
and
informant
unlawfully
vendors
contacted
claimed
appropriate
Lay
thatand
they
fora
2:00
in the
afternoon
1993.
approached
Ronnie,
aaon
suspected
drug
himself
meeting
bought
the
the
was
fish
balance
arranged
fromof
P4,000.00
fishing
atFebruary
T. Pinpin
boat
x14,
xwhich
x".
An
SPO1
Lorenzo
and
SPO3
Peralta,
acting
as
pusher,
and
offered
to
buy
P300
worth
information
Restaurant
they
duly identified.
at
need notThe
employ
prosecution
or use theofvery
poseur-buyers,
purchased
from
Lay
10
sticks
shabu.
Ronnie
then
left,
came
back
five
words or claimed
however
language
that
of the
the statute.
three vendors
It may also
Anti-Hazing
law
RA
8049
(2002)
of
paid
P500.
Later,
Laythe
minutes
later
and
handed
Pat,
Buensuceso
usemarijuana
should
words
nevertheless
orand
language
be
of
held
similar
liable
import.
for
agreed
sell
towere
them
one
kilo
oflaw?
dried
What
isto
hazing
as
defined
by
an
aluminum
foil
containing
the
shabu.
offense
as
they
the
ones
caught
in
SUGGESTED
ANSWER:
marijuanabefore
fruiting
tops
which he
gave
them
(2%)
However,
Buensuceso
was able
possession
of thePat,
fish
illegally
caught.
On
Hazing,
asthe
defined
by law,
is an
initiationthe
rite
SUGGESTED
ANSWER:
at his
residence.
to
deliver
marked
money
toyou
Ronnie,
the
basis
of
the
above
facts,
if
were
No,
Ipolicemen
wouldas
not
convict
the
three
fish
or
practice
a
prerequisite
for
admission
The
arrested
Lay
and
a
search
latter spotted
a policeman
at three
a distance,
judge,
would
you
convict
the
fish
vendors
if I were
the
judge.
Mere
possession
into
membership
in a
was
conducted.
Found
were
356sorority
grams
ofor
whom
Ronnie
knew
tofraternity,
be
connected
with
the
vendors?
Explain.
of
such fishseeds,
without
knowledge
of the
fact
organization
by
placing
the
recruit,
neophyte
marijuana
932
grams
of
marijuana
Narcotics Command of the Police. Upon
that
the tops
same
were
caught
with
theor
use of
or
applicant
in
some
embarrassing
fruiting
and
50
sticks
of
marijuana
seeing
the latter,
Ronnie
ran
away
but was
explosives
does
not
by
itself
render
the
humiliating
situations
such
as
forcing
him
to
cigarettes.
What
offenselater
or offenses
Lay
arrested
thirty
minutes
by otherdid
SUGGESTED
ANSWER:
seller-possessor
criminally
liable
under
P
.D.
do
menial,
silly,
foolish
and
similar
tasks
or
commit? [5%]
policemen
who the
pursued
him.ofUnder
the
Lay
committed
offenses
illegal
selling
SUGGESTED
ANSWER:
704.
Although
the act
penalized
inhim
said
activities
or
otherwise
subjecting
to
circumstances,
would
you
consider
the
Yes,
the
sale
of
prohibited
drug
is
already
of
dangerous
drugs
and
illegal
possession
of
Decree
may
be a malum prohibitum,
the
law
physical
or
psychological
suffering
or
injury.
crime of
sale
ofalthough
alaw
prohibited
drug
already
consummated
the
marked
money
dangerous
drugs
which
should
be
made
What
does
the
require
before
punishes the possession, dealing in or selling
consummated?
Explain.
was
not fish
yet
delivered.
When
Ronniedone
handed
subject
of
separate
informations.
initiation
rites
may
be
performed?
(3%)
of such
only
when
"knowingly"
that
SUGGESTED
ANSWER:
The
crime
of
illegal
selling
of
dangerous
the
aluminum
foil
containing
the
shabu
to
the fish were caught with the use of
Section
of Rep.pursuant
Act
8049
(Anti-Hazing
drugs
is 2committed
asNo.
regards
the
10
sticks
Pat.
Buensuceso
to
their
explosives;
hence criminal
intent
isagreed
essential.
Law)
requires
that
before
hazing
orPayment
of
marijuana
and
as
regards
the
one
(1)only
kilo
sale,claim
the crime
was
The
by the
fishconsummated.
vendors that
they
initiation
rites
may
be
performed,
notice
to
of
dried
marijuana
fruiting
tops,
which
the consideration
not anboats
element
of they
bought
the fish from is
fishing
which
the
school
authorities
or
head
of
should
be
subject
of
two
(2)
separate
requisite
of the crime.
If ever,
marked of
"duly
identified",
renders
theirthe
possession
organizations
shall
be the
given
informations
because
acts
were(7) days
money
is only
evidentiary
to seven
strengthen
the
such
fish
innocent
unless
the
prosecution
Illegal
Possession
of Firearms
Intent
RArites.
8294
(1998)
Dangerous
Drugs
Act;
Criminal
to Posses
(2002)
before
the
conduct
of such
The
written
committed
at
different
times
and
in different
case
ofprove
the
prosecution.
could
that
they
have
knowledge
that
(3)and
days;
(b)
the
names
those
toin
be
The
crime
of
Illegal
possession
of
dangerous
Supposing
aindicate
public
teacher
A
his
fiancee
B school
were
walking
notice
shall
(a) of
the
period
ofthe
the
places.
explosives
were
used
catching
such
subjected
to
such
activities,
and
(c)
an fish,
drugs
is committed
asain
regards
marijuana
participated
in
a met
coup
d'etat
using
an
plaza
when
they
group
ofthe
policemen
initiation
activities,
not
exceeding
three
and
themarijuana
accused
had
knowledge
thereof.
undertaking
thatbeen
no
physical
violence
seeds,
fruiting
tops
and
unlicensed
firearm.
What
crime
or marijuana
crimes
who
had earlier
tipped
off
that
A shall
was
SUGGESTED
ANSWER:
be possession
employed
by
anybody
during
such
cigarettes
which
are not the
subject
of the
did
he commit?
in
of [2%]
prohibited
drugs.
Upon
CHILD
ABUSE;
RAinformation
7610teacher
(2004)
The
public
school
committed
only
initiation
sale.
Another
be that
filed
for
seeing
therites.
policemen
and shall
sensing
they
Mrs.
MNA
was
charged
of
child
abuse.
ItHis
coup
d'etat
for
his
participation
therein.
this. after him, A handed a sachet
were
appears
the(2006)
evidence
that
shetelling
failedin
to
use
of anfrom
unlicensed
firearm
is absorbed
Dangerous
Drugs
Act
containing
shabu
to
his
fiancee
B,
her
give
immediately
the
required
medical
the
coup
d'etat
under
the
new
firearms
law
After
receiving
reliable
information
that
to hide it in her handbag. The policemen
attention
to
adopted
child,
BPO,
when
(Rep.
No.
8294).
A prosecution
Dante
Ong,
aher
notorious
drug
smuggler,
washe
saw
BAct
placing
the
sachet
inside
herfor
was
accidentally
bumped
by
her
car,
illegal
possession
of
firearm
under
the
new
arriving
on
PAL
Flight
NO.
PR
181,
PNP
handbag. If B was unaware that A was a
SUGGESTED
ANSWER:
resulting
in
head
injuries
andformed
impaired
law
isuser
allowed
only
ifor
the
unlicensed
firearm
Chief
Inspector
Samuel
Gamboa
a
drug
orhis
pusher
that
what
was
inside
No,
B
will
not
bethe
criminally
liable
because
vision
that
could
lead
towas
night
blindness.
The
was
not
used
in
commission
of
another
group
of anti-drug
agents.
When
Ong
arrived
the
sachet
given
to
her
shabu,
is
she
Illegal
Possession
of
Firearms
&
Ammunitions
(2000)
she
is
unaware
that
A
was
a
drug
user
or
accused,
according
to
the
social
worker
on
crime.
at the airport,
the group
arrested
him and
nonetheless
liable
underby
thethe
Dangerous
A
has
long
been
police
pusher
orused
of
the
content
of when
sachet
the
case,
towanted
whip
he failed to
seized
his
attache
case.him
Upon
inspection
Drugs
Act?
(5%)
authorities
for
various
crimes
committed
handed
to Immigration
her
A, from
and
therefore
thethe
come home
on by
time
school.
Also,
to by
inside
the
holding
area,
him.
Acting
on
an
information
by
a
tipster,
criminal
intent
to
possess
the
drug
in
punish him
carelessness
inbags
washing
attache
casefor
yielded
5 plastic
of heroin
She
moved
to
quash
the
charge
theis
the
police
proceeded
to
an
apartment
where
violation
of
thegrams.
Dangerous
Drugs
dishes,
she
sometimes
sent
him on
toAct
bed
weighing
500
Chief
Inspector
ground
that
there
is
no
evidence
she
A
was
often
seen.
The
tipster
also
warned
absent.
There
would
be
no
basis
to
impute
without supper.
Gamboa
took the attache case and boarded
maltreated
herthat
adopted
child
She
the
policemen
was
always
At
criminal
liability
to A
her
in
the habitually.
absence
him
in
an
unmarked
car
driven
byarmed.
PO3of
Pepito
Dangerous
Drugs
Plea-Bargaining
(2004)
added
that
theAct;
accident
was
caused
by her
the
given
address,
a
lady
who
introduced
animus
possidendi.
Lorbes.
On is
the way
to old,
Camp
Crame
and as
upon
MNO,
who
years
was
charged
a
driver's
negligence.
She did
punish
herthe
ward
herself
as
the30
elder
sister
of
A,
opened
nearing
White
Plains
corner
EDSA,
Chief
drug
pusher
under
the
Comprehensive
for
naughtiness
or
carelessness,
but
only
door
and let
the policemen
in
inside,
theto
Inspector
Gamboa
ordered
PO3
Lorbes
SUGGESTED
ANSWER:
Dangerous
Drugs
Act
of
2002.
During
premildly.
Is her
motion
meritorious?
Reason
team
found
A
sleeping
on
the
floor.
stop
the
car. They
brought
out meritorious.
the
drugs
No,
the
motion
to
quash
is
not
trial,
he
offered
to
plead
guilty
to
the
lesser
briefly.
(5%)
Immediately
him
was
a clutch
bag
from
theconcerning
casebeside
in the
trunk
and
got 3 plastic
It
is not
necessary
that
movant's
offense
use
of dangerous
drugs.
which,
when
opened,
contained
a
.38
caliber
sacks
heroin.
then
Ong to
toto
alight
maltreatment
of They
aallow
child
be told
"habitual"
Shouldof
the
Judge
MNO's
plea
the
paltik
revolver
and
a
hand
grenade.
After
from
the
car.
Ong
left
with
the
2
remaining
SUGGESTED
ANSWER:
constitute
child
abuse.
The
wrongful
acts
lesser offense?
Explain
briefly.
(5%)
verification,
the
authorities
discovered
that A
plastic
No,
thesacks
Judge
ofshould
heroin.
not
Chief
allow
Inspector
MNO's
penalized
as "Child
Abuse"
under
Rep. plea
Act
was
not
a
licensed
holder
of
the
.38
caliber
to
lesser
offense,
because
Gamboa
advised
him
tomaltreatment
keepplea-bargaining
silent and
go
No.a 7610
refers
to
the
of the
paltik
revolver.
As
for the
hand
grenade,
it
home
in
prosecutions
which
the
of
latter
drug-related
did.
Unknown
cases
to
is
them,
child, "whether habitual or not": this is no
was
established
that
only
military
personnel
longer
Act
No.
9165,
an
NBI allowed
team
of by
agents
following
SUGGESTED
ANSWER:
expressly
stated
inRep.
Sec.had
2(b)been
of the
said Law.
are
authorized
to carry hand
grenades.
them
and witnessed
transaction.
They
Mrs. MNA
should bethe
liable
for child abuse.
Subsequently,
was charged
withand
the PO3
crime
arrested Chief AInspector
Gamboa
of
Illegal
Possession
of
Firearms
and
Lorbes. Meanwhile, another NBI team
Ammunition.
trial, Aarrested
maintained
followed Ong During
and likewise
him.that
All
the
bag
containing
the
unlicensed
firearm
of them were later charged. What are their
and
hand grenade
to (5%)
A, his friend,
respective
criminalbelonged
liabilities?
and

80 of 86
81
82
83
Child Comprehensive
Abuse;
RAnot
7610Gamboa
that
Chief
the
he
Inspector
was
in(2006)
actual
Dangerous
and
possession
PO3
Drugs
Pepito
thereof
Act of
Eduardo
Quintos,
widower
forthe
the
past 10
Lorbes
2002,
who
conspired
ofaarrested.
the
inimposable
taking
penalty.
attache
at
the regardless
time
he
was
Are
the
years,are
felt
that
histhe
retirement
at
the age of
case
allegations
liable
meritorious?
for
following
Explain.
crimes
(3%)
SUGGESTED
ANSWER:
Highway
(2001)
70 gaveRobbery
him
the
opportunity
to engage
defined
under
RA.
9165: a) Sec.
27 for in his
A's
allegations
areor
not
meritorious.
Police
Sgt.
Diego
Chan,
being
aIfmember
of
favorite
pastime

voyeurism.
notfor
using
misappropriation
failure
to account
Ownership
is
not
an
essential
element
of
the
Theft
and
Robbery
Division
of
the
his confiscated
high-powered
binoculars
to peep
atthe
his
or seized
dangerous
drugs.
crime
possession
of
firearms
and
Western
Police
District
and
assigned
to the
neighbor's
and
activities,
his
b)
Sec.of4 illegal
inhomes
relation
to domestic
Sec.
3(ee)
for their
ammunition.
What
the
law
requires
is
merely
South
Harbor,
Manila,
was
privy
to
and
more
second
choice was to follow
sweet
acts
as protector/coddler
of Dante
Ong young
who
possession,
which
includes
not
only
actual
In
addition,
by
allowing
Ong
togirl
escape
or
less
familiar
thea schedules,
routes
girls.
One
day,
hewith
trailed
teenage
up to
imported
drugs
physical
possession
butEDSA-Buendia.
also constructive
prosecution
forthe
illegal
importation
or illegal
and
hours
of
movements
of container
the LRT
station
at
While
possession
where
the
firearm
and
explosive
transportation
of
dangerous
drugs,
where
vans,
as well
the
mobile
police
patrols,
ascending
theas
stairs,
he stayed
one
step
are
subject
to
one's
control
and
the
penalty
is
life
imprisonment
death,
from
pier
area
the different
export
behindtheher
and
in to
a moment
oftobravado,
management.
(People
us.
De
Grecia,
233bribery
SCRA
they
are
also
liable
for
qualified
processing
zones
Metro
Manila.
placed
his
hand
on outside
her
left
hip and
gently
PD
46 U.S.
& RA
6713
& Indirect
Bribery
(2006)
716;
vs.
Juan,
23
Phil.
105:
People
vs.
Soyag,
under
Art.
211-A
of
the
Revised
Penal
Code.
From
time
to
time,
he
gave
valuable
and
massaged
it.
She
screamed
and
shouted
for
Commissioner
Marian
Torres
of
the
of
ALTERNATIVE
ANSWER:
With
respect
to
Dante
Ong,
hematters
is Bureau
guilty
of
110
Phil.
565).
detailed
information
on
these
to
a
help.
Eduardo
was
arrested
and
charged
internal
Revenue
(BIR)
wrote
solicitation
The
crime
should
be
Other
Acts
of
Child
illegal
importation
ofthose
dangerous
drugsinunder
group
interested
shipments
said
with
acts Section
of in
Ispar.
the
letters
addressed
tolasciviousness.
the
Abuse 4,
under
10Filipino-Chinese
RA. 7610,
b
Sec.
R.A.
9165,
ifof PR
181 is
an
container
vans.
On
several
instances,
using
designation
of
the
crime
correct?
(5%)
Chamber
of Commerce
and181
Industry
and
to
of Section
3flight.
that Ifrefers
to ischild
abuse
international
PR
a
domestic
the
saidCEOs
information
as their
basis, the gang
certain
of
various
multinational
committed
by
any
act,violation
deeds
orof
words
which
flight,
he is
liable
for
Sec. of
5, RA.
hijacked
and
pilfered
the
contents
corporations
requesting
donations
ofintrinsic
giftsthe
for
debases,
degrades
or demeans
the
9165
for
illegal
transportation
of
dangerous
vans.
Prior
to
their
saleShe
toused
"fences"
in
her
office
Christmas
party.
the
Dangerous
Drugs
Act
(6425);
Marked
Money
(2000)
worth and dignity of a child as a human
drugs.
Banawe,
Quezon
City
and
Bangkal,
Makati
Bureau's
stationery.
The response
was
At
aboutIn
9official
o'clock
in the
morning,
a Narcom
being.
relation
thereto,
Section
10
City,
the
gang
Informs
Sgt,
Chan
who
then
prompt
and
so
much
soacts
that
Group
laid
aoverwhelming
plan
to
entrap
and
apprehend
provides
criminal
liability
for
other
of
inspects
the
pilfered
goods,
his
Commissioner
Torres'
office
was makes
A,
a long
suspected
drug
dealer,
through
a
child
abuse,
cruelty
or
exploitation,
or for
choice
of the
valuable
items
and
disposes
of
overcrowded
with
riceAt
cookers,
"buy-bust"
operation.
the appointed
time,
other conditions
prejudicial
toradio
the sets,
child's
them
through
hisstoves
own
sources
orwho
"fences".
B.
A poseur-buyer
marked
P100
bill
was
over
to A
freezers,
electric
andhanded
toasters.
Her
the
approached
was
development.
The
reaction
of Athe
victim,
When
the
highjackers
were
traced
on one
P
.D.
532,
otherwise
known
as
the
Anti-Piracy
who
in
turn,
the
poseur-buyer
one
(1)
staff
also
received
envelopes
then
with
screaming
forgave
helpseveral
upon
the
occurrence
of
Dangerous
occasion
Drug
and
Act: money
Plea-Bargaining
arrested,
upon
(2005)
custodial
and
Anti-Highway
Robbery
Act
ofmembers
1972.
Is of
tea
bag
of
marijuana
leaves.
The
containing
cash
for
the
employees'
the
touching
indicates
that
she
perceived
SUGGESTED
investigation,
implicated
Chan
Obie
JuanANSWER:
isthey
suspected
to Sgt.
have
in and
his
the
contention
of
Sgt.
Chan
valid
and
team,
who
were
then
positioned
Christmas
luncheon.
Has
Commissioner
her
was
being
debased
or
violated.
Yes, dignity
Commissioner
Torres
violated
the behind
the
fiscal
charged
them
all,
including
Sgt.
possession
an
unspecified
amount
of
tenable?
Explain,
(5%)
thick
leaves,
closed
in
but
evidently
were
not
Torres committed any impropriety or
following:
Chan
SUGGESTED
as
ANSWER:
co-principals.
Sgt.
Chan,
in
his
methamphetamine
hydrochloride
or
shabu.
swift
enough
since
A of
and
wereand
able
to
irregularity?
What
laws
orBdecrees
did
sherun
1.
RA.
6713

Code
Conduct
Ethical
No,
theTwo
contention
of Sgt.
Chan
is not
defense,
claimed
that
hewas
should
notvalid
be
An
entrapment
operation
conducted
by
away.
days
later,
A
was
arrested
in
violate?
(5%)
Standards
for
Public
Officials
and
or
tenable
because
by
express
provision
of
charged
as
a
principal
but
only
as
an
police
officers,
resulting
in
his
arrest
connection
with
another
incident.
It
appears
2.
P.D.
46 Section
when
Making
it person
punishable
for
public
Employees
he
solicited
and
accept
P
.D.
532,
4,fact
a
who
knowingly
accessory
afterdiscovery
the
under
following
the
of 100
grams
of the
that
during
the
operations,
the
police
officials
and
employees
to
receive,
and
for
gifts
(Sec.
7[d]).
and
in
any
manner,
aids
or
protects
highway
said
dangerous
drug
in
his
possession.
He
officers
were not
able gifts
to seize
the marked
private
persons
to give,
ongiving
any
robbers/brigands,
such
as
them
was
subjected
to
a
drug
test
and
was
found
money
butincluding
were
able
to get
possession
3.
Indirect
Bribery
(Art.
211,
Revised of the
occasion,
Christmas.
information
about
theof
ofanother
police
positive
fortea
thereceiving
use
marijuana,
marijuana
bag.
Amovement
was offered
subsequently
Penal
Code)
for
gifts
by
officers
or
acquires
or
receives
property
dangerous
drug.
He
was
subsequently
prosecuted
for violation of Section 4, Article
reason
of office.
taken
by with
brigands,
or who
directly
or
charged
two
crimes:
Violation
of
II
of
Republic
Act No.
6425,
otherwise
SUGGESTED
ANSWER:
a)
Are
the
charges
proper?
indirectly
abets
the
commission
of
highway
Sectionas11,
Article
II of Drugs
RA 9165
for
the
known
the
Dangerous
Act,
During
SUGGESTED
Yes.
A canANSWER:
be held liable.
of the
Explain.
robbery/brigandage,
shallThe
be absence
considered
as
possession
of ofshabu
and
violation
of
the
trial,
the
marked
money
was
not
No. The
use
dangerous
drugs
isinnot
ALTERNATIVE
ANSWER:
marked
money
will
not
create
a
hiatus
the
accomplice
of
the
principal
offenders
and
Section
15,
Article
II
of
RA
9165
for
the
use
presented.
Can
A
be
held
liable?
Explain.
No,
the
contention
of
Sgt.
Chan
that
he
committed when
Obie Juan
was
also
found
prosecution's
evidence
as
long
asrules
the sale
of
punished
in accordance
with
the
in the
of
marijuana.
(2%)
should
be
only
as
accessory
after
to
have
in charged
his(5%)
possession
such
quantity
of
the
dangerous
drugs
is
adequately
proven
Revised Penal Code.
the
is notsubject
tenable
he16,
was
a
any
dangerous
drug.
(See
s. 11
and
RA.
and fact
the drug
of because
the
transaction
is
principal
participant
in
the
commission
of
No.
9165)
presented before the court. There was a
b)
So
as contract
not
sentenced
tocriminal
death,
the
crime
andtoinbe
perfected
of pursuing
sale
of thethe
drug
(People
An
accessory
after
the
fact
involves
himself
Obie
Juan
offers
to
plead
guilty
a
design.
vs. Ong Co, 245 SCRA 733; Peopletovs.
in
the
commission
of
a
crime
only
after
the
Dangerous
Drugs
Act
(6425);
Plea
Bargaining
(1998)
lesser
offense.
Can he
do so? Why?
Zervoulakos,
241
SCRA
625).
SUGGESTED
ANSWER:
crime
hadwas
already
been
consummated,
Edgardo
charged
with
importation not
of
No.
ObieFor
Juan
guilty to
a lower
before,
hiscannot
criminal
participation
inwith
the
prohibited
drugs
in anplead
information
filed
offense
asofitthe
is highjacking
prohibited
under
the
execution
of the container
the Regional
Trial
Court of Kalookan
Citylaw.
on
(Section
23,
RA.
No.
9165)
Any
person
vans,
is a isco-principal
by
June 4, Sgt.
1994. Chan
The offense
punishable
by
charged
anyto provision
of this
Act
indispensable
cooperation.
reclusion under
perpetua
death. Can
Edgardo
regardless
the(1996)
imposable
Illegal
- of
PD 704
SUGGESTED
ANSWER:
avail Fishing
of plea-bargaining?
[2%] penalty shall
not be
to avail
provision
on
No,
Edgardo
cannot
availofofthe
plea-bargaining
Upon
aallowed
laboratory
examination
of the fish
Dangerous
Drugs
Act
(1998) andpenalty
plea-bargaining.
because
the
imposable
his
seized
by
the
police
agents for
of the
Superintendent
Al Santiago,
Chief
the
violation ofCommission,
the Dangerous
Drugs
Actof(R.A.
Fisheries
it was
indubitably
Narcotics
Division,
Western
Police
District,
No.
6425.
as
amended)
is
reclusion
perpetua
determined that the fish they were selling
received
information
thatuse
a certain
Lee Lay
to
death.
Section
expressly
provides
were
caught
with 20-A
the
of explosives.
of-No.
8
Tindalo
Street,
Tondo,
that
plea-bargaining
shall
not
be
Accordingly, the three vendors allowed
were
where the charged
imposable
criminally
with the violation

Criminal Law Bar Examination Q & A (1994-2006)

PD 46 (1997)
A, who is the private complainant in a
murder case pending before a Regional Trial
Court Judge, gave a judge a Christmas gift,
consisting of big basket of assorted canned
goods and bottles of expensive wines, easily
worth P10.000.00. The judge accepted the
gift knowing it came from A. What crime or
SUGGESTED
ANSWER:
crimes, if any,
were committed?
The Judge committed the crime of Indirect
bribery under Art. 211 of the Revised Penal
Code. The gift was offered to the Judge by
reason of his office. In addition, the Judge
will be liable for the violation of P.D. 46
which punishes the receiving of gifts by
pubic officials and employees on occasions
Plunder
under RA 7080; Prescriptive Period (1993)
like Christmas.
Through kickbacks, percentages or
commissions and other fraudulent
schemes /conveyances and taking advantage
of his position, Andy, a former mayor of a
suburban town, acquired assets amounting
to P10 billion which is grossly
disproportionate to his lawful income. Due to
his influence and connections and despite
(20)
years from
hisauthorities
defeat in the
lastIll-gotten
knowledge
by the
of his
elections
he
participated
in.
1)
May
Andy
wealth, he was charged with the crime
of
still
be
held
criminally
liable?
Why?
2) Can
plunder only after twenty
the State still recover the properties and
assets that he illegally acquired, the bulk of
which is in the name of his wife and
SUGGESTED Reason
ANSWER: out.
children?
1) Andy will not be criminally liable because
Section 6 of RA 7080 provides that the
crime punishable under this Act shall
prescribe in twenty years and the problem
asked whether Andy can still be charged
with the crime of plunder after 20 years.
2) Yes, because Section 6 provides that
recovery of properties unlawfully acquired
by public officers from them or their
nominees or transferees shall not be barred
by prescription, laches or estoppel.
R.A. No. 9160 Anti-Money Laundering Act (2005)
Don Gabito, a philanthropist, offered to fund
several projects of the Mayor. He opened an
account in the Mayors name and regularly
deposited various amounts ranging from
P500,000.00 to P1 Million. From this
account, the Mayor withdrew and used the
money for constructing feeder roads,
barangay clinics, repairing schools and for
all other municipal projects. It was
subsequently discovered that Don Gabito
was actually a jueteng operator and the
amounts he deposited were proceeds from
SUGGESTED ANSWER:
his
jueteng
operations.
crime/s
were
Don Gabito
violated
the Anti-MoneyWhat
Laundering
Act (Sec.
4,
committed?
aretransacting
criminally
liable?
R.A.
No. 9160) forWho
knowingly
money
Explain. (6%)

84 of 86

as property which involves or relates to the proceeds of an

unlawful activity such as jueteng. In addition, he may be
prosecuted for liability as ajueteng operator. (R.A. No. 9287)

The mayor who allowed the opening of an

account in his name is likewise guilty for
violation of the AMLA. He, knowing that the
money instrument or property involves the
proceeds of an unlawful activity, performs
or fails to perform any act which results in
the facilitation of money laundering.
Ra 3019; Preventive Suspension (1999)
A public officer was accused before the
Sandiganbayan of a violation of Section 3 (e)
of RA No. 3019, the Anti-Graft and Corrupt
Practices Act. Just after arraignment and
even before evidence was presented, the
Sandiganbayan issued an order for his
suspension pendente lite. The accused
questioned the said Order contending that it
is violative of the constitutional provision
(c)
Whatanpre-conditions
to be
against
ex post facto are
law.necessary
Will you sustain
met
or
satisfied
before
preventive
the objection of the accused? Why? [2%]
suspension may be ordered? (2%)
SUGGESTED ANSWER:

(b) No, I will not sustain the objection of

the accused. Suspension of the accused
pendente lite is not violative of the
constitutional provision against ex-post
facto law. Ex-post facto law means making
(c)
The pre-conditions
be met or
an innocent
act a crimenecessary
before it to
is made
satisfied
before a suspension may be ordered
punishable.
are: (1) there must be proper notice
requiring the accused to show cause at a
specific date of hearing why he should not be
ordered suspended from office pursuant to
RA 3019, as amended; and (2) there must be
a
of a valid information
PDdetermination
46 (1994)
against the accused that warrants his
Gino was appointed Collector of Customs
suspension.
and was assigned at the Ninoy Aquino
International Airport, Gerry, an importer,
hosted a dinner for 100 persons at the
Westin Philippine Plaza in honor of Gino.
What are the offense or offenses committed
SUGGESTED
ANSWER:
by Gino and
Gerry?
Both Gino and Gerry are liable for violation
of Presidential Decree No. 46, which
punishes any public official or employee who
receives, directly or indirectly, and for
private persons who give, offer any gift,
present or valuable thing on any occasion,
including Christmas, when such gift or
valuable thing is given by reason of his
official position, regardless of whether or not
the same is for past favor or favors, or the
giver hopes or expects to receive a favor or
better treatment in the future. Being an
importer, Gerry reasonably expects future
favor from Gino. Included within the
prohibition is the throwing of parties or
entertainment in honor of the official or
employee or of his immediate relatives.

Criminal Law
Examination Q & A (1994-2006)
Criminal Law Bar Examination
Q & Bar
A (1994-2006)

cooperate
be
presumed
with
innocent.
one another
Underinthe
carrying
law, theout
accused
the
illegal
public
transaction,
officers scheme
shall be or
suspended
activity.
from office while the criminal prosecution is
RA
7610 Child
Exploitation
pending
in court
(Sec. (2006)
13, RA. 3019). Such
Aling
Maria
received isanmandatory
urgent telephone
preventive
suspension
to
call
from
Junior,
herfrom
eldest
son, asking
prevent
the
accused
hampering
the for
P2,000.00
to
complete
his
semestral
tuition
normal course of the investigation (Rios
vs.
fees
preparatory
to
his
final
exams
in
Sandiganbayan,279 SCRA 581 (1997); Bunye
Commerce.
Distressed
and
disturbed,
she
vs. Escareal 226 SCRA 332 (1993)). Neither
borrowed
money
fromKit's
herclaim
compadre
Mang
is there merit
in Brad
that the
Juan
with on
thesuspension
assurance pendente
to pay him
2
provision
litewithin
applies
months.
Two months
lapsed
butto
Aling
Maria
only to elective
officials
and not
appointed
failed
to him.
settle
her obligation.
Mang
Juan
ones like
It applies
to all public
officials
told
Aling
Maria
thatinformation
she does not
have
Indicted
upon
a valid
under
RA.to
pay
the loan
if shethey
willbe
allow
her youngest
No. 3019,
whether
appointive
or
10-year
old daughter
Annie to
as a
elective officials;
or permanent
or work
temporary
housemaid
in pertaining
his housetofor
2career
months
at
employees,
or
the
or
RA 3019;
Officer committed
(2003)
1.
Was Public
a crime
by Mang Juan
Pl,000.00
a
month.
Despite
Aling
Maria's
noncareer
service
(SegoviaSentral
vs.
The Central
Bank Annie
(Bangko
ngas maid
when
he brought
to his house
objection,
Mang288
Juan
insisted
and brought
Sandiganbayan,
SCRA
328
[1998]).
Pilipinas},
by a resolution
of theher
monetary
for
the purpose
of repaying
mother's
Annie
to his
house to work as a maid.
SUGGESTED
ANSWER:
board,(2.5%)
hires
Theof Sto Tomas, a retired
loan?
Yes.
Mang
committed
crime of
manager
of aJuan
leading
bank as athe
consultant.
exploitation
of
child
labor
which
Theof later receives a valuable gift from a is
committed
any persons
whoCentral
under the
bank under by
investigation
by the
pretext
of Theof
reimbursing
himselfunder
of a debt
Bank. May
be prosecuted
incurred
by No.
an 3019
ascendant,
guardian
or
Republic Act
(Anti-Graft
and
SUGGESTED
ANSWER: with the custody of a
person
entrusted
Corrupt Practices Act) for accepting such a
No, Theof
may
not bethe
prosecuted
under
minor,
shall,
against
latter's will,
retainh
gift? Explain.
8%
Rep.inAct
but (Art.
may be
prosecuted
im
his3019,
service
273,
Revised for
Penal
violation
Pres,
Decree
No. as
46,an
under
Code).
Heofcan
also
be liable
employer
which
act of receiving
a valuable
gift
is
for thesuch
employment
of a minor
below 15
yrs.
2.
If
Aling
Maria
herself
was
made
to
work
punished.
old, under Sec. 12, Art. 8 of RA. 7610.
Although
Theof is
"public
officer"
within to
as
a housemaid
in aMang
Juan's
household
the application
ofhe
thecommit
Anti-Graft
and Corrupt
pay
her loan, did
a crime?
(2.5%)
SUGGESTEDAct
ANSWER:
Practices
(RA 3019), yet his act of
Yes.
Mang
Juan
the crime
receiving
such
gift committed
does not appear
to be of
involuntary
servitude
for rendering
services
included among
the punishable
acts under
under
compulsion
of debts.
Rep. Act
3019 since and
he is payment
not to intervene
in
This
is committed
bythe
any
person who,
in
his official
capacity in
investigation
of the
order
to
require
or
enforce
the
payment
of
a
bank which gave the gift. Penal laws must be
ALTERNATIVE
ANSWER
debt,
shall
compel
the
debtor
to
work
for
strictly construed against the State. In any
Yes, Theof may
bewill,
prosecuted
under Rep.
Act
him,
as household
case, against
Theof is his
administratively
liable. servant
3019
because
he is(Art.
a "public
or
farm
laborer
274, officer"
Revisedwithin
Penal
the purview of said law, and Theof received
Code)
the valuable gift from a bank which is under
investigation by the Central Bank where he
is employed as a "public officer". Receiving
gift, directly or indirectly by a public officer
from a party who has a transaction with the
Government is wrong, more so when the giftgiver is under investigation by the
government office to which the public officer
Ra
6713; Coverage (2001)
is connected.
Robert Sy, a well known businessman and a
founding member of the Makati Business
Club, aside from being a classmate of the
newly-elected President of the Philippines,
had Investments consisting of shares of
stocks in the Urban Bank, the PNB, the Rural
Bank of Caloocan City and his privatelyowned corporation, the RS Builders
Corporation and Trans-Pacific Air. After the

86 of 86

85 of 86

President had taken his oath and assumed

his office, he appointed Robert as Honorary
Consul to the Republic of Vietnam. Robert
took his oath before the President and after
furnishing the Department of Foreign Affairs
with his appointment papers, flew to Saigon,
now Ho Chi Min City, where he organized his
staff, put up an office and stayed there for
three months attending to trade
opportunities and relations with local
businessman. On the fourth month, he
returned to the Philippines to make his
report to the President. However, the AntiGraft League of the Philippines filed a
complaint against Robert for (1) falling to file
his Statement of Assets and Liabilities within
thirty (30) days from assumption of office;
(2) failing to resign from his businesses, and
(3) falling ANSWER:
to divest his shares and
SUGGESTED
investments
in will
the banks
and corporations
The
complaint
not prosper
because the
owned
him, asand
required
byStandards
the Code of
Code ofby
Conduct
Ethical
for
Conduct
and Ethical
Standards (Rep.
for Public
Public Officials
and Employees
Act.
Officials
and
Employees.
Will the
complaint
No. 6713),
expressly
exempts
those
who
prosper?
Explain.
(5%)
serve the Government in an honorary
capacity from filing Statements of Assets
and Liabilities, and from resigning and
ALTERNATIVE
ANSWER:
divesting themselves
of interest from any
Yes, the complaint will prosper under Sec. 7
private enterprise (Secs. 8A and 9).
of the Anti-Graft and Corrupt Practices Act
(Rep. Act No. 3019, as amended], which
requires all public officers within 30 days
from assuming public office to file a true,
detailed sworn statement of assets and
liabilities. Violations of this law are mala
RA
7438-Economic
prohibita
whichSabotage;
admits Illegal
of noRecruitment
excuses. (2004)
RR represented to AA, BB, CC and DD that
she could send them to London to work there
as sales ladies and waitresses. She collected
and received from them various amounts of
RA 3019; for
money
Preventive
recruitment
Suspension
and
(2000)
placement fees
totalling
their dates
A monthP400,000.
after the After
arraignment
of of
Brad Kit
departure
wereofpostponed
several
Commissioner
the Housing
andtimes,
Land the
Use
four
prospects
got suspicious
went towith
Regulatory
Board,
who wasand
charged
POEA
(Phil.
violation
of Overseas
Section Employment
3 (h) of Republic Act
Authority).
There and
they Corrupt
found outPractices
that RR was
3019 [Anti-Graft
Act)
not
authorized
nor licensed to
recruit
before
the Sandiganbayan,
the
Office of the
SUGGESTED ANSWER:
workers
for
employment
They
sought
Special
aabroad.
Motion
to having
Suspend
Yes. RRProsecutor
is guilty
offiled
a grave
offense,
refund
to
no
avail.
Is
RR
guilty
of
any
grave
Accused
Pendente
Lite
pursuant
to
Section
engaged in illegal recruitment constituting
offense?
briefly.
(5%)
13
theExplain
Anti-Graft
Law.
The Court
granted
the of
offense
of economic
sabotage
which
is
the
motion
and
suspended
accused
Brad
Kit
punishable with life imprisonment and a fine
for
a
period
of
90
days.
Accused
assailed
the
of P100.000.00.
constitutional
validity of the
order
ECONOMIC SABOTAGE
is ansuspension
offense
on
the
ground
that
it
partakes
of
a
penalty
defined in 38(b) of the Labor Code, as
before
Judgment
conviction
is reached
amended
by Pres.ofDecree
No. 2018,
whichand
is
is
thus
violative
of
his
constitutional
to
incurred when the illegal recruitment right
is
be
presumed
innocent.
He
also
claimed
that
carried
out
in
large
scale
or
by
a
syndicate.
SUGGESTED ANSWER:
this
provision
of when
thedoes
law
suspension
It
is in
a large scale
there
threeofora
The
suspension
order
notonare
partake
pendente
lite is
applies
to electiveof
more
aggrieved
parties,
orofficials
as
a
penalty
and
thus only
notindividually
violative
Brad
and not
to appointed
ones
Rule with
group.
And
it is committed
by ahim.
syndicate
Kit's
constitutional
right
to like
reasons.
(5%)
when three
or more persons conspire or