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CRIMINAL LAW
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ARRANGED BY TOPIC
and you will be richly rewarded by God in heaven. It is also very good karma.
(1994 – 2006)
We would like to seek the indulgence of the reader for some Bar Questions
which are improperly classified under a topic and for some topics which are
improperly or ignorantly phrased, for the authors are just Bar Reviewees who
have prepared this work while reviewing for the Bar Exams under time
Version 1973 – 2003
Edited and Arranged
constraints and within their limited knowledge of the law. We would like to
by:
Janette Laggui-Icao and
seek the reader’s indulgenceAlex
for a Andrew
lot of typographical
P. Icao errors in this work.
(Silliman University College of Law)
The Authors
Updated by:
July 26, 2005
Dondee
ReTake BarOps 2007
Updated by;
July 3, 2007
From the ANSWERS TO BAR EXAMINATION QUESTIONS IN
CRIMINAL LAW by the UP LAW COMPLEX and PHILIPPINE
ASSOCIATION OF LAW SCHOOLS
July 3, 2007
Criminal Law Bar Examination Q & A (1994-2006) 3 of 86
Table of Contents
GENERAL PRINCIPLES...............................................................................................................10
General Principles; Schools of thought in Criminal Law (1996)
............................................................................................10 General Principles; Territoriality (1994)
.............................................................................................................................10 General Principles;
Territoriality; Jurisdiction over Vessel (2000) .........................................................................................10
Use of Aliases; When Allowed (2006)
FELONIES........................................................................................................................................10
...............................................................................................................................10
Conspiracy (1997)
..........................................................................................................................................................10 Conspiracy;
Avoidance of Greater Evil (2004)....................................................................................................................11
Conspiracy; Co-Conspirator (1998)
..................................................................................................................................11 Conspiracy; Common
Felonious Purpose (1994) ...............................................................................................................11
Conspiracy; Complex Crime with Rape
(1996)...................................................................................................................11 Conspiracy; Flight to
Evade Apprehension (2003)..............................................................................................................12
Conspiracy; Flight to Evade Apprehension
(2003)..............................................................................................................12 Conspiracy; Implied
Conspiracy (1998).............................................................................................................................13
Conspiracy; Implied Conspiracy; Effects (2003)
.................................................................................................................13 Criminal Liability: Destructive
Arson (2000) .......................................................................................................................13 Criminal Liability:
Felonious Act of Scaring (1996)..............................................................................................................13
Criminal Liability: Felonious Act; Proximate Cause
(1996)...................................................................................................13 Criminal Liability: Impossible
Crimes (2000) ......................................................................................................................14 Criminal
Liability; Felonious Act of Scaring
(2001)..............................................................................................................14 Criminal Liability; Felonious
Act of Scaring (2005)..............................................................................................................14 Criminal
Liability; Felonious Act; Immediate Cause (2003)
..................................................................................................14 Criminal Liability; Felonious Act;
Proximate Cause (1994)...................................................................................................15 Criminal
Liability; Felonious Act; Proximate Cause
(1997)...................................................................................................15 Criminal Liability; Felonious Act;
Proximate Cause (1999)...................................................................................................15 Criminal
Liability; Felonious Act; Proximate Cause
(2001)...................................................................................................15 Criminal Liability; Felonious Act;
Proximate Cause (2004)...................................................................................................16 Criminal
Liability; Impossible Crime (2004)
........................................................................................................................16 Criminal Liability; Impossible
Crimes (1994) ......................................................................................................................16 Criminal
Liability; Impossible Crimes;
JUSTIFYING & EXEMPTING CIRCUMSTANCES ...................................................................19 Kidnapping (2000)
....................................................................................................17 Mala in Se vs. Mala Prohibita (1997)
Exempting Circumstances;
................................................................................................................................17 Mala in Se vs. Coverage Mala
(2000).....................................................................................................................19
Prohibita (1999) ................................................................................................................................17 Exempting
Mala in
Circumstances;
Se vs. Mala Prohibita Minority
(2001)
(1998)........................................................................................................................19 Exempting;
................................................................................................................................17 Mala in Se vs. Mala Minority; 11
yrs Old; Absence of Discernment (2000) ........................................................................................19
Prohibita (2003) ................................................................................................................................17 Mala
Justifying
Prohibita; vs.Actual Exempting Injury Circumstances
Required (2004)
(2000)
.................................................................................................................20 Justifying;
....................................................................................................................18 Malum in Se vs. Malum Defense of Honor;
Requisites
Prohibitum (2005) (2002).................................................................................................................20 Justifying;
........................................................................................................................18 Motive vs.
Defense of Stranger (2002) ..............................................................................................................................20
Intent (1996) ...................................................................................................................................................18
Justifying;
Motive Fulfillment vs. of Duty; Intent Requisites (2000)
(1999)
................................................................................................................20 Justifying; SD; Defense
...................................................................................................................................................18 Motive of vs.Honor;
Intent
Requisites (1998) ..........................................................................................................21 Justifying; Defense
(2004) ...................................................................................................................................................19 Motive;
of
ProofHonor; Elements thereof; (2000) Not ..................................................................................................................21
Essential; Conviction (2006)
Justifying; SD; Defense of
......................................................................................................19 Property; Requisites (1996)
.......................................................................................................21 Justifying; SD; Defense of Property;
Requisites (2003) .......................................................................................................21
Criminal Law Bar Examination Q & A (1994-2006) 4 of 86
Qualifying; Elements of a Crime
(2003).............................................................................................................................22
MITIGATING CIRCUMSTANCES................................................................................................22
Mitigating; Non-Intoxication (2000)
...................................................................................................................................22 Mitigating; Plea of Guilty
(1999)........................................................................................................................................22 Mitigating; Plea
of Guilty; Requisites (1999).......................................................................................................................22
Mitigating; Plea of Guilty; Voluntary Surrender
(1997).........................................................................................................22 Mitigating; Voluntary Surrender
(1996)..............................................................................................................................23 Mitigating; Voluntary
AGGRAVATING
Surrender; Elements CIRCUMSTANCES .........................................................................................23
(1999) ..............................................................................................................23
Aggravating Circumstances
(1996)...................................................................................................................................23 Aggravating
Circumstances; Generis vs. Qualifying (1999)
.................................................................................................24 Aggravating Circumstances; Kinds &
Penalties (1999)........................................................................................................24 Aggravating; Cruelty;
Relationship (1994) .........................................................................................................................24
Aggravating; Must be alleged in the information
(2000).......................................................................................................24 Aggravating; Nighttime; Band
(1994) ................................................................................................................................24 Aggravating;
Recidivism (2001)........................................................................................................................................24
ALTERNATIVE
Aggravating;
CIRCUMSTANCES Recidivism
...........................................................................................25
vs. Quasi-Recidivism (1998)
........................................................................................................25
Alternative Circumstances; Aggravating; Treachery & Unlawful Intoxication
Entry (1997)................................................................................................................25
(2002)...................................................................................................................25
PERSONS CRIMINALLY LIABLE FOR FELONIES................................................................25
Anti-Fencing Law; Fencing (1996)
....................................................................................................................................25 Anti-Fencing Law;
Fencing vs. Theft or Robbery (1995)......................................................................................................26
Anti-Fencing Law; Fencing; Elements
(1995).....................................................................................................................26 Criminal Liability;
Accessories & Fence (1998)...................................................................................................................26
Criminal Liability; Non-Exemption as Accessory (2004)
......................................................................................................26 Criminal Liability; Principal by Direct
Participation; Co-Principal by Indispensable Cooperation (2000).....................................27 Criminal
Liability; Principal by Inducement (2002)
PENALTIES .....................................................................................................................................27
..............................................................................................................27 Criminal Liability; Principal;
Inducement
Complex & Participation
Crime (1994) vs. ............................................................................................27
Compound Crime
Destructive Arson
(2004).....................................................................................................................27 Complex Crime(1994) vs.
.................................................................................................................................................27
Special Complex Crime vs. Delito Continuado (2005) ............................................................................28
Complex Crime; Aberratio ictus vs. error in personae
(1994)...............................................................................................28 Complex Crime; Aberratio Ictus,
Error In Personae & Praeter Intentionem (1999) .................................................................28 Complex
Crime; Aberratio Ictus; Attempted Murder with Homicide (2000)
............................................................................28 Complex Crime; Doctrine of Aberratio Ictus; Not
Applicable (1996) ......................................................................................29 Complex Crimes; Coup d’etat
& rebellion & sedition (2003).................................................................................................29 Complex
Crimes; Determination of the Crime
(1999)..........................................................................................................29 Complex Crimes; Nature &
Penalty Involved (1999) ...........................................................................................................30 Complex
Crimes; Ordinary Complex Crime vs. Special Complex Crime (2003)
.....................................................................30 Continuing Offense vs. Delito Continuado (1994)
...............................................................................................................30 Death Penalty (2004)
......................................................................................................................................................30 Death Penalty;
Qualified Rape; Requisites (2004)..............................................................................................................31
Habitual Delinquency & Recidivism (2001)
........................................................................................................................31 Indeterminate Sentence Law
(1994) .................................................................................................................................31 Indeterminate
Sentence Law (1999) .................................................................................................................................32
Indeterminate Sentence Law (1999)
.................................................................................................................................32 Indeterminate Sentence
Law (2002) .................................................................................................................................32 Indeterminate
Sentence Law (2005) .................................................................................................................................32
Indeterminate Sentence Law; Exceptions (1999)
...............................................................................................................32 Indeterminate Sentence Law;
Exceptions (2003) ...............................................................................................................33
Criminal Law Bar Examination Q & A (1994-2006) 5 of 86
Penalties: Fine or Imprisonment vs. Subsidiary Imprisonment
(2005)...................................................................................33 Penalties: Pecuniary Penalties vs.
Pecuniary Liabilities (2005) ............................................................................................33 Penalties;
Complex Crime of Estafa (1997)
.......................................................................................................................33 Penalties; Factors to Consider
(1991) ...............................................................................................................................33 Penalties; Homicide
w/ Modifying Circumstance (1995) ......................................................................................................34
Penalties; Mitigating Circumstances w/out Aggravating Circumstance (1997)
.......................................................................34 Penalties; Parricide w/ Mitigating Circumstance
(1997).......................................................................................................34 Penalties; Preventive
Imprisonment (1994) .......................................................................................................................34
Penalties; Reclusion Perpetua (RA) No. 7959 (2005)
.........................................................................................................35 Penalties; Reclusion Perpetua vs. Life
Imprisonment (1994) ...............................................................................................35 Penalties; Reclusion
Perpetua vs. Life Imprisonment (2001) ...............................................................................................35
Probation Law: Proper Period (2005)
................................................................................................................................35 Probation Law; Barred by
Appeal (1994)...........................................................................................................................35 Probation Law;
Barred by Appeal (2001)...........................................................................................................................36
Probation Law; Maximum Term vs. Total Term
(1997)........................................................................................................36 Probation Law; Order Denying
Probation; Not Appealable (2002) ........................................................................................36 Probation
Law;
EXTINCTION Period Covered OF CRIMINAL (2004) .............................................................................................................................36
LIABILITY....................................................................................38
Probation Law; Right; Barred by Appeal (1995)
Amnesty vs. PD
.................................................................................................................36 Probation 1160 Law; Right; Barred (2006) by
...........................................................................................................................................38
Appeal (2003) .................................................................................................................37 Amnesty;
Suspension Crimes of
Covered
Sentence; Adults/Minors (2006).....................................................................................................................................38
(2006)..................................................................................................................37
Extinction;
Suspension Criminal & Civil Liabilities; of Effects; DeathSentence; of accused pending appeal (2004) Minors
........................................................38 Extinction; Criminal & Civil Liabilities; Effects;
(2003)............................................................................................................................37 Suspension Death of
Offended
Sentence; Youthful Party Offender (2000)......................................................................38 Pardon vs. Amnesty
(1995) ............................................................................................................38
(2006)..............................................................................................................................................39 Pardon;
Effect; Civil Interdiction (2004)
.............................................................................................................................39 Pardon; Effect;
Reinstatement (1994) ...............................................................................................................................39
Prescription of Crimes; Bigamy (1995)
..............................................................................................................................40 Prescription of Crimes;
Commencement (2000) .................................................................................................................40
Prescription of Crimes; Commencement (2004)
CIVIL LIABILITY .............................................................................................................................41
.................................................................................................................40 Prescription of Crimes;
Concubinage
Civil liability;(2001)......................................................................................................................40
Effect of Acquittal
Prescription of Crimes; False Testimony
(2000)...............................................................................................................................41 Civil liability; (1994) Effect
.................................................................................................................41
of Prescription of Crimes; Simple
Acquittal (2000)...............................................................................................................................41 Civil
Slander (1997)...................................................................................................................41
Liability; Subsidiary; Employers
(1998).......................................................................................................................42 Civil Liability; When
Mandatory; Criminal Liability (2005).....................................................................................................42
CRIMES
Damages;AGAINST NATIONAL Homicide; SECURITY AND THE LAW OF Damages
Temperate NATIONS.......................42 (2006)
.............................................................................................................42
Piracy in the High Seas & Qualified Piracy (2006)
.............................................................................................................42
CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE........................................43
Violation of Domicile vs. Trespass to Dwelling (2002)
.........................................................................................................43
CRIMES AGAINST PUBLIC ORDER .........................................................................................43
Art 134; Rebellion; Politically Motivated; Committed by NPA Members (1998)
......................................................................43 Art 134-A: Coup d’ etat & Rape; Frustrated (2005)
.............................................................................................................44 Art 134-A; Coup d’etat (2002)
..........................................................................................................................................44 Art 134-A; Coup
d’etat; New Firearms Law (1998)..............................................................................................................44
Art 136; Conspiracy to Commit Rebellion
(1994)................................................................................................................44
Criminal Law Bar Examination Q & A (1994-2006) 6 of 86
Art 148; Direct Assault vs. Resistance & Disobedience (2001)
............................................................................................44 Art 148; Direct Assault; Teachers &
Professors (2002) .......................................................................................................45 Art 148; Persons in
Authority/Agents of Persons in Authority (2000).....................................................................................45
Art 156; Delivery of Prisoners from Jail (2002)
...................................................................................................................45 Art 157; Evasion of Service of
Sentence (1998) .................................................................................................................46 Art. 134;
Rebellion vs. Coup d'etat (2004)
CRIMES AGAINST PUBLIC INTEREST....................................................................................47
........................................................................................................................46 Complex Crime; Direct Assault
with murder (2000) Notes;
False ............................................................................................................46
Illegal Possession (1999)
.............................................................................................................................47 False Testimony
(1994)...................................................................................................................................................47
Falsification; Presumption of Falsification
(1999)................................................................................................................47 Forgery & Falsification
(1999) ..........................................................................................................................................47 Grave
Scandal (1996) .....................................................................................................................................................48
Perjury (1996)
................................................................................................................................................................48 Perjury
CRIMES
(1997)
COMMITTED BY PUBLIC OFFICERS.......................................................................49
................................................................................................................................................................48
Perjury
Bribery & Corruption of Public Official (2005)
(2001)
................................................................................................................................................................49
.....................................................................................................................49 Direct Bribery: Infidelity in the
Custody of Documents (2005) ..............................................................................................49 Jurisdiction;
Impeachable Public Officers (2006)
................................................................................................................50 Malversation (1994)
........................................................................................................................................................50 Malversation
(1999) ........................................................................................................................................................50
Malversation (1999)
........................................................................................................................................................50 Malversation
(2001) ........................................................................................................................................................50
Malversation (2006)
........................................................................................................................................................51 Malversation
Complex Crime; Homicide w/ Assault-Authority (1995)
vs. Estafa (1999) .........................................................................................................................................51
.......................................................................................................53 Complex Crime; Parricide w/
Malversation; Properties; Custodia Legis (2001)
unintentional abortion (1994) .................................................................................................53 Criminal
................................................................................................................52 Malversation; Technical
Liabilities;AGAINST
CRIMES PERSONS ....................................................................................................53
Rape; Homicide & Theft (1998 No)
Malversation (1996) .....................................................................................................................52 Public
.......................................................................................................53 Criminal Liability; Tumultous Affray
Officers; definition
(1997).........................................................................................................................54 Criminal Liability;
(1999).......................................................................................................................................52 Public Officers;
Tumultuous Affray (2003).......................................................................................................................54
Infidelity in Custody of Prisoners (1996) .....................................................................................................52
Death under Exceptional Circumstances
Public Officers; Infidelity in Custody of Prisoners (1997)
(2001).................................................................................................................54 Death under Exceptional
.....................................................................................................53
Circumstances (2005).................................................................................................................54 Homicide;
Fraustrated; Physical Injuries (1994)
.................................................................................................................55 Infanticide
(2006)............................................................................................................................................................55
Murder & Sec. 25, R.A. No. 9165 (2005)
...........................................................................................................................55 Murder (1999)
................................................................................................................................................................55 Murder;
Definition & Elements (1999)
...............................................................................................................................56 Murder; Evident
Premeditation (1996)...............................................................................................................................56
Murder; Homicide; Infanticide; Parricide
(1999)..................................................................................................................56 Murder; Reckles
Imprudence (2001).................................................................................................................................56
Murder; Treachery
(1995)................................................................................................................................................57 Murder;
Use of Illegal Firearms (2004)
..............................................................................................................................57 Parricide
(1999)..............................................................................................................................................................57
Parricide
(1999)..............................................................................................................................................................57
Parricide; Multiple Parricide; Homicide
(1997)....................................................................................................................57 Rape
(1995)...................................................................................................................................................................58
Rape; Absence of Force & Intimidation
(1995)...................................................................................................................58 Rape; Anti-Rape Law of
1997 (2002) ................................................................................................................................58
Criminal Law Bar Examination Q & A (1994-2006) 7 of 86
Rape; Anti-Rape Law of 1997 (2002)
................................................................................................................................58 Rape; Consented
Abduction (2002) ..................................................................................................................................59 Rape;
Effect; Affidavit of Desistance
(1993).......................................................................................................................59 Rape; Male Victim
(2002) ................................................................................................................................................59 Rape;
Multiple Rapes; Forcible Abduction
(2000)...............................................................................................................59 Rape; Proper Party
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY ................................................60
(1993)...............................................................................................................................................59 Rape;
Statutory
Arbitrary Rape; Detention; Mental Elements; Retardate Victim
Grounds
(1996).......................................................................................................60
(2006)..................................................................................................................60 Grave Coercion
(1998)....................................................................................................................................................60 Grave
Coercion vs. Maltreatment of Prisoner (1999)
..........................................................................................................61 Illegal Detention vs. Grave Coercion
(1999).......................................................................................................................61 Kidnapping (2002)
..........................................................................................................................................................61 Kidnapping
(2006) ..........................................................................................................................................................61
Kidnapping w/ Homicide
Arson; Destructive Arson
(2005)........................................................................................................................................62 Kidnapping;
(1994).......................................................................................................................................64 Arson;
Effects; Voluntary Release (2004) ..................................................................................................................62
Destructive Arson
Kidnapping; Illegal Detention; Minority (2006)
(2000).......................................................................................................................................64
....................................................................................................................62 Kidnapping; Proposal to Kidnap Arson; New
Arson Law (2004)..........................................................................................................................................64 BP
(1996) .............................................................................................................................63 Kidnapping; Serious
22; Memorandum Check
Illegal Detention (1997) .....................................................................................................................63
CRIMES AGAINST PROPERTY..................................................................................................64
(1994)..................................................................................................................................65 BP Persons 22;
Trespass to Dwelling; Private
Memorandum Check
(2006)....................................................................................................................63 Tresspass to Dwelling;
(1995)..................................................................................................................................65 BP 22;
Rule of Absorption (1994) ..............................................................................................................64 Unjust
Presumption of Knowledge (2002)
Vexation vs Acts of Lasciviousness
.........................................................................................................................65 Estafa & Trust Receipt Law
(1994)..............................................................................................................64
(1995) ...................................................................................................................................65 Estafa (1999)
.................................................................................................................................................................66 Estafa vs.
BP 22 (1996)...................................................................................................................................................66
Estafa vs. BP 22
(2003)...................................................................................................................................................66 Estafa vs.
Money Market Placement
(1996).......................................................................................................................67 Estafa vs. Theft (2005)
....................................................................................................................................................67 Estafa;
Elements (2005) ..................................................................................................................................................67
Estafa; Falsification of Commercial Document
(2000).........................................................................................................67 Estafa; Falsification of
Commercial Documents (1997) .......................................................................................................68 Estafa;
Swindling (1998)..................................................................................................................................................68
Robbery (1996)
..............................................................................................................................................................68 Robbery
under RPC (2000) .............................................................................................................................................68
Robbery under RPC (2001)
.............................................................................................................................................68 Robbery vs.
Highway Robbery (2000)...............................................................................................................................69
Robbery w/ force upon things (2000)
................................................................................................................................69 Robbery w/ Homicide -
R.A. No. 7659 (2005) ....................................................................................................................69 Robbery
w/ Homicide (1996)............................................................................................................................................70
Robbery w/ Homicide
(1998)............................................................................................................................................70 Robbery w/
Homicide (2003)............................................................................................................................................71
Robbery w/ Homicide; Special Complex Crime (1995)
........................................................................................................71 Robbery w/ Intimidation vs. Theft
(2002) ...........................................................................................................................71 Robbery w/ Rape
(1999) .................................................................................................................................................71 Robbery
w/ Rape; Conspiracy (2004)
...............................................................................................................................71 Robbery; Homicide; Arson
(1995).....................................................................................................................................72 Robbery; Rape
(1997).....................................................................................................................................................72 Theft
(1998) ...................................................................................................................................................................72
Theft (2001)
...................................................................................................................................................................73
Criminal Law Bar Examination Q & A (1994-2006) 8 of 86
Theft; Qualified Theft (2002)
............................................................................................................................................73 Theft; Qualified
Theft (2002) ............................................................................................................................................73 Theft;
Qualified Theft (2006)
............................................................................................................................................73 Theft; Stages of
Execution (1998) ....................................................................................................................................73 Theft;
Stages of Execution (2000)
CRIMES AGAINST CHASTITY....................................................................................................74
....................................................................................................................................74 Usurpation of Real
Rights (1996)......................................................................................................................................74
Acts of Lasciviousness vs. Unjust Vexation (1994)
.............................................................................................................74 Adultery
(2002)...............................................................................................................................................................74
Concubinage (1994)
.......................................................................................................................................................74 Concubinage
(2002) .......................................................................................................................................................75 Unjust
CRIMES
Vexation AGAINST THEvs. CIVIL STATUS OF Act PERSONS........................................................75
of Lasciviousness
(2006)...............................................................................................................75
Bigamy
(1994)................................................................................................................................................................75
Bigamy
(1996)................................................................................................................................................................75
Bigamy
(2004)................................................................................................................................................................75
CRIMES
Bigamy; AGAINST HONOR.........................................................................................................76
Prescriptive Period
(1995)...................................................................................................................................76
Libel Simulation of Birth
& Child Trafficking (2002) .....................................................................................................................76
(2002)....................................................................................................................................................................76
Libel
(2003)....................................................................................................................................................................76
Libel
(2005)....................................................................................................................................................................77
Slander (1988)
...............................................................................................................................................................77 Slander
MISCELLANEOUS.........................................................................................................................78
(1996) ...............................................................................................................................................................77
Slander
Corpus by Deed Delicti vs. Maltreatment (2001)
(1994 ).........................................................................................................................77 Slander
......................................................................................................................................................78 vs. Criminal
Corpus Delicti;
Conversation
Definition & (2004)
Elements .........................................................................................................................77
(2000) .....................................................................................................................78
Entrapment vs. Instigation (1995)
.....................................................................................................................................78 Entrapment vs.
SPECIAL
Instigation PENAL LAWS...............................................................................................................79
(2003) .....................................................................................................................................78
Anti-Carnapping Act; Carnapping w/ Homicide (1998)
........................................................................................................79 Anti-Graft & Corrupt Practices - RA
3019 (1997) ................................................................................................................79 Anti-Hazing law – RA
8049 (2002)....................................................................................................................................80 CHILD
ABUSE; RA 7610 (2004)
......................................................................................................................................80 Child Abuse; RA 7610
(2006)...........................................................................................................................................80 Dangerous
Drug Act: Plea-Bargaining (2005)
....................................................................................................................80 Dangerous Drugs Act
(1998)............................................................................................................................................80 Dangerous
Drugs Act (2006)............................................................................................................................................81
Dangerous Drugs Act (6425); Marked Money
(2000)..........................................................................................................81 Dangerous Drugs Act (6425);
Plea Bargaining (1998) ........................................................................................................81 Dangerous
Drugs Act; Consummation of Sale
(1996).........................................................................................................82 Dangerous Drugs Act; Criminal
Intent to Posses (2002)......................................................................................................82 Dangerous
Drugs Act; Plea-Bargaining
(2004)...................................................................................................................82 Highway Robbery (2001)
.................................................................................................................................................82 Illegal Fishing -
PD 704 (1996) .........................................................................................................................................82 Illegal
Possession of Firearms – RA 8294 (1998)
...............................................................................................................83 Illegal Possession of Firearms &
Ammunitions (2000) ........................................................................................................83 PD 46 & RA 6713
& Indirect Bribery (2006) .......................................................................................................................83 PD
46 (1994)..................................................................................................................................................................83
PD 46
(1997)..................................................................................................................................................................84
Criminal Law Bar Examination Q & A (1994-2006) 9 of 86
Plunder under RA 7080; Prescriptive Period
R.A. No. 9160 Anti-Money Laundering
(1993)............................................................................................................84 Act (2005)
..............................................................................................................84 Ra 3019; Preventive Suspension
(1999) ...........................................................................................................................84 RA 3019; Preventive
Suspension (2000)...........................................................................................................................84 RA 3019;
Public Officer (2003).........................................................................................................................................85
Ra 6713; Coverage (2001)
..............................................................................................................................................85 RA 7438-Economic
Sabotage; Illegal Recruitment (2004) ...................................................................................................85 RA
7610 – Child Exploitation (2006)
.................................................................................................................................86
Criminal Law Bar Examination Q & A (1994-2006) 10
GENERAL PRINCIPLES the 86
Yes, the Motion to Quash of Information
should be granted. The Philippine court has
General Principles; Schools of no jurisdiction over the crime committed
thought in Criminal Law (1996) since it was committed on the high seas or
1} What are the different schools of thought outside of Philippine territory and on board a
or theories in Criminal Law and describe vessel not registered or licensed in the
each briefly. 2) To what theory does our Philippines (US vs. Fowler, 1 Phil 614)
SUGGESTED ANSWER:
It is the registration of the vessel in
Revised Penal Code belong?
1There are two schools of thought in Criminal Law, accordance with the laws of the Philippines,
and these are (a) the CLASSICAL THEORY, which not the citizenship of her owner, which
simply means that the basis of criminal liabilities is makes it a Philippine ship. The vessel being
human free will, and the purpose of the penalty is registered in Panama, the laws of Panama
retribution which must be proportional to the govern while it is in the high seas.
Use of Aliases; When
gravity of the offense; and (b) the POSITIVIST
Allowed
When can(2006)
a Filipino citizen residing in this
THEORY, which considers man as a social being
country use an alias legally? Give 3
and his acts are attributable not just to his will but SUGGESTED ANSWER:
instances. (2.5%)
to other forces of society. As such, punishment is 1Pseudonym for literary purposes.
not the solution, as he is not entirely to be blamed; 2Use of aliases in cinema and television
law and jurisprudence should not be the yardstick entertainment.
in the imposition of sanction, instead the 3In athletics and sports activities (RA. 6085).
underlying reasons would be inquired into. 4Under the witness protection program a
2We follow the classical school of thought although person may adopt a different identity (RA.
some provisions of eminently positivist in 6981).
tendencies, like punishment of impossible crime, 5When he has been baptized or customarily
Juvenile circumstances, are incorporated in our known by such alias.
Code. 6When authorized by a competent court (CA.
No. 142, as amended by RA. 6085).
General Principles; 7When properly indicated in a Certificate of
Territoriality
Abe, married to(1994)
Liza, contracted another Candidacy (Omnibus Election Code).
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
Can Abe be ANSWER:
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;
the situation.
Jurisdiction over 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 Court
SUGGESTED ANSWER:
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%)
Criminal Law Bar Examination Q & A (1994-2006) 11 of 86
For the physical injuries of F, A, B and C. Arturo, being one of the two who devised the
should be held liable therefore. Even if it was plan to murder Joel, thereby becomes a co-
only A who actually stabbed and caused principal by direct conspiracy. What is
physical injuries to G, B and C are needed only is an overt act and both will
nonetheless liable for conspiring with A and incur criminal liability. Arturo's liability as a
for contributing positive acts which led to the conspirator arose from his participation in
realization of a common criminal intent. B jointly devising the criminal plan with Juan, to
positioned himself as a lookout, while C kill Jose. And it was pursuant to that
blocked F's escape. D, however, although conspiracy that Juan killed Joel. The
part of the conspiracy, cannot be held liable conspiracy here is actual, not by inference
because he left the scene before A could only. The overt act was done pursuant to that
enter the house where the stabbing occurred. conspiracy whereof Arturo is co-conspirator.
Although he was earlier part of the There being a conspiracy, the act of one is
conspiracy, he did not personally participate the act of all. Arturo, therefore, should be
in the execution of the crime by acts which liable as a co-conspirator but the penalty on
In the same breath, E, the driver, cannot be
directly tended toward the same end (People him may be that of an accomplice only
also held liable for the infliction of physical
vs. Tomoro, et al 44 Phil. 38), (People vs. Nierra,
ANSWER:96 SCRA 1; People us.
injuries upon F because there is no showing ALTERNATIVE
Medrano,
Arturo is not114liable
SCRAbecause 335) becausehe washe notwas not
able
that he had knowledge of the plan to kill F.
able
to to actually
participate in participate
the killing of in Joel.
the shooting of
Conspiracy; Avoidance of Joel, having itself
Conspiracy beenisapprehended
not punishable before
unless
Greater
BB and Evil
CC,(2004)
both armed with knives, reaching
expresslythe place where
provided by lawthe andcrime
this iswas not
attacked FT. The victim's son, ST, upon committed.
true in the case of Murder. A co-conspirator
seeing the attack, drew his gun but was must perform an overt act pursuant to the
prevented from shooting the attackers by Conspiracy;
conspiracy. Common Felonious
AA, who grappled with him for possession of Purpose
At about 9:30 (1994) in the evening, while Dino and
the gun. FT died from knife wounds. AA, BB Raffy were walking along Padre Faura Street,
and CC were charged with murder. Manila. Johnny hit them with a rock injuring
In his defense, AA invoked the justifying Dino at the back. Raffy approached Dino, but
circumstance of avoidance of greater evil or suddenly, Bobby, Steve, Danny and Nonoy
injury, contending that by preventing ST surrounded the FELONIES duo. Then Bobby stabbed
from shooting BB and CC, he merely avoided Dino. Steve, Danny, Nonoy and Johnny kept
a greater evil. Will AA's defense prosper? on hitting Dino and Raffy with rocks. As a
Conspiracy
SUGGESTED ANSWER: result.
Reason briefly. (5%) A had aDino
(1997) grudgedied, Bobby,F.Steve,
against Deciding Danny,to kill F, A
No, AA's defense will not prosper because Nonoy and Johnny were charged with
and his friends, B, C, and D, armed
obviously there was a conspiracy among BB, SUGGESTED ANSWER:
homicide. Is thereknivesconspiracyproceededin this case?
themselves
Yes, there iswith conspiracy and among the offenders, to the
CC and AA, such that the principle that when
house
as of F, taking
manifested a taxicab
by their concertedfor the purpose.
actions
there is a conspiracy, the act of one is the
About
against20 themeters
victims, from their destination,
demonstrating a the
act of all, shall govern. The act of ST, the
group alighted and after
common felonious purpose of assaulting theinstructing E, the
victim's son, appears to be a legitimate
driver,
victims.toThe wait, traveledofon
existence thefoot to the house
conspiracy can
defense of relatives; hence, justified as a
of F. B positioned himself
be inferred or deduced from the manner at a distance asthe
the
defense of his father against the unlawful
group's lookout. C and D
offenders acted in commonly attacking Dino stood guard outside
aggression by BB and CC. ST's act to defend
the
and house.
Raffy with Beforerocks, A could
thereby enter the house, D
demonstrating
his father's life, cannot be regarded as an
What AA did was left the scene without the knowledge of the
evil inasmuch as ittois,stop a eyes
in the lawfulofdefense,
the law, a unity of criminal design to inflict harm
Conspiracy; Complex Crime
on
not greater others. A stealthily entered the house and
a lawful act. evil, to allow BB and CC achieve their victims.
with Rape
their criminal objective of stabbing FT. Jose,
stabbed F. F(1996)
Domingo, ranManolo,
to the streetand Fernando,
but was armed
with
blocked bolos,by atC, about
forcingone himo'clock
to fleein the
towards
Conspiracy; Co- morning, robbed aImmediately
another direction. house at a desolate after A had place
Conspirator
Juan (1998)
and Arturo devised a plan to murder where
stabbed Danilo, his stabbed
F, A also wife, andGthree who wasdaughters
visiting
Joel. In a narrow alley near Joel's house, Juan were living. While
F. Thereafter, A exiledthe four
fromwere in the and,
the house
will hide behind the big lamppost and shoot process
together of
SUGGESTED ANSWER: ransacking
with B and C,Danilo's
returned house,
to the
Joel when the latter passes through on his Fernando,
waiting noticing that one
A alone should be held liable for theGdeath
taxicab and motored of Danilo's
away. died. of
F
way to work. Arturo will come from the other daughters
survived. was
Who trying
are to
liable get
for
G. The object of the conspiracy of A. B, C, away,
the deathran after
of G
end of the alley and simultaneously shoot her
and and
and the
D was finally
physical caught
to kill injuries
F only. upSince
with
of F? B,herC,inand a thicket
D
Joel from behind. On the appointed day, somewhat distant from the
did not know of the stabbing of G by A, they house. Fernando,
Arturo was apprehended by the authorities before
cannot bringing back the daughter
be held criminally therefor. to E, the
the
before reaching the alley. When Juan shot house,
driver, raped her
cannot be first.
also Thereafter,
held liable the
for thefour
Fernando
carted away commit?
the belongings Explain. of Danilo and his
Joel as planned, he was unaware that Arturo death of G since the former was completely
SUGGESTED ANSWER:
was arrested earlier. Discuss the criminal family.
unaware a)of What
saidcrime
killing.did Jose, Domingo,
liability of Arturo, if any. [5%] Manolo and
Criminal Law Bar Examination Q & A (1994-2006) 12 of 86
b) Suppose, after the robbery, the four A shall incur full criminal liability for the
took turns in raping the three daughters of crime of robbery with homicide, but B shall
Danilo inside the latter's house, but before not incur criminal liability because he
they left, they killed the whole family to desisted. B's spontaneous desistance, made
prevent identification, what crime did the before all acts of execution are performed, is
SUGGESTED
four commit? ANSWER:
Explain. exculpatory. Conspiracy to rob and kill is not
(a) Jose, Domingo, and Manolo committed per se punishable.
Robbery, while Fernando committed complex The desistance need not be actuated by
crime of Robbery with Rape, Conspiracy can remorse or good motive. It is enough that
be inferred from the manner the offenders the discontinuance comes from the person
committed the robbery but the rape was who has begun the commission of the crime
committed by Fernando at a place "distant but before all acts of execution are
from the house" where the robbery was performed. A person who has began the
committed, not in the presence of the other commission of a crime but desisted, is
conspirators. Hence, Fernando alone should absolved from criminal liability as a reward
answer for the rape, rendering him liable for to one, who having set foot on the verge of
the special complex crime. (People vs. Conspiracy;
crime, heeds theFlight to conscience
call of his Evade and
b) The et.
Canturia crime
al, G.R.would be 22Robbery
108490, June 1995} with Apprehension
A and B, both (2003)
store janitors, planned to kill
returns to the path of righteousness.
Homicide ... (implied: there is still their employer C at midnight and take the
conspiracy) money kept in the cash register. A and B
Conspiracy; Flight to Evade together drew the sketch of the store, where
Apprehension
A and B, both store (2003)janitors, planned to kill they knew C would be sleeping, and planned
their employer C at midnight and take the the sequence of their attack. Shortly before
money kept in the cash register. A and B midnight, A and B were ready to carry out
together drew the sketch of the store, where the plan. When A was about to lift C's
they knew C would be sleeping, and planned mosquito net to thrust his dagger, a police
the sequence of their attack. Shortly before car with sirens blaring passed by. Scared, B
midnight, A and B were ready to carry out ran out of the store and fled, while A went on
the plan. When A was about to lift C's to stab C to death, put the money in the bag,
mosquito net to thrust his dagger, a police and ran outside to look for B. The latter was
car with sirens blaring passed by. Scared, B nowhere in sight. Unknown to him, B had
ran out of the store and fled, while A went on SUGGESTED ANSWER:
already left the place.
There was an expressed What was
conspiracy the
between
to stab C to death, put the money in the bag, participation and corresponding criminal
and ran outside to look for B. The latter was A and B to kill C and take the latter's money.
liability of each,
The planned if any?
killing andReasons.
taking of8%the money
nowhere in sight. Unknown to him, B had
SUGGESTED ANSWER:
alreadywasleft the place. What was the appears to be intimately related as
There an expressed conspiracy between component crimes, hence a special complex
participation
A and B to kill C andand corresponding
take the latter's criminal
money.
liability of each, if any? crime of robbery with homicide. The
The planned killing andReasons.
taking of8%the money conspiracy being expressed, not just implied,
appears to be intimately related as A and B are bound as co-conspirators after
component crimes, hence a special complex they have planned and agreed on the
crime of robbery with homicide. The sequence of their attack even before they
conspiracy being expressed, not just implied, committed the crime. Therefore, the principle
A and B are bound as co-conspirators after in law that when there is a conspiracy, the
they have planned and agreed on the act of one is the act of all, already governs
sequence of their attack even before they That B ran out of the store and fled upon
them. In fact, A and B were already in the
committed the crime. Therefore, the principle hearing the sirens of the police car, is not
store to carry out their criminal plan.
in law that when there is a conspiracy, the spontaneous desistance but flight to evade
act of one is the act of all, already governs apprehension. It would be different if B then
That B ran out of the store and fled upon tried to stop A from continuing with the
them. In fact, A and B were already in the
hearing the sirens of the police car, is not commission of the crime; he did not. So the
store to carry out their criminal plan.
spontaneous desistance but flight to evade act of A in pursuing the commission of the
apprehension. It would be different if B then crime which both he and B designed,
tried to stop A from continuing with the planned, and commenced to commit, would
commission of the crime; he did not. So the also be the act of B because of their
act of A in pursuing the commission of the ALTERNATIVE ANSWER:
expressed conspiracy. Both are liable for the
crime which both he and B designed, A shall incur full criminal liability for the
composite crime of robbery with homicide.
planned, and commenced to commit, would crime of robbery with homicide, but B shall
also be the act of B because of their not incur criminal liability because he
ALTERNATIVE ANSWER: desisted. B's spontaneous desistance, made
expressed conspiracy. Both are liable for the
composite crime of robbery with homicide. before all acts of execution are performed, is
Criminal Law Bar Examination Q & A (1994-2006) 13 of 86
exculpatory. Conspiracy to rob and kill is not SUGGESTED ANSWER:
per se punishable. Yes. A, B. C and D are liable for destructive
arson because of the destruction of the room
The desistance need not be actuated by of X with the use of an explosive, the hand
remorse or good motive. It is enough that grenade. Liability for an impossible crime is
the discontinuance comes from the person to be imposed only if the act committed
who has begun the commission of the crime would not constitute any other crime under
but before all acts of execution are the Revised Penal Code. Although the facts
performed. A person who has began the involved are parallel to the case of Intod vs.
commission of a crime but desisted, is Court of Appeals (215 SCRA 52), where it was
absolved from criminal liability as a reward ruled that the liability of the offender was for
to one, who having set foot on the verge of an impossible crime, no hand grenade was
Conspiracy;
crime, heeds the call Implied
of his conscience and used in said case, which constitutes a more
Conspiracy Criminal Liability: Felonious Act of
What the(1998)
returnsistothe doctrine of implied conspiracy?
path of righteousness. serious crime though different from what was
Scaring (1996)
Alexander,
[3%]
SUGGESTED ANSWER:
intended, an escaped convict, ran amuck on
The doctrine of implied conspiracy holds two board a Superlines Bus bound for Manila
or more persons participating in the from Bicol and killed ten (10) persons.
commission of a crime collectively Terrified by the incident, Carol and Benjamin
responsible and liable as co-conspirators who are passengers of the bus, jumped out
although absent any agreement to that of the window and while lying unconscious
effect, when they act in concert, after hitting the pavement of the road, were
demonstrating unity of criminal intent and a ran over and crushed to death by a fast
common purpose or objective. The existence moving Desert Fox bus tailing the Superlines
of a conspiracy shall be inferred or deduced Can
Bus. Alexander be held liable for the death of
from their criminal participation in pursuing Carol and Benjamin although he was
Conspiracy; Implied Conspiracy;
the crime and thus the act of one shall be completely unaware that the two jumped out
Effects
State (2003)
the concept
deemed the act of all. of "implied conspiracy" SUGGESTED
of the bus?ANSWER:
Explain.
and give its legal effects. 4% Yes, Alexander can be held liable for the
SUGGESTED ANSWER: death of Carol and Benjamin because of
An "IMPLIED CONSPIRACY" is one which is felonious act of running was the proximate
only inferred or deduced from the manner cause of the victim's death. The rule is that
the participants in the commission of crime when a person, by a felonious act, generates
carried out its execution. Where the in the mind of another a sense of imminent
offenders acted in concert in the commission danger, prompting the latter to escape from
of the crime, meaning that their acts are or avoid such danger and in the process,
coordinated or synchronized in a way (US vs. Valdez,
sustains 41 or
injuries Phil, 1497;
dies, thePeople
personvs. Apra, 27
SCRA 1037.)
indicative that they are pursuing a common committing the felonious act is responsible
Criminal Liability: Felonious Act;
criminal objective, they shall be deemed to for such injuries or death.
be acting in conspiracy and their criminal Proximate
Vicente hackedCause (1996)
Anacleto with a bolo but the
The legal effects of an "implied conspiracy"
liability shall be collective, not individual. latter was able to parry it with his hand,
are: a) Not all those who are present at the causing upon him a two-inch wound on his
crime
scene will be considered conspirators; b)
of the right palm. Vicente was not able to hack
Only those who participated by criminal acts Anacleto further because three policemen
commission of the crime will be considered asarrived and threatened to shoot Vicente if he
in the
conspirators;
co and c) Mere acquiescence to did not drop his bolo. Vicente was
or approval of the commission accordingly charged by the police at the
of the crime, without any act of criminal prosecutor's office for attempted homicide.
participation, shall not render one criminallyTwenty-five days later, while the preliminary
co-conspirator.
liable as investigation was in progress, Anacleto was
rushed to the hospital because of symptoms
Criminal Liability: Destructive of tetanus infection on the two-inch wound
Arson
A, B, C (2000)
and D, all armed with armalites, SUGGESTED ANSWER:
inflicted by Vicente.
Yes, Vicente may be Anacleto
charged of died the
homicide for
proceeded to the house of X. Y, a neighbor of following day. Can Vicente be eventually
X, who happened to be passing by, pointed the death of Anacleto, unless the tetanus
charged
infection with
whichhomicide
developed for twenty
the deathfiveofdays
to the four culprits the room that X occupied. Anacleto? Explain. about by an efficient
The four culprits peppered the room with later, was brought
bullets. Unsatisfied, A even threw a hand supervening cause. Vicente's felonious act of
grenade that totally destroyed X's room. causing a two-inch wound on Anacleto's right
However, unknown to the four culprits, X was palm may still be regarded as the proximate
not inside the room and nobody was hit or cause of the latter's death because without
injured during the Incident. Are A, B, C and D such wound, no tetanus infection could
liable for any crime? Explain. (3%) develop from the victim's right palm, and
without
Criminal Law Bar Examination Q & A (1994-2006)
such tetanus infection the victim would not
have died with it.
Arson; Destructive
Arson
Tata (1994)
owns a three-storey building located at
No. 3 Herran Street. Paco, Manila. She wanted
to construct a new building but had no money
to finance the construction. So, she insured
the building for P3,000,000.00. She then
urged Yoboy and Yongsi, for
Criminal Law Bar Examination Q & A (1994-2006) 65 of 86
BP 22; Memorandum
Check is
1What (1994)
a memorandum check?
2Is the "bouncing" thereof within the purview of
BP Blg. 22?
SUGGESTED ANSWER:
1A "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. Judge David Nitafan, G.R.
No. 75954, October 22, 1992).
2Yes, 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 is
1What (1995)
a memorandum check ?
2Is a person who issues a memorandum check
without sufficient funds necessarily guilty of
violating B.P. Blg. 22? Explain.
3Jane 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. 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.
Criminal Law Bar Examination Q & A (1994-2006) 66 of 86
Such contention is invalid. A trust receipt misappropriate
3. The defense the ofjewelry
Edmund doesis NOT
not valid.
makeA
arrangement doesn't involve merely a simple memorandum
her criminally liablecheckfor uponestafa.
presentment is
loan transaction but includes likewise a generally accepted by the bank. It does not
security feature where the creditor bank Estafa vs. BP 22
matter whether the check is in the nature of a
extends financial assistance to the debtor- (1996)
The accused was
memorandum convicted
as evidence under B.P, Blg.
of indebtedness.
importer in return for the collateral or 22
What forthehaving issued several
law punishes is the mere checks which
issuance
security title as to the goods or merchandise were
of a bouncing check and not the purposetheir
dishonored by the drawee bank on for
being purchased or imported. The title of the due
whichdateit was because
issued northe the accused
terms and closed her
bank to the security is the one sought to be account
conditionsafter the thereto.
relating issuance The ofmere
checks.
act ofOn
protected and not the loan which is a Blg. 22 a
appeal,
issuing byshereason
argued
worthless ofcheck
the
that closing
isshe of her not be
could
a malum
separate and distinct agreement. What is account
convicted
prohibitum. because
under said law applies
The understanding solely
that to
the check
being penalized under P,D. No. 115 is the checks
will not dishonored
be presented byatreason
the bankof insufficiency
but will be
misuse or misappropriation of the goods or of funds and
redeemed bythat
the at the time
maker whenshe theissued the
loan falls
proceeds realized from the sale of the goods, checks concerned, she had
due is a mere private arrangement which adequate funds
documents or Instruments which are being in
maythenotbank. While
prevail to she
exemptadmits that the
it from shepenal
may
BP
be 22; Presumption
held liable for estafa ofunder Article 215 of
held in trust for the entrustee-banks. In other sanction of B.P. Blg. 22. (People vs. Nitafan)
Knowledge
A
thea businessman,
Revised Penal (2002) borrowed
Code, sheP500,000.00
cannot however from
words, the law punishes the dishonesty and
B, a friend. To pay the
be found guilty of having violatedloan, A issued a
abuse
Estafaof confidence in the handling of money postdated
Blg. 22. Is check to be presented
her contention correct?for payment
Explain.
or goodssuch
(1999)
Is there to the prejudice
a crime of thethrough
as estafa other, and
30 days after the transaction. Two days
hence there is no violation
negligence? Explain. (2%) of the right
before the maturity date of the check, A
against imprisonment for non-payment of
called up B and told him not to deposit the
debt.
Aurelia (People vs. Nitafan,
introduced Rosa207 SCRA 725)
to Victoria, a dealer check on the date stated on the face thereof,
in jewelry who does business in Timog, as A had not deposited in the drawee bank
Quezon City. Rosa, a resident of Cebu City, the amount needed to cover the check.
agreed to sell a diamond ring and bracelet to Nevertheless, B deposited the check in
Victoria on a commission basis, on condition question and the same was dishonored of
that, if these items can not be sold, they may insufficiency of funds. A failed to settle the
be returned to Victoria forthwith. Unable to SUGGESTED ANSWER:
amount
Yes, A Iswith liable B for
in spite of the
violation of latter's
BP. Blg. 22
sell the ring and bracelet, Rosa delivered demands.
both items to Aurelia in Cebu City with the (Bouncing Checks Law), AlthoughB.P.
Is A guilty of violating Blg. 22,
knowledge
otherwise known as the Bouncing
by the drawer of insufficiency or lack of Checks
understanding that Aurelia shall, in turn, Law?
return the items to Victoria in Timog, Quezon funds Explain.
at the time (5%) of the issuance of the
City. Aurelia dutifully returned the bracelet to check is an essential element of the
Victoria but sold the ring, kept the cash violation, the law presumes prima facie such
proceeds thereof to herself, and issued a knowledge, unless within five (5) banking
check to Victoria which bounced. Victoria days of notice of dishonor or nonpayment,
sued Rosa for estafa under Article 315, the drawer pays the holder thereof the
R.P.C., Victoria insisting that delivery to a amount due thereon or makes arrangements
A
formere notice
payment inby
fullthe
by drawer A to the
the drawee payee B
of such
third person of the thing held in trust is not a before the maturity date of the check will not
defense inANSWER:
estafa. Is Rosa criminally liable for checks.
SUGGESTED defeat the presumption of knowledge created
estafa
(a) Thereunder thesuch
is no circumstances?
crime as estafa Explain,
through by the law; otherwise, the purpose and spirit
[4%)
SUGGESTED ANSWER:
negligence. In estafa, the profit or gain must of B.P. 22 will be rendered useless.
1. A memorandum
be obtained by the accused check is an ordinary
personally, Estafa & Trust Receipt
check with the word
through his own acts, and his mere "Memorandum", Law obtained
Julio (1995) a letter of credit from a local
"Memo",
negligence orin"Mem"
allowingwritten
another across
to takethe face, bank in order to import auto tires from Japan.
signifying that
advantage of orthe maker
benefit or drawer
from engages
the entrusted To secure payment of his letter of credit, Julio
to pay cannot
chattel its holder absolutely
constitute estafa. thus partaking
(People v. executed a trust receipt in favor of the bank.
the nature
(b) No, Rosaofcannot
Nepomuceno, a promissory
CA, 46OG held note.
be6135) criminallyIt is liable
drawn Upon arrival of the tires, Julio sold them but
on aestafa.
for bank and is a bill
Although sheofreceived
exchange thewithin the
jewelry did not deliver the proceeds to the bank. Julio
(People
purview of vs. Nitafan,
Section 215of SCRA
from Victoria under an185
obligation the toNegotiable
return the was charged with estafa under P.D. No. 115
79)
Instruments
same Law.
or deliver the proceeds thereof, she did which makes the violation of a trust receipt
2. Yes, a person who issued a
not misappropriate it. In fact, she gave them agreement punishable as estafa under Art.
memorandum check without sufficient funds
to Aurelia specifically to be returned to 315, par. (1), subpar. (b), of the Revised
is guilty of violating B.P. Blg. 22 as said law
Victoria. The misappropriation was done by Penal Code. Julio contended that P.D. No. 115
covers all checks whether it is an evidence of
Aurelia, and absent the showing of any was unconstitutional because it violated the
indebtedness, or in payment of a preexisting
conspiracy between Aurelia and Rosa, the Bill of Rights provision against imprisonment
obligation, or as deposit or guarantee. SUGGESTED ANSWER:
latter cannot be held criminally liable for for nonpayment of debt. Rule on the
(People vs. Nitafan)
Amelia's acts. Furthermore, as explained contention of Julio, Discuss fully.
above, Rosa's negligence which may have
allowed Aurelia to
Criminal Law Bar Examination Q & A (1994-2006) 67 of 86
Estafa vs. Money Market
Placement
On March (1996)
31, 1995, Orpheus Financing Estafa;
Corporation received from Maricar the sum of Elements
DD purchased (2005)a television set for P50,000.00
P500,000 as money market placement for with the use of a counterfeit credit card. The
sixty days at fifteen (15) per cent interest, owner of the establishment had no inkling
and the President of said Corporation issued that the credit card used by DD was
a check covering the amount including the counterfeit. What crime or crimes did DD
interest due thereon, postdated May 30, SUGGESTED ANSWER:(5%)
commit? Explain.
1995. On the maturity date, however, DD committed the crime of estafa under Art.
Orpheus Financing Corporation failed to 315, par. 2(a) of the Revised Penal Code by
deliver back Maricar's money placement with falsely pretending to posses credit. The
the corresponding interest earned, elements of estafa under this penal provision
notwithstanding repeated demands upon said are; (1) the accused defrauded another by
Did the President
Corporation to complyofwith Orpheus Financing
its commitment. means of deceit; and (2) damage or
Corporation incur any criminal liability for prejudice capable of pecuniary estimation is
estafa for reason of the nonpayment of the caused to the offended party or third party.
SUGGESTED
money marketANSWER:
placement? Explain. The accused also violated R.A. No. 8484,
No, the President of the financing corporation Mr.
whichCarlos Gabisi,
punishes the a use
customs guard, and
or possession of Mr,
SUGGESTED ANSWER:
does not incur criminal liability for estafa Rico
No, Yto,
fake the a private
contentioncredit
or counterfeit Individual,
of the went to
card.accused is not the
because a money market transaction office
Estafa;
correct.of Falsification
Mr.
As longDiether as Ocuarto,
the of checks a customs
Commercial issued were
partakes of the nature of a loan, such that broker,
Document and
issued to apply represented
(2000) themselves
on account or for value, as and
nonpayment thereof would not give rise to agents
was dishonored upon presentation an
of Moonglow Commercial Trading, for
estafa through misappropriation or Importer
payment oftochildren's
the drawee clothes bankand fortoys.lack
Mr. of
conversion. In money market placement, Gabisi and Mr.
insufficient funds Ytoon engaged
their due Mr.date,
Ocuarto such toact
there is transfer of ownership of the money prepare and file with the Bureau
falls within the ambit of B.P. Blg. 22. Said law of Customs
to be invested and therefore the liability for the necessary
expressly Import any
punishes Entrypersonand Internal who may
its return is civil in nature (Perez vs. Court of Revenue
have insufficient funds in theMoonglow's
Declaration covering drawee bank
Estafa vs. Theft shipment. Mr. Gabisi and Mr.but Yto fails
submitted to
Appeals, 127 SCRA 636; Sebreno vs. Court of when he issues the check, to keep
(2005)
DD was engaged in the warehouse business. Mr. Ocuarto a packing list, a commercial
Appeals etal, G.R. 84096, 26 Jan 95). sufficient funds to cover the full amount of
Sometime in November 2004, he was in dire invoice,
the check a bill of lading
when and a Sworn
presented to theImportdrawee
need of money. He, thus, sold merchandise Estafa
Duty vs. BP 22
Declaration which declared the the date
bank within ninety (90) days from
deposited in his warehouse to VR for (2003)
A and B agreed
shipment as to meet
children's at the
toys, thelatter's
taxes and house
appearing thereon.
P500,000.00. DD was charged with theft, as to discuss
duties B's financial
of which problems.
were computed atOn his way,
principal, while VR as accessory. The court one of A's car
P60,000.00. Mr. tires
Ocuarto blew filedup.the Before A left
convicted DD of theft but acquitted VR on following the meeting,
aforementioned documents he withasked theB Manila
to lend
the ground that he purchased the him (A) money
International to buy a Port.
Container new spare However, tire.before
B had
merchandise in good faith. However, the temporarily
the shipmentexhausted
was released, hisa bank
spot checkdeposits,
was
court ordered VR to return the merchandise leaving
conductedaby Customs zero balance. Senior Agent Anticipating,
James
DD
to themoved
owner for thereof
the reconsideration
and ordered DD of the
to however,
Bandido, who a replenishment
discovered thatof thehis account
contents of
decision insisting that he
refund the P500,000.00 to VR. should be acquitted soon, B issued A a postdated
the van (shipment) were not children's toys check with
of theft because being the depositary, he had which
as A negotiated
declared in the shipping for a documents
new tire. but When
juridical possession of the merchandise. VR presented,
1,000 units of thevideocheck bounced
cassette for lack
recorders withof
also moved for the reconsideration of the funds.and
taxes Theduties
tire company
computed filed
at a criminal case
P600,000.00. A
decision insisting that since he was acquitted SUGGESTED ANSWER:
against
hold orderA and
and B. What
warrant would
of seizure be the
and criminal
of the crime charged, and that he purchased A who negotiated the unfunded check of B in
liability,
buying aif were
detention any, tire
new of each
then issued
for of the
his by
carthetwo
may accused?
District
only be
the merchandise in good faith, he is not Explain.
Collector 8%
of Customs. Further investigation
SUGGESTED ANSWER:
obligated to return the merchandise to its prosecuted for estafa if he was aware at the
The motion for reconsideration should be showed
time of that
suchMoonglow
negotiation is non-existent.
that the check has
owner. Rule on the motions with reasons. Consequently,
granted. By depositing the merchandise in his
(5%) no sufficient funds in and
Mr, Gabisi the Mr. Yto were
drawee bank;
warehouse, he transferred not merely charged with and convicted
otherwise, he is not criminally liable. for violation of
physical but also juridical possession. The Section 3(e) of R.A. 3019
B who accommodated A which
with his makescheck it may
element of taking in the crime of theft is unlawful
nevertheless among be others,
prosecuted for publicunder officers
BP 22tofor
wanting. At the most, he could be held liable cause
havingany undue
issued theInjury
check, toknowing
any party, at the time
for estafa for misappropriation of the including
of issuance thethat
Government.
it has no In the discharge
funds in the bank of
On the otherdeposited.
merchandise hand, the motion of VR must official functions through manifest
and that A will negotiate it to buy a new tire, partiality,
also be denied. His acquittal is of no moment evident
i.e., for bad
value. faith
B or maygrossnotinexcusable
be prosecuted for
because the thing, subject matter of the negligence.
estafa because In their
the motion for
facts indicate that he is
offense, shall be restored to the owner even reconsideration,
not actuated by the accused
intent allegedinthat
to defraud the
issuing
though it is found in the possession of a third decision
the check was erroneous
which because the
A negotiated. crime B
Obviously,
person who acquired it by lawful means. (Art. was
issuednottheconsummated
postdated check but was onlytoathelp
only an A:
105, RFC) attempted
criminal intent stage, and that
or dolo in fact the
is absent.
Government did not suffer any undue injury.
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) 68 of 86
SUGGESTED ANSWER: lot to her neighbor Dino for P1,000,000.
Yes, both are liable for attempted estafa thru Later Divina sold the same lot to Angel for
falsification of commercial documents, a P2,000,000. In the Deed of Sale, she
complex crime. They tried to defraud the expressly stated that the property is free
Government with the use of false commercial from any lien or encumbrance. What crime,
and public documents. Damage is not SUGGESTED
if any, did ANSWER:
Divina commit? [5%]
necessary. Divina committed estafa or swindling under
Estafa; Falsification of Commercial Art. 316, par. 2 of the Revised Penal Code
Documents
The (1997) a saving account with
accused opened because, knowing that the real property
Bank A with an initial deposit of P2,000.00. A being sold is encumbered, she still made a
few days later, he deposited in the savings misrepresentation in the Deed of Sale that
account a Bank B check for P 10,000.00 the same is free from any lien or
drawn and endorsed purportedly by C. Ten encumbrance. There is thus a deceit or fraud
days later, he withdrew P 10,000.00 from his Robbery
causing damage to the buyer of the lot.
savings account. C complained to Bank B (1996)
Five robbers robbed, one after the other five
when the check was deducted from his houses occupied by different families located
account. Two days thereafter, the accused inside a compound enclosed by a six-feet
deposited another Bank B check of P high hollow block fence. How many robberies
SUGGESTED
did the fiveANSWER:
commit? Explain.
10,000.00 signed and endorsed allegedly by
The offenders committed only one robbery in
C. A week later, the accused went to Bank A
Convicted under two informations of estafa the eyes of the law because when they
to withdraw P10,000.00. While withdrawing
and attempted estafa both through entered the compound, they were impelled
the amount, he was arrested.
falsification of commercial documents, he set only by a single indivisible criminal resolution
up the defenses that, except for the showing to commit a robbery as they were not aware
that the signature of C had been forged, no that there were five families inside said
further evidence was presented to establish compound, considering that the same was
(a) that he was the forger of the signature of enclosed by a six-feet high hollow-block
C nor (b), that as to the second charge C fence. The series of robbery committed in the
SUGGESTED ANSWER: same compound at about the same time
suffered any damage. Rule on the defense.
The defense is not tenable; (a) the possessor Robbery
constitutes one under
continued crime, motivated
of a falsified document is presumed to be the RPC
A, (2000)
by one criminal B
B, C, D and were in a beerhouse along
impulse.
author of the falsification (People vs. MacArthur Highway having a drinking spree.
Sendaydtego, 81 SCRA 120; Koh Tiek vs. People, At about 1 o'clock in the morning, they
et al, Dec. 21, 1990); (b) In estafa, a mere decided to leave and so asked for the bill.
disturbance of property rights, even if They pooled their money together but they
temporary, would be sufficient to, cause were still short of P2,000.00. E then
damage. Moreover, in a crime of falsification orchestrated a plan whereby A, B, C and D
of a commercial document, damage or intent would go out, flag a taxicab and rob the taxi
to cause damage is not necessary because driver of all his money while E would wait for
the principal thing punished is the violation of them in the beerhouse. A. B, C and D agreed.
Estafa; Defense
the public of Ownership
faith and (2002)ofAthe
the destruction sold a All armed with balisongs, A, B, C and D
washing machine to B on credit,
truth as therein solemnly proclaimed. with the hailed the first taxicab they encountered.
understanding that B could return the After robbing X, the driver, of his earnings,
appliance within two weeks if, after testing which amounted to P1,000.00 only, they
the same, B decided not to buy it. Two weeks needed P1 ,000.00 more to meet their bill.
lapsed without B returning the appliance. A So, they decided to hail another taxicab and
found out that B had sold the washing they again robbed driver T of his hard-earned
machine to a third party- Is B liable for money amounting to P1,000. On their way
estafa? Why? (5%) SUGGESTED ANSWER: back to ANSWER:
the beerhouse, they were
SUGGESTED
No, B is not liable for estafa because he is apprehended
A. B, C, D and by E area liable
policeforteam upon
two (2) the
counts
not just an entrustee of the washing machine complaint
of robberyofunder
X, theArticle
driver 294
of the
of first cab.
the Rev.
which he sold; he is the owner thereof by They pointed to E
Penal Code; not forashighway
the mastermind. What
Robbery under
virtue of the sale of the washing machine to crime or The
crimes, if any, are
did not
A, B,brigands
C, D and B
PD 532. offenders but
him. The sale being on credit, B as buyer is commit? Explain the
fully.robbery
(3%) to raise money
only committed
only liable for the unpaid price of the
to pay their bill because it happened that
washing
Estafa; machine; his obligation is only a civil they were short of money to pay the same.
obligation.
Swindling There
(1998) is no felonious Robbery under
Divina, is the owner of a 500-square meter
misappropriation that could constitute RPC
A and(2001)
B are neighbors in Barangay Nuevo I,
residential lot in Makati City covered by TCT
estafa. Silang, Cavite. A is a barangay Kagawad and
No. 1998. As her son needed money for his
trip abroad, Divina mortgaged her known to be a
Criminal Law Bar Examination Q & A (1994-2006)
bully, while B is reputed to be gay but noted
for his industry and economic savvy which
allowed him to amass wealth in leaps and
bounds, including registered and
unregistered lands in several barangays.
Resenting B's riches and relying on his
political influence, A decided to harass and
intimidate B into sharing with him some of
his lands, considering that the latter was
single and living alone. One night, A broke
into B's house, forced him to bring out some
titles and after picking out a title covering
200 square meters in their barangay,
compelled B to type out a Deed of Sale
conveying the said lot to him for P1.00 and
other valuable considerations. All the while,
A carried
What a paltik
charge or caliber
charges.45 should
in full view
be of B,
filed
who signed the deed
against A? Explain. (5%) out of fear. When A
later on ANSWER:
SUGGESTED tried to register the deed, B
summoned
The charge forenough
Robberycourage and had
under Article 298 ofA
arrested
the Revised andPenalcharged
Code in shouldcourtbe after
filed
preliminary
against A. investigation.
Said Article provides that any
person who, with intent to defraud another,
by means of violence or intimidation, shall
compel him to sign, execute and deliver any
public instrument or document shall be held
The
guiltypaltik caliber .45 firearm carried by A
of robbery.
was obviously intended to intimidate B and
thus, used in the commission of the robbery.
If it could be established that A had no
license or permit to possess and carry such
firearm, it should be taken only as special
aggravating circumstance to the crime of
ALTERNATIVE ANSWER:
robbery, not subject of a separate
On the premise that the Deed of Sale which
prosecution.
A compelled B to sign, had not attained the
character of a "public" instrument or
document, A should be charged for the crime
of Qualified Trespass to Dwelling under
Article 280 of the Revised Penal Code for
having intruded into B’s house, and for the
crime of Grave Coercion under Article 286 of
same Code, for compelling B to sign such
Robbery vs.
deed of sale against Highway
his will.
Robbery (2000)
Distinguish Highway Robbery under
Presidential Decree No. 532 from Robbery
committedANSWER:
SUGGESTED on a highway. (3%)
Highway Robbery under Pres. Decree 532
differs from ordinary Robbery committed on
a highway in these respects:
1In Highway Robbery under PD 532, the robbery is
committed indiscriminately against persons who
commute in such highways, regardless of the
potentiality they offer; while in ordinary Robbery
committed on a highway, the robbery is
committed only against predetermined victims;
2It is Highway Robbery under PD 532, when the
offender is a brigand or one who roams in public
Criminal Law Bar Examination Q & A (1994-2006) 69 of 86
70
Jose. Henry, likewise, moved to reconsider highways
to prevent and carries what
identification, out his crimerobbery
did the in
the decision, asserting that he is liable only fourpublic
commit? highways
Explain.as venue, whenever the
for attempted robbery with homicide with no opportunity
SUGGESTED ANSWER: to do so arises. It is ordinary
aggravating circumstance, considering that (a) Robbery
Jose, Domingo, under the andRevised
Manolo Penal committed Code
he and Mario did not benefit from the Robbery,
when the commission thereof in complex
while Fernando committed a public
P500,000.00. He further alleged that arson is crime of Robbery
highway is onlywith Rape. Conspiracy
incidental and can the
a felony and not an aggravating be offender
inferred from the manner
is not a brigand: and the offenders
circumstance; dwelling is not aggravating in committed
3. the robbery
In Highway Robbery but under
the rape PD was 532,
attempted robbery with homicide; and committed
there is frequencyby Fernando in theatcommission
a place "distant of the
nighttime is not aggravating because the from
robbery the inhouse" publicwhere highwaysthe robbery
and against was
house of Jose was lighted at the time he was committed,
persons travelling not in the presence
thereat; whereas of the other
ordinary
SUGGESTED ANSWER: conspirators.
Robbery in public Hence, Fernando
highways is onlyalone should
occasional
killed.
Mario isResolve with reasons
not correct. the respective
Mario conspired and
motions of Mario and Henry. (7%) answer
against for a the rape, rendering
predetermined him liable
victim, for
without
acted in concert with Henry to commit the special
frequency complex
in public highways.crime. (People vs.
robbery. Hence, the act of one is the act of b) The crime would be Robbery with Homicide
Canturia
Robbery et. w/
al, G.R.force108490, upon22 June 1995}
all and the extent of the specific participation because the killings were by reason (to
of each individual conspirator becomes things
A, brother
prevent (2000)
of B, with theand
identification) intention
on theofoccasion
having aof
secondary, each being held liable for the night out with his friends,
the robbery. The multiple rapes committed took the coconut
criminal deed(s) executed by another or shellthe
and which factis that
beingseveral
used by B as a bank
persons were for killed
others. As a conspirator, Mario casts his lot coins from inside
[homicide), wouldtheir locked
be cabinet using as
considered
with his fellow conspirators and becomes their commoncircumstances.
aggravating key. Forthwith, AThe broke the are
rapes
liable to any third person who may get killed coconut shell with
synonymous outside of theirand
Ignominy home thein the
additional
in the course of implementing the criminal presence
killing of his friends.
synonymous withWhat is the (People
cruelty, criminalvs.
Henry is incorrect, since he acquired liability
Solis, 182ofSCRA;
A, if any?
People Explain.
vs. Plaga,(3%)202IsSCRA
A 531)
design. (People v. Punzalan, et al.. G.R. No. Robbery w/ liability under Article
possession of the money. The crime of exempted from criminal
78853, November 8, 1991) Homicide (1998)
robbery with force and intimidation is A,
332 B,ofC the
andRevised
D all armed, Penal robbed
Code fora beingbank, aand
consummated when the robber acquires when
brother of B?were
SUGGESTED they ANSWER:
Explain. about (2%)to get out of the
possession of the property, even if for a a) A policemen
bank, is criminally came liable
andfor Robbery
ordered them withto
short time. It is no defense that they had no force upon things,
surrender but they because fired the oncoconut
the police shell
opportunity to dispose of or benefit from the with thewho
officers coins inside,
fired backwas andtaken
shot with
it outintent
with
money taken. (People v. Salvilia, et al., G.R. No. to
1. Suppose a bank employee was killedhome,
them.gain and broken outside of their and
Since
88163,the crime
April in robbery with force and
26, 1990) (Art. 299 (b)
the bullet (2). killed
which RPC). him came from the
intimidation against persons (robbery with b) No, A
firearm ofisthenot exempt
police from with
officers, criminal
whatliability
homicide), dwelling is aggravating. Arson, under
2.
crime Art. you
Suppose
shall 332
it was because
robber
charge said
D
A, B. who
C and Article
was applies
D?killed
[3%]
which accompanied the crime of robbery with only
by thetopolicemen
theft, swindling and the or prosecutor
malicious mischief.
homicide is absorbed (Art. 294, RFC as Here,
charged theA,crime
B andcommitted
C with Robbery is robbery.
and
amended by R.A. No. 7659) and is not Homicide. They demurred arguing that they
aggravating because the RPC does not Robbery
(A, B and C)w/were Homicide
not the ones - R.A. who killed
provide that such crime is an aggravating No.
Jose 7659 (2005)
robber D, hence, the charge should and
employed Mario as gardener onlyHenry
be
circumstance. (People v. Regala, G.R. No. as cook.How
SUGGESTED
Robbery. They
ANSWER: would learned
you resolve thattheir Jose won
1. A, B, C and
P500,000.00
argument? (2%)inDthe shouldlotto,beandcharged
decided withtothe rob
130508, April 5, 2000) Nighttime, likewise, is
not aggravating. There is no showing that the him.crime Marioof robbery
positioned with homicide
himself because
about 30
the death
meters away of from theJose’s
bank employee
house andwas acted as
same was purposely sought by the offenders
Robbery w/ brought
lookout. Forabout by theHenry
his part, acts ofsurreptitiously
said
to facilitate the commission of the crime or
Homicide
Jose, Domingo,(1996)
Manolo, and Fernando, armed offenders
gained entry on intothethe occasion
house of thekilled
and robbery. Jose
impunity.
with bolos, at about one o'clock in the whoTheywas shotthenithaving
out with histhe policeman,
dinner. Henry found
morning, robbed a house at a desolate place the thereby
P500,000.00 causing andsuch tookdeath by reason
it. Henry then took or
where Danilo, his wife, and three daughters a canonof the occasion
gasoline fromof athe robbery;
garagehence,and burnedthe
were living. While the four were in the the composite
house to crime conceal of robbery
the acts. withMario and
process of ransacking Danilo's house, homicide.
Henry fled, but were arrested around 200
Fernando, noticing that one of Danilo's 2. The argument
meters away from is valid, theconsidering
house by thatalert
a
daughters was trying to get away, ran after Mario and Henry
separate charge were
for charged
Homicide was with
filed. and
It
barangay tanods. The tanods recovered the
her and finally caught up with her in a thicket convicted
would be different if the charge filed wasthe
of robbery with homicide, with
P500,000.00.
somewhat distant from the house. Fernando, aggravating circumstances
for the composite crime of of robbery
arson, dwelling,
with
before bringing back the daughter to the andhomicide
nighttime. which is a single, indivisible
Mario moved to reconsider the decision
house, raped her first. Thereafter, the four offense.
maintaining that he was not at the scene of
carted away the belongings of Danilo and his
the crime and was not aware that Henry
family. a) What crime did Jose, Domingo,
killed the victim; hence, he was guilty only of
Manolo and Fernando commit? Explain. b)
robbery, as an accomplice. Mario also
Suppose, after the robbery, the four took
claimed that he conspired with Henry to
turns in raping the three daughters of Danilo
commit robbery but not to kill
inside the latter's house, but before they left,
they killed the whole family
Criminal Law Bar Examination Q & A (1994-2006) 71 of 86
Robbery w/ who took part in the robbery are guilty as
Homicide
A learned two(2003)
days ago that B had received principals of the crime of robbery with
dollar bills amounting to $10,000 from his homicide, unless the accused tried to prevent
daughter working in the United States. With the killing (People vs. Baello, 224 SCRA 218).
the intention of robbing B of those dollars, A Further, the aggravating circumstance of
entered B's house at midnight, armed with a craft could be assessed against the accused
knife which he used to gain entry, and began for pretending to be customers of Mang
quietly searching the drawers, shelves, and Robbery
Pandoy. w/ Intimidation vs.
other likely receptacles of the cash. While Theft
A (2002)
entered the house of another without
doing that, B awoke, rushed out from the employing force or violence upon things. He
bedroom, and grappled with A for the was seen by a maid who wanted to scream
possession of the knife which A was then but was prevented from doing so because A
holding. After stabbing B to death, A turned threatened her with a gun. A then took
over B's pillow and found the latter's wallet money and other valuables and left. Is A
SUGGESTED ANSWER:
guilty of theft or of robbery? Explain. (3%)
underneath the pillow, which was bulging
SUGGESTED ANSWER: A is liable for robbery because of the
with the dollar
The crime committedbills heiswas looking
robbery for. A took
with intimidation he employed on the maid before
the
homicide, a composite crime. This is so or
bills and left the house. What crime the taking of the money and other valuables.
crimes
because were committed?
A's primordial 8%
criminal intent is to It is the intimidation of person relative to the
commit a robbery and in the course of the taking that qualifies the crime as robbery,
robbery, the killing of B took place. Both the instead of simply theft. The non-employment
robbery and the killing were consummated, of force upon things is of no moment
thus giving rise to the special complex crime because robbery is committed not only by
of robbery with homicide. The primary employing force upon things but also by
criminal intent being to commit a robbery, employing violence against or intimidation of
any killing on the "occasion" of the robbery, Robbery
persons. w/
though not by reason thereof, is considered a Rapeyoung
Two (1999)men, A and B, conspired to rob a
component of the crime of robbery with residential house of things of value. They
Robbery w/ Homicide; Special succeeded in the commission of their original
homicide as a single indivisible offense.
Complex
Victor, Crime
Ricky, Rod(1995)
and Ronnie went to the plan to simply rob. A, however, was sexually
store of Mang Pandoy. Victor and Ricky aroused when he saw the lady owner of the
entered the store while Rod and Ronnie house and so, raped her.
posted themselves at the door. After ordering The lady victim testified that B did not in any
beer Ricky complained that he was way participate in the rape but B watched
shortchanged although Mang Pandoy the happening from a window and did
vehemently denied it. Suddenly Ricky nothing to stop the rape. Is B as criminally
whipped out a knife as he announced "Hold- liable as A for robbery with rape? Explain.
SUGGESTED ANSWER:
(4%)
up ito!" and stabbed Mang Pandoy to death.
Yes, B is as criminally liable as A for the
Rod boxed the store's salesgirl Lucy to
composite crime of robbery with rape under
prevent her from helping Mang Pandoy. When
Art. 294 (1). Although the conspiracy of A
Lucy ran out of the store to seek help from
and B was only to rob, B was present when
people next door she was chased by Ronnie.
the rape was being committed which gave
As soon as Ricky had stabbed Mang Pandoy,
rise to a composite crime, a single indivisible
Victor scooped up the money from the cash
offense of robbery with rape. B would not
box. Then Victor and Ricky dashed to the
have been liable had he endeavored to
street and shouted, "Tumakbo na kayo!" Rod
prevent the commission of the rape. But
was 14 and Ronnie was 17. The money and
since he did not when he could have done so,
other articles
SUGGESTED looted from the store of Mang
ANSWER: he in effect acquiesced with the rape as a
Pandoy
All were for
are liable later
thefound in the
special houses
complex of of
crime Robbery w/ofRape;
component the robbery and so he is also
Victor and Ricky. Discuss fully the
ofcriminal Conspiracy
Together XA, (2004)
YB and
robbery with homicide. The acts Ricky in liable for robbery withZC planned to rob Miss
rape.
liability ofMang
stabbing Victor, Ricky,to
Pandoy Rod and of
death, Ronnie.
Rod in OD. They entered her house by breaking one
ALTERNATIVE ANSWER:
boxing the salesgirl to prevent her from of the windows in her house. After taking her
2. The argument raised by A, B and C is not
helping Mang Pandoy, of Ronnie in chasing personal properties and as they were about
correct because their liability is not only for
the salesgirl to prevent her in seeking help, to leave, XA decided on impulse to rape OD.
Robbery but for the special complex crime of
of Victor in scooping up money from the cash As XA was molesting her, YB and ZC stood
Robbery with homicide. But the facts stated
box, and of Ricky and Victor in dashing to the outside the door of her bedroom and did
impresses that separate crimes of Robbery
street and announcing the escape, are all nothing to prevent XA from raping OD. What
The rule isofsettled that when homicide takes "and" Homicide were charged, which is not
indicative conspiracy. crime or crimes did XA, YB and ZC commit,
place as a consequence or on the occasion correct. What was committed was a single
and what is the criminal liability of each?
of a robbery, all those indivisible offense of Robbery with homicide,
Explain briefly. (5%)
not two crimes.
Criminal Law Bar Examination Q & A (1994-2006) 72 of 86
SUGGESTED ANSWER: The taking of the money from the victims
The crime committed by XA, YB and ZC is the was a mere afterthought of the killings.
composite crime of Robbery with Rape, a Hence, Harry committed the separate crime
single, indivisible offense under Art. 294(1) of of theft and not the complex crime of
the Revised Penal Code. robbery with homicide. Although theft was
committed against dead persons, it is still
Although the conspiracy among the legally possible as the offended party are the
offenders was only to commit robbery and In burning
estates thevictims.
of the cottage to hide his misdeed.
only XA raped CD, the other robbers, YB and Harry became liable for another separate
ZC, were present and aware of the rape crime, arson. This act of burning was not
being committed by their co-conspirator. necessary for the consummation of the two
Having done nothing to stop XA from (2) previous offenses he committed. The fact
committing the rape, YB and ZC thereby that the caretaker died from the blaze did
concurred in the commission of the rape by not qualify Harry's crime into a complex
The
their criminal liabilityXA.
co-conspirator of all, XA, YZ and ZC, crime of arson with homicide for there is no
shall be the same, as principals in the special Hence, Harry was improperly charged with
such crime.
complex crime of robbery with rape which is the complex crime of arson with quadruple
a single, indivisible offense where the rape homicide and robbery. Harry should have
accompanying the robbery is just a been charged with three (3) separate crimes,
component. murder, theft and arson.
Robbery; Homicide; Robbery; Rape
Arson an
Harry, (1995)
overseas contract worker, arrived (1997)
After raping the complainant in her house,
from Saudi Arabia with considerable savings. the accused struck a match to smoke a
Knowing him to be "loaded", his friends cigarette before departing from the scene.
Jason, Manuel and Dave invited him to poker The brief light from the match allowed him to
session at a rented beach cottage. When he notice a watch in her wrist. He demanded
was losing almost all his money which to him that she hand over the watch. When she
was his savings of a lifetime, he discovered refused, he forcibly grabbed it from her. The
that he was being cheated by his friends. accused was charged with and convicted of
Angered by the betrayal he decided to take SUGGESTED ANSWER:
the special complex crime of robbery with
Harry
revenge ordered several
on the three bottles of Tanduay
cheats. No. the court erred in convicting the accused
rape. Was the court correct?
Rhum and gave them to his companions to of the special complex crime of robbery with
drink, as they did, until they all fell asleep. rape. The accused should instead be held
When Harry saw his companions already liable for two (2) separate crimes of robbery
sound asleep he hacked all of them to death. and rape, since the primary intent or
Then he remembered his losses. He rifled objective of the accused was only to rape the
through the pockets of his victims and got complainant, and his commission of the
back all the money he lost. He then ran away robbery was merely an afterthought. The
but not before burning the cottage to hide robbery must precede the rape. In order to
his misdeed. The following day police give rise to the special complex crime for
investigators found among the debris the Theft
which the court convicted the accused.
After
charredpreliminary
bodies ofinvestigation,
Jason, Manuel, the Dave
Provincial
and (1998)
Mario found a watch in a jeep he was riding,
Prosecutor charged Harry
the caretaker of the resort. with the complex and since it did not belong to him, he
crime of arson with quadruple homicide and approached policeman P and delivered the
robbery. Was Harry properly charged? watch with instruction to return the same to
SUGGESTED ANSWER:
Discuss fully. whoever may be found to be the owner.
No, Harry was net properly charged. Harry P failed to return the watch to the owner
should have been charged with three (3) and, instead, sold it and appropriated for
separate crimes, namely: murder, theft and himself the proceeds of the sale.
arson.
Harry killed Jason, Manuel and Dave with Charged with theft, P reasoned out that he
evident premeditation, as there was cannot be found guilty because it was not he
considerable lapse of time before he decided who found the watch and, moreover, the
to commit the crime and the actual watch turned out to be stolen property. Is P's
commission of the crime. In addition, Harry SUGGESTED ANSWER:
defense valid? [5%]
employed means which weakened the No, P's defense is not valid. In a charge for
defense of Jason, Manuel and Dave. Harry theft, it is enough that the personal property
gave them the liquor to drink until they were subject thereof belongs to another and not to
drunk and fell asleep. This gave Harry the the offender (P). It is irrelevant whether the
opportunity to carry out his plan of murder person deprived of the possession of the
with impunity. watch has or has no right to the watch. Theft
is
Criminal Law Bar Examination Q & A (1994-2006) 73 of 86
committed by one who, with intent to gain, A vehicular accident occurred on the national
appropriates property of another without the highway in Bulacan. Among the first to arrive
consent of its owner. And the crime is at the scene of the accident was A, who
committed even when the offender receives found one of the victims already dead and
property of another but acquires only the others unconscious. Before rescuers
physical possession to hold the same. could come, A, taking advantage of the
Theft helpless condition of the victims, took their
(2001)
Francis Garcia, a Jollibee waiter, found a gold wallets and jewelry. However, the police,
bracelet in front of his working place in who responded to the report of the accident,
Makati and, upon inspecting it, saw the name SUGGESTED ANSWER:
caught A. What crime or crimes did A
and address of the owner engraved on the A committed the crime of qualified theft
commit? Why? (5%)
inside. Remembering his parents' admonition because he took the wallets and jewelry of
that he should not take anything which does the victims with evident intent to gain and
not belong to him, he delivered the bracelet on the occasion of a vehicular accident
to PO1 Jesus Reyes of the Makati Quad wherein he took advantage of the helpless
precinct with the instruction to locate the condition of the victims. But only one crime
owner and return it to him. PO1 Reyes, of qualified theft was committed although
instead, sold the bracelet and there were more than one victim divested of
misappropriated the proceeds. Subsequent their valuables, because all the taking of the
events brought out the fact that the bracelet valuables were made on one and the same
Theft;
occasion, thusQualified
constituting a continued
was dropped by a snatcher who had grabbed Theft
1. Forest(2006)
Ranger Jay Velasco was patrolling
it from the owner a block away from where crime.
the Balara Watershed and Reservoir when
Francis had found it and further investigation he noticed a big pile of cut logs outside the
traced the last possessor as PO1 Reyes. gate of the watershed. Curious, he scouted
Charged
SUGGESTED with theft, PO1 Reyes reasoned out
ANSWER: around and after a few minutes, he saw
that he had not
Charged with theft, committed
PO1 Reyesany is
crime
criminally Rene and Dante coming out of the gate with
because
liable. His contention that he has not the
it was not he who had found some more newly-cut logs. He apprehended
bracelet
committed and, anymoreover, it turned
crime because he out
wasto have
not and charged them with the proper offense.
been stolen. Resolve the case with reasons.
the one who found the bracelet and it turned SUGGESTED ANSWER:
What is that offense? Explain.
(10%)
out to be stolen also, is devoid of merit. It is The offense is Qualified Theft under Sec. 68
enough that the bracelet belonged to of P.D. 705, amending P.D. No. 330, which
another and the failure to restore the same penalizes any person who directly or
to its owner is characterized by intent to indirectly cuts, gathers, removes, or
The
gain.act of PO1 Reyes of selling the bracelet smuggles timber, or other forest products
which does not belong to him and which he from any of the public forest. The Balara
only held to be delivered to its owner, is Watershed is protected by the cited laws.
furtive misappropriation with intent to gain. 2. During the preliminary investigation and
up to the trial proper, Rene and Dante
Where a finder of lost or mislaid property contended that if they were to be held liable,
entrusts it to another for delivery to the their liability should be limited only to the
owner, the person to whom such property is newly-cut logs found in their possession but
entrusted and who accepts the same, not to those found outside the gate. If you
SUGGESTED
were the ANSWER:
judge, what will be your ruling?
assumes the relation of the finder to the
The
(2.5%)contention is untenable, the presence of
owner as if he was the actual finder: if he
the newly cut logs outside the gate is
would misappropriate it, he is guilty of theft
Theft; Qualified circumstantial evidence, which, if unrebutted,
(People vs. Avila, 44 Phil. 720).
Theft
A (2002)
fire broke out in a department store, A, establishes that they are the offenders who
taking advantage of the confusion, entered gathered the same.
Theft; Stages of
the store and carried away goods which he
Execution
In (1998)
the jewelry section of a big department
later sold. What crime, if any, did he commit?
SUGGESTED store, Julia snatched a couple of bracelets
Why? (2%)ANSWER:
A committed the crime of qualified theft and put these in her purse. At the store's
because he took the goods on the occasion exit, however, she was arrested by the guard
of and taking advantage of the fire which after being radioed by the store personnel
broke out in the department store. The who caught the act in the store's moving
SUGGESTED
camera. ANSWER:
Is the crime consummated,
occasion of a calamity such as fire, when the
The crime is
frustrated, orconsummated
attempted? [5%]theft because the
theft was committed, qualifies the crime
taking of the bracelets was complete after
under Article 310 of the Revised Penal Code,
Theft; Qualified Julia succeeded in putting them in her purse.
as amended.
Theft (2002) Julia acquired complete control of the
bracelets after putting them in her purse;
Criminal Law Bar Examination Q & A (1994-2006) 74 of 86
hence, the taking with intent to gain is felony, unless the intimidation resulted in a
complete and thus the crime is more serious felony.
consummated.
Theft; Stages of 2} The crime would still be usurpation of real
Execution
Sunshine, a (2000)
beauteous "colegiala" but a rights under Art. 312, RPC, even if the said
shoplifter, went to the Ever Department Store offenders killed the caretaker because the
and proceeded to the women's wear section. killing is the Violence against persons" which
The saleslady was of the impression that she is the means for committing the crime and as
brought to the fitting room three (3) pieces of such, determinative only. However, this gives
swimsuits of different colors. When she came way to the proviso that the penalty provided
out of the fitting room, she returned only two for therein is "in addition to the penalty
(2] pieces to the clothes rack. The saleslady incurred in the acts of violence (murder or
became suspicious and alerted the store homicide] executed by them. The crime is
(People vs. Judge Alfeche, plus the fine
detective. Sunshine was stopped by the similar to a robbery where a killing is
mentioned therein.
detective before she could leave the store committed by reason thereof, giving rise only
and brought to the office of the store to oneCrimes
indivisibleAgainst
offense Chastity
manager. The detective and the manager
searched her and found her wearing the third Acts of Lasciviousness vs. Unjust
SUGGESTED ANSWER:
swimsuit under her blouse and pants. the
Was Vexation
When (1994)
is embracing, kissing and touching a
The theft was consummated because
the theft of the swimsuit consummated, girl's breast considered only unjust vexation
taking or asportation was complete. The
frustrated instead of acts of lasciviousness?
asportationorisattempted? Explain.
complete when the (5%)
offender SUGGESTED ANSWER:
acquired exclusive control of the personal The acts of embracing, kissing of a woman
property being taken: in this case, when arising either out of passion or other motive
Sunshine wore the swimsuit under her blouse and the touching of her breast as a mere
and pants and was on her way out of the incident of the embrace without lewd design
store. With evident intent to gain, the taking constitutes merely unjust vexation (People
constitutes theft and being complete, it is us, Ignacio. CA GRNo. 5119-R, September 30,
ALTERNATIVE ANSWER;
consummated. It is not necessary that the 1950). However, where the kissing,
The crime of theft was only frustrated because
offender is in a position to dispose of the embracing and the touching of the breast of
Sunshine has not yet left the store when the
property, a woman are done with lewd design, the
offense was opportunely discovered and the
article seized from her. She does not have yet same constitute acts of lasciviousness (People
Adultery
the freedom to dispose of the swimsuit she vs. Percival Gilo, 10 SCRA 753).
(2002)
A, a married woman, had sexual intercourse
was taking (People vs. Dino, CA 45 O.G. 3446). with a man who was not her husband. The
Moreover, in case of doubt as to whether it is man did not know she was married. What
consummated or frustrated, the doubt must crime, if any, did each of them commit?
be resolved in favor of the milder criminal SUGGESTED
Why? (2%)ANSWER:
Usurpation
responsibility.of Real A, the married woman, committed the crime
Rights (1996)
Teresita is the owner of a two-hectare land in of adultery under Article 333 of the Revised
Bulacan which she planted to rice and corn. Penal Code, as amended, for having sexual
Upon her arrival from a three-month vacation intercourse with a man not her husband
in the United States, she was surprised to while her marriage is still subsisting. But the
discover that her land had been taken over man who had carnal knowledge of her, not
by Manuel and Teofilo who forcibly evicted knowing her to be married, shall not be liable
her tenant-caretaker Juliana, after Concubinage
for adultery.
threatening to kill the latter if she would (1994)
Abe, married to Liza, contracted another
resist their taking of the land. Thereafter, marriage with Connie in Singapore.
Manuel and Teofilo plowed, cultivated and Thereafter, Abe and Connie returned to the
appropriated the harvest for themselves to Philippines and lived as husband and wife in
the exclusion of Teresita. 1) What crime or the hometown of Abe in Calamba, Laguna. 1)
crimes did Manuel and Teofilo commit? Can Abe be prosecuted for bigamy? 2) If not,
Explain. 2) Suppose Manuel and Teofilo killed SUGGESTED
can he be ANSWER:
prosecuted for any other crime?
SUGGESTED ANSWER:
Juliana 1) No, Abe may not be prosecuted for
1) Manuel andthe
when lattercommitted
Teofilo refused to the
surrender
crime of bigamy ...
possession
usurpation of real rights under Art. or
of the land, what crime crimes
312 of the 2) Yes, Abe, together with Connie, may be
did the two
Revised Penalcommit? Explain.
Code for employing violence prosecuted for concubinage under Art. 334
against or intimidation of persons. The threats of the Revised Penal Code for having
to kill employed by them in forcibly entering cohabited as husband and wife. But
the land is the means of committing the crime concubinage being a private crime requires
and therefore absorbed in the the sworn complaint of Liza, the offended
spouse in accordance
Criminal Law Bar Examination Q & A (1994-2006) 75 of 86
with Rule 110 of the Revised Rules on tions prejudicial to the child's development.
Criminal Procedure. The reaction of the victim, screaming for
help upon the occurrence of the touching
Concubinage indicates that she perceived her dignity was
(2002)
A is married. He has a paramour with whom being debased or violated.
he has sexual relations on a more or less Crimes Against the Civil Status
regular basis. They meet at least once a
week in hotels, motels and other places of Persons
where they can be alone. Is A guilty of any
SUGGESTED
crime? Why? ANSWER:
(3%) Bigamy
A is guilty of the crime of concubinage by (1994)
Issa and Bobby, who were first cousins, were
having sexual intercourse under scandalous married in 1975. In 1993, Bobby was told
circumstances, with a woman who is not his that his marriage to Issa was incestous
wife. under the law then in force and therefore
Having sexual relations on a more or less void ab initio. He married Caring.
regular basis in hotels, motels and other Charged with bigamy, Bobby raised the
places may be considered a scandalous defense that his first marriage is void ab
circumstance that offends public conscience, initio and therefore, there is no previous
giving rise to criticism and general protest marriage to speak of. Will you sustain
such acts being imprudent and wanton and SUGGESTED ANSWER:
Bobby's defense?
ALTERNATIVE ANSWER:
setting a bad example (People vs. Santos, 86 No. I will not sustain Bobby's defense, Bobby
A is not guilty of any crime because a remarried in 1993, or after the Family Code
SCRA 705 [1978]).
married man does not incur the crime of took effect on August 3, 1988, and therefore
concubinage by merely having a paramour, his capacity to marry in 1993 shall be
unless under scandalous circumstances, or governed by said Code. In Art. 40 of the
he keeps her in the conjugal dwelling as a Family Code, it is mandated that the absolute
mistress, or cohabits with her in any other nullity of a previous marriage maybe invoked
place. His weekly meetings with his for purposes of remarriage on the basis solely
paramour does not per se constitute of a final judgment declaring such previous
Unjust
scandalousVexation vs.
circumstance. Act of
marriage void. In short, there is a need of
Lasciviousness
Eduardo Quintos,(2006)
a widower for the past 10
a judicial declaration of such nullity
years, felt that his retirement at the age of
before Bobby may validly remarry
70 gave him the opportunity to engage in his Bigamy
(Dorothy Terre vs. Jordan Terre, 211 SCRA 6).
favorite pastime — voyeurism. If not using his (1996)
Joselito married Ramona in July, 1995, only to
high-powered binoculars to peep at his learn later on that Ramona was previously
neighbor's homes and domestic activities, his married to David, from whom Ramona had
second choice was to follow sweet young been separated for more than ten years.
girls. One day, he trailed a teenage girl up to Believing that his marriage to Ramona was an
the LRT station at EDSA-Buendia. While absolute nullity, Joselito contracted a
ascending the stairs, he stayed one step subsequent marriage with Anabelle. Can
SUGGESTED
behind her and in a moment of bravado, Joselito be ANSWER:
prosecuted for bigamy? Explain.
Yes, Joselito can be prosecuted for bigamy
placed his hand on her left hip and gently
for his subsequent marriage with Anabelle
massaged it. She screamed and shouted for
ALTERNATIVE ANSWER: even though his marriage with Ramona was
help. Eduardo wasof
The designation arrested and charged
the crime as actswith
of an absolute nullity.
acts of lasciviousness. Is the designation of
lasciviousness is not correct. There is no lewd Despite the nullity of the first marriage,
the crime correct? (5%)
design exhibited by Eduardo when he placed Joselito should have filed a case of
his hand on the left hip of the victim and dissolution of such marriage under Art. 40,
gently massaging it. The act does not clearly Family Code, before contracting a second
show an exclusively sexual motivation. The marriage with Anabelle.
crime he committed is only unjust vexation Bigamy
for causing annoyance, irritation or (2004)
CBP is legally married to OEM. Without
disturbance to the victim (Art. 287, Revised obtaining a marriage license, CBP contracted
ALTERNATIVE ANSWER: a second marriage to RST. Is CBP liable for
Penal Code), not acts of lasciviousness (Art.
The crime should be Other Acts of Child SUGGESTED ANSWER:
bigamy? Reason briefly. (5%)
336, Revised Penal Code).
Abuse under Section 10 of RA. 7610, par. b Whether CBP could be held liable for bigamy
of Section 3 that refers to child abuse or not, depends on whether the second
committed by any act, deeds or words which marriage is invalid or valid even without a
debases, degrades or demeans the intrinsic marriage license. Although as a general rule,
worth and dignity of a child as a human marriages solemnized without license are
being. In relation thereto, Section 10 null and void ob initio, there are marriages
provides criminal liability for other acts of exempted from license requirement under
child abuse, cruelty or exploitation, or for Chapter 2, Title 1 of the
other condi
Criminal Law Bar Examination Q & A (1994-2006) 76 of 86
Family Code, such as in Article 27 which is a they are not really the biological parents of
marriage in articulo mortis. If the second said child constitutes the crime of simulation
marriage was valid even without a marriage of birth.
license, then CBP would be liable for bigamy. C, the unwed mother is criminally liable for
"child trafficking", a violation of Article IV,
Otherwise, CBP is not liable for bigamy but Sec. 7 of Rep. Act No. 7610. The law
for Illegal Marriage in Art. 350 for the Revised punishes inter alia the act of buying and
Penal Code, specifically designated as ALTERNATIVE ANSWER:
selling of a child.
"Marriage contracted against provisions of The couple A and B, the unwed mother C,
laws." and the doctor being all involved in the
simulation of birth of the newborn child,
Bigamy; Prescriptive violate Rep. Act No. 7610. Their acts
Period
Joe and (1995)
Marcy were married in Batanes in constitute child trafficking which are
1955. After two years, Joe left Marcy and penalized under Article IV of said law.
settled in Mindanao where he later met and Crimes Against Honor
married Linda on 12 June 1960. The second
marriage was registered in the civil registry of Libel
Davao City three days after its celebration. (2002)
A. A was nominated Secretary of a
On 10 October 1975 Marcy who remained in Department in the Executive Branch of the
Batanes discovered the marriage of Joe to government. His nomination was thereafter
Linda. On 1 March 1976 Marcy filed a submitted to the Commission on
The crime for
complaint of bigamy
bigamyprescribed
against Joe.in fifteen Appointments for confirmation. While the
years computed from the day the crime is Commission was considering the nomination,
discovered by the offended party, the a group of concerned citizens caused to be
authorities or their agents. Joe raised the published in the newspapers a full-page
defense of prescription of the crime, more statement objecting to A's appointment They
than fifteen years having elapsed from the alleged that A was a drug dependent, that he
celebration of the bigamous marriage up to had several mistresses, and that he was
the filing of Marcy's complaint. He contended corrupt, having accepted bribes or favors
that the registration of his second marriage in from parties transacting business in his
the civil registry of Davao City was previous office, and therefore he was unfit for
constructive notice to the whole world of the the position to which he had been nominated.
celebration thereof thus binding upon Marcy. As a result of the publication, the nomination
SUGGESTED ANSWER:
Has the crime
No. The of bigamy
prescriptive charged
period for theagainst
crime ofJoe was not confirmed by the Commission on
already prescribed? Discuss fully, SUGGESTED ANSWER:
bigamy is computed from the time the crime Appointments. The
I will acquit the concernedofficial sued
citizens the
and the
was discovered by the offended party, the concerned citizens and the newspapers
newspapers involved, from the crime of libel, for
authorities or their agents. The principle of libel
becauseand damages
obviously on account
they of
made his non-
the
constructive notice which ordinarily applies confirmation.
denunciation outHowofwill you decide
a moral the case?
or social duty
to land or property disputes should not be (3%)
and thus there is absence of malice.
applied to the crime of bigamy, as marriage Since A was a candidate for a very important
is not property. Thus when Marcy filed a public position of a Department Secretary, his
complaint for bigamy on 7 March 1976, it moral, mental and physical fitness for the
was well within the reglamentary period as it public trust in such position becomes a public
was barely a few months from the time of concern as the interest of the public is at
Simulation
discovery on of10Birth & Child
October 1975. (Sermonia vs. stake. It is pursuant to such concern that the
Trafficking
A childless (2002)
couple, A and B, wanted to have a
CA, 233 SCRA 155) denunciation was made; hence, bereft of
child they could call their own. C, an unwed B. If defamatory imputations are made not
malice.
mother, sold her newborn baby to them. by publication in the newspapers but by
Thereafter, A and B caused their names to broadcast over the radio, do they constitute
be stated in the birth certificate of the child SUGGESTED
libel? Why?ANSWER:
(2%)
as his parents. This was done in connivance Yes, because libel may be committed by
with the doctor who assisted in the delivery radio broadcast Article 355 of the Revised
of C. What are the criminal liabilities, if any, Penal Code punishes libel committed by
SUGGESTED ANSWER: means, among others, of radio broadcast,
of the couple A and B, C and the doctor?
The couple A and B, and the doctor shall be inasmuch as the broadcast made by radio is
liable for the crime of simulation of birth, public and may be defamatory.
penalized under Article 347 of the Revised Libel
Penal Code, as amended. The act of making (2003)
During a seminar workshop attended by
it appear in the birth certificate of a child government employees from the Bureau of
that the persons named therein are the Customs and the Bureau
parents of the child when
Criminal Law Bar Examination Q & A (1994-2006) 77 of 86
of Internal Revenue, A, the speaker, in the land grabber she imputed to him the
course of his lecture, lamented the fact that commission of crimes.
a great majority of those serving in said
agencies were utterly dishonest and corrupt. Slander
The following morning, the whole group of (1996)
Pia, a bold actress living on top floor of a
employees in the two bureaus who attended plush condominium in Makati City sunbathed
the seminar, as complainants, filed a criminal naked at its penthouse every Sunday
complaint against A for uttering what the morning. She was unaware that the business
group claimed to be defamatory statements executives holding office at the adjoining tall
of the lecturer. In court, A filed a motion to buildings reported to office every Sunday
quash the information, reciting fully the morning and, with the use of powerful
SUGGESTED ANSWER:
above binoculars, kept on gazing at her while she
I wouldfacts,
grantonthethe ground
motion to that
quashno on
crime
the
were sunbathed. Eventually, her sunbathing
ground that the facts charged do how
committed. If you were the judge, not
would you resolve the motion? became the talk of the town. 1) What crime,
constitute an offense, since 8%there is no
if any, did Pia commit? Explain, 2) What
definite person or persons dishonored. The SUGGESTED ANSWER:
crime, if any,
1) Pia did not did the business
commit a crime, executives
The felony
crime of libel or slander, is a crime against
commit? Explain.
closest to making Pia criminally liable is
honor such that the person or persons
dishonored must be identifiable even by Grave Scandal, but then such act is not to be
innuendoes: otherwise the crime against considered as highly scandalous and
honor is not committed. Moreover, A was not offensive against decency and good customs.
making a malicious imputation, but merely In the first place, it was not done in a public
stating an opinion; he was delivering a place and within public knowledge or view.
lecture with no malice at all during a seminar As a matter of fact it was discovered by the
workshop. Malice being inherently absent in executives accidentally and they have to use
Libel binoculars to have public and full view of Pia
the utterance, the statement is not
(2005)
In an interview aired on television, Cindee 2) The business
sunbathing in theexecutives
nude. did not commit
actionable as defamatory.
uttered defamatory statements against Erika, any crime. Their acts could not be acts of
a successful and reputable businesswoman. lasciviousness [as there was no overt lustful
What crime or crimes did Cindee commit? act), or slander, as the eventual talk of the
SUGGESTED ANSWER:
Explain. (3%) town, resulting from her sunbathing, is not
Cindee committed libel for uttering directly imputed to the business executives,
defamatory remarks tending to cause and besides such topic is not intended to
dishonor or discredit to Erika. Libel can be Slander
defame orby Deed
put vs.
Pia to ridicule.
committed in television programs or Maltreatment
Distinguish (1994
slander )
by deed from
broadcasts, though it was not specifically maltreatment.
SUGGESTED ANSWER:
mentioned in the article since it was not yet SLANDER BY DEED is a crime committed
in existence then, but is included as "any when a person publicly subjects another to
similar means." Defamatory statements aired an act intended or calculated to cast
on television is similar to radio, theatrical dishonor, discredit or contempt upon the
exhibition or cinematographic exhibition, latter. Absent the intent to cast dishonor,
Slander
which are among the modes for the discredit, contempt, or insult to the offended
(1988)
For some of
commission time,
libel.bad
(Arts.blood
353 andhad existed
355, RPC) party, the crime is only MALTREATMENT
between the two families of Maria Razon and under Art, 266. par. 3, where, by deed, an
Judge Gadioma who were neighbors. First, offender ill-treats another without causing
there was a boundary dispute between them Slander
injury. vs. Criminal
which was still pending in court. Maria's Conversation
Distinguish (2004)
clearly but briefly between oral
mother also filed an administrative complaint defamation and criminal conversation.
against the judge which was however SUGGESTED ANSWER:
dismissed. The Razons also felt intimidated Oral defamation, known as SLANDER, is a
by the position and alleged influence of their malicious imputation of any act, omission,
neighbor. Fanning fire to the situation was condition or circumstance against a person,
the practice of the Gadiomas of throwing done orally in public, tending to cause
garbage and animal excrement into the dishonor, discredit, contempt,
Razon's premises. In an explosion of anger, embarassment or ridicule to the latter. This
SUGGESTED ANSWER:
Maria is a crime against honor penalized in Art. 358
Maria called Judge the
committed Gadioma
crime"land grabber",
of slander or of the Revised Penal Code.
"shameless",
slight defamation only because shecrime
and "hypocrite." What was CRIMINAL CONVERSATION. The term is used
was
undercommitted by Maria,
the influence if any?
of anger. WhenExplain
Maria in making a polite reference to sexual
briefly.
called Judge Gadioma a hypocrite and intercourse as in
Criminal Law Bar Examination Q & A (1994-2006) 78 of 86
certain crimes, like rape, seduction and
adultery. It has no definite concept as a Entrapment vs.
crime. Instigation (1995)
Distinguished entrapment from
Miscellaneous Instigation.ANSWER:
SUGGESTED
In INSTIGATION, the instigator practically
induces the prospective accused into
Corpus Delicti
commission of the offense and himself
(2001)
At a birthday party in Bogo, Cebu, A got
becomes co-principal. In ENTRAPMENT, ways
intoxicated and started quarrelling with B
and means are resorted to for the purpose of
and C. At the height of their arguments, A
trapping and capturing the lawbreaker while
left and took a bolo from his house, after
executing his criminal plan.
which he returned to the party and Instigation (1995) Suspecting that Juan was a
threatened to stab everybody. B got scared drug pusher, SPO2 Mercado, leader of the
and ran towards the seashore, with A chasing Narcom team, gave Juan a Pl00-bill and
him, B ran up a steep incline along the shore asked him to buy some marijuana cigarettes.
and was cornered on top of a cliff. Out of Desirous of pleasing SPO2 Mercado, Juan
fear, B jumped from the cliff into the sea, A went inside the shopping mall while the
returned to the scene of their confrontation officer waited at the corner of the mall. After
and seeing that nobody was there, went fifteen minutes, Juan returned with ten sticks
home to sleep. The next day, B's wife of marijuana cigarettes which he gave to
reported to the police station that her SPO2 Mercado who thereupon placed Juan
husband had not yet come home. A search under arrest and charged him with violation
was conducted by the residents of the of The Dangerous Drugs Law by selling
barangay but after almost two days, B or his marijuana cigarettes. Is Juan guilty of any
body could not be located and his SUGGESTED ANSWER:
offense punishable
Juan cannot under
be charged ofThe
anyDangerous
offense
disappearance continued for the next few Drugs Act? Discuss fully.
days. Based on the testimony of C and other punishable under The Dangerous Drugs Act.
guests, who had seen A and B on top of the Although Juan is a suspected drug pusher, he
cliff, A wasANSWER:
arrested and charged with cannot be charged on the basis of a mere
SUGGESTED
Murder. In hisofdefense, suspicion. By providing the money with
The defense A is not he claimed
tenable. that since
"Corpus
B's bodydoes
has not
not refer
been tofound, thereofwas which to buy marijuana cigarettes, SPO2
delicti" the body the no
evidence of "corpus delicti' Mercado practically induced and prodded
purported victim which had and therefore,
not been he
found.
should be acquitted. Is of
thethe
defense of A Juan to commit the offense of illegal
Even without the body purported
tenablebeing
or not? State the reason(s) possession of marijuana. Set against the
victim found, the offender canfor
beyour Entrapment vs.is a valid defense available
answer. (5%) facts instigation
convicted when the facts and circumstances Instigation
Distinguish (2003)
fully between entrapment and
to Juan.
of a crime, the body of the crime or "corpus instigation in Criminal Law, Exemplify each.
In otheriswords,
delicti" the non-recovery of the body
established. 4%
SUGGESTED ANSWER:
of the victim is not a bar to the prosecution In ENTRAPMENT -
of A for Murder, but the fact of death and 1the criminal design originates from and
identity of the victim must be established is already in the mind of the lawbreaker
beyond reasonable doubt. even before entrapment;
Corpus Delicti; Definition & 2the law enforcers resort to ways and
Elements
a) (2000) delicti". (2%) b)
Define "corpus means for the purpose of capturing the
What are the elements of "corpus lawbreaker in flagrante delicto- and
delicti"? (3%)
SUGGESTED ANSWER:
3this circumstance is no bar to
Corpus Delicti literally means "the body or
substance of the crime" or the fact that a prosecution and conviction of the
crime has been committed, but does not lawbreaker.
In INSTIGATION-
include the identity of the person who 1the idea and design to bring about the
committed it. (People vs. Pascual 44 OG 2789). commission of the crime originated and
Elements of corpus delicti: developed in the mind of the law
The actual commission by someone of the
enforcers;
particular crime charged. It is a compound
2the law enforcers induce, lure, or incite a
fact made up of two things:
1The existence of a certain act or result forming person who is not minded to commit a
the basis of the criminal charge; and crime and would not otherwise commit it,
2The existence of a criminal agency as the cause into committing the crime; and
of the act or result 3this circumstance absolves the accused
3The identity of the offender is not a necessary from criminal liability (People v. Dante
element of corpus delicti Marcos, 185 SCRA
Criminal Law Bar Examination Q & A (1994-2006) 79 of 86
Example of Entrapment: Highways and in the discharge of his
A, an anti-narcotic agent of the Government official administrative functions, did then
acted as a poseur buyer of shabu and and there willfully and unlawfully work for
negotiated with B, a suspected drug pusher and facilitate the approval of B's claim for
who is unaware that A is a police officer. A the payment of the price of his land which
then issued marked money to B who handed the government had expropriated, and
a sachet of shabu to B. Thereupon, A after the claim was approved, the accused
signaled his anti-narcotic team to close-in gave B only P1,000.00 of the approved
and arrest B. This is a case of entrapment claim of P5,000 and willfully and unlawfully
because the criminal mind is in B already appropriated for himself the balance of
Example of Instigation:
when A transacted with him. P4,000, thus causing undue injury to B and
Because the members of an anti-narcotic A has
the filed a motion to quash the information,
Government."
team are already known to drug pushers. A, contending that it does not charge an
the team leader, approached and persuaded offense. Is he correct?
B to act as a buyer of shabu and transact SUGGESTED ANSWER:
with C, the suspected drug pusher. For the Yes, the contention of A is correct. The
C. After CA handed
purpose, the sachet
gave B marked of shabu
money to B
to be used information failed to allege that the undue
and the latter handed
in buying shabu from the marked money to injury to B and the government was caused
C, the team closed-in and placed B and C by the accused's manifest partiality, evident
under arrest. Under the facts, B is not bad faith, or gross Inexcusable negligence,
criminally liable for his participation in the which are necessary elements of the offense
transaction because he was acting only charged, ie., violation of Section 3(e) of the
under instigation by the law enforcers. Anti-Graft and Corrupt Practices Act. The
Special Penal Laws accused is employed in the Office of the
District Engineer of the DPWH which has
Anti-Carnapping Act; Carnapping w/ nothing to do with the determination and
Homicide
Samuel, (1998)driver, plied his usual
a tricycle fixing of the price of the land expropriated,
route using a Honda motorcycle with a and for which expropriated land the
sidecar. One evening, Raul rode on the Government is legally obligated to pay. There
sidecar, poked a knife at Samuel and is no allegation in the information that the
instructed him to go near the bridge. Upon land was overpriced or that the payment of
reaching the bridge, Raul alighted from the the amount was disadvantageous to the
motorcycle and suddenly stabbed Samuel Government. It appears that the charge was
several times until he was dead. Raul fled solely based on the accused having followed
SUGGESTED ANSWER:
from the scene taking the motorcycle with up the payment for B's land which the
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
ANSWERS: eventually withheld for
|5%] ALTERNATIVE
Rep. Act No. 6539, as amended, considering himself
1. Yes, Afrom the price
is correct of athe
in filing said to
motion land, the
quash
that the killing "in the course or "on the amount
the of P4,000
information because forSection
his services.
3(e) of No
occasion of a carnapping (People vs. De la violation Act
Republic of Section 3(e) ofonly
3019 applies the to
Anti-Graft and
officers and
Cruz, et al. 183 SCRA 763). A motorcycle is Corrupt Actofappears.
employees government At most, the accused
corporations
included in the definition of a "motor vehicle" should bewith
charged merely charged
the grant administratively
of licenses or permits
in said Rep. Act, also known as the 'Anti- or other concessions, and not to DPWH,
Carnapping Act of 1972'. There is no 2.
whichA isisnot
notcorrect. In the case
a government of Meforda vs.
corporation.
apparent motive for the killing of the tricycle 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
The crime committed by Raul is carnapping, driver as the Information quoted in the question, the
was killed brings about the penalty
punished by Section 14 of Rep. Act No. 6539. of Supreme Court held that the Information was
reclusion
The killingperpetua
of Samuelto death.
is not a separate crime valid. While it is true that the information
but only an aggravating circumstance. quoted In the question, failed to allege
evident bad faith, gross inexcusable
Anti-Graft & Corrupt Practices - negligence or manifest partiality, said
RAis3019
A (1997)
charged with the crime defined in Information Is nevertheless adequate because
Section 3(e) of the Anti-Graft and Corrupt it averred the three (3) elements for the
Practices Act in an Information that reads: violation of Section 3(c) of RA. 3012 when it
That from 01 to 30 January 1995, in the City ofstated (1) that the accused is a public officer
at the time
and within the jurisdiction of this Honorable Court,
Pasig 154. of the commission of the crime,
[1990]).
the accused, being then employed in the Office ofbeing employed in the Office of the District
District
the Engineer, Department of Public Works and Engineer, DPWH; (2) that the 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) 80 of 86
that in the discharge of A's official Child Abuse; RA
administrative functions, he "did then and 7610 (2006)
Eduardo Quintos, a widower for the past 10
there willfully and unlawfully work for and years, felt that his retirement at the age of
facilitate the approval of his claim xxx and 70 gave him the opportunity to engage in his
"willfully and unlawfully appropriate for favorite pastime — voyeurism. If not using his
himself the balance of P4,000.00 x x x". An high-powered binoculars to peep at his
information need not employ or use the very neighbor's homes and domestic activities, his
words or language of the statute. It may also second choice was to follow sweet young
Anti-Hazing law – RA of similar import.
use words or language girls. One day, he trailed a teenage girl up to
8049 (2002)
What is hazing as defined by law? the LRT station at EDSA-Buendia. While
SUGGESTED ANSWER:
(2%) ascending the stairs, he stayed one step
Hazing, as defined by law, is an initiation rite
behind her and in a moment of bravado,
or practice as a prerequisite for admission
placed his hand on her left hip and gently
into membership in a fraternity, sorority or
massaged it. She screamed and shouted for
organization by placing the recruit, neophyte ALTERNATIVE ANSWER:
help. Eduardo
The crime was arrested
should be Other andActs
charged with
of Child
or applicant in some embarrassing or
acts
Abuse under Section 10 of RA. 7610, par. of
of lasciviousness. Is the designation b
humiliating situations such as forcing him to
the crime correct?
of Section 3 that(5%)
refers to child abuse
do menial, silly, foolish and similar tasks or
activities or otherwise subjecting him to committed by any act, deeds or words which
physical or psychological suffering or injury. debases, degrades or demeans the intrinsic
What does the law require before worth and dignity of a child as a human
initiation rites may be performed? (3%) being. In relation thereto, Section 10
SUGGESTED ANSWER:
provides criminal liability for other acts of
Section 2 of Rep. Act No. 8049 (Anti-Hazing
child abuse, cruelty or exploitation, or for
Law) requires that before hazing or initiation
other conditions prejudicial to the child's
rites may be performed, notice to the school
development. The reaction of the victim,
authorities or head of organizations shall be
screaming for help upon the occurrence of
given seven (7) days before the conduct of Dangerous Drug Act: Plea-
the touching indicates that she perceived
such rites. The written notice shall indicate Bargaining
Obie (2005)
Juan was
is suspected to orhave in his
(3) days; (b) the her dignity being debased violated.
(a) the period of names of those
the initiation to be not
activities, possession an unspecified amount of
subjected
exceeding to such activities, and (c) an
three methamphetamine hydrochloride or “shabu”.
undertaking that no physical violence shall An entrapment operation was conducted by
be employed by anybody during such police officers, resulting in his arrest following
CHILD ABUSE;
initiation rites. RA the discovery of 100 grams of the said
7610MNA
Mrs. (2004)
was charged of child abuse. It dangerous drug in his possession. He was
appears from the evidence that she failed to subjected to a drug test and was found
give immediately the required medical positive for the use of marijuana, another
attention to her adopted child, BPO, when he dangerous drug. He was subsequently
was accidentally bumped by her car, charged with two crimes: Violation of Section
resulting in his head injuries and impaired a) Are IIthe
11, Article of RAcharges
9165 for theproper?
possession of
vision that could lead to night blindness. The SUGGESTED ANSWER:
Explain.
“shabu” and violation of Section 15, Article
accused, according to the social worker on No. The use of dangerous drugs is notII
of RA 9165 for the use of marijuana.
committed when Obie Juan was also found (5%)
the case, used to whip him when he failed to
come home on time from school. Also, to to have in his possession such quantity of
punish him for carelessness in washing any dangerous drug. (See s. 11 and 16, RA. No.
She moved
dishes, to quash the
she sometimes charge
sent him on the
to bed 9165)
ground that
without supper.there is no evidence she b) So as not to be sentenced to death,
maltreated her adopted child habitually. She Obie Juan offers to plead guilty to a
added that the accident was caused by her lesser offense. Can he do so? Why?
driver's negligence. She did punish her ward SUGGESTED ANSWER:
No. Obie Juan cannot plead guilty to a lower
for naughtiness or carelessness, but only
SUGGESTED ANSWER: offense as it is prohibited under the law.
mildly. Is her motion meritorious? Reason
No, the motion to quash is not meritorious. It (Section 23, RA. No. 9165) Any person
briefly. (5%)
is not necessary that movant's maltreatment charged under any provision of this Act
of a child be "habitual" to constitute child regardless of the imposable penalty shall not
abuse. The wrongful acts penalized as "Child be allowed to avail of the provision on plea-
Abuse" under Rep. Act No. 7610 refers to the Dangerous
bargaining. Drugs
maltreatment of the child, "whether habitual Act (1998)
Superintendent Al Santiago, Chief of the
or not": this is expressly stated in Sec. 2(b) of Narcotics Division, Western Police District,
the said Law. Mrs. MNA should be liable for received information that a certain Lee Lay
child abuse. of-No. 8 Tindalo Street, Tondo,
Criminal Law Bar Examination Q & A (1994-2006) 81 of 86
Manila is a member of the 14K Gang selling Chief Inspector Gamboa and PO3 Pepito
shabu and marijuana. SPOl Lorenzo and SPO3 Lorbes who conspired in taking the attache
Peralta were instructed to conduct case are liable for the following crimes
surveillance and buy-bust operations against defined under RA. 9165: a) Sec. 27 for
Lay. Their informant contacted Lay and a misappropriation or failure to account for the
2:00 in the
meeting afternoon
was arrangedon atFebruary
T. Pinpin 14, 1993.
Restaurant confiscated or seized dangerous drugs. b)
SPO1
at Lorenzo and SPO3 Peralta, acting as Sec. 4 in relation to Sec. 3(ee) for their acts
poseur-buyers, purchased from Lay 10 sticks as protector/coddler of Dante Ong who
of marijuana and paid P500. Later, Lay In addition,
imported drugsby allowing Ong to escape
agreed to sell to them one kilo of dried prosecution for illegal importation or illegal
marijuana fruiting tops which he gave them transportation of dangerous drugs, where
at his residence. the penalty is life imprisonment to death,
The policemen arrested Lay and a search they are also liable for qualified bribery
was conducted. Found were 356 grams of under Art. 211-A of the Revised Penal Code.
marijuana seeds, 932 grams of marijuana With respect to Dante Ong, he is guilty of
fruiting tops and 50 sticks of marijuana illegal importation of dangerous drugs under
cigarettes. What offense or offenses did Lay Sec. 4, R.A. 9165, if PR 181 is an
SUGGESTED
commit? [5%]ANSWER: international flight. If PR 181 is a domestic
Lay committed the offenses of illegal selling flight, he is liable for violation of Sec. 5, RA.
of dangerous drugs and illegal possession of 9165 for illegal transportation of dangerous
dangerous drugs which should be made Dangerous
drugs. Drugs Act (6425);
subject of separate informations. Marked
At about Money (2000)
9 o'clock in the morning, a Narcom
The crime of illegal selling of dangerous Group laid a plan to entrap and apprehend
drugs is committed as regards the 10 sticks A, a long suspected drug dealer, through a
of marijuana and as regards the one (1) kilo "buy-bust" operation. At the appointed time,
of dried marijuana fruiting tops, which should B.
theA poseur-buyer
marked P100 bill was handed
approached over was
A who to A
be subject of two (2) separate informations who
then in
withturn, gave the poseur-buyer one (1)
because the acts were committed at different tea bag of marijuana leaves. The members of
times and in different places. the team, who were then positioned behind
The crime of Illegal possession of dangerous thick leaves, closed in but evidently were not
drugs is committed as regards the marijuana swift enough since A and B were able to run
seeds, marijuana fruiting tops and marijuana away. Two days later, A was arrested in
cigarettes which are not the subject of the connection with another incident. It appears
sale. Another information shall be filed for that during the operations, the police officers
this. were not able to seize the marked money but
Dangerous Drugs
Act (2006) were able to get possession of the marijuana
After receiving reliable information that
tea bag. A was subsequently prosecuted for
Dante Ong, a notorious drug smuggler, was
violation of Section 4, Article II of Republic
arriving on PAL Flight NO. PR 181, PNP Chief
Act No. 6425, otherwise known as the
Inspector Samuel Gamboa formed a group of SUGGESTED ANSWER:
Dangerous
Yes. A can be Drugs
held Act, During
liable. the trial,
The absence the
of the
anti-drug agents. When Ong arrived at the
marked money was not presented. Can
marked money will not create a hiatus in the A be
airport, the group arrested him and seized his
held liable? Explain. (2%)
prosecution's evidence as long as the sale of
attache case. Upon inspection inside the
Immigration holding area, the attache case the dangerous drugs is adequately proven
yielded 5 plastic bags of heroin weighing 500 and the drug subject of the transaction is
grams. Chief Inspector Gamboa took the presented before the court. There was a
attache case and boarded him in an perfected contract of sale of the drug (People
unmarked car driven by PO3 Pepito Lorbes. vs. Ong Co, 245 SCRA 733; People vs.
Dangerous Drugs
Zervoulakos, 241 SCRA Act
625). (6425); Plea
On the way to Camp Crame and upon nearing
Bargaining
Edgardo was(1998)
charged with importation of
White Plains corner EDSA, Chief Inspector
prohibited drugs in an information filed with
Gamboa ordered PO3 Lorbes to stop the car.
the Regional Trial Court of Kalookan City on
They brought out the drugs from the case in
June 4, 1994. The offense is punishable by
the trunk and got 3 plastic sacks of heroin.
reclusion perpetua to death. Can Edgardo
They then told Ong to alight from the car. SUGGESTED ANSWER:
avail of plea-bargaining? [2%]
Ong left with the 2 remaining plastic sacks of No, Edgardo cannot avail of plea-bargaining
heroin. Chief Inspector Gamboa advised him because the imposable penalty for his
to keep silent and go home which the latter violation of the Dangerous Drugs Act (R.A.
did. Unknown to them, an NBI team of agents No. 6425. as amended) is reclusion perpetua
had been following
SUGGESTED ANSWER: them and witnessed the to death. Section 20-A expressly provides
transaction. They arrested Chief Inspector that plea-bargaining shall not be allowed
Gamboa and PO3 Lorbes. Meanwhile, another where the imposable
NBI team followed Ong and likewise arrested
him. All of them were later charged. What are
their respective criminal liabilities? (5%)
Criminal Law Bar Examination Q & A (1994-2006) 82 of 86
penalty for the violation of said law is the Comprehensive Dangerous Drugs Act of
reclusion perpetua to death. (Sec. 20-A, R.A. 2002, regardless of the imposable penalty.
No. 6425, as amended).
Dangerous Drugs Act; Highway
Consummation
Pat. Buensuceso, of Saleas
posing (1996)
a buyer, Robbery
Police Sgt.(2001)
Diego Chan, being a member of
approached Ronnie, a suspected drug the Theft and Robbery Division of the
pusher, and offered to buy P300 worth of Western Police District and assigned to the
shabu. Ronnie then left, came back five South Harbor, Manila, was privy to and more
minutes later and handed Pat, Buensuceso or less familiar with the schedules, routes
an aluminum foil containing the shabu. and hours of the movements of container
However, before Pat, Buensuceso was able to vans, as well as the mobile police patrols,
deliver the marked money to Ronnie, the from the pier area to the different export
latter spotted a policeman at a distance, processing zones outside Metro Manila. From
whom Ronnie knew to be connected with the time to time, he gave valuable and detailed
Narcotics Command of the Police. Upon information on these matters to a group
seeing the latter, Ronnie ran away but was interested in those shipments in said
arrested thirty minutes later by other container vans. On several instances, using
policemen who pursued him. Under the
SUGGESTED ANSWER:
the said information as their basis, the gang
circumstances,
Yes, the sale of would you consider
prohibited the crime
drug is already hijacked and pilfered the contents of the
of sale of a prohibited drug already
consummated although the marked money vans. Prior to their sale to "fences" in
consummated? Explain.
was not yet delivered. When Ronnie handed Banawe, Quezon City and Bangkal, Makati
the aluminum foil containing the shabu to City, the gang Informs Sgt, Chan who then
Pat. Buensuceso pursuant to their agreed inspects the pilfered goods, makes his choice
sale, the crime was consummated. Payment of the valuable items and disposes of them
of the consideration is not an element of through his own sources or "fences". When
requisite of the crime. If ever, the marked the highjackers
P.D. were
532, otherwise traced
known asontheone occasion
Anti-Piracy
money is only evidentiary to strengthen the and Anti-Highway
and arrested, upon custodial
Robbery Act ofinvestigation,
1972. Is the
Dangerous Drugs Act; Criminal Intent
case of the prosecution. they implicated
contention of Sgt. Sgt.
Chan Chan andtenable?
valid and the fiscal
toand
A Posses (2002)
his fiancee B were walking in the plaza charged them all, including Sgt. Chan as co-
Explain, (5%)
when they met a group of policemen who principals. ANSWER:
SUGGESTED Sgt. Chan, in his defense, claimed
had earlier been tipped off that A was in No,
thatthe
he contention
should not ofbeSgt. Chan as
charged is not valid or
a principal
possession of prohibited drugs. Upon seeing tenable
but only because by express
as an accessory afterprovision
the fact of P.D.
under
the policemen and sensing that they were 532, Section 4, a person who knowingly and
after him, A handed a sachet containing in any manner, aids or protects highway
shabu to his fiancee B, telling her to hide it in robbers/brigands, such as giving them
her handbag. The policemen saw B placing information about the movement of police
the sachet inside her handbag. If B was officers or acquires or receives property
unaware that A was a drug user or pusher or taken by brigands, or who directly or
SUGGESTED ANSWER:
that what was inside the sachet given to her indirectly abets the commission of highway
No, B will not be criminally liable because she
was shabu, is she nonetheless liable under robbery/brigandage, shall be considered as
is unaware that A was a drug user or pusher ALTERNATIVE ANSWER:
the Dangerous Drugs Act? (5%) accomplice of the principal offenders and
or of the content of the sachet handed to her No, the contention of Sgt. Chan that he
punished in accordance with the rules in the
by A, and therefore the criminal intent to should be charged only as accessory after
Revised Penal Code.
possess the drug in violation of the the fact is not tenable because he was a
Dangerous Drugs Act is absent. There would principal participant in the commission of the
be no basis to impute criminal liability to her crime and in pursuing the criminal design.
in the absence of animus possidendi. An accessory after the fact involves himself in
Dangerous Drugs Act; Plea- the commission of a crime only after the
Bargaining
MNO, who is (2004)
30 years old, was charged as a crime had already been consummated, not
drug pusher under the Comprehensive before, For his criminal participation in the
Dangerous Drugs Act of 2002. During pre- execution of the highjacking of the container
trial, he offered to plead guilty to the lesser vans, Sgt. Chan is a co-principal by
offense concerning use of dangerous drugs. indispensable cooperation.
Should the Judge allow MNO's plea to the Illegal Fishing - PD
SUGGESTED ANSWER:
lesser offense? Explain briefly. (5%) 704 (1996)
Upon a laboratory examination of the fish
No, the Judge should not allow MNO's plea to seized by the police and agents of the
a lesser offense, because plea-bargaining in Fisheries Commission, it was indubitably
prosecutions of drug-related cases is no determined that the fish they were selling
longer allowed by Rep. Act No. 9165, were caught with the use of explosives.
Accordingly, the three vendors were
criminally charged with the violation
Criminal Law Bar Examination Q & A (1994-2006) 83 of 86
of Section 33 of P.D. 704 which makes it that he was not in actual possession thereof
unlawful for any person to knowingly at the time he was arrested. Are the
possess, deal in, or sell for profit any fish allegations meritorious? Explain. (3%)
which have been illegally caught. During the SUGGESTED ANSWER:
trial, the three vendors claimed that they A's allegations are not meritorious.
bought the fish from a fishing boat which Ownership is not an essential element of the
they duly identified. The prosecution crime of illegal possession of firearms and
however claimed that the three vendors ammunition. What the law requires is merely
should nevertheless be held liable for the possession, which includes not only actual
offense as they were the ones caught in physical possession but also constructive
possession of the fish illegally caught. On the possession where the firearm and explosive
SUGGESTED ANSWER:
basis of the not
above facts,the
if you were are subject to one's control and
No, I would convict three fishthe
vendors management. (People us. De Grecia, 233 SCRA
judge,
if I were the judge. Mere possessionfish
would you convict the three of such PD 46 & RA 6713 & Indirect
vendors? Explain. 716; U.S. vs. Juan, 23 Phil. 105: People vs. Soyag,
fish without knowledge of the fact that the Bribery (2006)
Commissioner
110 Phil. 565). Marian Torres of the Bureau of
same were caught with the use of explosives internal Revenue (BIR) wrote solicitation
does not by itself render the seller-possessor letters addressed to the Filipino-Chinese
criminally liable under P.D. 704. Although the Chamber of Commerce and Industry and to
act penalized in said Decree may be a malum certain CEOs of various multinational
prohibitum, the law punishes the possession, corporations requesting donations of gifts for
dealing in or selling of such fish only when her office Christmas party. She used the
"knowingly" done that the fish were caught Bureau's official stationery. The response was
with the use of explosives; hence criminal prompt and overwhelming so much so that
intent is essential. The claim by the fish Commissioner Torres' office was overcrowded
vendors that they only bought the fish from with rice cookers, radio sets, freezers, electric
fishing boats which they "duly identified", stoves and toasters. Her staff also received
renders their possession of such fish innocent several envelopes containing cash money for
unless the employees' Christmas luncheon. Has
Illegal the prosecution
Possession of could prove– that they
Firearms SUGGESTED ANSWER:
have knowledge that explosives were used in Commissioner
Yes, Commissioner Torres committed
Torres any
violated the
RA 8294 (1998)
Supposing a public school teacher
catching such fish, and the accused had impropriety or irregularity? What laws or
following:
participated in a coup d'etat using an decrees did she violate? (5%)
knowledge thereof. 1. RA. 6713 — Code of Conduct and Ethical
unlicensed firearm. What crime or crimes did
SUGGESTED
he commit? ANSWER:
[2%] Standards for Public Officials and Employees
The public school teacher committed only 2. P.D.he
when 46solicited
— Makingandit accept
punishable
gifts for public
(Sec.
coup d'etat for his participation therein. His officials
7[d]). and employees to receive, and for
use of an unlicensed firearm is absorbed in private persons to give, gifts on any
the coup d'etat under the new firearms law 3. Indirect
occasion, Bribery Christmas.
including (Art. 211, Revised Penal
(Rep. Act No. 8294). A prosecution for illegal Code) for receiving gifts offered by reason of
possession of firearm under the new law is office.
allowed only if the unlicensed firearm was
not used in the commission of another crime.
Illegal Possession of Firearms &
Ammunitions
A has long been(2000)
wanted by the police
authorities for various crimes committed by
him. Acting on an information by a tipster,
the police proceeded to an apartment where
A was often seen. The tipster also warned the
policemen that A was always armed. At the
given address, a lady who introduced herself
as the elder sister of A, opened the door and
let the policemen in inside, the team found A
sleeping on the floor. Immediately beside him
was a clutch bag which, when opened,
contained a .38 caliber paltik revolver and a
hand grenade. After verification, the
authorities discovered that A was not a
licensed holder of the .38 caliber paltik
revolver. As for the hand grenade, it was
established that only military personnel are
authorized to carry hand grenades.
Subsequently, A was charged with the crime
of Illegal Possession of Firearms and
Ammunition. During trial, A maintained that
the bag containing the unlicensed firearm
and hand grenade belonged to A, his friend,
and
Criminal Law Bar Examination Q & A (1994-2006) 84 of 86
as property which involves or relates to the proceeds of an
PD 46 unlawful activity such as jueteng. In addition, he may be
prosecuted for liability as ajueteng operator. (R.A. No. 9287)
(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 The mayor who allowed the opening of an
goods and bottles of expensive wines, easily account in his name is likewise guilty for
worth P10.000.00. The judge accepted the violation of the AMLA. He, knowing that the
gift knowing it came from A. What crime or money instrument or property involves the
SUGGESTED ANSWER: proceeds of an unlawful activity, performs or
crimes, if any, were committed?
The Judge committed the crime of Indirect fails to perform any act which results in the
bribery under Art. 211 of the Revised Penal facilitation of money laundering.
Code. The gift was offered to the Judge by Ra 3019; Preventive
reason of his office. In addition, the Judge will Suspension
A (1999)
public officer was accused before the
be liable for the violation of P.D. 46 which Sandiganbayan of a violation of Section 3 (e)
punishes the receiving of gifts by pubic of RA No. 3019, the Anti-Graft and Corrupt
officials and employees on occasions like Practices Act. Just after arraignment and even
Plunder
Christmas. under RA 7080; before evidence was presented, the
Prescriptive
Through Period
kickbacks, (1993)
percentages or Sandiganbayan issued an order for his
commissions and other fraudulent suspension pendente lite. The accused
schemes /conveyances and taking advantage questioned the said Order contending that it
of his position, Andy, a former mayor of a is violative of the constitutional provision
suburban town, acquired assets amounting to (c) Whatanpre-conditions
against ex post facto are
law.necessary to be
Will you sustain
P10 billion which is grossly disproportionate met or satisfied before preventive
the objection of the accused? Why? [2%]
to his lawful income. Due to his influence and suspension may be ordered? (2%)
connections and despite knowledge by the SUGGESTED ANSWER:
(20) years from
authorities of hishis defeat in
Ill-gotten the last
wealth, he was (b) No, I will not sustain the objection of the
elections he participated
charged with the crime of plunder in. 1) MayonlyAndy still
after accused. Suspension of the accused
be held
twenty criminally liable? Why? 2) Can the pendente lite is not violative of the
State still recover the properties and assets constitutional provision against ex-post facto
that he illegally acquired, the bulk of which is law. Ex-post facto law means making an
in the name of his wife and children? Reason (c) The pre-conditions
innocent necessary
act a crime before to be met or
it is made
SUGGESTED ANSWER:
out. satisfied before a suspension may be ordered
punishable.
1) Andy will not be criminally liable because are: (1) there must be proper notice
Section 6 of RA 7080 provides that the crime requiring the accused to show cause at a
punishable under this Act shall prescribe in specific date of hearing why he should not be
twenty years and the problem asked ordered suspended from office pursuant to
whether Andy can still be charged with the RA 3019, as amended; and (2) there must be
crime of plunder after 20 years. a determination of a valid information against
2) Yes, because Section 6 provides that PD 46
the accused
(1994) that warrants his of
suspension.
recovery of properties unlawfully acquired by Gino was appointed Collector Customs and
public officers from them or their nominees was assigned at the Ninoy Aquino
or transferees shall not be barred by International Airport, Gerry, an importer,
prescription, laches or estoppel. hosted a dinner for 100 persons at the
R.A. No. 9160 Anti-Money Westin Philippine Plaza in honor of Gino.
Laundering
Don Gabito, aAct (2005)
philanthropist, offered to fund What are the offense or offenses committed
several projects of the Mayor. He opened an SUGGESTED
by Gino and ANSWER:
Gerry?
account in the Mayor’s name and regularly Both Gino and Gerry are liable for violation of
deposited various amounts ranging from Presidential Decree No. 46, which punishes
P500,000.00 to P1 Million. From this account, any public official or employee who receives,
the Mayor withdrew and used the money for directly or indirectly, and for private persons
constructing feeder roads, barangay clinics, who give, offer any gift, present or valuable
repairing schools and for all other municipal thing on any occasion, including Christmas,
projects. It was subsequently discovered that when such gift or valuable thing is given by
Don Gabito was actually a jueteng operator reason of his official position, regardless of
and the amounts he deposited were whether or not the same is for past favor or
proceeds from his jueteng operations. What favors, or the giver hopes or expects to
SUGGESTED ANSWER:
crime/s receive a favor or better treatment in the
Don Gabitowere
violatedcommitted? Who areAct
the Anti-Money Laundering criminally
(Sec. 4,
liable?
R.A. Explain.
No. 9160) (6%) transacting money
for knowingly
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 Bar Examination Q & A (1994-2006) 85 of 86
be presumed innocent. Under the law, the President had taken his oath and assumed
accused public officers shall be suspended his office, he appointed Robert as Honorary
from office while the criminal prosecution is Consul to the Republic of Vietnam. Robert
pending in court (Sec. 13, RA. 3019). Such took his oath before the President and after
preventive suspension is mandatory to furnishing the Department of Foreign Affairs
prevent the accused from hampering the with his appointment papers, flew to Saigon,
normal course of the investigation (Rios vs. now Ho Chi Min City, where he organized his
Sandiganbayan,279 SCRA 581 (1997); Bunye staff, put up an office and stayed there for
vs. Escareal 226 SCRA 332 (1993)). Neither is three months attending to trade
there merit in Brad Kit's claim that the opportunities and relations with local
provision on suspension pendente lite applies businessman. On the fourth month, he
only to elective officials and not to appointed returned to the Philippines to make his report
ones like him. It applies to all public officials to the President. However, the Anti-Graft
Indicted upon a valid information under RA. League of the Philippines filed a complaint
No. 3019, whether they be appointive or against Robert for (1) falling to file his
elective officials; or permanent or temporary Statement of Assets and Liabilities within
employees, or pertaining to the career or
RA 3019; Public thirty (30) days from assumption of office; (2)
noncareer
Officer
The service
(2003)
Central (SegoviaSentral
Bank (Bangko vs. ng failing to resign from his businesses, and (3)
Sandiganbayan,
Pilipinas}, by a resolution of the[1998]).
288 SCRA 328 monetary falling to divest
SUGGESTED ANSWER: his shares and investments in
board, hires Theof Sto Tomas, a retired the banks
The complaintand willcorporations
not prosper ownedbecause by him,
the as
manager of a leading bank as a consultant. required by the Code
Code of Conduct of Conduct
and Ethical and Ethical
Standards for
Theof later receives a valuable gift from a Standards
Public Officialsfor Public Officials and
and Employees (Rep.Employees.
Act. No.
bank under investigation by the Central Will
6713), expressly exempts those who(5%)
the complaint prosper? Explain. serve
Bank. May Theof be prosecuted under the Government in an honorary capacity
Republic Act No. 3019 (Anti-Graft and from filing Statements of Assets and
SUGGESTED ANSWER:
Corrupt Practices Act) for accepting such a Liabilities, and from resigning and divesting
No, Theof may not be prosecuted under Rep. ALTERNATIVE
themselves ANSWER: of interest from any private
gift? Explain. 8% Yes, the complaint will prosper under Sec. 7
Act 3019, but may be prosecuted for enterprise (Secs. 8A and 9).
violation of Pres, Decree No. 46, under which of the Anti-Graft and Corrupt Practices Act
such act of receiving a valuable gift is (Rep. Act No. 3019, as amended], which
punished. requires all public officers within 30 days
Although Theof is a "public officer" within the from assuming public office to file a true,
application of the Anti-Graft and Corrupt detailed sworn statement of assets and
Practices Act (RA 3019), yet his act of liabilities. Violations of this law are mala
receiving such gift does not appear to be RA 7438-Economic
prohibita which admits Sabotage;
of no excuses. Illegal
included among the punishable acts under Recruitment
RR represented(2004) to AA, BB, CC and DD that
Rep. Act 3019 since he is not to intervene in she could send them to London to work there
his official capacity in the investigation of the as sales ladies and waitresses. She collected
bank which gave the gift. Penal laws must be and received from them various amounts of
ALTERNATIVE ANSWER
strictly construed against the State. In any RA
money for
3019;recruitment Preventive
and placement fees
Yes, Theof may be prosecuted under Rep. Act Suspension
totalling
A monthP400,000.
after (2000)
theAfter their dates
arraignment ofofBrad Kit
case, Theof is administratively liable.
3019 because he is a "public officer" within departure
Commissioner wereof postponed
the Housing several andtimes,
Land the Use
the purview of said law, and Theof received four prospects
Regulatory got suspicious
Board, who wasand went to with
charged
the valuable gift from a bank which is under POEA (Phil.
violation of Overseas
Section 3 Employment
(h) of Republic Authority).
Act 3019
investigation by the Central Bank where he is There they found
[Anti-Graft out thatPractices
and Corrupt RR was not Act) before
employed as a "public officer". Receiving gift, authorized nor licensed
the Sandiganbayan, thetoOffice
recruitofworkers for
the Special
directly or indirectly by a public officer from a SUGGESTED ANSWER:
employment
Prosecutor abroad.
filed a They
Motion sought
to
Yes. RR is guilty of a grave offense, havingSuspend refund to
Accused
party who has a transaction with the no avail. Is
Pendente RR guilty of anyto grave offense?
Government is wrong, more so when the gift- engaged inLite pursuant
illegal recruitment Section 13 of the
constituting
Explain
Anti-Graft briefly.
Law. (5%)
the offense of economic sabotage whichmotion
The Court granted the is
giver is under investigation by the and suspended
government office to which the public officer punishable with accused Brad Kit for
life imprisonment andaa period
fine
Ra 6713; of 90
of P100.000.00. days. Accused assailed the
is connected. constitutional validity of the
ECONOMIC SABOTAGE is an offense defined suspension order
Coverage
Robert Sy, a(2001)
well known businessman and a
founding member of the Makati Business on the ground
in 38(b) of the Labor that Code,
it partakes
as amended of a penalty
by
Club, aside from being a classmate of the before Judgment of conviction
Pres. Decree No. 2018, which is incurred is reached and
newly-elected President of the Philippines, is thusthe
when violative of his constitutional
illegal recruitment is carried out rightin to
had Investments consisting of shares of be
largepresumed
scale
SUGGESTED ANSWER:or innocent.
by a He
syndicate. also
It is claimed
in a large that
stocks in the Urban Bank, the PNB, the Rural this suspension
scale
The provision
when thereof arethe
order three
doeslawor
not onpartake
more suspension
of a
Bank of Caloocan City and his privately- pendente
aggrieved
penalty and liteis applies
parties, notonly
thusindividually to elective
violative or ofasBrad officials
a group.
Kit's
owned corporation, the RS Builders and it
And notis to appointed
committed
constitutional right tobyones like him.
a syndicate Rule with
when
Corporation and Trans-Pacific Air. After the reasons.
three or more(5%) persons conspire or
Criminal Law Bar Examination Q & A (1994-2006) 86 of 86
cooperate with one another in carrying out
the illegal transaction, scheme or activity.
RA 7610 – Child
Exploitation (2006)an urgent telephone call
Aling Maria received
from Junior, her eldest son, asking for
P2,000.00 to complete his semestral tuition
fees preparatory to his final exams in
Commerce. Distressed and disturbed, she
borrowed money from her compadre Mang
Juan with the assurance to pay him within 2
months. Two months lapsed but Aling Maria
failed to settle her obligation. Mang Juan told
Aling Maria that she does not have to pay the
loan if she will allow her youngest 10-year old
daughter Annie to work as a housemaid in his
house for 2 months at Pl,000.00 a month.
1. Was a crime committed by Mang Juan
Despite Aling Maria's objection, Mang Juan
when he brought Annie to his house as maid
insisted and brought Annie to his house to
for the purpose of repaying her mother's
work as a maid.
SUGGESTED ANSWER:
loan? (2.5%)
Yes. Mang Juan committed the crime of
exploitation of child labor which is
committed by any persons who under the
pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or
person entrusted with the custody of a
minor, shall, against the latter's will, retainh
im in his service (Art. 273, Revised Penal
Code). He can also be liable as an employer
for the employment of a minor below 15 yrs.
2. If under
old, Aling Maria herself
Sec. 12, was
Art. 8 made
of RA. to work as
7610.
a housemaid in Mang Juan's household to
pay her loan, did he commit a crime? (2.5%)
SUGGESTED ANSWER:
Yes. Mang Juan committed the crime of
involuntary servitude for rendering services
under compulsion and payment of debts.
This is committed by any person who, in
order to require or enforce the payment of a
debt, shall compel the debtor to work for
him, against his will, as household servant or
farm laborer (Art. 274, Revised Penal Code)