BAR EXAMINATION 2016 Questions/Pointers In Criminal Law Edilberto G. Sandoval Sandiganbayan, Presiding Justice (Ret). even if crimes were committed outside the territory ANSWER: | ad a: 3. . Against those who while being public offic PART I L What are the cases where Philippine court: have jurisdiction if the Phillppines? Against those who should commit an offense in a Philippine ship or airship; | Against those who should forge or counterfeit any coin or currency note of the Philippines; Against those who should be liable for acts cpnnected with the introduction into the Philippines of the securities of the offenses mentioned in No. 2; should commit an offense in the exercise of th national security and law of nations; andIf} committed within the Philippine embassy grq rs or employees, ir functions; and . Against those who should commit any of the crimes against an offense were unds in a foreign country, the Revised Penal Code would have jurisdiction because embassy grounds are considered an extension of sovereignty. Il. | What are the constitutional limitations on the to enact penal laws (This could also be asked In Rem ANSWER: | a No person shall be deprived of life, lib without due process of law; | No person shall be held to answer for without due process of law; and No ex post facto law or bill of attainder sha 15 ower of Congress dial law)? erty, Or property No person shall be denied of equal protection of law; criminal offense be enacted.Il. Self-defense A stabbed B without any provocation. Although B was slightly hurt on his left arm, he was able to wrestle possession of the knife from A with which he stabbed A to death. Is there self-defense? ANSWER: No, while there was unlawful aggression on the part of A, it has ceased when the unlawful aggression stops or ¢eases. Thus, the second element is wanting. There is no more reasanable necessity to kill A when he is already weaponless. | IV. | { When is a person committing a felony lidble although the wrongful act done be different from the one he intended? ANSWER: 1. Aberratio ictus (mistake in the blow). A shot B but missed and instead hit C, killing him. He is liable for Attempted homicide with Homicide (actually a complex crime) 2 Error in personae (mistake in the identity of the victim). A thought it was B, his mortal enemy wham he saw. A shot him dead. The man turned out to be C. A is criminally liable for killing C even if he had no intention to kill him. 34 Prater intentionem (Injurious result is greater than that intended). }1 slapped his wife just to inflict physical injuries but she fell on a hard pavement causing her death. H is liable for the death of his wife. | Vv. If A were driving recklessly and ran over a boy, killing the latter, the crime committed Is Reckless imprudence resulting in homicide and not Homicide thru reckless imprudence because Retkless imprudence is now a crime by itself. Vi | Three stages of a crime [Art. 6, RPC] The examples: (1) A shot B, killing him; thig is consummated Murder/Homicide. (2) A shot B inflicting serious injury that could have caused his death but because of timely medical in ervention, B was saved; this is Frustrated murder/Frustrated homicide, (3) A shot B butmissed, or A shot B but inflicted slight physical infu Attempted homicide or Attempted murder. (NB In all instances, was Intent to kill since A used a gun.) If, even with the use of a gun, A had no intent to kill, as he shot B from a distance of one meter from him, directed jt the latter’s feet (if he had Intent to kill, he would have shot him at hls body), if B were hit, the crime Is physical Injuries. If he missed hitting the feet of B, the crime is Discharge of firearm. (Art. 254, RPC) VII. In a knife-fight between A and B, the latter was wounded at the back. With the intervention of cooler heads, they were separated. Later on, their differences were patched-up and A paid for the medical expenses of B. The doctor pronounced the wound |already healed. B then went back to his farm and worked. Two months later, B came home with chills and died of tetanus poisoning. | The Supreme Court ruled that A is not liable anymore. The incubation period of tetanus toxin is one (1) week. What caused tetanus to infect B’s body is that he used his bare hands while working on the farm. A is only liable for physical injuries inflicted upon B, not for his death. VIII. What is the penalty for complex crime? The penalty for the most severe, the same to be applied in its maximum period. This is favorable to the accused. | Ix. | A planned the killing of B and monitored his movement. When A saw B entering a comfort room, he placed himself at the exit door. It so happened that C, a man who looks like B, got dut of the comfort room ahead of B. When A saw C, and believing him to be B, without employing treachery because he gave him a chance to fight, he shot C dead. Can you appreciate evident premeditation? | ANSWER: No, the plan was focused against the intended victim B and not against the mistaken victim C,