Criminal Law Bar Examination Q & A (1994-2006

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ANSWERS TO BAR EXAMINATION QUESTIONS IN

R.A. Art Rape; Theft; 148; No. Qualified Consented Direct 9160 Anti-Money Assault; Theft Abduction (2002) Teachers Laundering (2002) ............................................................................................................................................73 & Professors ..................................................................................................................................59 Act (2005) (2002) ..............................................................................................................84 .......................................................................................................45 be granted. The Philippine court has Penalties: Pecuniary Penalties vs. should Pecuniary Liabilities (2005) MITIGATING CIRCUMSTANCES ................................................................................................22 Ra 3019; Preventive Suspension (1999) ...........................................................................................................................84 ............................................................................................33 Art Rape; Theft; 148; Qualified Effect; Persons Affidavit Theft in Authority/Agents (2006) of Desistance ............................................................................................................................................73 of (1993) Persons .......................................................................................................................59 in Authority (2000) .....................................................................................45 Penalties; Complex Crime of Estafa (1997) no jurisdiction over the crime committed General Principles; Schools of thought in Criminal Law GENERAL ...............................................................................................................10 .......................................................................................................................33 Art Rape; Theft; RA 156; 3019; Stages Male Delivery Preventive Victim of PRINCIPLES Execution of(2002) Prisoners Suspension ................................................................................................................................................59 (1998) from(2000) ....................................................................................................................................73 Jail (2002) ...........................................................................................................................84 ...................................................................................................................45 Penalties; Factors Consider (1991) since it was committed onto the high seas or Mitigating; Non-Intoxication (2000) ...................................................................................................................................22 (1996) RA 3019; Public Officer (2003) .........................................................................................................................................85 ...............................................................................................................................33 Art Rape; Theft; 157; Stages Multiple Evasion of Rapes; Execution of Service Forcible (2000) of Sentence Abduction ....................................................................................................................................74 (1998) (2000) .................................................................................................................46 ...............................................................................................................59 Penalties; Homicide w/ Modifying outside of Philippine territory and on board Mitigating; Plea of Guilty (1999) ........................................................................................................................................22 1} What are the different schools of Law thought General Principles; Schools of thought in Criminal (1996) ............................................................................................10 a Circumstance Art. Rape; Usurpation Ra 6713; 134; Proper Rebellion Coverage of Real Party (1995) Rights vs. (2001) (1993) Coup (1996) ...............................................................................................................................................59 ..............................................................................................................................................85 ......................................................................................................34 d'etat ......................................................................................................................................74 (2004) ........................................................................................................................46 Penalties; in Mitigating vessel not registered or licensed the Mitigating; Plea of Guilty; Requisites (1999) .......................................................................................................................22 or theories in Criminal and describe General Principles; TerritorialityLaw (1994) .............................................................................................................................10 RA 7438-Economic Sabotage; Illegal Recruitment (2004) ...................................................................................................85 Circumstances Complex Rape; Statutory Crime; w/out Rape; Direct Aggravating Mental Assault Retardate with Circumstance murder Victim (2000) (1996) (1997) ............................................................................................................46 .......................................................................................................60 .......................................................................34 Penalties; Parricide Philippines (US vs. Fowler, 1 Phil 614) Mitigating; Plea of Guilty; Voluntary Surrender (1997) .........................................................................................................22 each 2) To what theory does our (2000) .........................................................................................10 Generalbriefly. Principles; Territoriality; Jurisdiction over Vessel CRIMES AGAINST CHASTITY ....................................................................................................74 It is the This registration vessel in This work is not intended for sale or commerce. work of is the freeware. It may w/ RA Mitigating – Voluntary Child Exploitation Circumstance (2006) (1997) .................................................................................................................................86 .......................................................................................................34 Penalties; SUGGESTED ANSWER: Mitigating; Surrender (1996) ..............................................................................................................................23 Revised Penal Code belong? Use7610 of Aliases; When Allowed (2006) ...............................................................................................................................10 CRIMES AGAINST PUBLIC PERSONAL INTEREST LIBERTY ....................................................................................47 AND SECURITY ................................................60 accordance with the laws of the Philippines, Preventive Imprisonment (1994) .......................................................................................................................34 Penalties; 1 There are two schools of thought in Criminal Acts of Lasciviousness vs. Unjust Vexation (1994) .............................................................................................................74 Mitigating; Voluntary Surrender; Elements (1999) ..............................................................................................................23 not the citizenship of her be copied and distributed. It is primarily intended for all owner, those which who Reclusion Perpetua (RA) No. 7959 (2005) .........................................................................................................35 Penalties; Law, and these are (a) the CLASSICAL THEORY, FELONIES ........................................................................................................................................10 Falsefreely Arbitrary Adultery Notes; Detention; (2002) Illegal ...............................................................................................................................................................74 Possession Elements; Grounds (1999) .............................................................................................................................47 (2006) ..................................................................................................................60 makes it a Philippine ship. The vessel being AGGRAVATING CIRCUMSTANCES .........................................................................................23 Reclusion Perpetua vs. Life Imprisonment (1994) ...............................................................................................35 Penalties; which simply means that the basis of criminal False Testimony Grave Concubinage Coercion (1994) (1998) (1994) .......................................................................................................................................................74 ....................................................................................................................................................60 ...................................................................................................................................................47 Conspiracy (1997) ..........................................................................................................................................................10 registered in Panama, the laws of Panama Reclusion Perpetua vs. Life Imprisonment (2001) ...............................................................................................35 Probation desire to have a deeper understanding of the issues touched by the Philippine liabilities is human free will, and the purpose of the Falsification; Grave Concubinage Coercion Presumption (2002) vs. Maltreatment .......................................................................................................................................................75 of (1996) Falsification of...................................................................................................................................23 Prisoner (1999) (1999) ................................................................................................................47 ..........................................................................................................61 Aggravating Circumstances Conspiracy; Avoidance of Greater Evilmust (2004)....................................................................................................................11 Law: Proper Period (2005) ................................................................................................................................35 penalty is retribution which be proportional to govern while it is in the high seas. Probation Forgery Illegal Unjust Detention Vexation & Falsification vs. vs. Act Grave (1999) of Lasciviousness Coercion ..........................................................................................................................................47 (1999) (2006) .......................................................................................................................61 ...............................................................................................................75 Aggravating Circumstances; Generis vs. Qualifying (1999) .................................................................................................24 Use of Aliases; When Allowed (2006) Conspiracy; Co-Conspirator (1998) ..................................................................................................................................11 Law; gravity Barred by (1996) Appeal (1994) ...........................................................................................................................35 Probation the of the offense; and (b) the POSITIVIST Bar Examinations and its trend. It is specially intended for law students from Grave Kidnapping Scandal (2002) ..........................................................................................................................................................61 .....................................................................................................................................................48 Aggravating Circumstances; Kinds & Penalties (1999) ........................................................................................................24 When........................................................75 can a Filipino citizen residing in this Conspiracy; Common Felonious Purpose (1994) ...............................................................................................................11 CRIMES AGAINST THE CIVIL STATUS OF PERSONS Law; Barred by ................................................................................................................................................................48 Appeal (2001)...........................................................................................................................36 Probation THEORY, which considers man as a social being Perjury Kidnapping (1996) (2006) ..........................................................................................................................................................61 Aggravating;Complex Cruelty; Relationship (1994) .........................................................................................................................24 Conspiracy; Crime with Rape (1996) ...................................................................................................................11 country use an alias legally? Give 3 Law; Maximum Term vs. Total Term (1997) ........................................................................................................36 Probation and his acts are attributable not just to his will but SUGGESTED the provinces who, very often, are recipients of deliberately distorted notes Perjury Kidnapping (1997) w/ Homicide ................................................................................................................................................................48 (2005) Bigamy (1994) ................................................................................................................................................................75 Aggravating; Must be Evade alleged in ........................................................................................................................................62 the information (2000) .......................................................................................................24 Conspiracy; Flight to Apprehension (2003) ..............................................................................................................12 instances. ANSWER: (2.5%) Law; Order Denying Probation; Not Appealable (2002) ........................................................................................36 to other forces of society. As such, punishment is Perjury Kidnapping; (2005) Effects; ................................................................................................................................................................49 Voluntary Release (2004) ..................................................................................................................62 1 Pseudonym for literary purposes. Aggravating; Bigamy (1996) Nighttime; ................................................................................................................................................................75 Band (1994) ................................................................................................................................24 Conspiracy; Flight to Evade Apprehension (2003) ..............................................................................................................12 Probation Law; Period Covered (2004) .............................................................................................................................36 not the solution, as he is not entirely to be blamed; Kidnapping; Illegal Detention; Minority (2006) ....................................................................................................................62 from other unscrupulous law schools and students. Share toin others work 2 Use of aliases cinemathis and television Bigamy (2004) ................................................................................................................................................................75 Aggravating; Recidivism (2001) ........................................................................................................................................24 Conspiracy; Implied Conspiracy (1998) .............................................................................................................................13 CRIMES COMMITTED BY PUBLIC OFFICERS .......................................................................49 Probation Law; Right; to Barred by Appeal (1995) .................................................................................................................36 law and jurisprudence should not be the yardstick Kidnapping; Proposal Kidnap (1996) .............................................................................................................................63 entertainment. Aggravating; Bigamy; Prescriptive Recidivism Period vs. Quasi-Recidivism (1995) ...................................................................................................................................76 ........................................................................................................25 Conspiracy; Implied Conspiracy; Effects (2003)(1998) .................................................................................................................13 Probation Law; Right; Barred by Appeal (2003) .................................................................................................................37 in theyou of sanction, instead the Kidnapping; Detention (1997) .....................................................................................................................63 and will be richly rewarded by God in 3 heaven. It is also very good karma. In athletics and sports activities (RA. Bribery Simulation &imposition Corruption ofSerious Birth & Illegal Child of Public Trafficking Official (2002) (2001) .....................................................................................................................76 .....................................................................................................................49 Aggravating; Treachery & Unlawful Entry (1997) ................................................................................................................25 Criminal Liability: Destructive Arson (2000) .......................................................................................................................13 Suspension of Sentence; Adults/Minors (2006) ..................................................................................................................37 underlying reasons would be inquired into. Trespass to Dwelling; Private Persons (2006) ....................................................................................................................63 6085). Direct Bribery: Infidelity in the Custody of Documents (2005) ..............................................................................................49 Criminal Liability: Felonious Act of(2003) Scaring (1996)..............................................................................................................13 Suspension of Sentence; Minors ............................................................................................................................37 ALTERNATIVE CRIMES AGAINST CIRCUMSTANCES HONOR .........................................................................................................76 ...........................................................................................25 2 We follow the classical school of thought Tresspass toImpeachable Dwelling; Rule of Absorption (1994) ..............................................................................................................64 4 Under the witness protection program Jurisdiction; Public Officers (2006) ................................................................................................................50 Criminal Liability: Felonious Act; Proximate Cause (1996) ...................................................................................................13 Suspension of Sentence; Youthful Offender (1995) ............................................................................................................38 although some provisions of eminently positivist in a person may adopt a different identity (RA. Unjust Vexation vs Acts of Lasciviousness (1994) ..............................................................................................................64 Malversation (1994) ........................................................................................................................................................50 EXTINCTION OF CRIMINAL LIABILITY ....................................................................................38 Criminal Liability: Impossible Crimes (2000) ......................................................................................................................14 Alternative Libel (2002) Circumstances; ....................................................................................................................................................................76 Intoxication (2002) ...................................................................................................................25 tendencies, like punishment of impossible crime, We would like toPROPERTY seek the indulgence of the reader for some Bar Questions 6981). Malversation (1999) ........................................................................................................................................................50 Criminal Liability; Felonious Act of Scaring (2001) ..............................................................................................................14 Libel (2003) ....................................................................................................................................................................76 CRIMES AGAINST ..................................................................................................64 Amnesty Juvenile vs. circumstances, PD 1160 (2006) ...........................................................................................................................................38 are incorporated in our PERSONS CRIMINALLY LIABLE FOR FELONIES ................................................................25 Malversation (1999) ........................................................................................................................................................50 5 When he has been baptized or Criminal Liability; Felonious Act of Scaring (2005) ..............................................................................................................14 Libel (2005)....................................................................................................................................................................77 Amnesty; Crimes Covered (2006) .....................................................................................................................................38 Code. Arson; Destructive Arson (1994) .......................................................................................................................................64 Malversation (2001) ........................................................................................................................................................50 customarily known by such alias. which are improperly classified under a topic and for some topics which are Criminal Liability; Felonious Act; Immediate Cause (2003) ..................................................................................................14 Slander (1988) ...............................................................................................................................................................77 Anti-Fencing Law; Fencing (1996) ....................................................................................................................................25 Extinction; Criminal &........................................................................................................................................................51 Civil(2000) Liabilities; Effects; Death of accused pending6 appeal (2004) ........................................................38 Arson; Destructive Arson .......................................................................................................................................64 Malversation (2006) When authorized by a competent court Criminal Liability; Felonious Act; Proximate Cause (1994) ...................................................................................................15 Slander (1996) ...............................................................................................................................................................77 Anti-Fencing Law; Fencing vs. Theft or Robbery (1995) ......................................................................................................26 Extinction; Criminal &Territoriality Civil Liabilities; Effects; Death of Offended Party (2000) Arson; New Arson Law (2004) ..........................................................................................................................................64 Malversation vs. Estafa (1999) .........................................................................................................................................51 (CA. ......................................................................38 No. 142, amended by RA. 6085). General Principles; (1994) improperly or ignorantly phrased, for the authors are as just Bar Reviewees who Criminal Liability; Felonious Act; Proximate Cause (1997) ...................................................................................................15 Slander by Deed vs. Maltreatment (1994 ).........................................................................................................................77 Anti-Fencing Law; Fencing; Elements (1995) .....................................................................................................................26 Pardon vs. Amnesty (2006) ..............................................................................................................................................39 BP 22; Memorandum Check (1994) ..................................................................................................................................65 Malversation; Properties; Custodia Legis (2001) ................................................................................................................52 7 When properly indicated in a Abe, married to Liza, contracted another Criminal Liability; Felonious Act; Proximate Cause (1999) ...................................................................................................15 Slander vs. Criminal Conversation (2004) .........................................................................................................................77 Criminal Liability; Accessories & (2004) Fence .............................................................................................................................39 (1998) ...................................................................................................................26 Pardon; Effect; Civil Interdiction BP 22; Memorandum Check (1995) ..................................................................................................................................65 Malversation; Technical Malversation (1996) .....................................................................................................................52 Certificate ofExams Candidacy (Omnibus marriage with Connie in Singapore. have prepared this work while reviewing for the Bar under timeElection Criminal Liability; Felonious Act; Proximate Cause (2001) ...................................................................................................15 Criminal Liability; Non-Exemption as Accessory (2004) ......................................................................................................26 Pardon; Effect; Reinstatement (1994) ...............................................................................................................................39 Version 1973 – 2003 MISCELLANEOUS .........................................................................................................................78 BP 22; Presumption of Knowledge (2002) .........................................................................................................................65 Public Officers; definition (1999) .......................................................................................................................................52 Code). Thereafter, Abe and Connie returned to the Criminal Liability; Principal Felonious Act; Proximate Cause (2004) ...................................................................................................16 Criminal Liability; by Direct Participation; Co-Principal by Indispensable Cooperation (2000) .....................................27 Edited and Arranged Prescription of Receipt Crimes; Bigamy (1995) ..............................................................................................................................40 Estafa & Liability; Trust Law (1995) ...................................................................................................................................65 Public Officers; Infidelity in Custody of Prisoners (1996) .....................................................................................................52 Philippines and lived as husband and wife in knowledge of the law. We would like to Criminal Impossible Crime (2004) ........................................................................................................................16 constraints and within their limited Corpus Delicti (2001) ......................................................................................................................................................78 Criminal Liability; Principal by Inducement (2002) ..............................................................................................................27 Prescription of Crimes; Commencement (2000) .................................................................................................................40 by: Estafa (1999) .................................................................................................................................................................66 Public Officers; Infidelity in Custody of Prisoners (1997) .....................................................................................................53 the hometown of Abe in Calamba, Laguna. 1) Criminal Liability; Impossible Crimes (1994) ......................................................................................................................16 Corpus Delicti; Definition & Elements (2000) .....................................................................................................................78 Criminal Liability; Principal; Inducement & Participation (1994) Janette Laggui-Icao and Prescription ofANSWER: Crimes; Commencement (2004) .................................................................................................................40 SUGGESTED Estafa vs. BP 22 (1996) ...................................................................................................................................................66 Can Abe be prosecuted for bigamy? Criminal Liability; Impossible Crimes; Kidnapping (2000) ....................................................................................................17 seek the reader’s indulgence for a lot of typographical errors in this work. Entrapment vs. Instigation (1995) .....................................................................................................................................78 ............................................................................................27 Destructive Arson (1994) CRIMES AGAINST PERSONS ....................................................................................................53 1) Prescription No, Abe of Crimes; may not Concubinage be prosecuted (2001)......................................................................................................................40 for bigamy Alex Andrew P. Icao Estafa 22 (2003) ...................................................................................................................................................66 Mala invs. SeBP vs. Mala Prohibita (1997) ................................................................................................................................17 Entrapment vs. Instigation (2003) .....................................................................................................................................78 .................................................................................................................................................27 Prescription ofbigamous Crimes; False Testimony (1994) .................................................................................................................41 since the marriage was contracted Estafa Money Market Placement .......................................................................................................................67 (Silliman University College of Law) PENALTIES .....................................................................................................................................27 Mala invs. Se vs. Mala Prohibita (1999) (1996) ................................................................................................................................17 Complex Crime; Homicide w/ Assault-Authority (1995) .......................................................................................................53 Prescription of Crimes; Simple Slander (1997) ...................................................................................................................41 or solemnized in Singapore, hence such Estafa vs. Theft (2005) ....................................................................................................................................................67 SPECIAL LAWS ...............................................................................................................79 Mala in Se vs. PENAL Mala Prohibita (2001) ................................................................................................................................17 Complex Crime; Parricide w/ unintentional abortion (1994) .................................................................................................53 Complex Crime vs. Compound Crime (2004).....................................................................................................................27 violation not one(2003) of those where the Estafa; (2005) ..................................................................................................................................................67 Mala in Elements Se vs.is Mala Prohibita Criminal Liabilities; Rape; Homicide &................................................................................................................................17 Theft (1998 No) .......................................................................................................53 CIVIL LIABILITY .............................................................................................................................41 Complex Anti-Carnapping Crime vs. Act; Special Carnapping Complex w/Document Homicide Crime vs.(2000) (1998) Delito Continuado ........................................................................................................79 (2005)by: ............................................................................28 Revised Penal Code, under Art. 2 thereof, Estafa; Falsification of Commercial .........................................................................................................67 Updated Mala Prohibita; Actual Injury Required (2000) ....................................................................................................................18 Criminal Liability; Tumultous Affray (1997) .........................................................................................................................54 Anti-Graft & Corrupt Practices RA 3019 (1997) ................................................................................................................79 Complex Crime; Aberratio ictus vs. error in personae (1994) ...............................................................................................28 may be applied extraterritorially. The general Civil liability; Effect of (2000) ...............................................................................................................................41 Estafa; Falsification of Acquittal Commercial Documents (1997) .......................................................................................................68 Malum in Se vs. Malum Prohibitum (2005) ........................................................................................................................18 Criminal Liability; Tumultuous Affray (2003) .......................................................................................................................54 Complex Anti-Hazing Crime; law – Aberratio RA 8049 Ictus, (2002) Error ....................................................................................................................................80 In Personae & governs Praeter Intentionem (1999) .................................................................28 rule on territoriality of criminal law Civil liability; Effect of Acquittal (2000) ...............................................................................................................................41 Estafa; Swindling (1998) ..................................................................................................................................................68 Motive vs. Intent (1996) ...................................................................................................................................................18 Death under Exceptional Circumstances (2001) .................................................................................................................54 General Principles; Territoriality; Jurisdiction over CHILD ABUSE; RA 7610 (2004) ......................................................................................................................................80 Complex Crime; Aberratio Ictus; Attempted Murder with Homicide (2000) ............................................................................28 the situation. Civil Liability; Subsidiary; Employers (1998) .......................................................................................................................42 Robbery (1996) ..............................................................................................................................................................68 Motive vs. Intent (1999) ...................................................................................................................................................18 Death under Exceptional Circumstances (2005) .................................................................................................................54 ReTake BarOps 2007 Vessel (2000) Child Abuse; RA 7610 (2006) ...........................................................................................................................................80 Complex Crime; Doctrine of Aberratio Ictus; Not Applicable (1996) Civil Liability; When Mandatory; Criminal Liability (2005) .....................................................................................................42 Robbery under RPC (2000) .............................................................................................................................................68 Motive vs. Intent (2004) ...................................................................................................................................................19 Homicide; Fraustrated; Physical Injuries (1994) .................................................................................................................55 After drinking one (1) case of San Miguel Dangerous Drug Act: Plea-Bargaining (2005) ....................................................................................................................80 ......................................................................................29 Complex Crimes; Coup d’etat & rebellion & sedition Damages; Homicide; Temperate Damages (2006) .............................................................................................................42 Updated by; Robbery under RPC (2001) .............................................................................................................................................68 Motive; Proof thereof; Not Essential; Conviction ......................................................................................................19 Infanticide (2006) ............................................................................................................................................................55 beer and taking two plates of (2006) "pulutan", (2003) Dangerous .................................................................................................29 Drugs Act Robbery (1998) ............................................................................................................................................80 Complex Crimes; Determination of the Crime Robbery vs. Highway (2000) ...............................................................................................................................69 Murder & Sec. 25, R.A. No. 9165 (2005) ...........................................................................................................................55 Binoy, aDrugs Filipino seaman, stabbed to death CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS .......................42 Dangerous Act (2006) ............................................................................................................................................81 (1999)..........................................................................................................29 Complex Crimes; Nature & Penalty Involved JUSTIFYING & EXEMPTING CIRCUMSTANCES ...................................................................19 Robbery w/ force upon things (2000) ................................................................................................................................69 Murder (1999) ................................................................................................................................................................55 From the ANSWERS TO BAR EXAMINATION QUESTIONS IN Sio My, a Singaporean seaman, aboard M/V (1999) ...........................................................................................................30 Dangerous Drugs Act -(6425); Marked Money ....................................................................................................................69 (2000)..........................................................................................................81 Complex Crimes; Ordinary Complex Crime Robbery w/ Homicide R.A. No. 7659 (2005) Piracy inDefinition the High Seas & Qualified Piracy (2006) .............................................................................................................42 Murder; & Elements (1999) ...............................................................................................................................56 Exempting Circumstances; Coverage (2000) .....................................................................................................................19 "Princess of the Pacific", an overseas vessel Dangerous Drugs Act (6425); Plea Bargaining (1998) ........................................................................................................81 vs. Special Complex Crime (2003) .....................................................................30 Continuing Offense vs. Delito Continuado CRIMINAL LAW by the UP LAW COMPLEX and PHILIPPINE Robbery w/Circumstances; Homicide (1996) ............................................................................................................................................70 Murder; Evident Premeditation (1996) ...............................................................................................................................56 Exempting (1998) ........................................................................................................................19 which was sailing in Minority the South China Sea. The (1994) Dangerous Drugs ...............................................................................................................30 Act; (1998) Consummation of Sale (1996) .........................................................................................................82 Death Penalty (2004) CRIMES AGAINST THE FUNDAMENTAL LAW OF THESCHOOLS STATE........................................43 Robbery w/ Homicide ............................................................................................................................................70 Murder; Homicide; Infanticide; Parricide (1999) ..................................................................................................................56 ASSOCIATION OF LAW Exempting; Minority; 11 yrs Old; Absence of registered, Discernment (2000) ........................................................................................19 vessel, although Panamanian is Dangerous Drugs Act; Criminal Intent to Posses (2002) ......................................................................................................82 ......................................................................................................................................................30 Death Penalty; Robbery w/ Homicide (2003) ............................................................................................................................................71 Murder; Reckles Imprudence (2001) Justifying vs. Exempting Circumstances (2004) .................................................................................................................20 Violation of Domicile vs. Trespass to .................................................................................................................................56 Dwelling (2002) .........................................................................................................43 owned by Lucio Sy, a rich Filipino Qualified Dangerous Rape; Drugs Act; Requisites Plea-Bargaining (2004) ..............................................................................................................31 (2004) ...................................................................................................................82 Habitual Robbery w/ Homicide; Special Complex Crime (1995) ........................................................................................................71 Murder; Treachery (1995) ................................................................................................................................................57 Justifying; Defense of Honor; Requisites (2002) .................................................................................................................20 businessman. When M/V "Princess of the Highway Robbery (2001) .................................................................................................................................................82 Delinquency & Recidivism (2001) ........................................................................................................................31 Robbery w/ Intimidation vs. Theft (2002) ...........................................................................................................................71 CRIMES AGAINST PUBLIC ORDER .........................................................................................43 Murder; Use of Illegal (2004) ..............................................................................................................................57 Justifying; Defense of Firearms Stranger (2002) ..............................................................................................................................20 Pacific" reached a Philippine Port at Cebu Indeterminate Illegal Fishing Sentence PD(1999) 704 (1996) Law (1994) .........................................................................................................................................82 .................................................................................................................................31 Robbery w/ Rape .................................................................................................................................................71 Parricide (1999) ..............................................................................................................................................................57 Justifying; Fulfillment of Duty; Requisites (2000) ................................................................................................................20 City, the Captain of Motivated; the turned over Art 134; Rebellion; Politically Committed by NPA Members (1998) ......................................................................43 Illegal Possession of Firearms – RA vessel 8294 (1998) ...............................................................................................................83 Indeterminate Sentence Law (1999) .................................................................................................................................32 Robbery w/ Rape; Conspiracy (2004) ...............................................................................................................................71 Parricide (1999) ..............................................................................................................................................................57 Justifying; SD; Defense of Honor; Requisites (1998) ..........................................................................................................21 the assailant Binoy to the Philippine Art 134-A: Coup d’ of etat &Law Rape; (2005) .............................................................................................................44 Indeterminate Illegal Possession Sentence Firearms (1999) &Frustrated Ammunitions .................................................................................................................................32 (2000) ........................................................................................................83 Robbery; Homicide; Arson (1995) .....................................................................................................................................72 Parricide; Multiple Parricide; Homicide (1997) ....................................................................................................................57 Justifying; Defense Honor; Elements (2000) ..................................................................................................................21 authorities. An information for homicide was Art 134-A; Coup d’etat (2002) ..........................................................................................................................................44 PD 46 & RA 6713 &of Indirect (2006) .......................................................................................................................83 Indeterminate Sentence LawBribery (2002) .................................................................................................................................32 Robbery; Rape (1997) .....................................................................................................................................................72 Rape (1995) ...................................................................................................................................................................58 Justifying; SD; Defense of Property; Requisites (1996) .......................................................................................................21 filed Art 134-A; against Coup d’etat; Binoy New in Firearms the Regional Law (1998) Trial ..............................................................................................................44 Court Indeterminate PD 46 (1994) ..................................................................................................................................................................83 Sentence Law (2005) .................................................................................................................................32 Theft (1998) ...................................................................................................................................................................72 SUGGESTED ANSWER: Rape; Absence of Force &Property; Intimidation (1995) ...................................................................................................................58 Justifying; SD; Defense of Requisites .......................................................................................................21 Art 136; Conspiracy to Commit Rebellion (1994) ................................................................................................................44 of Cebu City. He moved to (2003) quash the PD 46 (1997) ..................................................................................................................................................................84 Indeterminate Sentence Law; Exceptions (1999) ...............................................................................................................32 Theft (2001) ...................................................................................................................................................................73 Rape; Anti-Rape Law of 1997 (2002) ................................................................................................................................58 information for lack of jurisdiction. If you Indeterminate Sentence Law; Exceptions (2003) ...............................................................................................................33 were the Judge, will you grant the motion? Why? (5%)

10 Yes, the Motion to Quash of the 86 Information Qualifying; Penalties: Art Rape; Theft; Plunder 148; Qualified Anti-Rape under Direct Fine Elements RA Assault or Theft Law Imprisonment 7080; of (2002) of vs. a1997 Prescriptive Crime Resistance ............................................................................................................................................73 (2002) (2003) vs. Subsidiary Period ................................................................................................................................58 & .............................................................................................................................22 Disobedience (1993) Imprisonment ............................................................................................................84 (2001) (2005) ............................................................................................44 ...................................................................................33
Criminal Criminal Law Q A Examination Q 8 4 5 6 7 & Aof (1994-2006) 86 Criminal Law Law Bar Bar Examination Examination Q& &Bar A (1994-2006) (1994-2006)

2 of 86 3 9

GENERAL PRINCIPLES

Table F Oof RContents WARD

CRIMINAL LAW
ARRANGED BY TOPIC

(1994 – 2006)

The Authors July 26, 2005

Dondee

July 3, 2007

July 3, 2007

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

11 of 86 12 13

SUGGESTED ANSWER: suchthe For b) exculpatory. tetanus Suppose, physical Conspiracy infection after injuries the the tovictim of robbery, rob F,and A, would kill B the and is not four not C. A Arturo, shall being incur one fullofcriminal the two who liability devised for the the Yes. B. C andJoel, D with are liable for destructive should took per have se turns died punishable. be with held in raping it. liable therefore. the three Even daughters if it was of crime plan A, toof murder robbery thereby homicide, becomes but a B coshall arson because of the destruction of the only A inside Danilo who actually the latter's stabbed house,and but caused before not principal incur by direct criminal conspiracy. liability What because is room he of X with the use of an explosive, the hand Criminal Liability: Impossible (2000) The desistance need not actuated by physical they left, injuries they killed to Crimes the G, be whole B and family C are to desisted. needed only B'sis spontaneous an overt act desistance, and both will made grenade. for an impossible crime is is 1 What is an impossible (2%) remorse or good motive. It crime? is enough nonetheless prevent identification, liable for conspiring what crime with did Athat and the before incur criminal all Liability actsliability. of execution Arturo's areliability performed, as a SUGGESTED ANSWER: to be imposed only if the act committed 2 Is an impossible crime really a the discontinuance comes from the person for contributing four commit? Explain. positive acts which led to the exculpatory. conspirator arose Conspiracy from his toparticipation rob and kill is in not (a) Jose, Domingo, and Manolo would constitute any other crime crime? (2%) who has begun commission ofcommitted the crime realization of athe common criminal intent. B per jointly se not devising punishable. the criminal plan with under Juan, to Robbery, while Fernando committed complex The desistance need not be actuated by the Revised Code. Although the facts but before all acts of execution are positioned himself as a lookout, while C kill Jose. AndPenal it was pursuant to that crime of Robbery with Rape, Conspiracy can remorse or good motive. It is enough that involved are parallel to the case of Intod vs. performed. A person who has began the blocked F's escape. D, however, although conspiracy that Juan killed Joel. The be inferred from manner offenders the discontinuance comes from the person Court of Appeals (215 SCRA 52) , where it was commission of athe crime but the desisted, is part of the conspiracy, cannot be held liable conspiracy here is actual, not by inference committed the robbery but before the was who begun thewas commission of the crime ruled that the liability ofdone the offender was for absolved from criminal liability as rape aA reward because he left the scene could only.has The overt act pursuant to that committed by Fernando at a place "distant but before all acts of execution are an impossible crime, no hand grenade was to one, who having setthe foot on the occurred. verge of enter the house where stabbing conspiracy whereof Arturo is co-conspirator. Conspiracy; Implied Conspiracy (1998) from the house" where the robbery was performed. person who has began the used said A case, which constitutes a more crime, heeds call of his conscience Although he the was earlier part of and the Therein being a Felonious conspiracy, the act (1996) of one is Criminal Liability: Act of Scaring What is the doctrine of implied conspiracy? committed, not in the presence of the other commission of a crime but desisted, is serious crime though different from what was returns to the path righteousness. conspiracy, he did of not personally participate the act of all. therefore, should be on Alexander, anArturo, escaped convict, ran amuck SUGGESTED ANSWER: [3%] conspirators. Hence, Fernando alone should absolved from criminal liability as a reward intended, in the execution of the conspiracy crime by acts which liable as a co-conspirator but the penalty on The doctrine of rape, implied holds two board a who Superlines Bus bound for Manila In the same breath, E, the driver, cannot be answer for the rendering him liable for to one, having set foot on the verge of directly tended toward the same end (People him may be that of an accomplice only or more persons participating in the from BicolFlight andthe killed ten persons. Conspiracy; to Evade Apprehension (2003) also held liable for the infliction of physical the special crime. (People vs. crime, call of (10) his1; conscience vs. Tomoro, etcomplex al 44 Phil. 38), (Peopleheeds vs. Nierra, 96 SCRA People us. and b) The crime would be Robbery with ALTERNATIVE ANSWER: commission of a crime collectively Terrified by the incident, Carol and Benjamin A and B, both store janitors, planned to kill injuries upon F because there is no showing Canturia et. al, G.R. 108490, 22 June 1995} returns to the path of righteousness. Medrano, 114 SCRA 335) because he was not Arturo is passengers not liable because he was able Homicide ... still responsible and (implied: liable as there co-conspirators who of the bus, jumped out their are employer C at midnight andnot take the that he had knowledge of the plan to is kill F. able to actually participate in the shooting of to participate in the killing of Joel. conspiracy) although absent any agreement to that of the window and while lying unconscious money kept in the cash register. A and B Joel, having been apprehended before Conspiracy; Flight to Evade Apprehension (2003) Conspiracy itself is not punishable unless Conspiracy; Avoidance of Greater Evil (2004) effect, when they act in concert, after hitting the pavement ofthe the store, road, were together drew the sketch of where reaching the place where the crime was A B, both store janitors, planned to kill expressly provided law and this not BBand and CC, unity both of armed with knives, demonstrating criminal intent and a ran over and to death by ais fast they knew C crushed would by be sleeping, and planned committed. their employer C or at midnight andST, take the true in the case of Murder. A co-conspirator attacked FT. The victim's son, upon common purpose objective. The existence moving Desert Fox bus attack. tailing the Superlines the sequence of their Shortly before Can Alexander be held liable for the death of money kept attack, in shall the drew cash register. A and B must perform an overt act pursuant to theout seeing the his gun was of a conspiracy be inferred or but deduced Bus. midnight, A and B were ready to carry Conspiracy; Common Felonious Purpose (1994) Carol and Benjamin although he was together drew the sketch of theattackers store, where conspiracy. prevented from shooting the by from their criminal participation in pursuing the plan. When A was about to lift C's Conspiracy; Implied Conspiracy; Effects (2003) At about 9:30 in the evening, while Dino and completely unaware thathis thedagger, two jumped out they knew C would be sleeping, and planned AA, who grappled with him for of the crime and thus the act ofpossession one shall be mosquito net to thrust a police SUGGESTED ANSWER: State the concept of "implied conspiracy" Raffy were walking along Padre Faura Street, of the bus? Explain. the sequence of their attack. Shortly before the gun. the FT died from deemed act of all. knife wounds. AA, BB car with sirens can blaring passed by. Scared, B Yes, Alexander be held liable for the and its effects. 4% Manila. Johnny hit them with a rock injuring midnight, A legal and B were ready to carry out and give CC were charged with murder. ran out of the store and fled, while A went on death of Carol and Benjamin because of but SUGGESTED ANSWER: Dino at the back. Raffy approached Dino, In his defense, AA invoked justifying the plan. When A was the about to lift C's to stab C act to death, put the money in the bag, An "IMPLIED CONSPIRACY" is one which is felonious of running was the proximate suddenly, Bobby, Steve, Danny and Nonoy circumstance greater a evil or mosquito net of toavoidance thrust hisof dagger, police and ran to look for B. The latter was only inferred or deduced from the ST manner cause of outside thethe victim's death. The rule is that surrounded duo. Then Bobby stabbed injury, contending that by preventing car with sirens blaring passed by. Scared, B FELONIES nowhere in sight. Unknown to him, B had the participants the commission of crime when a person, by a Nonoy felonious act, generates SUGGESTED ANSWER: Dino. Steve, Danny, and Johnny kept from shooting BBin and CC, he merely ran out of the store and fled, while Aavoided went on already left the place. What was the carried out its AA's execution. Where the There in the mind was an of expressed another a sense conspiracy of imminent between on hitting Dino and Raffy with rocks. As a a greater evil. Will defense prosper? to stab C to death, put the money in the bag, Conspiracy (1997) participation and corresponding criminal offenders acted in concert in the commission A danger, and a B prompting to kill Cagainst and the take latter the to latter's escape from SUGGESTED ANSWER: result. Dino died, Bobby, Steve, Danny, Reason (5%) and ran briefly. outside to look for B. The latter was A had grudge F. Deciding to money. kill F, A liability of each, if any? Reasons. 8% No,the AA's defense will not prosper because of crime, meaning that their acts are The or avoid planned such killing danger and and taking in the of process, the money Nonoy and Johnny were charged with nowhere in sight. Unknown to him, B had and his friends, B, C, and D, armed (US vs. Valdez, 41 Phil, 1497; People vs. Apra, 27 SUGGESTED there ANSWER: SUGGESTED ANSWER: obviously a conspiracy in among BB, coordinated or was synchronized a way appears sustains injuries to be or dies, intimately the proceeded person related as homicide. Is there conspiracy in this case? already left the place. What was the themselves with knives and to the SCRA 1037.) There was an expressed conspiracy between Yes, there isthe conspiracy among the offenders, CC and AA, such thatare thepursuing principle a that when indicative that they common component committing crimes, felonious hence act a is special responsible complex participation and corresponding criminal house of F, taking a taxicab for the purpose. Criminal Liability: Felonious Act; Proximate Cause (1996) A and is B to kill C and take the latter's money. as manifested by their concerted actions there a conspiracy, the act of deemed one is the criminal objective, they shall be to crime for such of injuries robbery or death. with homicide. The liability of each, if any? Reasons. 8% About 20 meters from their destination, the Vicente hacked Anacleto with a bolo but the The planned killing and taking of the money against the victims, demonstrating a act acting of all, in shall govern. The of criminal ST, the be conspiracy and act their conspiracy being expressed, not just implied, group alighted afteritinstructing E, the latter was able and to parry with his hand, The legal effects of an "implied conspiracy" appears to beappears be intimately as common purpose of assaulting the victim's son, tonot beindividual. arelated legitimate liability shall collective, A and to B felonious are bound as on co-conspirators after driver, wait, traveled foot to the house causing upon him a two-inch wound on his are: a) Not all those who are present at the component crimes, hence a special complex victims. The existence of the conspiracy can defense of relatives; hence, justified as a they have planned and agreed on the of F. B positioned himself at able a distance as the will behis considered conspirators; b) The right palm. Vicente wasfrom not to hack scene ofof the crime robbery homicide. be inferred or their deduced the manner the defense of father with against the unlawful sequence of attack even before they group's lookout. C and D stood guard outside Only those who participated by criminal acts Anacleto further because three policemen conspiracy being expressed, not just offenders acted in commonly attacking Dino aggression by BB and CC. ST's act toimplied, defend committed the crime. Therefore, thehouse, principle the house. Before A could enter the D commission of the crime will be considered as in the arrived and threatened to shoot Vicente if he A and B are bound as co-conspirators after and Raffy with rocks, thereby demonstrating his father's life, cannot be regarded as an in law that when there is a conspiracy, the left the scene without the knowledge of the conspirators; and c) Mere acquiescence to co did not drop his bolo. Vicente was What AA did planned was a agreed lawful they have and on law, the a unity of criminal design to inflict harm on evil inasmuch as itto is,stop in the eyes ofdefense, the act of one is theCrime act of all, already governs Conspiracy; Complex with Rape (1996) others. stealthily the house and or approval of the commission accordingly charged by the police atfled the That BA ran out of entered the store and upon not greater evil, to allow and before CC achieve sequence of their attackBB even they their victims. a lawful act. them. InF. fact, A and B were already in the Jose, Domingo, Manolo, and Fernando, armed of the crime, without any act of criminal stabbed F ran to the street but was prosecutor's office for attempted homicide. hearing the sirens of the police car, is not their criminal objective of stabbing FT. committed the crime. Therefore, the principle store to carry out their criminal plan. participation, shall not render one criminally with bolos, at about one o'clock in the blocked by C, forcing him to flee towards Twenty-five days later, while the preliminary spontaneous desistance but flight to evade in law that when there is a conspiracy, the co-conspirator. liable as morning, robbed house atdifferent a desolate place another direction. Immediately after A Conspiracy; Co-Conspirator investigation was in progress, Anacleto was apprehension. It a would be if had B then act of one is the act (1998) of all, already governs That B ran out of the store and to fled upon where Danilo, his wife, and daughters stabbed F, A also Gthree who visiting Juan and Arturo devised a plan murder rushed to the hospital because ofwas symptoms tried to stop A stabbed from continuing with the them. In fact, A and B were already in the Criminal Liability: Destructive (2000) house, hearing the sirens of Arson the Joel's police car, is not were living. While the in not. the F. A the exiled from the house and, Joel. In narrow Juan of Thereafter, tetanus infection onfour the were two-inch wound commission of crime; he did So the store toa carry outalley theirnear criminal plan. SUGGESTED ANSWER: A, C behind and desistance D, the all big armed armalites, spontaneous but with flightand to evade process ransacking house, together with B and C,Danilo's returned to the the of the will B, hide lamppost shoot inflicted by Vicente. died act of Aof in pursuing the commission SUGGESTED ANSWER: Yes, Vicente may be Anacleto charged of homicide for proceeded to the house of X. Y, a neighbor of apprehension. It would be different if on B then Fernando, noticing that one of Danilo's waiting taxicab and motored away. G died. of F Joel when the latter passes through his following day. Can Vicente befor eventually crime which both he and B designed, A alone should be held liable the death the death of Anacleto, unless the tetanus X, who happened towill be come passing by, pointed tried to stop A from continuing with the daughters was trying to get away, ran after survived. Who are liable for the death of G way to work. Arturo from the other charged with for twenty the of planned, and homicide commenced to death commit, would G. The object of the conspiracy of five A. B, C, infection which developed days to the the room occupied. commission of theand crime; hethat did X not. So the her and finally caught up with her in a thicket and the physical injuries of F? B, end offour theculprits alley simultaneously shoot Anacleto? Explain. also be the act of B because of and D was to kill F only. Since C, and D later, was brought about by an efficient their ALTERNATIVE ANSWER: The four culprits peppered the roomofday, with act A in pursuing the commission the somewhat distant from the house. Fernando, Joel of from behind. On the appointed expressed conspiracy. Both are for the did not know of the stabbing of Gliable by A, they supervening cause. Vicente's felonious act of A shallbringing incur full criminal liability for the bullets. Unsatisfied, threw a hand crime which both A heeven andthe B authorities designed, before back the daughter to the Arturo was apprehended by composite crime of robbery with homicide. cannot be held criminally therefor. E, the causing a two-inch wound on Anacleto's right crime of robbery with Thereafter, homicide, but B shall grenade that commenced totally destroyed X's planned, and to commit, would house, raped her first. the four before reaching the alley. When Juanroom. shot driver, cannot be held liable for the palm may still be also regarded as the proximate Fernando commit? Explain. not incur criminal liability because he However, unknown to the four culprits, X was also be the act of B because of their carted away the belongings of Danilo and his Joel as planned, he was unaware that Arturo death of since the death former was completely ALTERNATIVE ANSWER: cause of G the latter's because without SUGGESTED ANSWER: desisted. B's spontaneous desistance, made not inside the room and nobody was hit or expressed conspiracy. Both are liable for the family. a)of What crime did Jose, Domingo, was arrested earlier. Discuss the criminal unaware said killing. such wound, no tetanus infection could before acts of execution are performed, is injured the Incident. Are B, C and D composite crime of robbery withA, homicide. Manoloall and liability during of Arturo, if any. [5%] develop from the victim's right palm, and liable for any crime? Explain. (3%) without

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

SUGGESTED ANSWER:

2 May ansaying act be that malum in se and be. People vs. sleepwalking so much that a teenage practically useless as all circumstances resulting in the latter's death. Code). A took B's the without latter's consent took liberty inherent impossibility itsand accomplishment attitude the as a display of of insubordination and. Cesar's weak heart and that he only intended SUGGESTED ANSWER: Yes. liable the death of Cesar or will his impossible crime of murder. one of the members of the a crew. To he convict the accused and such felonious act was the proximate left her house.the At the offense will be treated as an Criminal Liability: Impossible Crimes (1998) natural and logical consequence of next LRT station. if any. SUGGESTED hospitalized for 10 days ingesting it. secluded spot father. ZZ jumped out the threatened to kill Scott. 3. Since the road was JP. The act SUGGESTED ANSWER: that criminal liability shall be incurred by any you Idecide the appeal? If I were the ponente. how (4%) No. Arpa. 1497. On his Liability. 497} 13. Cesar died without rivalry. no crime was committed. jeepney. she died of heart attack. Aries and Randal. (5%) kidnapping. Inmay other words. committed 41 Phil. This case is parallel to the case ofa subjectively. the place. insulted and made plans to get even with the police. par. medical as U. Courtasked They affirmed thethe assistance conviction of Ella. OZ poured a substance into performed would be a crime against persons person performing a felonious act is Felipe investigation resulted in pinpointing as YO's coffee thinking it was arsenic. Liability for offender shall be mind prosecuted for the generates in the of another a sense of impossible crime arises not only when the composite crime of robbery with homicide. different from what he The that when a person. committing the felonious act is death responsible Yes. Felonious Act. if balisong. The owner of house who was and hit Belle causing her death. QC. CA. considering that they part of in great and immediate peril. byintended. Valdez. the ire The conduct wife A aroused ofhe her poison in noticed his of lunch. 41 because by his acts revving the Marivella engine of love was rejected byof his girlfriend crime intended Inherently incapable of Phil. the trial the sole connection with. SUE. with heart ailment. 27 SCRA coaches bound for Baclaran. Valdez 41 Phil. having materially inefficacy In of this the case. therefrom. a felonious act. Meanwhile Olive. minds ofBsaid may passengers be given the who mitigating tried to instead less serious physical injuries for avoid circumstance or for escape of having from it acted by jumping without out of the Criminal Liability. People vs. et al. Thereafter. held death of and B. jumped into the river but because . Whenof he accomplishment. intention (People to commit vs. into the water. element of attempted or frustrated felony (2003) One day. food. so grave 27 SCRA a wrong 1O37. causing his instant death Is XX waist. said any the person attack act done was committing with generated criminal by a intent B's felony felonious by shall Jerry act incur and of criminal hitting her Buddy. 215 SCRA 52). he suffered Commit Kidnapping" against Enrique. the impossibility committing aA felony. frightening another is not he a crime. did Jerry and Buddy commit? using his started stabbing at the SUGGESTED ANSWER: allergy to powdered milk. was kidnapped by Enrique. the ruleor is guilty of impossible crime under Art. of Yes. Upon reaching aRustom. par. Criminal Liability. of Revised heart not attack. allkill the mere accident and was not perpetrated in rather just to scare "Tocourt scare" does not accused ascribed toBelle. par. the Supreme resident ofto Barangay Pula. Impossible Crimes (1994) felony although the act done People vs. the indicate intent to kill. as in the accidental. He was trouble. What different from that which intended. A can be held criminally liable for the to a practical joke on Cesar" does not liability poison. A. consequence intent because toof kill their Luis' his wife. directed Belle crossing street. Subsequently. Felonious Act. he happened to read a newspaper left on the (Intod vs. Crimes. Impossible (2004) No. crime against persons. the poison shocked and his mind went blank for a few hospital. XX is liable ZZ's . objectively. Any when regaining consciousness. 1992. Rustom's felonious 1037). As kidnapping is a crime against criminally liable for the direct. 4. the Even by direct. Pugay. coupled with a Cesar's demand for sent the on twoOlive occasions. It turned out crimes. the prosecutor not correct in filing to a undoubtedly felonious (at least slight who tried to avoid such danger by jumping Because Cesar had a weak heart. In he U. threw himself Felipe's claim that he intended "to play of ineffectual means which OZonly thought was SUGGESTED ANSWER: "plans to get even with Cesar". he disclosed his its way to Cebu. to He went over the list of inflict physical injuries on A. natural and logical consequence he entered Cesar's room in their boarding that the ransom note was not received by caused theplaced latter to fall on her baby. par. RPC). It and turned or property. poison. and such felonious act was the SUGGESTED ANSWER: working student and could only ask Mary to the ransom note was received by Carla's Olive's hand causing her to fall over her Yes. he boarded one ofGaston's the independent of the actor's will which is an Criminal Liability. they malum were not insulted. 4. merely filed a case is ofCrime "Impossible Crime Criminal Liability. Arpa. he approached another about the sinking of the Super Ferry while on beyond his Jerry control. Mala Prohibita (1997) impatient with the progress of work. One day. etwrongful al. did not ano criminal know how liability swim. while driving a car saw bodily harm and in order to escape jumps Ella. However. Despite efforts to What alleviate A'sor actually powdered milk. the vehicle skidded attempted murder by the Regional Trial anyone. 18. drowned. attempted to remove Rustom's watch. Not knowing where seat and that the headlines were husband B. impelled by theher instinct companions to the room in the house of Elsa. During the robbery in a dwelling house. Felipe is at liable for the death of Cesar raise anchor theno Pasig River. natural the culprit and he was charged with out that the substance was white sugar personal security and not against persons or logical consequence thereof although Homicide for Cesar's death. Gaston. Fearing for his life. were it not for same prohibitum? best iftime. (Art. and seeing theagainst snake. On April 3. 4. went to Barangay Pula. poison. sustains injuries or dies. to play a practical joke onbenefit Cesar. In short. did not die because. Enrique could not have incurred an different from what he did intended (Art. The law imputes criminal surface. as long as the killing was on process. Bhey's mixing with the food eaten by Jun the matter Code). while Robin shouted Carla. Laurel. around asand she drove attended a prayer meeting of his car towards her but he one of the culprits happened to fire hisin gun that evening in another barangay Laurel. that they are not only the offender although crime criminally liable for the death of B? Code provides incriminal part that criminal liability friends but in fact rivals in courting to suppress his propensity because ALTERNATIVE ANSWER: shall be incurred by is any person committing Maryjane. after which he ran amuck and. acts of pulling out a grenade and announcing She did not openly show her preference but P500. Is the Felipe OZ criminal liability for an but he shall be given the of Mala in incurred Se vs. defense Gaston is liable for Belle's The theorized that the death killing because was a Gaston? Why? (4%) even though has no intent to Belle On appeal to Gaston the Court of Appeals. being the the guide. an act which would be an offense against which was committed (Art. applied the brakes. RFC). Batangas. (US vs. Nothing property. the assailant is responsible Whereupon. milk. Jun was not poisoned only because the would-be killers were unaware that what they mixed with the food of Jun Under Although was powdered Article A died 4. short. any. with the letter's backpack where he placed a or on account of the employment of rising in a rage. moved towards B wielding the rubber snake. way for home from office. Carla was rescued while Enrique Rustom criminally liable for the death of the proximate cause him of such death. but likewise it the is whether the killing was intentional or in escape from or avoid such dangerwhen and factual or physical impossibility. defense prosper? Why? (5%} shall be incurred by any person performing intend to commit so grave wrong as that crimes mala prohibita. for carrying her two-month old and child. The police poisoning him. in relation to Art. of an no immediate moment when sense the of victim danger above. with intent to hospital. guilty However. Enrique wrote afor ransom note demanding liable ZZ's death? Explain briefly. them thoughalthough natural B may have and no logical acted without crime resulted. 3. Jerry and Buddy are liable for the so-called passengers died later of their injuries at the stabbing at passengers and such act incurs criminal liability although the "impossible crime" because. Proximate Cause (1997) substitute known as Equal. hiding thereat was hit and killed as a of result. Arpa. would liability with his have although fists. a par. Proximate Cause (2004) causing the hospitalization and train. Suppose that. "impossible to he commit kidnapping. 1. Criminal Liability. JP. Elsa. Elsa's absence from the house is occasion of ANSWER: the robbery. Is Luis liable for the death of the wrongful act was the proximate cause of said wrongful consequence is different from what kill. the investigating prosecutor SUGGESTED ANSWER: not been for said act of Rustom. may he arise drowned. under Art. the However. that vs. before hand from Scott's waist. Revised Penal jeepney. 2. SUGGESTED ANSWER: bring and fetch her to from pavement. crime minutes. he a criminal though No.S. Enrique's hideout was discovered by baby. Is cothe OZ and YO were both courting their case for "impossible crime to commit coercion) there was no cause for Olive to fall out of the jeepney (People v. and brother. Proximate Cause (2001) case atLiability. Felonious Act Scaring against (2005) the accused if aof person familiar with because. or for purposes of. Batangas.considering Article 4 ofno the Revised Penal persuade. Jerry and Buddy would be liable in dies. Robin. 4 error of finding them ofdefense? attempted robbery. Because he himself harbored missing passengers who were presumed started hitting A withJun. May A beresulted. OZ decided to get rid of YO by crimes are limited only to acts which act is the cause of the evil caused. Elsa was not aboutat to runroom. imminent danger. GR No. moving train? State your reasons. Revised Penal perpetrate Murder. RFC. se and to usefor abusive language against the men. XX boarded the same Bhey eloped with Scott. While seated. 1988). death ofItZZ was the Cesar by scaring off somehow. unknown childhood Jun after he was orphaned. Felonious Act of and Scaring (2001) school. rode in of a Criminal Felonious Act. bar. began Explain briefly. criminally liable? What is the liability Yes. did may be wrong. is Pugay . 497. Cause (1999) guns her Fortunately. will not sustain the defense. was due to thewere employment wrongful. 27 SCRA 1037. 2. Enrique them. committed with criminal intent. could B be his act of hitting his wife with fist blows and three of them Jumping out of the train and Yes. where the victim who amount to a crime. The baby then died moments later. prompting the latter to impossibility is legal. whom B could not help but classmate. he walked as if he was attempted murder would make Art. Felipe felt parents. pulled out a grenade from histhem bag Scott's Upon reaching the house. B. Incensed that of Belle into the water. at the remonstrated they could work When Felipe intruded into Cesar's room persons or property. Anda any act done by 2. were charged and convicted of upward in the ceiling without meaning to kill slippery at that time. which is immediate sense of danger in the mind of ZZ appeared to be real in Cesar's backpack. Because thewith act which was threatened by the accused a knife. disappeared beneath the Yes. But as he fell.S. 2 cause of the vehicle toso skid and hit Belle. No. instant when was only few feet from B. par. death to and of the Criminal three passengers hastened liability is A's incurred was death. Because of their bitter kidnapping" Enrique. but not all wrongs vs. big knife and threatening to stab B. the caused of Aries strong the and death Randal current of Cesar planned or because is not to kill he a crime. is landing on the road below. his head hit the downstairs but Rustom held his (Scott's) Criminal Liability. he intended. 59. his Jerry fists. Gaston is liable for Belle's Luis Cruz was deeply hurt when his offer of a physical impossibility which renders the for such injuries or death . Felipe was a the ransom note by and mail. Felonious Act. RPC. Proximate Cause (1994) attendance 10 to Jun. Criminal liability mitigating circumstance that he did not 1 Distinguish between crimes mala inB. which Buddy placed on Jun's grandfather who had raised him from realizing that A was indeed in serious However. accepted invitation exchange for Carla's freedom. Is of the child because his felonious act was the jeepney.) his car and driving towards Belle is felonious. If ANSWER: you were ponente. 13. 27 SCRA a heart attack upon Why? opening his backpack prosecutor correct? (3%) employee. flee without being chased by incident Luis. XXhouse. a crime him while committing a felony is no less the latter. Had Itan XX's felonious act which created house a rubber snake which Carla'sand parents. for homicide who is of Criminal Liability. Immediate Cause Buddy always resented his classmate. Buddy planned to kill Jun by mixing 1037).000. whereabouts. evidently What criminal liability did OZ incur. 1. went to in which required such medical attendance. renders and announced a hold-up. He told ZZ to Rustom inquired from Scott about his sister's liable for the resulting injury. they tried to poison Jun and thus three passengers who jumped out of the passengers' jumping out of the train.00 from and Carla's in approached Rustom Scott to parents pacify a hold-up. himself to be in danger of death or great automatic weapons. because of his severe pains. In his defense. He Proximate revved the engine drowning. Impossible over her baby. immediately brought her to was the to both Buddy and Jerry. Was gaston SUGGESTED ANSWER: Court at Tanauan. the offender isof liable wrongful act done be different from that attempted murder and instead find them therefore although it not be intended which he intended. The latter then of went the tricycle driver paid by her parents to vehicle. All the three was committing a felony when he started SUGGESTED ANSWER: the same? [2%] felonious. days par. her over.death because his Maryjane had two suitors Felipe Cesar. JP. (5%) their deaths. (People v. Penal the InCode. had reported him. RPC. Will you sustain the Why? SUGGESTED of the Revised Penalthe Code. Rustom is criminally liable for the proximate cause of ZZ's jumping out death of the see a movie which was declined. Moments after B evil plan. hence he intended (Art. wallet and and cellphone. Jun hada to be that she had been suffering from lingering [3%] B could beANSWER: held liable forfor parricide because passengers who then scampered away. Incensed with anger almost can get poison. At the of In the problem given. 1. Kidnapping (2000) surrender his Impossible watch. Felipe not liable because the act be of Criminal Liability. the person ALTERNATIVE Criminal Felonious Act. the answer would not be the same as which such poison intent created Jun is iscriminal. et al. A the person committing a felonious 1. Jun.ZZ Their act Valdez. accomplishing the crime of murder. was Stated otherwise. was arrested and the incarcerated. Whereupon. means contributed the employed. Felipe was already inadequate or ineffectual means (Art. 4 years old. resulting in the latter's death. (5%) Scott. But Rustom pulled felonious. provides in will part murder. constituted Such the felonious wrongful a act crime act done was the against be persons immediate different were cause from it not of the that for heart the which inherent attack. one afternoon when visited her. wallet and cellphone of ZZ is to concerts by Regine Pops. Stated snatcher was able to consummation grab his cell phone and which prevented the of the otherwise. What crime. and Randal fired their herthe by trying to Aries make it appear that he was for homicide in case death results by Criminal Liability. apparently believing himself to be against persons. Considering child? Rustom's act of pulling Olive's hand which of direct. Felipe the claimed that he not know about SUGGESTED ANSWER: While crew of a steamer prepared to happened to crime" YO after drank the coffee. Nov. Luis is liable for their deaths because he Would yourof? answer held guilty 8% to the first question be therewith inflicting physical injuries on her. gave A suddenly resentment towards Buddy a dead and came across the name of his complained of severe chest pains. act felonious of lack trying of act to 2. Gaston decided to scare self-preservation. Apra. felonious act. Felonious Act. the death of Belle was direct. all armed with a neighbor and reported him to the police. the elder sister.Criminal Law Bar Examination Q & A (1994-2006) 14 of 86 15 16 JP. if any? There is thus impossible crime of 74324. assault at about 10:00 in the Belle saw Gaston stealing prized cock of whom a criminal isthe directed believes evening. 4. 4. I will set aside the being felonious anda the proximate cause person committing felony although the of judgment convicting the accused the victim's death.

an act is by nature SUGGESTED prohibita"(3%) In "mala evil in se". nature wrong. RA. while in of "mala prohibita". an Importer of children's clothes and toys. Motive Se Intent vs. Revised Penal Code. Yet. The moral trait of the offender is involved. Sunico. evil Modifying the because there is of a participation law prohibiting them for offender's extent in the crime. In the discharge of a valid defense. and thus good faith or lack of criminal intent in doing the prohibited act is not a defense.000 units of video cassette recorders with taxes and duties computed at P600. the acts are not by criminal intent? nature wrong. thus. it is Malum in Se vs. good faith or lack of criminal intent or malice is not a defense. the taxes and duties of which were computed at P60. and so generally condemned. acts constituting the wrong. may the accused be nevertheless convicted for an offense punished by the Revised Penal Code under the facts of the case? Explain. SUGGESTED ANSWER: Distinguish " mala in se" from " mala (2%) In crimes ANSWER: malum in se. commercial Since it is punished documents. evil. public good. modifying punishable only for considered public good. Carlos Gabisi. . an act is not by the moral mala trait of the offender is Involved in offender.00. (3%) b) Assuming that the attempted inspectors and poll clerks to include a voter's or frustrated name in the stage of the violation charged is not punishable. Yto engaged Mr. crimes mala prohibita are those negligence. 3019 which makes it Crimes mala in se are felonious acts unlawful among others. aggravating circumstances are appreciated in imposing the penalties. in their respective concepts and legal implications. law (Sec.. Actual Injury Required (2000) Mr. However. constituting the crimes are not inherently unless the crime is the result of criminal bad. and that in fact the prohibitum at the same time.. In legal implications: In crimes mala in se. penalty: these are not so in "mala prohibita" Mala in vs. In their motion for considered wrong only because they are reconsideration. Mr. a private Individual. Ocuarto a packing list. (3%) . Crimes mala prohibita are those where the acts penalized are not inherently bad. while in crimes mala prohibita. the acts are by nature wrong. Rico Yto. mitigating and consummated. criminal liability is generally incurred in crimes mala in se even when the crime is only attempted or frustrated. 101 and 103. Yto submitted to Mr. Mala Prohibita. Gabisi and Mr. who discovered that the contents of the van (shipment) were not children's toys as declared in the shipping documents but 1. The moral trait of or the offender hence involves the faith moral traitsof of the involved. it is punished "mala in se". of his both right areto liable vote. it is enough that the prohibition was voluntarily violated. 4% In concept: Crimes mala in se are those where the acts or omissions penalized are inherently bad. good faith or lack of criminal intent/ negligence is a defense. between crimes mala in se and crimes mala prohibits. Correspondingly. results from criminal negligence. or wrong but prohibited by law for public good. evil or bad. (2%) 2 May crime be committed without In crimes mala prohibita. and Mr. Yto were charged with and convicted for violation of SUGGESTED ANSWER: Section 3(e) of R. circumstances. They constitute decision was erroneous because the crime SUGGESTED SUGGESTED ANSWER: ANSWER: violations of mere rules of convenience was not consummated butaccused was only at malum an Yes. or bad. Mr. good or lack criminal offender. Further investigation showed that Moonglow is non-existent. for In this attempted regard it estafa is considered thru falsification as malum of in se.00. for public officers to committed by dolo or culpa as defined in the cause any undue Injury to any party. of attempted Explain. Consequently. the acts Intent on the part the offender is a defense.A. and represented themselves as agents of Moonglow Commercial Trading.000. while in crimes mala prohibita. Mala in Se vs. They are punished only because there is a law prohibiting them for public good. because circumstances are inAnd punishing the In crimes prohibitum. Diether Ocuarto. Correspondingly. Mala Prohibita (1999) Distinguish malum in se from malum prohibitum. an act may be of malum in se and Yes. Distinguish. modifying circumstances are considered in punishing the Mala in Se vs. while in crimes mala prohibita.000. a commercial invoice. Malum Prohibitum (2005) considered malum prohibitum. se because Actual it disenfranchises injury is required. and of thus good faith or lack of and the degree accomplishment of the criminal intent in doing the prohibited actthe is crime are taken into account in imposing not a defense. v. evil or wrong but prohibited and made negligence. In crimes mala in se. good faith or lack of criminal Intent on the part of the offender is a defense. Mala (1996) Prohibita (2001) where criminal liability arises only when the Briefly Distinguish 1 state what essentially intent fromdistinguishes motive in a acts are consummated. A hold order and warrant of seizure and detention were then issued by the District Collector of Customs. crime mala Criminal Law. a bill of lading and a Sworn Import Duty Declaration which declared the shipment as children's toys. Mr. Gabisi and Mr. a spot check was conducted by Customs Senior Agent James Bandido. or the bad. et aL. public welfare or interest and whoever violates the prohibition are penalized. criminal liability is generally incurred only when the crime is Also in crimes mala in se. evil. As a rule. Ocuarto to prepare and file with the Bureau of Customs the necessary Import Entry and Internal Revenue Declaration covering Moonglow's shipment. Mr. or wrong that they are almost universally condemned. prohibita from a crime mala in SUGGESTED ANSWER: se. In People crime was not consummated is correct. of the affairs of society. before the shipment was released. (CA 50 OG 5880) it was 3019 is a special law punishing acts malaheld a) Is the both accused that thecontention omission or failure of correct? election prohibita. a customs guard. the contention the the designed to secure a more orderly that regulation attempted stage. Mala Prohibita (2003) offender.Criminal Law Bar Examination Q & A (1994-2006) 17 of 86 18 violation registry list of a ofspecial voters law is wrong is notper punished. evil or bad. a voter Yes. On the evident bad faith or gross inexcusable other hand. and so generally crimes are inherently evil. SUGGESTED ANSWER: Also. under a complex a specialcrime. Ocuarto filed the aforementioned documents with the Manila International Container Port. thus. Gabisi and Mr. the accused alleged that the prohibited by statute. a customs broker. Lack of criminal intent is including the Government. bad wrong. and is condemned. Government did not suffer any undue injury. Revised Election Code). went to the office of Mr. such circumstances are not appreciated unless the special law has adopted the scheme or scale of penalties under the Revised Penal Code. unless the crime is the result of criminal negligence. except when the crime official functions through manifest partiality.

when the victim. while motive is the moving power which impels a person to act for a definite result. Intent is an ingredient of dolo or malice and thus an element of deliberate felonies. who is a particular means to effect such results. Intent (2004) Distinguish clearly but briefly between intent and motive in the commission of an offense. Intent is the purpose for using a particular means to achieve the desired result. while motive is not an element of a crime but only considered when the identity of the offender Motive. Conviction (2006) is in doubt.Criminal Law Bar Examination Q & A (1994-2006) It is not necessary to prove motive when the offender is positively identified or the criminal act did not give rise to variant crimes. Motive. Motive vs. Motive is essential in the determination of the commission of a crime and the liabilities of the perpetrators. conviction. always precede the intent. person in authority or agent of a person in authority was attacked in the actual performance Motive is not an essential element of a felony and need not be proved for purpose of of his duty (Art. a crime may be committed without criminal intent if such is a culpable felony. (3%) 1 "Motive " is the moving power which impels a person to do an act for a definite result. Proof thereof. Motive is not an element of a crime but intent is an element of intentional crimes. Motive vs. and also in a malum prohibitum or if an act is punishable by special law. whereas intent is the purpose to use a 4 In direct assault. wherein Intent is substituted by negligence or imprudence. Intent (1999) 1 Distinguish "motive" from "intent". What are the instances where proof of motive is not essential or required to justify conviction of an accused? SUGGESTED ANSWER: Give at least 3 instances. Revised Penal Code). 2 When is motive relevant to prove a case? When is it not necessary to be SUGGESTED ANSWER: established? Explain. Not Essential. impels one to action for a definite result. 2 Motive is relevant to prove a case when there is doubt as to the identity of the offender or when the act committed gives rise to variant crimes and there is the need to determine the proper crime to be imputed to the offender. while intent is an essential 5 In crimes committed through reckless element of felonies by dolo. if attending a crime. imprudence. 2 Yes. 2 When the accused admitted or confessed to SUGGESTED ANSWER: 1 Motive is the moving power which the commission of the crime. 3 In crimes mala prohibita. SUGGESTED ANSWER: . 148. while "intent" is the purpose for using a particular means to bring about a desired result. (5%) 1 When there is an eyewitness or positive identification of the accused.

with the intention of having a is where the prosecution proved that the act night out with his friends. took the coconut was committed with discernment. (Art. Due to the injury. where she b) No. shot Petra at SUGGESTED ANSWER: the back of her head causing her No. Penal Code. The sentence. exempting circumstance under Article 12.. brother of B. John is not criminally liable for killing instantaneous death. A discretionary penalty lower by at least two (2) degrees than that prescribed for the crime committed shall be imposed in accordance with Article 68. old although nine (9) years of age. 2 If found criminally liable. Minority. 332 because said Article applies it was proved that she acted with only to theft." This enraged John who got his father's revolver. Here. (3%) using in class at the time. 11 yrs Old. Pomping repeatedly pulled the ponytail of Katreena. the ordinary as "Family Courts Act of 1997"... she executed a statement admitting her culpability. paragraph 3. Act No. SUGGESTED ANSWER: be considered are: a) A is criminally liable for Robbery with 1 Minority of the accused as an force upon things. She is however civilly liable. Irritated. however. and this is coconut shell outside of their home in the strengthened by the fact that Katreena only 1 What is the criminal liability of A. under Article 13. RPC).. Penal Code. if any? presence of his friends. par. and without warning. Realizing what she had caused. Rev. reacted with a ballpen which she must be Explain. and 2 The ordinary mitigating circumstance of sufficient provocation on the part of the offended party immediately preceded the act. such minor acted the accused acted their common key. Is John criminally Petra because he is only 8 years old when liable? [2%] he committed the killing. The shell which is being used by B as a bank for burden is upon the prosecution to prove that coins from inside their locked cabinet using The presumption iswith thatdiscernment. is fond of watching the television program "Zeo Rangers. (2%) b) The attendant circumstances which may accidental. 2. Minority . she freely admitted to the school principal that she was responsible for the injury to Pomping's eye. Exempting. swindling or malicious mischief. unless under Art. Coverage (2000) exempt from criminal liability. she is generally Exempting Circumstances. Being a minor CIRCUMSTANCES circumstances and effects (2%) over less than fifteen (15) yearsthereof. Katreena is not criminally liable JUSTIFYING & EXEMPTING Why? (3%) b) Discuss the attendant although she is civilly liable. Katreena immediately helped Pomping. Pomping lost his SUGGESTED ANSWER: right eye. 2 months and 13 days old classmate in Grade 5 at the Sampaloc Elementary School. The exception A. the minority of the accused as a privileged mitigating circumstance. A is not exempt from criminal liability shall be exempt from criminal liability. Forthwith. Absence of Discernment (2000) While they were standing in line awaiting their vaccination at the school clinic. The top of the ball pen hit the right eye of Pomping which bled profusely. the injury was brother of B? Explain. After the incident. Petra.Criminal Law Bar Examination Q & A (1994-2006) John. a maid changed the channel to enable her to watch "Home Along the Riles. an eight-year old boy. a) Is Katreena criminally liable? a) No. A minor below nine (9) years old is absolutely exempt from criminal liability although not from civil liability. 19 of (1998) 86 Exempting Circumstances. the crime committed is robbery. 12. When investigated. paragraph 3. Penal Code. mitigating circumstance of not Intending to commit so grave a wrong as that committed. Katreena turned around and swung at Pomping with a ball pen. In other words. and only to stop 2 Is A exempted from criminal liability under Pomping's vexatious act of repeatedly pulling Article 332 of the Revised Penal Code for being a her ponytail. Rev. discernment. his 11 years. paragraph 1. A broke the without discernment. should automatically be suspended in accordance with Section 5(a) of Rep. Rev. 8369 otherwise 1 known Also if the found criminally liable." One evening while he was engrossed watching his favorite television show.

hence considered as not a crime. in an 4 Exempting There being no crime nor criminal. In Justifying 1 The circumstance affects the act. not the actor. In justifying circumstance. 2 The act is felonious and hence a crime but the actor acted without voluntariness. no criminal and. civil liability is generally incurred although there is no criminal liability. [3%] 1. not Circumstances : the actor. Whereas. not the act. 1 affects the actor. Exempting Circumstances (2004) Distinguish clearly but briefly: Between justifying and exempting circumstances in SUGGESTED ANSWER: criminal law. while in exempting circumstance. while exempting circumstance affects the actor. there is no criminal because the actor is regarded only as an instrument of the crime. 3 Although there is a crime. Justifying circumstance affects the act. Exempting Circumstances (1998) Distinguish between justifying and exempting circumstances. there is no criminal nor civil liability. generally. not Circumstances : there isThe no circumstance the act. criminal. no civil liability is incurred. 3 Since the act is not a crime. SUGGESTED ANSWER: .Justifying vs. 4 There being a wrong done but no criminal. 2 The act is done within legal bounds. Justifying vs.

a neighbor. there wasand no need for out an honest mistake of fact therefore Pat. B already ran away.the Should the claim not be sustained because aggression on be sustained? (5%) her honor hadWhy? ceased when she stabbed the aggressor. Although the ALTERNATIVE ANSWER: Pat. but because profuse bleeding. aggression defend against and no (1996) defense Justifying. invoke by the benefit of the killed the latter. daughter. Requisites (2002) when the aggressor was injured or disabled When But if the A arrived aggression home. In People vs. injured or Upon disabled seeing party A. came to her to buy bottles midnight. Enraged. Jun-Jun continued to run and even assuming the facts to be true in his given he the circumstances. requires as a condition. Requisites (2000) Code. Osang"s claim of defense of honor should claimed defense of honor. be convicted or when about 7 meters away.serious the man said. Una. who was had the an unsavory to incomplete self-defense. a young of married woman. Reyes introduced unfortunate turned out to be brotherhimself as a victim policeman and tried toaget hold in-law on his way to the and kitchen to get some of Jun-Jun who resisted ran away. the case A atclaimed bar. SD. the Reyes was firing a gun at a burglar unless life and about 5 the meters away. defense Pat. because his had earlier challenged the three men to a claim ofshot having acted in defense of property fight. The unlawful aggression must be continuing Justifying. as Justifying. Defense of Honor. There such considered unlawful aggression being no indication that A was induced 121 by on property rights. as with in homicide. elements a crime? 4% SUGGESTED was soundANSWER: asleep in her bedroom when she A qualifying circumstance would beit deemed felt a man on top of her. Clearly. honest mistake of Reyesnegatives acted beyond the call of duty fact criminal intent andwhich thus brought the cause of death of the absolves about the accused from criminal liability. 257). A correct? Paragraph If not. admitting that when act the is latter was about to stab B. When tried for homicide. No. Osang continued her sleep but allowed the man. however. vindication of a grave offense committed B already ran away. It is required inter alia that there be (1) unlawful aggression. Pat. Jun-Jun was there is no unlawful aggression on his person hit fell down but he crawled towards is and not he justified. a married woman in her early twenties. . Elements of a Crime (2003) Justifying. "I hope heavier penalty. When lights were turned on. as werelatter footsteps an uninvited guest. the his elements act is justified property rights. serious physical injuries. to rob He the policeman on duty. Defense Stranger (2002)him of homicide? If you were the judge. Una took out Tito's gun and shot the SUGGESTED ANSWER: and proven during the homicide trial. Reyes brought Jun-Jun to the hospital. past reputation. his was act of shooting a burglar acquitted? Why? 4% Reyes shot him in the right leg. the time with was past and the victim fulfillment of a duty midnight. A claim Article 11 of the the benefit Code does of not any govern. the to immediate vindication of a grave offense security guard claimedhis that he merely actedunder in self-defense a descendant. SUGGESTED ANSWER: light snacks..al. charged homicide. shot and A may. just like in Narvaes. who was actually their neighbor. 11 of the RPC. There is no defense to speak of where the unlawful aggression no Justifying. is not tenable because the unlawful honor. Hence. frequent robberies. attacking B with fist blows. Osang's of stabbing Julio circumstance or act circumstances? (3%)to death No. and that the man was not Tito. Only then did Osang realize that the man was not her husband. he is of not absolved from criminal the frequent robberies in the neighborhood. Defense of Honor. Thinking was her an element of a crime when husband Tito. must present. Charged with Una denies No. C. if at all. intending to pass through property right does not justify the act an of opening underneath. fired another shot limb of accused is he already in imminent at Jun-Jun hitting him at the right lower hip. I was would convict the securitybecause guard for that B actually the aggressor he Homicide if I were the Judge.of would you convict amended. Defense of property or a fence. Una's claim that she acted in defense of culpability on the ground of defense of honor. Even assuming that the victim was a justifying circumstance in his favor? Why? Yes. Osang No. SUGGESTED ANSWER: accused acted out of a misapprehension of Considering the given circumstances. shots in the air. B raping daughter. should be convicted of homicide but entitled neighborhood that often scene of 22-year old Jun-Jun. her husband. and honor. Pat. 3 it is specifically alleged in the Information Furious. SD. Elements (2000) longer exists. Julio. the instant case. Thinking that it was her husband. et. Defense of honor as included in self-defense. the accused could have committed be the he unavoidable or necessary exoneration. the accused went downstairs with a of beer.about After the act. at means employed) is absent. the Lucresia. After the left. one of the men. can 1. killing attacked him. revenge. resentment or anyto other SCRA 329. the confront the the latter. compound which he was guarding. victim. A the justifying scaling the may wall of invoke the factory compound to (2%) circumstance of defense of stranger he commit a crime inside the same. since shooting was is not involved in the even fight and he shot C him never justifiable. man. SUGGESTED was about ANSWER: to stab B with a knife. namely. A C as the latter was about to stab and in performance a duty of cannot fully be B. upon seeing a man scale the wall of a factory A security guard. the he acted attackinmade defense is of a his daughter's retaliation. must have been done to prevent or repel an unlawful aggression. Article 11 of the be Revised Penal defense under Art. Hence. During the trial. not enough that the accused acted init After Jun-Jun was shot in the right leg acted and may be reasonable to accept that he fulfillment of a duty. a store owner. and immediate danger. to Defense of Property. wasof already crawling. The following day. moreover. without criminal intent. The accused was indicted for Reyes chased him and fired two warning The accused should be convicted because. Pat. belief. Pat having Reyes was subsequently liability." Not 2 it is essential to the crime involved. Narvaes. 11. After Julio satisfied himself. May A invoke the of defense a stranger as SUGGESTED ANSWER: justified. he the the facts. life and consequence of the due performance of the of a duty. and (2) reasonable necessity of the means employed to prevent or repel it. property in the of his duty as a security guard. of 5. which is only mitigating. he fired his gun seriously injuring the went with Lucresia to the house of Jun-Jun to man. Article and 13 of performance the Revised Penal Code. but all of selfunder par 3. was sleeping on a banig on the floor of their nipa hut beside the seashore when she was awakened by the act of a man mounting her.Criminal Law Examination Q & A (1994-2006) Criminal Law Bar Examination Q &Bar A (1994-2006) 21 of 86 20 of 86 Qualifying. Atstore one time. Lucresia noticed her bracelet wound loaded gun to investigate what As he soon thought around the right arm of Jun-Jun. he The accused his family in a about 5 o'clock lived in the with afternoon. Is the defense tenable? limb or those of his family are already in duty (3%) (People vs. Upon investigation the police who thereafter mitigating arrived at the scene circumstance of the shooting. Requisites (2003) bracelet in Defense her home. Reyes to shoot him An further. Osang grabbed a balisong from the wall and stabbed Julio to SUGGESTED ANSWER: death. he said "Salamat Osang" as he turned to leave. of Property. was robbed of her second element (reasonable necessity of the Justifying. Is her claim tenable? [5%] aggression on her honor had already ceased. ceased A took to his gun exist when and the shot accused B. of Duty. In defense of rights under paragraph 1. that he found was begun by the his by the person making a defense. Requisites to speak of. Not knowing Yes. is daughter's honor having killed since the not defense of in honor but an Bimmediate rape was already consummated. Oanis. The defense of acted in the eventually died. from his business the trip. that acted in the fulfillment entertained an honest belief that his Explain. raised thearmed defense. not a Is defense. Gardo. SD.who had returned from fishing in the sea. Osang. A chanced upon three men who were Explain. Pat appeared to be an burglar the dark inter that the injury orin way offense Reyes alia.of it was having discovered acted that the in victim was unarmed. to have sexual intercourse with her. Athe cannot validly invoke was defense of his after sexual intercourse finished.and Willie house. Charged him. it dawned upon Lina otherwise some other crime is committed. by of and inside his house. In Justifying. par. recognizing the voice. When Pat. 74 Phil. hence. of Lucresia went to a nearby seeing station what appeared to the him help an armed police and sought of a stranger looking around out Reyes. mitigating SUGGESTED ANSWER: Hence. Should the accused. Una let have sex bringing a more crime and a with her. there was no against her. Art. you enjoyed it as much as I did. Pat. who came home a day early 1 it changes nature of him the crime. Defense of Honor. deemed. Reyes is not tenable. It is immediate and imminent danger.when Pat. as Fulfillment amended. Requisites (1998) When would qualifying circumstances be One night. When prosecuted for homicide. a person is justified defendevil his motive in shooting C.

the bullet hit Jepoy's five year old son who was SUGGESTED ANSWER: following behind him. (2%) b) If you were Jonas' and Jaja's lawyer. 1999. ALTERNATIVE ANSWER: A qualifying circumstance is deemed an element of a crime when it is specifically stated by law as included in the definition of a crime.. In the course of their conversation. At midnight. 2 That Jonas committed the crime in a state of intoxication thereby impairing his will power or capacity to understand the wrongfulness of his act. Bulacan.. Jepoy became furious and sternly warned Jonas to stop his malicious act or he would get what he wanted. After Jaja lent his firearm to Jonas. 281 SCRA 600 (1997). explosions were everywhere and nobody would know who shot Jepoy. Fortich. I will use the following defenses: 1 That the accused had no intention to commit so grave a wrong as that committed as they merely intended to frighten Jepoy. Instead. b) If I were Jonas' and Jaja's lawyer. When Jepoy came out. (1%) .45 caliber gun but missed his target. (2%) c) If you were the Judge.45 caliber pistol so that he could use it to knock down Jepoy and to end his arrogance. While under the influence of liquor. Jonas and Jaja started their celebration by having a drinking spree at Jona's place by exploding their highpowered firecrackers in their neighborhood. Art. 48.22 of 86 a) Jonas and Jaja.). how would you decide the case? Explain. killing the boy instantaneously. can be charged with the complex crime of attempted murder with homicide because a single act caused a less grave and a grave felony (Art. RPC). Upon knowing that the throwing of the super lolo was deliberate. the latter again started started throwing lighted super lolos and pla-plas at Jepoy's yard in order to provoke him so that he would come out of his house. like treachery in the crime of murder. Jonas confided to Jaja that he has been keeping a long-time grudge against his neighbor Jepoy in view of the latter's refusal to lend him some money. Jonas immediately shot him with Jaja's . Before midnight of December 31. a) What crime or crimes can Jonas and Jaja be charged with? Explain. MITIGATING CIRCUMSTANCES Mitigating. A heated argument between Jonas and Jepoy ensued but Jaja tried to calm down his friend. Jonas started throwing lighted super lolos inside Jepoy's fence to irritate him and the same exploded inside the latter's yard. 15. Non-Intoxication (2000) Despite the massive advertising campaign in media against firecrackers and gun-firing during the New Year's celebrations. Jonas thought that after all. RPC. Nonintentional intoxication is a mitigating circumstance (People us. Jonas convinced Jaja to lend him his .. what possible defenses would you set up in favor of your clients? Explain. Jonas and Jaja bought ten boxes of super lolo and plapla in Bocaue.

his plea of guilty before the Regional spontaneous plea of guilty under Art. indicative of the remorse or repentance on the part of said accused and therefore. but came down and met the police officers and went with them is considered "Voluntary surrender. upon seeing the approaching policemen. Mitigating. the 1 That the accused spontaneously requisites are: pleaded guilty to the crime charged. Voluntary Surrender (1997) After killing the victim. and 3 That such plea was made prior to the presentation of evidence for the prosecution. p. Upon the elevation of the case to the Regional Trial Court the Court of competent jurisdiction. by his surrender. time and effort in tracking down the offender's whereabouts.. accompanied by several policemen. The crux surrender. the police were still unaware of the whereabouts of the accused and the latter . the accused absconded. stabbed and killed the latter. Plea of guilty can no longer be appreciated as a mitigating circumstance because the prosecution had already started with the presentation of its evidence (Art. Can his plea of guilty before the RTC be considered spontaneous and thus entitle him SUGGESTED ANSWER: to the mitigating circumstance of Yes. 303). went to Hilario's house. 2 That such plea was made before the court competent to try the case and render judgment. Charged with murder. i. went home after the incident. circumstance. 2 made before the government incurs expenses. he pleaded guilty freely and voluntarily upon arraignment. Hilario. Mitigating.Criminal Law Bar Examination Q & A (1994-2006) 23 of 86 1 spontaneous. This must be either (a) because he acknowledges his guilt. but voluntarily went with the policemen who had gone to his Mitigating. Hilario. Voluntary Surrender. After the stabbing. RPC? (3%) for which he is entitled to the mitigating circumstance of plea of guilty.( and constitutive of the mitigating in Reyes' Commentaries. could have continued to elude arrest. cited voluntary. faulted the SUGGESTED ANSWER: trial for is not appreciating in mitigating his favor Yes. he pleaded not guilty but. Plea ofrender Guilty. indicative of an intent to submit unconditionally to the authorities. Plea of Guilty (1999) An accused charged with the crime of homicide pleaded "not guilty" during the preliminary investigation before the Municipal Court. Revised Penal Code). He succeeded in eluding the police until he surfaced and surrendered to the authorities about two years later. 13. Thus. Voluntary surrender may not be appreciated efforts. the surrender of the accused should be considered mitigating because it was done spontaneously. When eventually charged with and convicted of homicide. the surrender must be: Mitigating. After two years. in favor of the accused. Plea of Guilty. p. and 3 made to a person in authority or the latter's agents. Dayrit. Two years is too long a time to consider the surrender as spontaneous (People us. Ablao. on appeal. or (b) because he wishes to save them the trouble and expenses necessarily incurred in his search and capture. came down from his house to meet them and voluntarily went with them to the Police Station to be investigated in connection with the killing. upon seeing his son engaged in a scuffle with Rene. To be mitigating. what requisites must be SUGGESTED ANSWER: complied with? (2%) For plea of guilty to be mitigating. indicative of acknowledgment of guilt and not for convenience nor conditional.e. Should the mitigating circumstances of voluntary SUGGESTED ANSWER: surrender and plea of guilty be considered in Voluntary surrender should be considered as favor of the accused? a mitigating circumstance. His plea of not guilty before the Municipal Court is immaterial as it was made during preliminary investigation only and before a court not Mitigating. In order that the plea of guilty may be mitigating. he changed his plea to that of guilty. Requisites (1999) competent to judgment. and time. the ALTERNATIVE ANSWER: accused saved the Government expenses. 13(7). Accordingly. court Hilario entitled to the the mitigating circumstance of voluntary circumstance of voluntary surrender. Elements (1999) hiding place to investigate. Trial Court can be considered spontaneous. was considered held to be When is surrender by an accused mitigating People vs. the act of the accused in hiding after commission of the crime. (Reyes' Commentaries. The Chief of Police of the town. For sure the government had already incurred considerable efforts and expenses in looking for the accused. 183 SCRA 658) . par. he brought his son home. after the prosecution had presented two witnesses implicating him to the crime. 7." The voluntariness of surrender is tested if the same is spontaneous showing the intent of the accused to submit himself unconditionally to the authorities. 299) circumstance of voluntary surrender? (3%) SUGGESTED ANSWER: A surrender by an offender is considered voluntary when it is spontaneous. Voluntary Surrender (1996) Hilario. Is he entitled to such a that mitigating of the issue is whether the fact Hilario circumstance? Explain.

Manolo.. Plaga. Domingo. noticing that one of Danilo's daughters was trying to get away. and Manolo committed Robbery. and Fernando. Solis. what aggravating circumstances may be SUGGESTED ANSWER: appreciated against the four? Explain. Domingo. Generis vs. would be considered as aggravating circumstances. the four took turns in raping the three daughters of Danilo inside the latter's house. 3 dwelling.. . People vs. armed with bolos. 2 Noctumity because evidently the offenders took advantage of nighttime. what crime did the four commit? Explain. Qualifying (1999) Distinguish generic aggravating circumstance from qualifying aggravating circumstance. Manolo house. at about one o'clock in the morning. Suppose. they killed the whole family to prevent identification. carted away the belongings of Danilo and his 2 family. SUGGESTED ANSWER: AGGRAVATING CIRCUMSTANCES Aggravating Circumstances (1996) Jose. 3 Under the facts of the case. while Fernando committed complex crime of Robbery with Rape. a) Jose. (People vs. the four and Fernando commit? Explain. after the robbery.Criminal Law Bar Examination Q & A (1994-2006) Aggravating Circumstances. Fernando. Fernando. 182 SCRA. The rapes are synonymous with Ignominy and the additional killing synonymous with cruelty. 2 can be offset by ordinary mitigating circumstances. While the four were in the process of ransacking Danilo's house. 2 cannot be offset by mitigating circumstances. ran after her and finally caught up with her in a thicket somewhat distant from the house. 3 affects the nature of the crime or brings about a penalty higher in degree than that ordinarily prescribed. The multiple rapes committed and the fact that several persons were killed [homicide). What raped her first. 1 must be alleged in the Information and Circumstances: proven during trial. 202 SCRA 531) c) The aggravating circumstances which may be considered in the premises are: 1 Band because all the four offenders are armed. but before they left. Generic Aggravating 1 affects only Circumstances : the imposition of the penalty prescribed. and three daughters were living. the same shall be Qualifying Aggravating considered in imposing the sentence. before bringing back the daughter to the 1 crime did Jose. and 4 Uninhabited place because the house where the crimes were committed was "at a desolate place" and obviously the offenders took advantage of this circumstance in committing the crime. Domingo. b) The crime would be Robbery with Homicide because the killings were by reason (to prevent identification) and on the occasion of the robbery. but not the nature of the crime committed. his wife. robbed a house at a desolate place where Danilo. 3 need not be alleged in the Information as long as proven during the trial. Thereafter.

he laughed while SUGGESTED ANSWER: Court decision. Cruelty. a widower. Danny. nighttime cannot be appreciated as an by higher final in judgment degree. De los Ben.. [2%] circumstances and state their effect on the circumstance must be alleged in the SUGGESTED penalty of ANSWER: crimes and nature thereof. in a recent Supreme cigarrete. for burning the victim's face with considered deadly weapons. penalty prescribed by law. Kinds & Penalties(1998) (1999) them have been alleged in the information to Distinguish between recidivism and quasiName the four (4) kinds of aggravating qualify the killing to murder. crime was committed by more than three He also burned her face with a lighted armed malefactors. Johnny hit them with a rock injuring 2 This circumstance is generic aggravating offset by mitigating circumstances. If you were the Judge. (3%) Information and proven beyond reasonable In recidivism SUGGESTED ANSWER: Aggravating. considered against the accused both is a descendant (daughter) of the offender recidivism and habitual delinquency. Lucas. while Dino and such. while the convictions by final judgment for theft when offender delighted and enjoyed seeing the he was found guilty of Robbery with victim suffer in pain (People vs. Nighttime. SUGGESTED ANSWER: was killed by Pocholo. 203 SCRA 707). because the offended party SCRA 316). embraced in the same CIRCUMSTANCES Title of the Revised Penal 3) QUALIFYING or Nonoy and Johnny were charged with Code. Relationship (1994) advantage of nighttime (People vs. aggravating circumstances since none of Aggravating. judicial notice poked a gun on his daughter Zeny.and cannot apply only to particular crimes on hitting Dino and Raffy with rocks. Sigma Phi Omega. Is the appeal meritorious? Explain. Danny and Nonoy mitigating circumstance. Aggravating. The and considering that the crime is one against accused appealed and contended that in his chastity. killing was committed by means of poison in Juan is a recidivist because he had been consideration of a promise or reward and previously convicted by final judgment for with cruelty. the trial Judge b) Relationship. A qualifying recidivism. As a 1 The are not for crimes be offset byconvictions mitigating circumstances: result. brings about a penalty next aggravating circumstances of nighttime and No. Pocholo was and habitual delinquency are correctly prosecuted for homicide before the Regional considered in this case because the basis of Trial Court in Binan. with what theft and again found guilty for Robbery with SUGGESTED ANSWER: crime will you convict Pocholo? Explain.. embraced under the same Title circumstances which should qualify the (Title Ten. crimes embraced in the same Title of the that Revised Raffy were walking along Padre Faura Street. the appeal is not meritorious. Bobby. 1) GENERIC AGGRAVATING or those are: Penal can generally Code. What aggravating circumstances a) Cruelty. again. The implication is that he is Information. thereby deliberately Aggravating. (2%) Pocholo should be convicted of the crime of Homicide. in against property. Book Two] of the Revised Penal crime to murder were not alleged in the Code. forcibly can be taken of the fact that Padre Faura However. Street is well-lighted. is correctly considered . Then Bobby stabbed 2) SPECIFIC AGGRAVATING or those that Dino. commission of the crime or that they took mitigating circumstance. Steve. and conviction for Robbery which with Homicide. Like a madman.for and another cannot crime be offset or while by band? 4) INHERENT AGGRAVATING or those aggravating circumstance because there is serving sentence for another crime. During the trial. Recidivism (2001) augmenting the victim's suffering by acts Juan de Castro already had three (3) previous clearly unnecessary to the rape. 181 Homicide. Can the court appreciate the committed by or the offender before serving sentenceSUGGESTED ANSWER: a graver one. band should be considered as the undressed her and tied her legs to the bed. Steve. Danny. Must be alleged in the information (2000) Rico. Bobby. specializing in the commission of crimes The circumstances of using poison. Recidivism vs. and apply to all crimes. brings about an consideration of a promise or reward. additional penalty when an offender is cruelty which attended the killing of Rico convicted a third time or more for specified could only be appreciated as generic crimes. the trial court cannot consider against him a finding of recidivism and. and can be Manila. therefore would affect can be only effect theby maximum an ordinary of the suddenly. Nonoy and Johnny kept Whereas in quasi-recidivlsm . hence aggravating in the Habitual delinquency. but and offset. Steve. a member of the rival No. driven by bestial desire. Quasi-Recidivism Aggravating Circumstances. of habitual delinquency. Dino died.Criminal Law Bar Examination Q & A (1994-2006) 24 of 86 Aggravating. surrounded the duo. Besides. In the last case. a member of the Alpha Rho fraternity. Recidivism group. but if not Dino at the back. Reyes. stones or rocks are raping her. recidivism is different from that of habitual the prosecution was able to prove that the delinquency. last conviction. those that provided change that the it is nature a felony of the thatcrime was to homicide. Raffy approached Dino. are present in this case? a lighted cigarrete. Laguna. which are both crimes against homicide only because the aggravating property. Band doubt during the trial to(1994) be appreciated as 1 The convictions of the offender are for The four (4) kinds of aggravating circumstances At about 9:30 in the evening. and mitigating circumstances. (5%) . that essentially accompany commission 2 This circumstance is a the special aggravating no indication that the offenders deliberately of the crime and does not affect the penalty sought the cover of darkness to facilitate the circumstance which cannot be offset by any whatsoever.

SUGGESTED treachery. Baruga 61 Phil. 279 People vs. cannot be appreciated because there is no showing that the accused deliberately sought or availed of nighttime to insure the success of his act. The Intention to commit the crime was conceived shortly before its commission (People vs Pardo. TREACHERY may resolution of his will. In the evening of that day. which is not the proper place for entrance into the house (Art. 568). an aggravating circumstance. The accused suspected his wife of having an illicit relation with the victim. 60 Phil. Evident premeditation cannot be considered against the accused because he resolved to kill the victim "later in the night" and there was no sufficient lapse of time between the determination and execution. et at. Nighttime 90 Phil. he employed means and methods which directly and specially insured the execution of the act without risk himself arising from the defense which the victim might have made (People vs. which caused his death within a few hours. he could not sleep. Miranda. Aggravating. He entered the apartment of the victim through an unlocked window. . People vs. One afternoon. 3. inflicting several wounds. but being so annoyed over the suspected relation between his wife and the victim.be present because the accused stabbed the victim while the latter was sound asleep. he saw the victim soundly asleep. each being a separate dwelling unit of one big house. Treachery & Unlawful Entry (1997) The accused and the victim occupied adjacent apartments. Moreover. Dequina. nighttime is absorbed in 4. 79 Phil. the accused went to bed early and tried to sleep. inasmuch as the accused entered the room of the victim through the window. Accordingly. ANSWER: nighttime and unlawful entry? 1. he resolved to kill victim. he saw the victim and his wife together on board a vehicle. He rose from bed and took hold of a knife. UNLAWFUL ENTRY may be appreciated as treachery. Revised Penal Code. 14. par. Later in the night. He thereupon stabbed the victim. Inside.25 of 86 Would you say that the killing was attended by the qualifying or aggravating circumstances of evident premeditation. to allow his conscience to overcome the 2. 318). 91). 18.

Aggravating circumstances are not to be presumed.D. or disposes. conceals. intent of the accused. Las Pinas.00 at her jewelry shop at Zapote . It may not be considered aggravating as there is no clear indication from the facts of the case that it was habitual or intentional on the part of A. a fence is punished as a principal under P. receives.D.D. which has been derived from the proceeds of said crime. they should be proved beyond reasonable doubt PERSONS Criminally Liable for FELONIES Anti-Fencing Law. fencing is a the malum prohibitum and accomplice. ALTERNATIVE CIRCUMSTANCES Alternative Circumstances. possesses. there is a similarity in the sense that all the acts of one who is an accessory to the crimes of robbery or theft are included in the acts defined as fencing. Road.000. 1612. No. unless he bought or profited from the proceeds of theft or robbery arising from robbery in Philippine highways under P. item. the accessory in the crimes of robbery or theft could be prosecuted as such under the Revised Penal Code or as a fence under P. 1612. She testified during the trial that she merely bought the same from one named Cecilino and even produced a receipt covering the sale. object or anything of value. acquires.D. SUGGESTED ANSWER: One difference between a fence and an accessory to theft or robbery is the penalty involved. G. she argued (or her acquittal on appeal. Elements (1995) SCRA 63] What are the elements of SUGGESTED ANSWER: fencing? The elements of fencing are: a. No. 234 Anti-Fencing Law. she Fencing should have followed Anti-Fencing Law. contending that the prosecution failed to prove that she SUGGESTED ANSWER: knew or should have known that the No. and 3 there is on the part of the accused. or buys and sells. has been the subject of theft or robbery shall be prima facie evidence of fencing (P. The burden is upon the accused to prove that she acquired the jewelry legitimately. who is not a principal or accomplice in the crime. used to deliver to her jewelries for sale but is presently nowhere to be found. 1612). Yes. After having had a drink too many. Her defense of having bought the Jewelry from someone whose whereabouts is unknown. B suffered serious physical injuries. vs. Buying personal property puts the buyer on caveat because of the phrases that he should have known or ought to know that it is the proceed from robbery or theft. item . who was engaged in the purchase and sale of jewelry. this is not so in SUGGESTED of ANSWER: violations Revised Penal Code. whereas an accessory to robbery or theft under the Revised Penal Code is punished two degrees lower than the principal. Metro Manila. in the past. Theft or Robbery (1995) the administrative procedure under the decree What is the difference between a fence and that of getting a clearance from the an accessory to theft or robbery? Explain. No. In fact. May the intoxication of A SUGGESTED ANSWER: be considered aggravating or mitigating? The intoxication of A may be prima facie (5%) considered mitigating since it was merely incidental to the commission of the crime. Is authorities in case the dealer is unlicensed in there any similarity between them? order to escape liability. Fencing. 2 the accused knows or should have known that said article. does not overcome the presumption of fencing against her (Pamintuan vs People. keeps.D. 11 July 1994). As a result. for having been found to be in possession of recently stolen Jewelry valued at P100. People. 1612 and the penalty is higher. (Dizon-Pamintuan vs. A and B had a heated argument. hence penalty is one degree therefore there is no need to prove criminal lower. Flora's defense is not well-taken because Jewelries recovered from her were the mere possession of any article of value which proceeds of the crime of robbery or theft.Criminal Law Bar Examination Q & A (1994-2006) 26 of 86 1 accused. Cecilino.No. Fencing (1996) Flora. 532 where he is punished as an Also. a crime of robbery or theft has been committed. was prosecuted for the violation of P. or in any manner deals in any article. otherwise known as the Anti-Fencing Law. object or anything of value has been derived from the from the proceeds of the crime of robbery or theft. buys. Besides. Intoxication (2002) A was invited to a drinking spree by friends. intent to gain for himself or for another.R 111426. during which A stabbed B. Convicted by the trial court for violation of the Anti-Fencing Law.

the crime. guilt and convicted drunkenness for two not or otherwise more times habitual. SUGGESTED ANSWER: SUGGESTED ANSWER: during the New Year's celebrations. as well as fines and media against firecrackers and gun-firing SUGGESTED ANSWER: not synonymous and should be applied A and B pleaded guilty to the crime of What do you understand by aberratio ictus: alone. or CONTINUOUS CRIME. modifying RPC) when circumstance there is the a imprisonment? Explain. Under what circumstances is the crime of rape beyond reasonable doubt. RPC) court granted the petition subject the liquor.Nov. It was hand.00. parole The isunder of no from who number the rule was Indeterminate imprisonment. amended). such sternly warned Jonas to stop his malicious act Destructive Arson (1994) Probation Law. CA. Solidary liability applies only to civil thirty days imprisonment or not exceeding Complex Crimes. (3%) and ten months old. the crime Yes. inter alia. what penalty would you impose account the attendant aggravating and was which deliberate. As complex crimes. to 11 months. does not Explain include your the answer participation or choice he did. with the two (2) mitigating circumstances of penalty for the more serious crime shall be of habitual delinquency. less to discharged confided a maximum grave On somebody on There purposes years. it would While refusal fire affirming continually. is not the penalty to be imposed nor in its period in accordance with Article 76 and 77 December 31. RPC. 2: such (1) month and one (1) day to six (6) months) being Complex Crime. special alternative of a and complex the felonious not circumstances. MCB pawned the earrings exceed one year. intended (c) to If prision the victim victim correccional. under by a the the distinct appellate influence andrecords court separate of liquor. 73 Phil. what are the factors you must liberty. performed only one act. ground crime the for of that to which their number only he conversation. The acts done must the range of this penalty that the minimum found Benjamin Garcia guilty of Murder. Subsidiary (1) day to six (6) years) as MINIMUM. Art. his niece. the undergone Vincent limiting crime. Exceptions (1999) accessory fine is more to the than crime the of maximum rape with subsidiary homicide to prove all elements of the heinous final judgment for theft and again convicted what the offender intended to commit. continuing offense. no other: be impelled by one criminal or purpose. or both. invoking the doctrine of aberratio ictus. cleaned everything and washed powered firecrackers in their neighborhood. Pedrito shot determining the penalty next lower in and probation obviously should to not conceal be less the than body (6 months of the him because of the inadequacy of the crimes. 549. the daughter of MCB. imposed. because Indeterminate Sentence Law Differentiate reclusion perpetua from life she directly induced Yoboy and Yongsi. life hasbe no definite prescribed penalty for parricide is reclusion common right. that withdraw committed neighborhood. G. the penalty prescribed by conviction with sedition A was because given the a penalty two crimes of are ten circumstances. recidivism and habitual delinquency. who is to SUGGESTED ANSWER: injustice done to Aor by C. It is only when the resulting felonies crimes defined in and penalized therein prior approval. knew that the jewelry was taken from Laura namely the attempt against the intended accused appealed and contended that in his another. his legitimate brother. the term "continuing crime" their concepts and as to the imposition of correct? Explain. 8) those whose maximum term of yard Criminal Law Conspectus. Differentiate delito continuado from a considering the decision of the Supreme of nocturnity. Roberto to the effect was that qualified the death for probation penalty may but not that than the minimum penalty prescribed by the SUGGESTED ANSWER: at his intended victim but missed. People vs. vs. with Explain. the minimum "reclusion perpetua or life imprisonment". (4%) ravished her. separately. No 3. not so much for probation. punished May by any A still law distinct provisions of the Revised Penal Code hundred pesos. Complex Crime of Estafa (1997) escaped from confinement or Yes. (2%) caused the person induced to commit the penalized by a special penal law where the accessory. of any probationer be terminated. 320. the Although accused he is is a a woman legitimate Those convicted of treason.1986. what is the purpose for 3 Determine the penalty. While under the influence of No. Edwin butPhil. victim and the consequence on the last conviction.00. Maganda transferred perpetua SUGGESTED may ANSWER: be reduced by one or two imposition the death penalty is not offense not bailable. So. Yoboy criminal resolution. Under Section 4 of the Probation Law. at be the "INFLICTED" time of his upon application a pregnant for woman. Preventive Imprisonment (1994) recidivism is different from that of habitual while consummated homicide is Explain. single criminal impulse (People crimes are essentially different and shall punished minimum imposable penalty be 7) those who having been granted On the other areclusion CONTINUING OFFENSE everywhere and nobody would know who estafa through falsification of public The proper penalty is perpetua. not action not of correct. act or means If you SCRA 546). The penalty is specifically prescribed for all the the penalty therefor is reclusion temporal. but include reparation of Principal by Indispensable Cooperation (2000) and the Bar to the fact that the penalties of any accessory penalty. having the accessory. aggravating circumstance. date more he ictus The whether of also mitigating of birth specifically or the law had mistake of law uses imposed his the in circumstances own the offended fixing in provided as long-standing word the the a single party "maximum minimum for and occurs or the no as The penalty of reclusion perpetua and the Penalties. discovery. At to construct a new building but had no money that his ifwhile the appeal offense was is dismissed. the same penal provision.000. of P. Barred by Appeal (1995) Probation is not coterminous with its period. 4103. No. Revised Penal Code. the exemption under Article proposal to commit treason.R. Yes. 1976. Impose proper prison is always political in objective as it is directed 18. Estrella. Bulacan. After trial. Principal by Inducement (2002) testimony. Doctrine of Aberratio Ictus. Jonas and Likewise. could how not will be theft by selling the jewelry knowing that the bullet hit Jepoy's five year old son who was execution of a particular crime. citing Llamado vs. 196 SCRA 459. It is of no Since moment the amount that in Involved his previous did not April 1993. explosions were consideration. shot a consequence by a special law. 1999. People vs. Only and 1 day to 40 years. he filed acrime. The penalty for the more serious to its total loss. the totality of the prison terms should interchangeably as in the foregoing sentenced to pay a fine of P15. A would not be liable as ato principal by the exemption from criminal liability of an Andres is charged with an offense defined by not be interchangeably. Indeterminate i. (5%) in constitute only one crime. During the trial. PX was convicted Government or for political purposes. 968) appeal. within the Lyears of age and what is sought to be Indeterminate Sentence Law. 2% corroborated on the witness stand. and should the Indeterminate Sentence Law be the penalty for the more serious crime shall Explain. no case is by less but the to than who Revised go beyond 7 turned years Penal old. the penalty would primary evidence of the age the of the victim is a (4) cases of murder were against A. Could he possibly qualify for range of the penalty next lower in degree to for liability pertaining to such offender without for violations of special laws. Under 64. Anyone last sentence of Section 1 Act 4103. or even if the crime shot Jepoy. penalty whereas sole of testimony rebellion 10 (10) days of arresto manor and fined fifty long standing grudge. Later. the maximum of the proceedings.000. Laura offered him a intent drink and after 1990.R. Par. Aberratio Ictus. Manila.e. and not prision mayor in its maximum but he is exempt from criminal liability Indeterminate Sentence Law not applicable? appellant's contention correct? Reason specified as basis for habitual delinquency crime intended and the crime committed imposition of the penalty. explosions were A was convicted of the complex crime of (People vs. No. age of the circumstances without any aggravating crime shall be imposed and in its be held liable as co-principal and not only as delinquents. 1989. this is gun but missed his target. Right. After Jaja lent hisminimum firearm to Jonas. Reclusion perpetua has a circumstances.000. The facts of the case 3 years. G. Indeterminate Sentence Law (1999) shall have violated the terms thereof. years. destierro or suspension. does pesos not (P50. After Jaja lent his firearm to Jonas. Criminal Liability. (1999) Delito which are out in the same place and of at birth. The penalty next lower in degree (2001) Probation Law. The penalty P50. as minimum. The situation generally brings about Homicide. suspended. Is the appeal RECLUSION PERPETUA is that him penalty condition. Delito Continuado (1994) Circumstance no. circumstances Within the period according to of the Indeterminate Sentence Law. two considered against the accused both from a single act. when by time filed 2 final ahe Suppose motion he Judgment. RPC). as felony previously on the stated. Decree No. 5) those who are habitual indeterminate sentence. the of SCRA 384 . 22. are directed prison No. Jonas started throwing lighted super SUGGESTED ANSWER: does not apply when the penalty imposed is imprisonment. It involves Manila. The trial court sentenced the accused alleged in the information that the victim which are considered only as components of modifying terms and conditions thereof? paragraph 5 of said Article. No. sentence penalty. Feb. the latter again started throwing lighted exceed P200. 25. being (2%) briefly. CoSUGGESTED ANSWER: repeatedly called the attention of the Bench fixed duration of imprisonment and without Complex Crimes. Paco. an 10. (1) day twenty (20) years. Jose or more grave or less grave felonies resulted.SUGGESTED ANSWER: Complex Crimes. Before midnight of suspended during her pregnancy and forCode one specific duration of 20 years and 1 day to Instruction and lack of intent to commit so accused? Explain. Complex Crime. hence. Nos. unless the mistake penalty prescribed by law. 1990. order of final discharge based on the report mean No. participation (Art. the Indeterminate appealed Sentence the Law An COMPLEX is made up of PX was convicted and sentenced to Death Penalty (2004) complexed with the crime of rebellion imposes a penalty of fine or A imprisonment or years) as MAXIMUM. 84859. crimes are not regarded as distinct crimes minimum of the penalty. which their conviction for another crime with a penalty was issued by the court but after the lapse of imprisonment SUGGESTED ANSWER: has no duration. 64 should applied. during the New Year's celebrations. Jonas prescribed by law for falsification offrom public not be against the Government or 87 685). The minimum term of class of offender shall be subsidiary. as amended) does (People v. continuous. 9) as maximum. its maximum period fine but filed a petition probation. are elevated to the Supreme Court. probation is not appealable. and convictions by final judgment for theft when maximum term of imprisonment of more offense (Art. as violations of Republic Act 6425. same. document. 9. death ofno at the term basic the proved probationable in penalty person Jail is but that provided intended.. then it may be is not thepenalty penalty to be imposed nor in its MINIMUM will thus be the use penalty probation after he appealed from Reclusion perpetua has a duration of twenty 1) There is preventive imprisonment when .R. 48 of so Lapiroso. G. immediately shot him with Jaja's . it being the penalty prescribed under imprisonment Art. as Probation Law. yard in order to provoke him so that he would about the Judge same time. law he Court take would (December on the the place of (People the prosper? form offender Appeals. and applying the sternly warned Jonas to stop his malicious act 48. 1 modifying result when when the guilty the offender person SUGGESTED ANSWER: must not be less than the minimum provided consanguinity affinity. is expressly provided in Art. Under Act No. The SUGGESTED ANSWER: beyond reasonable doubt to constitute the which are considered only as components of group of persons who were seated in a cockpit expected. 1987. she determining the eligibility of the accused for your reasons. she insured they were brought about by a single surrender). 390 SCRA 577 [2002]). (5%) 4/5 Article sentenced 186 automatic age later. RPC. unintended the minimum victim who should was hit. albeit there are four be instituted and the case tried in the order to provoke him so that he would come and maximum periods. of next as victim is used a not the lower fine is deserving penalties or alleged in mistake degree into imposed. Coup d’etat & rebellion & blow sedition 1 February held more celebration The crime. SP-19655. Roberto Upon arraignment. that she should not lolos inside Jepoy's fence to irritate and less than one year (Sec. provided for the special complex crime that in its full extent (6 years and 1 day to 12 probation law (PD 968. By conspiracy. the defamation in sixteen (16) informations For crimes punished under the Revised Penal the share of each offender depending upon Yes. either Jonas thought that after all. is Rosalina made Several credited already first Discuss had use briefly. They are alleged in and one excess of three mitigating circumstances. (5%) includes. Juan is a recidivist . a) What crime or crimes can to the military or national police. L86561. She then time of the commission of the crime. evaded sentence. to burn her building so she offense or offenses. months. wit: 1) The coming from the sub-machine gun of A. shall be and imposed but in maximum period ALTERNATIVE ANSWER: and 1 day. 6) Those who shall have under Art.to again. latter's the and conviction. 4. the case? applied because of Article 48 of the Revised an adopted brother of the principal. total crime act term. She wanted distinct provisions of the Revised Penal SUGGESTED ANSWER: obfuscation. 73 SCRA 77). A only correctional one crime in its is committed maximum period. to 12 years probation shall be entertained or granted if Indeterminate Sentence Law (2002) penalty. 4) Those convicted of (homicide) and the other less grave age as a qualifying circumstance in rape thereby. P2. and 10) Complex Crimes. The trial 1) Can there be a complex crime of coup 184) Revised firecrackers firearm.000. Principal. Jonas and of XYZ. theft and robbery. in Aberratio in the its sentence. complex crimes where from a single act. urged Yoboy and Yongsi. Reclusion Perpetua vs. If within each class In a case for violation of Sec. circumstance. NO. May a probationer appeal the SUGGESTED ANSWER: aggravating. provided by law. (Art. stole the earrings maximum term of imprisonment does not committed was murder. Manila. the indemnification for Despite the massive advertising campaign in SUGGESTED ANSWER: reclusion perpetua and life imprisonment are Penalties. maximum RPC Law: generally is within result. years (Art. Jonas thought that after all. as amended by RA (5) steps you would follow to determine the birth certificate. Gonzales. As to penalties. Barred by Appeal (1994) vs. LIFE IMPRISONMENT ayears penalty but Jaja tried to calm down his friend. circumstances: the aggravating circumstance complex crime of coup d'etat with sedition? felonies. killing boy and the same penal provision. namely. Was the decision of the SUGGESTED ANSWER: terms. the his as a only principal by the inducement? following circumstances: (5%) No.00). Reclusion Perpetua vs. 8. King gave Jose. liability may require. which will now result in the her of the crime and sentenced her to pay a hidwas her body.45 caliber document is prision mayor plus fine not to non-political in objective. October 5. terms of the indeterminate sentence? is circumstances. or 5) as When fence. the death penalty can be imposed correctly and as may be specified by the parricide. inducer must be the sole consideration which Harold was convicted of a crime defined and of the This non-exemption of an A was charged with homicide. whereas rebellion a uprising .000. should that is missed to the It shall not set ispenalty enough the and be the applied person cannot grace next that grudge pursuant against to C. She then felonious act or because one offense is a Hence there will be off-setting of modifying P200. eligible for the probation? crime of but tried to boxes calm down friend. the Court Said law of Appeals requires two or more crimes being punished in imprisonment of thirty days and a fine of one because both crimes are directed against the A. is forty prision mayor judgment of conviction by the RTC. like Distinguish between an ordinary complex homicide because a single act caused a and less to suffer imprisonment of five (5) years was a minor below seven years old. reclusion perpetuates accessory Penalties.000. 3 Herran Street. appellant's contention is correct insofar Indeterminate Sentence Law (1994) the period of probation. The penalty prescribed for the Under Article 27 of the Revised Penal Code. RFC). 1612) the would you decide the case? Explain. Sedition may Revised Penal Code. As AGGRAVATING CIRCUMSTANCE present. conditional pardon by the Chief Executive is one whose essential ingredients took place shot Jepoy. 4 & 5. It(1) iswhich the penalty specifically next lower in degree. 48. the liability in each mitigating circumstances of voluntary plea of officer. The SUGGESTED ANSWER: SUGGESTED ANSWER: (20) years and one day to [40] years [a) an offender is detained while the criminal knock down Jepoy and to end his arrogance. Yoboy automatic review by the is a term used to denote as only one crime penalty fixed by the law and the minimum offense or offenses. Parricide w/ Mitigating Circumstance (1997) Praeter Intentionem (1999) King went to the house of Laura who Distinguish that pursuant the to Presidential following Decree from each No. Pedrito is liable years of age" (Art. the trigger of his gun only once. 2) those convicted of treason. mother or any member of the family. (Art. par. Nature Special & penalty Penalty Complex Involved Crime vs. The A COMPLEX CRIME. Since makes P50. Bulacan. 1) When the guilty person is at least 18 severally. 1992. furious and A within complex proved the range is crime that of of she arresto the is less first mayor than form 18 and under years the Art. Consequently. provided that it is expressly and he is insane. Penal (5%) Code. Mitigating Circumstances w/out Aggravating Jose obtained. months it fence taking is not to into the irritate consideration act of him pressing and the certain the same trigger modifying consequence. plus costs. the required majority forthe the because the crime committed is a capital everywhere and nobody would know who could collect the insurance proceeds. 10) Those sentenced to the penalty of court appreciated the following modifying d'etat with rebellion? 2% 2) Can there be a crimes course by imprisonment. et al. Is and the same penal provision. A promised B a Code. The judge Complex Crime. the Revised Penal Code. 5 of the in the Penal Code. he filed an application for probation to Art. Judge penalty. Impose the proper impelled by ahand. public officer holding public office belonging grave a wrong. must "EXECUTION". as minimum. wronged Rule 130 him of the in penalty of life Imprisonment are totally SUGGESTED ANSWER: Homer was convicted of homicide. citing Sec. Stated committed consists of a deprivation of birth certificate. which fine shall not exceed Doming. par. Principal by Direct Participation. their part Reyes. killing the boy [10%] Balagot. drinking the judge can heis approval Will appealed be what provided did is imposed spree MCB's i. 83 by law and the minimum shall not be less occurs when the offender delivered the blow 1939) Juan de Castro already had three (3) previous not extend to those sentenced to serve a a necessary means to commit another to finance the construction. PD 968). (1) day This of carried reclusion is possible temporal. (5%) because he profited from the effects of such caliber gun but missed his target. offender have been committed. Nov. if there was conspiracy between Penalties: Pecuniary Penalties vs. the court but alleged in one Information either of another crime for which the penalty although the principal offenders are different. 10. which her aunt to penalties. (1%) common right. Exceptions (2003) by the Revised Penal Code. is more pertinently used with reference to penalties. The word Even "INFLICTED" if at the time is found of only his conviction in Art.000. 29. (5%) provided for in Revised Penal Code for change her residence without the court’s the same exploded inside the latter's yard. Is of the penalty thus imposed mother testified that she was only six years provision the Revised Penal Code. The probation favorably and so the penalty for the most serious crime felonious act three periods. to hit be and below the 1) those persons convicted of offenses applicable to: No. at Jona's by exploding their highterm orplace accessory penalties. People vs. Court in People vs. SUGGESTED ANSWER: price or monetary consideration. A. to lendand him theobfuscation.the On February 3. Art. offender only application? by in vs. actually produced Jepoy became them. inshe period. only one Since the crime committed is Homicide and instantaneously. In this situation. period. insane. Section who had 40. RPC). Inducement & Participation imprisonment is more than one (1) year. GRNo. 243 intent to gain. you were the judge. went The beyond penalty that prescribed intended is or May the court revoke the Order of Probation penalties while life imprisonment does not Circumstance (1997) a capital crime but before execution becomes accessory to the crime of theft committed by with not post death the penalty required or bail life imprisonment. 48. 205 were two mitigating circumstances and no while she is pregnant or within one year after brother of King. you that rule the throwing on but his the application? of number the super of Discuss bullets lolo fully. the evaded sentence. appeal is not meritorious. Does this mean that intermediate review for such cases where voluntary surrender. 5 as is of the the choice. because of a grave that probation? prescribed for the crime under the said prejudice to recovery from those whose share P6. one (1) day. Jonas convinced Jaja to lend him his piracy. January 29. who is was alleged not Therefore.. as that a to probation officer be ordered to applied? If you were the Judge trying the be imposed. The acts done must many crimes maybe involved in aheated complex correctly impose the following penalties: the victim's age under the circumstances suspended when the convict becomes belonging guilty of vagrancy to the military and or imprisoned the national for ten by A. RPC). convicting Benjamin and sentencing him to Criminal Liability.[see the maximum imposable by law.. distinctly for each resulting crime. the offender could the latter again started started throwing to its total loss. the Supreme Court held that SUGGESTED ANSWER: are only light that complex crimes do not except for some crimes defined by special lolo was deliberate. Jaja should prisoners. Instead. is a series of felonious acts arising from a single SUGGESTED ANSWER: rebellion. 3 Herran Street. maximum ictus brings orand (b) If the victim is alleged to 20 be below 7 DELITO CONTINUADO. Fencing Law of 16 1979 (PDNo. each one of which forms a pla in Bocaue. Yoboy and Yongsi committed the crime because of the remaining mitigating the judgment of conviction (Sec. with no criminal resolution. and four Bouncing Checks Law (BP 22) punishable by cost of the proceedings. 48. Yoboy information so that only one penalty shall be This will therefore justify in reducing the imprisonment in case of insolvency. to twelve (12) years and one conduct an Investigation and to submit a case.R. The court found three mitigating error in personae. which took effect on July 16. Baguio. of par. Previously. Pedrito. PX may apply for probation. Order Denying Probation. 2) Yes. at least 18 years of age at officer the time of the committed only a single felonious act from therein (six years and one day) and the on matters respecting pedigree such as the testify reward. illiteracy While caused conviction. the venue where the criminal action may be information alleged that the accused component crimes which are regarded as the MAXIMUM sentence under the Law will apply when the minimum of the provided. or CONTINUOUS CRIME. one information shall be filed and if proven. years and 1 day. the crime of one pecuniary liabilities. should be taken. application is filed in Court (Bernardo vs. penalty 1986. In circumtances nos. Efren Mateo (G. Impose the proper 20 delivery. imprisonment or reclusion perpetua. (1994) An ORDINARY COMPLEX CRIME is made up of circumstance (nocturnity). People vs. Attempted Murder with consider to arrive at the correct penalty? arresto mayor (in any of its periods. Crime vs. the the in degree old.000. 3) Those come out of his house. ALTERNATIVE ANSWER: SUGGESTED ANSWER: Penalties.S. 46501. Because the weapon used by to one (1) year and eight (8) months of after considering the attending mitigating more than one principal or more than one If I were the judge. which were the tried maximum jointly and term was sentenced the the degree of participation – intent as principal. RPC. are involved inthe a complex crime. page 156] b) 6 months. "Motion for Probation" praying that guilty. Code. 17. which brings about an penalties. Before midnight of loan. (4) about minimum years at of period age least and as circumstances what two is sought (2) modifying felonious to be SUGGESTED ANSWER: is a term used to denote as only one crime d'etat and the offenders committing the Distinguish pecuniary penalties from accessory penalties. No.45 pistol so that he could use it to delinquents. he entered a plea of means for committing another offense. grave a wrong as committed. rebellion. par. July 7. De Guzman. bevs. To bring about criminal liability of a themselves profited from or assisted the Law. and violating one and therefor is ANSWER: prision correccional and by it is within After trial. two (2) Distinguish clearly but briefly: Between Despite the massive advertising campaign in Criminal Liability. for his provisional 2) lighted super lolos and pla-plas at Jepoy's and Yongsi commit? which are carried out in the same place and at Penal Code. violating one coup d'etat clearly admitted may be by the committed accused singly.50. He went to Laura's house. In the imposition of the proper penalty. a common penal provision. Aberratio ictus (mistake in the blow) could the death a recidivist. Andres? (4%) mitigating circumstances. by SUGGESTED ANSWER: summoned (Art. Ifone a by law. 64 of said Code. the the case (5) years but not more than ten [10) years. have been paid by another. (6) years and one (1) day and to pay a fine (1994) component crimes which are regarded as under the principle of Art. Penalties. (4%) SUGGESTED ANSWER: not be taken account for the purposes of sentence? Or into are they totally different? State subsidiary imprisonment in raised case the of (2%) which commission 5 two Determine or of the whether Indeterminate maximum shall not be more than the exact age because of the reward promised to him but recommended his application. Ordinary Complex Crime vs. and to confided to Jaja that he has been keeping a in the Code the Revised Penal Code. In U. Jonas punished by special laws. 593. 4) super those convicted of If I Jaja were the Judge. et al. If you were the Judge. The imposable started accused to a maximum throwing incurs of lighted four distinct (4) super years criminal lolos and inside four liability. of which shall not exceed the maximum necessary means for committing the other the two crimes are not distinct and therefore. an accomplice because he knew of Jonas' escaped from confinement or be for the more serious crime (homicide} her trial court ruled that there was only one crime fender from the act or means employed by prosecuted for fencing under the Antiinstantaneously. A was convicted of illegal possession of in the The existence of an aggravating much so that the criminal prosecution may super lolos and pla-plas at Jepoy's law (10) for days estafa of is arresto arresto mayor mayor and in its aresulting medium fine of essentially different and distinctly punished penalty by one degree (Art. They are alleged in may not be proper to apply Article 48 of claims exemption from criminal liability. felonies of keeping being Under Appeals automatic. Dacuycuy. maximum period four (4) years. and Yongsi burned the said resulting series of felonious acts arising from a single SUGGESTED ANSWER: shall not be less than the penalty Information so that only one penalty shall be Code. proper penalty be imposed on the accused. to inasmuch May penalty Jaja 7. The court convicted about the incident. Homicide w/ Modifying Circumstance (1995) (2003) defense modified Jona's When since years. participation. to ANY total number of days amended.000.00. Jonas convinced Jaja to lend him his to finance the construction. maximum period. SUGGESTED ANSWER: and/or prision aggravating correccional. Understanding the word "inflicted" to others (Art. 1993. par. payment is of also not the lot. A is no longer qualified to apply for usually provided for in special laws. she insured SUGGESTED ANSWER: other apply for than probation? the Revised Explain. exploding 5. 3 no longer operates. there are more of them. authentic document. imprisonment is imposable on crimes principal penalty. and not on felonies impediment to the application of Art. June 28. that 1987. and carries it with co-principal. etal. In Francisco vs. since single act of firing at Paulo resulted in the crime a single as indivisible qualified rape offense and being deserving of the in with one burst of successive. Why? (3%) midnight. a grave ERROR IN PERSONAE or mistake in identity with homicide as a single indivisible offense. Requisites (2004) grease guns and two Thompson sub-machine circumstance. under the Revised Penal Code. degrees. Special Jonas and Jaja. on the other A. Revised Penal Code). with a fixed B is not the sole impelling reason which made principal does not cover accessories who SUGGESTED ANSWER: offense is imprisonment of not less than five COMPLEX CRIMES result when the offender as amended by Republic Act (RA) No. The criminal liability of the consists of the minimum period of the so the penalty for the most serious crime and 1 day to 14 years and 8 months. considered resulting his only neighbor press He from the seasonably appeal the Jepoy the trigger same in withdrawn. the Indeterminate Sentence Law should restitution. should inside be Vincent the considered latter's now yard. twelve at agree to for the will the in you probation. under which of the following circumstances: Applicable (1996) sentenced them to pay the fine. Or Jose may be following behind him. a common penal provision.50 Penal a day.45 caliber pistol so that he could it to the the building for P3. was the victim's uncle. circumstances of passion 45127 May 5. 1986. for monetary When the person is more than 70 indeterminate sentence. The guidelines in appreciating one provision of the Revised Penal Code. This is in accordance special laws shall not exceed 6 months at On automatic review before the Supreme 2) When is a the accused credited with the but delinquency.R. following behind him. crimes are not regarded as distinct crimes natural and logical consequences ofqualified his penalties provided in Article 40. conspiracy or be applied because the minimum Probation Proper Period (2005) damages caused. the denial of Roberto's motion correct? concurrence of felonious acts violating and taking up arms to overthrow the duly ALTERNATIVE ANSWER: knock down Jepoy and to end his arrogance. be determined then No. two because the or A or purpose penalty fine. 3) If the aforesaid documents are shown to In SPECIAL COMPLEX CRIME.00 with subsidiary the bloodstains inside the room. the range In error of prision in personae old. determined he individually when shall without the (People continue felonious and regard v. In the last case. degree. 3. was convicted by prision correccional (six (6) months and one SUGGESTED ANSWER: The period shall not be less than twice the No. The as a necessary means for committing and Yongsi burned the said building imposed. Vincent applied personae. the court in the exercise of of destructive arson because they collectively circumstances after the off-setting it(1997) would Penalties. automatic fire. circumstance of treachery was found to be 1990. of by Law. Roberto was convicted May the judge impose an alternative Under the law. can be charged with the with imprisonment of from five (5) to ten (10) and he was sentenced to death. anthis order granting orsubsidiary denying considered in case because the basis of Attempted murder is a less grave felony. the Sentence resulting felony If so. sedition or espionage. Not with People us. 20 of years and one (1) day in prision mayor. Upon knowing that the throwing of the super c) a straight penalty of 2 of years. lack of Do they alter the criminal liability of an advances to her and with force and violence. is there are of the same Code.1993. the penalty for his find him guilty of the complex crime of age hand. because as the maximum. exposed to danger the life or property of the SUGGESTED ANSWER: minimum of the MAXIMUM sentence. he is not entitled to the benefits of the act caused two or more grave or less grave year. incurs 4) When criminal the liability person is either convicted as of an 1) Persons convicted of offenses punished committed was bailable. and her a single indivisible offense being punished in (2%) applicable only ifthe THERE IS NO hit Jepoy's five year old son who was Josethe commit? Discuss their criminal liabilities. learned their while celebration by having a drinking spree 41). reclusion penalty for homicide reclusion temporal the Jepoy's Hence. Barred by Appeal (2001) The proper penalty is ANY RANGE WITHIN No. the same penal provision. applies as producing Upon for probation. which is only the penalty actually therefor under Article 20 ofbuilding the Code. Court of Appeals. not less than This six years a mitigating but not more circumstance than and order her to serve the subsidiary have any accessory penalties (People vs. Is he Moreover. accused-appellant contends that full time of his preventive imprisonment. you have decided on AS TO PENALTIES -In ORDINARY COMPLEX Indispensable cooperation for the complex SUGGESTED ANSWER: rules ofPres. Ledesma. plea of guilty. a subdivision developer. Ergo. A heated Tata owns three-storey building located at comply one year with Imprisonment.00. A SPECIAL COMPLEX on the other B. King application for probation shall be entertained such that each act merely constitutes amade partial can suffice. Assume in the preceding problem that there King. penalty no longer is to qualified. ie. People Alvero. which Instead. upon appeal to or DELITO CONTINUADO. of who. MCB trial judge correct? Explain. months of with been of high-powered legal of an fully. I will apply the provisions accused Vincent was given the benefit of the and recommendation of the probation not its execution. Four felony. Taking into knowing several How will felonies. King's adopted brother.00 him an charges and the insufficiency of the evidence had already three (3) previous convictions by in identity resulted to a crime different from allowed because it favors the accused. he having pressed jewelry the proceeds of theft and with SUGGESTED ANSWER: Impelled by a single criminal impulse Stage of execution and degree of present. and Theft. 48. pars. Then King killed Laura and took appeal from the judgment of conviction. additional penalty when an offender is turned out to be different from and not the If the imposition of straight penalty which prosecution. Life Imprisonment (Art. Judge Callejo. a or straight a public complainant's officer. are the a granted long-time excluded law. Penalties. His previous b) Supposing before the Order of Discharge under Republic Act 7659. No. the The attempted penalty next felony lower on a proved is that she is less than 12 years The Indeterminate Sentence Law is not Life imprisonment. 1732. 19. Is the penalty proper? Paulo but missed. G.. as maximum. ALTERNATIVE ANSWER. I have discretion to impose the instead such blow landed on an unintended he found guilty of Robbery with than six years (Sec. considered as a starting point is the whole of Indeterminate Sentence Law. rebellion. Jonas immediately shot him with Jaja's . with subsidiary imprisonment in At the height of an altercation. and the mitigating 2% even grudge offender motion eligible though and against for need probation. The death penalty cannot be inflicted both fine and imprisonment. conspiracy or liberty. 7959. either two urged Yoboy and Yongsi. Only then can the case of the as baptismal certificate and school records. Accessories & Fence (1998) Complex Crime. . such as otherwise known as the Dangerous Drugs Act. penalty cannot or for having be inflicted been is previously no. prescribed by the same. 2) shall sentence the accused to an because they were brought about by a single imposed on him was thirty days only. crime? What is the penalty therefor? (4%) insane before itto could be executed and while a) police above-stated. which is is 12 SUGGESTED ANSWER: 1860. The No. twelve 13. 9a). ie. probation. Aberratio ictus vs. This therein. 63. of SCRA the 48. 49. he had been found indicate that B. the killer supposedly induced report on his probation. 8) Those whose criminal design by providing the firearm. of Hence.. the circumstance in which victim maybe proven by authentic document. briefly. 2. of the is made victim up raped of two has not or been more proved crimes fully automatic M-14 sub-machine gun.00 with the accessory penalties Distinguish aberratio ictus from error in one indivisible offense. Panellos. as or he would get what he CRIME wanted. 27) and accessory penalties (Art. b) he is not PENALTIES disqualified from such credit for differently. penalty to be imposed is result and the penalties are to be imposed laws which impose reclusion perpetua. the such that each act merely constitutes a partial wounds in his body so that he died despite in one decision to suffer in each case a Indeterminate sentence shall be the penalty accomplice or accessory. Habitual felony: both are punishable by afflictive occurs when the offender actually hit the not a complex crime. 3) those Criminal Liability. reclusion perpetua is now a divisible penalty? the penalty imposed is death. 122507. (2%) perpetua or life imprisonment before they range of which is twelve (12) years and one exploded which circumstances. 6) those who shall have which shall not exceed the maximum fixed ABERRATIO ICTUS or mistake in the blow Habitual Delinquency &that Recidivism (2001) ALTERNATIVE SUGGESTED ANSWER: ANSWER: Probation Law (PD 968. When Jepoy came out.R. susceptible of division. At least two (2) crimes the building for P3. Total Term several offenders. terms of the indeterminate sentence for applying for probation. Art. of in at whom the degree If on which to C prison or Evidence is the it converted killed should the was rules terms convict directed by shall be on B. Non-Exemption as (2004) by the Chief Executive. the proper penalty would be 6 PD1990) now provides that no application for must separately pay the fine. G. April unintended victim. Factors tois Consider (1991) offenses punishable under the Revised Penal 2) An accused credited with the full time present conviction does not disqualify him Homicide with Attempted Homicide. Probation Law. In the course of their conversation. Hence. And the crimes which case the lesser penalty between the shall be applied according to the is rules on years).imprisonment 4. coup d'etat can be complexed Even if there are two or more mitigating he such is28. life perpetua to death. the penalty shall be commuted to months. the imposition of the death penalty. 1992). 5) Those who areLaw? habitual (attempted homicide) thusto falling squarely cases have not been met. A asked B to kill CArt. The some money. (3%) insolvency by isthe Regional Trial Court of Sentence Law applicable or not. Paco. or granted if the defendant has perfected an execution of a particular crime. The reasonably you apply it? anticipated orfiled foreseen by the of same was taken from Laura. No.45 be impelled by one criminal orof purpose. error in personae is have specifically been prescribed for all the exempting circumstance. Bernardo us. amended by Republic Act 7659 or PD argument between Jonas and Jepoy ensued No. RPC). and with no aggravating period. among others. be Reason the 1933). a straight penalty may be imposed. Since the two Under the Indeterminate Sentence Law. 72319. At sedition or espionage. has to commit an offense as aof necessary reclusion perpetua shall be from 20 years 147678-87. so require. Relador 60 Phil. but the six No. B(4%) was willing to kill C. What crime did Tata. no intent to commit so grave a40 not more than 1 requires year or a public fine of not lessa pla in Bocaue. (People us. maximum period. So. pay the private complainant the amount of long-time grudge against his neighbor Jepoy Penalties. he when term an aggravating term". the bullet What crime or crimes did King. since A him. person to whom the blow was directed instituted. and constituted government. 1999). as and habitual delinquency are correctly committed were it not for such reason. provided that: piracy. When Jepoy came out. he the the is not should Error conduct amount the for (a) as penalty in If long the he personae. does into imposed. June 30. in more than one municipality or only city. serving as act towas whether his G. 1989) act. while life case against him is being heard. he received it from King and Probation Law. the out When would the Indeterminate Sentence Law 1) Yes. 5. Formigones. RFC.000. Explain. reclusion perpetua. a Law fact proved byof the oneORDINARY indivisible offense. Compound Crime (2004) "when the guilty person is more than 70 as MINIMUM to prision correccional in its Homicide (2000) ranging from one terms ofwas conditional pardon granted to them firearm Jonas and still he concurred in(People that 1 day toto 20 years). of fire under the circumstances which the MINIMUM sentence under the ISL and the and based on the evidence presented and participation and Jaja as co-principal by voluntarily agreed in writing to abide by the imprisonment does not exceed six (6) years commission of two felonies. 10. determine or he would get what he wanted. convicted of misprision of treason. as amended by The penalty is not proper. She wanted which decision applies of the to RTC this to case. Arellano. Nos. MCB's defense will not prosper because Indeterminate Sentence Law (1999) SUGGESTED different from ANSWER: each other and therefore. or an offense is committed could collect the insurance proceeds. of a be should parole in below term identity be when and 3 of Reclusion perpetua is a penalty prescribed inducement because the reward he promised accessory by virtue of relationship with the a special law. only one penalty not be used as a defense as it is not an Complex Crime vs. 2) In the absence of the a) the penalty imposed on him for the crime There being two (2) mitigating CRIME. I not will convict Pedrito and as the age of the victim is concerned. the death would 4) be In the absence crime of the of a other certificate and vice of live crime and without which the crime would not imposable penalty is from 6 months. Is for Robbery With Homicide. though related to the principal of was found guilty and sentenced to six (6) execution of his sentence be suspended. had his own reason to kill C out of awas Indeterminate Sentence Law. the proper prison penalty isin period. GR No. he is grave applying was of sentenced bullets and/or for Jonas probation. King committed the composite crime of Rape Yoboy and Yongsi are principals by direct were performed. The component makes a person criminally liable for all the reclusion perpetua. 67301. 6 months 2 of the at Rev. midnight. because the Indeterminate Sentence Code may apply under the conditions therein the proper. special complex crime. and praeter intentionem? consuming three bottles of beer. as the accomplice or accessory.It and their cannot the Quezonbe City. I and believe that SUGGESTED ANSWER: the accused has perfected an appeal from How are the maximum the minimum liabilities. The component Indeterminate Sentence should be the penalty exceeds one year. for monetary necessary means for committing the other circumstances. Jonas and Jaja started year after her delivery. reclusion Supreme Court. reckless trial judge sentenced A to just one penalty of case of the one decision imposing multiple prison imprisonment the same and can be imposed of arson through imprudence and penalty of fine or imprisonment? fixing maximum and the minimum COMPOUND In 4 circumstance Consider CRIMES the no. Jonas and Jaja started defense that being the mother of DCB. Reclusion Perpetua (RA) No. Is PX The essence may be the same and thus years of age at case of insolvency. "INFLICTED" The is to qualification be construed as for probation maximum.D. RA 6425. time one piece of jewelry belonging to Laura. how would you decide period. how concurrence of felonious acts violating a Benjamin was unlicensed and the qualifying (Bala v. Penalties. to a lot being buyer only despite a straight full Imprisonment (2005) RANGE within prision mayor maximum (ten imprisonment. fine of P50. SUGGESTED ANSWER: Death Penalty. the upon trial however a Judge. 7959 (2005) Continuing Offense vs. The her jewelry. to commit continuado mandates that only one those whose sentence imposes penalties Complex Crime (2003) a) What is the proper period of probation? complex crime of attempted murder with years. I would convict Jonas as principal by direct Code determined? (3%) of his preventive imprisonment if he either from applying for probation. correct and because sentenced it to does suffer not The crime of coup d'etat cannot be E and M are convicted of a penal law that (10) years and one (1) day to twelve (12) subsidiary imprisonment for violations of IN CONCEPT 1) When is there preventive imprisonment? delinquency. Judge Laya rendered his decision the under lost same or the destroyed sentence Probation shall or otherwise Law be fixed of unavailable. is made up two or more crimes decision revoking the grant of probation or the penalty to the next lower degree under municipality or city. actuated by malice and with the use of a PRAETER Itos was convicted INTENTIONEM of an offense or penalized where the residence without prior approval of the court. 73 SCRA 77). resulting in the death of the latter. a stranger. Judge. within the as the 2 specifically or for provides having failed the application to Accessory surrender thereof voluntarily of the may be required to pay the civil He was sentenced to suffer a penalty of six crime. felonies or when an offense is committed as to construct a new building but had no money but caliber alleged in one information either because wrong as that committed and voluntary than but not more than double the amount ofa December 31. 51385-86. with the accessory MAXIMUM. the inducement made by the Indeterminate Sentence Law (2005) offender to profit by the effects or proceeds Appealable (2002) were remanded to the trial court. Aberratio Ictus. with distinct penalties. when a penalty contains Jaja bought ten boxes of super lolo and plawith TBI Pawnshop as a pledge for P500 reclusion perpetua. 3) When.00. victim having sustained several bullet Code. 7659). the Supreme Court held thatlife in Are "reclusion perpetua" and sold it. for of not offenses transmutation the intended Sentence unless is immaterial victim. and 1 the crime committed. crime and special complex crime as to SUGGESTED ANSWER: grave and aa grave felony (Art. GR 86561. I his will impose an Pecuniary penalties include fines and cost of A complex crime is constituted when a single Yes. Doming and exceed P5. Maganda was unable to pay the in view of the latter's refusal to lend him (1994) SUGGESTED ANSWER: by inducement because Tata is directed a principal those already sentenced byold final judgment guns punishable under the law [RA No. be 12 years of age and what is not sought to be punished with death or lifePecuniary liabilities do include Criminal Liability. the institution imposed upon its (Sec. vs. etal. where Doming's the rate of acts.R. Error In Personae & Continuado The judge (2005) denied the motion on the ground about the same time. Jepoy became furious and (5%) to: subdivision The penalty title imposed. Also.e. reduced bullet. jointly and It was ruled that for the purpose of knowledge every F2. be inapplicable? 4% the (2005) offender/ offenders committing the coup 1 day to 40 years. whereas coup d'etat where the crime committed was parricide de la Cruz vs. Jonas and Jaja be charged with? (2%) No. maximum 9) Where On decision liable crimes the Those If the you death as by accused provided were resulted. offender although a series of felonious acts destierro. There must first be issued by the court an A. 47. if clear and credible of theas victim's the execution of the sentence upon being so amended. the was are the appeal convicted determined preventive In resulting the on the of a against period be lower each the according reduced Rules past. the committed Penal in acts had their to Code. to burn her building so she years of age. Recidivism SUGGESTED ANSWER: arson which the latter would not have information should be filed against the which do not involve imprisonment. one having day of been imprisonment done with for Court. The Court may revoke her probation. Life Imprisonment imprisonment does not exceed one year. because the Supreme Court has SUGGESTED ANSWER: penalty prescribed by special laws. nonetheless he sold it for P2. Indeterminate the RTC of Makati Sentence for failure Law does to issue not apply the Penalties: Fine or Imprisonment vs. Jonas the the penalty Probation toto maximum Code be should somebody term be fixed applied else. 21 and 3. 92506-07. Maximum Term vs. and violating one and What constitutes a complex crime? How State with reasons whether the court may law violated although its execution shall be in the coup victim's d'etat mother may be or any relatives person concerning or persons Prior to his conviction. Jan. as maximum. the commission the proper of the period crime of capital punishment could not be imposed on and when isof he credited with 4/5 thereof? convicted a third time or more for specified victim intended. Under same provision. 968). 7) Those who violated the criminal design even before he lent his its maximum period (17 years 4 months and committed by A for the reason that. on the other hand. by the will offender you apply and the the resulting prison penalty. 1999. Aberratio The No. the applicable law. proposal to commit treason.00. The two accused Yes. Indicate the five crime of murder with homicide. and one (1) day to six (6) years compound and complex crimes as concepts media against firecrackers and gun-firing DCB. minimum. one grave death penalty. It appears that there is one aggravating Maganda was charged with violation of the consequential damages. Qualified Rape. because the penalty is less than one Tata owns a three-storey building located at two or more crimes being punished in mitigating circumstances (passion and imprisonment of not less than 30 days but SUGGESTED ANSWER: Jaja bought ten of lolo and plaupon a woman but its execution shall be applicable law. the penalty that should be crime nor more to prevent than 12 its months.000. each having hit by different bullets employed were the judge. the maximum term felonious act or because one offense is a entitled toguilty probation? Explain briefly. one (1) month does not disqualify him from If I SPECIAL were the Judge.00. argument between Jonas and Jepoy ensued convicted of misprision of treason. Instead.4] GV was convicted of raping TC. hitting Tiburcio instead. is correctly considered because Juan offender is not affected. for a The term "CONTINUED CRIME" or delito the time of approval of this Act. ordinary complex penalty to the minimum period. Criminal Law Examination Q & A (1994-2006) Criminal Law Bar Examination Q &Bar A (1994-2006) 34 of 86 27 of 86 28 29 30 31 32 33 35 36 . SUGGESTED ANSWER: exact penalty to be imposed. against the Government and led by persons or illiteracy and lack of intention to commit so the one imposed and in the maximum meritorious? Explain. What is their respective crime. It involves Pruna. Ledesma. would imposition be may and sufficient a not prison be Ahit exceed be For released instead liable of term. Determination of the Crime (1999) Yes. Pecuniary Liabilities duration of imprisonment from years SUGGESTED ANSWER: B kill C. 4. violating one medical assistance given in themaximum Ospital ng properly prison term imposable of one (1) under year and the one same (1) Code day of offender. the trial Judge or more grave or less grave felonies resulted consideration. view appealed single once of his taken occurs thus imprisonment. will not justify the lowering of at competent court of any one of such out of his house. a court cannot lower the probation. penalty. or the testimony penalty can be imposed if prescribed by theon versa. Not On June 10. because in penal law when there are Tata. there is no legal imposed but the maximum shall not exceed G.R. the trial court cannot consider crime shall be imposed and in its maximum criminal liability? shall be imposed and inCRIME. 48 of the circumstance. Four (4) persons were killed notorious attended the disparity commission between of the crime. Martinez. For some judgment each money. Juan Laya of the Manila RTC The accused was found guilty ofpunished grave oral its discretion shall determine what shall be caused the destruction property means SUGGESTED ANSWER: SUGGESTED be very logical to impose the minimum of Imagine that you are aof Judge trying a case. the against him a finding of recidivism and. as ten he the the (10) has firearm Court light been years. the check. No. 2004) providing an intent to commit so grave a wrong. he is not If entitled to penalty within the said minimum victim. Period Covered (2004) penalty. the penalty for the most serious crime the check. prision mayor. not susceptible of division. the penalty for the most serious guilt of two (2) accused.

Suspension of sentence for first offense of a minor violating RJV. either as an adult or as a minor. 4% judge committed an error and for sentence because he is no longer a minor at which the accused should not be the time of promulgation of the sentence. can apply for and/or be granted a suspended sentence. therefore. 5a). and therefore. The money and PD 1990. so long as the offender is still a minor at opinion in Francisco vs.Criminal Law Bar Examination Q & A (1994-2006) sentence is required and thereunder it is one of the conditions for suspension of sentence that the offender be a first time convict: this has been displaced by RA 8369. Juan can no longer avail of the probation the sentence and ascertain any civil liability Explain. entitled to probation as Sec.D. 2. 6. Then and forfeits Ricky his dashed to the sentence of Victor conviction right to street and shouted. A is not entitled to a suspension of the suspension of sentence? Reasons. decision is remanded to the trialand court recidivists. Suspension of sentence of minor above 15 but below 18 years of age at the time of trial under R. Victor scooped up the money from the effect that appeal by the accused from a cash box. by Appeal (2003)decision although A was below 18 years old when he asconvicted the trial court's Juan was of the decision Regionalwas Trial Court committed the crime. not his judgment of the appellate court age when he committed the crime.(Sec.A. 9344. Sec. If I were the judge. It is Appeals. Thirdly. I will deny the whipped out a knife as he announced "Holdapplication for probation. eight months imprisonment. Suspension of Sentence. CA 2 Are minors Rod and Ronnie entitled that this question was asked. Ricky. Francisco vs. he sought a suspension of the one which allows probation it is but sentence on the ground that he was a fair and just to grant him that right SUGGESTED ANSWER: Should he be entitled to a juvenile offender because it is apparent that the trial No. 968. De la Cruz vs. After ordering beer Ricky complained that he was shortchanged although Mang Pandoy SUGGESTED ANSWER: vehemently denied it.D. the sentence shall be suspended cannot apply for probation anymore. He appealed both his conviction SUGGESTED ANSWER: for execution see sentence? Explain. there is a need to re-examine the Suspension of Sentence. So should be Barred considered a new Probation Law. Suspension of sentence of minor under P. PD NO. This is the second consecutive year other articles looted from the store of Mang to Llamado vs.A. Victor and Ricky entered the store while Rod and Ronnie posted themselves at the door. 968) Suspension of death sentence of a pregnant woman. as amended 1 Discuss fully criminal liability by of Rod Victor. 83. Rod and Ronnie went to the store of Mang Pandoy. provides to this effect: that if the minor should be credited with some points. 9344. insanity (Art. much as the accused A was 2 months below 18 years of age when wanted to apply for probation he is he committed the crime. law and jurisprudence the not entitled to the benefits of are the to law. Suddenly Ricky 1. 9344 is outside the Code) . Suspension of sentence under the 32) (P. that an sustained Juan's conviction but reduced his The law establishing Family Courts. Section without the need of application pursuant to 4 of the Probation Law. CA: Ricky. 5. he is no longer advantage ofa the law when the Can offenders. when the sentenced. as amended. (Sec. Judicial tribunals in For purposes of suspension of sentence. "Tumakbo na kayo!" probation . 603 as amended by R. Firstly. It is the of Pandoy were later found in the houses case). He was 23 maximum penalty is NOT when he was finally convicted and PROBATIONABLE. PD 603. Could Juan is found guilty. 37 of 86 for probation mandates that no application Suspension of Sentence. Revised Penal (NOTA BENE: R. but he was already 23 vacated. made to suffer. Instead of preparing to serve a maximum penalty was reduced to jail term. Right. The accused is not up ito!" and stabbed Mang Pandoy to death. PD the No. Judge Callejo. suggested. 9 of the Rod boxed the store's salesgirl Lucy to Probation Law. Welfare Code? Explain. 9165. probation 7. (5%) 1. validly ask for suspension of years. Balagot. law. prevent her from helping Mang Pandoy. He was charged proscribed from doing so as the with the crime 3 months later. suspended sentence under The Child and Youth sincere belief of the Committee that coverage of the examination) Victor and Ricky. CA). imprisonment of more than six years" are As The soon as Ricky had stabbed Mang Pandoy. Act examinee answering in this tenor sentence to a maximum of four years and 8369. conviction of the trial court. the court should promulgate SUGGESTED ANSWER: forthwith file an application for probation? No. 4% the penalty imposed (Please upon him toDissenting the Court of Yes. The appellate court ultimately the time of the promulgation of the sentence. Suspension of sentence of minor above 15 but below 18 years of age at the commission of the offense. Bernardo us.A. heto could take of a crime and sentenced suffer the penalty years old when sentenced. Revised Penal Code). However. 3. Minors (2003) doctrine. 2. Secondly. as amended. otherwise known as the "Child and Youth Welfare Code" (RA 8369. was 14 and Ronnie was 17. When specifically mentions that those who "are Lucy ran out of the store to seek help from sentenced to serve a maximum term of people next door she was chased by Ronnie. 4. Adults/Minors (2006) There are at least 7 instances or situations in criminal cases wherein the accused. Youthful Offender (1995) Victor. 8% because he appealed from the judgment of which the accused may have incurred. Rep. while acting with 4. (Art. who are of imprisonment for minimum of eight eligible juvenile for suspension of the sentence. Rod and Ronnie. SUGGESTED ANSWER: Enumerate at least 5 of them. 968. 79. the this jurisdiction are not only courts of offender's age at the time of promulgation of law but also of equity. the the sentence is the one considered. hence. the CA. Suspension of sentence by reason of discernment. It is under PD 603 that an application for suspension of the shall be entertained or granted if the accused has perfected an appeal from the judgment of conviction.

No.. The complex crime of robbery with homicide is punishable by reclusion perpetua to death under Art. 724. Conspiracy to Sedition. Indirect Assault. Coup 2. 6. because the benefits of suspension of sentence is not available where the youthful offender has been convicted of an offense punishable by life imprisonment or death.38 of 86 Proclamation 1160. 1 . 11. to commit Inciting sedition. Direct Association. which amended Proclamation 724. 2. Thus. 3. RFC [People vs. Illegal Assembly. 724: 1. 230 SCRA 486). amending Presidential Proclamation No. 9. SUGGESTED ANSWER: EXTINCTION OF CRIMINAL LIABILITY Amnesty vs. respectively. 16. 14. their applications shall be ineffectual and useless. Inciting to rebellion or or employees.5%) Crimes covered under Presidential Proclamation No. Rebellion or d'etat. Tumults and other person in authority. were changed with conduct unbecoming an officer and a gentleman SUGGESTED under the ANSWER: Articles of War. PD 1160 (2006) Can former DSWD Secretary Dinky Soliman apply for amnesty? How about columnist Randy David? (You are supposed to know the crimes or offenses ascribed to them as published in almost all newspapers for the SUGGESTED ANSWER: past several months. Unlawful use of means of publications disturbances. 7. which amended Proclamation 724. General Lim and General Querubin of the Scout Rangers and Philippine Marines. 10. or insurrection. Can they apply for amnesty? (2..5%) Proclamation 1160. Illegal sedition. Illegal Possession of scandal. and unlawful utterrances. firearms. Galit. 192. Name at least 5 of these crimes. Conspiracy to commit rebellion insurrection. applies only to offenses committed prior to 1999. 17. certain crimes are covered by the grant of amnesty. Art. 5. 294 (1). Resistance and disobedience to a Assault.. their applications shall be ineffectual and useless. 13. Disloyalty of public officers insurrection. Proposal to commit rebellion or insurrection. pursuant to P. Thus.D. All are liable for the special complex crime of robbery with homicide. applies only to offenses committed prior to 1999. 15. 603. 4.5%) . Alarm and 18. 347. No. Amnesty. SUGGESTED ANSWER: (2. 8. Crimes Covered (2006) Under Presidential Proclamation No.) (2. 12.

place it d) PARDON does not alter the fact that inside the trunk of her car and drive away. absolute pardon does not exempt the culprit concubinage prescribes in ten years. Effects. and right after Proclamation of the Chief Executive with the his graduation inCongress Criminology. Code isand also extinguished. as marriage communities who Thus may be guilty of political is not property. No. when Marcy filed a b) PARDON is exercised when the person offenses. even his parents and relatives. v.which and ais million-peso estate. & Civil Liabilities. the OW is a private person engaged in cattle authorities. False Testimony (1994) before the required for a new appointment. Under Article to 91. of his death on his SUGGESTED ANSWER: Cavite of preliminary reinstated to her former position without the as well for as purposes civil liability? Explain briefly. sentence shall remain as effects thereof. (5%) The death AX various while his appeal the investigation. isshe not accepted. she wrote the pay P150. He contended Penal Code (Art. anyone. reasons. while AMNESTY may be was well within the reglamentary period as it exercised even before trial or investigation. second marriage in the for civil ofindemnity may was be the claim civil registry Davao City instituted under theto Civil (Art. committed in February 1987 was filed What against treasurer. through falsification of because public the crime has not yet prescribed and legally. if it were Alma who died defense of prescription of legal the crime. but not on from payment of civil liability. TRY contended he notdiscovered disqualified agent of an authority.000. 1988. estafa. . Death of affirmed the judgment of conviction. Is contention correct? SUGGESTED ANSWER: marriage was registered in the civil registry of called to witness stand. Alma to 1955. September 2. (2. accessory penalties perpetual absolute ranching. whilestepmother. 152007. the fromand breast cancer. The Davao City three days after celebration. her position inasmuch as her right the former accused had been with finality Court. the offender of the penalty of the offense for One fateful CA. the pardon does a protracted not homicide extinguish trial. such as (10) law.000. contracts. The filing SUGGESTED ANSWER: the of delicts.000 as civil indemnity and the crime been discovered by the authorities Prescription of Crimes. Concubinage (2001) Department of Finance requesting that sheAX damages. 1994) Enumerate the differences between pardon bigamy is computed from the time the crime and amnesty. computed from the day the the crime is 830. 1987.of he saw AM stab CV disqualification and civil interdiction during treacherously. 89. Claiming she of liability insofar as it arises from theLinda crime jurisdiction since the crime was committed in should not be made to pay P5. and restored determined by the allegations in the 193) her eligibility for appointment to the thatresult office. of agents. unless from the kitchen their neighbor and such rights are expressly restored by means playmate. The prescriptive 236 SCRA 239. But subsequently he from was granted prescription commences to run the day pardon by the President. As his lawyer. Malolos. In the case at bar. The trial court President extended to her an absolute private person saw the killing but never sentenced him to a prison term as well as to pardon which disclosed it. Ara. One night. Hence. No. offense 1994 a authorities or false their Joe filed raised the committed by her is agents. Interdiction (2004) of 20 & 1/2 death of AraCivil despite the lapse TRY was sentenced death final years. about President. 236 entitled to reinstatement? Explain. the OW. jurisdiction a courther in a criminal case is (People vs. or the of right of suffrage. Joe left Marcy and City Hall of Manila burned down and the entire the court that with Lorna's death. was never seen nor found. by the period of judgment. because the offense is committed Linda. Itis was by because he was already pardoned by the the NBI authorities only when Albert revealed SUGGESTED ANSWER: President unconditionally. of homicide prescribes in 20 years. as if strangling the the 5-year old Ara Albert the had committed no offense. Criminal & Civil Liabilities. The decision became criminal case. G. Bayotas.of par. while to land or property disputes should not be AMNESTY applies to classes of persons or applied to the crime of bigamy. Jr. However. testimony for favorable to the defendant in a years 833). it is already convicted. case is stillmanifested pending. and OW told no unless such penalties have been one what heaccessory had witnessed. what step will you pending appeal her elapsed conviction. Effects. Bigamy (1995) Paolo Abby during their heated same shoot province. Department that Linda be the effect. the offended party nor has By reason of such pardon. The pardon was on which the crime is discovered by the silent on the perpetual disqualification offended party. (5%) despite the lapse of 25 years. Ara's very angry and and abolishes offense and to itsdeath. Andrew was again extinguished. metnow and records of the case were destroyed.000. The was subsequently filed Penal with appealed to case the Office of the President. Paolo wasAfter charged with before Bulacan. the liability of by Alma based on the final on January 10. Civil Code. 1998 when the Judge of said court theJuly City Treasurer to see to it that the sum of extinguishes his criminal liability. The case reached the Supreme which commence to run only from the Court day on which Extinction. such as law. For fear ofbeing his life. Is the only ground for reinstatement on the ground that the crime had already predicated on a source of obligation under to one's former position and that the prescribed. Andrew. testified that he saw appeal Regional Trial Court of the Prescription of Crimes. a former complaint for concubinage be restored to her post assistant met a fatal accident. His opponent sought to disqualify not the offended party nor an authority or an him. 1157) if constructive notice the Code whole world of the Has the crime charged against Joe predicated on of a bigamy source of obligation other celebration thereof thus binding upon Marcy. Galano. Yesterday after expressly in priest. Albert reported SUGGESTED ANSWER: concurrence of is a public act of the crime to NBI authorities. The second records were reconstituted. on 3. convicted. After pardon. Reinstatement (1994) SUGGESTED relieve of the effects the conviction Can AMhim beANSWER: prosecuted forof murder despite the Yes. quasiSUGGESTEDand ANSWER: contracts quasi-delicts (People vs. while spread the news in the neighborhood that Ara AMNESTY removes the criminal liability of the went to live with her grandparents in Ormoc offender because it obliterates every vestige City. contracts. Bayotas Pardon vs. resulting in who homicide. would it affect No. Albert did e) PARDON a private act not by tell the of the crime.R. While his appeal was pending. RPC). (5%) Yes.5%) was discovered by the offended party. The absolute pardon period of prescription in as much as the Offended extinguished Partyof (2000) merely criminal liability. the State can still prosecute Mina for the Pardon.00 commenced run. testified thatand his first testimony was false and her criminal civil liabilities? Explain. The crime which the courts should take judicial notice. is Roberto in the Municipal Trialmay Court ofcriminal Tanza. APP. Can the state still prosecute Mina for the death of Ara despite the lapse of 20 & 1/2 years? Explain. The principle of a) PARDON includes crime applies and is constructive notice whichany ordinarily exercised individually by the President. representing to the balance of the amount The period of prescription of a crime shall defrauded. While thedied. lapse of 25 years? Reason briefly. 91. Article 40 contention correct? Reason briefly. He left aas young widow. During the crime has been discovered by the accused pending appeal (2004) the pendency ofthe Linda's motionor for offended party. AM can be prosecuted for murder Linda was convicted by the Sandiganbayan of unless expressly remitted in the pardon. Death of reason ofCriminal her conviction. the (Alma's)in criminal and civil liabilities are married Linda onAlma's 12 June 1960. he of pardon. his the crime was known only to who was hometown. it from was only necessity ofof a For new appointment and directed judgment of the trial court is pending. (3%) death of the 1975 offended does not On October Marcyparty who remained the 10 truth was he was abroad when the crimein extinguish the criminal liability of ofJoe the Batanes discovered the marriage to took place. case was pending 36. Lorna who was then suffering Joe Marcy were married in Batanes in argument. than fifteen years of having from her the take? criminal liability shall be extinguished and celebration of the bigamous marriage up to therewith the civil liability under the Revised the filing of Marcy's complaint. After two years. For 25 date years. not by of She has to re-apply for proof. it follows that civil 2 PaoloHence. (5%) No. 1157. while 5which he has been convicted. TRY's contention is not correct. The case of giving testimony was against On theof other hand. liability arising While fromthe the crime. he heard a strange noise coming public office. than delict. effects. TRY'S to them the commission ofIs the crime. civil decided the case by dismissing itthat for The lack P5. investigation. The judge immediately ordered offender. Trial Court of Moreover.Factoran. still vacant. Alma the the was civil (Monsanto vs. She was sentenced accordingly prescriptive not even and ordered period to pay. 1 Will case against Andrew prosper? complaint against Joe. discovered the offended party. This is to consultingremitted the parish OW decided because pardon only excuses the convict tell the authorities what he witnessed. Amnesty (2006) period for the crime of No. When he peeped inside.00. Commencement (2004) time Albert revealed the same to the NBI by reason of commutation or pardon. AMNESTY looks backward saw Mina. 233 SCRA night 155) in January 1990. was acquitted. the his commission TRY ran for office as Mayor ofAlbert. interrupted and suspended Extinction. On 1 March 1976 Marcy filed the prosecution of Andrew for giving a false a The crime ofbigamy bigamy prescribed in fifteen against thethe State [People vs. then throw the dead man's thirty (30)a years from the ofCVs the body body into ravine. Is Linda Was the dismissal by the fiscal correct? Civil basis indemnity and damages under the alleged prescription is (People not correct. its document. Linda is not entitled to reinstatement to Revised Penal Code are recoverable only if of the complaint with the Municipal Trial SCRA 239 ). although only forconvicted preliminary thereto had been relinquished or forfeitedthe by before he died. the accused is criminally liable as it produces The dead body of Ara was never found. RPC. complaint or information. Twenty and a half (20 person pardoned. revealed thatthe AM sentence had killed CVdoes 25 years Pardon. must be pleaded and proved by the what he witnessed. Commencement discovery on 10 October 1975. the pardon.Criminal Law Bar Q & A (1994-2006) Criminal Law Bar Examination Q &Examination A (1994-2006) 41 of 86 39 of 86 40 such defrauding For position and Lorna. On June 1. Alma's contention is notits correct. that the registration his 1. (5%) the period of prescription of 20 years for of the Revised Penal Code expressly provides homicide to run is only from the that whencommenced the death penalty not executed Prescription of Crimes. Mina only the extinction of the penalty. or their agents. 87 Phil. it does not year old Albert was urinating at the back of work for the restoration of the rights to hold their house. The law provides that the crime of SUGGESTED ANSWER: Art. RPC) in the prosecution witness. The 2 children. not dismissed absolute the City Fiscal of that Manila but it was damages may be recovered in a civil action if pardon. while AMNESTY which is & a 1/2) years after the incident. and recoverable under the Revised The Office of the President dismissed the Manila. more estate Lorna can continue the case.. not extinguished. but indemnity and appeal held acquittal. in Revised Penal Code). under Alma the usual wasprocedure charged Prescription of Municipal Crimes. Misola. complaint for bigamy on 7 March 1976. (Sermonia vs. Andrew. asee Art. the authorities or their of TRY to hold any public office. Effect. authorities their AX was convicted ofsaid reckless imprudence reconsideration the Court. Effect. 75 SCRA removed her disqualification. P5. already prescribed? Discuss fully. Regional Trial Court of Manila. the Fiscal's dismissal of the case on quasi-contracts and quasi-delicts. sawperson Mina carry the dead body of Ara. her settled Mindanao where he laterLater. This time he What if itthe were Alma who died. On June 18. the SUGGESTED ANSWER: authorities or their agents. 170 SCRA 191).has among others.00 be satisfied. if ruled any. and from serving but not ago. a agents (Art. was barely a few months from the time of c) PARDON looks forward (2000) and relieves Prescription of Crimes.

graver offense which be heard. Coup d’etat (2002) owned and operated by Max. mandates they The were accused ordered for such cannot to liability kill be Governor convicted and Alegre of the is 1. were punishedlike as part of rebellion in Art. radioed sort the ofthe a traffic Aparri rider light Port to changed the Authorities coupto d'etat green resulting law. 314 SCRA 370). andRep. Salona. although If youof were it the is 2. He filed a motion for guilty of? (3%) to suffer a straight three months of only in one way. Salazar. execution was served upon Guy.5%) Piracy in the high was committed by the Taking into account the nature and elements window of the car seas but lost his grip and fell renegade Ybanags. Cagayan Court was not convinced with moral certainty frustrated coup d’ etatCode). & Rape. Penalby Code was anchored. of behalf of ANSWER: the group shall be deemed the SUGGESTED liable under Article 103 of Revised Penal the liquidation squad of the the New People's Resolve the motion for reconsideration. 1) When the civil action based on with one heirs' claim for an award of actual damages. 1987 and. raising her What isdamage the difference between violation of causes to another. Act No. the end. deleting from said Article. of by entering the the Armed Forces.mention of their his subsidiary liability. If the attack is quelled but the leader two grounds: first. called a quasi-delict the penis. thus.00 for Joselito and Vicente forof the crime of murder be deemed a appeal. CC). 1) . 2001) to present any receipt to substantiate the 135 together with theis rebellion. old and needed A was a 17-year working student who was emergency repairs lasting for almost 15 beyond Hopefully. According Joselito and Vicente. More arising so.m. Employers (1998) only on June 18. Under the promote or further the objective of the New double jeopardy. therefor or the to clearly define and 7) When the judgment of acquittal and the Law of Nations to the application of Art.C. accused is acquitted andpower whileto still 300 miles from effect such change. What kindexactly of damages may the the trial court remained the same when case of reasonable doubt or acquittal is on the SUGGESTED ANSWER: award to that them and186 how much? (5%) Enrile vs. rule that from a (People v. the decision made noupon Army Even and though they killed the governor granted. Code 2) When acquittal is ofbased on felony. was negotiating umbrella for every sort of illegal activity or on from the criminal act of which the thebased sea route Hongkong towards Manila. 6968. A approached the heavy crates of electrical equipment and loaded them in their motorboat. dwelling without previous consent of the A wasmilitary charged in the an information with the vital installation for the purpose of charged with reckless imprudence resulting owner. 48 beyond reasonable doubt (Art.000. Joselito and Vicente were members failure of A to raise it in a motion to quash. the of Attempted penalty prescribed rape.000. When the communication networks. Crimes and Against National Security rebellion remove legal 31. Supposing a public school teacher committed? [3%] necessarily law the prosecutor. 5) Where Salazar the Supreme Court said offered (supra) or if the actual damages proven is crimes were deleted from for said Article. 90.000) demonstrates a apparent clear legislative intention to of a separate civil action. Revised Penal Code) Since it was committed with treachery. any as against C. under Article 134-A Upon finality ofof the decision. being persons belonging to of simple slander. public utilities or (2. there being fault the skirt accused and unbuttoning in the principal his pants. interpret the law as it stands at The any Civil only liability. a may consummate the crime. the law on rebellion. Simple Slander (1997) violence. I would charge pleads to the or information. undertaken in its name. (Art.. civil indemnity is mandatory upon a finding of Name at least two exceptions to the general The ruling in People vs. seized(2%) part of the etat or frustrated rape? Explain. C beckoned A to buy some the ship's engines and took away several cigarettes. What crime was committed? recover civil damages in view of the acquittal SUGGESTED ANSWER: civil damages despite C's acquittal. SUGGESTED ANSWER: civil action for damages for the same act or not be to overthrow the government but only Revised Penal Code).m. the Revised Penal Code. its engines malfunctioned. the Philippines. considering that the killers were Magat vs. . on the labia or lips of the female organ by and trespass to dwelling are. Revised Penal that the guilt of C has been established because in that coupwhile d’ etat mere was attack Supposing the the robbery beyond reasonable doubt and. is obliged to pay for therefore the acquitted on with January 1987 and to have sex her 10. The perpetrators. intimidation and threat against a attendance for three months. was 1992. SCRA 217 (1990) was ground guilt has not been proven The court may award temperate damages in resolved. 100.5%) of C? crime Explain. and their purpose is the motion on-the ground that the decision already prescribed. 3. and (4) contentionANSWER: of the the accused? Explain. They cut the green signal. Under jurisprudence. Said Civil liability. essential to the continued possession and Law of the State preponderance of evidence. CA. The objective member of the crew while sleeping (Art. the CIVIL LIABILITY it may even be invoked on appeal Rep. SUGGESTED ANSWER: Art 134-A: Coup d’ etat Quiapo. 135 of the Revised each count charges different acts then can be raised even afterfelonious plea. sticks of cigarettes and the the crew Salazar to found C. This is entirely separate and or laceration of the vagina. 1987 to June 18. Joselito and Vicente shot him on the assuming that the offense had already signed receipts business) and other documents issued (transportation where saidbyAt head resulting in his instant death. Such fault or negligence. Francisco vs. Art. each count. 135 saidburial. The culprits stabbed a been proved beyond reasonable doubt. Nagoya CA. While that rulings. and sinceunsatisfied the information against him was Crimes Against Public Order military installations which are essential to Demy moved for a subsidiary writ of filed more than four months after the alleged the continued possession and exercise of execution against Max. which is manned purely with in red its stopped atat an intersection because of the made around theCagayan. the car in Act the No immediately apprehension 6968. 62 he was duly notified of the suffices(CA) that members ofissuance the liquidation squad of the New prosecutors can easily the rule of motion for ofcircumvent a subsidiary writ of People's Army and the killing was upon Civil Liability. In addition to penalty of an ALTERNATIVE ANSWER: accused to file he a motion to movement quash before he identical facts which is a taken imprisonment. No. Homicide. CC}. he [2%] thecommit? impleaded time the in information the in the was criminal filed (People case. Criminal Liability (2005) prescription in light offenses by the simple execution and thus given the opportunity to orders of of their hence. paralyze Such the government Crimes Against the Fundamental requires only a preponderance of evidence through the seizure of facilities and utilities If A's family can prove the negligence of there B to by 2) On As the lawyer other of hand. C was charged with SUGGESTED ANSWER: equipment of the vessel In while it was three ROBBERY with HOMICIDE. circumstance. the two AtHernandez daybreak. even without rupture of the hymen in violation of domicile is a public prescribes in five (5) years (Art. or performed similar acts. obviously andSalazar took advantage of the situation. Then they left hurriedly towards car neutralize and handed Aparri. While waitingto for was handled down. the was endeavor domicile and trespass to dwelling? (2%) or negligence. not crime proved. but was prescribed in two months P1. the exceptions to this questions award of civil indemnity for are: his "corrupt practices ". People.S. what in crime And the since offense will you hisof liability charge grave SUGGESTED ANSWER: participated in but a coup d'etat using in an slander is Joselito not primary and charged Vicente? inonly the [5%J subsidiary information. deleting the court states in its Judgment that the case 48. was taking They was place. that rebellion may not be not denominated as moral damages which in a be criminal case. The accused was found guilty of 10 counts of expediment filing acommander. consummates the officer under color of authority. a writ of law. Art 134-A. SUGGESTED ANSWER: extinguished. in RPC). the culprits stabbed a acquitted him on the ground of reasonable SUGGESTEDof ANSWER: authorities of thecrew Republic of sleeping. Erina 50 Phil 998 the accused 2) a private Violation ofdecided domicile is committed in 3 capacity. because their attack was against vital returned due to his insolvency. abandoned its “stray” decision in People private person or public officer acting in Guy. of Jurisdiction. seizing power taking over such to physical injuries. vs. (3%) The contention is unmeritorious. G. neither members of the complement nor one be criminally liable for frustrated coup A suffered serious injuries which eventually d’ passengers of the ship. It is noteworthy that in when no sufficient proof of Enrile actualvs. violated (Revisedto Penal Code) itself Tiago. Subsidiary. damages is common crimes therefrom. in the I will crime file of a motion rape {Art. concomitant civil indemnity ex delicto for common crimes which used to be punished every criminal act should be adjudged. or (3) refusing to leave the premises crime of grave oraland defamation but after trial. January 10. in determining the to seize power by taking over such made no mention of his subsidiary liability On unknown. [Art. that prescribed. toJalosjos. is guilty SUGGESTED ANSWER: damage done. the No. the searching of papers and other effects inside Prescription Crimes. From January 10. Frustrated to speed towards A clung(2005) to the (2. member the while doubt.vs. Effect of Acquittal (2000) Captain ordered thewhat ship is to stop lies for given time. case his If I were the prosecutor.. crime If of false the accused testimony Violation of Domicile vs. is subsidiarily civilly time. from commission.P. different ways: (1) by entering the dwelling of If a group ofperiod persons belonging to the armed a pedestrian crossing street. consummated rape. par. as a cigarette vendor. civil 314 SCRA Maru 370). 123. bumped Demy. so that if Piracy in the High Seas & Qualified Piracy (2006) which the civil liability might arise did not it cannot be conveniently utilized as the 8) Where the liability is not derived exist While (Sapiera the S. case. and that he not impleaded in the the case. (2)would lackmotivated. That the common merely involves a civil obligation. Rebellion. spoke for them. athe robbery transaction Thetook amendment place. earning his keepinterpretation. B was hours. the fact of rape. temperate damages is awarded in homicide that this Article was amended. Trespass to Dwelling (2002) quasi-delict. 135 of the Rev. the same had Art 134. The car Art. In fact. in fact directed the others. 1994. The culprits. considering that the victim is the appear to be politically There is or information. Can the family of the can victim still Yes. 122. the is a Civil Liability. Penalit Code has already been amended by and ought to be punished differently. The leader motion of said for coup reconsideration d'etat (Art 135. accompanied by sustained injuries which required medical to run. How is crime of coupignorance d'etat offense deemed because to ofthe know his simple corrupt it because slander practices. The killing is murder because by the accused his motion for The crime should be in rebellion with murder (People vs. 1) The offender Crimes punishable byis arresto mayor between the parties. Guy was 1994 is more than five (5) years. directed against the duly constituted taking place. It rebellion. How you rule on the (3) no indication as to how the killing would SUGGESTED extinction of offense or penalty. 4) Where the 135. On for the such other crime hand.00) cannot apply because the common crimes 3) Acquittal due to an exempting Code). the simple slander would haveof Demy inwill theof sum of P5. b) While the general rule is the the failure of People vs. while is who shall be deemed the prescriptive period. thence the found guilty of Frustrated rape. one miles cannot be from criminally liable for hundred away Aparri. The car did not stop. who are of the felonies of coup d’ etat and rape. at about 6:00 a. the officers and Congress the need driving a car will alongperceive busy Espana Street for at Andfell significantly the said amendment to crew asleep. installation. delimit the other offenses to be includes a declaration that the fact from considered as absorbed thereby. Precisely for the reason that Art. penalty 32. time thepassed ruling in Ybanags from Claveria. 33 and 34 of the New Civilimpediment Code. the defense was waived the in their name. 122 SCRA 538. acquittal Nos. a motorboat renegade matter. the nature of offense installations. Convicted by the which he found entered surreptitiously. penalty and Art. may down on the pavement. Penal arising from theof act complained of Code as a obligations not such as expenses for the wake and cannot be applied. G. 180. What crime or crimes did the lesser offense employee cannot had pay. Commander the law orders of senior officer.000 as attorney's fees. In a crime of homicide. us. 48 the Rev. Committed by The Solicitor General opposed the motion on governmental powers. on employee is utilized. 6468. was ordered to pay If I were thecomplaint prosecutor. May 5. This was the ruling rape for having carnal knowledge with the in includes such light offense. is neverincluded excused.R. 6) In cases of "There is an need to restructure (People v.acting CC). very apparent. should R. CA. While the ship promptly seizing the initiative in was this about 7:00 p. criminal case extinguishes civil liability. The latter opposed commission of the crime. it can Cagayan. New Firearms Law (1998)Max a) 134-A. RPC. Insanity. Hernandez. are: November 16.R. waiver grounds of a against the Government. reconsideration is extinction of the offense. already he I need prescribed not be at Joselito and Vicente with the crime of O.Criminal Law Bar Examination Q & A (1994-2006) 42 of 86 43 44 Art Coup d’etat.) be Code. Since the ground invoked ALTERNATIVE ANSWER: law. or frustrated rape (Art. 31. offender itfrom has filed long trespass to dwelling. New Civil the amount of twenty-five (P25. Due to exhaustion. while driving a where passenger jeepney criminal case was with finality on was 2176. placed himself on top of woman. other facilities needed for the exercise and because was accompanied by physical acquitted it on possession the ground that guilt has not continued of his power would injuries/homicide. (2%) Damages. Whoever bya act or omission under Art. by province. any [5%] person The motion being is tothe be granted. The Court has no (Sapiera vs. under the or arresto mayor and ordered to indemnify dwelling of another against the express crime ofcrime coup d'etat. 207 SCRA 1568 involving same woman. his civil liability likewise completed with common crimes is committed are based on different jural foundations. 151251." signal of the traffic light. culprits. 29. thousand pesos. same woman. But the case against Andrew was distinct from civil liability crime of rape. 132875-76.. May 19. sped of the off. penalty that is. because. every person criminally liable is civilly Peoples Army. Temperate Damages (2006) in furtherance was because the Exceptions thethereof. either to raise the 2004). Beside B was C. which does not (1) no offense was charged in the complaint each count. 4. treat the common crimes as distinct from independent civil actions provided for in Arts. Avila. there than was a twenty-five proper reservation the filing these: less thousand (P25. caused his death. it is distinct from and should rule that in case of acquittal of the accused 515 (1994). the civil action quash the Information the ground of is no frustrated rape iton is either attempted or exercise of governmental powers. what crime or crimes are they Metropolitan Trial Court. considering that Art. is entry The differences between violation of domicile about pre-existing contractual relation arresto mayor under Art. as amended. Max as an who car traveling along the National Highway of considered. employer of Guy and engaged in an industry Laguna. Balagtas) liable. the prosecution failed common crimes were then penalized in Art. destabilize orinstituted. (5%) prosecution The is qualified accused in a committed criminal is piracy. SUGGESTED ANSWER: SUGGESTED ANSWER: Governor Alegre of Laguna was on board his leader thereof? (2%) charged in the Information should be How leader will you resolve the motion? unknown. 29. Guy was sentenced 3) Trespass to dwelling is committed required to leave the premises. Politically Motivated. On thethe accused as the purpose of the killing was because of motion to the quash. politically-motivated. shall judicial notice of as engaged in rebellion indemnity in the amount of P50. Effect of Acquittal (2000) as part and parcel of the crime of rebellion. second. As the car continued What crime was committed? Explain. NPA Members (1998) B.G. par.000 and to pay implied the latter. would charge unlicensed firearm. (2) forces makes a swift attack. 201 SCRA 21) otherwise Rarang. for damages The against B will prosper based who on prescription. 99 Phil. for Aparri. after being SUGGESTED ANSWER: the court him guilty only of the offense installation. 2177. omission may be action to Yes. A's family still recover or military camp or Explain. Andrew. 2176. 180 has prescribed because Paolo.commenced Demy prescriptive of the another against the willcrime of the latter. When Mandatory. whereas the principal negligence under the Penal Code [Arts. would be guilty of the reconsideration contending that.

another student. if any. are theof respective SUGGESTED ANSWER: Regional Trial Court Dagupan criminal City to suffer liability ofliable X of Y and (6%) b) Would your a) X is for Z? Direct Assault only. twisted his right ear. B (3%) A's followers shall be pinned liable as principals rushed towards Y and both of the in the crime of delivery of prisoner from latter's arms. Atienza. board. being an agent of the mother of X and the wife of Y. Direct Assault vs. Barrio and to barangay treason which a personpersons criminally chairmen are makes also deemed in Agents of persons in authority are liable under Art 116. for the exercise and continued possession of By express provision of Article 152. which caused him to lose his grip on Y. a detention a located at the prisoner. prosecuted? [2%] was performing his duty of maintaining peace and order when attacked. of other X pointed deckled patients. the student. as his public the protection and security of failure order. Her participation should not be considered as that of a coprincipal. The following . Conspiracy to said Commit Rebellion (1994) 148 and 151 of Code. in bothered authority. A Barangay Chairman is a person 2. causing embarrassment to him. 3 Phil. 12. would constitute the crime of Resistance and Disobedience under Article 151. the mother of X and wife of Y may only be liable as an accomplice to the complex crimes of direct assault with less serious physical injuries committed by Y. Did Manny commit any was arrested in Manila. person comes the aid of personsbut in In applying the provisions of Articles not to a person who learned of such 148 and and did authority (Art. whether as an SUGGESTED ANSWER: crime was committed? What is his criminal No. JG. X went out in authority. RFC. assault. this involves the Conspiracy commit rebellion in barrio policeman.D. in meetings were held and the plan was the eyes of the law. Fatheror Abraham did notof commit a crime individual as a member some court or liability? because the conspiracy involved is one to government corporation. carried out singly or simultaneously to Article 148 of the Revised Penal Code. Z passed near A and threw a small Manny killed his wife under exceptional flower pot at him but it was deflected a) circumstances and was sentenced by by B. SUGGESTED ANSWER: crimes. Act No. causing crime. which caused the latter to fall down. Revised Penal Code). 873). could not be considered as having acted out of contempt for authority but more of helping his father get free from the grip of B. participation therein. fist blow on What A. 156. was giving an the latter is exercise of authority. She called the student's attention and confiscated his examination booklet. the teacher. 151 of the Penal authorities Code.Criminal Law Bar Examination Q & A (1994-2006) 45 of 86 day. RPC). not to enter the city. having and actual of gotten mad at X. not report to Rev. who against duly constituted authorities ofwas then conducting classes and thus exercising the Republic of the Philippines. The public school teacher committed only universities in the actual performance of their or participation. who prison followed guards. Accordingly. did B commit? Why? (5%) B committed threat. communication on the student C. military authority. or commit rebellion. public utilities and to facilities needed said professor. went done to him. 299. If so. RPC) persons who by it direct of law or by assuming that will provision fall as misprision of election by appointment by competent treason. Several authority. Laying hand on an agent of a person in authority is not ipso facto direct assault. Yall and immediately proceeded to take him away or to the thehospital school to building and because they were running and talking in loud voices. A. Art 148. of Z whom were armed. Seeing his father being held Jail by (Art. was committed When by Y was A's followers? about to kick Why? A. in relation power. The felony is committed not only by removing Throughout this incident. her husband. to be only slight Dagupan Citybe to absorbed visit his mother. Persons in Authority/Agents of Persons in finalized. Upon resistance would seeing endanger A inside the the lives classroom. And even authority. The crime of coup d'etat is committed byor a on C and punched the latter. direct assault is committed with the resulting less serious physical injuries completed. The B. For purposes of the crimes in Arts. Direct Assault. Evasion in of Service of Sentence (1998) Before leaving. 7. barangay escape. Delivery of Prisoners from Jail (2002) of the classroom crying and proceeded home Pambansa Blg. X went near and punched B on the face. cheating. the occasion of of the latter's throwing paper clips persons at his such performance. 152. they were seen by the help him chairman. What crime swift attack. to Father Abraham that he. a person JJ. People vs. B. duties one ofor his because their professional onpupils. and having been attacked by Y by reason of his performance of official duty. barangay leaderresults and any sanctity and to inviolability of a confession. B. GG and JG conspired to overthrow the who comes to the aid of persons in authority Philippine Government. one of the students. are charged with maintenance of criminal liability under Art. a person in authority only. She noticed B. shall be deemed classmates. teachers. with or without civilian support 2. 8294). them seeing as he suspected that they were that an outnumbered untoward incident and might that happen. par. while the class was going on. since her reactions were b) If B were a Barangay Tanod only. reported for to his parents Ymedical and Z what A had His followers. anywhere in the Philippines by persons teachers and professors of public or duly belonging to the military or police or holding recognized private schools. without any warning. intervened and establishments by means of violence. examination. VG was recognized shall be deemed an agent of a person in as the titular head of the conspiracy. him out to his allow father. and Batas Art 156. who to be administered taken by his a followers. Later. to report can be considered as due to life and property. use of an unlicensed firearm is absorbed in performance are deemed persons in authority the purposes coup d'etat the new firearms law for ofunder the crimes of direct assault (Rep. would in the direct 1. slapped her. No. and of resistance and disobedience in Articles Art 136. to SUGGESTED ANSWER: fall down. (P. B turned his ire 1. the What. if B tanod only? (4%) While serving sentence. as of X of laying hand on him. VG. professors persons charged with the Vergara. the prisoner Y. Did Persons in authority are persons directly Father Abraham commit a crime? If so. his conscience. A. such as as barrio councilman. criminalwho liability to to the co-conspirators. a lady professor. Z shouted words of from any jail or penal establishment any encouragement at Y. him if any. notcaptains a conspiracy commit commission.by not just an attack on a Authority (2000) confessed student. a lawyers teacher in at the Mapa High performance School. RPC). come to A's rescue and prevented B SUGGESTED ANSWER: from continuing his attack. accompanied by violence. 152. Manny went and to the Barangay Chairman. he hence. Art 157. the proper (US vs. bribery. JG Who are deemed to be to persons in authority and GG have conspired overthrow the and agents of persons in authority? (3%) government. and also person confined therein but also by helping in threatened to slap A. two (2)strategy counts of assault: intimidation. back of was the taken school. Y and Z so that they could be intimidation. "insuperable cause". where should he be crime? [3%] in authority (Art. surrounded X. Y is liable for the complex crimes of Direct Assault With Less Serious Physical Injuries for the fist blow on A. (Article 152. the penalty destierro during which he was answer bethe the same were a barangay assuming physical injuries inflicted on B.toHe hospital emergency treatment. ordirect stealth one for the slapping the professor. 148 and 151 of the Revised Penal Code. if any. And any person VC. Z. what vested with jurisdiction. or any other means. investigated the principal's office. 56 Phil. Father Abraham did not report SUGGESTED ANSWER: this information to the proper authorities. the attack on C is. or Father Abraham is exempted from authority.and 432. colleges and public office. A. a teacher is considered a person in authority. His professional duties or on the of such diminishing state (Art occasion 134-A. RPC) and in this case. Teachers & Professors (2002)to done to a person in authority in defiance A. approached A and. while it would always be direct assault if Art 148. colleges and universities. 353). Resistance & Disobedience supervision of public or duly recognized (2001) private schools. a high school pupil. B would have inflicted further injuries on A had not C. another one for the violence camps andand installations. the act only incited by her relationship to X and Y. for the purpose of seizing or coup d'etat for hispower. Some security guards of the escape of such person outside of said the school arrived. who came the aid of the networks. an attack on an agent of Art 148. since X.

172). a resident of overthrowing the duly constituted of the neighboring Barangay Guihaman. rebellion and coup d'etat. Explain. is in law (Art. for the purpose of seizing or Unlike rebellion which requires a public diminishing state powers. there was treachery in the stabbing. communication networks. Neither from entering under his sentence of advice of A. What SUGGESTED crime was ANSWER: committed by Pascual? Discuss Pascual committed the complex crime of fully. 148 and 249 in relation to Art. At of the place/places he is prohibited from entering murder was committed. 17 Feb. one afternoon COUP is committed when members or any D'ETAT public officer. stealth. Rebellion vs. was murder and having been committed with SUGGESTED ANSWER: Art 148. military camp or installation. based on their Hence. with murder (2000) or paralyze the existing Because of the approaching town fiesta in San Miguel. 28519. the single act of the offender in hacking the victim to death resulted in two felonies. A barangay chairman. Pascual. A. Art. persons rise publicly in arms for the purpose Napnud where he resided. a dance was held in Barangay Camias. fell possession? Decide. Manny committed the crime of approached B and admonished him to keep 2 The accused was caught in possession of evasion of service of sentence when he went quiet and not to disturb the dance and peace 100 counterfeit P20 bills. Manny Phil. Renato. (People vs. This was any member of the military. official capacity when he tried to not involve imprisonment. 48. B. a complex crime is committed. 152). Bulacan. acting as principal offenders. Philippine National Police. He could not explain to Dagupan City. B sentence is a continuing offense. by admonishing B to 2. Direct Assault with murder (1995) direct assault. RPC. or and his men who were operating their mobile public officer. which characterized the stabbing of A. coup d'etat may be carried out singly or simultaneously and the principal offenders must be members of the military. public facilities or utilities needed for the exercise and continued possession of governmental powers. Abilong. with or without civilian support. brandishing a knife and punishable under Article 168 of the Revised Penal SUGGESTED ANSWER: challenging everyone present to a fight. threat. Dir. when A turned his back to proceed to fake bills.may be prosecuted in Dagupan City keep quiet and not to disturb the dance and or in Manila where he was arrested. RPC). of Prisons. A heated argument ensued. Although destierro does acting in an Explain. 48.Criminal Law Bar Examination Q & A (1994-2006) 46 of 86 fetched by one of Pascual's men tried to appease Pascual and Renato to prevent a violent confrontation. What crime under the sentence or come within the Captain. but need not be participated in by the palay of the farmers there. a complex crime of direct REBELLION is committed when a multitude of Pascual operated a rice thresher in Barangay assault with murder was committed by B. 134. When B. This peace of the occasion. attacked the latter. stabbed the latter at his back could he explain what he intended to do with the destierro. a person in authority and if he is attacked while in the performance of his official duties or on the occasion thereof the felony of direct assault is committed. (3%} enters any of the is evaded when the convict The complex crime of direct assaultA with to the ground and died. rice thresher along a feeder road in Napnud. Can he be held criminally liable for such twice A sentence imposing the penalty of destierro SUGGESTED ANSWER: the microphone to continue his speech. instead of is so because evasion of service of heeding A's advice. instead of heeding the how and why he possessed the said bills. iswas a person in authority and was was committed? (2%) prohibited radius. one of the guests. A barangay captain who was . on the other hand. However. national police bitterly resented by Pascual. the as time a Barangay incident A not armed. B. Illegal Possession (1999) dance floor making obscene dance 1 Is mere possession of false money bills movements. uprising. went to the middle of the False Notes. launched a swift attack thru strategy. to be replaced by a government operated a mobile rice thresher which he of the rebels. A Code? (3%) 1. as the acted in contempt and lawless defiance of convict is a fugitive from justice in such authority constituting the crime of direct case. 1968) And since A was stabbed at the back when he Art. and his two sons confronted Renato of the military. was invited to deliver a speech to start the Crimes against Public Interest dance. Here. homicide which is grave and direct assault which is less grave. the Barangay Captain. It is carried out by force and often brought to Barangay Napnud to thresh violence. which he was prohibited of the occasion. homicide with assault upon a person in authority (Arts. Coup d'etat (2004) was not in a position to defend himself nor Distinguish clearly but briefly: Between retaliate. A. (Parulan vs. also government. 82 dance in the Barangay. The criminal objective need not be to overthrow the existing government but only to destabilize Complex Crime. the death caused by such stabbing constitutive elements as criminal offenses. national police or public officer. provides that if a single act produces two or more grave or less grave felonies. While A was delivering his speech. violence or intimidation against duly constituted authorities of the Republic of the Philippines. Pascual resented the intervention of the barangay captain and hacked him to death. Yes. it is nonetheless a maintain peace and order during the public deprivation of liberty. Direct Assault government. Lassault.

4 Making untruthful statements in a narration prosecution to prove which of the two statements of the witness is false and to of facts. So. Andrew prosper? 2. possession of 100 false bills reveal: (a) knowledge that the bills are fake. on the other hand. RFC. Art. was different from. 2 Yes. But the case against Andrew was filed only on June 18. But the circumstances of such possession may indicate intent to utter. Presumption of Falsification SUGGESTED ANSWER: 1994 is more than five (5) years. As his giving 2 Causing it to appear that persons have lawyer. 2) As lawyer of Andrew. No note alone without an intent to use it. Was conviction of the could the have the motive foraccused makingproper such although the conviction was premised merely False Testimony (1994) alterations". 1987 and. to consummate the crime of illegal possession of As a matter of fact. of a true and genuine Criminal Law Bar Examination Q & A (1994-2006) 47 of 86 The judge immediately ordered . 1994 a case of signature or rubric. testimony favorable to the defendant in a counterfeiting. on the aforesaid ratiocination? Explain your Paolo was charged with homicide before the SUGGESTED ANSWER: answer. and is the one who will be benefited by the alterations thus made" and that "he alone (b) intent to utter the same. official book. Andrew. 1994. 181.the prosecution of Andrew for giving a false document. The crime of false testimony document when no such original exists. genuine document which changes its meaning. RPC. 7 Issuing in an authenticated form a quash the Information on the ground of document purporting to be a copy of an original prescription. 4. From January 10. it is not necessary that the 3 Attributing to persons who have criminal case where Andrew testified is participated in an act or proceeding statements terminated first.] Will the case against figures. 180 has prescribed because Paolo. by: January 10. On June 18. or acquitted on January 10. or altering by any means the criminal case. 1. false testimony was filed against Andrew. whereas the principal criminal case was decided with finality on January 10. 3. that of the genuine original. the conviction is proper because there is prosecution witness. Arazola. RPC). or the accused in the principal case. (1999) A falsified official or public document was 1 No. the falsified the same. Andrew was again SUGGESTED ANSWER: (3%) called to the witness stand. registry. Later. Knowledge that the note is counterfeit document mainly on the proposition that "the and intent to use it may be shown by the conduct only person who could have made the erasures and the superimposition mentioned of the accused. or arresto mayor under Art. Possession of false treasury or bank found in the possession of the accused. sufficient accused was the author of the falsification. testified that he saw a presumption in law that the possessor and Paolo shoot Abby during their heated user of a falsified document is the one who argument. the How are "forging" and "falsification" committed? records were reconstituted. is not evidence was introduced to show that the punishable. 1987.] Paolo was acquitted. what legal step will you participated in any act or proceeding when they SUGGESTED take? ANSWER: 1) Yes. letters. p. This time he FORGING or forgery is committed by giving testified that his first testimony was false and to a treasury or bank note or any instrument the truth was he was abroad when the crime payable to bearer or to order the appearance took place. par. is committed The decision became final on 1 Counterfeiting or imitating any handwriting. a Yes. prove the statement to be false by evidence 5 Altering true dates. thence the prescriptive period of the crime commenced to run. Crimes punishable by arresto mayor prescribes in five (5) years (Art. substituting. It is not even required of the other than those in fact made by them. (3%) Regional Trial Court of Manila. While the case is still pending. including in such copy a statement contrary to. 90. Falsification. 1987 and therefore 8 Intercalating any instrument or note relative the penalty prescribed for such crime is to the issuance thereof in a protocol. I will file a motion to 2nd series. City Hall of Manila burned down and the entire Forgery & Falsification (1999) records of the case were destroyed. the trial court convicted the accused of falsification of official or public false notes. 1987 to June 18. or under Art. 180. words or signs contained therein. For one to be criminally liable under did not in fact so participate. par. 13 Court of Appeals Report. 6 Making any alteration or intercalation in a other than the contradictory statements (People vs. FALSIFICATION. 808). or by erasing.

or by ALTERNATIVE ANSWER: public officer involving public lawyer as giver of the bribe-money. committed by any public officer who. was with enough lite intended the writ reaching despite of the felony factual execution holding front of yard homicide basis a which different of for his is were home. (2005) Allan. At about 11:00 in the evening. the proper charge against Candido? Explain.00. established. for duty of stockholders P100. he cannot therefore be held Felicilda (Segovia injuries and peeped for us. not a material men tried to appease Pascual and Renato to of justice although the feigner penalty was cold. He aimed at and September 20. 1991) furious struggle. No. to kill 3019 is judging incredible. Leni Chua was already living in Cebu. Jose filed a motion for his suspension pendente The accused. September 14. After a or year. the proper of justice. Their acts could not be acts of Dante committed qualified trespass to conversion and that actually the firearms branches public duties as an employee. fire. 11. there any crime committed jail at himself ordinance when was. (U. there conducted himself in an irreproachable accountable for such properties. three superficial stab wounds. G. rushed inside and grabbed C but the characterized by apursuant physical force or with a official duties or on the occasion thereof the erupted in the public plaza. or has at which he is not accountable to the of lasciviousness and with the Supreme Court municipal Jail. but it could not be refrigerator. account for. His declaration What are the respective crimes. having been sequestered by the Yes. The were charged with parricide Explain. retrieved the infant who was restitution of the amount of the checks. a spot audit SUGGESTED ANSWER: Malversation differs from in that Jurisdiction. the crime committed is the bar. Randy. any good. committing incurrently Masinloc. Would you agree? Why? 6% complaint questioning his removal. a petition for disbarment against him.R. RPC). what would be the nature of the SUGGESTED ANSWER: A? No. preclude Revised she as is principal prosecution already Penal Code. 1. and rushed to his office. the "evidence room" of the Clerk of Consequently. Revised Penal Code). resulting from her sunbathing. Notwithstanding physical injuries he inflicted on his wife B but par. In the was conducted and it for was that two Dante committed frustrated homicide for the [10%] latter's house because the municipal Jail was be suspended. he in stated fact. where he was given necessary amounts commission may have already of the been offense. 1612 (Anti-Fencing Law) under Bribery & to Corruption ofPia Public Official (2001) liable for malversation. to 7:00 a. Unfortunately. do. When a public officer is called prosecution (Office of the Ombudsman vs. concreting its of The Chief of Police is guilty of violation of Art. Is the defense of Pete meritorious? often brought to Barangay Napnud tokill. 11. 1) What crime. malversation deposited the even properties he had levied ceased upon to in be the an exceptional circumstances and exonerated connection with his official duty. Who shall be held criminally lampshades. the two . and E are all liable for the crime of and office. 73 Phil 98) . prompt enforcement of the writ from Estrada who isor a public officer. as municipal treasurer. No.000 in question CRBI fund. constitutes RPC. if the means motor vehicles. 222. majority his of Dante. No.000. Then King killed Laura and took employee Estrada. 266.000.A. However. his Job Cao by Shih have inflicted serious physical injuries. And Forthwith. A's civil status is not a defense to the defame or put Pia to ridicule. 158). Infidelity Custody of Prisoners (1996) one piece of jewelry belonging toPenal Laura. is destierro a penalty? Explain. escape. thresh SUGGESTED ANSWER: committed aside from P2. Secondly. the charged Presidency with malversation of the Estrella of public Corporation. physical very he . 8019 was not committed hid her body. or ordinance appropriating the amount to a of Section King went 5 to provides the house that of mere Laura possession who was restitution was made immediately. manipulated certain accounts involving trust wound on the deceased. 3 of the Revised Penal Code.R. 2001) The crime of qualified trespass to dwelling immorality against him aif government are liable only for their respective act personal property of another without the directly imputed to the business executives. with the delivery vans which later they could not off condition and instead. conspiracy cannot exist when there is a freequantified injury. the properties belong to the a private individual infliction of Serious Physical Injuries. devoid of merit Aldrich committed unintentional abortion as shabu which is an evidence in his official Crimes Committed by Public Court). Hence. responsible as a principal by inducement due Mamerto. a stock of cassette tapes. for he is criminally liable of parricide under Art. procedurally and provision of the law. misappropriate or shall consent. the that were intent 13 the ofstolen bedroom R. her sunbathing procedure provided in Sec. (Choa v. he same office who believed him to Santos. There is of crime. After two years. case considering of Ejectment Dela that Renta the filed may sheriff by be Mrs. even though accused for the killing of another or the prematurely to a live baby girl while Oniok funds or property. Jr. did not show up during administratively charged with immorality contended that he acted in defense of his for positive for159 the use of “shabu” at the time Mamerto's son. in encashing private [3%] his wife. Impeachable Public (2006) Relaxation of a prisoner isOfficers considered Code. 459) it is still resulted in two felonies. (People v. The judgment being in favor of he may not be criminally liable. Carmi. article. Patrick managed to destroy the Article 251 of the Revised Penal Code. No. and natural. After due and retaliation. Danny for P20. since specific intent to official duty. class (Art. Why? (5%) b) Is A liable for B's injuries? were found the of accused Santos. 2005) . imposable on direct bribery midnight getting is no direct evidence of misappropriation. proven Housing. Documents. Allan is under obligation towhile restitute the Randy is guilty as charged under Art. upon How is malversation distinguished from by law which imposes a higher Infanticide (2006) judgment. charge of immorality. without intent to See. funds. I would file an entertain visitors in his house from satisfactory explanation why the his vans were conference.R. or slander. while estafa is committed by SUGGESTED ANSWER: Article 212. allegation that he only borrowed such intention to cause the abortion his wife. and that he the duties of their office/position. and par. prevent aafter violent confrontation. September 14.000. the same. Jules is guilty of carnapping. there was taking with intent to gain. who was former warehousemen of the Rustan Yes. Upon coming home funds checks drawn in favor of his SUGGESTED ANSWER: Deputy Ombudsman for acts of /prosecutor. A is not guilty of perjury because the gunshot that inflicted a fatal wound on the What. however. the merely committed. par. defined and punished under Art. What crime or crime? is banished to certain place and the custody of a prisoner. but sentenced him to Appeals. She fell in love with intended. him.R. A barangay chairman. Jay.G. who reported for A. What wealth" of the Marcos family. The Napnud where he resided. Revised Code. People. Phanix Because were the theRoad officer manner actually the the located front stockholders might of stolen. the felony NBI Director made an inspection of all the Perjury (1997) and shot and killed Benjie. together with Jose contention tenable? (2. As awrit result of the before said court. with Evangelista (CA) facts. the Sandiganbayan. RPC). Since Carmi Bribery and Infidelity in the Custody of Sandiganbayan has jurisdiction over his good moral character and residing at Explain. levied on the personal 365) not constitute the reason(s) . No. went home toA Cebu and Samson. Such an advanced state. I beg to disagree with A's contention that Wesson Revolver. Revised Penal Code) funds and time deposits of depositors. at that finally the customers back to President of the Corporation.m. Depressed Cao Shih. or by possession of an item which is the subject his liability should be limited to slight 1) Pia did not commit a crime. the Philippine National Bank (PNB). of the to At her Clerk the lawyer's time of Court of office the and Pete of the crime. is legally destierro is prescribed. (Sec. he by decided him "in to go home around SUGGESTED ANSWER: converted them for his own use.A. willing to B. there lasciviousness and petition for disbarment. leaving the ignition key and the car unlocked. C is liable as principal by stockholders Mamerto Commission without on comply Audit using with conducted the their knife. Al Chua withdrew (Art. his legitimate brother. the Treasurer of the a) Yes. They were thus made the conceal her shame. Chiting. committed by Estrada and her lawyer and if a) The sheriff committed the crime of Direct A and B are husband and wife. chain and had put the same to their personal use. Is dela Renta's 5. employed violence upon A. he was charged with physical injury. negates his pretension. Revised Penal Code. his the Department of Public destierro for the death of Benjie. Lmunicipal Jail at 8:30 p. Araquel. A is employed issued to him in his official capacity. any crime Pete to pay indemnity to the heirs of the binoculars to have public and full view of Pia earlier married D.00. or with the aid of armed or culpa. 255. Malversation: Anti-Fencing: Carnapping for all the direct. State president. reward afford impunity. properties levied upon and found in his any crime.. the SUGGESTED ANSWER: of Art. if any. After liability should. or shall was employer. It must be a real aggression attacked while in performance of his During a town fiesta. People v. homicide which is under oath for naturalization. violation is not committed. He went on absence without having an affair with B. rice thresher along a feeder road in Napnud. rescinded for the the SUGGESTED ANSWER: Malversation of public funds or property malversation is committed by an accountable b) On the part of the plaintiff and her Judge Rod Reyes was appointed bythe former infidelity. fall of an airship. as deputy sheriff. conformably with Article 247 of the the 3. nagged hydrochloride him about money (shabu) for to or criminally liable for the latter's death. noticed PDIC. (People v. 220 of said form one continuous act. by deliberately and inhumanly premeditation. hit Bto mortal injury. The Treasurer will be criminally liable as defense or of means or persons to insure or accountability by reason of his duties. the As amount a result. of B's victim in the amount of P50. detectives assigned to the case". The Define murder. is the President of the Estrella Corporation lampshades which he. 1 of the an official act in exchange for a gift. Malversation. object or any thing Crimes Against Persons alone. considering that the gunshot was be implementing the writ only because of safely. A committed the crime of infidelity in and learning what happened. of is Perjury (2005) "given custody and possession" of Oniok. and besides such topic is notAintended to A heated argument ensued. (People v. Here. that the RPC. This was Explain. they are Upon learning of her pregnancy. dela Renta was found to have it. to to the serious Baguiran which the door Informed sale. Ana has been a bar girl/GRO at a beer house felonious act different from what he "consideration" for the performance of an and managed to catch C again and after a The October 17. A person who commits acts penalized application. 2003) Abarca. State with reasons whether Patrick crimes.R. barangay so.I).000. in breach of trust. them inflicted the mortal injury on A. ALTERNATIVE ANSWER: absence of such law or ordinance was. was with murder for the death of Benjie. 74433. which as if been No. relieved PNB was of his a destierro. of the The Sandiganbayan writ was successfully (See R. Upon the defendant's paying Sisenando was acquitted then by filed thePenal a Sandiganbayan verified complaint of that for that Article 247 does not define a felony. was that A had timely medical attendance. of P500. arrived home late one prisoner escaping the punishment of being under Article 246 of the Revised Penal Code. or employing means to weaken the to assigned to him is public property under his Death under Exceptional Circumstances (2005) of his imprisonment. 226 of the investigation. 459). epidemic specific public purpose. to voluntary surrender.. 217 of the Revised Penal Code. believing lite. from case at bar. under oath in Is the information for Malversation against Juan missing. filed a petition sequestered properties. to Reyes leave the municipal jail and The failure of and Santos to give any return to his office after a (technical day-long official illegal use of public funds of the Revised Penal Code. Tumultuous Affray (2003) perjury because It cannot be reasonably he Explain. 20 Sisenando is that carefully SCRA charged the 453.S. Oniok tried to persuade for the death ofSecurities CMunicipal and serious physical ALTERNATIVE ANSWER: diligent sleuthing by the police detectives petitioning amount of P50. the ground. did Pia commit? Explain. what crime? (2%) Jules must pay the amount he gained from Bribery under the second paragraph of Article as a security guard at Landmark. the single act her. An offender is liable for all the direct. innocent bystander who under Article of the Revised Penal Code as there is no223 one from whom he borrowed defined in Art. commencing on July 5. Upon their SUGGESTED ANSWER: No. is not ruin. liability but not from civil liability. contending he was longer an employee of of a volcano. ravished her. the municipal treasurer is liable for 12629. sheriffs and fees controlled and expenses Revised Penal Code.] Indirect bribery. Technical Malversation (1996) criminally liable. but then such act is not to be work that morning. is in law (Art. victim even though he merely aimed and P2. isWas prima facie evidence that they SUGGESTED ANSWER: car which was officially assigned to him. Manila are false. captain who was fetched by one of Pascual's the sale ofANSWER: the car which isdiscovered P20. the drawer not Murder. went No. popular election or qualifying circumstances enumerated under Pascual operated a rice thresher in Barangay fencing. died because of loss of blood. A of followed suit life. encashed with public The motion to dismiss the complaint of the by them temporarily.00. malversation.000. Did not one the a complex to Chief inducing the it of should imposition crime. to which he filed an opposition claiming treacherously shot the victim the victim Whether A is single or married. v. Pete Candido was arrested and was tested to be his wayof inside the house of Mamerto. his own private use and benefit. King gave Jose. Subsequent investigation revealed that removal from the presidency is not valid and executives holding office at the adjoining tall constitutes the crime of malversation malversation) because the latter crime is not Yes. was atprivate his place of work. One afternoon jurisdiction and her lawyer. He took Randy put up the defense that he did not substantially . grams his of pregnant least. Auditor. Intent to kill is inherent in offensive against decency and good customs. Sisenando may not be held liable for verification contention of of Elizabeth his complaint legally for tenable? damages that Santos for the cassette tapes. vs.000. if any. 25. 167 SCRA 439) under the bed covers. instead. Carmi. hence. Pete was charged bystander died as a he result of the stabbing. stockholder funds. but she refused. item. A cannot (5%) be held have holding crime surprised reported and and to the hear not part the sighs necessarily matter of the and body immediately giggles stabbed. but Aldrich had no Revised Penal Code). destructive cyclone. With cruelty. are government. Officers derailment assault Danny violated the Anti-Fencing Law. He induced about to assaulted Mamerto. et al. thus making the penalty crime is committed. Accused Juan Santos. firearms Approaching which used. pacify the customers of the night club about latter's the incident. When Aldrich struck Ombudsman isa included in the list of Why? (5%) 1. or commission of a crime under operated aunruly mobile rice thresher which he for execution in the total amount of P550. Pete pulled out his service gun accidentally bumped him. Revised Penal Code. on the the other crime hand. a free-for-all fight properties of a defendant in a civil case for perjury. Since B is a of upon Ana tothat conceal her dishonor. No crime was committed by the Chief of the Rules of Court and order the filing of the mitigating circumstance similar or analogous inundation. permitted B. A testified that he was (3%) and went out of his room. SUGGESTED arrested ANSWER: Upon for reaching selling 20 home.A. It also includes a grave and direct assault which is less grave. As a matter of fact. fund and properties injury only. offense. Pugay bedroom where his wife B was cowering ascertained who among them inflicted the dining table set of chairs and several case. When there is no house. a) Is A liable for C's death? assigned to the case. wife 122740. not estafa.m. Code. however. What in good faith that a prisoner serving a tenthat he no longer be suspended as he is was turning his back to as him. would not no longer an employee of the PNB but that of hit the victim only on the leg. the prosecution willful or falsehood asserted by him is not deceased may not be imputed to A would because liabilities? Explain. D. are in does not define and provide for a specific Malversation Because of (1999) their constant and bitter quarrels. pursuit and killing of as C committed (Art. After demand stabbing of Jay because he had already so congested and there was no bed space considering that treachery was clearly matter that could influence charge.m. RPC. 246. tenable. Homicide & Theft (1998 No) P. accountable for public Why? (5%) who reasoned out that he only borrowed SUGGESTED ANSWER: 10:00 a.5%) 6. he he who was should the sold be 223. Malversation vs. by and the circumstance that he did not intend to consideration baby died. a person in authority and if he is Regional Trial Court. the Municipal Explain. Pete will suffer the penalty of (2) delivery vans were missing. Death under Exceptional Circumstances (2001) SUGGESTED ANSWER: RPC. 96368-69. as he is awhich member of deliberate assertion of falsehood isthis Yes. Jay Department In marry 1986. 116938. It was an act of leniency or laxity proper Information. did the 7975 as amended by RA. such the cassette tapes. cleaned everything and washed officer who should be accountable for the SUGGESTED ANSWER: 2) The business executives did not commit accounting for them does not constitute performs in said Government or any of its influence of prohibited ain qualifying. Custodia Legis (2001) inducement. stranding of aonly vessel. malversation ofonly. malversation of public funds under Art. Revilla). value issentence of now officers Sec.R. (5%) sunbathing in the nude. Abarca. his for naturalization. March 14. a lady stenographer filed with the case when the guard allowed the prisoner. offense. and his two sons confronted Renato enforced. The victim. or Direct Complex Bribery: Infidelity Parricide inw/ the unintentional Custody of Documents abortion B. No. his taking of such properties no lasciviousness [as there was no overt lustful dwelling. as Regional Bank guns were fired by aifMakati group.. to 6539) Laura's If Juan Santos was no longer the public SUGGESTED ANSWER: revolver for his own use. A then rushed back to his knife A.000 p. D. only indirect Bribery 64965. an afor public official it finding not he office. Malversation (2001) the PNB but of the PDIC. 1991. death or serious physical injuries inflicted they were given custody and possession of knew that the jewelry was taken from Laura A chief of police of a municipality. managed also to strangle participants in the "rumble". that In his her intended for protection.00 the for and a public Exchange purpose During a town fiesta. public funds before the no willful and assertion of is a 48. Infidelity in Custody of Prisoners (1997) therefore. condominium in City sunbathed Sisenando be held liable for perjury? Explain. Reyes and Santos performed all the acts of available. inside wounds GR where No. C. the causes of the construction. Sheriff Ben Rivas had to carry out defined as an attack or material aggression 48. less vs. 25. he did not receive the bribe because of his said injury with the use of a firearm which Who are public officers? considered as scandalous and the inspection. Eventually. not crime kill? ofpublic perjury. the under oath for naturalization that he is of committed by Allan. B returned to the municipal Sisenando. Dante forced 2. 3(e). under Deputy Sheriff Ben Rivas received from the any other means involving great waste and SUGGESTED ALTERNATIVE ANSWER: ANSWER: Indirect bribery was not committed because for attempted homicide because he inflicted Public Officers. His because they killed a child less than three died in the process. a(2%) coemployee in the honor and that. tenable because she was charged for since A surprised his wife B in the act of given the benefit of the mitigating Section. 9165 (2005) shocked to see Flor. that the delay in the Government of the Philippines. 1959) the prisoner. it if was not done in a public surrendered the NBI the two firearms exculpate himself. the Sandiganbayan. 13(3). No. RPC). had prosecuted Maria already Estrada for The court found that Benjie died under SUGGESTED ANSWER: office but in consideration of a crime in a lethal weapon. the PCGG criminal liability should be for slight physical outraging or scoffing at his person or corpse. No. 38. words. is guilty in He attendant relation (People opened ofCaptain. for and illegal principal use of public is merely banishment of the accused. G. and when he already from drowning. or the use of thievery. a Chinese national. sawno Dante and accosted him. ofspecific any rank or 9165) bitterly resented by Pascual. another governmentdied. One night. a resident her jewelry. these missing items Commission without violating to declare any law the or rescission ordinance valid. Police another only commit and of as be the Theft.act the chief of police. 197 SCRA 173. A. 148 and 249 in relation to Art. Rule 119 of although it may beperson. correct. March 4. No. falls under Art. atin the time of the filing of the Government through the PCGG. by dead that "office" Dante was on the had and in guns Sec. he committed impeachable officers found in Article XI of the Al Chua committed perjury. hence.00 she and her unborn in B. misappropriation of which illegal use of public funds (technical SUGGESTED ANSWER: indemnity despite his exoneration under 1. did Al Chua commit? Explain. 217 having sexual intercourse with C. as custodian of inquisitive neighbor saw them and with the regulations of his office. the problem categorically states that the value consuming which three has been bottles the of subject beer. "evidence Rivas of room" the went PNB. D although and Enot were to be inside B. explanation bedroom The and The accused is liable for the death of the a) On the premise that even without the must SUGGESTED be an ANSWER: unlawful aggression which is authority (Arts. jewelry does and l(b) the of not when the latter.7 the Court ruled The accused is liable for the death of the reason of the duties of his office. 8249). A's gunshot had inflicted on the victim a that is precisely the issue brought about by buildings reported to office every Sunday SUGGESTED ANSWER: although said properties belonged to a necessarily included nor does it necessarily amount of the check. Can homicide . taking there homicide with assault upon a person in term SUGGESTED ANSWER: ALTERNATIVE ANSWER. She was unaware that the business property. 4. he filed separate motions to manner during his stay in the Philippines. What should be Dante pulled ahighly knife and stabbed Jay on his is Santos. ie. 1992) B withheld fund was payment already exhausted of the second while installment the (1999) Malversation of Public Property. Was the conviction correct? properties is a lame excuse. summoned by their neighbors and arrested were missing. inquested and charged chairs and lampshades. He (R. an NBI issued by the NBI the car by another resulting in Murder & Sec. established. kill because Dante merely assaulted escrow unfinished. 1987 . ten-day crime homicide answer. The proper offense committed was this case. G. he applied them same Code. a deputy sheriff in a direct for What is only obstruction is participation theft.D.R. position Dante of the Barangay bedroom. has maliciously failed to help of others. In other should not be complexed with frustrated consent of the latter. by 3. Patrick the crimes of Direct 1987 Therefore. an inventory commit? Discuss their criminal liabilities. Explain whether he may or may not however.1998). SUGGESTED ANSWER: prohibited from entering or coming near that detention prisoner. by direct Complex Crime. "not intending to liable kill the writ of execution and not that he would Criminal that Liability. RPC in relation to Art. in were Public Officers are persons who. The Malversation. He filed a motion to dismiss falsehood which is a requisite of perjury. not intending to kill the victim. a danger Tumultous to Affray his life (1997) or personal 152). the crime for said death is only would be committed by said sheriff. 217. In 1982. vs. abdomen. to 8:00 p. The police arrived after being properties but found out that several items capacity same criminal as president case. aestafa complex agents" of the sequestered firm and were for more than 2 years. part inand the performance of public functions in killing. and less serious physical injuries for case. the matter that he testified to warranties authorities. although the convict may not the offender in hacking the victim tofunds death Al Chua. In 1995. (3%) as the treated 1 acar of single and. 1994. A sustained one fatal and execution duly issued by the court. the same will 217. Vargas.] (a) Murder is the unlawful killing of person (5%) place designated in the sentence. 1829) (d) there must be connivance. December 9. He will be criminally upon a railroad. physical injury He should be held liable closest making criminally liable is SUGGESTED ANSWER: firearms issued. The incident the Municipal Treasurer nevertheless be in Article 247 of the Revised Penal Code. Hepublic was charged with single and wasStore. poison. Explain of until Rape shall Sisenando account Dela execution consideration" Works permission Renta and for which purchased Highways. his shift SUGGESTED ANSWER: failure of Randy to submit the firearms upon Elizabeth is the municipal treasurer of exempting circumstance when the victim operations. could as aa public officer. he prevailed wife. Even B returned toa the threw it into a nearby creek. And since such death malversation of such funds or property.000. July 18. Destierro is a punishment whereby a convict Yes. evidence of advances to her and with force and violence.poses Since in this for another your case answer. Murder (1999) 2. Zambales. and Benjie. 12. be single. (2. she applied after the Public Officers. wholly or partially. RPC) intermediary. (c) that prisoner escaped. can under the same exceptional circumstances died because of the felonious act of Aldrich.1995. Properties. if he any. Court of In first place. to another learned without appropriate the armalite rifle and the suffers from serious Infirmity. constitutes murder because of the neighboring Barangay Guihaman. but nonetheless he sold it for P2. men.D. Under the facts of the case. indivisible any plain is1829 P800. G. as the eventual talk of the of Jay. R. Article 247 of the Revised Penal Code her to undergo an abortion. eruption 38 O. RPC) drug. In apetition free-for-all brawl that ensued after some Grave Scandal (1996) maintained he willfully and deliberately SUGGESTED ANSWER: when in fact he had already been removed levied upon and thus under his accountability drove off with the car and later sold the same for Illegal use of public funds which is the discovery. of Estrella Elizabeth Corporation. Mamerto sustained Injuries alleging that they constitute "Ill-gotten and therefore. where was SUGGESTED attended ANSWER: by house treachery. which otherwise would constitute only SUGGESTED ANSWER: than 25 kms. performing ahis felonious act is criminally liable permit any other person to take such public During Aldrich a was PNP dismissed buy-bust from operation. and logical funds or property. to sleep in his house and eat he is of good moral character. During the trial. grave or less grave felonies. (b) he is in of charge or custody felonious and was the proximate cause of the the receipt ofG. P. hence. or his fact. CA. conviction was the stockholders erroneous as concerned. if any. are in custodia legis and thus although the car was worth P800. On appeal. If you were the fiscal 8:30 p.000. there is deliberate no showing that there a law Criminal Liabilities. he destroyed the denied (See Rule 139 and 139 of the Rules of legal purpose. He died a day theanother properties levied upon and deposited when heand induced Cthe to testify on his status. intercourse. By his Pete. A. with his fist. actress on top floor ofunruly. a) What crime. if any.000. However. Malversation (1994) act of negligence. Still enraged. victim in as much as his act of shooting the accountable for public funds or property. 146486. completely naked having sexual Candido stabbed anRPC. this is merely an including various vehicles used in the firm's crime or crimes did King. A person (2005) through (1994) abandonment or negligence. is property under his custody and crime is Corruption of Public Officials under for the Visayas for a term of years have fled (US vs. Nos. offense (People even vs. Since the unborn baby of Carmi or consideration given to him (Art. Are both motions meritorious? with whom he has an amorous relationship. material to the charge of immorality. the office weapon Barangay open. With evident or other public calamity. the amount by C. 2 committed the following crimes: (7%) 1. Cal. shall tumultuous affray and having been proven to individual involving funds or property for Office of the Ombudsman a complaint for acts who is serving a six-day sentence in the he is living with her as in Sampaloc.the Luis Ablan. Bandino. hired customers inside aliving night club became made an assertion of a falsehood when Pia. direct bribery. who impregnated kill is against absent. consistent with the as language best friend. 210. failed to in account turn. Accordingly. had it not been attended byto any of Allan. was in a hurry to Elizabeth's contention that her conviction for the exceptional circumstances in Article 247 from what he intended. already in A who was detained. present Supreme Court has jurisdiction over the He committed perjury for this willful and owned and controlled corporation. of and malversation provides considering that Reyes and Santos. R. Physical Injuries (1994) (People vs. Sandiganbayan. was made upon them. a government employee. In consideration of a price. and E being participants in non-accountable public officer or private thereafter. because the act destroying the a public officer. SUGGESTED ANSWER: SUGGESTED ANSWER: under Article 247 ofin the Revised Code for as fiscal agents of the sequestered firm and Public Officers. Fraustrated. consent. he tried to claim his damages charge but against was nevertheless said stockholders convicted. definition (1999) Grave Scandal. the character of public property. Even if there she received. 187 SCRA 123 [1990]) place and within knowledge or view. if at all. The truth. On occasion of an earthquake. the Sandiganbayan's decision appointment by competent authority. a such. The innocent Homicide. Punishment. light he of was him in the even the the charged. However. hence. he should be he committed the stabbing. Among March 30. Dante.00. warranties. Grospe. Estafa (1999) evidence in his custody is already penalized of a prisoner. medicines. each using a Court for Multiple RTC Salas were a direct participation in perjury. The claiming absence that of such the latter law or perjured If I were the fiscal/prosecutor. missing items were found in the house of Salufrancia. 1829. What are the elements the unintentional abortion.R. On January 10. Laura offered him a drink and after RTC Clerk of Court a Writ of Execution in the vehement protest against an imputation of The An information contention for of Henry Theft may dela be Renta filed. is not inflicted on the accused. Regional Trial Court ofA Manila. A has they placed the infant in a shoe box and Municipal Treasurer. 4. with Malversation of Public Property. explosion. v. King of robbery made malversation and without leaving the office. By means oragent. Definition & Elements (1999) Aldrich committed the crime of parricide with lasciviousness should be denied as only the information to be filed against the accused? Malversation (2006) Criminal Liability. thus. cause of death. and angered by paid the Patrick. G. AP2. him to death. Is A caused his death. 4. 257. considered as a ALTERNATIVE ANSWER: 3. the is material to his petition for naturalization. escape. Injuries of B. they were of the crime days of age (Art. said sheriff may be regarded as a gift latter managed to wrest himself free and weapon to cause injury or damage to one's felony of direct assault is committed. Sampaloc. C. were it not for the sequestered the assets. share amount produced enforcement of Upon property of the pendente the of is No. including the But Ana did not inform him about her homicide and not murder (People vs. an checks from public funds. having enough cash in the drawee bank. As Chief of Police. fully crime perjury served. a CPA.] Section 3(e) of RA 3019 (AntiAs a matter of fact itthe was discovered by the malversation of government property before C to testify and C did testify that B was suffered injuries which. properties. 203. AANSWER: is liable for C's death but under consequences of such although different SUGGESTED otherwise be guilty of the misappropriation methamphetamine wife. After a few months. through by his dismissal an because it cannot be ascertained who among dismiss the complaint for acts of However. among them A alleged in the complaint that he is the plush Constitution. and his men who were operating their sheriff commit? (3%) b) Was there any crime vehicle or make reparation not possible. had P. RPC) Pascual. commit? Explain. (Art. The court also ordered executives accidentally and they have to use Graft Corrupt Practices Act). In his petition. tumultuous affray.00 by the Regional in consideration Bank Auditor. obviously. Likewise. a complex crime (People vs. sheriff independent that when the to making rehabilitation. why the vans were missing or to turn them What crime was committed by Pascual? over to the PCGG. his wife. Doming and Jose day sentence in the municipal jail.m. Leon Bandino 29 Phil. Pete did not act in defense of hisrefers honor. they were charged Discuss fully. the President Fidel Ramos as Deputy Ombudsman ineffectual. heconvicted permitted the taking of night after rendering overtime. A contended that his stockholders concerned purportedly became the talk of the town. that deposited by public authority andManila. Renato. also government constituting accountability the owned therefor. Nahayra. because he fired his gun only to motor Doming. upon to dead perform or refrain from performing SUGGESTED ANSWER: G. The fact that it was only "after due single act of Aldrich produced two grave or custody of documents under Art. aggravating circumstance. under levy. detention or prisoner by final death. Reyes and Santos were appointed Later. to a of being immaterial. one customer made the allegation on the premise that his morning. Hecan is accountable for the firearms they under exceptional circumstances is still the sequestered building and its contents. the Estafa any higher principal The crime? under installments. it went on to state that the penalty victim atthe the leg is felonious and is the take orCrime. guilty of perjury? Are A drugs and C is guilty of that incapacitated him for 25 days.m. 9 Phil. the prisoner went involved Pascual resented the intervention of the failure to failed to give any satisfactory explanation home to sleep every night barangay captain and hacked him to death.00 known of Estrella as the Corporation fund in two For this defense to apply under Art. store. After his arraignment. To acquitted of the crime. shipwreck. Indeed.00. purpose. consenting or conniving to fired ALTERNATIVE at the ANSWER: latter's leg. Itinfanticide is a fact that morning and. of the Revised Penal Code but was convicted killing of C was "Immediately thereafter" as commit so grave a wrong as that which was the Aldrich? drug. since P2. by and stayed with Oniok in hisargued boarding house. nagging the of Evidence hisonly wife. Perjury (1996) suffers any other kind of physical injury. However. Randy. 222. the palay of the farmers there. (Sec. A and B (Garcia-Rueda vs Amor. and regulations. This information employed by the Philippine Deposit Insurance their senses. a on matters not material to an administrative sale Pl00. concreting having on sexual the There of shares Barangay intercourse appears and deposited Phanix to with be no Road their the intent neighbor remained money to in What Art. G. 2) What Police. further appropriating filed a the criminal said amount case for for perjury any specific against compadre. shall accountability. takes Article 248 of the Revised Penal Code. he saw July his No. custodia legis and therefore impressed with crime but grants a privilege or benefit to the she suffered birth pangs and gave birth A Municipal Treasurer. L-74483. window applies from was to For the any if stockholder Improvement thereof (CRBI) and for the eventually. an armalite rifle (Ml6) and a Smith and SUGGESTED ANSWER: malversation. a her poseur-buyer. logical consequences of his received by reason of his office not as a jumped out of the window.R.00." So. his considered real and actual evasion of service charged.m. having testified stockholders of Elizabeth who concerned. petition. that depositary and administrator of properties drove her away. Chemistry She fell to being a free-for-all fight or tumultuous affray. longer constitute Malversation but Theft. the use of ato firearm. corporation and therefore.5%) the accused be liable homicide or murder. stocks afailed project to undertaken comply with on their proposal Obstruction of Justice is not committed in evasion. So she returned to Manila unconscious.A.A. penalty Art. Jules. be limited to slight removed him. SUGGESTED ANSWER: then abold government banking institution. committed? Podol if the 66 same Phil. A is liable for the serious the of maltreatment under Art. Explain. Patrick SUGGESTED committed the crime of obstruction 210. after. include the crime of malversation. Mamerto heard the commotion Alex Reyes.] Obstruction of Justice under PD employee could proceed or prosper. the inside office to the the or their Zambales. His motion to dismiss should be contained in a verified petition made for a Article exempts the offender from criminal irregularities and violations of the bank's rules deceased's death nor materially contribute to Sisenando has been the President of the binoculars. hethe felt sick being from 11:00 demand created the presumption that he and Masinloc. a security guard. He is in No. of Laura's 315. He was deprived of his liberty which can be After trial. 142011. the bartender. Corporation (PDIC). a detention prisoner and his Municipality of Gerona. the charge of for-all brawl or tumultuous affray. G.Criminal Law Bar Examination Q & A (1994-2006) 48 of 86 49 50 51 52 53 54 55 ALTERNATIVE ANSWER: SUGGESTED ANSWER: There or infidelity accused Danny King but returned there committed is must no claimed was crime in make to the jail no the that of custody reparation early attempt subornation composite they each of are documents to corresponding morning. received hence. Inasmuch the custody. the elements of which are (a) he is SUGGESTED ANSWER: the victim". SCRA 401). Danny and Jules? Henry dela Renta. Rape. notwithstanding the restitution of the Article 247 of the Revised Penal Code? superior strength. judgment creditor. In 1992. leave (AWOL). proximate (People vs. I would agree to A's contention that augmenting the suffering of the victim. The checks bounced. he consents to the and Oniok. 194) Direct Bribery . a representative subject to release the once said SUGGESTED ANSWER: Under Article 247 of the Revised Penal that if a single act produces two or more of public funds or property? (2%) their application. However. petition for disbarment. With treachery or taking advantage of the following circumstances: malversation committed through negligence perform the duties of his office. constituting infidelity in the Art. because the privilege defined under after the PNB management unearthed many slight wound that did not cause the his complaint to2the SEC. R. No. (5%) government. and diligent sleuthing by the police less grave felonies. However. is subject to the subordination of perjury? crime crimes did Dante commit? No. Six months violative of the provision. The government car which was permits said prisoner to obtain a relaxation was reported to the police who arrested Ana criminally liable? What crime did he commit? Juan Santos misappropriated such properties The conviction of Ana and Oniok is not the same reasons.000. did the business executives in the performance of his duty and not in Sandiganbayan.00. with the use of powerful private individual (Art. now a neighbor of C.A. Homicide w/ Assault-Authority (1995) The killing was not attended by any of the or thievery shall be prima facie. (Araneta. would have of the owners-incorporators ofthe the house. They (2%) are liable for when. act master betterment. on thewas occasion of or promise. (People vs. kept on gazing at her while she Sandiganbayan should have followed the restitution does not negate criminal liability 2. Said properties being to his brother. in his in the However. therefore. he resigned and was and B. not less custody over B. door. he naked its penthouse every Sunday impressed with theput character of public malversation may not be validly convicted of Did the court correctly order Pete pay homicide. He alighted from the government malversation) was erroneous. Acommitted public officer charged with Phil. were constituted as "fiscal estafa? penalty. he stated that he is married to Leni Chua. Pascual committed the complex crime of The be the accountable to the with your imposed. 48. Decide the agent subordinate official. No. claiming lack of jurisdiction over person while Al was living with Babes Toh in Manila. (Parungao us. ismobile not the assault on Mamerto. from may the ofwould his still the government duty be prompt the have suspended officer. 1987. of town.000. removed Sisenando who was from In the case of People v. sustained 10294. excess his duty (People vs. Article 247 governs constitute murder but the accused should be Custodian Aldrich struck of the Carmi PNP with Forensic his fist.000. whereupon he filed the if any. allowed said prisoner to sleep at the PDIC. a bystander. as act). issued toescape. natural.) From the Velasquez. vehicle King's belonging adopted brother. her parents with fist blows and rendered her liable for death of and for what? the C. It was B's gunshot that inflicted a fatal corporation and it is from that position that sunbathed. are their respective civil because there was no actual injury to the the bloodstains inside the room. violated b) crime Likewise. single. and Elizabeth. What for crime the destruction was committed Patrick by of death caused in a tumultuous affray under (5%) After his direct testimony. frustrated homicide for the stabbing were stolen by his friend.

broken causing his A instant death. 3. when the was therewith.] INFANTICIDE for the killing of the child bitterness for having abandoned him and 1) committed because the his as Ricky said child is lessparricide than three (3) days old. Homicide. In People vs. Pedro. Parricide (1999) and his companions. an ice pick. RPC) is to kill the victim and the latter is forcibly Parricide (1999) taken to another place and later killed. such himuse hog-tied shall be in a considered small nipaas house an located in the aggravating circumstance. her legitimate son. RPC. The mentioned circumstances. as there is no showing that the assailants knew that the victim was a policeman. RPC)hisHowever. or marry their sister after impregnating her. if the victim is later. the conviction of PH for two crimes. Is the accused killed the victim. Infanticide. (3) that the killing trial court convicted PH of two crimes: is not parricide nor infanticide. He then violently threw her imposed is called for. intention of the accused is determinative his ascendants or descendants. lawfully married. The grandson considered mitigating. crimes did SUGGESTED ANSWER:committed Murder. But as forafeloniously causing the death punishable quasi-offense in Article 365 of the D and E. reckless imprudence is Penal Code). 255. Two PH therefore may onlyJorge be convicted of his days later. ALTERNATIVE ANSWER: commit) but in its for maximum period. her husband. the same were the of poison 248. The plan was only to kill C. and E. 2) Suppose Ricky be. and therefore there is no PH killed OJ. balisong. Treachery (1995) on the floor and forced her help to have sexual lend help on the spot. mother. (b) Can Gavino be charged serious rape? Explain.the and the law (Art. (which fully. Under the new law on illegal grudge against Jorge who refused to Rep. Twenty years his liberty. by backing up theparricide van and under Article 246 of the Revised Penal Code driving it forward. presence (5%) father. A. the fact is that he was not in the performance of Murder. her lawful husband. demonstrated by his running the latter's All these killings constitute body twice. Use of Illegal Firearms (2004) his official duties.] forcrime the killing of and their degree PARRICIDE defined in the parricide. victims but then punishing thehitting crime the already His reversed his gears ran over Jose's having acted out of and bitterness for Mang having prostrate body by anew and third time by been abandoned his father may be Parricide. (2) their child who and son knowing each other. whereas the victim was As to theand serious physical injuries sustained because of her relationship with the victims. butANSWER: he nevertheless killed him out of SUGGESTED 2. The charge of of homicide. the conviction correct? Reason briefly. D and EANSWER: shared the food in the arrived. The driver was arrested and charged with Murder for the death of Mang and and Jose B bought Serious pancit Physicaland Injuries mixed through it with Reckless poison. and (4) later. such that Ricky could Mang Jose. Penal B committed two counts Revised Code. Conspiracy is obvious from the concerted acts of the assailants. a resident of Manila. whether legitimate or illegitimate. found guilty of parricide. Direct assault would not complex the crime. other. For deliberately of A who merely watched them eating. Multiple Homicide (1997) advancing hisParricide. and E. 1) What crime 1. which Revised result of (Art. herover legitimate son. helpless not in a position to defend B committed the crime of grandson. This is due to the long may standing grudge entertained by the two Who be guilty of the crime of parricide? SUGGESTED ANSWER: accused occasioned by the victim's refusal to (3%) Any person who kills his father. SUGGESTED C. since the driver did not Murder. without without benefit of clergy. Manila. and Ricky with homicide under Art. moral basis for his car after two exists. the be latter got Act No. and B. which he could On his way to buy a lotto ticket.Criminal Law Bar Examination Q & A (1994-2006) 56 of 86 57 committed forcibly brought with the Jorge use to of Zambales an unlicensed where they kept firearm. As a result Alma have given to the victims. (Art. stopped his father. for the killing of his common-law wife knew before the killing that Pedro is his who is not legally considered a "spouse" father. 8294. and this was proved beyond killing was attended by any of the abovereasonable doubt by the prosecution. (2) that such a victim. who offenders intended to deprive the victim of was then only three years old. Ricky stabbed was only two days old. marry possession of firearms and explosives. qualified by treachery. Evident Premeditation (1996) of murder and illegal possession firearm is Fidel and Fred harbored a long standing not correct. The because driver. hersurvived paramour. their sister Lorna. they killed and dumped murder and the useWhat of an crime unlicensed firearm body into the river. the killing being qualified in the information for Murder. deliberate intent to kill Mang Jose was D. the charges are correct. is 49 of the Penal Code as long as not lessRevised than three (3) days for Homicide (the crime he intended to old at the time of the killing. D. suffered broken legs only and but conspired to kill C. a personafter may only pregnant liable by for Jorge. In other words. The SUGGESTED ANSWER: Information against PH alleged that he used (b) The elements of murder are: (1) that a an unlicensed firearm in the killing of the person was unlawfully killed. car forward. intention shall be guilty of parricide. and a Alma were legally separated? Explain. The policeman died as a result of the multiple SUGGESTED ANSWER: stab wounds inflicted by his assailants. only to find out. The penalty next Gavino boxed his Alma for refusing to higher in degree towife what ordinarily should be sleep with him. and taken to in another Olongapo between Pedro his killed as City an afterthought. campaign for Mayor of their town. men. absorbed abuse of superior strength) as the attack was sudden and unexpected and the victim was totally defenseless. punishing the crime (Art. the driver indeed A and B commit? A committed the crime of multiple qualified by treachery. Ricky. repeatedly stabbed him. imposed is she Art.] MURDER the killing Ricky should be held criminally liable only for adopted as the relationship between A homicide son not parricide because the and the said son must be by blood in order relationship which qualified the killing to for parricide to arise. of the crime committed. a young housewife. the moral basis for de Roxas and decided to cross at the imposing the higher penalty for parricide is intersection of Makati Avenue but both were SUGGESTED ANSWER: absent. (5%) Murder. Fidel and that Fredsuch committed the crime of Murder provided use is alleged specifically under Art 248. to whom and Mang Jose suffered multiple fractures she wasribs. There then is no indication that the abandoned his wife and their son. Whereas. C. before C Are could theeat charges it. One of them wrestled with the police officer physical injuries? to the ground andExplain disarmed him while the (c) Will yourcompanions answers to (a) and (b) armed be the other three who were same if before the incident Gavino and with a hunting knife. by evident Parricide (1999)premeditation. RPC. What All the assailants are liable for the crime of crime or crimes were committed? Discuss murder. Fidel and Fred . 219 SCRA 85. and (4) that SUGGESTED ANSWER: murder and illegal possession of firearms. on one hand.orthe child. A killed: upon (1) a the woman with whomthe he father lived friends. and killed Pedro in the fight. par. parricide is virtually absent for a period of Murder. penalty Explain. Should Ricky be of prosecuted 3. of their 4. or crimes did in its and commission may only be appreciated Fidel Fred commit? Explain. a septuagenarian. legitimate Alfeche. his political rival in the election direct assault. RPC) not corresponding to parricide shall bedoes imposed require the crime "knowingly" since Athat is related tobe the child within the committed. if a homicide or latter murder is walking home late at night. what crime did Ricky commit? person killed was own father. murder. the penalty to be daughter. even if there was knowledge. a policeman intercourse with him.] HOMICIDE or murder as the case may did Ricky commit? Explain. it is In 1975. they crime finally Jorge in firearm if no other is cornered committed Ermita. whether or illegitimate. was walking not possibly be aware that his adversary was with his ten-year old grandson along Paseo his father. that the man whom A committed the following crimes: he killed was his own father. an affray took place a bar insitus and kidnapped. Yes. mother. SUGGESTED ANSWER: as a special aggravating circumstance. 267. murder as by Mang Jose's 10-year old asaa cohimself or to retaliate. weeks of criminally illegal After possession of surveillance. Said driver's parricide for the killing of C. hit The by a speeding CRV Honda and were 2) crime committed shouldvan be parricide sent sprawling on the killing pavement a meter if Ricky knew before that Pedro is apart. their adopted son. or spouse. A Imprudence gave the food with with respect poison toto the C. (a) Can Gavino be charged with suddenly found himself surrounded by four suffered serious physical injuries. What crime from or a week when his mother arrived SUGGESTED ANSWER: crimes did A commit? (3%) Manila to visit him in jail. but grandson. What or grandson. correct? her illegitimate Explain. Reckless Imprudence Resulting to Serious Rape (1995) Physical Injuries is correct. a the Chinese mestizo. Where the246. conspirator of A in the C because result of having been hit killing by the of speeding the killing was carried out by means vehicle of said driver. (3) their daughter. No. 246. middle of a rice field. it and is kidnapping Murder. her illegitimate father. Reckles Imprudence (2001) twenty years already. D running over Mang Jose's prostrate body and E died because of having partaken of after having bumped himcrime and his the poisoned food.

. and Alma were legally separated at the time of the incident. and the law will not permit her to retract in order to charge her husband with the offense (Sate SUGGESTED ANSWER: vs. Haines. paragraph 2 which imposes a higher penalty for the crime of physical injuries in cases where the offense shall have been committed against any of the persons enumerated in Art 246 (the crime of (c) No. my answer will not be the same. If parricide). 372. he may be guilty of serious physical injuries. 441 RA 837). This offense is specially mentioned in Art. (b) Yes. 11 La.(a) No. 263 [4]. then Gavino could be held liable for rape. A husband cannot be charged with the rape of his wife because of the matrimonial consent which she gave when she assumed the marriage relation. 731 So. Ann. Gavino.

abuse Flordeluna. employee who shall detain any person for man even if none of the circumstances prosecuted and punished separately. is A’s criminal Code). hisJose principal intention the male organ (People vs. cited in II Reyes. the subsequent valid marriage between the Rape. any crime from c) crime Delaying release is resulting committed by signature of Rachel nor of against her mother.). SUGGESTED ANSWER: Three conducting routine grounds for 2. in required as reasons. the intimidation. A legal separation is a separation of the statement. eighteen (18). answer of belonged the complainant. such person to the proper judicial of sexual assault by inserting a Ariel presented a sworn affidavit of desistance with a bolo penis into into having authorities within the period of: twelve person's the sexual victim'sIntercourse mouth or anal executed by Rachel and her mother stating that with him. The girl that did not pleasure. the detention was People Carandang. virginity should not be understood intelligence is that as of to a child lessathan twelve its material sense. Rape. Rachel's mother What other actsof are considered rape under (2. the any offense the carnal Flordeluna knowledge of a dizzy Roger why. and who withwas thegoodforegoing infatuated with the man. etc. 37 SCRA 450. act of a sexual assault against chanced upon old tricycle insanity or any other ailment requiring the B. The gravamen aircon ventilation but did not bother asking for offense? Discuss fully. The said Article intellectual capacity of of aa child less than punishes the abduction virgin over 12 12 years old. "child matter of fact. 335. since the detention was incurred immediately a complaint. toinjuries said prisoner orabsorbed the proceedings and there. etc. abduction under Articlethe 343accused of the Revised Since victim is a mental retardate with an Penal the Code. RA No. Perez. Roger mayrape be prosecuted Office. G. 126.] having knowledge a RPC (prosecution of the crimes of rape. criminal action the penalty allowed by law (People us. "when When the is offender's an arrest penis by a is peace inserted officer into Rowena enticed him to have sex with her in or his mouth by a or private anal orifice. gavehad me much With claim of the accused the sexualthe intercourse with her. No. 31 Mar 95) As a (Valdepenas vs. Act Trimor. amended. and became unconscious. scar. of & Intimidation (1995) liability? of B. Ariel complexed which committed by the a public or and the other rapes should be demented woman by a moves for is the dismissal of case. (People us. with a bolo into having sexualeach. Quezon A peace officer or a private person to City which was driven by Roger. Roger may not be charged and convicted retardate. Although sexual intercourse is tantamount to bea the problem did not indicate the victim to statutory rape because the level inof virgin. the victim on thefor occasion of the of rape. for however. Citing offenses punishable by will afflictive or capital offense. Rape. be a child prostitute. of the crime rape with serious illegal SUGGESTED ANSWER: Intercourse with him. Is Ruben liableof intimidation is not present. Ilarde. Citing Art. rape be present." person considered advance celebration of her twelfth birthday. Revised Penal Code). by inserting his penis into the anus of to the driver. The affidavit of desistance only amount the any infliction of physical injuries suffered by public officer or employee who delays Art. When the arrest by a Abduction peace officer lawful? Explain. What are the legal Why? policemen A shall be criminally liable for rape by SUGGESTED ANSWER: surveillance of a cogonal area in Antipole detention? (2. (2%) It is enough that a considered in determining the proper penalty of the prisoner. the years absence of spermatozoa does below twelve old is rape. they are no longer interested in prosecuting the a into complaint. or violent committing anRuben. Affidavit of Desistance (1993) Arbitrary Detention. as amended. did not contain the and thirty-six (36) hours for crimes or from a crime against a private 1) The case should not be dismissed. amended Art. Will the subsequent marriage of the offender SUGGESTED ANSWER: to the condonation of civil not125. 2) In the of rape. suffered by victim order may. Both were naked from a Even a shall man may be a victim of rape for by hospital be considered legal grounds the waist down and appeared to be enjoying sexual assault under par. degrades or demeans the by adding the phrase is demented. felt woman below twelve yearsInstead of age (People vs. The her consent and lewd designs. 13-year old girl how she felt when took she a was raped by the to a nipa hut in his farm andit there accused. I would convict of rape. proceed. No.5.isSuddenly. means of fraudulent machination or grave designs. eighteen-year old the criminal action oran the penalty imposed. Proper Party (1993) some legal ground and shall fail to deliver in many rapes were charged and proved. 477. and 3. as amended. investigation. violence or Intimidation is of the crime is not the injury to the woman ALTERNATIVE ANSWER: not essential to constitute rape. before the City Prosecutor's effect would this bed affidavit of hours desistance have on spouses from and board (U. RPC. rape is a important consideration is not Each the emission human being.R.. 344 of the RPC (prosecution of the penalties. takes B. 2 of Article 266-A the detention of any person (Art. of the persons to the proper judicial authorities of with onecarnal of the multiple of rapes authority. CA 37 OG 1762. (5%) detention. As defined in said law. Elements. would you looking and to a rich and SUGGESTED ANSWER: convict the accused of town. Grounds (2006) (18) years. since of therape essence mental retardate. Afterwithout the necessary preliminary by any public officer or was employee who. that of a crime Rape. Resolve imposed? with reasons. forcible abduction for are: taking Flordeluna to Anti-Rape Law of 1997 1. notice ofSerious such order A. Anti-Rape Law of 1997 (2002) arbitrary detention? Explain only incidental to the rape. the the policemen despite protestations that 3. Multiple Rapes. 1981 edition). equivalent. to in a motel physical cannot be rape." and Security intrinsic worth and "or dignity of a child as a . for person. carried of out with a valid consent to with the sexual Intercourse.16 SCRA 871 [1966]). or by inserting any instrument filed or object. Effect. (5%) The town physician found no semen nor any made pursuant to a valid warrant. Victim (2002) shall Male be the imposed service on ofthe theoffender. Forcible (2000) is 1. Rachel's mother immediately (12) hours. she is legally incapable giving and under 18 years of age. on top of Rowena who was known compulsory confinement of the patient in latter.] having carnal investigation. The Anti-Rape Law of 1997 reclassified rape fully. Fiscal's as Office. or their equivalent but (Art.Absence What. or their equivalent. Consented Abduction (2002) twelve years. Evidently. vs. another male.). Arbitrary detention by Prosecutor's detaining a are: raping victim during SUGGESTED ANSWER: sworn before the City Revisedthe Penal Code? (3%) the days she was person legal ground committed The other acts considered under the for held. whose age is below eighteen distinct offense and should be punished but the penetration of the female body by Rape. Penal Code). and the offended extinguish the This is The case should party not be dismissed. At most. which debases. was committed by A?consented Why? (2%) Yes. Roger Flordeluna consider the consent voluntary and she was to his house in Cavite where presumes for that a girl below twelve old detained two (2) weeks. a mental retardate. an information signed by the without but legal detains a person Cavite against latter's will and knowledge of a the woman by a man by with lewd prosecutor didgrounds. . threat and it can be upon so through if any the petition injury isfor slight. After necessary preliminary Rape. or unduly delays which complaint Yes. By express was filed provision by the of offended Article 266-C partyof or the parents Revised in Penal the Code. Johnson. Her hymenal opening easily admitted without a warrant. criminal liability hence the case should still absorbed by therein the crime of rape. Ruben was arrested by of Revised Penalhis Code. Ariel moves for the Revised Penal Code). Ariel intimidated Rachel. exclude virtuous years of age. of bringing Dela Cruz.Criminal Law Bar Examination Q & A (1994-2006) 58 of 86 59 60 Rape. any. Where the victim is a woman of good reputation. her sworn punishable by have light pardoned penalties. separately. arrest person: SUGGESTED ANSWER: Flordeluna noticed that aRoger was always two fingers showing thateven no external force Ruben is liable for rape. 106541-42. Answer. Office. The forcible abduction should be abuse Rachel of Revised her in mother. mental 1. p. it was held Roger be charged and convicted of the crime No. 124[2]. People. 2. Flordeluna boarded a taxi on her way home bleeding on Rowena's hymen but for a may. May SUGGESTED ANSWER: In People us. the sexual activity. but the outrage and alarm to her family A committed "Child Abuse" under Rep. A with lewd designs. of the with crime of rape with serious illegal Similarly. Roger may not be charged and convicted that sexual intercourse with a prostitute of rape serious illegal detention? Explain.%) The 3 ways filed of arbitrary detention detention. is the release theliability period time crimes of rape.S. case? Explain 853. officer Resolve with committed. to that of a crime persons. are the 3 ways of acommitting was tovs. SUGGESTED ANSWER: the prosecutor but honor. offended shall extinguish The complainant." complainant consented for a fee to the offer any resistance because she was sexual intercourse. Anti-Rape Lawthe of 1997 (2002) crimes or offenses punishable by the criminal and civil aspects of theRFC. Revised Rape. amending the in a) statement. rape if you crime. a male. be judicial or the executive the release Explain. liberation of succeeds in inserting his penis into the Penal anus such person (Art. Statutory Mental party Retardate Victim (1996) offender andRape. the Heinous abuse" includes sexual abuse or any act Crimes against Personal Liberty Crimes Law. 27 Phil. supported by her the Anti-Rape Law of 1997.. healed 2. not contain the signature of b) nor Delay the delivery of 344 detained (Art. for the entire duration of a her detention. when asked during the trial against persons. mental retardate with an intellectual although rape has been reclassified from a capacity between thetoages of nine and crime against chastity. ALTERNATIVE ANSWER: 1 What Ariel intimidated Rachel.5%) The commission a15-year crime. may be charged and not disprove Roger the consummation as the convicted of multiple rapes. 56 SCRA 84) sincebrought the law doesn't her to Quezon City. 52 SCRA 259). 7659. for crimes or offense orifice. or What their the genital orsupported anal orifice by of another case and that they Ariel. replied "Masarap. 7610. ifForce any. 125 SCRA 11). were the prominent family in the What if A committed thecase? crime of SUGGESTED ANSWER: judge trying the Explain. an information was signed by correctional facilities. Rape. The injuries specified the performance of any SUGGESTED ANSWER: dismissal of theor case. 124. She years was raped does not and cannot have will of her own.] committing an act 2 After the prosecution had rested its case. if force placing his car freshener in front ofor the car had been employed on her.

because the corpus delicti the law. which isJob an essential of committed and Nonoy? (2. not grave nearby where they took turns Illegal detention is strong. hours. DAN's defense will not prosper.000. onehis occasion. The composite of crime committed committed by other persons. They of the victim and buried the latter in the sand to do something against the latter's will. The treachery or abuse of superior strength. arising either out of passion or other motive against his be right wrong. Though it may courting so that he B may succeed to appear raping Tata owns aInstead. On appeal. the committed. She wanted SUGGESTED ANSWER: reside permanently. by CD? a rich classmate. she insured failure to return a minor under Article 271. Afacts and personal knowledge of the criminal liabilityin since he released any great damage could be inflicted and detention. threw the had her husband and would release him only not convert thedrove offense into humility.5%) Jaime. of Roy gave the necklace was a consequence the detention.000. homicide dwelling and fora Alternative Answer: person was and maltreated by and rape the purpose for thetortured of: subsequent a) Preventing death some of Dang. 267. Luke to Navotas for "a Grave Coercion vs. not preparatory act. them of to hide Luke in their shack because he minor. which latter's act of taking C to the United Slates. the be Procedure).00 but refused. Later. Isagani then drew his gun and told Luke was killed. because of a leak. One morning. were seen totally burned by a barangay for the kagawad crime who to illegal detention under Art. RPC. suffer Upon destruction interrogation. with its rape against or a her third sister. Revised Penal deadly weapon. May of Edgardo the consideration. Revised Penal 138874-5. Dang. child What crime the parent did or and the demand for the ransom took place in attempted kidnapping inasmuch as no overt SUGGESTED ANSWER: guardian the Tata. the the crime of illegal detention not A and B were legally separated. was so enamored with and threatened to kill C if the latter's wife did refused. that building the Article kidnapping? so she 271 could expressly Explain. crime crimes did Dante commit? Since or the death penalty has already been dwelling. the crime committed was only where already they burned smashed although his head not with totally. liable for a different crime afterthought (People v. The duoMario then negating any intent toabout kidnap or detain when him in a taxi by Mario. gagged with visitations stockings and Kidnapping. 9344. assaulted Mamerto.00 asdiscernment. ransom was demanded. tothe kidnap a girl to hekill is Arson. stabbing of Dante is guilty ofdemanded less 53 Phil. he will be liable he SUGGESTED ANSWER: (3%) serious physical injuries forthe the release wounds ofif his P5. The contention of A and B that they had rejected him. they brought them a not hill in a the information for kidnapping and serious liable for barangay kidnapping because they didthreats.00. not a crime. physical injuries inflicted. Andy and to Jimmy committed agents of the law in occupants. Emil stage. His act of bringing belongs toANSWER: Isagani. B. Vicente asked for more money to a new had no money B construct committed the building crime ofbut kidnapping and B commit? Why? (5%) to charge nevertheless. parent evidence shows thethe death of the child took SUGGESTED ANSWER: who shall place Yoboy three and take Yongsi minutes from burned and after deliberately the said box was building fail sealed to No. for Revised compelling Penal Roy.000 and that. No. kidnapping with homicide and be to lock up the or criminal detain the offended Kidnapping (2002) Nonoy. if any. Mamerto heard the commotion was lewd design when they took the victims they did not conspire. Sometime in illegal detention only. a woman by law or to(2. what minor. Proposal to One early there was a infant fight Kidnapping. or is attempting some neighbors yelled and shouted. teach Luke a lesson in Christian plastic bag containing gasoline. Paz disappeared. Nos. Reform Act. (5%) her that he persistently wooed and pursued not the same. San Diego. kidnap ANSWER: or restrain the liberty of the girl been Since the custody of C.5%) Code). Had he serious offense. The then left a CHU even before any criminal toFearing commit an might offense. Isagani asked Roy to return to him family with the threat killing. Forthwith. and he had already been booked Mamerto's saw Dante and accosted him.788). A and B conspiring with each other. attic. Yoboy to whom and The Yongsi custody intention commit? of the is minor controlling has Tata. 10 SCRA 753). 286. Martin discovered the sustained by Mamerto. They contended indicating that the person to be child before the lapse of the 3-day period before the flames have extensively spread. the a was attended with the aggravating of fire under the circumstances proposal to Vicente to kidnap the girl. What offense did Isagani commit? this properly qualified the crime as the Isagani committed the crime ofand grave the commencement of home. would have 2. What penalties should be imposed on police headquarters to make him admit the Jaime. In the case Paz Masipag worked as a housemaid and the assault on Mamerto. 3 Herran Street. addition to the offender's liability for the suffered Injuries which. 7659). Illegal Detention vs. Effects. 2003. In about to escape. confession which was their intention to obtain killed (as him.they however. in case would have died Onethis afternoon. They told passed by the house of Mario carrying a called up C's wife informing her that they ransom Demand for ransom did they willwas onlysought. ransom. should not complexed with frustrated Martinconfined andbe Pops Kuripot. who had same are open will likewise not be liable (Art. the child (NOTABENE: R. 10 Phil 143) 3. subject to monthly by attic of his house. they seized him and instantly. 248. Nonoy will be would be maltreatment of prisoners. criminal liability is the employment When is embracing. inRelease his presence. Serious threats where they forced them to dance naked. Thus. Minority (2006) suitcase of FEL and burned it together with kidnapping and serious illegal detention necklace. the killing of Luke is Any person who shall enter cafes. detention. reclusion perpetua is for the Kidnapping w/ Homicide (2005) of Jay. The circumstance may be kidnapping and serious detention or slight very mad at FEL for failing in his his college SUGGESTED ANSWER: Isagani lost his gold necklace bearing kidnapping with homicide. did attended by treachery (killing of an infant). Serious Illegal Detention subjected to similar treatment as the him due to his arrogance and (1997) miserliness. DAN released is actually committing. Lora (G. without authority of law. residence. constitutes the separate informed was hiding from the NBI (Art. Hence. without having paid any defense prosper? Reason briefly. What was crime a as beauty was committed queen in however. Job and Nonoy committed 2 Dante counts of the b) Emil and Louie who smashed the maltreated by the agents of the law is a At about 11:00 in the evening.R. tosubsequently draw from him athe threat detained. Revised Penal Code).R. Andy and Jimmy. Mario them tokidnapping a fishpond with in bag at the house of Mario who was inside if she paid a Luke ransom in the amount of murder because the demand was merely a Navotas where was entrusted to Emilthe Kidnapping. that is. New Arson (2004) arrested consummated. or other c) Marioby has no liability sinceelement he was not gain. immaterial as they are charged with a crime minor friend Nonoy grabbed them and ransom withand homicide Code). material to will. CD got Grave (1998) a) Jaime. nor are they aware of their the Such is the nature of the threat inintention this case raping them.000. Jay. Andy In and Jimmy. regards Dang) in the course of their separate from the kidnapping having been inns. while the through the employment suchis means. Revised Penal Code). to Law which such circumstance ALTERNATIVE ANSWER: only issue was: Was the crime committed CD isCoercion the stepfather of FEL. but later to released humility" does not constitute a crime. the shows that Nonoy acted with he detention as follows: in coercion. At the trial hisin case. complex crime of forcible abduction with rape head of inside the and of buried the latter in suspect and victim may have been detained his way the house Mamerto. CA GRNo.5%) compel him to of do something The non-recovery of kissing Lyn's body is not kidnapping with homicide under Art. 342. (US vs. Gilo. to Then the duo drove away. and less serious physical injuries confession. the Rule person tortured and Tresspass of Absorption (1994) will beto Dwelling. 10SCRA673). In his fury. because Edgardo did not of put up the money the building for P3. b) imputed Rendering who were kidnapped to agents and Luke. San Diego. It Louie is destructive heard the arson SUGGESTED ANSWER: is a prisoner who has escaped from within three days from commencement of kidnapping were instituted. slight hearing. raped and of killing However. his father. andcommitted the Paz mouth of Martin’s son with the gagged crime committed. RPC. placed the child in a box. as amended by RA act. Paco.000. L-49430. Neighbors also rushed at once by a doctor. Edgardo may not be to charged with restore resulting his toor its her total minor loss. 1. CD got the leather The crime committed by A and B 10 is initials. Dante. Jimmy appreciated only in the crime of Slight Illegal Illegal detention? Decide.. former constitutes an aggravating stockings. the and the touching of her breast as a Under mere while inamended Illegal detention. will be entitled to a suspension of sentence. laborers the commences with the commission of overt Arson. the fact that the crime is forcible abduction with rape a woman arenotwithstanding done with lewd design. the Court found that a child noodles factory of Luke Tan. Revised It is be of charged Penal no to Code. The P10. afternoon.000. (3%) broadcast because fire and was panicked. 268 (Asistio v. The and arson Louie took isor in kidnapping is not Besides. the crime is grave coercion appropriate penalty (RA.pay "If you will not give back the necklacefor deprived of his freedom and the subsequent her. order compel him to 2) harm kidnapping to himself. Lyn was SUGGESTED trespass dwelling? (2. constitutes athe age of the victim. and who 280. unlawfully. Job Trespass to Luke Dwelling. 267. nor are they aware subjected to torture to extort a confession and went out of his room. What SUGGESTED ANSWER: Dante committed qualified trespass confess to such crime. the crime have been slight to me. 267. Subsequently. because the corpus delicti of is the embracing and the touching of the breast of penalized with maximum penalty. taverns. Grave Coercion (1999) Dante committed frustrated homicide for the circumstance of dwelling (People vs. the After the trial court found the from one confinement to another (Sec. the whether criminal it liability of or Job and RFC as by R. The non-recovery of Lyn's body is intent not victim dies as a of consequence is liable for vs. his penalty be one The crime ofone-week qualified trespass toshall dwelling yaya of the old son offended of the spouses such confession without the party degree lower (Art. dwelling. afor university. Kidnapping. RPC) Art. he reported Edgardo to urged Yoboy and Yongsi. person. Februarys. So. However. is a ordered Nonoy to push Dang down a ravine. a shovel In case because the victim being a minor. What crime. G. the institution of absolutory. in No. if she were to fail. Andy. Voluntary (2004) i. criminal proceedings Luke consummated to the seashore because of the Dagat-dagatan house was in fact release is irrelevant and immaterial in this has escaped while being transferred against them. by Code). radio consummated and TV. Maltreatment of1) Prisoner (1999) Job Trespass and lesson Nonoy to dwelling in Christian committed is not humility" applicable kidnapping does to any and not Forcibly brought the another's police serious person constitute who illegal shall detention a to crime. 2004). When. Ignacio. Destructive Arson (1994) his mother. the is (People v. was placed in the custody ofthe A one-week child was merely kept (People in of has old been duly proven. I will kill you!" Out of fear for his life killing. a felony confidence. sealed it exculpated if he was 15 years old or below. the Juvenile Justice and and is thus notMartin a detention prisoner. the basis of of liability Nonoy. kidnapping for his coercion October (Art. because they made a demand ransom theits necklace it belongs to him. separate offense of murder against Dang. any person who shall detain another ora incident of the embrace without lewd design is the actual restraint or locking up of crime which is kidnapping with rape of Lyn in any manner deprive him of liberty and the constitutes merely unjust vexation (People ALTERNATIVE ANSWER: person. who body her victim. marry him. Lyn ran away but Job enter any dwelling. No. Destructive Arson (2000) March 30. (3%) were purposely sought or merely an ALTERNATIVE ANSWER: Evidently. No. Eddie kidnapped C driven and detained him. the of 4 were arrested SCRA 673 [1964]) Dang 1. SUGGESTED ANSWER: to the police headquarters (2. the here. three-storey building located at United States whereemployed he intended for them to that the means by Paz was her and eventually making her accede to No. buried it is not him required in the sand.R. in will not be proper in view the amendment. vs. 248. C. the house watching television. liability What crime or material criminal of Job a person from doing something not prohibited SUGGESTED ANSWER: crimes did Paz commit? Explain. not constitute grave coercion. Mario poured water on the burning relapse. but Roy consequence of the kidnapping. On the second day. and NonoyANSWER: chased her and being pushed liable her inside SUGGESTED establishments without aware of the intent and design of for robbery. with masking tape and placed the in the However. while Dang and her sister to Isagani. resulting in the her death. for generic police. kissing and touching a of According to the autopsy report. Voluntary penal establishment or place where he the detention. had just recovered an trio illness had was running from the from NBI. Unknown to them. and put in jail. in in his company. he was above 15 years old but Distinguish coercion from illegal detention. if Jay. a failed separate murder which Edgardo put up. and other public houses. Murder qualified by treachery because the of destructive arson because they collectively had been commenced. b) means Emil Louie who the head by of serious threats ordeath intimidation. the Edgardo friend Vicente. Jaime. 9344 is outside the coverage of violence or serious intimidation approximating girl's considered only unjust vexation died breast of barely three minutes 4. when B had C placed in induced aOn box sealed with tape. resorted especially to been in destroying when the No. by burning. His act of bringing caused his death. What crime was committed by the agents of regardless of whether the subsequent crimes SUGGESTED ANSWER: nothing to do with the kidnapping. and then lit it. Arson. 7659. between Eddie Gutierrez and Mario Cortez. The and victims. Without the demand Roy. (5%) announcer the house stated of Mario that which there is is a an shoot-to-kill inhabited release by the offender of the offended party is serving final judgment or temporarily amount of the ransom demanded and before order house for the or kidnappers.5%) crime and tortured/ maltreated him SUGGESTED ANSWER: Luke to Navotas for "a lesson to in make Christian that incapacitated him for 25 days. 5. The Lyn. because of the violence employed to compel of the minor Nonoy.. such confined while hisEmil case is pending. Manila. the crime absorbed bywas the greater crime. brought them to an abandoned warehouse They were properly denied bail because the committed murder by treachery or whether it be right qualified or wrong. without authority law. of Rule Rules on Criminal 268. the crime is maltreatment Dante pulled a knife and stabbed Jay on his of crime committed is abduction because there They are not liable forthat kidnapping because prisoner and the fact the suspect was abdomen. detention 137554. (Art. he dieinformation if not treated in Mario's car for Manila where they called up ii.A. If there was no material to liability of shall Job party and 1950). Illegal Detention. 68. Mamarion. enter withheadquarters.. Yoboy and Yongsi committed the crime act ALTERNATIVE toplaced. she below 18 years of age. People v. kidnapped CHU. conspire. the law? Explain your answer. This angered Job. When Paz learned being in jail. the term "homicide" is used in the its he required. What crime or crimes did the 6 2. After satisfying lust. same constitute acts of lasciviousness thePercival mother. One day. son. serious a) Jaime. thereby depriving him of his liberty has been duly proven. agreed tocommit kill act. collect penalizes insurance any proceeds.box Abedoza. timely medical attendance. Revised denied the petition for bail. were it not for the But if the suspect was forcibly brought to the aware of the criminal intent and design of offense of murder qualified by treachery. Lyn on their way Job (5%) were special complex crime ofG. took C with him to the becomes apparent. Will DAN's Discuss Eddie's liability. them and It brought is enough them tothat the does the Penal Code. If so son. sense and covers all forms of killing whether in the nature of murder or . Their child In this which case. charged. Jay c) Mario has no liability since he was not killing thereafter. Larranaga. par. humanity or were justice. circumstance of lack the of respect due exposed to danger life ornot property of is only a there preparatory act and anto overt to reside permanently.5%) merely "brought" committed as a means to commit a more she asked Martin for a cash advance of Under RA. When the person to be arrested that since they had voluntarily released C arrested has committed it. Mamerto sustained Injuries them? (2. frustrated homicide for the stabbing because the agents failed to draw such prohibited. (5%) SUGGESTED ANSWER: and Nonoy? Paz committed the composite crime of The acts of embracing. He saw wearing the said intention was toRoy demand ransom from the and Mario as those responsible for the Detention in Art. Proposal to Kidnap (1996) Crimes Against Property vs. After kidnapping confess a crime to service him. all contents. Private Persons (2006) to detain whom they were informed was because it was committed with a gun. Andy and Jimmy. The attempt to commit violation of said provisions of law. forced (Penultimate par. who was of away and subsequently raped them.A. 320. basis of Unjust Vexation vs Acts of Lasciviousness (1994) box in the attic with his child already dead. that However. where the penalty prescribed is (Asistio pushed them inside a smashed white van. and he has DAN raised the defense that he did not incur in to help put the fire under control before during the early morning of the third day of Luke unless they give a ransom within 24 detention provided Article 267. Is asphyxiation the non-recovery of Lyn's body the examination) violence. and against his will. a person to be arrested has committed. where the kissing. Theyto are or intimidation approximating Thereafter. ransom for acted with As the problem Coercion may be distinguished from illegal After a couple of days. the premises they be crime committed is kidnapping and serious evidence guilt113. voluntary released C within three days from SUGGESTED ANSWER: September 2003. 5119-R. kidnapping is evening. Under whatis situations may a private person The crime not robbery because intent to 1.Criminal Law Bar Examination Q & A (1994-2006) 61 of 86 62 63 64 monetary 270.. Is CD criminally liable? Explain Job. of Art. the victim was suspects commit? (5%) briefly. trespass to dwelling is P1. though committed by another person. front wall of the house started blazing and they kill him. which retroacts to the date that been validly arrested.1985 to be strong and therefore 5. illegal detention prescribed in Article and arson. What crime or crimes were hiding from NBI (Art. courses. demanded ransom with failed. being in could love with another man. cruelty and abuse of Kidnapping (2006) others (Art. asking DAN. RPC. Revised Penal Code) and the the sand committed murder qualified by them. never seen again. is criminal absent since the necklace the van. trial court found that the evidence of violence guilt in abuse of superior strength. portion of the house. Martin did not pay discernment. they not apply. Will Nonoy's minority exculpate him? It is noted that when the offended party homicide because the trespass is was that her 70 year-old mother was seriously ill. Lyn a minor. When an has fact was filed against him. moment bum with as her attempted amended.. scheme by the offender (Paz) to conceal the and Louie. The original confessed and pointed to Jaime. The next day. C. theransom. B decided not to return C to deprivation of of liberty and intention consideration money. September 30. kidnapping with ransom. the Eddie kidnapping is liable was for destructive announced over arson the in the iii. and and before criminal proceedings for Only a portion ofand the house was burned. Aoffense and B of released C Luke's family and threatened them to kill Charged with kidnapping and serious illegal just been committed. otherwise. to prevent instead of to acts of lasciviousness? after the boxthe was sealed. the fishpond caretakers. Cusi. The the intention to detain Luke whom they were would bring about a higher penalty. would a private individual. Andy and Jimmy committed police premises station. The caused the destruction of property byoffense means Edgardo has done in the premises was has only the right of monthly visitation. Later in the afternoon. 1982). loaded Later that evening. has been given to the mother and B victim was only one week old. At most. 267. She then relation to Article Here. As a and kidnapping. 9346). at 11 o'clock. Revised Penal Code). SUGGESTED ANSWER: B filed a petition for bail.of Angered to finance the construction.

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. 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. G. 1613). SUGGESTED ANSWER: The crime committed by CD is arson under Pres. . Decree No. Judge David Nitafan. a memorandum check is covered by Batas Pambansa No. CD is criminally liable although he is the stepfather of FEL whose property he burnt. 75954. The provision (Art. 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.Criminal Law Bar Examination Q & A (1994-2006) 65 of 86 BP 22. No.R. because such relationship is not exempting from criminal liability in the crime of arson but only in crimes of theft. there is no more legal basis to consider burning property of small value as malicious mischief. hence. Revised Penal Code). signifying that the maker or drawer engages to pay its holder absolutely thus partaking the nature of a promissory note. Decree 1613. 2 Yes. 22? 1 SUGGESTED ANSWER: A "Memorandum Check" is an ordinary check. with the word "Memorandum". "Memo" or "Mem" written across its face. or in payment of a pre-existing obligation or as a deposit or guarantee (People versus Nita-fan). and malicious mischief (Article 332. 1992). 22 because the law covers any check whether it is an evidence of Indebtedness. Memorandum Check (1994) 1 What is a memorandum check? 2 Is the "bouncing" thereof within the purview of BP Blg. October 22. swindling or estafa.

22). Consequently. 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. he borrowed P100. In March 1989. He failed. Blg. Memorandum Check (1995) 1 What is a memorandum check ? 2 Is a person who issues a memorandum check without sufficient funds necessarily guilty of violating B.BP 22.000 from Jane and issued to her a check for the same amount. Edmund is a businessman who has been borrowing money from Jane by rediscounting his personal checks to pay his loans. 22? Explain.P. When Edmund was notified of the dishonor of his check he promised to raise the amount within five days. The check was dishonored by the drawee bank for having been drawn against a closed account. Blg. Jane sued Edmund for violation of the Bouncing Checks Law (BP. Is the defense of Edmund valid? Discuss fully. 3 Jane is a money lender. .

22 demands. ashe worthless check is a malum account because said law applies solely to convicted under prohibitum. (b). defeat the presumption of knowledge created by the law. (1). A issued a be found guilty of having violated postdated check to be presented for payment 2 Blg. a resident of Cebu City. of the Revised Penal Code. R. 315. Yes. No.P. Although she the jewelry (People Nitafan. To pay the loan. What is being penalized under P. negligence allowing another to take signifying that the maker or drawer engages advantage of or benefit from the entrusted to pay cannot its holder absolutely thus partaking chattel constitute estafa. Nitafan) Amelia's acts. (5%) funds at the time of the issuance of the check is an essential element of the violation. memorandum as evidence of indebtedness. issuance ofmere checks. presentment is generally accepted by the bank. a person who issued a not misappropriate it. SCRA 725) Aurelia introduced Rosa207 to Victoria. A memorandum check is an ordinary be obtained by the accused personally. Is her contention correct? 30 days after the transaction. (People vs. CA. Unable to sell the ring and bracelet. Blg. Section 185 of SCRA the to Negotiable from Victoria under an obligation return the 79) Instruments Law. or in payment of a preexisting conspiracy between Aurelia and Rosa. otherwise. latter cannot be held criminally liable for (People vs. Discuss fully. 215 purview of vs. she did 2. B deposited the check in question and the same was dishonored of insufficiency of funds. and Is there such a crime as estafa hence there is no violation of the right negligence? Explain. Victoria sued Rosa for estafa under Article 315. Presumption ofestafa Knowledge (2002) be held liable for under Article 215 of sanction of B. Quezon City. Nevertheless. The misappropriation was done by covers all checks whether it is an evidence of Aurelia. from the Revised Penal borrowed Code. (2%) against imprisonment for non-payment of debt.P. The understanding that the check checks byat reason of insufficiency will not dishonored be presented the bank but will be of funds and that at the time she issued the redeemed by the maker when the loan falls checks concerned.D. through his own acts. 115 is the misuse or misappropriation of the goods or proceeds realized from the sale of the goods.P.P. subpar. 46OG 6135) on a bank and is a bill ofreceived exchange within the for estafa. A called up B and told him not to deposit the check on the date stated on the face thereof. Quezon City. on condition that. the purpose and spirit of B. before the maturity date of the check. Aurelia dutifully returned the bracelet to Victoria but sold the ring. 22. a dealer in jewelry who does business in Timog. (People vs. Furthermore. unless within five (5) banking days of notice of dishonor or nonpayment. a friend. criminally Nepomuceno. kept the cash proceeds thereof to herself. Blg. and his mere "Memo". the law presumes prima facie such knowledge. Blg. in turn. Blg. and issued a check to Victoria which bounced. Two days Explain. or as deposit or guarantee. Is A guilty of violating B. she had adequate funds due is a mere private arrangement which in the bank. check with the word "Memorandum". While admits that the shepenal may may not prevail to she exempt it from BP 22.00 cannot however B. par. Rosa. Upon arrival of the tires. the drawer pays the holder thereof the amount due thereon or makes arrangements A mere notice the A to the payee B for payment inby full by drawer the drawee of such before the maturity date of the check will not checks.000. (Bouncing Checks Law). agreed to sell a diamond ring and bracelet to Victoria on a commission basis. A trust receipt arrangement doesn't involve merely a simple loan transaction but includes likewise a security feature where the creditor bank extends financial assistance to the debtorimporter in return for the collateral or security title as to the goods or merchandise being purchased or imported.D. the nature of a promissory It is liable drawn (b) No. 115 was unconstitutional because it violated the Bill of Rights provision against imprisonment SUGGESTED ANSWER: for nonpayment of debt. Victoria insisting that delivery to a third person of the thing held in trust is not a defense inANSWER: estafa. orin "Mem" written across the face. sheP500. Rosa cannot be held note. and absent the showing of any indebtedness. the law punishes the dishonesty and abuse of confidence in the handling of money Estafa (1999) or goods to the prejudice of thethrough other. the profit or gain must 1. if these items can not be sold. Julio sold them but did not deliver the proceeds to the bank. Rosa delivered both items to Aurelia in Cebu City with the understanding that Aurelia shall. Julio executed a trust receipt in favor of the bank. No. Although knowledge otherwise known as the Bouncing Checks by the drawer of insufficiency or lack of Law? Explain. (People v. make A memorandum her criminally liable checkfor upon estafa. Rosa's negligence which may have allowed Aurelia to . Such contention is invalid. as A had not deposited in the drawee bank the amount needed to cover the check.P. Julio was charged with estafa under P. On conditions relating The act of 1 22 by reason of the closing of her appeal. Nitafan. they may be returned to Victoria forthwith. Nitafan) A a businessman. documents or Instruments which are being held in trust for the entrustee-banks. return the items to Victoria in Timog. 22 will be rendered useless.D. A failed to settle the SUGGESTED ANSWER: amount B for in spite of the Yes. The defense the of jewelry Edmund does is NOT not valid. Rule on the contention of Julio. It does not Estafa vs. The title of the bank to the security is the one sought to be protected and not the loan which is a separate and distinct agreement. 22 as said law Victoria. as explained above. 115 which makes the violation of a trust receipt agreement punishable as estafa under Art. she gave them memorandum check without sufficient funds to Aurelia specifically to be returned to is guilty of violating B. Estafa & Trust Receipt Law (1995) Julio obtained a letter of credit from a local bank in order to import auto tires from Japan. 22. In fact. In other words.Criminal Law Bar Examination Q & A (1994-2006) 66 of 86 misappropriate 3. the obligation. Is Rosa criminally liable for SUGGESTED estafa under the circumstances? Explain.whether BP 22 (1996) matter the check is in the nature of a The accused was convicted under B.C. (a) There is no such crime as estafa through SUGGESTED ANSWER: [4%) negligence. Julio contended that P. 22 for having issued several checks which What the law punishes is the mere issuance were dishonored by the drawee bank on of a bouncing check and not the purposetheir for due date because the the accused closed her which it was issued nor terms and account after the thereto. To secure payment of his letter of credit. argued that she could not be issuing Blg. 22. same or deliver the proceeds thereof.. Blg.P. A Iswith liable violation of latter's BP. In estafa. No.

person No. Falsification of Commercial Documents (1997) 30.00. a his replenishment of his account Bandido. Gabisi and Mr. and agentsdishonored of Moonglow Commercial Trading. he could be held liable virtue of the sale of the washing machine to persons who commute in such highways. but fails to in keep Mr. Moreover. Yto submitted to fence.P. When A does not incur criminal liability for estafa against A? signed Explain. expressly stated the property freeThe owner of the hadWhat no inkling from any lienestablishment or encumbrance. In with intent to defraud another. a and Corporation received from Maricar sum of allowed him to amass wealth in the leaps complex They tried to defraud the and P500. All the while. in a crime of falsification merchandise in good faith. by means of violence or intimidation. What would be the criminal hold order and warrant of seizure and A who negotiated the unfunded check of B in needed P1any.00 P2. for estafa misappropriation of isthe him. subject only against matter predetermined of the obligation. of a document is presumed be the need of money. the driver of the first cab. the merchandise in good faith. the latter was Bank A with an initial deposit of P2. third when estafa. they decided to hail another taxicab and Explain. Falsification of as Commercial Document (2000)were correct. C complained to liability Bank B for Corporation incur any criminal conveying the said lot to him for P1. such prepare and file with the Bureau of Customs that there were five families inside falls within the ambit of B. Carlos Gabisi. while VR as In accessory. The accused also violated R. sold merchandise If it falsified could be established that Atohad no author of (People vs. C and D agreed. On their way Consequently. Rule on the defense.000. VR truth as therein solemnly proclaimed. B decided not to that buy it. sold the washing obligated to Decree return the 532 merchandise to its SUGGESTED ANSWER: The motion for reconsideration should be committed on a highway. C and D temporarily hisa bank deposits. C. postdated intimidate B into sharing with him May some of The accused opened a saving account with 1995. The series of robbery committed the when he issues the check. par. execute and any further evidence was presented todeliver establish to be invested and therefore the liability for public instrument or document held (a) that heis was the forger of(Perez the shall signature of its return civil in nature vs. par. the D and B PD 532.00 the and corresponding interest earned. (3%) only committed the robbery to raise money official functions through manifest partiality. and for the juridical possession of the merchandise. P500. both are31. 84096. with the use of a that counterfeit credit is card.000. was obviously intended to intimidate B and suffered any damage. E before him (A)still money to buy new spare tire. did the five commit? Explain. asincluding money market placement for bounds. A and B agreed to meet at the latter's house shipment as children's toys. the contention of the accused is not fake or counterfeit credit card. understanding that B could return the 286 crime of Grave Coercion under Article of also moved for the reconsideration of the appliance within weeks testing same Code. Divina.000. Ytoon engaged Mr. Defense of Ownership (2002) A sold a Article 280 of the Revised Penal Code for of theft because being the depositary.000. Court SUGGESTED ANSWER: DD was engaged in the warehouse business. days later. having issued the check. not actuated by the intent to defraud in issuing A and B are neighbors in Barangay Nuevo I. Swindling (1998) because robbery isthe committed thing. drawee bank. the accused went to Bank AA summoned enough courage and had The charge for Robbery under Article 298 of Convicted under two informations ofsuch estafa partakes of the nature of a loan. except for the showing conversion. unlawful among for public officers nevertheless be others. or intent court ordered to return damage the merchandise document. Collector8% of for Customs. As long the checks issued broker. Explain. In the discharge of of issuance that it has no funds in bank commit? Explain fully. Estafa. The defense notcommission tenable. (5%) 10.000. the taxes and appearing thereon. Mr. he was in dire thus.tire.000. of his earnings. and public documents. funds. 105. it should be taken only as special et al. a check influence.isshall misappropriation that could constitute residential in Makati covered by TCT though 2 It it is islot Highway found in Robbery theCity possession under PD of a 532. a use customs guard. B. preliminary against A. (b) estafa. orchestrated a plan whereby A. A. offenders are not brigands but including the Government. shall that the of ownership C had been forged. C norpaltik (b). not for highway Robbery under causepointed any undue Injury toknowing any party. Orpheus Financing for industry and savvy which falsification of commercial documents. On considering the maturity however. not of a if separate On premise that the of Sale which temporary. bank within ninety (90) days from the date MacArthur Highway having a drinking spree. Theredefrauded is thus a deceit or by fraud Robbery means (1996) of deceit. Decree 532 granted. thecharge President of the B financing corporation What or caliber charges filed deposited another Bank check of P be who signed the deed out of fear. he was arrested. In their motion for estafa because the facts to indicate that he is Robbery under RPC (2001)accused alleged that the reconsideration. P2. SUGGESTED ANSWER: account.A. time of such negotiation that the check has money amountingGabisi to P1.000. SUGGESTED ANSWER: high hollow block fence. the accused money market placement? Explain. the offender is a brigand or one who roams in trip abroad. cause the the ground that heDeed purchased the prosecution. used in inis the the robbery. The court aggravating circumstance to the crime of ALTERNATIVE ANSWER: disturbance of property rights.000.000. he is A not SUGGESTED ANSWER: Presidential from Robbery found out that B had No. back to the beerhouse.failed A broke few days later. he was acquitted Robbery vs. and represented themselves as they the eyes of the because issued to apply on law account or for when value. B SUGGESTED because a money market C. VR must while in merchandise deposited.000. decided to car leave and so asked for the one of A's blew up. 316. (a) of the possessor Sometime November 2004. he deposited in the savings deliver Maricar's money placement with into B'sback house. (3%) . A should be charged for the crime DD moved for the reconsideration of the to cause damage is not necessary because the owner thereof and ordered DD to of Qualified Trespass to Dwelling under decision insisting that he should be acquitted the principal thing punished is the violation of refund the P500. Mr. makes it may B who A which with his check complaint of X. the washing machine. may the accused be nevertheless convicted for an offense punished by the Revised Penal Code under the facts of the case? Explain. 8484. He. while B Market is reputed to (1996) be gay but noted Yes. Said Article provides that falsification of commercial documents. covering the amountto including the political A decided harass and Estafa. B is not liable estafa because is a highway in these respects: physical but also juridical possession. Before A bill. conductedaby Customs Senior Agent James driver of all money while would wait for however. who As acquired her son needed it by lawful money means. D and B were in a beerhouse along Estafa vs. he for transferred not he merely No. There is no felonious offense. crime. hetogether asked Bbut to they lend aforementioned documents with the Manila were short of a Port. and heTwo purchased Distinguish Highway Robbery under lapsed without B returning the appliance. 1998. potentiality the motion theyof offer. and that A will negotiate it to buy a new tire. a bill of (2000) lading and acrime.000crime.investigation. flag a taxicab and rob the taxi leaving zero balance.000. a commercial same compound at about the same time sufficient funds to cover the full amount of Robbery under RPC invoice. .00. company filed a criminal case taxes robbing and computed at P600.accommodated D and E are liable for two (2) counts Section 3(e) of by R. Appeals etal. Highway Robbery (2000) the same. and which punishes the or possession of Mr.00 and endorsed allegedly by later on ANSWER: tried to register thetransaction deed. Damage is not on and the President of said Corporation issued Resenting B's riches and relying his necessary. (3%) machine to a third partyIs B liable for owner. B. Bthen had International Container However. funds in and the Mr. who discovered thatE the contents of them in the beerhouse. they were charged with convicted for violation of SUGGESTED ANSWER: otherwise. thus. Theduties tireX. Two days thereafter. the the character of VR a "public" instrument or of a commercial document.00 from his Did the of Financing Corporation towithdrew comply with its compelled B to type out a commitment. at the time crime or The crimes. The sale for being on credit. Deed of Sale savings account. to pay their bill because it happened that evident faith gross i.000. Sebreno vs. While withdrawing arrested and charged in court after the Revised Penal Code should be filed and attempted estafa both through nonpayment thereof would not give rise to the amount. Divina Elements (2005) Later sold the same lot to Angel for DD purchased television forshe P50. A Orpheus Corporation to single andFinancing living alone. BP 22 (2003) Duty Declaration which declared the by one criminal impulse. left P60. of the crime charged. only by a single indivisible criminal resolution payment to the drawee bank for lack of Gabisi and a Mr. unregistered lands several barangays. for his (Art. C. Said said law the necessary Import any Entry and Internal compound. One night. investigation prosecuted estafa Further if he was aware at the they again robbed driver T of his hard-earned showed that Moonglow is non-existent. C and D which A negotiated for a documents new When as declared in thebalisongs. that as to .000. 2 of the Revised Penal Code SUGGESTED ANSWER: commit? (5%) DD committed the crime estafa under Art. knowing that of the real property 315. a private Individual. they to discuss B's financial problems. he any set estafa through misappropriation or person who. 2(a) of the Revisedshe Penal Code by a being sold is encumbered. B. his obligation is only a civil Estafa. B Silang. he the public faith and the destruction of the had washing machine to B on credit. of each of to the two accused? detention then issued by District buying aif were new tire for his carthe may only be So. did Divina commit? [5%] Divina committed estafa swindling under counterfeit. decision was erroneous because the crime the check which A negotiated. 21.00 and when the was from his of estafa forcheck reason of deducted the nonpayment the other valuable considerations. a mere principal. they against A and B. an entered the compound. money market placement. A week later. up the defenses that. considering that the same was expressly punishes person who may Revenue Declaration covering enclosed by a six-feet hollow-block have insufficient funds in high theMoonglow's drawee bank shipment. Cavite. apprehended a3019 police team upon the A. A compelled B to sign. Money Placement bully. that to withdraw P10. Assuming that the attempted or frustrated stage of the violation charged is not punishable. Ocuarto toact to commit robbery as they were not aware insufficient funds their due date. B. However. presented. he is the owner thereof by robbery is committed indiscriminately against wanting. Dec. A is a barangay Kagawad was notthe consummated but was only athelp anand issued postdated check only to A: known to be a or dolo attempted stage. only liable for the unpaid price of the also be denied. titles after B picking out title covering drawn and endorsed purportedly by upon C.000. B as buyer On regardless the other of the hand. prosecuted under BP 22to for They to E as the mastermind.00 more meet their bill. soon. People.Criminal Law Bar Examination Q & A (1994-2006) SUGGESTED ANSWER: Estafa vs. His acquittal is of moment ordinary Robbery committed on a no highway. liability. What crime oror crimes did DD Art. 81 SCRA 120. No. 26 Jan 95). Highway Rule Robbery under Pres. his lands. the shipmentexhausted was released. B or may notinexcusable be prosecuted for they were short of money pay the same. for two compelling Bafter to sign such decision insisting that since if. negligence. SUGGESTED ANSWER: that the credit card used by DD was if any. a one customs The offenders committed only robbery in Estafa. went to the SUGGESTED ANSWER: No. office of Mr. even convicted DD of subject theft but acquitted VR on robbery. deposited infalsification histo warehouse to VR such for license orthe permit possess and carry Sendaydtego. 1990) . be Court of Estafa vs. a six-feet Mr. for bad value. Government did not suffer any undue injury.000.00. forced him to bring out some account a Bank check for Pa 10. B.00. to and (2) damage or lot. misrepresentation in posses the Deed of The Sale that elements of estafa under this penal the same is free from any provision lien or are. had not attained damage.President he P Orpheus 10. Mr. (2005) The caliber firearm carried A guilty ofTheft robbery. theft is which he sold. would be sufficient to.00 only.R. they were impelled was upon presentation for Importer of children's clothes and toys. public RFC) Divina mortgaged her 67 of 86 68 lot to her neighbor Dino for P1.00.00. DD was charged with theft. did A. 127 SCRA 636. if any. interest due thereon. Ocuarto a packing list.. spot check was would go out. B issued A a postdated check with the van (shipment) were not children's toys All armed with A. inside a compound enclosed byNo. on the motions with reasons.A. the check bounced for lack 1. 22. with the having intruded into B’s house. (1) the accused another encumbrance. Sworn Import constitutes one continued motivated the check when presented to the drawee A. Koh Tiek vs. he and is not criminally liable. Ten notwithstanding repeated said 200 square meters in demands their barangay. Yto were no sufficient Mr. Estafa. as firearm. liable foreconomic attempted estafa thru On his March 1995. and that in fact the criminal intent is absent.000 units video cassette recorders withof After the driver. duties of which were computed atOn his way. Anticipating. weeks deed of sale against his will. What Penal Code. The not just an entrustee of the washing machine 1 In of Highway Robbery under PD the element taking in the crime of 532. C. At about 1 o'clock in the morning. By depositing the merchandise in his estafa? Why? (5%) SUGGESTED ANSWER: (5%) differs from ordinary Robbery committed on warehouse.000. A carried a paltik . of robbery under Article 294 of the Rev. G.45 the second charge C by of Appeals. A SUGGESTED ANSWER: which amounted to P1.45 should in full view of B. no there is signature transfer of of the money compel him to sign. B. Blg.e. that date. because. At the most. In a the Deed of set Sale. one after the other five prejudice capable of pecuniary estimation is houses occupied by different families located caused to the offended party or third party.000. registered Government with the in use ofper false commercial sixty days at fifteen (15) cent interest. still made falsely pretending to credit.000. causing damage the buyer of the Five robbers robbed. Obviously. the owner be restored of a 500-square to the owner meter even victims. How many robberies Rico Yto.00 to VR. shipping but hailed the of first taxicab they encountered. tires Ocuarto filed the They pooled money following the their meeting. Diether Ocuarto.

considering that he and Mario did not benefit from the P500. took the coconut the robbery. frequency in public highways. and three daughters were living. Regala. (People vs. dwelling is aggravating. et al. (Art. the ones who killed Jose employed Mario as gardener robber D. Suppose it was robber D who was crime shall charge A. Thereafter. RFC as amended by R. brother of B. G. the four took turns in raping the three daughters of Danilo inside the latter's house. andRevised Manolo Penal committed under the Code Robbery. Manolo. robbed a house at a desolate place where Danilo.000. b) The crime would be Robbery with Homicide Canturia et. whatliability under Art. 2000) Nighttime. because shell surrender but they fired the oncoconut the police with thewho coins inside. (People v. Plaga. Punzalan. armed impunity. 130508. It is ordinary (a) Robbery Jose. dwelling is not aggravating in attempted robbery with homicide. they killed the whole family . with the intention having a prevent identification) and on theof occasion of night out with his friends. Fernando.A. Manolo and Fernando commit? Explain. April 5. (2%) a) A policemen is criminally liable Robbery with bank. The crime of 78853. 1. People vs. (People v. et al. Arson. Hence. he was guilty only of robbery. swindling or prosecutor malicious mischief. Henry then took a can of gasoline from the garage and burned the house to conceal the acts.the April 26. (3%) Is A 531) Solis. is not aggravating. but were arrested around 200 meters away from the house by alert Mario and Henry were charged with and barangay tanods. his wife.000.00. noticing that one of Danilo's daughters was trying to get away. not in the presence of the other persons travelling thereat.R. committed by Fernando a place "distant there is frequency in theat commission of the from the in house" the robbery was robbery publicwhere highways and against committed. a being bank. Domingo. would be considered their common key. Salvilia. ran after her and finally caught up with her in a thicket somewhat distant from the house. 202 SCRA Robbery w/ Homicide (1998) liability under Article exempted from criminal A. B and C with Robbery and Homicide. since he acquired design. at about one o'clock in the morning.000. the four carted away the belongings of Danilo and his family. Fernando alone should Robbery in public highways is only occasional answer rape.R. Fernando. No. Hence. a and 332 Revised Penal robbed Code for SUGGESTED ANSWER: when they were about to get out of the brother of B? Explain. They demurred arguing that they Robbery w/ Homicide . There is no showing that the same was purposely sought by the offenders Robbery w/ Homicide (1996) to facilitate the commission of the crime or Jose. (People v. While the four were in the process of ransacking Danilo's house. Henry surreptitiously gained entry into the house and killed Jose who was then having his dinner. but before they left. November 8. No. by the and the Here.of C the and D all armed. him came from the the bullet which b) No. likewise. It is no defense that they had no opportunity to dispose of or benefit from the money taken. would you resolve P500. even if for a short time. Henry found the P500. 182 SCRA. hence. Forthwith. The tanods recovered the convicted of robbery with homicide. The multiple rapes committed shellthe which is that being used by B as a bank and fact several persons were for killed coins from inside their locked cabinet using as [homicide). 299 (b) (2). Domingo. aggravating circumstances of arson.R. the crime committed is robbery. Suppose a broken bank employee killed and them. before bringing back the daughter to the house.. B and C) were not No.00 in the lotto. He further alleged that arson is a felony and not an aggravating circumstance. Mario moved to reconsider the decision maintaining that he was not at the scene of the crime and was not aware that Henry killed the victim.How They learned thattheir Jose won Robbery. with the P500. (7%) acted in concert with Henry to commit robbery. No.R. 7659) and is not aggravating because the RPC does not provide that such crime is an aggravating circumstance. moved to reconsider the decision. As a conspirator. and nighttime is not aggravating because the house of Jose was lighted at the time he was SUGGESTED ANSWER: killed. if any? Explain. is Resolve with reasons the respective Mario not correct. A is not exempt from with criminal firearm of the police officers.00. 7659 (2005) (A. 1991) robbery with force and intimidation is consummated when the robber acquires possession of the property. as an accomplice. No. SUGGESTED ANSWER: opportunity to do so arises. b) Suppose. For his part. each being held liable for the criminal deed(s) executed by another or others. B. 22 June 1995} Robbery w/ force because the upon killings (2000) were by reason (to A.. G. while Fernando committed when the commission thereof in complex a public crime of Robbery with Rape. asserting that he is liable only for attempted robbery with homicide with no aggravating circumstance. al. whenever the fourpublic commit? Explain. G. which accompanied the crime of robbery with homicide is absorbed (Art. and carries what out his crime robbery did the in highways as venue. you 332 because said Article applies 2. liability of A. and Fernando. Domingo. In Highway Robbery PD was 532. Conspiracy highway is only incidental and can the be offender inferred from the manner the offenders is not a brigand: and committed the robbery but under the rape 3. likewise. Mario also claimed that he conspired with Henry to commit robbery but not to kill Jose.A. came andfor ordered them to force upon things. possession of the money. Henry. with bolos. 294. B. hence. the act of one is the act of all and the extent of the specific participation of each individual conspirator becomes secondary. C and D?killed [3%] only topolicemen theft. charged A. Mario positioned himself about 30 meters away from Jose’s house and acted as lookout. killed RPC). was taken intent officers fired back and shot with it out with to gain and outside was of their home. raped her first. things 108490. rapes coconut shell with outside of their home the synonymous Ignominy and thein additional presence of his friends. Since crime in robbery with force and 88163. AThe broke the are aggravating circumstances. and decided to rob argument? (2%) him.000. What is the (People criminalvs.Criminal Law Bar Examination Q & A (1994-2006) 69 of 86 70 to prevent highways identification.R. a) What crime did Jose. the charge should and onlyHenry be as cook. whereas ordinary conspirators. dwelling. Mario casts his lot with his fellow conspirators and becomes liable to any third person who may get killed in the course of implementing the criminal Henry is incorrect. without the special complex crime. Mario conspired and motions of Mario and Henry.00 and took it. 1990) intimidation against persons (robbery with homicide). and nighttime. rendering him liable for against for a the predetermined victim. Mario and Henry fled. G. after the robbery. killing synonymous with cruelty.

the composite crime of robbery with homicide. thereby causing such death by reason or on the occasion of a robbery.SUGGESTED ANSWER: 1. They shot it out with the policeman. The argument is valid. C and D should be charged with the crime of robbery with homicide because the death of the bank employee was brought about by the acts of said offenders on the occasion of the robbery. 2. A. indivisible offense. hence. It would be different if the charge filed was for the composite crime of robbery with homicide which is a single. considering that a separate charge for Homicide was filed. B. .

manager. and address of the owner engraved on the out of the fitting room. Joselito married Ramona in(1994 July. before Bobby may validly same constitute acts of lasciviousness (People Bigamy (1996) penalizes any person who directly or the position to which he had been nominated. On 1 March 1976 Marcy filed a was dropped by a snatcher who had grabbed A is not guilty of any crime because a frustrated or attempted? Explain. though it was not specifically Moreover. 350 the Revised and regular proceeded basis. What SLANDER BY DEED a crime committed been separated for is more than ten years. indivisible offense where the rape circumstance that offends public conscience. accused was charged with and convicted of 1950). Thereafter. (Arts. the killing of(1995) B took place. Department in the Executive Branch of the When is embracing. specifically designated as The week saleslady in hotels. he was not that he was being cheated by his friends. dishonor. The money and his hand on the left hip of the victim should have been charged with three (3) A mother fire broke also out filed in an a department administrative store. sold her newborn baby towho them. SUGGESTED ANSWER: Art. perceived victims the Baello. of broadcast. Unjust Vexation (1994) Grave Scandal. found a gold Penal Code. Although the conspiracy of A the their liability should be limited only to Theft (1998) latter. if any. of Ronnie in chasing garbage and animal excrement into the of C. Percival Gilo. The crime of bigamy prescribed in fifteen SCRA 705a [1978]). What crime or returned to the scene of their confrontation homicide. he discovered constitutes theft and being complete. of the with milder The intent principle criminal to gain. ANSWER. Cebu. dashing to the "shameless". once a knife which he used to gain entry. concerned citizens and the newspapers for liable as for robbery with rape? Explain. robbery the being debased the with aggravating unconscious. be against assessed A. I will not sustain Bobby's defense. acquired exclusive control of the personal was conducted by residents of the thus giving rise to the special complex crime years computed from the day the crime is a stating an opinion. In an explosion of anger. opportunity to carry out his plan murder necessary element of corpus delicti being. Thereafter. it is mandated that the absolute around and after a few minutes.unfit which previous office. 110 such one like of with who. When identity of the victim must be established Bulacan which she planted to rice and corn. Act caretaker No. homicide. P out that he SUGGESTED ANSWER: the hometown of Abe in Calamba. circumstance Although Before theft rescuers of plush condominium in Makati City sunbathed offenders Sec. Manuel and Teofilo plowed. Sunshine was stopped by the over B's pillow found the latter's wallet would you resolve the motion? 8% him.. as amended. Act No. which was bulging and was cornered on top of a cliff. which is not in making a polite reference to sexual the offender It XA. because itcontention was not he whohe had found the place. aired PO1 on Reyes television. and that he was lasciviousness [ascommission there was no lustful succeeded inthem the ofovert their original of a final judgment declaring such previous and charged with the proper offense. It is and a the compound Teofilo killed ALTERNATIVE ANSWER: SUGGESTED ANSWER: because Penal Code). She screamed and shouted commission of libel. or cohabits with her in any other Charged In an interview with theft. Dave and Corpus Delicti. Robbery w/ Rape. he has sexual went relations tonot the Ever on Department a bigamy moreattended or Store less entered B's house at midnight. his capacity to marry in 1993 shall beby he noticed aof big pile of cut logs outside the As a matter fact it was discovered the cigarette before departing from the scene. the crime is only MALTREATMENT and since it did not belong to him. Having sexual relations on a more or constitute an offense. Harry was net properly Harry Theft. 2) What committed by reason thereof. Eduardo was arrested and charged with was well within the reglamentary period as it What are the elements of "corpus Victor scooped up the money from theacts cash The designation of the crime as of Judge Gadioma who were neighbors. substance of the crime" or the fact that a and CA. motels and other SUGGESTED ANSWER: definite person or persons dishonored. 266. Aand was nominated Secretary a Acts taking of Lasciviousness vs. Subsequent swimsuit under her blouse and pants. radio broadcast Article 355 of the Revised can he be prosecuted for any other crime? 2. The married Linda on 12 June 1960. did he commit? be stated in the birth certificate of the child the exclusion ofand Teresita. In order to denunciation out of a moral or social duty composite crime robbery with rape under contended that ifof they were to of be held liable. removes. Qualified Theft (2002) which was still pending in court. A search robbery and the killing were consummated. The crime is consummated theft because the marriage is invalid or valid even without impresses that separate crimes of Robbery CRIMINAL CONVERSATION. 7 ofkilled Rep. His nomination was thereafter girl's breast considered only vexation No. A the and B caused their names to appropriated harvest for themselves to of committed it. Laguna. XA. Eventually. for arrive homicide. SUGGESTED ANSWER: married to David." swimsuits crime? Why? of different (3%) colors. A filed a motion to left took a bolo from his house. However. and Ricky and Victor in fire. 287. how and ran towards the seashore. Avila. This was done in connivance crimes did Manuel and Teofilo commit? The actual commission by someone of the A disturbance committed to the the crime victim of qualified (Art. At the height of their arguments. for having sexual Since A was a candidate for a very important which the court convicted the accused. however. defame a married or put woman. the presence of an absolute nullity. The detective and the manager the bills and left the house. filed a criminal At a birthday party in Bogo. 1988. or insult to the offended Mario found a watch in a jeep he was riding. the )B nomination way in the rape but watched liable for two (2) separate crimes of robbery A. posted themselves at the door. he trailed a teenage girl up to in existence then. Joselito can be prosecuted for bigamy and B was only to rob. or for other condi 71 of 86 72 73 74 75 76 77 land who The A felony. her sunbathing homicide] executed by them. The us. to PO1 Jesus Reyes of the Makati Quad detective before she could leave the store underneath the pillow. because The law the craft committed could could come. degrades or of demeans the intrinsic under the influence anger. 233 SCRA 155) was 14 and Ronnie was 17. uttered His defamatory statements that has against not Erika. or other forest products was not confirmed by the Commission on Distinguish slander by deed from the happening from a window did and rape. A and conspired to rob a nullity of aDante previous marriage maybe invoked Rene and coming out of the gate with sunbathing in the nude. briefly. What was committed was a single intercourse in person deprived the possession of the concubinage being a private crime requires government employees from the Bureau of and and what is as the criminal liability of each? Julia acquired complete control of the null void ob initio. Suddenly Ricky of a crime. of the fire which SUGGESTED ANSWER: commission of the crime. where the kissing. 3. street and shouted. Juliana when the latter refused to surrender fact made up of two things: The crime should be Other Acts of Child 1) Manuel and Teofilo committed the crime of of 336.000 from hissaid consent consummated. or Jason. giving rise only A is liable for robbery because of the Charged with bigamy. ALTERNATIVE ANSWER: between the two families of Maria Razon and discover that her land had been taken over crime of arson with quadruple homicide and assumes the relation of the finder to the help. vs. 3 The identity of the offender is not athe worth and dignity of a child as a human called Judge Gadioma a hypocrite and Theft. One day. thus constituting a continued submitted to the Commission on instead of acts ofJay lasciviousness? remarried in 1993. YZ and ZC. They for purposes of remarriage on the basis solely some more newly-cut logs. to be (3%) stolen also. marriages solemnized without license are correct. did his each of them commit? 2. Razon's premises. a single indivisible were the judge. The official sued the maltreatment. the use of for therein is "in addition to the penalty commit? Why? (5%) because he took the wallets and jewelry of married in In 1993. as they did. gives who responded to the of without the this accident. In short. The next day. Isto the defense of A Even without the body of the purported celebration thereof thus binding upon Marcy. nothing to stop the rape. since he did not when he could have done so. Without store. together with Connie. answer. Abe may not be prosecuted for personal properties and as they were about watch Penal turned Code punishes out to be stolen libel committed property. if any. 294 (1). 1955. and commission oflibel. as principals in the special regular basis in hotels. is spouse accordance Chapter 2. What are the criminal liabilities. defense valid? [5%] means. depends on whether the second Robbery with homicide. prosecuted forPenal concubinage under Art. First. intimidation of The threats penalized under Article 347 of or the Revised theft was qualifies the crime gave them the liquor to drink until they were street and announcing the escape. Knowing him to be "loaded". aroused when he saw the lady owner ofnot the a judicial declaration of such nullity rape. Homicide. his broadcasts. 1995.crime who Slander (1996) 2} C. as rape. Resolve the case with reasons. "Corpus that the registration of his second marriage in Eduardo Quintos. The couple A house and B. after by A isand guilty of the crime of concubinage being committed by their co-conspirator. bigamy which does is computed in not case belong of doubt from to him the as and time to whether which the crime he it is Then he remembered his losses. the filing of Marcy's complaint. After taking her SUGGESTED ANSWER: who found the watch and. consummated. The non-employment occasion. the offender can be Has the crime of bigamy charged against Joe high-powered binoculars to peep at his committed in television programs or was No. This act of or burning was not buildings reported office every Sunday way to arson. all those that the persons named therein are the with impunity. by deed. PO1 Reyes reasoned out he keeps her in the conjugal dwelling as a Libel (2005) SUGGESTED ANSWER: session at a rented beach cottage. complaint A. Qualified Theft (2002) the land is the means of committing the crime place as a consequence or on the occasion it appear in the birth certificate of aof child as amended. exempted fromputting licensethem requirement under not two in crimes. because all the taking of the been charged with three (3) separate crimes. XA decided on to rape OD. he while her marriage is still subsisting. was sexually marriage void. as amended. (Sermonia vs. 294(1) of Theft. discredit or contempt upon the subsequent marriage with Anabelle. Yes. initio therefore. While similar means. 44 Phil. The acts of Ricky in by the position alleged of their later sold. the married woman. a violation RPC. 1) influence What crime or Elements of corpus delicti: liability of Victor. for uttering what the intoxicated and started quarrelling with Band only XA raped CD. kept on gazing at her while she incurred in1975. which. After two years. Libel can be the freedom to dispose of the swimsuit shehis SUGGESTED ANSWER: When Harry saw his companions already beer Ricky complained that he was to its owner is characterized by intent to tenable or not? State the reason(s) for your victim being found. Conspiracy (2004) Philippines and lived as husband and wife in component of the robbery and so he is also broadcast over the radio. and seeing that nobody was because A's primordial criminal intent is toin SUGGESTED ANSWER: accompanying the robbery iswent just a giving rise to criticism and general protest dishonored must be identifiable even by On 10 October 1975 Marcy who remained misappropriated the proceeds. Victor and Ricky out Explain. is aa crime against marriage was registered in the civil registry of owner and return to him." What crime 2 The existence of a persons. of selling CA for 45 the the O. His weekly with his liable. more the utterance. Curious. known as SLANDER. Moreover. reciting fully the which he returned to the party andscandalous having sexual intercourse SUGGESTED ANSWER: Bigamy. While the took effect on August 3. Joselito be prosecuted for bigamy? Explain. The felony intimidation he employed on the maid before defense that his first marriage is void ab of qualified theft was committed although the complex crime of arson with quadruple Libel (2002) Explain. But the facts stated SUGGESTED ANSWER: theft. (3%) crime of arson with homicide for there is no if any. but then such act is not to be It is the intimidation of person relative to the marriage to speak of. he saw binoculars to have public and full view of Pia notice a watch in her wrist. Atcause the store's done orally in public. making malicious imputation. 10 SCRA 753). with A chasing ground that the facts do not wife. a) Define "corpus delicti". After stabbing B to charged death. She was unaware that business is selling the means of athe child. The crime is (People vs. b usurpation of real rights under Art. unless under scandalous circumstances. a another beauteous He has a "colegiala" paramour with but a whom the intention of robbing Bthe of those dollars. afterthought the crime victim. He demanded persons. B got scared I would grant the motion to quash on the circumstances. Bobby raised the crime SUGGESTED ANSWER: condition of the victims. armed with a physical employees possession in the two to bureaus hold the same. agencies then were even CBP utterly when would dishonest the be offender liable and for receives bigamy. married to Liza. on resulted guilty the the parents national victims as in of a principals was highway more The said commission reaction child a serious mere in constitutes of Bulacan. He apprehended refused. there is a need of What is that offense? Explain. she constitutes merely unjust vexation (People alleged that A was a drug dependent.10 C and the doctor? possession of A the land. But the moral. the person to whom such property is placed his hand on her left hip and gently which are among the modes for the is notpreliminary property. the proviso that the penalty provided caught A. Theft the sworn complaint of Liza. is enough Is the crime the personal consummated. applied to the crime of bigamy. child they could call their own. a Jollibee waiter. an unwed resist their taking of the land. from the crime of crime. For some time. the non-recovery of the body delicti" is established. B's body has not been found. favorite pastime — voyeurism. Prescriptive Period (1995) Having done nothing to under stop XA from inside. B was present when newly-cut logs found in their possession but discredit. who P's caught defense the is act not in valid. B and Cguard is the not a second marriage to RST. the taking days. Was The theft was consummated because home to sleep. Was the court correct? a woman are done with lewd design. It is pursuant to such concern that the Joselito should have filed a case of circumstantial evidence. Joe raised the workshop. While group claimed to be defamatory statements and C. 1) No. With committed license. 1) therefore What crime. Theft In burning the cottage to(2002) hide his misdeed. SUGGESTED ANSWER: Appointments for confirmation. mental and physical fitness for the even though hispar. Slander (1988) Upon her arrival from a three-month vacation After investigation. Can of adultery under Article 333 the Revised (3%) give rise to the special complex crime for and thus there is absence of malice. authorities or their agents. In court. Isfrom the designation of SUGGESTED ANSWER: was barely a few months the time of delicti"? (3%) box. marriage a crime. is irrelevant whether the cohabited as(P). big omission. Is CBP liable for exit. the accused struck a match to smoke because robbery is committed not only by a The Balara acts of embracing. but merely complaint for bigamy against Joe. Thus when Marcy filed a charred bodies of Jason. intent Article with seduction the Revised intent to speaker. How will you decide case? robbery must precede the rape. do they constitute Bigamy In the (2004) jewelry section of a act. (2%) Fanning fire to the situation as his parents. kissing and touching a SUGGESTED ANSWER: considered as highly scandalous and taking that qualifies the crime as robbery. and Dave invited him to poker Sunshine wore the swimsuit under her blouse body could not be located and his criminal intent being to commit a robbery. Their acts could not be acts of residential house of things of value. contracted another prevent the commission of the rape. He ran away upthe ito!" and stabbed Mang to death. of back all the money he lost. determinative only. tions they vehicular took taking grabber are prejudicial unless not part accident of she really in the the to the imputed the intimidation money the robbery occurred child's biological to from him are development.G. A was not Linda. the newly cut logs outside the gate is Slander vs. kissing of a woman Commission was considering the nomination. "and" Homicide were charged. But During a seminar workshop attended by crime or crimes did YB and ZC commit. Pascual 44 OGvexation 2789). What taking of the bracelets was complete after marriage license. Victor and Ricky. was his savings of a lifetime. The The act taking of prescriptive PO1 (People Reyes vs. the offended Customs and the Bureau Explain briefly. massaged it. because be found libel guilty may because be committed it not by he Can Abe be prosecuted for bigamy? 2) If not. estates wallets of and jewelry. 312 of the SUGGESTED ANSWER: The couple A and B. establishes that they are the offenders who defamation and criminal conversation. A took fear. Absent the intent to cast dishonor. RPC) complaint for bigamy on 7 (2%) March 1976. only or to indirectly cuts. entrusts it to another for delivery to the behind her and in a moment of bravado. similar to a robbery where a is mentioned therein. As Slander a participate result by Deed of vs. morning. he was delivering Francis had found it and further investigation concubinage by merely having ahis paramour.5%) offender ill-treats another without causing watch with instruction to return the same to knowing her to be married. there are marriages indivisible offense of Robbery with homicide. Qualified Theft (2006) Robbery. was motels of the impression and other that places she quietly searching the shelves. marriage Ramona was SUGGESTED ANSWER: rise to a composite crime. may be Asa XA was molesting her. resulting from her sunbathing. YB bracelet incontracted front of his working place in "Marriage against provisions brought where they to the can fitting be alone. When Maria to kill employed by them in forcibly entering The rule is settled that when homicide takes Penal Code. for adultery. who Corpus Delicti (2001) Although the conspiracy among the Theft (2001) for Illegal Marriage in Art. A turned were committed. or slander. B or his of robbery with homicide. was seenBobby. What crime. are all was cause committed of the act or by result Maria. corrupt. the court erred in convicting the is accused town. the police. would misappropriate it. Out of shall be the same. she was surprised to Prosecutor charged Harry with the complex entrusted and who accepts the same. sold the bracelet and searched her and found her wearing the third crimes were committed? 8% there. there was no delicti" does not refer to the body of the the civil registry of Davao City was years. crime bracelet 3446) of . intercourse with a Department man not her husband public position of a Secretary. and did the two commit? Explain. B awoke. of party Mang took are their the of Persons ALTERNATIVE ANSWER: Robbery w/ Intimidation vs. 211 SCRA 6). theatrical to land or property disputes should not be his misdeed. watch has or has no right to the watch. It is not necessary that the cliff. theft and arson. PO1 Reyes. Both the setting anot bad example (People vs. She does not have yet drink. of Rod inwas SUGGESTED ANSWER: Why? neighbor. having accepted bribes or favors SUGGESTED ANSWER: SUGGESTED ANSWER: act). Julia snatched a couple ofwas condition or circumstance against abracelets person. he stayed one step on television is similar to radio. A is The crime committed is robbery with complex crime of it robbery with rape which places may be considered scandalous crime libel or slander. irritation or evident premeditation. Their acts but previous was prevented from doing sowas because A (2) offenses he committed.D. a composite crime. thereof or attempted? belongs to[5%] another and not to of the Revised Penal Code for having Libel (2003) nothing to prevent XA from raping OD. He crime. property. Harry should have A. aothers bold actress living on top floor of a was rights "child under trafficking". The carried Razons away also goods felt which intimidated he Thereafter. theft and SUGGESTED ANSWER: against the judge which was however takingarticles advantage of confusion. the newspapers involved. thus no definite the mortis. (People vs. knowledge where. not public trust in such position becomes a public The contention is untenable. 353 and 355. shortchanged although Mang gain. room three Is A guilty (3) pieces ofof any of other likely receptacles of the cash. Malice being inherently absent in Charged with theft. A then took that the caretaker died from the blaze did sunbathed. wanted to Maria's have a threatening to kill the latter if charged. with a woman who is not his Joe and Marcy were married in Batanes in committing the rape. and complaint against A drawers. In Art. tending to of the windows in her house. YB and ZC thereby that he should notIf take anything which does became suspicious and alerted the store holding. contempt. since the primary intent The or with a man who was not herand husband. Harry box. before contracting a second SUGGESTED ANSWER: gathered the same. A SUGGESTED ANSWER: ZC. Harry was improperly charged with Crimes Against Chastity such crime. Remembering his parents' admonition (2] pieces to the clothes rack. for causing annoyance. When she came doing that. CA GRNo. reported to the police station that robbery. Bobby told violate Rep. 68 from parties transacting business in his No. but is a by marriage with Anabelle. in single. and "hypocrite. of Procedure. moreover. or violated. indivisible offense under Art. arrived asportation is complete when the offender husband had not yet come home. taking by Revenue." Defamatory statements aired responsibility. the store's In a charge moving for is crime against honor penalized in Art. This gave indicative of conspiracy. he claimed that since The defense of A is not tenable. 7610. A's appointment They 2) The business executives did not When commit Two young men. Julia succeeded in of putting them in her purse. by awith maid who wanted to scream necessary for the consummation of the two morning and. honor such the person or persons Davao City three days after its celebration. validof of even And those without the serving crime a marriage isRape. instead of simply theft. you were the judge. provides criminal liability for other acts of parents of the child when child abuse. who had seen A meetings and B on top of the component crime of robbery with celebration of the bigamous marriage up to bracelet ALTERNATIVE and. until they all fell asleep. However. the of P.Criminal Law Bar Examination Q & A (1994-2006) SUGGESTED ANSWER: Robbery w/ Homicide (2003) committed hence. 86 honor is committed. upon inspecting it. had several mistresses. gathers. This SUGGESTED ANSWER: bigamy . The All are liable for the special complex crime arson. occasion a calamity such as when the defense of Jason. the is not that he had not committed any crime mistress. it for the caretaker of the resort. par. If you party. the other robbers. defense of and prescription ofstatement the crime. (5%) after being radioed by impulse the store personnel embarassment or ridicule to radio the latter. (5%) Harry. Although as a general rule. Bobby's defense? valuables were made on oneunjust and the same murder. Harry the salesgirl to prevent her in seeking help. 7610. complex already 224 her SCRA dignity dead crime 218) was . the offended to its the owner. but is included as "any be authorities furtive resolved misappropriation or in their favor agents. Discuss fully the criminal crime he committed is only unjust Harry killed Jason. In addition. it was not done a public After raping the complainant in in her house. A entered the ofreport another Harry became liable for another separate executives holding office at the adjoining tall such. entered mother. there is no previous there were more than one victim divested of homicide and robbery. Arson taking or asportation was complete. discredit. government. B of jumped from the cliff into the sea. himself the proceeds of with the sale. After another and the failure to restore the same should be acquitted. the upon Harry scene unless the committed occurrence of the theaccused accident the of the tried separate touching was to prevent A. sound asleep he hacked all of Pandoy them to death. Is A not qualify Harry's into a killing complex became the talk of the town. what will be your ruling? under Art. were present and aware of the rape Makati and. libel? Why? (2%) CBP is legally married to OEM. criminal agency as the committed by any act. The act ofHarry making under Article 310 of the Revised Penal Code. of the of felony. for committing the the crime and as Pandoy. the lecture with nopossessor malice at as all PO1 during a seminar traced Manuel the last Reyes. of Section 3 that refers to child abuse Maria committed the crime of slander or Revised Code for employing violence liable forPenal the crime of simulation of birth. of victim is Rights not a bar to Pandoy the then prosecution Usurpation of station Real (1996) the LRT at EDSA-Buendia. the Provincial owner. to They the meet women's at for wear least section.D. period Dino. YBmade and ZC stood inasmuch as the broadcast by radio is or not. but acquires whole only group Otherwise. did the business executives to one indivisible offense 1) Pia did not commit a crime. A is Revised married.and of Pia. or after the Family Code 1. If not using dishonor or discredit Erika. husband and wife. It is revenge on the three cheats. his for his subsequent marriage with Anabelle the rape was being committed which gave not to those found outside the gate. In his defense. saw name laws. contempt. if unrebutted. Rape (1997) offensive against decency and good customs. felt that his retirement at the age of Cindee committed libel for uttering offense was opportunely discovered and the Rhum and gave them to his companions to entered the store while Rod and Ronnie enough that the bracelet belonged to evidence of "corpus delicti' and therefore. and Revised taking Penal advantage Code). 27 gain which to and Rules is gain. Jordan Terre. hence. after Discuss fully. 330. Victor. girls. 720). but does not other looted from the store of Mang gently massaging it. moreover. incident of the embrace without lewd design statement objecting to B. if any? Explain debases. cultivated and include the identity of the person Pandoy were later found in the houses of show an exclusively sexual motivation. the unwed mother C. The accused should instead be held Adultery (2002) and besides such topic is not intended to (Dorothy Terre vs. ALTERNATIVE ANSWER: obtaining a marriage license. crime has been committed. Act of Lasciviousness (2006) The crime of theft was only frustrated because been stolen. (5%) bracelets after in her purse. to leave. Pia to ridicule. Bobby Theft. What crime crimes did A A committed the crime of powerful qualified theft Issa simulation and of birth who were of the first newborn cousins. Miscellaneous the Penal Code. Then Victor and Ricky dashed to lasciviousness is not correct. but the fact of death and Teresita is the owner of a two-hectare land in Where a finder of lost or mislaid property ascending the stairs. Was Harry properly charged? owner if he was the actual finder: ifthe he acts ofas lasciviousness. the accused it of is still the Crimes Against the Civil Status naked at its penthouse every Sunday killing punishes is the inter Violence alia the against act persons" of buying which and for pretending legally helpless possible condition to as be the of customers the offended victims. were child. the crimes. among others. OD. na kayo!" Rod design exhibited by Eduardo when he placed No. on the ground that no crime threatened to stab everybody.. that he any crime. he took not the acts goods of lasciviousness on the occasion (Art. With evident intent to gain. Is P's by correct because their liability is not only for SUGGESTED ANSWER: bigamy? Reason briefly. This is so a single. If defamatory imputations are made not malice. Based on the testimony of Cfrom and other though not as by reason thereof. A. A was arrested and charged with homicide as a single indivisible offense. B's wife commit a robbery and in the course ofthe the component. great of majority was its owner. crimes. that she hand over the watch. sold it and appropriated for marriage with Connie in Singapore. and grappled with A for the quash the information. Abe and Connie returned he in effect acquiesced the rape to as the a by publication in the newspapers Theft. B. Ignacio. bad blood had existed in the United States. corrupt. Abe. CBP contracted and put these in her purse. is devoid of merit. from whom Ramona had SUGGESTED ANSWER: from any of the public forest. shall not be liable concern as the interest of the public is at Despite the nullity of the first marriage. as the eventual talk of the plan to simply rob. was for of the special complex crime of robbery with directly imputed to the business house so. and the doctor shall be broke out in the department store. 358 2) Yes. The employed means which weakened the of Victor in scooping up money from the cash Maria forming called the basis Judge of Gadioma the criminal "land charge. Bigamy (1994) and the doctor being all involved in the SUGGESTED ANSWER: employing force or to violence upon things. B would not (2. as there was stabbing Mang Pandoy to death. b) As soon as Ricky had stabbed Mang Pandoy. drunk and fell asleep. Further. the taking dead against advantage persons. P. The primary discovered by the offended party. Section 10 and absorbed in the of a therefore robbery. it from the owner a block away from where married man does not incur the crime of from Saudi Arabia with considerable savings. namely: murder. complainant. B ran up aand steep incline along the shore The criminal liability of all. it is guests. Will you sustain their valuables. Rod and Ronnie went to the the What one crime who found or crimes the bracelet did Cindee and it commit? turned Angered by the betrayal he decided to take offender is in a position to dispose of the Murder. at help of birth. Is B as criminally objective of the accused only to and rape the I will did acquit the concerned citizens the man not know she was was married. Joe left Marcy and concurred in the commission of the rape by not belong to him. The because obviously they made the Why? Yes. 40 of the gate of the watershed. whoever may be found be the owner. offense of robbery with rape. The second precinct with the instruction to locate the and brought to the office of the store with the dollar bills he was looking for. SUGGESTED ANSWER: wherein he took advantage of the helpless void ab initio. Definition & Elements (2000) people next door she was chased by Ronnie. and therefore heexecutives. The fact binoculars. crime. what crime or crimes Abuse under Section of RA. he purported victim which had not been found. deeds words which slight defamation only because she was against orcommitted. to commit the crime and the actual helping Mang Pandoy. particular crime Suppose charged. it turned out to have Robbery w/ Homicide. in is the a on The crime committed by XA. the The act does not clearly separate crimes. The term is used subject frustrated. Special Complex Crime (1995) paramour does not per se constitute committed a successful any and crime reputable because businesswoman. 5119-R. However. party. The saleslady possession of the knife which A was then above facts. Stages of Execution (1998) Oral defamation. the acts of violence (murder or the victims with evident intent to gain and that constitute his marriage child to Issa trafficking was incestous which are threatened her with a gun. money and other valuables and left. of lamented crime another concept IfB is the the without second as fact a isthe that composite crime Robbery with a dollar bills amounting to $10. ALTERNATIVE ANSWER: Robbery. 312. 334 outside the door of that her bedroom and did a public and may be defamatory. an approached policeman P with and delivered the man who had carnal of her. C. she was arrested by the dishonor. of force upon things is of no moment crime. 1) liable for robbery with rape. Manuel and Dave. property of the it Revised Code. Art. he delivered the bracelet detective. theft Revised considerable lapse of time before he decided boxing the salesgirl to prevent her from the ofwho theManuel Gadiomas of delivery throwing with practice the 2) doctor assisted in Explain. The lady victim testified that B did not in any rape. the store and dismissed. constructive notice to the whole world of the 70 gave him the opportunity to engage in his defamatory remarks tending to ordering cause article seized from her. ifA any. is criminally Cindee was losing almost all his money which to him store. He rifled vehemently denied it. and therefore the Watershed and Reservoir when place and within public knowledge or view. Hence. camera. did Pia commit? Explain. commit? closest to making Pia criminally liable is of the of the money and other valuables. In relation thereto. when barangay but after almost two days. Criminal Conversation (2004) Concubinage (1994) have been liable had heto endeavored to injury. grabber". 7610. as complainants.and 705. she would (People vs. if any. the body of the crime or "corpus second choice was to follow young mentioned in the article since itsweet was not yet consummated was only discovered held to be or delivered by frustrated. the special complex crime of robbery with embracing and the touching of the breast of The offense is Qualified Theft under Sec. Family Code. A"Tumakbo and B. the Maltreatment publication. The argument raised by A. he forcibly grabbed it September from her. had sexual intercourse learn later on that Ramona was previously smuggles timber. CBP is liable for but shoplifter. (5%) convicted when the facts and circumstances already prescribed? Discuss fully. Title 1 of the . Forest Ranger Velasco was patrolling In the first place. as marriage investigators found among the debris the Lucy ran out of the store to seek help from beyond reasonable doubt. Crimes Against Honor guilty of theft or of robbery? Explain. department malicious imputation of reasoned any Together XA. Rod and Ronnie. stake. an overseas contract worker. bereft of dissolution of such marriage under Art. Ricky. however. A got offenders was only to commit robbery and Francis Garcia. The Balara Appointments. Penal Code. committed the crime confirmation. such acts being imprudent and wanton and innuendoes: otherwise the crime against Batanes discovered the marriage of Joe to events brought out the fact that the The bracelet the theft of the swimsuit consummated. Sunshine. scandalous circumstance. neighbor's homes and domestic activities. plus the fine on the occasion of crime a vehicular accident under the law then in force and penalized under Article IV of said law. friends property being taken: in this case. since there isless no settled in Mindanao where he later met and their co-conspirator XA. even of if Article the said IV. Manuel and Dave with robbery with homicide. Rene and Dante an act intended or calculated to absolute nullity.amending raped her. Distinguish but briefly between oral P failed to clearly return the watch to the owner Abe. a widower for the past 10 Sunshine has not yet left the store when the SUGGESTED ANSWER: (10%) Harry ordered several bottles of Tanduay store of Mang Pandoy. Aof property The following of morning. YB and ZC the A learned two days ago that had received appropriates complete Criminal marriage course adultery.her Santos. victims. There is no lewd SUGGESTED ANSWER: there was a boundary dispute between them Simulation ofcorrect? Birth &literally Child Trafficking (2002) her tenant-caretaker Juliana. 40. employing force upon things but also by arising either out of passion or other motive a group of concerned citizens caused to be governed by said Code. instead. rushed out from the of the lecturer. When he and pants was on her way out of the disappearance continued for the next few any killing on the "occasion" of the robbery. During the preliminary investigation and when a person publicly subjects another to Believing SUGGESTED that ANSWER: his marriage to Ramona was an libel and damages on account of his nonSUGGESTED ANSWER: (4%) robbery was merely an afterthought. Joselito contracted a A. is considered than fifteen years having elapsed the a actionable defamatory. and. Ricky. B(2%) is as criminally liable as Acast for the up to the trial proper. 1 The existence of a certain act or result of the couple and B. Among the of robbery crime screaming the of of first the with simulation to killings. It in and his has articulo property lecture. constructive notice which ordinarily applies but not before burning the cottage to hide Rod the store's salesgirl Lucy to of A boxed for Murder. The unwed crime mother still isbe criminally usurpation liable of real for thethe of found indicates theft killing one that and (People of would she the not vs. The following day police prevent her from helping Mang Pandoy. Judge Alfeche. They entered her house by breaking one cannot Yes. Watershed is protected by the cited laws. the in A. He married Caring. remarry No. he scouted executives accidentally and they have to use The brief light from the match allowed him to employing violence against or intimidation of and the touching of her breast as a mere published in the newspapers a full-page Robbery w/ Rape (1999) Family Code. by Manuel and Teofilo who forcibly evicted robbery. Concubinage Stages of (2002) Execution (2000) daughter working in the United States. cruelty or exploitation. But only one Hence. A childless couple. YB and ZC planned to rob Miss Charged with theft. exhibition or cinematographic exhibition. Manuel. and began the seminar. He contended SUGGESTED ANSWER: Unjust Vexation vs. doubt is the must through the pockets of his victims and got whipped out a knife as he announced "HoldIn other words. he is guilty of theft Corpus the crime Delicti (5%) means "the body or discovery on 10 October 1975. instead. But denunciation was made. she returned only two bedroom. 30. Whether CBP for could be held liable for bigamy Robbery but the special complex crime of No. with Family of certain Internal Rule Code.

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

Thereupon. A then issued marked money to B who handed a sachet of shabu to B.RA 3019 (1997) Information Is nevertheless adequate because A is charged with the crime defined in it averred the three (3) elements for the Section 3(e) of the Anti-Graft and Corrupt violation of Section 3(c) of RA. What crime or crimes did Raul commit? Carnapping with homicide under Sec. a suspected drug pusher who is unaware that A is a police officer. For the C.00 instead of the full value of P5. the 1. and within the jurisdiction of this Honorable Court. and him. After C the sachet of shabu to B purpose.000 for his services. the filed Government. Samuel. A is In the case of Meforda vs. (2) that the accused caused undue Injury to B and the Government. Yes. evident bad faith. an anti-narcotic agent of the Government acted as a poseur buyer of shabu and negotiated with B. received only P1. the contention of A is correct. Raul fled SUGGESTED ANSWER: up the payment for B's land which the from the scene taking the motorcycle with Raul committed the composite crime of Government has already appropriated. which driver but for Raul to be able to take the involves a substantially identical information ALTERNATIVE ANSWER: motorcycle. Act. Raul rode on the is no allegation in the information that the sidecar. 183 SCRA 763). the accused employees ofappears. the accused. or gross Inexcusable negligence. which isnot notcorrect. in the City of at the time the commission of the crime. This is a case of entrapment because the criminal mind is in B already Example of Instigation: when A transacted with him. and not to DPWH. One evening. DPWH. A motorcycle is Corrupt Act At most. valid.000. violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act. 14 of that the accused ALTERNATIVE ANSWERS: eventually withheld for |5%] Rep. Pasig 154. as amended. Carnapping Act of 1972'." contending that it does not charge an offense. No the information because Section 3(e) of occasion of a carnapping (People vs. the accused gave B only P1. ie. apparent motive for the killing of the tricycle Sandiganbayan. 6539. Under the facts.00. government corporations included in the definition of a "motor vehicle" should be merely charged administratively charged with the grant of licenses or permits in said Rep.00 of the approved claim of P5. Because the members of an anti-narcotic team are already known to drug pushers. 3012 when it Practices Act in an Information that reads: stated (1) that the accused is a public officer That from 01 to 30 January 1995. was killed brings about the penalty of Supreme Court held that the Information was punished by Section 14 of Rep.000. evident bad faith.. a government corporation. Department of Public Works and the Engineer. also known as the 'Antior other concessions. being then employed in the Office of being employed in the Office of the District District Engineer. 6539. Carnapping w/ Homicide (1998) fixing of the price of the land expropriated. There sidecar.000. and after the claim was approved.Criminal Law Bar Examination Q & A (1994-2006) 79 of 86 Highways and in the discharge of his official administrative functions. A. failed to allege but only an aggravating circumstance. De la violation Act of Section 3(e) of the to Anti-Graft and Republic 3019 applies only officers and Cruz. the team leader. 151 SCRA 399. There is no 2. approached and persuaded B to act as a buyer of shabu and transact with C. the The crime committed by Raul is carnapping. Is he correct? SUGGESTED ANSWER: Example of Entrapment: A. the team closed-in and placed B and C under arrest. thus causing undue injury to B and A has a motion to quash the information. the suspected drug pusher. Yes. et al. A handed gave B marked money to be used and the latter handed the marked money to in buying shabu from C. did then and there willfully and unlawfully work for and facilitate the approval of B's claim for the payment of the price of his land which the government had expropriated. While it is true that the information The killing of Samuel is not a separate crime quoted In the question. Act No. and (3) . The information failed to allege that the undue injury to B and the government was caused by the accused's manifest partiality. It appears that the charge was motorcycle and suddenly stabbed Samuel solely based on the accused having followed several times until he was dead. Afrom is correct in filing motion quash that the killing "in the course or "on the amount of P4. a tricycle driver. The accused is employed in the Office of the Special Penal Laws District Engineer of the DPWH which has nothing to do with the determination and Anti-Carnapping Act. which are necessary elements of the offense charged. A signaled his anti-narcotic team to close-in and arrest B. Act No. gross inexcusable negligence or manifest partiality. poked a knife at Samuel and land was overpriced or that the payment of instructed him to go near the bridge.000 and willfully and unlawfully appropriated for himself the balance of P4. plied his usual and for which expropriated land the route using a Honda motorcycle with a Government is legally obligated to pay. reclusion perpetua to death. B is not criminally liable for his participation in the transaction because he was acting only under instigation by the law enforcers. Raul alighted from the Government. Upon the amount was disadvantageous to the reaching the bridge. said Anti-Graft & Corrupt Practices . of [1990]).000. The fact that the tricycle driver as the Information quoted in the question. with the statement that BT the owner of the land. considering himself the price of a the said to land.

The response was At aboutIn 9 o'clock in the morning. and offered to buy P300 worth of information at they duly identified. his friend. judge. sale. possess the drug in violation of the punish him for carelessness in washing yielded 5 plastic bags of heroin weighing 500 She moved to quash the charge on thewhere the police proceeded to an apartment Dangerous Drugs Act is absent. Lay minutes later and handed Pat. MNA should be liable for authorized to carry hand grenades. R.00 fishing atFebruary T. vendors that they only bought the fish from rites may be performed. Article II marked money was not presented. SUGGESTED ANSWER: Dangerous Drugs Actmeritorious? of 2002. Can Edgardo regardless of the penalty shall not Illegal . vs. this. Buensuceso. the gang certain CEOs of various committed any act. B will not be criminally liable because she vision that could lead to Ong night blindness. Edgardo avail plea-bargaining Upon a laboratory examination of on thepleafish Dangerous Drugs Act (1998) andpenalty bargaining. What offense or offenses did Lay arrested thirty minutes later by other SUGGESTED ANSWER: criminally liable under P. 532. then 20-A. 211. Has touching indicates that she perceived SUGGESTED ANSWER: they implicated Sgt. pursuant Act No. b Sec. and or unlawfully sell for to conduct profit work any forfish and Dangerous Drugs Act. the motion to quash is not meritorious. Quezon City and Bangkal. Is on her motion Reason sleeping the floor. authorities or head ofseparate organizations shall be be subject two (2) informations requisite ofof the crime. time to time. An SPO1 Lorenzo and SPO3 Peralta. When Ronnie handed subject separate informations. after him. not catching such fish. he isby liable for violation of Sec. he trailed teenage girl up to imported drugs physical butimportation also constructive prosecution forthe illegal illegal and of movements of or container the hours LRTpossession station at EDSA-Buendia. freezers. 2(b) of established that only military personnel are longer allowed by Rep. possession of firearm under the new law is arriving on PAL Flight NO. 9165. P. Act No. unmarked car Act. 9165) Any person vans. person to death. She did punish her ward as the elder of A. 11 and 16. aids or protects highway dangerous drug in his possession. in any manner. Later. is initiation SUGGESTED at his of residence. a suspected drug himself meeting bought the the was fish balance arranged fromof a P4. offense as they the ones caught in SUGGESTED ANSWER: (2%) marijuanabefore fruiting tops which he gave However. SPOl to he knowingly Lorenzo "did (Sec. of Illegal Possession of Firearms and NBI team followed Ong and likewise arrested Ammunition. Acting on an information by a tipster. addedaddress. opened the door and White Plains corner EDSA. 532. Chan is not valid by or that he6713 should not be charged as a Ethical principal An entrapment operation was conducted away.dignity Commissioner Torres violated the as cocharged them all. Marked Money worth and dignity of a child as (2000) athe human drugs. Section 20-A expressly provides were caught with the use of explosives. Immediately beside him They brought out the drugs from in No. The policemen saw B placing attention to her adopted child. it was did. On several instances. case of the prosecution. the gang Informs Sgt. because the imposable his seized by the police agents for of the Superintendent Santiago. deeds or words which flight. Sgt.D.PD 704imposable (1996) [2%] SUGGESTED ANSWER: avail Fishing of plea-bargaining? be allowed tocannot avail of the of provision No. MNA was charged of child abuse.A. the trunk and got 3 plastic sacks of heroin. would you consider the crime Yes. who were then positioned behind Commissioner Torres committed her was being debased orany violated. management. Article IIDrugs of RA 9165 During for the the possession of Dangerous trial. and Anti-Highway Robbery Act of 1972. the committed attache him. the group arrested him and seized the Dangerous Drugs (5%) A has long been wanted by the police or of the content of the sachet handed to the case. PNP Chief unaware that A was a drug user or pusher or SUGGESTED ANSWER: resulting in his head injuries and impaired allowed only if inside the unlicensed firearm was Inspector Samuel Gamboa formed a group of that what was the sachet given to her No. For his criminal participation the prohibited drugs in an information filed with offense asofitthe is highjacking prohibited under law. Ong Co. (5%) authorities discovered that A was not a heroin. Chan who then prompt and overwhelming so much soacts that Group laid a plan to entrap and apprehend provides criminal liability for other of inspects the pilfered goods. the SUGGESTED Yes. Edgardo was charged with importation not of No. closed in but evidently were impropriety or irregularity? What laws or not following: principals. Article II of Republic office. Pinpin boat x14. case to by Immigration holding area. known the SUGGESTED ANSWER: a) Are the charges proper? indirectly abets the commission of highway 11. willfully were deal as amended). reclusion under perpetua to provision death. hence criminal Section 2 of Rep. Also. RA 7610 (2004) The public school teacher committed only initiation rites. Chan and the fiscal Obie Juan is suspected to have in his contention of Sgt. robbery/brigandage. them with rice cookers. is she nonetheless liable under Illegal Possession ofA Firearms Ammunitions (2000) is unaware that was a& drug user or pusher accused. a Narcom being. Revised Penal occasion. was not of yet delivered. was the sachet inside herA handbag. Chan. Prior to their sale to "fences" in her office Christmas party. He was subsequently violation of Section 4. is a is co-principal by June 4. If using his misappropriation or failure to account for the Ownership is not an essential element of the the Theft and Robbery Division of the high-powered binoculars to peep at his confiscated or seized dangerous drugs. claimed methamphetamine hydrochloride or “shabu”. The written notice shall indicate times and in different places. notice to the school of dried marijuana fruiting tops. She screamed and shouted for Commissioner Marian Torres the of ALTERNATIVE ANSWER: With respect to Dante Ong. 3(ee) for their acts ammunition. including Sgt. During trial. makes his choice Commissioner Torres' office was overcrowded A. his Sec. would you convict the three fish if I were the judge. Chief Inspector drug pusher under the Comprehensive for naughtiness or carelessness. silly. as well the mobile police patrols. transaction. and for 7[d]). by allowing Ong toactual escape or less familiar with thea schedules. of a child be "habitual" to constitute child Should the Judge allow MNO's plea to the hand grenade. relation thereto. the Ong left with the 2 remaining plastic sacks of SUGGESTED ANSWER: abuse. radio sets.D. Although the do menial. the Chief Judge Inspector should not Gamboa allow MNO's advised plea him to Abuse" under Rep. Are the years.D. marijuana fruiting tops and marijuana unlicensed firearm. If ever. where vans. Upon seeing CHILD ABUSE. From placed his hand on her left hip and gently PD 46 U. At the appointed other conditions prejudicial to the electric child's through histoasters. any functions. No. be connected with the vendors? Explain. information about theofmovement ofanother police positive the subsequently use marijuana. and (c) an drugs is committed as d'etat regards the marijuana participated in a using an when they met a coup group of policemen who exceeding three knowledge thereof. taken by brigands. The bill reaction of Athe victim. Is the tea bag of marijuana leaves. a notorious drug smuggler. operations. prosecutions Unknown of to drug-related them. While possession where the firearm and explosive transportation of dangerous drugs. Criminal to Posses (2002) such Possession rites. the violation of the Al Dangerous Drugs Act Fisheries Commission. PR 181. if PR 181 par. A was arrested in Standards for Public Officials and Employees tenable because by express provision of P. had been following them and witnessed the SUGGESTED ANSWER: the said Law. Their the and three informant unlawfully vendors contacted claimed appropriate Lay that and for they a 2:00 in the afternoon on 1993. perfected of sale of the drug (People An accessory after the fact involves himself in Obie Juan offers to plead guilty a vs. who is sister 30 years old. 4 of in illegal relation to Sec. 233 SCRA they are also liable for qualified bribery processing zones outside Metro Manila. She policemen that A was always armed.S.A. Chief of(R. felt that his retirement at the age of case allegations are liable meritorious? for the following Explain. 241 SCRA 625). acting as pusher. Tondo. instructed in.38 plea-bargaining caliber a lesser offense. RA. (2%) No. No. SPO3 there Peralta No. Mrs. and the accused had subjected to such activities. an NBI cases team is of no agents or not": this is expressly stated in Sec. and dangerous the drug ofbecause the transaction is principal participant in the commission of the 9165) presented before the court. 932 grams of marijuana Narcotics Command of the Police. child abuse. Diego Chan. 8049 (Anti-Hazing drugs is committed as regards the 10 sticks Pat. gave the poseur-buyer one for (1) several envelopes containing money then with screaming for help upon thecash occurrence of Dangerous and arrested. the contention of Sgt. One day. Plea Bargaining (1998) lesser offense. is an container vans. (5%) was a clutch bag which. 27 for in his A's allegations are not meritorious. and therefore criminal intent to come home on timethe from school. a and person who and the discovery of 100 grams of the said that during the theknowingly police officers officials and employees to receive. who conspired of the inimposable taking the penalty.buy-bust Consummation of Sale (1996) facilitate surveillance which have the been and approval illegally of his caught. in his defense. He were not able toto seize the marked money was but private persons give. 7610. The tipster also warned the be no basis to impute criminal liability to her without supper. through a child abuse.of he isBureau guilty of 110 Phil. Upon same were caught with the use of explosives or applicant in some embarrassing or was fruiting tops and 50 sticks of marijuana seeing the latter. as ANSWER: defined by law. Meanwhile. 8294). 6425.D. 211-A of the Revised Penal Code. 4. need not The employ prosecution or use the very poseur-buyers. of sale of a prohibited drug already consummated although the marked money dangerous drugs which should be made What does the law require before dealing in or selling of such fish only when consummated? Explain. Chan valid and tenable? the team. that plea-bargaining shall not be allowed Accordingly. Restaurant which x x". Can A be No. the marked renders their possession of such fish innocent given seven (7) days before conduct of because acts were committed at different money isthe only evidentiary to the strengthen the unless the prosecution could prove that they Illegal of Firearms –Intent RA 8294 (1998) Dangerous Drugs Act. Juan. (See s. own sources or "fences". Peopletovs. used to whip him when he failed to attache case. ascending the as stairs. the sale of prohibited drug is already of dangerous drugs and illegal possession of prohibitum. What the law requires is merely South Harbor. shall be absence considered as “shabu” and violation of Section 15. 23 Phil. RA 7610 (2006) that Chief the he Inspector was not Gamboa in actual Dangerous and possession PO3 Drugs Pepito thereof Act of Eduardo Quintos. under Art. Acharged. the commission of a crime only after the Dangerous Drugs Act (6425). Found were 356 sorority grams of whom Ronnie knew tofraternity. & RA 6713 & Indirect Bribery (2006) 716. Indirect Bribery (Art. was charged as a driver's negligence. a long suspected drug dealer. 6425. degrades or demeans the intrinsic 9165 for illegal transportation of dangerous vans.D. SUGGESTED ANSWER: crime had already been consummated. After verification. Act No. using the crime correct? (5%) Chamber of Commerce and Industry and to of Section 3flight. b) crime possession of assigned firearms and Western Police District and to the neighbor's homes and domestic activities. which includes not only In addition. Chan that he committed when Obie as Juan was also found prosecution's evidence long asrules the sale of punished in accordance with the in the should be only as accessory after to have in charged his possession such quantity of the dangerous drugs is adequately proven Revised Penal Code. A was charged with theanother crime Gamboa and PO3 Lorbes. They arrested Chief Inspector Subsequently. Ronnie then left. Yes. Act No.Criminal Law Bar Examination Q & A (1994-2006) 80 of 86 81 82 83 Child Comprehensive Abuse. undertaking that tipped no physical violence shall seeds. Themoney use of dangerous drugs isin not ALTERNATIVE ANSWER: marked will not create a hiatus the accomplice of the the principal offenders and of RA 9165 for use of marijuana. as amended) is reclusion perpetua determined that the fish they were selling received information that a certain Lee Lay to death. is not necessary that movant's maltreatment offense concerning use paltik of dangerous drugs. When arrived at the was shabu. anti-drug agents. being anot member of favorite pastime — voyeurism. that the a accident was caused by her given lady who introduced On the way to Camp Crame and upon herself nearing MNO. (5%) thick leaves. the rite basis the above facts. it was indubitably Narcotics Division. 704. Ronnie ran away but does not by itself render the seller-possessor humiliating situations such as forcing him to cigarettes. There was a b) So and as contract not to be sentenced to death. Buensuceso was them able to possession of thePat. During premildly. 245 SCRA 733. home whichpaltik the latter maltreatment of the "whether habitual revolver. The claim by the fish Law) requires that before hazing or Payment initiation of marijuana and as regards the one (1) kilo sale. deliver the marked money toan Ronnie. contained a . Obie Juan cannot plead guilty to a in lower before. for the What agreed is to hazing sell towere them as defined one kilo by of law? dried an aluminum foil containing the shabu. 9165. De Grecia. A canANSWER: be held Act. the fact is notsubject tenable he RA. If B for was was accidentally bumped by her car. Section 4. foolish and similar tasks or commit? [5%] policemen who the pursued him. Makati Bureau's official stationery. was privy to and more second choice was of toDante follow sweet as protector/coddler Ong who young possession. hijacked and pilfered the contents the corporations requesting donations of gifts for debases. trial. Mere possession of such into membership in a or was conducted. operations claim During xxx against and the Pat. As for the hand grenade. 1994. posing as a buyer. gifts on giving any robbers/brigands. When B. The wrongful acts penalized as "Child lesser offense? Explain briefly. RA. or for of the valuable items and disposes of time. purchased from Lay 10 sticks shabu. (b) the of those to be The crime of Illegal possession of dangerous Supposing a public teacher A and his fiancee B school were walking in the plaza (a) the period of names the initiation activities. Buensuceso use words should nevertheless or language be of held similar liable import. There would dishes. that Ifrefers to ischild abuse international PR 181 a domestic the said information as multinational their basis. "willfully Lay. It trial. The members of the employees' Christmas luncheon. Soyag. Eduardo was arrested and charged with internal Revenue (BIR) wrote solicitation The crime should be Other Acts of Child illegal importation of dangerous drugs under interested in those shipments in said acts ofaddressed lasciviousness. A was prosecuted for Code) forfor receiving gifts offered by reason of officers or acquires or receives property dangerous drug. It appears 2. 565). came back five words or however claimed language that of the the statute. maintained that him. fish without knowledge of the fact that the organization by placing the recruit. 9165: a) Sec. Manila. (People us. resulting in his arrest following connection with another incident. Inspector Gamboa the ground that there is no evidence she A was often seen. 46 — Making it accept punishable for public when he solicited gifts (Sec. At the in the absence animus possidendi. when he (Rep. 7610 refers to the licensed holder of the . of 5. No. — Code Conduct and No. She used Dangerous Drugs Act (6425). Upon inspection inside the her authorities for various crimes by A. liable. Section 10 City. information on these matters to a group help. the three vendors were where the charged imposable criminally with the violation of Section that Manila penalty in the is for a33 discharge member the ofviolation P. What crime orwas crimes had earlier been off that A in did SUGGESTED ANSWER: be commit? employed by anybody during such cigarettes which are not the subject of the he [2%] possession of prohibited drugs. SUGGESTED ANSWER: Sgt. approached Ronnie. Can he do so? Why? Zervoulakos. the crime was consummated. but only let the policemen in inside. A poseur-buyer marked P100 was handed over to A stoves and Her staff also received the approached who was development. swift enough since Aof and B were able to run decrees did she violate? (5%) 1.38Ong caliber revolver and a They then told to alight from the car.000. otherwise known as the Anti-Piracy who in turn. initiation rites may be performed? (3%) "knowingly" done that the fish were caught SUGGESTED ANSWER: The crime of illegal selling of dangerous the aluminum foil containing the shabu to with the use of explosives.of Under the Lay committed offenses illegal selling SUGGESTED ANSWER: act penalized in said Decree may be a malum activities or otherwise subjecting him to circumstances. driven by PO3 Pepito Dangerous Drugs Plea-Bargaining (2004) Lorbes. Western Police District. Police Sgt. when opened. because in to keep silent and gochild. Two days later. a widower for the past 10 Lorbes 2002. attache case and boarded him in an maltreated her of adopted child habitually. which should the consideration is not an element of fishing boats which they "duly identified". All of them were later What are the bag containing the unlicensed firearm their respective criminal liabilities? (5%) and hand grenade belonged to A. On the Hazing. or Violation who directly or charged with two otherwise crimes: of as Section Act No. (5%) held liable? Explain. cruelty or exploitation. crime in pursuing the criminal design. BPO. Chan The offense punishable by charged any of this Act indispensable cooperation. he stayed one step are subject to one's control and the penalty is life imprisonment death.A. No. the team found A Gamboa ordered PO3 Lorbes to stop the car. execution of the the container the Regional Trial Court of Kalookan City on (Section 23. including Christmas. crimes (3%) SUGGESTED ANSWER: Highway Robbery (2001) 70 gave him the opportunity to engage defined under RA. Drug Act: upon Plea-Bargaining custodial (2005) investigation. three vendors It may also Anti-Hazing law – RA 8049 (2002) of marijuana and paid P500. from the pier area to moment the different export behind her and in a ofto bravado. It His coup d'etat his participation therein. amount Chan possession an unspecified of Explain. the contention of Sgt. he gave valuable and detailed massaged it. Another information shall filed for the policemen and sensing thatbe they were Mrs. 8 Tindalo Street. 6425. prosecution illegal Dante Ong. such as them subjected to a drug test and was found were able to get possession of the marijuana 3. according toAct? the social worker on his airport. neophyte marijuana seeds. tea bag. telling her to failed hide in it in give immediately the required medical the coup d'etat under the new firearms law After receiving reliable information that her handbag. possess. and . Ipolicemen would as not convict the three fish vendors or practice aarrested prerequisite for admission The Lay and a search latter spotted a policeman at a distance. fish illegally caught. 105: People vs. the designation of letters to the Filipino-Chinese Abuse under Section 10Is of RA. the highjackers were traced on one occasion P. A for handed a sachet containing appears from the evidence that she to use of to an unlicensed firearm is absorbed Dangerous Drugs Act (2006) shabu his fiancee B. Chief she sometimes sent him took to bed grams. routes girls. The not used in the commission of another crime. "buy-bust" operation. The of the Explain. but only as an accessory after the fact under police officers.of 704 of the A's of which 14K said official Gang makes law isselling it administrative shabu reclusion unlawful and for perpetua marijuana. he offered to plead guilty to the the case lesser briefly. attache at the regardless time he was arrested. Buensuceso to their agreed intent is essential. Banawe. RA. have knowledge that explosives were used in (3) days. physical or psychological suffering or injury. of-No. if you were the No. was a any drug. and and R. the law punishes the possession.

Criminal Law Bar Examination Q & A (1994-2006) 84 of 86 PD 46 (1997) A.00. Due to his influence and connections and despite knowledge by the (20) years from his defeat in the last authorities of his Ill-gotten wealth. Gerry reasonably expects future favor from Gino. the Anti-Graft and Corrupt Practices Act. 9287) The mayor who allowed the opening of an account in his name is likewise guilty for violation of the AMLA. From this account. acquired assets amounting to P10 billion which is grossly disproportionate to his lawful income. In addition. repairing schools and for all other municipal projects. Ra 3019. consisting of big basket of assorted canned goods and bottles of expensive wines. Andy. percentages or commissions and other fraudulent schemes /conveyances and taking advantage of his position.A. 9160) for knowingly as property which involves or relates to the proceeds of an unlawful activity such as jueteng. performs or fails to perform any act which results in the facilitation of money laundering. R. In addition. 4. who is the private complainant in a murder case pending before a Regional Trial Court Judge. he may be prosecuted for liability as ajueteng operator. What are the offense or offenses committed SUGGESTED ANSWER: by Gino and Gerry? Both Gino and Gerry are liable for violation of Presidential Decree No. the bulk of which is in the name of his wife and children? Reason SUGGESTED ANSWER: out. Gino was appointed Collector of Customs and was assigned at the Ninoy Aquino International Airport.000. gave a judge a Christmas gift. Just after arraignment and even before evidence was presented.00 to P1 Million. 2) Yes. and (2) there must be a determination of a valid information against PD 46 (1994) the accused that warrants his suspension. He. laches or estoppel. the Judge will be liable for the violation of P.A. knowing that the money instrument or property involves the proceeds of an unlawful activity. an importer. It was subsequently discovered that Don Gabito was actually a jueteng operator and the amounts he deposited were proceeds from his jueteng operations. No. hosted a dinner for 100 persons at the Westin Philippine Plaza in honor of Gino. which punishes any public official or employee who receives.A. if any. Preventive Suspension (1999) A public officer was accused before the Sandiganbayan of a violation of Section 3 (e) of RA No. I will not sustain the objection of the accused. What crime or SUGGESTED ANSWER: crimes. Gerry.000. 3019. easily worth P10. 9160 Anti-Money Laundering Act (2005) Don Gabito. are: (1) there must be proper notice requiring the accused to show cause at a specific date of hearing why he should not be ordered suspended from office pursuant to RA 3019. or the giver hopes or expects to receive a favor or better treatment in the future. because Section 6 provides that recovery of properties unlawfully acquired by public officers from them or their nominees or transferees shall not be barred by prescription. the Sandiganbayan issued an order for his suspension pendente lite. No. a philanthropist. directly or indirectly. present or valuable thing on any occasion. (R. Through kickbacks. the Mayor withdrew and used the money for constructing feeder roads. barangay clinics. . Ex-post facto law means making an (c) The pre-conditions necessary to be met or innocent act a crime before it is made satisfied before a suspension may be ordered punishable. 46 which punishes the receiving of gifts by pubic officials and employees on occasions like Plunder under RA 7080. Will you sustain met or satisfied before preventive the objection of the accused? Why? [2%] suspension may be ordered? (2%) SUGGESTED ANSWER: (b) No. offered to fund several projects of the Mayor. Suspension of the accused pendente lite is not violative of the constitutional provision against ex-post facto law. The accused questioned the said Order contending that it is violative of the constitutional provision (c) What pre-conditions necessary to be against an ex post facto are law.D. 1) Andy will not be criminally liable because Section 6 of RA 7080 provides that the crime punishable under this Act shall prescribe in twenty years and the problem asked whether Andy can still be charged with the crime of plunder after 20 years. Included within the prohibition is the throwing of parties or entertainment in honor of the official or employee or of his immediate relatives. he was elections he participated in. 211 of the Revised Penal Code. a former mayor of a suburban town. What SUGGESTED ANSWER: crime/s committed? Who areAct criminally Don Gabitowere violated the Anti-Money Laundering (Sec. (6%) transacting money R. when such gift or valuable thing is given by reason of his official position. The judge accepted the gift knowing it came from A. regardless of whether or not the same is for past favor or favors. including Christmas. and for private persons who give. The gift was offered to the Judge by reason of his office. Being an importer. 46. were committed? The Judge committed the crime of Indirect bribery under Art. No. He opened an account in the Mayor’s name and regularly deposited various amounts ranging from P500. Prescriptive Period (1993) Christmas. as amended. 1) May Andy still charged with the crime of plunder only after be held criminally liable? Why? 2) Can the twenty State still recover the properties and assets that he illegally acquired. offer any gift. liable? Explain.

Act. He also be liable as an employer such act of receivingof a valuable gift is 15 yrs. Robert took his oath before the President and after furnishing the Department of Foreign Affairs with his appointment papers. She collected and received from them various amounts of RA 3019. Theof may be prosecuted under Rep. the Office ofworkers the Special SUGGESTED ANSWER: employment abroad. The complaint will not prosper because the as required by the Code of Conduct and Ethical Code of Conduct and Ethical Standards for Standards for Public Officials and Employees. commit and a crime? (2. After the President had taken his oath and assumed his office. shall. and (3) falling to divest his shares and investments in SUGGESTED ANSWER: the banks and corporations owned by him. (5%) Anti-Graft Law. violation of Overseas Section 3 Employment (h) of Republic Act 3019 There they found out that RR was not [Anti-Graft and Corrupt Practices Act) before authorized nor licensed to recruit for the Sandiganbayan. 3019 laborer because he is a "public officer" farm (Art. BB. No.279 SCRA 581 (1997). asking prevent the accused from hampering the for P2. under which Code). yet his act of Yes. 8A and 9). CC and DD that she could send them to London to work there as sales ladies and waitresses. and from resigning and divesting ALTERNATIVE themselves ANSWER: of interest from any private Yes. his will. It applies to all public Aling Maria that she does not have to pay the Indicted upon a valid information under RA. theout accused the illegal public transaction. The Central Bank (Bangko ng as maid when he brought Annie to Sentral his house insisted and brought Annie to his house to Sandiganbayan. Officer committed (2003) 1. Revised violation ofcan Pres. 273. Public Officials and Employees (Rep. If under Aling Maria herself was made to work as punished. now Ho Chi Min City. Rep. her eldest son. Sec. Preventive money for recruitment Suspension and (2000) placement fees totalling their dates A monthP400. 6713). Is RR guilty of any offense? Pendente Lite pursuant to grave Section 13 of the engaged in illegal recruitment constituting Explain briefly. he returned to the Philippines to make his report to the President. as household servant or case. an3019 ascendant. (5%) persons conspire or three or more . 8 of RA. the PNB. from office while the criminal prosecution is RA 7610 – Child Exploitation pending in court (Sec. the RS Builders Corporation and Trans-Pacific Air. Neither is borrowed money her compadre there merit in Bradfrom Kit's claim that the Mang Juan with on the assurancependente to pay him 2 provision suspension litewithin applies months. the Rural Bank of Caloocan City and his privatelyowned corporation.000. Two months lapsed but Maria only to elective officials and not toAling appointed failed to settle her obligation. 7610. Violations of this law are mala RA 7438-Economic Illegal prohibita whichSabotage. (2004) RR represented to AA. one another Under in the carrying law. having no avail.Criminal Law Examination Q & A (1994-2006) Criminal Law Bar Examination Q &Bar A (1994-2006) 86 of 86 85 of 86 cooperate be presumed with innocent. and Theof received the valuable gift from a bank which is under investigation by the Central Bank where he is employed as a "public officer". in his official capacity in the investigation of the order to require or enforce the payment of a bank which gave the gift. May be prosecuted under incurred by No. exploitation of child labor which Theof later receives a valuable gift from a is committed any persons who under the bank under by investigation by the Central pretext of Theof reimbursing himself of a debt Bank. officers scheme shall be or suspended activity.00 a month. as amended]. or of asBrad a group. 7 enterprise (Secs. In any Yes. fees preparatory to his final exams in Sandiganbayan.00. Receiving gift. The Court granted the motion the offense of economic sabotage which is and suspended accused Brad Kit for a punishable with life imprisonment and a period fine of 90 days. Art. Authority). 3019. they appointive or old daughter Annie to work as a housemaid in his elective officials. SUGGESTED ANSWER: board. against latter's will. hires Theof Sto Tomas. Pilipinas}. (2006) 13. RA.000. detailed sworn statement of assets and liabilities. Robert Sy. Mang officials Juan told ones like him. guardian or Republic Act (Anti-Graft and SUGGESTED ANSWER: with the custody of a person entrusted Corrupt Practices Act) for accepting such a No. WasPublic a crime by Mang Juan Despite Aling Maria's objection. Decree No. the Anti-Graft League of the Philippines filed a complaint against Robert for (1) falling to file his Statement of Assets and Liabilities within thirty (30) days from assumption of office.000.against Theof is administratively liable. It is in a large SUGGESTED ANSWER: this suspension provision of the law on suspension scale when there are three or more The order does not partake of a pendente lite only to elective officials aggrieved parties. 8% Act in 3019. she vs. it partakes of a penalty in 38(b) of the Labor as amended by before Judgment of conviction is reached and Pres. after theAfter arraignment ofof Brad Kit departure wereof postponed several times. 46. 274. Commissioner the Housing and Land the Use four prospects got suspicious and went to with Regulatory Board. Mang Juan the to crime receiving such gift committed does not appear be of involuntary servitude for rendering services included among the punishable acts under under compulsion of debts. expressly exempts those who(5%) serve the Government in an honorary capacity from filing Statements of Assets and Liabilities. a well known businessman and a founding member of the Makati Business Club. Act No. may be prosecuted for Penal im his but service (Art. a retired loan? (2. where he organized his staff. Mang Juan committed the crime of manager of a leading bank as a consultant. He also claimed that large scale or by a syndicate. Act him. shall compel the debtor to work for strictly construed against the State. which requires all public officers within 30 days from assuming public office to file a true. directly or indirectly by a public officer from a party who has a transaction with the Government is wrong.5%) Yes. 2018. by a resolution the monetary for the purpose of repaying her mother's work as a maid. Act 3019 since and he is payment not to intervene in This is committed by any person who. for the employment a minor below 2. Mang Juan noncareer service (Segovia vs. 3019. admits of no Recruitment excuses.5%) SUGGESTED ANSWER: Practices Act (RA 3019). retainh gift? Explain. which is incurred is thus violative of his constitutional right when the illegal recruitment is carried out in to be presumed innocent. constitutional validity of the suspension order ECONOMIC SABOTAGE is an offense defined on the ground that Code. penalty and is applies thusindividually not violative Kit's and it not appointed like him. Coverage (2001) is connected. Rule with And is to committed byones a syndicate when constitutional right to reasons. loan if shewhether will allow her be youngest 10-year No. However. 288 SCRAof 328 [1998]). Such Aling Maria suspension received an telephone call preventive isurgent mandatory to from Junior. Accused assailed the of P100. Revised Penal within Code) the purview of said law. They sought refund to Prosecutor filed a Motion to Suspend Accused Yes. he appointed Robert as Honorary Consul to the Republic of Vietnam. minor. 3019). put up an office and stayed there for three months attending to trade opportunities and relations with local businessman. the complaint will prosper under Sec. Will the complaint prosper? Explain. (2) failing to resign from his businesses. or permanent or temporary house for 2or months at to Pl. had Investments consisting of shares of stocks in the Urban Bank. On the fourth month. of the Anti-Graft and Corrupt Practices Act (Rep. aside from being a classmate of the newly-elected President of the Philippines. employees. flew to Saigon. RR is guilty of a grave offense.000. pertaining the career or RA 3019. Distressed and disturbed. Escareal 226 SCRA 332 (1993)). old. more so when the giftgiver is under investigation by the government office to which the public officer Ra 6713. Decree No. who was charged POEA (Phil.00 to complete his semestral tuition normal course of the investigation (Rios vs. Although Theof is Mang a "public officer" within the a housemaid in Juan's household to application of did thehe Anti-Graft Corrupt pay her loan. Penal laws must be ALTERNATIVE ANSWER debt. Theof may not bethe prosecuted under Rep. 12. Bunye Commerce.

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