2015 BAR EXAMS

1.
a.) How are felonies committed? Explain Each. (3%)

Felonies are committed not only by means of deceit (dolo) but also by means of fault
(culpa). There is deceit when the act is performed with deliberate intent; and there
is fault when the wrongful act results from imprudence, negligence, lack of foresight,
or lack of skill. (Article 4, RPC)

b.) what is abberatio ictus? (2%)

Abberatio ictus means mistake of blow. Under the principle of aberration ictus,
person is criminally responsible for committing an intentional felony although the
consequent victim is different from that intended due to mistake of blow. This
principle is based on the rule in Article 4 of the RPC, which provides that criminal
liability shall be incurred by any person committing a felony (delito) although the
wrongful act done be different from that which he intended.

2. Distinguish between ex post facto law and bill of attainder. (3%)

Ex post facto is any law which makes an innocent act a crime after the act was
committed. In Latin phrase which means from something done afterwards. It
could also be a law which aggravates a crime, or makes it greater than when it was
committed, or which changes the punishment and inflicts a greater penalty than the
law governing the crime when committed.

A bill of attainder is a law which inflicts punishment on a named individual or group

of individuals without judicial trial.

Ex post facto law pertains to the act while a bill of attainder pertains to a named
individual or to members of a group.