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CRIMINAL LAW

BAR
Q&A
Researched and Compiled by:

CRIMINAL LAW SUBJECT


Bar Operation

Subject Head:
Cacho, Teodorico Jr. Q.

Vice Subject Head:


Reduca, Christian Philip M.

Members:
Ablog, Maychelle S.
Acay, Jodea Brendalyn R.
Adube, Marnelli G.
Antonio, Evangeline B.
Bides, Redwin B.
Cruz, Novy Marie S.
Pingawan, Carter S.
Villacorta, Jose V.
Criminal Law Bar Examination Q & A (1994-2006)
GENERAL PRINCIPLES
General Principles; Schools of thought in Criminal
Law (1996)
1} What are the different schools of thought
or theories in Criminal Law and describe
each briefly. 2) To what theory does our
SUGGESTED ANSWER:
Revised Penal Code belong?
1 There are two schools of thought in
Criminal Law, and these are (a) the CLASSICAL
THEORY, which simply means that the basis of
criminal liabilities is human free will, and the
purpose of the penalty is retribution which must
be proportional to the gravity of the offense; and
(b) the POSITIVIST THEORY, which considers man
as a social being and his acts are attributable not
just to his will but to other forces of society. As
such, punishment is not the solution, as he is not
entirely to be blamed; law and jurisprudence
should not be the yardstick in the imposition of
sanction, instead the underlying reasons would be
inquired into.
2 We follow the classical school of thought
although some provisions of eminently positivist in
tendencies, like punishment of impossible crime,
Juvenile circumstances, are incorporated in our
Code.
10
the86
Yes, the Motion to Quashof Information
should be granted. The Philippine court has
no jurisdiction over the crime committed
since it was committed on the high seas or
outside of Philippine territory and on board
a vessel not registered or licensed in the
Philippines (US vs. Fowler, 1 Phil 614)
It is the registration of the vessel in
accordance with the laws of the Philippines,
not the citizenship of her owner, which
makes it a Philippine ship. The vessel being
registered in Panama, the laws of Panama
govern while it is in the high seas.
Use of Aliases; When Allowed
(2006)
When can a Filipino citizen residing in this
country use an alias legally? Give 3
instances. ANSWER:
SUGGESTED (2.5%)
1 Pseudonym for literary purposes.
2 Use of aliases in cinema and television
entertainment.
3 In athletics and sports activities (RA.
6085).
4 Under the witness protection program
a person may adopt a different identity (RA.
6981).
5 When he has been baptized or
customarily known by such alias.
6 When authorized by a competent court
General Principles; Territoriality (CA. No. 142, as amended by RA. 6085).
(1994)
Abe, married to Liza, contracted another 7 When properly indicated in a
marriage with Connie in Singapore. Certificate of Candidacy (Omnibus Election
Thereafter, Abe and Connie returned to the Code).
Philippines and lived as husband and wife in
the hometown of Abe in Calamba, Laguna. 1)
SUGGESTED
Can Abe be ANSWER:
prosecuted for bigamy?
1) No, Abe may not be prosecuted for bigamy
since the bigamous marriage was contracted
or solemnized in Singapore, hence such
violation is not one of those where the
Revised Penal Code, under Art. 2 thereof,
may be applied extraterritorially. The general
rule on territoriality of criminal law governs
General Principles; Territoriality; Jurisdiction
the situation.
over Vessel (2000)
After drinking one (1) case of San Miguel
beer and taking two plates of "pulutan",
Binoy, a Filipino seaman, stabbed to death
Sio My, a Singaporean seaman, aboard M/V
"Princess of the Pacific", an overseas vessel
which was sailing in the South China Sea.
The vessel, although Panamanian registered,
is owned by Lucio Sy, a rich Filipino
businessman. When M/V "Princess of the
Pacific" reached a Philippine Port at Cebu
City, the Captain of the vessel turned over
the assailant Binoy to the Philippine
authorities. An information for homicide was
filed against Binoy in the Regional Trial
SUGGESTED ANSWER:
Court of Cebu City. He moved to quash the
information for lack of jurisdiction. If you
were the Judge, will you grant the motion?
Why? (5%)
FELONIES
Conspiracy
(1997)
A had a grudge against F. Deciding to kill F,
A and his friends, B, C, and D, armed
themselves with knives and proceeded to the
house of F, taking a taxicab for the purpose.
About 20 meters from their destination, the
group alighted and after instructing E, the
driver, to wait, traveled on foot to the house
of F. B positioned himself at a distance as
the group's lookout. C and D stood guard
outside the house. Before A could enter the
house, D left the scene without the
knowledge of the others. A stealthily entered
the house and stabbed F. F ran to the street
but was blocked by C, forcing him to flee
towards another direction. Immediately after
A had stabbed F, A also stabbed G who was
visiting F. Thereafter, A exiled from the
house and,ANSWER:
SUGGESTED together with B and C, returned
to
A alone shouldtaxicab
the waiting be heldand motored
liable for theaway.
deathG
died. F survived. Who are liable for the
of G. The object of the conspiracy of A. B, C,
death
and D ofwasG and the
to kill F physical injuries
only. Since of F?D
B, C, and
did not know of the stabbing of G by A, they
cannot be held criminally therefor. E, the
driver, cannot be also held liable for the
death of G since the former was completely
unaware of said killing.
Criminal Law Bar Ex
amination Q & A (1994-2006)
11 of 86
For the physical injuries of F, A, B and C. Arturo, being one of the two who devised the
should be held liable therefore. Even if it was plan to murder Joel, thereby becomes a co-
only A who actually stabbed and caused principal by direct conspiracy. What is
physical injuries to G, B and C are needed only is an overt act and both will
nonetheless liable for conspiring with A and incur criminal liability. Arturo's liability as a
for contributing positive acts which led to conspirator arose from his participation in
the realization of a common criminal intent. jointly devising the criminal plan with Juan,
B positioned himself as a lookout, while C to kill Jose. And it was pursuant to that
blocked F's escape. D, however, although conspiracy that Juan killed Joel. The
part of the conspiracy, cannot be held liable conspiracy here is actual, not by inference
because he left the scene before A could only. The overt act was done pursuant to that
enter the house where the stabbing conspiracy whereof Arturo is co-conspirator.
occurred. Although he was earlier part of the There being a conspiracy, the act of one is
conspiracy, he did not personally participate the act of all. Arturo, therefore, should be
in the execution of the crime by acts which liable as a co-conspirator but the penalty on
In the same breath, E, the driver, cannot be
directly tended toward the same end (People him may be that of an accomplice only
also held liable for the infliction of physical
vs. Tomoro, et al 44 Phil. 38), (People vs. ANSWER:
Nierra, 96 SCRA 1; People us.
injuries upon F because there is no showing ALTERNATIVE
Medrano,
Arturo 114liable
is not SCRA 335) because
because he washe notwas
able
that he had knowledge of the plan to kill F.
notparticipate
to able to actually
in theparticipate in the
killing of Joel.
Conspiracy; Avoidance of Greater Evil shooting of Joel,
Conspiracy itselfhaving been apprehended
is not punishable unless
(2004)
BB and CC, both armed with knives, before
expresslyreaching
provided thebyplace
law where
and thisthe
is crime
not
attacked FT. The victim's son, ST, upon was committed.
true in the case of Murder. A co-conspirator
seeing the attack, drew his gun but was must perform an overt act pursuant to the
prevented from shooting the attackers by Conspiracy;
conspiracy. Common Felonious Purpose
AA, who grappled with him for possession of (1994)
At about 9:30 in the evening, while Dino and
the gun. FT died from knife wounds. AA, BB Raffy were walking along Padre Faura
and CC were charged with murder. Street, Manila. Johnny hit them with a rock
In his defense, AA invoked the justifying injuring Dino at the back. Raffy approached
circumstance of avoidance of greater evil or Dino, but suddenly, Bobby, Steve, Danny and
injury, contending that by preventing ST Nonoy surrounded the duo. Then Bobby
from shooting BB and CC, he merely avoided stabbed Dino. Steve, Danny, Nonoy and
a greater evil. Will AA's defense prosper? Johnny kept on hitting Dino and Raffy with
SUGGESTED ANSWER:
Reason briefly. (5%) rocks. As a result. Dino died, Bobby, Steve,
No, AA's defense will not prosper because Danny, Nonoy and Johnny were charged with
obviously there was a conspiracy among BB, SUGGESTED ANSWER:
homicide. Is there conspiracy in this case?
CC and AA, such that the principle that Yes, there is conspiracy among the offenders,
when there is a conspiracy, the act of one is as manifested by their concerted actions
the act of all, shall govern. The act of ST, the against the victims, demonstrating a
victim's son, appears to be a legitimate common felonious purpose of assaulting the
defense of relatives; hence, justified as a victims. The existence of the conspiracy can
defense of his father against the unlawful be inferred or deduced from the manner the
aggression by BB and CC. ST's act to defend offenders acted in commonly attacking Dino
his father's life, cannot be regarded as an and Raffy with rocks, thereby demonstrating
What AA did was
evil inasmuch as itto
is,stop a lawful
in the eyes ofdefense,
the law, a unity of criminal design to inflict harm on
not greater Conspiracy; Complex Crime with Rape
a lawful act.evil, to allow BB and CC achieve their victims.
(1996)
their criminal objective of stabbing FT. Jose, Domingo, Manolo, and Fernando,
armed with bolos, at about one o'clock in the
Conspiracy; Co-Conspirator morning, robbed a house at a desolate place
(1998)
Juan and Arturo devised a plan to murder where Danilo, his wife, and three daughters
Joel. In a narrow alley near Joel's house, were living. While the four were in the
Juan will hide behind the big lamppost and process of ransacking Danilo's house,
shoot Joel when the latter passes through on Fernando, noticing that one of Danilo's
his way to work. Arturo will come from the daughters was trying to get away, ran after
other end of the alley and simultaneously her and finally caught up with her in a
shoot Joel from behind. On the appointed thicket somewhat distant from the house.
day, Arturo was apprehended by the Fernando, before bringing back the daughter
authorities before reaching the alley. When to the house, raped her first. Thereafter, the
Juan shot Joel as planned, he was unaware fourFernando
carted awaycommit? Explain. of Danilo
the belongings
SUGGESTED ANSWER:
that Arturo was arrested earlier. Discuss the and his family. a) What crime did Jose,
criminal liability of Arturo, if any. [5%] Domingo, Manolo and
Criminal Law Bar Examination Q & A (1994-2006)
12 of 86
b) Suppose, after the robbery, the four A shall incur full criminal liability for the
took turns in raping the three daughters of crime of robbery with homicide, but B shall
Danilo inside the latter's house, but before not incur criminal liability because he
they left, they killed the whole family to desisted. B's spontaneous desistance, made
prevent identification, what crime did the before all acts of execution are performed, is
SUGGESTED
four commit?ANSWER:
Explain. exculpatory. Conspiracy to rob and kill is not
(a) Jose, Domingo, and Manolo committed per se punishable.
Robbery, while Fernando committed The desistance need not be actuated by
complex crime of Robbery with Rape, remorse or good motive. It is enough that
Conspiracy can be inferred from the manner the discontinuance comes from the person
the offenders committed the robbery but the who has begun the commission of the crime
rape was committed by Fernando at a place but before all acts of execution are
"distant from the house" where the robbery performed. A person who has began the
was committed, not in the presence of the commission of a crime but desisted, is
other conspirators. Hence, Fernando alone absolved from criminal liability as a reward
should answer for the rape, rendering him to one, who having set foot on the verge of
liable for the special complex crime. (People Conspiracy;
crime, heeds Flight
the tocall
Evade
of hisApprehension
conscience and
b) The crime
vs. Canturia et. would
al, G.R.be108490,
Robbery with
22 June (2003)
A and B, both store janitors, planned to kill
returns to the path of righteousness.
Homicide
1995} ... (implied: there is still their employer C at midnight and take the
conspiracy) money kept in the cash register. A and B
Conspiracy; Flight to Evade Apprehension together drew the sketch of the store, where
(2003)
A and B, both store janitors, planned to kill they knew C would be sleeping, and planned
their employer C at midnight and take the the sequence of their attack. Shortly before
money kept in the cash register. A and B midnight, A and B were ready to carry out
together drew the sketch of the store, where the plan. When A was about to lift C's
they knew C would be sleeping, and planned mosquito net to thrust his dagger, a police
the sequence of their attack. Shortly before car with sirens blaring passed by. Scared, B
midnight, A and B were ready to carry out ran out of the store and fled, while A went
the plan. When A was about to lift C's on to stab C to death, put the money in the
mosquito net to thrust his dagger, a police bag, and ran outside to look for B. The latter
car with sirens blaring passed by. Scared, B was nowhere in sight. Unknown to him, B
ran out of the store and fled, while A went SUGGESTED ANSWER:
had
Therealready
was an left the place.
expressed What between
conspiracy was the
on to stab C to death, put the money in the participation
bag, and ran outside to look for B. The latter A and B to kill C and take the latter'scriminal
and corresponding money.
liability of each,
The planned if any?
killing andReasons.
taking of8%the money
was nowhere in sight. Unknown to him, B
SUGGESTED ANSWER:
had already appears to be intimately related as
There was an left the place.
expressed What between
conspiracy was the
component crimes, hence a special complex
participation
A and B to kill and
C andcorresponding
take the latter'scriminal
money.
liability of each, if any? crime of robbery with homicide. The
The planned killing andReasons.
taking of8%the money conspiracy being expressed, not just implied,
appears to be intimately related as A and B are bound as co-conspirators after
component crimes, hence a special complex they have planned and agreed on the
crime of robbery with homicide. The sequence of their attack even before they
conspiracy being expressed, not just implied, committed the crime. Therefore, the
A and B are bound as co-conspirators after principle in law that when there is a
they have planned and agreed on the conspiracy, the act of one is the act of all,
sequence of their attack even before they That B ran out of the store and fled upon
already governs them. In fact, A and B were
committed the crime. Therefore, the hearing the sirens of the police car, is not
already in the store to carry out their
principle in law that when there is a spontaneous desistance but flight to evade
criminal plan.
conspiracy, the act of one is the act of all, apprehension. It would be different if B then
That B ran out of the store and fled upon tried to stop A from continuing with the
already governs them. In fact, A and B were
hearing the sirens of the police car, is not commission of the crime; he did not. So the
already in the store to carry out their
spontaneous desistance but flight to evade act of A in pursuing the commission of the
criminal plan.
apprehension. It would be different if B then crime which both he and B designed,
tried to stop A from continuing with the planned, and commenced to commit, would
commission of the crime; he did not. So the also be the act of B because of their
act of A in pursuing the commission of the ALTERNATIVE ANSWER:
expressed conspiracy. Both are liable for the
crime which both he and B designed, A shall incur full criminal liability for the
composite crime of robbery with homicide.
planned, and commenced to commit, would crime of robbery with homicide, but B shall
also be the act of B because of their not incur criminal liability because he
ALTERNATIVE ANSWER: desisted. B's spontaneous desistance, made
expressed conspiracy. Both are liable for the
composite crime of robbery with homicide. before all acts of execution are performed, is
Criminal Law Bar Examination Q & A (1994-2006)
13 of 86
exculpatory. Conspiracy to rob and kill is not SUGGESTED ANSWER:
per se punishable. Yes. A, B. C and D are liable for destructive
arson because of the destruction of the room
The desistance need not be actuated by of X with the use of an explosive, the hand
remorse or good motive. It is enough that grenade. Liability for an impossible crime is
the discontinuance comes from the person to be imposed only if the act committed
who has begun the commission of the crime would not constitute any other crime under
but before all acts of execution are the Revised Penal Code. Although the facts
performed. A person who has began the involved are parallel to the case of Intod vs.
commission of a crime but desisted, is Court of Appeals (215 SCRA 52), where it
absolved from criminal liability as a reward was ruled that the liability of the offender
to one, who having set foot on the verge of was for an impossible crime, no hand
Conspiracy;
crime, heedsImplied
the callConspiracy
of his conscience and grenade was used in said case, which
(1998)
What is to
the Criminal Liability: Felonious Act of Scaring
returns thedoctrine of implied conspiracy?
path of righteousness. constitutes a more serious crime though
[3%]
SUGGESTED ANSWER: (1996)
Alexander, an escaped convict, ran amuck on
different from what was intended,
The doctrine of implied conspiracy holds two board a Superlines Bus bound for Manila
or more persons participating in the from Bicol and killed ten (10) persons.
commission of a crime collectively Terrified by the incident, Carol and
responsible and liable as co-conspirators Benjamin who are passengers of the bus,
although absent any agreement to that jumped out of the window and while lying
effect, when they act in concert, unconscious after hitting the pavement of
demonstrating unity of criminal intent and a the road, were ran over and crushed to
common purpose or objective. The existence death by a fast moving Desert Fox bus
of a conspiracy shall be inferred or deduced Can Alexander
tailing be heldBus.
the Superlines liable for the death
from their criminal participation in pursuing of Carol and Benjamin although he was
Conspiracy; Implied Conspiracy; Effects
the crime and thus the act of one shall be completely unaware that the two jumped
(2003)
State the concept
deemed the act of all. of "implied conspiracy" SUGGESTED
out of the ANSWER:
bus? Explain.
and give its legal effects. 4% Yes, Alexander can be held liable for the
SUGGESTED ANSWER: death of Carol and Benjamin because of
An "IMPLIED CONSPIRACY" is one which is felonious act of running was the proximate
only inferred or deduced from the manner cause of the victim's death. The rule is that
the participants in the commission of crime when a person, by a felonious act, generates
carried out its execution. Where the in the mind of another a sense of imminent
offenders acted in concert in the commission danger, prompting the latter to escape from
of the crime, meaning that their acts are or avoid such danger and in the process,
coordinated or synchronized in a way (US vs. Valdez,
sustains injuries 41 Phil, 1497;
or dies, thePeople vs. Apra, 27
person
SCRA 1037.)
indicative that they are pursuing a common committing the felonious act is responsible
criminal objective, they shall be deemed to Criminal Liability: Felonious Act; Proximate Cause
for such injuries or death.
(1996)
Vicente hacked Anacleto with a bolo but the
be acting in conspiracy and their criminal
The legal effects of an "implied conspiracy"
liability shall be collective, not individual. latter was able to parry it with his hand,
are: a) Not all those who are present at the causing upon him a two-inch wound on his
crime
scene will
of thebe considered conspirators; b) right palm. Vicente was not able to hack
Only those who participated by criminal Anacleto further because three policemen
actscommission
in the of the crime will be considered asarrived and threatened to shoot Vicente if
conspirators;
co and c) Mere acquiescence to he did not drop his bolo. Vicente was
or approval of the commission accordingly charged by the police at the
of the crime, without any act of criminal prosecutor's office for attempted homicide.
participation, shall not render one criminallyTwenty-five days later, while the preliminary
co-conspirator.
liable as investigation was in progress, Anacleto was
rushed to the hospital because of symptoms
Criminal Liability: Destructive Arson of tetanus infection on the two-inch wound
(2000)
A, B, C and D, all armed with armalites, SUGGESTED ANSWER:
inflicted by Vicente.
Yes, Vicente Anacletoof
may be charged died the
homicide for
proceeded to the house of X. Y, a neighbor of following day. Can Vicente be eventually
X, who happened to be passing by, pointed the death of Anacleto, unless the tetanus
charged
infectionwith
which homicide
developed for twenty
the death
fiveofdays
to the four culprits the room that X Anacleto? Explain. about by an efficient
occupied. The four culprits peppered the later, was brought
room with bullets. Unsatisfied, A even threw supervening cause. Vicente's felonious act of
a hand grenade that totally destroyed X's causing a two-inch wound on Anacleto's right
room. However, unknown to the four palm may still be regarded as the proximate
culprits, X was not inside the room and cause of the latter's death because without
nobody was hit or injured during the such wound, no tetanus infection could
Incident. Are A, B, C and D liable for any develop from the victim's right palm, and
crime? Explain. (3%) without
Criminal Law Bar Examination Q & A (1994-2006)
such tetanus infection the victim would not
have died with it.

Criminal Liability: Impossible Crimes


(2000)
1 What is an impossible crime?
(2%)
2
SUGGESTEDIs an impossible crime really a
ANSWER:
1
crime? An(2%)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.
14 of 86
caused the death of Cesar is not a crime, no
criminal liability may arise therefrom.

Criminal Liability; Felonious Act of Scaring


(2005)
Belle saw Gaston stealing the prized cock of
a neighbor and reported him to the police.
Thereafter, Gaston, while driving a car saw
Belle crossing the street. Incensed that
Belle had reported him, Gaston decided to
scare her by trying to make it appear that
he was about to run her over. He revved the
engine of his car and drove towards her but
he applied the brakes. Since the road was
slippery at that time, the vehicle skidded
and hit Belle causing her death. Was gaston
SUGGESTED ANSWER:
criminally
Yes, Gastonliable? What
is liable for is the liability
Belle's death of
Gaston? Why? (4%)
because even though Gaston has no intent to
kill Belle rather just to scare Belle. "To
Criminal Liability; Felonious Act of Scaring scare" does not indicate intent to kill.
(2001)
Maryjane had two suitors - Felipe and Cesar. However, under Art. 4 of the Revised Penal
She did not openly show her preference but Code, provides in part that criminal liability
on two occasions, accepted Cesar's shall be incurred by any person committing a
invitation to concerts by Regine and Pops. felony although the wrongful act done be
Felipe was a working student and could only different from that which he intended. In
ask Mary to see a movie which was declined. other words, the rule is that when a person,
Felipe felt insulted and made plans to get by a felonious act, generates in the mind of
even with Cesar by scaring him off somehow. another a sense of imminent danger,
One day, he entered Cesar's room in their prompting the latter to escape from or avoid
boarding house and placed a rubber snake such danger and in the process, sustains
ALTERNATIVE ANSWER:
which appeared to be real in Cesar's injuries or dies, the person committing
Yes, Gaston is liable for Belle's death the
backpack. Because Cesar had a weak heart, felonious act is acts
responsible forthe
such injuries
because by his of revving engine of
he suffered a heart attack upon opening his or death. (US vs. Valdez, 41 Phil, 1497;
his car and driving towards Belle is
backpack and seeing the snake. Cesar died People vs. and
Apra, 27 SCRA 1037.)
felonious, such felonious act was the
without regaining consciousness. The police proximate cause of the vehicle to skid and
investigation resulted in pinpointing Felipe hit Belle, resulting in the latter's death.
as the culprit and he was charged with Stated otherwise, the death of Belle was the
Homicide for Cesar's death. In his defense, direct, natural and logical consequence of
Felipe claimed that he did not know about Criminal Liability; Felonious
SUGGESTED ANSWER: Gaston's felonious act.Act; Immediate
(People v. Arpa, 27
Cesar's weak heart
Yes, Felipe is liable for andthethat he only
death of Cesar Cause (2003)
SCRA 1037).
intended
but he shall be given the benefit on
to play a practical joke Cesar. Is
of the The conduct of wife A aroused the ire of her
Felipe liable for the death of
mitigating circumstance that he did notCesar or will husband B. Incensed with anger almost
his defense prosper? Why? (5%}
intend to commit so grave a wrong as that beyond his control, B could not help but
which was committed (Art. 13, par. 3, RPC). inflict physical injuries on A. Moments after
When Felipe intruded into Cesar's room B started hitting A with his fists, A suddenly
without the latter's consent and took liberty complained of severe chest pains. B,
with the letter's backpack where he placed realizing that A was indeed in serious
the rubber snake. Felipe was already trouble, immediately brought her to the
committing a felony. And any act done by hospital. Despite efforts to alleviate A's
him while committing a felony is no less pains, she died of heart attack. It turned out
wrongful, considering that they were part of SUGGESTED ANSWER:
that she had been suffering from a lingering
Felipe's
"plans toclaim
get eventhat with
he intended
Cesar". only "to play B could be held liable for parricide because
heart ailment. What crime, if any, could B be
a practical joke on Cesar" does not his act of hitting his wife with fist blows and
held guilty of? 8%
persuade, considering that they are not therewith inflicting physical injuries on her,
friends but in fact rivals in courting is felonious. A person committing a felonious
ALTERNATIVE
Maryjane. This ANSWER:
case is parallel to the case of act incurs criminal liability although the
No, Felipe
People is not liable
vs. Pugay, et al. because the act of wrongful consequence is different from what
frightening another is not a crime. What he he intended (Art. 4, par. 1, Revised Penal
did may be wrong, but not all wrongs Code).
amount to a crime. Because the act which
Criminal Law Bar Examination Q & A (1994-2006)
15 of 86
Although A died of heart attack, the said of the strong current or because he did not
attack was generated by B's felonious act of know how to swim, he drowned, the
hitting her with his fists. Such felonious act Supreme Court affirmed the conviction for
was the immediate cause of the heart attack, homicide of the accused because, if a person
having materially contributed to and against whom a criminal assault is directed
hastened A's death. Even though B may have believes himself to be in danger of death or
acted without intent to kill his wife, lack of great bodily harm and in order to escape
such intent is of no moment when the victim jumps into the water, impelled by the
dies. However, B may be given the mitigating instinct of self-preservation, the assailant is
circumstance of having acted without responsible for the homicide in case death
intention to commit so grave a wrong as that Criminal
results Liability; Felonious Act; Proximate Cause
by drowning.
Criminal
committedLiability;
(Art.Felonious
13, par.Act;3,Proximate
RevisedCause
Penal (1999)
During the robbery in a dwelling house, one
(1994)
Bhey
Code). eloped with Scott. Whereupon, Bhey's of the culprits happened to fire his gun
father, Robin, and brother, Rustom, went to upward in the ceiling without meaning to
Scott's house. Upon reaching the house, kill anyone. The owner of the house who was
Rustom inquired from Scott about his hiding thereat was hit and killed as a result.
sister's whereabouts, while Robin shouted The defense theorized that the killing was a
and threatened to kill Scott. The latter then mere accident and was not perpetrated in
went downstairs but Rustom held his connection with, or for purposes of, the
(Scott's) waist. Meanwhile Olive, the elder robbery. Will you sustain the defense? Why?
SUGGESTED
(4%) ANSWER:
sister of Scott, carrying her two-month old
No, I will not sustain the defense. The act
child, approached Rustom and Scott to
being felonious and the proximate cause of
pacify them. Olive attempted to remove
the victim's death, the offender is liable
Rustom's hand from Scott's waist. But
SUGGESTED ANSWER: therefore although it may not be intended or
Rustom pulled
Yes, Rustom Olive's hand
is criminally causing
liable herdeath
for the to
different from what he intended. The
fall over her baby. The baby then died
of the child because his felonious act was the offender shall be prosecuted for the
moments
proximatelater.
causeIsof Rustom criminally
such death. It wasliable
composite crime of robbery with homicide,
for the death of the child?
Rustom's act of pulling Olive's hand which whether the killing was intentional or
caused the latter to fall on her baby. Had It accidental, as long as the killing was on
not been for said act of Rustom, which is Criminal
occasion Liability;
of theFelonious
robbery.Act; Proximate Cause
undoubtedly felonious (at least slight (2001)
Luis Cruz was deeply hurt when his offer of
coercion) there was no cause for Olive to fall love was rejected by his girlfriend Marivella
over her baby. In short, Rustom's felonious one afternoon when he visited her. When he
act is the cause of the evil caused. Any left her house, he walked as if he was
person performing a felonious act is sleepwalking so much so that a teenage
criminally liable for the direct, natural and snatcher was able to grab his cell phone and
logical consequence thereof although flee without being chased by Luis. At the
Criminal Liability; Felonious Act; Proximate Cause next LRT station, he boarded one of the
different from what he intended (Art. 4, par.
(1997)
While the crew of a steamer prepared to coaches bound for Baclaran. While seated,
1, RFC; People vs, Pugay, et al, GR No.
raise anchor at the Pasig River, A, evidently he happened to read a newspaper left on the
74324, Nov. 18, 1988).
impatient with the progress of work, began seat and noticed that the headlines were
to use abusive language against the men. B, about the sinking of the Super Ferry while
one of the members of the crew, on its way to Cebu. He went over the list of
remonstrated saying that they could work missing passengers who were presumed
best if they were not insulted. A took B's dead and came across the name of his
attitude as a display of insubordination and, grandfather who had raised him from
rising in a rage, moved towards B wielding a childhood after he was orphaned. He was
big knife and threatening to stab B. At the shocked and his mind went blank for a few
instant when A was only a few feet from B, minutes, after which he ran amuck and,
the latter, apparently believing himself to be using his balisong, started stabbing at the
in great and immediate peril, threw himself passengers who then scampered away, with
SUGGESTED ANSWER: SUGGESTED ANSWER:
into
Yes. the
A can water,
be helddisappeared
criminallybeneath
liable forthe
the threeLuis
Yes, of them Jumping
is liable out deaths
for their of the train and he
because
surface, and drowned. May A be
death of B, Article 4 of the Revised Penal held landing
was on the road
committing below.
a felony All the
when three
he started
criminally
Code providesliable infor the
part death
that of B? liability
criminal passengers
stabbing diedpassengers
at the later of theirandinjuries
such at the
shall be incurred by any person committing a hospital. Is
wrongful act Luis
wasliable for the death
the proximate of the
cause of
felony although the wrongful act done be threepassengers'
said passengersjumpingwho jumped out ofout oftrain;
the the
different from that which he intended. In movingtheir
hence train? State your reasons. (5%)
deaths.
U.S. vs. Valdez 41 Phil. 497. where the victim
who was threatened by the accused with a
knife, jumped into the river but because
Criminal Law Bar Examination Q & A (1994-2006)
16 of 86
Under Article 4, Revised Penal Code, any JP, Aries and Randal planned to kill Elsa, a
person committing a felony shall incur resident of Barangay Pula, Laurel,
criminal liability although the wrongful act Batangas. They asked the assistance of Ella,
done be different from that which he who is familiar with the place.
intended. In this case, the death of the three On April 3, 1992, at about 10:00 in the
passengers was the direct, natural and evening, JP, Aries and Randal, all armed with
logical consequence of Luis' felonious act automatic weapons, went to Barangay Pula.
which created an immediate sense of danger Ella, being the guide, directed her
in the minds of said passengers who tried to companions to the room in the house of Elsa.
avoid or escape from it by jumping out of the Whereupon, JP, Aries and Randal fired their
Criminal Liability; Felonious Act; Proximate Cause guns at her room. Fortunately, Elsa was not
train. (People vs. Arpa, 27 SCRA 1O37; U.S. vs.
(2004)
On his way home from office, ZZ rode in a around as she attended a prayer meeting
Valdez, 41 Phil. 497}
jeepney. Subsequently, XX boarded the same that evening in another barangay in Laurel.
jeepney. Upon reaching a secluded spot in JP, et al, were charged and convicted of
QC, XX pulled out a grenade from his bag attempted murder by the Regional Trial
and announced a hold-up. He told ZZ to Court at Tanauan, Batangas.
surrender his watch, wallet and cellphone.
Fearing for his life, ZZ jumped out of the On appeal to the Court of Appeals, all the
vehicle. But as he fell, his head hit the accused ascribed to the trial court the sole
SUGGESTED ANSWER: error of finding them guilty of attempted
pavement, causing his instant death . Is XX
Yes, XX is liable for ZZ's death because his murder. If you were the ponente, how will
liable for ZZ's death? Explain briefly. (5%)
acts of pulling out a grenade and SUGGESTED
you decideANSWER:
the appeal?
announcing a hold-up, coupled with a If I were the ponente, I will set aside the
demand for the watch, wallet and cellphone judgment convicting the accused of
of ZZ is felonious, and such felonious act attempted murder and instead find them
was the proximate cause of ZZ's jumping out guilty of impossible crime under Art. 4, par.
of the jeepney, resulting in the latter's 2, RPC, in relation to Art. 59, RPC. Liability
death. Stated otherwise, the death of ZZ for impossible crime arises not only when
was the direct, natural and logical the impossibility is legal, but likewise when
consequence of XX's felonious act which it is factual or physical impossibility, as in
created an immediate sense of danger in the the case at bar. Elsa's absence from the
Criminal
mind of Liability; Impossible
ZZ who tried Crimesuch danger
to avoid house is a physical impossibility which
(2004)
OZ and YO were both courting their co-
by jumping out of the jeepney (People v. Arpa, renders the crime intended Inherently
employee,
27 SCRA 1037).
SUE. Because of their bitter incapable of accomplishment. To convict the
rivalry, OZ decided to get rid of YO by accused of attempted murder would make
poisoning him. OZ poured a substance into Art. 4, par. 2 practically useless as all
YO's coffee thinking it was arsenic. It turned circumstances which prevented the
out that the substance was white sugar consummation of the offense
substitute known as Equal. Nothing Criminal Liability: Impossible Crimes will be treated
as an
(1998) incident independent of the actor's will
happened to YO after he drank the coffee. Buddy always resented his classmate, Jun.
SUGGESTED ANSWER: which is an element of attempted or
What criminal liability did OZ incur, if any? One day. Buddy planned to kill Jun by mixing
OZ incurred criminal liability for an frustrated felony (Intod vs. CA, 215 SCRA
Explain briefly. (5%) poison in his lunch. Not knowing where he
impossible crime of murder. Criminal 52).
can get poison, he approached another
liability shall be incurred by any person classmate, Jerry to whom he disclosed his
performing an act which would be an offense evil plan. Because he himself harbored
against persons or property, were it not for resentment towards Jun, Jerry gave Buddy a
the inherent impossibility of its poison, which Buddy placed on Jun's food.
accomplishment or on account of the However, Jun did not die because, unknown
employment of inadequate or ineffectual to both Buddy and Jerry, the poison was
In the (Art.
means problem
4, par.given, the impossibility of
2, RFC).
accomplishing the crime of murder, a crime actually powdered milk. 1, What crime or
2. Suppose
crimes, that,
if any, didbecause of Buddy
Jerry and his severe
commit?
against persons, was due to the employment allergy to powdered milk, Jun had to be
of ineffectual means which OZ thought was [3%]
hospitalized for 10 days for ingesting it.
poison. The law imputes criminal liability to Would your answer to the first question be
the offender although no crime resulted, SUGGESTED
the same? ANSWER:
[2%]
only to suppress his criminal propensity 1. Jerry and Buddy are liable for the so-
because subjectively, he is a criminal though called "impossible crime" because, with
Criminal Liability;
objectively, Impossible
no crime Crimes
was committed. intent to kill, they tried to poison Jun and
(1994) thus perpetrate Murder, a crime against
persons. Jun was not poisoned only because
the would-be killers were unaware that
what they mixed with the food of Jun
Criminal Law Bar Examination Q & A (1994-2006)
was powdered milk, not poison. In short, the
act done with criminal intent by Jerry and
Buddy, would have constituted a crime
against persons were it not for the inherent
inefficacy of the means employed. Criminal
liability is incurred by them although no
crime resulted, because their act of trying to
2. No, the
poison Jun answer would not be the same as
is criminal.
above. Jerry and Buddy would be liable
instead for less serious physical injuries for
causing the hospitalization and medical
attendance for 10 days to Jun. Their act of
mixing with the food eaten by Jun the matter
which required such medical attendance,
committed with criminal intent, renders
them liable for the resulting injury.
Criminal Liability; Impossible Crimes; Kidnapping
(2000)
Carla, 4 years old, was kidnapped by
Enrique, the tricycle driver paid by her
parents to bring and fetch her to and from
school. Enrique wrote a ransom note
demanding P500,000.00 from Carla's
parents in exchange for Carla's freedom.
Enrique sent the ransom note by mail.
However, before the ransom note was
received by Carla's parents, Enrique's
hideout was discovered by the police. Carla
was rescued while Enrique was arrested and
incarcerated. Considering that the ransom
note was not received by Carla's parents, the
SUGGESTED ANSWER:
investigating prosecutor
No, the prosecutor is notmerely
correctfiled a case
in filing a
of "Impossible Crime to Commit
case for "impossible crime to commit Kidnapping"
against Enrique.
kidnapping" Is theEnrique.
against prosecutor correct?
Impossible
Why? (3%)
crimes are limited only to acts which when
performed would be a crime against persons
or property. As kidnapping is a crime against
personal security and not against persons or
property, Enrique could not have incurred an
"impossible crime" to commit kidnapping.
There is thus no impossible crime of
Mala in Se vs. Mala Prohibita
kidnapping.
(1997)
1 Distinguish between crimes mala in se
and crimes mala prohibita.
2 May an act be malum in se and be, at the
same time, malum prohibitum?
17 of 86
registry list of voters is wrong per se
because it disenfranchises a voter of his
right to vote. In this regard it is considered
as malum in se. Since it is punished under a
special law (Sec. 101 and 103, Revised
Election Code), it is considered malum
Mala in Se vs. Mala Prohibita
prohibitum.
(1999)
Distinguish " mala in se" from " mala
prohibita"(3%)
SUGGESTED ANSWER:
In "mala in se", the acts constituting the
crimes are inherently evil, bad or wrong, and
hence involves the moral traits of the
offender; while in "mala prohibita", the acts
constituting the crimes are not inherently
bad, evil or wrong but prohibited and made
punishable only for public good. And because
the moral trait of the offender is Involved in
"mala in se". Modifying circumstances, the
offender's extent of participation in the
crime, and the degree of accomplishment of
the crime are taken into account in imposing
the penalty: these are not so in "mala
Mala in Se vs. Mala Prohibita
prohibita" where criminal liability arises only
(2001)
Briefly state what essentially distinguishes a
when the acts are consummated.
crime mala prohibita from a crime mala in
se. (2%) ANSWER:
SUGGESTED
In crimes mala prohibita, the acts are not by
nature wrong, evil or bad. They are
punished only because there is a law
prohibiting them for public good, and thus
good faith or lack of criminal intent in doing
the prohibited act is not a defense.
In crimes mala in se, the acts are by nature
wrong, evil or bad, and so generally
condemned. The moral trait of the offender is
involved; thus, good faith or lack of criminal
Intent on the part of the offender is a defense,
unless the crime is the result of criminal
negligence. Correspondingly, modifying
circumstances are considered in punishing the
Mala in Se vs. Mala Prohibita
offender.
(2003)
Distinguish, in their respective concepts and
legal implications, between crimes mala in
se and crimes mala prohibits. 4%
SUGGESTED ANSWER:
In concept: Crimes mala in se are those
SUGGESTED ANSWER: where the acts or omissions penalized are
Crimes mala in se are felonious acts inherently bad, evil, or wrong that they are
committed by dolo or culpa as defined in the almost universally condemned.
Revised Penal Code. Lack of criminal intent Crimes mala prohibita are those where the
is a valid defense, except when the crime acts penalized are not inherently bad, evil,
results from criminal negligence. On the or wrong but prohibited by law for public
other hand, crimes mala prohibita are those good, public welfare or interest and whoever
considered wrong only because they are violates the prohibition are penalized.
prohibited by statute. They constitute In legal implications: In crimes mala in
SUGGESTED ANSWER:
violations of mere rules of convenience se, good faith or lack of criminal intent/
Yes, an act may be malum in se and malum negligence is a defense, while in crimes
designed to secure a more orderly
prohibitum at the same time. In People v. mala prohibita, good faith or lack of criminal
regulation of the affairs of society.
Sunico, et aL. (CA 50 OG 5880) it was held intent or malice is not a defense; it is
that the omission or failure of election enough that the prohibition was voluntarily
inspectors and poll clerks to include a violated.
voter's name in the
Criminal Law Bar Examination
Q & A (1994-2006)
18 of 86
Also, criminal liability is generally incurred violation of a special law is not punished.
in crimes mala in se even when the crime is Actual injury is required. Yes, both are
only attempted or frustrated, while in crimes liable for attempted estafa thru falsification
mala prohibita, criminal liability is generally of commercial documents, a complex
incurred only when the crime is crime. ...
Also in crimes mala in se, mitigating and
consummated. Malum in Se vs. Malum Prohibitum
aggravating circumstances are appreciated (2005)
Distinguish malum in se from malum prohibitum.
in imposing the penalties, while in crimes (2%)
SUGGESTED ANSWER:
mala prohibita, such circumstances are not In crimes malum in se, an act is by nature
appreciated unless the special law has wrong, evil or bad, and so generally
adopted the scheme or scale of penalties condemned. The moral trait of the offender is
under the Revised Penal Code. involved; thus, good faith or lack of criminal
Mala Prohibita; Actual Injury Required Intent on the part of the offender is a defense,
(2000)
Mr. Carlos Gabisi, a customs guard, and Mr. unless the crime is the result of criminal
Rico Yto, a private Individual, went to the negligence. Correspondingly, modifying
office of Mr. Diether Ocuarto, a customs circumstances are considered in punishing the
broker, and represented themselves as In crimes mala prohibitum, an act is not by
offender.
agents of Moonglow Commercial Trading, an nature wrong, evil or bad. Yet, it is punished
Importer of children's clothes and toys. Mr. because there is a law prohibiting them for
Gabisi and Mr. Yto engaged Mr. Ocuarto to public good, and thus good faith or lack of
prepare and file with the Bureau of Customs criminal intent in doing the prohibited act is
the necessary Import Entry and Internal not a defense.
Motive vs. Intent
Revenue Declaration covering Moonglow's
(1996)
1 Distinguish intent from motive in
shipment. Mr. Gabisi and Mr. Yto submitted
Criminal Law.
to Mr. Ocuarto a packing list, a commercial
2 May
SUGGESTED crime be committed without
ANSWER:
invoice, a bill of lading and a Sworn Import 1 Motive is the moving power which
criminal intent?
Duty Declaration which declared the impels one to action for a definite result;
shipment as children's toys, the taxes and whereas intent is the purpose to use a
duties of which were computed at particular means to effect such results.
P60,000.00. Mr. Ocuarto filed the Motive is not an essential element of a
aforementioned documents with the Manila felony and need not be proved for purpose
International Container Port. However, of conviction, while intent is an essential
before the shipment was released, a spot element of felonies by dolo.
check was conducted by Customs Senior 2 Yes, a crime may be committed
Agent James Bandido, who discovered that without criminal intent if such is a culpable
the contents of the van (shipment) were not felony, wherein Intent is substituted by
children's toys as declared in the shipping negligence or imprudence, and also in a
documents but 1,000 units of video cassette malum prohibitum or if an act is punishable
recorders with taxes and duties computed at by special law.
P600,000.00. A hold order and warrant of Motive vs. Intent
seizure and detention were then issued by (1999)
1 Distinguish "motive" from "intent".
the District Collector of Customs. Further 2 When is motive relevant to prove a
investigation showed that Moonglow is non- case? When is it not necessary to be
SUGGESTED
established? ANSWER:
Explain. (3%)
existent. Consequently, Mr. Gabisi and Mr. 1 "Motive " is the moving power which
Yto were charged with and convicted for impels a person to do an act for a definite
violation of Section 3(e) of R.A. 3019 which result; while "intent" is the purpose for
makes it unlawful among others, for public using a particular means to bring about a
officers to cause any undue Injury to any desired result. Motive is not an element of a
party, including the Government. In the crime but intent is an element of intentional
discharge of official functions through crimes. Motive, if attending a crime, always
manifest partiality, evident bad faith or gross precede the intent.
inexcusable negligence. In their motion for 2 Motive is relevant to prove a case
reconsideration, the accused alleged that the when there is doubt as to the identity of the
decision was erroneous because the crime offender or when the act committed gives
SUGGESTED ANSWER:
was
Yes, not
the consummated
contention of the butaccused
was onlythat
at an
the rise to variant crimes and there is the need
attempted stage, and that in fact
crime was not consummated is correct, RA. the to determine the proper crime to be imputed
Government did not
3019 is a special lawsuffer any undue
punishing injury.
acts mala to the offender.
a) Is the contention of both
prohibita. As a rule, attempted accused correct?
Explain. (3%) b) Assuming that the
attempted or frustrated stage of the violation
charged is not punishable, may the accused
be nevertheless convicted for an offense
punished by the Revised Penal Code under
the facts of the case? Explain. (3%)
Criminal Law Bar Examination Q & A (1994-2006)
It is not necessary to prove motive when
the offender is positively identified or the
criminal act did not give rise to variant
crimes.
Motive vs. Intent
(2004)
Distinguish clearly but briefly between
intent and motive in the commission of an
offense.
SUGGESTED ANSWER:
Intent is the purpose for using a particular
means to achieve the desired result; while
motive is the moving power which impels a
person to act for a definite result. Intent is
an ingredient of dolo or malice and thus an
element of deliberate felonies; while motive
is not an element of a crime but only
considered when the identity of the offender
Motive; Proof thereof; Not Essential; Conviction
is in doubt.
(2006)
Motive is essential in the determination of
the commission of a crime and the liabilities
of the perpetrators. What are the instances
where proof of motive is not essential or
required to justify conviction of an accused?
SUGGESTED
Give at leastANSWER:
3 instances. (5%)
1 When there is an eyewitness or positive
identification of the accused.
2 When the accused admitted or confessed to
the commission of the crime.
3 In crimes mala prohibita.
4 In direct assault, when the victim, who is a
person in authority or agent of a person in
authority was attacked in the actual performance
of his duty (Art. 148, Revised Penal Code).
5 In crimes committed through reckless
imprudence.

JUSTIFYING & EXEMPTING


CIRCUMSTANCES
Exempting Circumstances; Coverage
(2000)
A, brother of B, with the intention of having
a night out with his friends, took the
coconut shell which is being used by B as a
bank for coins from inside their locked
cabinet using their common key. Forthwith,
A broke the coconut shell outside of their
1
home inWhat is the criminal
the presence of his liability
friends. of A, if any?
Explain. (3%)
2 Is A exempted from criminal liability
under Article 332 of the Revised Penal Code for
being a brother of B? Explain. (2%)
19
of 86
Exempting Circumstances; Minority
(1998)
John, an eight-year old boy, is fond of
watching the television program "Zeo
Rangers." One evening while he was
engrossed watching his favorite television
show, Petra, a maid changed the channel to
enable her to watch "Home Along the Riles."
This enraged John who got his father's
revolver, and without warning, shot Petra at
SUGGESTED ANSWER:
the back of her head causing her
No, John is not criminally liable for killing
instantaneous death. Is John criminally
Petra because he is only 8 years old when
liable? [2%]
he committed the killing. A minor below
nine (9) years old is absolutely exempt from
criminal liability although not from civil
liability. (Art. 12, par. 2, RPC).
Exempting; Minority; 11 yrs Old; Absence
of Discernment (2000)
While they were standing in line awaiting
their vaccination at the school clinic,
Pomping repeatedly pulled the ponytail of
Katreena, his 11 years, 2 months and 13 days
old classmate in Grade 5 at the Sampaloc
Elementary School. Irritated, Katreena
turned around and swung at Pomping with a
ball pen. The top of the ball pen hit the right
eye of Pomping which bled profusely.
Realizing what she had caused. Katreena
immediately helped Pomping. When
investigated, she freely admitted to the
school principal that she was responsible for
the injury to Pomping's eye. After the
incident, she executed a statement admitting
her culpability. Due to the injury. Pomping
SUGGESTED ANSWER:
lost
a) No,his Katreena
right eye.isa)notIs criminally
Katreena criminally
liable
liable? Why? (3%) b) Discuss
although she is civilly liable. Beingthe attendant
a minor
circumstances
less than fifteenand effects
(15) yearsthereof. (2%) over
old although
nine (9) years of age, she is generally
exempt from criminal liability. The exception
is where the prosecution proved that the act
was committed with discernment. The
burden is upon the prosecution to prove that
The presumption
the accused actediswith
thatdiscernment.
such minor acted
without discernment, and this is
strengthened by the fact that Katreena only
reacted with a ballpen which she must be
using in class at the time, and only to stop
Pomping's vexatious act of repeatedly
pulling her ponytail. In other words, the
b) Thewas
injury attendant circumstances which may
accidental.
SUGGESTED ANSWER: be considered are:
a) A is criminally liable for Robbery with 1 Minority of the accused as an
force upon things..... exempting circumstance under Article 12.
paragraph 3, Rev. Penal Code, where she
b) No, A is not exempt from criminal liability shall be exempt from criminal liability, unless
under Art. 332 because said Article applies it was proved that she acted with
only to theft, swindling or malicious
discernment. She is however civilly liable;
mischief. Here, the crime committed is
2 If found criminally liable, the minority
robbery.
of the accused as a privileged mitigating
circumstance. A discretionary penalty lower
by at least two (2)
Criminal Law Bar Examination Q & A (1994-2006)
degrees than that prescribed for the
crime committed shall be imposed in
accordance with Article 68. paragraph 1,
Rev. Penal Code. The sentence,
however, should automatically be
suspended in accordance with Section
5(a) of Rep. Act No. 8369 otherwise
1 known Also as
if found
the criminally liable, the
"Family Courts Actordinary
of
mitigating
1997"; circumstance of not Intending to
commit so grave a wrong as that committed,
under Article 13, paragraph 3, Rev. Penal Code;
and
2 The ordinary mitigating circumstance of
sufficient provocation on the part of the offended
Justifying vs. Exempting
party immediately Circumstances
preceded the act.
(2004)
Distinguish clearly but briefly: Between
justifying and exempting circumstances in
criminal law.
SUGGESTED ANSWER:
Justifying circumstance affects the act, not
the actor; while exempting circumstance
affects the actor, not the act. In justifying
circumstance, no criminal and, generally, no
civil liability is incurred; while in exempting
circumstance, civil liability is generally
incurred although there is no criminal
Justifying
liability. vs. Exempting Circumstances
(1998) Distinguish between justifying and
exempting circumstances. [3%]
SUGGESTED ANSWER:
1. In Justifying
1 The circumstance affects the act, not
Circumstances:
the actor;
2 The act is done within legal bounds,
hence considered as not a crime;
3 Since the act is not a crime, there is no
criminal nor civil liability.
criminal;
Whereas,
4 in an Exempting
There being no crime nor criminal,
1
there isThe
no circumstance affects the actor, not
Circumstances:
the act;
2 The act is felonious and hence a crime
but the actor acted without voluntariness;
3 Although there is a crime, there is no
criminal because the actor is regarded only as
an instrument of the crime;
4 There being a wrong done but no
criminal.
20 of 86
A may, however, invoke the benefit of the
mitigating circumstance of having acted in
immediate vindication of a grave offense to
a descendant, his daughter, under par. 5,
Article 13 of the Revised Penal Code, as
Justifying;
amended. Defense of Stranger
(2002)
A chanced upon three men who were
attacking B with fist blows. C, one of the
men, was about to stab B with a knife. Not
knowing that B was actually the aggressor
because he had earlier challenged the three
men to a fight, A shot C as the latter was
about to stab B. May A invoke the defense of
SUGGESTED
a strangerANSWER:
as a justifying circumstance in his
Yes. A may invoke the justifying
favor? Why? (2%)
circumstance of defense of stranger since
he was not involved in the fight and he shot
C when the latter was about to stab B.
There being no indication that A was
induced by revenge, resentment or any
other evil motive in shooting C, his act is
justified under par 3, Article 11 of the
Justifying;
Revised Penal Fulfillment
Code,ofasDuty; Requisites
amended.
(2000)
Lucresia, a store owner, was robbed of her
bracelet in her home. The following day, at
about 5 o'clock in the afternoon, a neighbor,
22-year old Jun-Jun, who had an unsavory
reputation, came to her store to buy bottles
of beer. Lucresia noticed her bracelet wound
around the right arm of Jun-Jun. As soon as
the latter left, Lucresia went to a nearby
police station and sought the help of a
policeman on duty, Pat. Willie Reyes. He
went with Lucresia to the house of Jun-Jun to
confront the latter. Pat. Reyes introduced
himself as a policeman and tried to get hold
of Jun-Jun who resisted and ran away. Pat.
Reyes chased him and fired two warning
shots in the air. Jun-Jun continued to run and
when he was about 7 meters away, Pat,
Reyes shot him in the right leg. Jun-Jun was
hit and he fell down but he crawled towards
a fence, intending to pass through an
opening underneath. When Pat. Reyes was
Justifying; Defense of Honor; Requisites about 5 meters away, he fired another shot
(2002)
When A arrived home, he found B raping his at Jun-Jun hitting him at the right lower hip.
daughter. Upon seeing A, B ran away. A took Pat. ReyesANSWER:
SUGGESTED brought Jun-Jun to the hospital,
his gun and shot B, killing him. Charged No,
but the defense of Pat.
because Reyes isbleeding,
profuse not tenable. he
with homicide, A claimed he acted in The defense
eventually died. of Pat having
Reyes wasacted in the
subsequently
defense of his daughter's honor. Is A fulfillment
charged with of ahomicide.
duty requires
Duringas the
a condition,
trial, Pat
correct? If not, can A claim the benefit of inter
Reyes alia, raisedthatthethedefense,
injury by or wayoffense
of
SUGGESTED
any ANSWER:
mitigating circumstance or committed
exoneration, bethatthe he
unavoidable or necessary
acted in the fulfillment
No,
circumstances?validly
A cannot (3%) invoke defense of his consequence
of a duty. Is of thethe due performance
defense of the
tenable? Explain.
daughter's honor in having killed B since the duty
(3%) (People vs. Oanis, et.al., 74 Phil. 257) . It is
rape was already consummated; moreover, B not enough that the accused acted in
already ran away, hence, there was no After Jun-Jun
fulfillment of awas shot in the right leg and
duty.
aggression to defend against and no defense was already crawling, there was no need for
to speak of. Pat, Reyes to shoot him further. Clearly, Pat.
Reyes acted beyond the call of duty which
brought about the cause of death of the
victim.
Criminal Law Bar Examination Q & A (1994-2006)
21
of
86
killed the latter. Upon investigation by the police who thereafter
Justifying; SD; Defense of Honor; Requisites arrived at the scene of the shooting, it was discovered that the
(1998)
One night, Una, a young married woman, victim was unarmed. When prosecuted for homicide, the
was sound asleep in her bedroom when she security guard claimed that he merely acted in self-defense of
felt a man on top of her. Thinking it was her property and in the performance of his duty as a security guard.
husband Tito, who came home a day early If you were the judge, would you convict him of homicide?
from his business trip, Una let him have sex Explain.
with her. After the act, the man said, "I hope
you enjoyed it as much as I did." Not SUGGESTED ANSWER:
Yes. I would convict the security guard for
recognizing the voice, it dawned upon Lina
Homicide if I were the Judge, because his
that the man was not Tito, her husband.
claim of having acted in defense of property
Furious, Una took out Tito's gun and shot
SUGGESTED ANSWER: and in performance of a duty cannot fully be
the man. Charged with homicide Una denies
No, Una's claim that she acted in defense of justified. Even assuming that the victim was
culpability on the ground of defense of
honor, is not tenable because the unlawful scaling the wall of the factory compound to
honor. Is her claim tenable? [5%]
aggression on her honor had already commit a crime inside the same, shooting
ceased. Defense of honor as included in self- him is never justifiable, even admitting that
defense, must have been done to prevent or such act is considered unlawful aggression
repel an unlawful aggression. There is no on property rights. In People vs. Narvaes, 121
defense to speak of where the unlawful SCRA 329, a person is justified to defend his
Justifying;
aggression Defense of Honor;
no longer exists. Elements property rights, but all the elements of self-
(2000)
Osang, a married woman in her early defense under Art. 11, must be present. In
twenties, was sleeping on a banig on the the instant case, just like in Narvaes, the
floor of their nipa hut beside the seashore second element (reasonable necessity of the
when she was awakened by the act of a man Justifying; SD; Defense of Property; Requisites
means employed) is absent. Hence, he
mounting her. Thinking that it was her (2003)
The accused lived with his family in a
should be convicted of homicide but entitled
husband, Gardo,who had returned from neighborhood that often was the scene of
to incomplete self-defense.
fishing in the sea, Osang continued her sleep frequent robberies. At one time, past
but allowed the man, who was actually their midnight, the accused went downstairs with
neighbor, Julio, to have sexual intercourse a loaded gun to investigate what he thought
with her. After Julio satisfied himself, he said were footsteps of an uninvited guest. After
"Salamat Osang" as he turned to leave. Only seeing what appeared to him an armed
then did Osang realize that the man was not stranger looking around and out to rob the
her husband. Enraged, Osang grabbed a house, he fired his gun seriously injuring the
balisong from the wall and stabbed Julio to man. When the lights were turned on, the
SUGGESTED ANSWER:
death. When tried offor defense
homicide, unfortunate victim turned out to be a
No, Osang"s claim of Osang
honor
claimed defense brother-in-law on his way to the kitchen to
should not be ofsustained
honor. Should the claim
because the SUGGESTED ANSWER:
be sustained? get
The some light snacks. The accused was
aggression onWhy? (5%) had ceased when
her honor accused should be convicted because,
indicted for serious physical injuries.
even assuming the facts to be true in his Should
she stabbed the aggressor. In defense of
the
belief,accused,
his act given the circumstances,
of shooting a burglar when be
rights under paragraph 1, Art. 11 of the
convicted or acquitted? Why? 4%
there is no unlawful aggression on his
RPC, It is required inter alia that there be
(1) unlawful aggression, and (2) reasonable person is not justified. Defense of property
necessity of the means employed to prevent or property right does not justify the act of
or repel it. The unlawful aggression must be firing a gun at a burglar unless the life and
continuing when the aggressor was injured limb of the accused is already in imminent
But if the aggression
or disabled by the person thatmaking
was begun by the
a defense. and immediate danger. Although the
injured or disabled party already ceased to ALTERNATIVE ANSWER:
accused acted out of a misapprehension of
exist when the accused attacked him, as in Considering the given circumstances,
the facts, he is not absolved from criminal
the case at bar, the attack made is a namely; the frequent robberies in the
liability.
retaliation, and not a defense. Paragraph 1, neighborhood, the time was past midnight,
Article 11 of the Code does not govern. and the victim appeared to be an armed
Hence, Osang's act of stabbing Julio to death burglar in the dark and inside his house, the
after the sexual intercourse was finished, is accused could have entertained an honest
not defense of honor but an immediate belief that his life and limb or those of his
vindication of a grave offense committed family are already in immediate and
against her, which is only mitigating. imminent danger. Hence, it may be
Justifying; SD; Defense of Property; Requisites reasonable to accept that he acted out of an
(1996)
A security guard, upon seeing a man scale the wall of a factory honest mistake of fact and therefore without
compound which he was guarding, shot and criminal intent. An honest mistake of fact
negatives criminal intent and thus absolves
the accused from criminal liability.
Criminal Law Bar Examination Q & A (1994-2006)
22 of 86
Qualifying; Elements of a Crime a) Jonas and Jaja, can be charged with the
(2003)
When would qualifying circumstances be complex crime of attempted murder with
deemed, if at all, elements of a crime? 4% homicide because a single act caused a less
SUGGESTED ANSWER: grave and a grave felony (Art. 48. RPC)....
A qualifying circumstance would be deemed b) If I were Jonas' and Jaja's lawyer, I will
an element of a crime when - use the following defenses:
1 it changes the nature of the crime, 1 That the accused had no intention
bringing about a more serious crime and a to commit so grave a wrong as that
heavier penalty; committed as they merely intended to
2 it is essential to the crime involved, frighten Jepoy;
otherwise some other crime is committed; and 2 That Jonas committed the crime
3 it is specifically alleged in the Information in a state of intoxication thereby
ALTERNATIVE
and provenANSWER:
during the trial. impairing his will power or capacity to
A qualifying circumstance is deemed an
understand the wrongfulness of his act.
element of a crime when it is specifically
Non-intentional intoxication is a
stated by law as included in the definition of
mitigating circumstance (People us.
a crime, like treachery in the crime of Mitigating; Plea of Guilty
Fortich, 281 SCRA 600 (1997); Art. 15, RPC.).
murder. (1999)
An accused charged with the crime of
homicide pleaded "not guilty" during the
MITIGATING CIRCUMSTANCES preliminary investigation before the
Municipal Court. Upon the elevation of the
Mitigating; Non-Intoxication case to the Regional Trial Court the Court of
Despite the massive advertising campaign in
(2000) competent jurisdiction, he pleaded guilty
media against firecrackers and gun-firing
freely and voluntarily upon arraignment.
during the New Year's celebrations, Jonas
Can his plea of guilty before the RTC be
and Jaja bought ten boxes of super lolo and
considered spontaneous and thus entitle
pla-pla in Bocaue, Bulacan. Before midnight SUGGESTED ANSWER:
him to the mitigating circumstance of
of December 31, 1999, Jonas and Jaja started Yes, his plea of guilty before the Regional
spontaneous plea of guilty under Art. 13(7),
their celebration by having a drinking spree Trial Court can be considered spontaneous,
RPC? (3%)
at Jona's place by exploding their high- for which he is entitled to the mitigating
powered firecrackers in their neighborhood. circumstance of plea of guilty. His plea of
In the course of their conversation, Jonas not guilty before the Municipal Court is
confided to Jaja that he has been keeping a immaterial as it was made during
long-time grudge against his neighbor Jepoy preliminary investigation only and before a
in view of the latter's refusal to lend him Mitigating; Plea of Guilty;
court not competent Requisites
to render judgment.
some money. While under the influence of (1999)
In order that the plea of guilty may be
liquor, Jonas started throwing lighted super mitigating, what requisites must be
lolos inside Jepoy's fence to irritate him and complied with?
SUGGESTED (2%)
ANSWER:
For plea of guilty to be mitigating, the
the same exploded inside the latter's yard. 1 That
requisites the accused spontaneously
are:
Upon knowing that the throwing of the super pleaded guilty to the crime charged;
lolo was deliberate, Jepoy became furious 2 That such plea was made before the
and sternly warned Jonas to stop his court competent to try the case and render
malicious act or he would get what he judgment; and
wanted. A heated argument between Jonas 3 That such plea was made prior to the
and Jepoy ensued but Jaja tried to calm down presentation of evidence for the prosecution.
his friend. At midnight, Jonas convinced Jaja Mitigating; Plea of Guilty; Voluntary Surrender
to lend him his .45 caliber pistol so that he (1997)
After killing the victim, the accused
could use it to knock down Jepoy and to end absconded. He succeeded in eluding the
his arrogance. Jonas thought that after all, police until he surfaced and surrendered to
explosions were everywhere and nobody the authorities about two years later.
would know who shot Jepoy. After Jaja lent Charged with murder, he pleaded not guilty
his firearm to Jonas, the latter again started but, after the prosecution had presented two
started throwing lighted super lolos and pla- witnesses implicating him to the crime, he
plas at Jepoy's yard in order to provoke him changed his plea to that of guilty. Should the
so that he would come out of his house. mitigating circumstances of voluntary
When Jepoy came out, Jonas immediately SUGGESTED ANSWER:
surrender and plea of guilty be considered in
shot him with Jaja's .45 caliber gun but Voluntary surrender should be considered as
favor of the accused?
missed his target. Instead, the bullet hit a mitigating circumstance. After two years,
Jepoy's five year old son who was following the police were still unaware of the
SUGGESTED ANSWER:
behind him, killing the boy instantaneously, whereabouts of the accused and the latter
a) What crime or crimes can Jonas and Jaja
be charged with? Explain. (2%) b) If you
were Jonas' and Jaja's lawyer, what possible
defenses would you set up in favor of your
clients? Explain. (2%) c) If you were the
Judge, how would you decide the case?
Explain. (1%)
Criminal Law Bar Examination
Q & A (1994-2006)
23 of 86
could have continued to elude arrest. 1 spontaneous, i.e., indicative of
Accordingly, the surrender of the accused acknowledgment of guilt and not for
should be considered mitigating because it convenience nor conditional;
was done spontaneously, indicative of the 2 made before the government incurs
remorse or repentance on the part of said expenses, time and effort in tracking down
accused and therefore, by his surrender, the the offender's whereabouts; and
ALTERNATIVE
accused saved ANSWER:the Government expenses, 3 made to a person in authority or the
Voluntary surrender may not be appreciated
efforts, and time.
in favor of the accused. Two years is too long
AGGRAVATING
latter's agents.
a time to consider the surrender as CIRCUMSTANCES
spontaneous (People us. Ablao, 183 SCRA 658).
For sure the government had already Aggravating Circumstances
incurred considerable efforts and expenses in (1996)
Jose, Domingo, Manolo, and Fernando,
looking for the accused. armed with bolos, at about one o'clock in the
Plea of guilty can no longer be appreciated morning, robbed a house at a desolate place
as a mitigating circumstance because the where Danilo, his wife, and three daughters
prosecution had already started with the were living. While the four were in the
presentation of its evidence (Art. 13, par. 7. process of ransacking Danilo's house,
Revised Penal Code). Fernando, noticing that one of Danilo's
Mitigating; Voluntary Surrender daughters was trying to get away, ran after
(1996)
Hilario, upon seeing his son engaged in a her and finally caught up with her in a
scuffle with Rene, stabbed and killed the thicket somewhat distant from the house.
latter. After the stabbing, he brought his son Fernando, before bringing back the
home. The Chief of Police of the town, 1
daughterWhatto crime
the did Jose,raped
house, Domingo,her first.
accompanied by several policemen, went to Manolo and Fernando
Thereafter, the fourcommit?cartedExplain.
away the
Hilario's house, Hilario, upon seeing the 2 Suppose, after the
belongings of Danilo and his robbery,
family.the four
approaching policemen, came down from his took turns in raping the three daughters of
house to meet them and voluntarily went Danilo inside the latter's house, but before
with them to the Police Station to be they left, they killed the whole family to
investigated in connection with the killing. prevent identification, what crime did the
When eventually charged with and convicted four commit? Explain.
of homicide, Hilario, on appeal, faulted the 3 Under the facts of the case, what
SUGGESTED ANSWER:
trial aggravating circumstances may be
Yes, court forisnotentitled
Hilario appreciating
to thein mitigating
his favor
the mitigating circumstance of voluntary appreciated against the four? Explain.
circumstance of voluntary surrender. The
surrender.
crux of the Is issue
he entitled to such the
is whether a mitigating
fact that
circumstance? Explain.
Hilario went home after the incident, but
came down and met the police officers and
went with them is considered "Voluntary
surrender," The voluntariness of surrender is
tested if the same is spontaneous showing
the intent of the accused to submit himself
unconditionally to the authorities. This must
be either (a) because he acknowledges his
guilt, or (b) because he wishes to save them
the trouble and expenses necessarily
incurred in his search and capture. (Reyes'
Commentaries, p. 303). Thus, the act of the
accused in hiding after commission of the
crime, but
Mitigating; voluntarily
Voluntary Surrender;went with the
Elements
policemen
(1999)
When who hadbygone
is surrender to his hiding
an accused place
considered
to investigate,
voluntary, was held of
and constitutive to the
be mitigating
mitigating
circumstance.(
circumstance of People vs. Dayrit,
voluntary cited in(3%)
surrender? Reyes'
Commentaries, p. 299)
SUGGESTED ANSWER:
A surrender by an offender is considered
voluntary when it is spontaneous, indicative
of an intent to submit unconditionally to the
authorities.
To be mitigating, the surrender must
be:
SUGGESTED ANSWER:
a) Jose, Domingo, and Manolo committed
Robbery, while Fernando committed
complex crime of Robbery with Rape...

b) The crime would be Robbery with


Homicide because the killings were by reason
(to prevent identification) and on the
occasion of the robbery. The multiple rapes
committed and the fact that several persons
were killed [homicide), would be considered
as aggravating circumstances. The rapes are
synonymous with Ignominy and the
additional killing synonymous with cruelty,
(People vs. Solis, 182 SCRA; People vs. Plaga, 202
c) The aggravating circumstances which may
SCRA 531)
be considered in the premises are:
1 Band because all the four
offenders are armed;
2 Noctumity because evidently the
offenders took advantage of nighttime;
3 dwelling; and
4 Uninhabited place because the
house where the crimes were committed
was "at a desolate place" and obviously
the offenders took advantage of this
circumstance in committing the crime.
Criminal Law Bar Examination Q & A (1994-2006)
Aggravating Circumstances; Generis vs.
Qualifying (1999)
Distinguish generic aggravating
circumstance from qualifying aggravating
circumstance.
SUGGESTED ANSWER:
Generic Aggravating
1 affects only the imposition of the penalty
Circumstances:
prescribed, but not the nature of the crime
committed;
2 can be offset by ordinary mitigating
circumstances;
3 need not be alleged in the Information as
long as proven during the trial, the same shall be
Qualifying
considered in imposing the Aggravating
sentence.
1 must be alleged in the Information and
Circumstances:
proven during trial;
2 cannot be offset by mitigating
circumstances;
3 affects the nature of the crime or brings
about a penalty higher in degree than that
ordinarily prescribed.
24 of 86
Aggravating; Must be alleged in the information
(2000)
Rico, a member of the Alpha Rho fraternity,
was killed by Pocholo, a member of the rival
group, Sigma Phi Omega. Pocholo was
prosecuted for homicide before the Regional
Trial Court in Binan, Laguna. During the
trial, the prosecution was able to prove that
the killing was committed by means of
poison in consideration of a promise or
reward and with cruelty. If you were the
SUGGESTED ANSWER:
Judge, with what crime will you convict
Pocholo should be convicted of the crime of
Pocholo? Explain. (2%)
homicide only because the aggravating
circumstances which should qualify the
crime to murder were not alleged in the
Information.
The circumstances of using poison, in
consideration of a promise or reward, and
cruelty which attended the killing of Rico
could only be appreciated as generic
aggravating circumstances since none of
Aggravating Circumstances; Kinds & Penalties them have been alleged in the information to
(1999)
Name the four (4) kinds of aggravating qualify the killing to murder. A qualifying
circumstances and state their effect on the circumstance must be alleged in the
penalty of crimes and nature thereof. (3%) Information and proven beyond reasonable
SUGGESTED ANSWER: Aggravating;
doubt during Nighttime; Bandto be appreciated as
the trial
The four (4) kinds of aggravating circumstances (1994)
At about 9:30 in the evening, while Dino and
such.
1)
are: GENERIC AGGRAVATING or those Raffy were walking along Padre Faura
that can generally apply to all crimes, and Street, Manila. Johnny hit them with a rock
can be offset by mitigating circumstances, injuring Dino at the back. Raffy approached
but if not offset, would affect only the Dino, but suddenly, Bobby, Steve, Danny and
maximum of the penalty prescribed by law; Nonoy surrounded the duo. Then Bobby
2) SPECIFIC AGGRAVATING or those stabbed Dino. Steve, Danny, Nonoy and
that apply only to particular crimes and Johnny kept on hitting Dino and Raffy with
cannot be offset by mitigating rocks. As a result. Dino died, Bobby, Steve,
3) QUALIFYING CIRCUMSTANCES or
circumstances: Danny, Nonoy and Johnny were charged with
those that change the nature of the crime to
homicide. Can the court appreciate the
a graver one, or brings about a penalty next SUGGESTED ANSWER:
aggravating
No, nighttime circumstances of nighttime
cannot be appreciated and
as an
higher in degree, and cannot be offset by
4) INHERENT AGGRAVATING or those band?
aggravating circumstance because there is
mitigating circumstances;
that essentially accompany the commission no indication that the offenders deliberately
of the crime and does not affect the penalty sought the cover of darkness to facilitate the
whatsoever. commission of the crime or that they took
Aggravating; Cruelty; Relationship advantage of nighttime (People vs. De los
(1994)
Ben, a widower, driven by bestial desire, Reyes, 203 SCRA 707). Besides, judicial notice
poked a gun on his daughter Zeny, forcibly can be taken of the fact that Padre Faura
undressed her and tied her legs to the bed. However, band should be considered as the
Street is well-lighted.
He also burned her face with a lighted crime was committed by more than three
cigarrete. Like a madman, he laughed while armed malefactors; in a recent Supreme
SUGGESTED
raping her.ANSWER:
What aggravating circumstances Court decision, stones or rocks are
a)
areCruelty,
presentfor burning
in this the victim's face with
case? considered deadly weapons.
a lighted cigarrete, thereby deliberately Aggravating; Recidivism
augmenting the victim's suffering by acts (2001)
Juan de Castro already had three (3) previous
clearly unnecessary to the rape, while the convictions by final judgment for theft when
offender delighted and enjoyed seeing the he was found guilty of Robbery with
victim suffer in pain (People vs. Lucas, 181 Homicide. In the last case, the trial Judge
b) Relationship,
SCRA 316). because the offended party considered against the accused both
is a descendant (daughter) of the offender recidivism and habitual delinquency. The
and considering that the crime is one against accused appealed and contended that in his
chastity. last conviction, the trial court cannot
consider against him a finding of recidivism
and,
Criminal Law Bar Examination Q & A (1994-2006)
again, of habitual delinquency. Is the appeal
meritorious? Explain. (5%)
SUGGESTED ANSWER:
No, the appeal is not meritorious. Recidivism
and habitual delinquency are correctly
considered in this case because the basis of
recidivism is different from that of habitual
delinquency.
Juan is a recidivist because he had been
previously convicted by final judgment for
theft and again found guilty for Robbery with
Homicide, which are both crimes against
property, embraced under the same Title
(Title Ten, Book Two] of the Revised Penal
Code. The implication is that he is
specializing in the commission of crimes
against property, hence aggravating in the
Habitual
conviction delinquency,
for Robberywhich brings about an
with Homicide.
additional penalty when an offender is
convicted a third time or more for specified
crimes, is correctly considered ...
Aggravating; Recidivism vs. Quasi-Recidivism
(1998)
Distinguish between recidivism and quasi-
recidivism. [2%]
SUGGESTED ANSWER:
In recidivism -
1 The convictions of the offender are for
crimes embraced in the same Title of the Revised
Penal Code; and
2 This circumstance is generic aggravating
and therefore can be effect by an ordinary
mitigating circumstance.

Whereas in quasi-recidivlsm
-1 The convictions are not for crimes
embraced in the same Title of the Revised Penal
Code, provided that it is a felony that was
committed by the offender before serving
sentence by final judgment for another crime or
while serving sentence for another crime; and
2 This circumstance is a special aggravating
circumstance which cannot be offset by any
mitigating circumstance.
25 of 86

Would you say that the killing was attended


by the qualifying or aggravating
circumstances of evident premeditation,
SUGGESTED
treachery, ANSWER:
nighttime and unlawful entry?
1. Evident premeditation cannot be
considered against the accused because he
resolved to kill the victim "later in the night"
and there was no sufficient lapse of time
between the determination and execution, to
allow his conscience to overcome the
2. TREACHERY
resolution of hismay
will.be present because the
accused stabbed the victim while the latter
was sound asleep. Accordingly, he employed
means and methods which directly and
specially insured the execution of the act
without risk himself arising from the
defense which the victim might have made
(People vs. Dequina. 60 Phil. 279 People vs.
3. Nighttime
Miranda, et at.cannot
90 Phil.be appreciated because
91).
there is no showing that the accused
deliberately sought or availed of nighttime
to insure the success of his act. The
Intention to commit the crime was
conceived shortly before its commission
(People vs Pardo. 79 Phil, 568). Moreover,
4. UNLAWFUL
nighttime ENTRYin
is absorbed may be appreciated
treachery.
as an aggravating circumstance, inasmuch
as the accused entered the room of the
victim through the window, which is not the
proper place for entrance into the house
(Art. 14. par. 18. Revised Penal Code, People vs.
ALTERNATIVE
Baruga 61 Phil. 318).

CIRCUMSTANCES
Alternative Circumstances; Intoxication
(2002)
A was invited to a drinking spree by friends.
After having had a drink too many, A and B
had a heated argument, during which A
stabbed B. As a result, B suffered serious
physical injuries. May the intoxication of A
SUGGESTED ANSWER:
be considered aggravating or mitigating?
The
(5%) intoxication of A may be prima facie
considered mitigating since it was merely
Aggravating; Treachery & Unlawful Entry incidental to the commission of the crime. It
(1997)
The accused and the victim occupied may not be considered aggravating as there
adjacent apartments, each being a separate is no clear indication from the facts of the
dwelling unit of one big house. The accused case that it was habitual or intentional on the
suspected his wife of having an illicit relation part of A. Aggravating circumstances are not
with the victim. One afternoon, he saw the to be presumed; they should be proved
victim and his wife together on board a PERSONS
beyond Criminally
reasonable doubt Liable for
vehicle. In the evening of that day, the FELONIES
accused went to bed early and tried to sleep,
but being so annoyed over the suspected Anti-Fencing Law; Fencing
relation between his wife and the victim, he (1996)
Flora, who was engaged in the purchase and
could not sleep. Later in the night, he sale of jewelry, was prosecuted for the
resolved to kill victim. He rose from bed and violation of P.D. 1612, otherwise known as
took hold of a knife. He entered the the Anti-Fencing Law, for having been found
apartment of the victim through an unlocked to be in possession of recently stolen
window. Inside, he saw the victim soundly Jewelry valued at P100,000.00 at her
asleep. He thereupon stabbed the victim, jewelry shop at Zapote
inflicting several wounds, which caused his
death within a few hours.
Criminal Law Bar Examinat
ion Q & A (1994-2006)
26 of 86
Road, Las Pinas, Metro Manila. She testified 1 accused, who is not a principal or
during the trial that she merely bought the accomplice in the crime, buys, receives,
same from one named Cecilino and even possesses, keeps, acquires, conceals, or
produced a receipt covering the sale. disposes, or buys and sells, or in any manner
Cecilino, in the past, used to deliver to her deals in any article, item , object or anything
jewelries for sale but is presently nowhere of value, which has been derived from the
to be found. Convicted by the trial court for proceeds of said crime;
violation of the Anti-Fencing Law, she 2 the accused knows or should have
argued (or her acquittal on appeal, known that said article, item, object or
contending that the prosecution failed to anything of value has been derived from the
SUGGESTED ANSWER:
prove that she knew or should have known from the proceeds of the crime of robbery or
No, Flora's defense is not well-taken because
that the Jewelries recovered from her were theft; and
mere possession of any article of value which
the proceeds of the crime of robbery or 3 there is on the part of the accused,
has been the subject of theft or robbery shall
theft. intent to gain for himself or for another.
be prima facie evidence of fencing (P.D.No.
1612). The burden is upon the accused to
prove that she acquired the jewelry
legitimately. Her defense of having bought
the Jewelry from someone whose
whereabouts is unknown, does not overcome
the presumption of fencing against her
(Pamintuan vs People, G.R 111426, 11 July
1994). Buying personal property puts the
buyer on caveat because of the phrases that
he should have known or ought to know that
it is the proceed from robbery or theft.
Besides,
Anti-Fencing she
Law; should
Fencing vs.have
Theft followed
or Robbery the
administrative
(1995) procedure under the decree
What is the difference between a fence and
that of getting a clearance from the
an accessory to theft or robbery? Explain.
authorities in case the dealer is unlicensed in
Is there any similarity between them?
order to escape
SUGGESTED ANSWER:liability.
One difference between a fence and an
accessory to theft or robbery is the penalty
involved; a fence is punished as a principal
under P.D. No. 1612 and the penalty is
higher, whereas an accessory to robbery or
theft under the Revised Penal Code is
punished two degrees lower than the
principal, unless he bought or profited from
the proceeds of theft or robbery arising from
robbery in Philippine highways under P.D.
No. 532 where he is punished as an
Also, fencing
accomplice, is a the
hence malum prohibitum
penalty and
is one degree
therefore
lower. there is no need to prove criminal
intent of the accused; this is not so in
SUGGESTED
violations ofANSWER:
Revised Penal Code.
Yes, there is a similarity in the sense that all
the acts of one who is an accessory to the
crimes of robbery or theft are included in
the acts defined as fencing. In fact, the
accessory in the crimes of robbery or theft
could be prosecuted as such under the
Revised Penal Code or as a fence under P.D.
No. 1612. (Dizon-Pamintuan vs. People, 234
Anti-Fencing
SCRA 63]
Law; Fencing; Elements
(1995)
What are the elements of
fencing?
SUGGESTED ANSWER:
The elements of fencing are:
a. a crime of robbery or theft has been
committed;
Criminal Liability; Accessories & Fence
(1998)
King went to the house of Laura who was
alone. Laura offered him a drink and after
consuming three bottles of beer. King made
advances to her and with force and violence,
ravished her. Then King killed Laura and
took her jewelry.
Doming, King's adopted brother, learned
about the incident. He went to Laura's
house, hid her body, cleaned everything and
washed the bloodstains inside the room.
Later, King gave Jose, his legitimate brother,
one piece of jewelry belonging to Laura.
Jose knew that the jewelry was taken from
Laura but nonetheless he sold it for P2,000.

What crime or crimes did King, Doming and


Jose commit? Discuss their criminal
SUGGESTED
liabilities. ANSWER:
[10%]
King committed the composite crime of
Rape with homicide as a single indivisible
offense, not a complex crime, and Theft. ...

Doming's acts, having been done with


knowledge of the commission of the crime
and obviously to conceal the body of the
crime to prevent its discovery, makes him an
accessory to the crime of rape with
homicide under Art. 19, par. 2 of the Rev.
Penal Code, but he is exempt from criminal
liability therefor under Article 20 of the
Jose
Code,incurs
being criminal liability
an adopted either ofas the
brother an
accessory
principal. to the crime of theft committed by
King, or as fence. Although he is a
legitimate brother of King, the exemption
under Article 20 does not include the
participation he did, because he profited
from the effects of such theft by selling the
jewelry knowing that the same was taken
from Laura. Or Jose may be prosecuted for
fencing under the Anti-Fencing Law of 1979
(PD No. 1612) since the jewelry was the
Criminal
proceedsLiability;
of theftNon-Exemption
and with intentas Accessory
to gain, he
(2004)
DCB,
received it from King and sold it. stole the
the daughter of MCB,
earrings of XYZ, a stranger. MCB pawned
the earrings with TBI Pawnshop as a pledge
for P500 loan. During the trial, MCB raised
the defense that being the mother of DCB,
she cannot be
Criminal Law Bar Examination Q & A (1994-2006)
27 of 86
held liable as an accessory. Will MCB's because he also had his own long-standing
defense prosper? Reason briefly. (5%) grudge against C, who had wronged him in
SUGGESTED ANSWER: the past. If C is killed by B, would A be
No, MCB's defense will not prosper because SUGGESTED
liable as a ANSWER:
principal by inducement? (5%)
the exemption from criminal liability of an No. A would not be liable as a principal by
accessory by virtue of relationship with the inducement because the reward he promised
principal does not cover accessories who B is not the sole impelling reason which
themselves profited from or assisted the made B to kill C. To bring about criminal
offender to profit by the effects or proceeds liability of a co-principal, the inducement
of the crime. This non-exemption of an made by the inducer must be the sole
accessory, though related to the principal of consideration which caused the person
the crime, is expressly provided in Art. 20 of induced to commit the crime and without
Criminal Liability;
the Revised Principal
Penal by Direct Participation;
Code. which the crime would not have been
Co-Principal by Indispensable Cooperation (2000) committed. The facts of the case indicate
Despite the massive advertising campaign in that B, the killer supposedly induced by A,
media against firecrackers and gun-firing Criminal
had hisLiability; Principal;
own reason to Inducement
kill C out &of a long
during the New Year's celebrations, Jonas Participation (1994)
standing grudge.
and Jaja bought ten boxes of super lolo and Tata owns a three-storey building located at
pla-pla in Bocaue, Bulacan. Before midnight No. 3 Herran Street. Paco, Manila. She
of December 31, 1999, Jonas and Jaja started wanted to construct a new building but had
their celebration by having a drinking spree no money to finance the construction. So, she
at Jona's place by exploding their high- insured the building for P3,000,000.00. She
powered firecrackers in their neighborhood. then urged Yoboy and Yongsi, for monetary
In the course of their conversation, Jonas consideration, to burn her building so she
confided to Jaja that he has been keeping a could collect the insurance proceeds. Yoboy
long-time grudge against his neighbor Jepoy and Yongsi burned the said building resulting
SUGGESTED ANSWER:
in view of the latter's refusal to lend him to its total loss. What is their respective
Tata is a principal by inducement because
some money. While under the influence of criminal liability?
she directly induced Yoboy and Yongsi, for a
liquor, Jonas started throwing lighted super price or monetary consideration, to commit
lolos inside Jepoy's fence to irritate him and arson which the latter would not have
the same exploded inside the latter's yard. committed were it not for such reason.
Upon knowing that the throwing of the super Yoboy and Yongsi are principals by direct
lolo was deliberate, Jepoy became furious participation (Art. 17, pars. 21 and 3, RPC).
and sternly warned Jonas to stop his Destructive Arson
malicious act or he would get what he (1994)
Tata owns a three-storey building located at
wanted. A heated argument between Jonas No. 3 Herran Street. Paco, Manila. She
and Jepoy ensued but Jaja tried to calm down wanted to construct a new building but had
his friend. At midnight, Jonas convinced Jaja no money to finance the construction. So, she
to lend him his .45 caliber pistol so that he insured the building for P3,000,000.00. She
could use it to knock down Jepoy and to end then urged Yoboy and Yongsi, for monetary
his arrogance. Jonas thought that after all, consideration, to burn her building so she
explosions were everywhere and nobody could collect the insurance proceeds. Yoboy
would know who shot Jepoy. After Jaja lent and Yongsi burned the said building resulting
SUGGESTED ANSWER:
his firearm to Jonas, the latter again started to its total loss. What crime did Tata, Yoboy
Tata, Yoboy and Yongsi committed the crime
started throwing lighted super lolos and pla- and Yongsi commit?
SUGGESTED ANSWER: of destructive arson because they
plas at Jepoy's yard in order to provoke him
Isowould convict collectively caused the destruction of
that he wouldJonas comeas outprincipal by direct
of his house.
participation and Jaja as co-principal by property by means of fire under the
When Jepoy came out, Jonas immediately
Indispensable cooperation for the complex circumstances which exposed to danger the
shot him with Jaja's .45 caliber gun but
crime life or property of others (Art, 320, par. 5, RPC.
missedofhismurder
target.with homicide.
Instead, Jaja should
the bullet hit
be as amended by RA No. 7659).
Jepoy's five year old son who was not
held liable as co-principal and only as
following
an accomplice because he knew of
behind him, killing the boy instantaneously, If Jonas' PENALTIES
criminal
you weredesign
the Judge,evenhow before he lent
would you his
decide
firearm to Jonas and still he concurred in Complex Crime vs. Compound Crime
the case? Explain. (1%)
that criminal design by providing the (2004)
Distinguish clearly but briefly: Between
Criminal
firearm.Liability; Principal by Inducement compound and complex crimes as concepts
(2002)
A asked B to kill C because of a grave in the Penal
SUGGESTED Code.
ANSWER:
injustice done to A by C. A promised B a COMPOUND CRIMES result when the
reward. B was willing to kill C, not so much offender committed only a single felonious
because of the reward promised to him but act from which two or
Criminal Law Bar Examination Q & A (1994-2006)
28 of 86
more crimes resulted. This is provided for in Aberratio ictus or mistake in the blow
modified form in the first part of Article 48, occurs when a felonious act missed the
Revised Penal Code, limiting the resulting person against whom it was directed and hit
crimes to only grave and/or less grave instead somebody who was not the intended
felonies. Hence, light felonies are excluded victim. Error in personae, or mistake in
even though resulting from the same single identity occurs when the felonious act was
COMPLEX
act. CRIMES result when the directed at the person intended, but who
offender has to commit an offense as a turned out to be somebody else. Aberratio
necessary means for committing another ictus brings about at least two (2) felonious
offense. Only one information shall be filed consequence, ie. the attempted felony on the
and if proven, the penalty for the more intended victim who was not hit and the
serious crime shall be imposed. felony on the unintended victim who was hit.
Complex Crime vs. Special Complex Crime vs.
A complex crime of the first form under Art.
Delito Continuado (2005) Complex Crime; Aberratio Ictus, Error In Personae
48, RPC generally result. In error in
Distinguish the following from each & Praeter Intentionem (1999)
personae only one crime is committed
other:
SUGGESTED ANSWER: What do you understand by aberratio ictus:
An ORDINARY COMPLEX CRIME is made error in personae; and praeter intentionem?
up of two or more crimes being punished in Do they alter the criminal liability of an
distinct provisions of the Revised Penal Code SUGGESTED ANSWER: (4%)
accused? Explain.
but alleged in one information either ABERRATIO ICTUS or mistake in the blow
because they were brought about by a single occurs when the offender delivered the blow
felonious act or because one offense is a at his intended victim but missed, and
necessary means for committing the other instead such blow landed on an unintended
offense or offenses. They are alleged in one victim. The situation generally brings about
information so that only one penalty shall be complex crimes where from a single act, two
imposed. As to penalties, ordinary complex or more grave or less grave felonies
crime, the penalty for the most serious resulted, namely the attempt against the
A SPECIAL
crime COMPLEX
shall be imposedCRIME,
and in its on maximum
the other intended victim and the consequence on the
hand,
period is made up of two or more crimes unintended victim. As complex crimes, the
which are considered only as components of penalty for the more serious crime shall be
a single indivisible offense being punished in the one imposed and in the maximum
one provision of the Revised Penal Code. As period. It is only when the resulting felonies
to penalties, special complex crime, only one are only light that complex crimes do not
penalty is specifically prescribed for all the ERROR IN PERSONAE or mistake in
result and the penalties are to be imposed
component crimes which are regarded as identity occurs when the offender actually
distinctly for each resulting crime.
one indivisible offense. The component hit the person to whom the blow was
crimes are not regarded as distinct crimes directed but turned out to be different from
and so the penalty for the most serious and not the victim intended. The criminal
crime is not the penalty to be imposed nor in liability of the offender is not affected,
its maximum period. It is the penalty unless the mistake in identity resulted to a
specifically provided for the special complex crime different from what the offender
DELITO CONTINUADO, or CONTINUOUS intended to commit, in which case the lesser
crime that shall be applied according to the
CRIME, is a term used to denote as only one penalty between the crime intended and the
rules on imposition of the penalty.
crime a series of felonious acts arising from a crime committed shall be imposed but in the
single criminal resolution, not susceptible of PRAETER INTENTIONEM or where the
maximum period (Art. 49, RFC).
division, which are carried out in the same consequence went beyond that intended or
place and at about the same time, and expected. This is a mitigating circumstance
violating one and the same penal provision. (Art. 13. par. 3, RPC) when there is a
The acts done must be impelled by one notorious disparity between the act or
criminal intent or purpose, such that each act means employed by the offender and the
merely constitutes a partial execution of a resulting felony, i,e., the resulting felony
particular crime, violating one and the same could not be reasonably anticipated or
penal provision. It involves a concurrence of foreseen by the of fender from the act or
Complex Crime; Aberratio
means employed by him.Ictus; Attempted Murder
felonious acts violating a common right, a
with Homicide (2000)
common penal Aberratio
Complex Crime; provision, andvs.Impelled
ictus error in by a Despite the massive advertising campaign in
single criminal
personae (1994) impulse (People vs. Ledesma, 73
media against firecrackers and gun-firing
SCRA 77).
Distinguish aberratio ictus from error in during the New Year's celebrations, Jonas
personae. ANSWER:
SUGGESTED and Jaja bought ten boxes of super lolo and
pla-pla in Bocaue, Bulacan. Before midnight
of December 31, 1999, Jonas and Jaja started
their
Criminal Law Bar Examination Q & A (1994-2006)
29 of 86
celebration by having a drinking spree at Complex Crimes; Coup detat & rebellion &
Jona's place by exploding their high-powered sedition (2003)
firecrackers in their neighborhood. In the 1) Can there be a complex crime of coup
course of their conversation, Jonas confided d'etat with rebellion? 2% 2) Can there be a
to Jaja that he has been keeping a long-time complex crime of coup d'etat with sedition?
grudge against his neighbor Jepoy in view of 2%
the latter's refusal to lend him some money. SUGGESTED ANSWER:
While under the influence of liquor, Jonas 1) Yes, if there was conspiracy between
started throwing lighted super lolos inside the offender/ offenders committing the coup
Jepoy's fence to irritate him and the same d'etat and the offenders committing the
exploded inside the latter's yard. Upon rebellion. By conspiracy, the crime of one
knowing that the throwing of the super lolo would be the crime of the other and vice
was deliberate, Jepoy became furious and versa. This is possible because the offender
sternly warned Jonas to stop his malicious in coup d'etat may be any person or persons
act or he would get what he wanted. A belonging to the military or the national
heated argument between Jonas and Jepoy police or a public officer, whereas rebellion
ensued but Jaja tried to calm down his friend. does not so require. Moreover, the crime of
At midnight, Jonas convinced Jaja to lend him coup d'etat may be committed singly,
his .45 caliber pistol so that he could use it to whereas rebellion requires a public uprising
knock down Jepoy and to end his arrogance. and taking up arms to overthrow the duly
Jonas thought that after all, explosions were constituted government. Since the two
everywhere and nobody would know who crimes are essentially different and punished
shot Jepoy. After Jaja lent his firearm to with distinct penalties, there is no legal
2) Yes, coup d'etat can be complexed
Jonas, the latter again started throwing impediment to the application of Art. 48 of
with sedition because the two crimes are
lighted super lolos and pla-plas at Jepoy's the Revised Penal Code.
essentially different and distinctly punished
yard in order to provoke him so that he under the Revised Penal Code. Sedition may
would come
SUGGESTED out of his house. When Jepoy
ANSWER: not be directed against the Government or
Jonas and Jaja,
came out, Jonascan be charged
immediately with
shot himthewith non-political in objective, whereas coup d'etat
complex crime of attempted murder
Jaja's .45 caliber gun but missed his target. with is always political in objective as it is directed
homicide
Instead, the bullet hit Jepoy's five yearaold
because a single act caused less against the Government and led by persons
grave and a grave felony (Art. 48.
son who was following behind him, killing RPC). or public officer holding public office
Attempted murder is a less
the boy instantaneously, gravecrime
a) What felony,or belonging to the military or national police.
while
crimesconsummated
can Jonas andhomicide is a grave
Jaja be charged with? ALTERNATIVE ANSWER:
Art. 48 of the Code may apply under the
felony: The crime of coup d'etat cannot be
Explain.both
(2%)are punishable by afflictive conditions therein provided.
penalties. complexed with the crime of rebellion
Complex Crime; Doctrine of Aberratio Ictus; because both crimes are directed against the
Not Applicable (1996) Government or for political purposes,
At the height of an altercation, Pedrito shot although the principal offenders are
Paulo but missed, hitting Tiburcio instead, different. The essence may be the same and
resulting in the death of the latter. Pedrito, thus constitute only one crime. In this
invoking the doctrine of aberratio ictus, situation, the two crimes are not distinct and
claims exemption from criminal liability. If therefore, may not be proper to apply Article
SUGGESTED
you were the ANSWER:
judge, how would you decide Complex Crimes;
48 of the Code. Determination of the Crime
If I were
the case? the Judge, I will convict Pedrito and (1999)
A, actuated by malice and with the use of a
find him guilty of the complex crime of fully automatic M-14 sub-machine gun, shot a
Homicide with Attempted Homicide. The group of persons who were seated in a
single act of firing at Paulo resulted in the cockpit with one burst of successive,
commission of two felonies, one grave continuous, automatic fire. Four (4) persons
(homicide) and the other less grave were killed thereby, each having hit by
(attempted homicide) thus falling squarely different bullets coming from the sub-
under Art. 48, RPC; hence, the penalty machine gun of A. Four (4) cases of murder
would be for the more serious crime were filed against A. The trial court ruled
Aberratio
(homicide}ictus (mistake
in its maximum in the blow)
period (17could
years that there was only one crime committed by
not be used as a defense
4 months and 1 day to 20 years). as it is not an A for the reason that, since A performed only
exempting circumstance. Pedrito is liable one act, he having pressed the trigger of his
under the principle of Art. 4, RPC, which gun only once, the crime committed was
makes a person criminally liable for all the murder. Consequently, the trial judge
natural and logical consequences of his SUGGESTED ANSWER:
sentenced A to just one penalty of reclusion
felonious act perpetua. Was the decision of the trial judge
correct? Explain. (4%)
Criminal Law Bar Examination Q & A (1994-2006)
30 of 86
The decision of the trial judge is not correct. the penalty specifically provided for the
When the offender made use of an automatic special complex crime that shall be applied
firearm, the acts committed are determined according to the rules on imposition of the
by the number of bullets discharged penalty.
inasmuch as the firearm being automatic, Continuing Offense vs. Delito Continuado
the offender need only press the trigger (1994)
Differentiate delito continuado from a
once and it would fire continually. For each continuing offense.
death caused by a distinct and separate SUGGESTED ANSWER:
DELITO CONTINUADO, or CONTINUOUS
bullet, the accused incurs distinct criminal
CRIME, is a term used to denote as only one
liability. Hence, it is not the act of pressing
crime a series of felonious acts arising from a
the trigger which should be considered as
single criminal resolution, not susceptible of
producing the several felonies, but the
Complex Crimes; Nature & Penalty Involved division, which are carried out in the same
number of bullets which actually produced
(1999)
What place and at about the same time, and
them. constitutes a complex crime? How
many crimes maybe involved in a complex violating one and the same penal provision.
crime? What is the penalty therefor? (4%) The acts done must be impelled by one
SUGGESTED ANSWER: criminal intent or purpose, such that each act
A complex crime is constituted when a merely constitutes a partial execution of a
single act caused two or more grave or less particular crime, violating one and the same
grave felonies or when an offense is penal provision. It involves a concurrence of
committed as a necessary means to commit felonious acts violating a common right, a
another offense (Art. 48, RPC). At least two common
On the penal
otherprovision, andCONTINUING
impelled by a
(2) crimes are involved in a complex crime; hand, a
single criminal impulse (People vs. Ledesma, 73
OFFENSE is one whose essential ingredients
either two or more grave or less grave SCRA 77).
felonies resulted from a single act, or an took place in more than one municipality or
offense is committed as a necessary means city, so much so that the criminal
for committing another. The penalty for the prosecution may be instituted and the case
more serious crime shall be imposed and in tried in the competent court of any one of
Complex Crimes; Ordinary The
such term "CONTINUED
or city. CRIME" or delito
its maximum period. (Art.Complex Crime vs.
48, RPC) municipality
Special Complex Crime (2003) continuado mandates that only one
Distinguish between an ordinary complex information should be filed against the
crime and a special complex crime as to offender although a series of felonious acts
their concepts and as to the imposition of were performed; the term "continuing
SUGGESTED
penalties. ANSWER:
2% crime" is more pertinently used with
IN CONCEPT - reference to the venue where the criminal
An ORDINARY COMPLEX CRIME is made Death
action mayPenalty
be instituted.
up of two or more crimes being punished in (2004)
A. The death penalty cannot be inflicted
distinct provisions of the Revised Penal Code under which of the following circumstances:
but alleged in one Information either 1) When the guilty person is at least 18
because they were brought about by a single the
yearstime of the
of age at commission of the crime. 2)
felonious act or because one offense is a When the guilty person is more than 70
necessary means for committing the other years of age. 3) When, upon appeal to or
offense or offenses. They are alleged in one Supreme
automaticCourt,
reviewtheby required
the majority for the
Information so that only one penalty shall be imposition of the death penalty is not
A SPECIAL COMPLEX CRIME, on the other
imposed. obtained. 4) When the person is convicted of
hand, is made up of two or more crimes a capital crime but before execution
which are considered only as components of becomes insane. 5) When the accused is a
a single indivisible offense being punished woman while she is pregnant or within one
in one provision of the Revised Penal Code. year after delivery. Explain your answer or
AS TO PENALTIES -In ORDINARY SUGGESTED ANSWER:
choice briefly. (5%)
COMPLEX CRIME, the penalty for the most A. Understanding the word "inflicted" to
serious crime shall be imposed and in its mean the imposition of the death penalty,
maximum period. not its execution, the circumstance in which
the death penalty cannot be inflicted is no.
In SPECIAL COMPLEX CRIME, only one 2: "when the guilty person is more than 70
penalty is specifically prescribed for all the years of age" (Art. 47, Revised Penal Code).
component crimes which are regarded as Instead, the penalty shall be commuted to
one indivisible offense. The component reclusion perpetua, with the accessory
crimes are not regarded as distinct crimes In circumstance
penalties provided no. 1 when
in Article the guilty
40, RFC.
and so the penalty for the most serious person is at least 18 years of age at the time
crime is not the penalty to be imposed nor in of the commission of the
its maximum period. It is
Criminal Law Bar Examination Q & A (1994-2006)
31 of 86
crime, the death penalty can be imposed or date of birth of the offended party
since the offender is already of legal age pursuant to Section 40, Rule 130 of the
when he committed the crime. Rules on Evidence shall be sufficient but
only under the following circumstances:
Circumstance no. 3 no longer operates, (a) If the victim is alleged to be below 3
considering the decision of the Supreme years of age and what is sought to be
Court in People vs. Efren Mateo (G.R. proved is that she is less than 7 years old;
147678-87, July 7, 2004) providing an (b) If the victim is alleged to be below 7
intermediate review for such cases where years of age and what is sought to be
the penalty imposed is death, reclusion proved is that she is less than 12 years
perpetua or life imprisonment before they old; (c) If the victim is alleged to be below
In
arecircumtances
elevated to the nos. 4 & 5, the
Supreme death
Court. In theof
4) 12 years absence
age andofwhat
a certificate
is soughtoftolive
be
penalty can be imposed if prescribed by the birth, authentic document, or
proved is that she is less thanthe 18
testimony
years
law violated although its execution shall be of the
old.victim's mother or relatives concerning
suspended when the convict becomes the victim's age under the circumstances
insane before it could be executed and while above-stated, complainant's sole testimony
Likewise, the death penalty can be imposed
he is insane. can suffice, provided that it is expressly and
upon a woman but its execution shall be clearly admitted by the accused (People us.
suspended during her pregnancy and for Pruna, 390 SCRA 577 [2002]).
ALTERNATIVE
one year afterANSWER:
her delivery. Habitual Delinquency & Recidivism
The word "INFLICTED" is found only in Art. (2001)
Juan de Castro already had three (3) previous
83 to the effect that the death penalty may convictions by final judgment for theft when
not be "INFLICTED" upon a pregnant he was found guilty of Robbery with
woman, such penalty is to be suspended. If Homicide. In the last case, the trial Judge
"INFLICTED" is to be construed as considered against the accused both
"EXECUTION", then No. 5 is the choice. recidivism and habitual delinquency. The
Death Penalty; Qualified Rape; Requisites accused appealed and contended that in his
(2004)
GV was convicted of raping TC, his niece, last conviction, the trial court cannot
and he was sentenced to death. It was consider against him a finding of recidivism
alleged in the information that the victim SUGGESTED ANSWER:
and, again, of habitual delinquency. Is the
was a minor below seven years old, and her No, the appeal is not meritorious. Recidivism
appeal meritorious? Explain. (5%)
mother testified that she was only six years and habitual delinquency are correctly
and ten months old, which her aunt considered in this case because the basis of
corroborated on the witness stand. The recidivism is different from that of habitual
information also alleged that the accused delinquency. Juan is a recidivist ... Habitual
On
wasautomatic review
the victim's uncle,before
a factthe Supreme
proved by the delinquency, which brings about an
Court, accused-appellant
prosecution. contends that additional penalty when an offender is
capital punishment could not be imposed on convicted a third time or more for specified
him because of the inadequacy of the crimes, is correctly considered because Juan
charges and the insufficiency of the evidence had already three (3) previous convictions by
to prove all the elements of the heinous final judgment for theft and again convicted
crime of rape beyond reasonable doubt. Is for Robbery With Homicide. And the crimes
SUGGESTED
appellant'sANSWER:
contention correct? Reason specified as basis for habitual delinquency
Yes, appellant's contention is correct insofar Indeterminate Sentence Law
briefly. (5%) includes, inter alia, theft and robbery.
as the age of the victim is concerned. The (1994)
Itos was convicted of an offense penalized
age of the victim raped has not been proved by a special law. The penalty prescribed is
beyond reasonable doubt to constitute the not less than six years but not more than
crime as qualified rape and deserving of the twelve years. No modifying circumstance
death penalty. The guidelines in attended the commission of the crime. If
appreciating age as a qualifying you were the judge, will you apply the
birth certificate;
circumstance 2) Incases
in rape the absence
have not of been
the Indeterminate Sentence Law? If so, how will
birth
met, tocertificate,
wit: 1) The age of the evidence of the
primary SUGGESTED
you apply it?ANSWER:
agevictim
of the maybe
victim isproven
her by authentic document, If I were the judge, I will apply the
as baptismal
such certificate and school records; provisions of the Indeterminate Sentence
3) If the aforesaid documents are shown to Law, as the last sentence of Section 1 Act
havelost or destroyed or otherwise unavailable, the
been 4103, specifically provides the application
testimony, if clear and credible of the victim's thereof for violations of special laws.
mother or any member of the family, by Under the same provision, the minimum
consanguinity or affinity, who is qualified to must not be less than the minimum provided
on matters respecting pedigree such as the
testify therein (six years and one day) and the
exact age maximum shall not be more than the
Criminal Law Bar Examination Q & A (1994-2006)
32 of 86
maximum provided therein, i.e. twelve The purpose of the law in fixing the
years. (People vs. Rosalina Reyes, 186 SCRA minimum term of the sentence is to set the
184) grace period at which the convict may be
Indeterminate Sentence Law released on parole from imprisonment,
(1999)
Andres is charged with an offense defined by unless by his conduct he is not deserving of
a special law. The penalty prescribed for the parole and thus he shall continue serving his
offense is imprisonment of not less than five prison term in Jail but in no case to go
(5) years but not more than ten [10) years. beyond the maximum term fixed in the
Upon arraignment, he entered a plea of Indeterminate
sentence. Sentence Law
guilty. In the imposition of the proper penalty, (2005)
Harold was convicted of a crime defined and
should the Indeterminate Sentence Law be penalized by a special penal law where the
applied? If you were the Judge trying the imposable penalty is from 6 months, as
SUGGESTED ANSWER: minimum, to 3 years, as maximum.
case, what penalty would you impose on
Yes, the Indeterminate Sentence Law should State with reasons whether the court may
Andres? (4%)
be applied because the minimum correctly impose the following penalties:
imprisonment is more than one (1) year. a) a straight penalty of 10
SUGGESTED ANSWER:
months;
If I were the Judge, I will impose an Yes, because the penalty is less than one
indeterminate sentence, the maximum of year, a straight penalty may be imposed.
which shall not exceed the maximum fixed (People v. Arellano, G.R. No, 46501, October 5,
by law and the minimum shall not be less ALTERNATIVE
1939) ANSWER:
than the minimum penalty prescribed by the Under the Indeterminate Sentence Law, the
same. I have the discretion to impose the minimum imposable penalty shall be
penalty within the said minimum and imposed but the maximum shall not exceed
Indeterminate
maximum. Sentence Law the maximum imposable by law.
(1999)
A was convicted of illegal possession of b) 6 months, as minimum, to 11 months,
grease guns and two Thompson sub-machine as maximum;
SUGGESTED ANSWER:
guns punishable under the old law [RA No,4]
No, because Indeterminate Sentence Law
with imprisonment of from five (5) to ten
does not apply when the penalty imposed is
(10) years. The trial court sentenced the
less than one year (Sec. 2, Art. 4103, as
accused to suffer imprisonment of five (5)
SUGGESTED amended).
years and ANSWER:
one (1) day. Is the penalty thus
Indeterminate Sentence c) a straight penalty of 2 years.
imposed correct? Explain.Law(3%)does not apply
SUGGESTED ANSWER:
to: The penalty imposed, being only a straight (5%)
No, because the Indeterminate Sentence
penalty, is not correct because it does not
Law will apply when the minimum of the
comply with the Indeterminate Sentence Law
penalty exceeds
ALTERNATIVE one year.
ANSWER.
which applies to this case. Said law requires If the imposition of straight penalty which
that if the offense is punished by any law consists of the minimum period of the
other than the Revised Penal Code, the court penalty prescribed by law, then it may be
shall sentence the accused to an allowed because it favors the accused.
indeterminate sentence, the maximum term Indeterminate Sentence Law; Exceptions
of which shall not exceed the maximum (1999)
Under what circumstances is the
penalty fixed by the law and the minimum Indeterminate Sentence Law not
Indeterminate Sentence
shall not be less Law minimum penalty
than the applicable?
SUGGESTED (2%)
ANSWER:
(2002)
How
prescribed by the same. and the minimum
are the maximum 1) Persons convicted of offenses punished
terms of the indeterminate sentence for with death penalty or life imprisonment; 2)
offenses punishable under the Revised Penal Those convicted of treason, conspiracy or
SUGGESTED ANSWER: (3%)
Code determined? proposal to commit treason; 3) Those
For crimes punished under the Revised Penal
convicted of misprision of treason, rebellion,
Code, the maximum term of the sedition or espionage; 4) Those convicted of
Indeterminate sentence shall be the penalty piracy; 5) Those who are habitual
properly imposable under the same Code delinquents; 6) Those who shall have
after considering the attending mitigating escaped from confinement or
and/or aggravating circumstances according evaded sentence; 7) Those who violated the
to Art, 64 of said Code. The minimum term of terms of conditional pardon granted to
the same sentence shall be fixed within the them by the Chief Executive; 8) Those
range of the penalty next lower in degree to whose maximum term of imprisonment does
Under the law,forwhat
that prescribed is the
the crime purpose
under for
the said not exceed one year;
fixing
Code. the maximum and the minimum
terms of the indeterminate sentence?
SUGGESTED ANSWER:
(2%)
Criminal Law Bar Examination Q & A (1994-2006)
33 of 86
9) Those who, upon the approval of the No. A fine, whether imposed as a single or
law (December 5, 1933). had been sentenced as an alternative penalty, should not and
by final Judgment; cannot be reduced or converted into a
10) Those sentenced to the penalty of prison term. There is no rule for
destierro or suspension. transmutation of the amount of a fine into a
term of imprisonment. (People v. Dacuycuy,
Indeterminate Sentence Law; Exceptions G.R. No. L-45127 May 5, 1989)
(2003)
When would the Indeterminate Sentence Penalties: Pecuniary Penalties vs. Pecuniary
Law be inapplicable? 4% Liabilities (2005)
SUGGESTED ANSWER: Distinguish pecuniary penalties from
The Indeterminate Sentence Law is not pecuniary liabilities. (2%)
1) those
applicable to:persons convicted of offenses SUGGESTED ANSWER:
punished with death penalty or life- Pecuniary liabilities do not include
imprisonment or reclusion perpetua; restitution, but include reparation of
2) those convicted of treason, conspiracy or damages caused, the indemnification for
proposal to commit treason; 3) those consequential damages, as well as fines and
convicted of misprision of treason, rebellion, cost of the proceedings.
sedition or espionage; 4) those convicted of Pecuniary penalties include fines and cost of
piracy; 5) those who are habitual the proceedings.
delinquents; 6) those who shall have
escaped from confinement or Penalties; Complex Crime of Estafa
evaded sentence; (1997)
A was convicted of the complex crime of
7) those who having been granted estafa through falsification of public
conditional pardon by the Chief Executive document. Since the amount Involved did
shall have violated the terms thereof; not exceed P200.00, the penalty prescribed
8) those whose maximum term of by law for estafa is arresto mayor in its
imprisonment does not exceed one year; 9) medium and maximum periods. The penalty
those already sentenced by final judgment prescribed by law for falsification of public
at the time of approval of this Act; and 10) document is prision mayor plus fine not to
those whose sentence imposes penalties SUGGESTED ANSWER:
exceed P5,000.00. Impose the proper prison
which do not involve imprisonment, like The proper penalty is ANY RANGE WITHIN
penalty.
destierro. prision correccional (six (6) months and one
Penalties: Fine or Imprisonment vs. (1) day to six (6) years) as MINIMUM, to
Subsidiary Imprisonment (2005) ANY RANGE within prision mayor maximum
E and M are convicted of a penal law that (ten (10) years and one (1) day to twelve (12)
imposes a penalty of fine or imprisonment or years) as MAXIMUM. This is in accordance
both fine and imprisonment. The judge with People us, Gonzales, 73 Phil, 549,
sentenced them to pay the fine, jointly and where It was ruled that for the purpose of
severally, with subsidiary imprisonment in determining the penalty next lower in
case of insolvency. Is the penalty proper? degree, the penalty that should be
SUGGESTED
Explain. ANSWER: considered as a starting point is the whole of
The penalty is not proper. The two accused
prision mayor, it being the penalty
must separately pay the fine, which is their
prescribed by law, and not prision mayor in
penalty. Solidary liability applies only to civil
ALTERNATIVE its maximum period, which is only the
liabilities. ANSWER:
NO, because in penal law when there are penalty actually applied because of Article
several offenders, the court in the exercise of 48 of the Factors
Penalties; Revisedto Penal Code. The penalty
Consider
its discretion shall determine what shall be next
(1991) lower in degree therefor is prision
Imagine that you are a Judge trying a case,
the share of each offender depending upon correccional and it is within the range of this
and based on the evidence presented and
the degree of participation as principal, penalty that the minimum should be taken.
the applicable law, you have decided on the
accomplice or accessory. If within each class (5)
guiltsteps you
of two (2)would follow
accused. to determine
Indicate the five the
of offender, there are more of them, such as exact penalty to be imposed. Stated
more than one principal or more than one differently, what are the factors you must
accomplice or accessory, the liability in each SUGGESTED
consider toANSWER:
arrive at the correct penalty?
class of offender shall be subsidiary. Anyone 1 the crime committed;
of the may be required to pay the civil 2 Stage of execution and degree of
liability pertaining to such offender without participation;
May the judge
prejudice impose
to recovery anthose
from alternative
whose 3 Determine the penalty;
penalty
share of
have fine
been or imprisonment?
paid by another. 4 Consider the modifying
SUGGESTED(4%)
Explain. ANSWER:
circumstances;
5 Determine whether Indeterminate
Sentence Law is applicable or not.
Criminal Law Bar Examination Q & A (1994-2006)
34
of
86
two or more mitigating circumstances and no
Penalties; Homicide w/ Modifying Circumstance aggravating circumstances, the penalty next
(1995)
Homer was convicted of homicide. The trial lower in degree should be imposed. For
court appreciated the following modifying purposes of the Indeterminate Sentence Law,
circumstances: the aggravating circumstance the penalty next lower in degree should be
of nocturnity, and the mitigating determined without regard as to whether the
circumstances of passion and obfuscation, no basic penalty provided by the Revised Penal
intent to commit so grave a wrong, illiteracy Code should be applied in its maximum or
and voluntary surrender. The imposable minimum period as circumstances modifying
penalty for homicide is reclusion temporal liability may require. The penalty next lower
the range of which is twelve (12) years and in degree to prision correccional. Therefore,
one (1) day to twenty (20) years. Taking into as previously stated, the minimum should be
account the attendant aggravating and within the range of arresto mayor and the
mitigating circumstances, and applying the maximum is within the range of prision
SUGGESTED ANSWER: Penalties; Parricide w/ Mitigating Circumstance
Indeterminate
It appears thatSentence Law,
there is one determine the
aggravating correctional in its maximum period.
(1997)
A and B pleaded guilty to the crime of
proper
circumstance (nocturnity), andon
penalty to be imposed the accused.
four parricide. The court found three mitigating
mitigating circumstances (passion and circumstances, namely, plea of guilty, lack of
obfuscation, no intent to commit so grave a Instruction and lack of intent to commit so
wrong as that committed and voluntary grave a wrong as that committed. The
surrender). Par. 4, Art. 64 should be applied. prescribed penalty for parricide is reclusion
Hence there will be off-setting of modifying SUGGESTED
perpetua to ANSWER:
death. Impose the proper
circumstances, which will now result in the The proper penalty is reclusion perpetua.
principal penalty.
excess of three mitigating circumstances. Even if there are two or more mitigating
This will therefore justify in reducing the circumstances, a court cannot lower the
The existence
penalty to the of an aggravating
minimum period. penalty by one degree (Art. 63. par. 3,
circumstance, albeit there are four Revised Penal Code; People vs. Formigones,
aggravating, will not justify the lowering of 87 Phil. 685). In U.S. vs. Relador 60 Phil.
the penalty to the next lower degree under 593, where the crime committed was
paragraph 5 of said Article, as this is parricide with the two (2) mitigating
applicable only if THERE IS NO circumstances of illiteracy and lack of
AGGRAVATING CIRCUMSTANCE present. intention to commit so grave a wrong, and
Since the crime committed is Homicide and with no aggravating circumstance, the
the penalty therefor is reclusion temporal, Penalties;
SupremePreventive
Court heldImprisonment
that the proper, penalty
the MAXIMUM sentence under the (1994)
1) When is there preventive
to be imposed is reclusion perpetua. imprisonment?
Indeterminate Sentence Law should be the 2) When is the accused credited with the
minimum of the penalty, which is 12 years full time of his preventive imprisonment,
and 1 day to 14 years and 8 months. The and when is he credited with 4/5 thereof?
SUGGESTED ANSWER:
MINIMUM penalty will thus be the penalty 1) There is preventive imprisonment when
next lower in degree, which is prision mayor [a) an offender is detained while the
in its full extent (6 years and 1 day to 12 criminal case against him is being heard,
years). Ergo, the proper penalty would be 6 either because the crime committed is a
years and 1 day, as minimum, to 12 years capital offense and not bailable, or even if
and 1 day,
Penalties; as maximum.
Mitigating I believe
Circumstances w/out that the crime committed was bailable, the
because
AggravatingofCircumstance
the remaining
(1997)mitigating offender could not post the required bail for
circumstances after the off-setting
Assume in the preceding problem thatit would
there 2) An accusedliberty.
his provisional is credited with the full time
be
were two mitigating circumstances andof
very logical to impose the minimum no of his preventive imprisonment if he
the MINIMUM
aggravating sentence under
circumstance. the the
Impose ISL proper
and voluntarily agreed in writing to abide by the
the minimum
SUGGESTED
prison of the MAXIMUM sentence.
ANSWER:
penalty. rules of the institution imposed upon its
There being two (2) mitigating a) the penalty
prisoners, providedimposed
that: on him for the crime
circumstances without any aggravating committed consists of a deprivation of
circumstance, the proper prison penalty is b) he is not disqualified from such credit for
liberty;
(1) month
arresto and (in
mayor oneany
(1) of
dayitstoperiods,
six (6) months)
ie. a recidivist, or for having been previously
being
as MINIMUM
ranging from one to prision correccional in its convicted for two or more times of any
maximum period four (4) years, two (2) or for having failed to surrender voluntarily
crime,
months, and one (1) day to six (6) years as the execution of the sentence upon being so
for
MAXIMUM. Under Art. 64, par. 5 of the summoned (Art. 29, RPC).
Revised Penal Code, when a penalty contains
three periods, each one of which forms a
period in accordance with Article 76 and 77
of the same Code, and there are
Criminal Law Bar Examination Q & A (1994-2006)
35 of 86
Where the accused however did not agree SUGGESTED ANSWER:
he would only be credited with 4/5 of the The penalty of reclusion perpetua and the
time he had undergone preventive penalty of life Imprisonment are totally
imprisonment. different from each other and therefore,
Penalties; Reclusion Perpetua (RA) No. 7959 should not be used interchangeably.
(2005)
Under Article 27 of the Revised Penal Code, Reclusion perpetua is a penalty prescribed
as amended by Republic Act (RA) No. 7959, by the Revised Penal Code, with a fixed
reclusion perpetua shall be from 20 years duration of imprisonment from 20 years and
and 1 day to 40 years. Does this mean that 1 day to 40 years, and carries it with
reclusion perpetua is now a divisible accessory penalties.
SUGGESTED ANSWER:(2%)
penalty? Explain. Life imprisonment, on the other hand, is a
No, because the Supreme Court has penalty prescribed by special laws, with no
repeatedly called the attention of the Bench fixed duration of imprisonment and without
and the Bar to the fact that the penalties of any accessory penalty.
reclusion perpetua and life imprisonment are Probation Law: Proper Period
not synonymous and should be applied (2005)
Maganda was charged with violation of the
correctly and as may be specified by the Bouncing Checks Law (BP 22) punishable by
applicable law. Reclusion perpetua has a imprisonment of not less than 30 days but
specific duration of 20 years and 1 day to 40 not more than 1 year or a fine of not less
years (Art. 27) and accessory penalties (Art. than but not more than double the amount of
41), while life imprisonment has no definite the check, which fine shall not exceed
(People
term or vs. De Guzman, G.R.
accessory Nos. 51385-86,
penalties. Also, Jan.
life P200,000.00, or both. The court convicted
22, 1993;
imprisonmentPeople vs.
is Estrella,
imposableG.R. Nos.
on 92506-
crimes her of the crime and sentenced her to pay a
G.R.
07, No.28,72319,
April June vs.
30,1993; People vs.
punished by1993;
Lapiroso, G.R.
People
special Alvero, on
laws, and
No. 122507, Feb.not felonies
25, 1999).[see
fine of P50,000.00 with subsidiary
in the Code imprisonment in case of insolvency, and to
Criminal Law Conspectus, page 156]
Penalties; Reclusion Perpetua vs. Life pay the private complainant the amount of
Imprisonment (1994) the check. Maganda was unable to pay the
Differentiate reclusion perpetua from lifefine but filed a petition for probation. The
imprisonment.
SUGGESTED ANSWER: court granted the petition subject to the
a) What is the proper period of probation?
RECLUSION PERPETUA is that penalty condition, among others, that she should not
SUGGESTED ANSWER:
provided for in the Revised Penal Code for change
The hershall
period residence
not be without
less thanthe courts
twice the
crimes defined in and penalized therein prior approval.
total number of days of subsidiary
except for some crimes defined by special imprisonment. Under Act No. 1732,
laws which impose reclusion perpetua, such subsidiary imprisonment for violations of
as violations of Republic Act 6425, as special laws shall not exceed 6 months at
amended by Republic Act 7659 or of PD the rate of one day of imprisonment for
1860; while LIFE IMPRISONMENT is a every F2.50. Hence, the proper period of
penalty usually provided for in special laws. probation should not be less than (6 months
Reclusion perpetua has a duration of twenty nor more than 12 months. Since P50,000.00
(20) years and one (1) day to forty [40] years fine is more than the maximum subsidiary
under Republic Act 7659, while life b) Supposing before
imprisonment the Order
of 6 months of Discharge
at P2.50 a day.
imprisonment has no duration; reclusion was issued by the court but after the lapse of
perpetua may be reduced by one or two the period of probation, Maganda
degrees;
Penalties; reclusion
Reclusion perpetuates
Perpetua vs. accessory
Life transferred residence without prior approval
penalties while
Imprisonment (2001) life imprisonment does not of the court. May the court revoke the Order
have any accessory
After trial, Judge Juanpenalties
Laya of the (People vs.
Manila of Probation and order her to serve the
Baguio, 196 SCRA 459, People vs. Panellos, SUGGESTED
subsidiaryANSWER:
imprisonment? Explain.
RTC found Benjamin Garcia guilty 205
of Yes. The Court may revoke her probation.
SCRA 546).
Murder, the victim having sustained several Probation is not coterminous with its period.
bullet wounds in his body so that he died There must first be issued by the court an
despite medical assistance given in the order of final discharge based on the report
Ospital ng Manila. Because the weapon used and recommendation of the probation
by Benjamin was unlicensed and the (Bala v. Martinez,
officer. Only then G.R.can
No. 67301,
the caseJanuary
of 29,
the
qualifying circumstance of treachery was 1990, citing Sec.
probationer 16 of P.D. No. 968)
be terminated.
found to be present. Judge Laya rendered
his decision convicting Benjamin and Probation Law; Barred by Appeal
Are "reclusion
sentencing perpetua"
him to "reclusion and or life
perpetua life (1994)
On February 3, 1986, Roberto was convicted
imprisonment
imprisonment". the same and can be imposed of arson through reckless imprudence and
interchangeably as in the foregoing sentenced to pay a fine of P15,000.00, with
sentence? Or are they totally different? State subsidiary imprisonment in case of
your reasons. (3%) insolvency by the Regional Trial Court of
Quezon City.
Criminal Law Bar Examination Q & A (1994-2006)
36 of 86
On February 10, 1986, he appealed to the probation. The law uses the word "maximum
Court of Appeals. Several months later, he term", and not total term. It is enough that
filed a motion to withdraw the appeal on the each of the prison terms does not exceed six
ground that he is applying for probation. On years. The number of offenses is immaterial
May 7, 1987, the Court of Appeals granted for as long as the penalties imposed, when
the motion and considered the appeal taken individually and separately, are within
withdrawn. the probationable period.
On June 10, 1987, the records of the case Probation Law; Order Denying Probation;
were remanded to the trial court. Roberto Not Appealable (2002)
filed a "Motion for Probation" praying that A was charged with homicide. After trial, he
execution of his sentence be suspended, and was found guilty and sentenced to six (6)
that a probation officer be ordered to years and one (1) day in prision mayor, as
conduct an Investigation and to submit a (1) day of to
minimum, reclusion temporal,
twelve (12) as maximum.
years and one
The judge
report denied
on his the motion on the ground
probation. Prior to his conviction, he had been found
that pursuant to Presidential Decree No. guilty of vagrancy and imprisoned for ten
1990, which took effect on July 16,1986, no (10) days of arresto manor and fined fifty
application for probation shall be pesos (P50.00). Is he eligible for probation?
entertained or granted if the defendant has SUGGESTED
Why? (3%)ANSWER:
perfected an appeal from the judgment of No, he is not entitled to the benefits of the
SUGGESTED
conviction.ANSWER:
Is the denial of Roberto's motion Probation Law (PD 968, as amended) does
Yes. Even if at the time of his conviction
correct? not extend to those sentenced to serve a
Roberto was qualified for probation but that maximum term of imprisonment of more
at the time of his application for probation, than six years (Sec. 9a).
he is no longer qualified, he is not entitled to It is of no moment that in his previous
probation. The qualification for probation conviction A was given a penalty of only ten
must be determined as of the time the (10) days of arresto mayor and a fine of
application is filed in Court (Bernardo vs. P50.00.
Judge, etal. GRNo. L86561,Nov, 10. 1992; Edwin B. May a probationer appeal from the
de la Cruz vs. Judge Callejo. et al, SP-19655, April decision revoking the grant of probation or
18, 1990, Law;
citingBarred
Llamado modifying the terms and conditions thereof?
Probation by vs. CA, et al, GR No.
Appeal SUGGESTED ANSWER:
84859, June 28, 1989; Bernardo us. Judge (2%)
(2001)
A, a subdivision developer, was convicted by No. Under Section 4 of the Probation Law,
Balagot, etal, GR 86561, Nov. 10, 1992).
the RTC of Makati for failure to issue the as amended, an order granting or denying
subdivision title to a lot buyer despite full probation is not appealable.
payment of the lot, and sentenced to suffer Probation Law; Period Covered
one year Imprisonment. A appealed the (2004)
PX was convicted and sentenced to
decision of the RTC to the Court of Appeals imprisonment of thirty days and a fine of
SUGGESTED ANSWER:
but his appeal was dismissed. May A still one hundred pesos. Previously, PX was
No,
applyAforis probation?
no longerExplain.
qualified to apply for
(5%) convicted of another crime for which the
probation after he appealed from the penalty imposed on him was thirty days only.
judgment of conviction by the RTC. The SUGGESTED ANSWER:
Is PX entitled to probation? Explain briefly.
probation law (PD 968, as amended by Yes,
(5%) PX may apply for probation. His
PD1990) now provides that no application previous conviction for another crime with a
for probation shall be entertained or granted penalty of thirty days imprisonment or not
if the accused has perfected an appeal from exceeding one (1) month does not disqualify
the judgment of conviction (Sec. 4, PD 968). him from applying for probation; the penalty
Probation Law; Maximum Term vs. Total Term for his present conviction does not disqualify
(1997)
The accused was found guilty of grave oral him either from applying for probation, since
defamation in sixteen (16) informations the imprisonment does not exceed six (6)
which were tried jointly and was sentenced Probation Law;
years (Sec. Right;Decree
9, Pres. BarredNo.
by 968).
Appeal
in one decision to suffer in each case a (1995)
In a case for violation of Sec. 8, RA 6425,
prison term of one (1) year and one (1) day otherwise known as the Dangerous Drugs
to one (1) year and eight (8) months of Act, accused Vincent was given the benefit of
prision correccional. Within the period to the mitigating circumstances of voluntary
appeal, he filed an application for probation plea of guilt and drunkenness not otherwise
SUGGESTED ANSWER:
under the Probation Law of 1976, as habitual. He was sentenced to suffer a
Yes. In Francisco vs. Court of Appeals, 243
amended. Could he possibly qualify for penalty of six (6) years and one (1) day and to
SCRA 384, the Supreme Court held that in
probation? pay a fine of P6,000.00 with the accessory
case of one decision imposing multiple
penalties provided by law, plus costs. Vincent
prison terms, the totality of the prison terms
applied for probation. The probation officer
should not be taken into account for the
favorably recommended his application.
purposes of determining the eligibility of the
accused for the
Criminal Law Bar Examination Q & A (1994-2006)
37
1 of 86 for probation
If you were the Judge, what action will you mandates that no application
take on the application? Discuss fully. shall be entertained or granted if the
2 Suppose that Vincent was convicted of a accused has perfected an appeal from the
crime for which he was sentenced to a maximum judgment of conviction.
penalty of ten (10) years. Under the law, he is not Suspension of Sentence; Adults/Minors
eligible for probation. He seasonably appealed his (2006)
There are at least 7 instances or situations
conviction. While affirming the judgment of in criminal cases wherein the accused,
conviction, the appellate court reduced the either as an adult or as a minor, can apply
penalty to a maximum of four (4) years and four for and/or be granted a suspended sentence.
SUGGESTED
EnumerateANSWER:
at least 5 of them. (5%)
(4) months taking into consideration certain
1. Suspension of sentence of minor
modifying circumstances. Vincent now applies for
under P.D. 603 as amended by R.A. 9344.
probation. How will you rule on his application?
SUGGESTED ANSWER: 2. Suspension of sentence of minor
Discuss fully.
1. If I were the judge, I will deny the above 15 but below 18 years of age at the
application for probation. The accused is not time of trial under R.A. 9344.
entitled to probation as Sec. 9 of the 3. Suspension of sentence of minor
Probation Law, PD NO. 968, as amended, above 15 but below 18 years of age at the
specifically mentions that those who "are commission of the offense, while acting with
sentenced to serve a maximum term of 4. Suspension of sentence by reason of
discernment.
imprisonment of more than six years" are insanity (Art. 79, Revised Penal Code).
2.
notThe law and
entitled jurisprudence
to the are law.
benefits of the to the 5. Suspension of sentence for first
effect that appeal by the accused from a offense of a minor violating RJV. 9165. (Sec.
sentence of conviction forfeits his right to 6.
32) Suspension of sentence under the
probation.(Sec. 4, PD No. 968. as amended by (P.D. law.
probation
PD 1990; Bernardo us. Balagot; Francisco vs. CA: 7. 968) Suspension of death sentence of a
LlamadoThis is the
vs. CA; De second consecutive
la Cruz vs. year
Judge Callejo, CA pregnant woman. (Art. 83, Revised Penal
case). that this question was asked. It is the Code)
sincere belief of the Committee that
there is a need to re-examine the
doctrine. Firstly, much as the accused
wanted to apply for probation he is
proscribed from doing so as the
maximum penalty is NOT
PROBATIONABLE. Secondly, when
the maximum penalty was reduced to
one which allows probation it is but
fair and just to grant him that right
because it is apparent that the trial
judge committed an error and for
which the accused should not be
made to suffer. Judicial tribunals in
this jurisdiction are not only courts of
law but also of equity. Thirdly, the
judgment of the appellate court
Probationshould be considered
Law; Right; a new decision
Barred by Appeal
Juan was convicted of the Regionalwas
(2003) as the trial court's decision Trial
Court of vacated;
a crimehence, he could to
and sentenced take
suffer the
penaltyadvantage
of imprisonmentof the law
for awhen the of
minimum
decision
eight years. is remanded
He appealed bothtohis
theconviction
trial
court for execution (Please
and the penalty imposed upon him to the see
Court of Dissenting
Appeals. The opinion in Francisco
appellate court vs.
CA). It is suggested, therefore,
ultimately sustained Juan's conviction but that
an examinee answering
reduced his sentence to a maximum of fourin this tenor
years andshould
eight bemonths
credited with some points.
imprisonment. Could
SUGGESTED ANSWER:
Juan forthwith file an application for
No, Juan can no longer avail of the probation
probation? Explain. 8%
because he appealed from the judgment of
conviction of the trial court, and therefore,
cannot apply for probation anymore. Section
4 of the Probation Law, as amended,
(NOTA BENE: R.A. 9344 is outside the
coverage of the examination)

Suspension of Sentence; Minors


(2003)
A was 2 months below 18 years of age when
he committed the crime. He was charged
with the crime 3 months later. He was 23
when he was finally convicted and
sentenced. Instead of preparing to serve a
jail term, he sought a suspension of the
sentence on the ground that he was a
SUGGESTED ANSWER: Should he be entitled to a
juvenile offender
No, A is not entitled to a suspension of the
suspension of sentence? Reasons. 4%
sentence because he is no longer a minor at
the time of promulgation of the sentence.
For purposes of suspension of sentence, the
offender's age at the time of promulgation of
the sentence is the one considered, not his
age when he committed the crime. So
although A was below 18 years old when he
committed the crime, but he was already 23
years old when sentenced, he is no longer
Can
eligible juvenile offenders,
for suspension who
of the sentence. are
recidivists, validly ask for suspension of
SUGGESTED ANSWER:
sentence? Explain. 4%
Yes, so long as the offender is still a minor at
the time of the promulgation of the sentence.
The law establishing Family Courts, Rep. Act
8369, provides to this effect: that if the
minor is found guilty, the court should
promulgate the sentence and ascertain any
civil liability which the accused may have
incurred. However, the sentence shall be
suspended without the need of application
pursuant to PD 603, otherwise known as the
"Child and Youth Welfare Code" (RA 8369,
Sec. 5a), It is under PD 603 that an
application for suspension of the
Criminal Law Bar
Examination Q & A (1994-2006)
sentence is required and thereunder it is
one of the conditions for suspension of
sentence that the offender be a first time
convict: this has been displaced by RA 8369.

Suspension of Sentence; Youthful Offender


(1995)
Victor, Ricky, Rod and Ronnie went to the
store of Mang Pandoy. Victor and Ricky
entered the store while Rod and Ronnie
posted themselves at the door. After ordering
beer Ricky complained that he was
shortchanged although Mang Pandoy
vehemently denied it. Suddenly Ricky
whipped out a knife as he announced "Hold-
up ito!" and stabbed Mang Pandoy to death.
Rod boxed the store's salesgirl Lucy to
prevent her from helping Mang Pandoy. When
Lucy ran out of the store to seek help from
people next door she was chased by Ronnie.
As soon as Ricky had stabbed Mang Pandoy,
Victor scooped up the money from the cash
box. Then Victor and Ricky dashed to the
street
1 and shouted,
Discuss "Tumakbo
fully the criminalna kayo!"ofRod
liability Victor,
was 14 and Ronnie
Ricky, Rod and Ronnie. was 17. The money and
other
2 articles
Are the looted
minorsfrom the Ronnie
Rod and store ofentitled
Mang to
Pandoy were later found in the houses
suspended sentence under The Child and Youth of
Victor and Ricky.
Welfare Code? Explain.
38 of 86
Proclamation 1160, which amended
Proclamation 724, applies only to offenses
committed prior to 1999. Thus, their
applications shall be ineffectual and useless.
Amnesty; Crimes Covered
(2006)
Under Presidential Proclamation No. 724,
amending Presidential Proclamation No.
347, certain crimes are covered by the grant
of amnesty. Name at least 5 of these crimes.
SUGGESTED
(2.5%) ANSWER:
Crimes covered under Presidential Proclamation
724:
No.
1. Coup
2.
d'etat, Rebellion or
3. Disloyalty of public officers
insurrection;
4. Inciting to rebellion or
or employees;
5. Conspiracy to commit rebellion
insurrection;
6. Proposal to commit rebellion
or insurrection;
7.
or insurrection;
8.
Sedition; Conspiracy to
9.
commit Inciting
sedition;to
10.
sedition;Illegal
11. Illegal
Assembly;
12. Direct
Association;
13. Indirect
Assault;
14.
Assault; Resistance and disobedience to a
15.
personTumults and other
in authority;
16. Unlawful use of means of publications
disturbances;
SUGGESTED ANSWER: and unlawful utterrances;
1 . All are liable for the special complex 17. Alarm and
crime of robbery with homicide.... 18. Illegal Possession of
scandal;
firearms.
2. No, because the benefits of suspension of Extinction; Criminal & Civil Liabilities; Effects; Death
sentence is not available where the youthful of accused pending appeal (2004)
offender has been convicted of an offense AX was convicted of reckless imprudence
punishable by life imprisonment or death, resulting in homicide. The trial court
pursuant to P.D. No. 603, Art. 192, The sentenced him to a prison term as well as to
complex crime of robbery with homicide is pay P150,000 as civil indemnity and
punishable by reclusion perpetua to death damages. While his appeal was pending, AX
under Art. 294 (1), RFC [ People vs. Galit. 230 met a fatal accident. He left a young widow,
SCRA 486). 2 children, and a million-peso estate. What is
EXTINCTION OF CRIMINAL the effect, if any, of his death on his criminal
LIABILITY SUGGESTED ANSWER:
as well as civil liability? Explain briefly. (5%)
The death of AX while his appeal from the
Amnesty vs. PD 1160 judgment of the trial court is pending,
(2006)
Can former DSWD Secretary Dinky Soliman extinguishes his criminal liability. The civil
apply for amnesty? How about columnist liability insofar as it arises from the crime
Randy David? (You are supposed to know and recoverable under the Revised Penal
the crimes or offenses ascribed to them as Code is also extinguished; but indemnity and
published in almost all newspapers for the damages may be recovered in a civil action if
SUGGESTED ANSWER:
past several months.) (2.5%) predicated on a source of obligation under
Proclamation 1160, which amended Art. 1157, Civil Code, such as law, contracts,
Proclamation 724, applies only to offenses quasi-contracts and quasi-delicts, but not on
committed prior to 1999. Thus, their Civil indemnity
the basis and (People
of delicts. damages under 236
v. Bayotas, the
applications shall be ineffectual and useless. Revised
SCRA 239 ). Penal Code are recoverable only if
General Lim and General Querubin of the the accused had been convicted with finality
Scout Rangers and Philippine Marines, before he died.
respectively, were changed with conduct Extinction; Criminal & Civil Liabilities; Effects; Death
unbecoming an officer and a gentleman of Offended Party (2000)
SUGGESTED
under the ANSWER:
Articles of War. Can they apply for
amnesty? (2.5%)
Criminal Law Bar Examination Q & A (1994-2006)
39 of 86
For defrauding Lorna, Alma was charged
before the Municipal Trial Court of Malolos, Pardon; Effect; Civil Interdiction
Bulacan. After a protracted trial, Alma was (2004)
TRY was sentenced to death by final
convicted. While the case was pending judgment. But subsequently he was granted
appeal in the Regional Trial Court of the pardon by the President. The pardon was
same province, Lorna who was then silent on the perpetual disqualification of
suffering from breast cancer, died. Alma TRY to hold any public office. After his
manifested to the court that with Lorna's pardon, TRY ran for office as Mayor of APP,
death, her (Alma's) criminal and civil his hometown. His opponent sought to
liabilities are now extinguished. Is Alma's disqualify him. TRY contended he is not
SUGGESTED ANSWER:
contention correct? What if it were Alma disqualified because he was already
No. Alma's contention is not correct. The SUGGESTED ANSWER:
who died, would it affect her criminal and pardoned by the President unconditionally.
death of the offended party does not No, TRY's contention is not correct. Article
civil liabilities? Explain. (3%) Is TRY'S contention correct? Reason briefly.
extinguish the criminal liability of the 40 of the Revised Penal Code expressly
(5%)
offender, because the offense is committed provides that when the death penalty is not
against the State [People vs. Misola, 87 Phil. executed by reason of commutation or
830, 833). Hence, it follows that the civil pardon, the accessory penalties of perpetual
liability of Alma based on the offense absolute disqualification and civil
committed by her is not extinguished. The interdiction during thirty (30) years from the
On theof
estate other
Lorna hand, if it werethe
can continue Alma who died
case. date of the sentence shall remain as effects
pending appeal of her conviction, her thereof, unless such accessory penalties
criminal liability shall be extinguished and have been expressly remitted in the pardon.
therewith the civil liability under the This is because pardon only excuses the
Revised Penal Code (Art. 89, par. 1, RPC). convict from serving the sentence but does
However, the claim for civil indemnity may Pardon; Effect; Reinstatement
not relieve him of the effects of the
be instituted under the Civil Code (Art. (1994)
Linda was convicted by the Sandiganbayan
conviction unless expressly remitted in the
1157) if predicated on a source of obligation of estafa,
pardon. through falsification of public
other than delict, such as law, contracts, document. She was sentenced accordingly
quasi-contracts and quasi-delicts (People vs. and ordered to pay, among others, P5,000.00
Pardon vs. Amnesty representing the balance of the amount
Bayotas 236 SCRA 239, G.R. 152007, September
(2006)
Enumerate the differences between pardon defrauded.
2. 1994)
and amnesty. (2.5%) The case reached the Supreme Court which
SUGGESTED ANSWER: affirmed the judgment of conviction. During
a) PARDON includes any crime and is the pendency of Linda's motion for
exercised individually by the President, reconsideration in the said Court, the
while AMNESTY applies to classes of President extended to her an absolute
persons or communities who may be guilty pardon which she accepted.
b) PARDON
of political is exercised when the
offenses. By reason of such pardon, she wrote the
person is already convicted, while Department of Finance requesting that she
AMNESTY may be exercised even before be restored to her former post as assistant
c)
trial or PARDON looks forward and relieves
investigation. treasurer, which is still vacant. The
the offender of the penalty of the offense for Department ruled that Linda may be
which he has been convicted; it does not reinstated to her former position without the
work for the restoration of the rights to hold necessity of a new appointment and directed
public office, or the right of suffrage, unless the City Treasurer to see to it that the sum of
such rights are expressly restored by means P5,000.00 be satisfied. Claiming that she
of pardon, while AMNESTY looks backward should not be made to pay P5,000.00, Linda
and abolishes the offense and its effects, as if The Officetoofthe
appealed theOffice
President dismissed
of the the
President.
the person had committed no offense. appeal and held that acquittal, not absolute
d) PARDON does not alter the fact that pardon. Is the only ground for reinstatement
the accused is criminally liable as it to one's former position and that the
produces only the extinction of the penalty, absolute pardon does not exempt the culprit
while AMNESTY removes the criminal from payment of civil liability. Is Linda
liability of the offender because it obliterates SUGGESTED
entitled toANSWER:
reinstatement?
e) PARDON
every vestige being
of the a private act by the
crime. No, Linda is not entitled to reinstatement to
President, must be pleaded and proved by the her former position inasmuch as her right
person pardoned, while AMNESTY which is a thereto had been relinquished or forfeited by
Proclamation of the Chief Executive with the reason of her conviction. The absolute
concurrence of Congress is a public act of pardon merely extinguished her criminal
which the courts should take judicial notice. liability, removed her disqualification, and
restored her eligibility for appointment to
that office. She has to re-apply for
Criminal Law Bar Examination Q & A (1994-2006)
40 of 86
such position and under the usual procedure Yes, the State can still prosecute Mina for
required for a new appointment. Moreover, the death of Ara despite the lapse of 20 &
the pardon does not extinguish the civil 1/2 years. Under Article 91, RPC, the period
(Monsanto vs.Factoran,
liability arising Jr., crime.
from the 170 SCRA 191); see Art. of prescription commences to run from the
36, RPC) day on which the crime is discovered by the
Prescription of Crimes; Bigamy offended party, the authorities or their
(1995)
Joe and Marcy were married in Batanes in agents. In the case at bar, the commission of
1955. After two years, Joe left Marcy and the crime was known only to Albert, who was
settled in Mindanao where he later met and not the offended party nor an authority or an
married Linda on 12 June 1960. The second agent of an authority. It was discovered by
marriage was registered in the civil registry the NBI authorities only when Albert
of Davao City three days after its celebration. revealed to them the commission of the
On 10 October 1975 Marcy who remained in crime. Hence, the period of prescription of
Batanes discovered the marriage of Joe to 20 years for homicide commenced to run
Linda. On 1 March 1976 Marcy filed a Prescription of Crimes; Commencement
The crimeforofbigamy
bigamyagainst
prescribed only from the time Albert revealed the same
complaint Joe. in fifteen (2004)
OW is a private person engaged in cattle
to the NBI authorities.
years computed from the day the crime is ranching. One night, he saw AM stab CV
discovered by the offended party, the treacherously, then throw the dead man's
authorities or their agents. Joe raised the body into a ravine. For 25 years, CVs body
defense of prescription of the crime, more was never seen nor found; and OW told no
than fifteen years having elapsed from the one what he had witnessed. Yesterday after
celebration of the bigamous marriage up to consulting the parish priest, OW decided to
the filing of Marcy's complaint. He tell the authorities what he witnessed, and
contended that the registration of his second revealed that AM had killed CV 25 years
marriage in the civil registry of Davao City SUGGESTED ANSWER:
ago. Can AM be prosecuted for murder
Yes, AM can be prosecuted for murder
was constructive notice to the whole world of despite the lapse of 25 years? Reason briefly.
Has the crime of
the celebration bigamy
thereof charged
thus binding against
upon despite the lapse of 25 years, because the
(5%)
Joe already prescribed? Discuss fully, crime has not yet prescribed and legally, its
Marcy.
SUGGESTED ANSWER: prescriptive period has not even
No. The prescriptive period for the crime of commenced to run.
bigamy is computed from the time the crime The period of prescription of a crime shall
was discovered by the offended party, the commence to run only from the day on
authorities or their agents. The principle of which the crime has been discovered by the
constructive notice which ordinarily applies offended party, the authorities or their
to land or property disputes should not be agents (Art. 91, Revised Penal Code). OW, a
applied to the crime of bigamy, as marriage private person who saw the killing but never
is not property. Thus when Marcy filed a disclosed it, is not the offended party nor
complaint for bigamy on 7 March 1976, it has the crime been discovered by the
was well within the reglamentary period as Prescription
authoritiesofor Crimes;
theirConcubinage
agents.
it was barely a few months from the time of (2001)
On June 1, 1988, a complaint for
Prescription
discovery on of 10Crimes;
October Commencement
1975. (Sermonia vs. concubinage committed in February 1987
(2000)
One fateful night
CA, 233 SCRA 155)
in January 1990, while 5- was filed against Roberto in the Municipal
year old Albert was urinating at the back of Trial Court of Tanza, Cavite for purposes of
their house, he heard a strange noise coming preliminary investigation. For various
from the kitchen of their neighbor and reasons, it was only on July 3, 1998 when the
playmate, Ara. When he peeped inside, he Judge of said court decided the case by
saw Mina, Ara's stepmother, very angry and dismissing it for lack of jurisdiction since the
strangling the 5-year old Ara to death. Albert crime was committed in Manila. The case
saw Mina carry the dead body of Ara, place it was subsequently filed with the City Fiscal of
inside the trunk of her car and drive away. Manila but it was dismissed on the ground
The dead body of Ara was never found. Mina that the crime had already prescribed. The
SUGGESTED ANSWER:
spread the news in the neighborhood that law
No, provides
the Fiscal's that the crime
dismissal of of
theconcubinage
case on
Ara went to live with her grandparents in prescribes in ten (10) years. Was the
alleged prescription is not correct. The filing
Ormoc City. For fear of his life, Albert did not dismissal
of the complaint with the Municipal Trial(5%)
by the fiscal correct? Explain,
tell anyone, even his parents and relatives,
Court, although only for preliminary
about what he witnessed. Twenty and a half
investigation, interrupted and suspended the
(20 & 1/2) years after the incident, and right
period of prescription in as much as the
after his graduation
SUGGESTED ANSWER: in Criminology, Albert
jurisdiction of a court in a criminal case is
reported the crime to NBI authorities. The (People vs. Galano.
determined by the75allegations
SCRA in the
crime of homicide prescribes in 20 years. 193)
complaint or information, not by the result of
Can the state still prosecute Mina for the
proof.
death of Ara despite the lapse of 20 & 1/2
years? Explain, (5%)
Criminal Law Bar Examination Q & A (1994-2006)
41
of
86
Prescription of Crimes; False Testimony
(1994)
Paolo was charged with homicide before the
Regional Trial Court of Manila. Andrew, a
prosecution witness, testified that he saw
Paolo shoot Abby during their heated
argument. While the case is still pending, the
City Hall of Manila burned down and the
entire records of the case were destroyed.
Later, the records were reconstituted.
Andrew was again called to the witness
stand. This time he testified that his first
testimony was false and the truth was he was
abroad when the crime took place. The judge
immediately ordered the prosecution of
1 Will the case against Andrew prosper?
Andrew for giving a false testimony favorable
2 Paolo was acquitted. The decision became
to the defendant in a criminal case.
final on January 10, 1987. On June 18, 1994 a
case of giving false testimony was filed against
Andrew. As his lawyer, what legal step will you
take?
a) The accused cannot be convicted of the
offense of simple slander although it is
necessarily included in the offense of grave
slander charged in the information, because,
the lesser offense had already prescribed at
O.G. 6468;
the time theFrancisco vs. was
information CA, 122
filed SCRA
(People538;
us.
Magat vs. People.
Rarang, (CA) 62 201 SCRA 21) otherwise
prosecutors can easily circumvent the rule
of prescription in light offenses by the
simple expediment of filing a graver offense
which includes such light offense.
b) While the general rule is the failure of an
accused to file a motion to quash before he
pleads to the complaint or information, shall
be deemed a waiver of the grounds of a
motion to quash, the exceptions to this are:
(1) no offense was charged in the complaint
or information; (2) lack of Jurisdiction; (3)
extinction of the offense or penalty; and (4)
double jeopardy. Since the ground invoked
SUGGESTED ANSWER: by the accused in his motion for
1) Yes. ... (People vs. Balagtas)
reconsideration is extinction of the offense,
then it can be raised even after plea. In fact,
2) As lawyer of Andrew, I will file a motion to
it may evenCIVIL LIABILITY
be invoked on appeal
quash the Information on the ground of
prescription. The crime of false testimony Civil liability; Effect of Acquittal
under Art. 180 has prescribed because (2000)
Name at least two exceptions to the general
Paolo, the accused in the principal case, was rule that in case of acquittal of the accused
acquitted on January 10, 1987 and therefore in a criminal case, his civil liability is
the penalty prescribed for such crime is SUGGESTED ANSWER:
likewise extinguished. (2%)
arresto mayor under Art. 180, par. 4, RPC. Exceptions to the rule that acquittal from a
Crimes punishable by arresto mayor criminal case extinguishes civil liability, are:
prescribes in five (5) years (Art. 90, par. 3, 1) When the civil action is based on
RPC). But the case against Andrew was filed arisingnot
obligations from the act complained of as a
only on June 18, 1994, whereas the principal 2) When acquittal
felony; is based on
criminal case was decided with finality on reasonable doubt or acquittal is on the
January 10, 1987 and, thence the ground that guilt has not been proven
prescriptive period of the crime commenced beyond reasonable doubt (Art. 29, New Civil
to run. From January 10, 1987 to June 18, 3) Acquittal due to an exempting
Code);
Prescription
1994 is more of Crimes;
than Simple Slander
five (5) years. circumstance, like Insanity; 4) Where the
(1997)
A was charged in an information with the court states in its Judgment that the case
crime of grave oral defamation but after merely involves a civil obligation; 5) Where
trial, the court found him guilty only of the there was a proper reservation for the filing
offense of simple slander. He filed a motion of a separate civil action; 6) In cases of
for reconsideration contending that, under independent civil actions provided for in
the law, the crime of simple slander would Arts. 31, 32, 33 and 34 of the New Civil
have prescribed in two months from Code; When the judgment of acquittal
7)
commission, and since the information includes a declaration that the fact from
against him was filed more than four months which the civil liability might arise did not
after the alleged commission of the crime, 8) Where
exist (Sapiera vs.the
CA,civil liability
314 SCRA 370);is not derived
The Solicitor
the same hadGeneral
already opposed
prescribed.the motion on or based on the criminal act of which the
two grounds: first, in determining the (Sapiera
accused is vs. CA. 314 SCRA 370).
acquitted
prescriptive period, the nature of the offense
charged in the Information should be Civil liability; Effect of Acquittal
considered, not the crime proved; second, (2000)
A was a 17-year old working student who
assuming that the offense had already was earning his keep as a cigarette vendor.
prescribed, the defense was waived by the B was driving a car along busy Espana
failure of A to raise it in a motion to quash. Street at about 7:00 p.m. Beside B was C.
SUGGESTED ANSWER:
Resolve the motion for reconsideration. The car stopped at an intersection because
The motion for reconsideration should be
of the red signal of the traffic light. While
granted.-
waiting for the green signal, C beckoned A
to buy some cigarettes. A approached the
Criminal Law Bar Examination Q & A (1994-2006)
42 of 86
car and handed two sticks of cigarettes to C. mandates for such liability and Max is
While the transaction was taking place, the deemed to know it because ignorance of the
traffic light changed to green and the car law is never excused. And since his liability
immediately sped off. As the car continued is not primary but only subsidiary in case
to speed towards Quiapo, A clung to the his employee cannot pay; he need not be
window of the car but lost his grip and fell impleaded in the in the criminal case. It
down on the pavement. The car did not stop. suffices that he was duly notified of the
A suffered serious injuries which eventually motion for issuance of a subsidiary writ of
caused his death. C was charged with Civil Liability;
execution andWhen
thusMandatory;
given theCriminal Liabilityto
opportunity
ROBBERY with HOMICIDE. In the end, the (2005)
The accused was found guilty of 10 counts of
be heard.
Court was not convinced with moral rape for having carnal knowledge with the
certainty that the guilt of C has been same woman. In addition to the penalty of
established beyond reasonable doubt and, imprisonment, he was ordered to pay
thus, acquitted him on the ground of indemnity in the amount of P50,000.00 for
SUGGESTED ANSWER: each count. On appeal, the accused
reasonable
Yes, as againstdoubt. Can
C, A's the family
family of the
can still recover
victim still recover civil damages in view of questions the award of civil indemnity for
civil damages despite C's acquittal. When each count, considering that the victim is
the acquittalin
the accused ofaC? Explain.
criminal (5%)
prosecution is the same woman. How would you rule on the
acquitted on the ground that his guilt has SUGGESTED ANSWER:
contention of the accused? Explain. (3%)
not been proved beyond reasonable doubt, a The contention is unmeritorious. Under the
civil action for damages for the same act or law, every person criminally liable is civilly
omission may be instituted. Such action liable. (Art. 100, Revised Penal Code) Since
requires only a preponderance of evidence each count charges different felonious acts
If A's 29,
{Art. familyCC).can prove the negligence of B by and ought to be punished differently, the
preponderance of evidence, the civil action concomitant civil indemnity ex delicto for
for damages against B will prosper based on every criminal act should be adjudged. Said
quasi-delict. Whoever by act or omission civil indemnity is mandatory upon a finding
causes damage to another, there being fault of the fact of rape; it is distinct from and
or negligence, is obliged to pay for the should not be denominated as moral
damage done. Such fault or negligence, damages
Damages; whichHomicide;areTemperate
based onDamages
different jural
about pre-existing contractual relation foundations. (People v. Jalosjos, G.R. Nos.
(2006)
In a crime of homicide, the prosecution
between the parties, is called a quasi-delict 132875-76, November 16, 2001)
failed to present any receipt to substantiate
[Art. 2176, CC). This is entirely separate and
the heirs' claim for an award of actual
distinct from civil liability arising from
Civil Liability; Subsidiary; damages, such as expenses for the wake
negligence under theEmployers
Penal Code [Arts, 31,
(1998)
Guy, and burial. What kind of damages may the
2176, 2177, CC}. a passenger jeepney
while driving
SUGGESTED
owned and operated by Max, bumped Demy, trial courtANSWER:
award to them and how much?
a pedestrian crossing the street. Demy The
(5%)court may award temperate damages in
sustained injuries which required medical the amount of twenty-five (P25,000.00)
attendance for three months. Guy was thousand pesos. Under jurisprudence,
charged with reckless imprudence resulting temperate damages is awarded in homicide
to physical injuries. Convicted by the when no sufficient proof of actual damages is
Metropolitan Trial Court. Guy was sentenced offered or if the actual damages proven is
to suffer a straight penalty of three months less than twenty-five thousand (P25,000)
(People v. Salona, G.R. No. 151251, May 19,
of arresto mayor and ordered to indemnify
Upon
Demy finality
in the sum of the
of decision, a writ
P5,000 and of
to pay
Crimes Against National Security
2004).
execution was served
P1,000 as attorney's fees. upon Guy, but was and the Law of Nations
returned unsatisfied due to his insolvency.
Demy moved for a subsidiary writ of Piracy in the High Seas & Qualified Piracy
execution against Max. The latter opposed (2006)
While the S.S. Nagoya Maru was negotiating
the motion on-the ground that the decision the sea route from Hongkong towards
made no mention of his subsidiary liability Manila, and while still 300 miles from
and that he was not impleaded in the case. Aparri, Cagayan, its engines malfunctioned.
SUGGESTED ANSWER:
How will you resolve the motion? [5%] The Captain ordered the ship to stop for
The motion is to be granted. Max as an
employer of Guy and engaged in an industry emergency repairs lasting for almost 15
(transportation business) where said hours. Due to exhaustion, the officers and
employee is utilized, is subsidiarily civilly crew fell asleep. While the ship was
liable under Article 103 of the Revised Penal anchored, a motorboat manned by renegade
Code. Even though the decision made no Ybanags from Claveria, Cagayan, passed by
mention of his subsidiary liability, the law and took advantage of the situation. They cut
violated (Revised Penal Code) itself the ship's engines and took away several
heavy crates of electrical equipment and
loaded them in their motorboat. Then they
left hurriedly
Criminal Law Bar Examination
Q & A (1994-2006)
43 of 86
towards Aparri. At daybreak, the crew found they were ordered to kill Governor Alegre
that a robbery took place. They radioed the because of his corrupt practices. If you
Aparri Port Authorities resulting in the were the prosecutor, what crime will you
apprehension
What crime ofwas
the culprits.
committed? Explain. SUGGESTED ANSWER:
charge Joselito and Vicente? [5%J
SUGGESTED ANSWER:
(2.5%) If I were the prosecutor, I would charge
Piracy in the high seas was committed by Joselito and Vicente with the crime of
the renegade Ybanags. The culprits, who are rebellion, considering that the killers were
neither members of the complement nor members of the liquidation squad of the
passengers of the ship, seized part of the New People's Army and the killing was upon
equipment of the vessel while it was three orders of their commander; hence,
hundred miles away from Aparri, Cagayan politically-motivated. This was the ruling in
(Art. 122, Revised Penal Code). People vs. Avila, 207 SCRA 1568 involving
Supposing that while the robbery was ALTERNATIVE ANSWER:
identical facts which is a movement taken
taking place, the culprits stabbed a If I were the prosecutor, I would charge
judicial notice of as engaged in rebellion
member of the crew while sleeping. Joselito and Vicente for the crime of murder
against the Government.
What crime was committed? Explain. as the purpose of the killing was because of
SUGGESTED ANSWER:
(2.5%) his "corrupt practices ", which does not
The crime committed is qualified piracy, appear to be politically motivated. There is
because it was accompanied by physical no indication as to how the killing would
injuries/homicide. The culprits stabbed a promote or further the objective of the New
member of the crew while sleeping (Art. ALTERNATIVE ANSWER:
Peoples Army. The killing is murder because
123, Revised Penal Code). The crime should be rebellion with murder
it was committed with treachery.
considering that Art. 135 of the Revised
Crimes Against the Fundamental Penal Code has already been amended by
Law of the State Rep. Act No. 6968, deleting from said
Article, common crimes which used to be
Violation of Domicile vs. Trespass to Dwelling punished as part and parcel of the crime of
(2002)
What is the difference between violation of rebellion. The ruling in People vs.
domicile and trespass to dwelling? (2%) Hernandez, 99 Phil. 515 (1994), that
SUGGESTED ANSWER: rebellion may not be completed with
The differences between violation of common crimes committed in furtherance
domicile and trespass to dwelling are; 1) The thereof, was because the common crimes
offender in violation of domicile is a public were then penalized in Art. 135 together
officer acting under color of authority; in
with the rebellion, with one penalty and Art.
trespass to dwelling, the offender is a
48 of the Rev. Penal Code cannot be applied.
private person or public officer acting in
2) a private
Violation of domicile is committed in Art. 135 of said Code remained exactly the
capacity.
3 different ways: (1) by entering the dwelling same when the case of Enrile vs, Salazar,
of another against the will of the latter; (2) 186 SCRA 217 (1990) was resolved.
searching papers and other effects inside the Precisely for the reason that Art. 48 cannot
dwelling without the previous consent of the apply because the common crimes were
owner; or (3) refusing to leave the premises punished as part of rebellion
48. It is noteworthy in Art.
that in Enrile vs.135, that
which he entered surreptitiously, after being this
Salazar (supra) the Supreme Court said the
Article was amended, deleting
3)
requiredTrespass
to leave to
thedwelling
premises.is committed common
these: crimes therefrom. That the common
only in one way; that is, by entering the crimes
"Therewereis deleted
an from saidneed
apparent Article,
to
dwelling of another against the express or demonstrates
restructureatheclear
lawlegislative intention
on rebellion, either to
to
implied will of the latter. treat the the
raise common
penalty crimes
thereforas distinct from
or to clearly
rebellion
define and
and remove
delimit the
the legal
other impediment
offenses to
Crimes Against Public Order to the
be application
consideredofas Art.
absorbed thereby, so
that if it cannot be conveniently utilized
Art 134; Rebellion; Politically Motivated; Committed as the umbrella for every sort of illegal
by NPA Members (1998) activity undertaken in its name. The
On May 5, 1992, at about 6:00 a.m., while Court has no power to effect such
Governor Alegre of Laguna was on board his change, for it can only interpret the law
car traveling along the National Highway of as it stands at any given time, and what
Laguna, Joselito and Vicente shot him on the is needed lies beyond interpretation.
head resulting in his instant death. At that Hopefully, Congress will perceive the
And significantly the said amendment to
time, Joselito and Vicente were members of need for promptly seizing the initiative in
Art. 135 of the Rev. Penal Code was
the liquidation squad of the New People's this matter, which is purely with in its
made at around the time the ruling in
Army and they killed the governor upon province,"
Salazar was handled down, obviously to
orders of their senior officer. Commander
Tiago. According to Joselito and Vicente,
Criminal Law Bar E
xamination Q & A (1994-2006)
44 of 86
neutralize the Hernandez and the Art 134-A; Coup detat; New Firearms Law
Salazar rulings. The amendment was (1998)
1. How is the crime of coup d'etat
sort of a rider to the coup d'etat law, 2. Supposing[3%]
committed? a public school teacher
Rep. Act No 6968. participated in a coup d'etat using an
Art 134-A: Coup d etat & Rape; Frustrated unlicensed firearm. What crime or crimes
(2005)
Taking into account the nature and elements SUGGESTED ANSWER:
did he commit? [2%]
of the felonies of coup d etat and rape, may 1. The crime of coup d'etat is committed by
one be criminally liable for frustrated coup a swift attack, accompanied by violence,
d etat or frustrated rape? Explain. (2%) intimidation, threat, strategy or stealth
SUGGESTED ANSWER: against the duly constituted authorities of
No, one cannot be criminally liable for the Republic of the Philippines, military
frustrated coup d etat or frustrated rape camps and installations, communication
because in coup d etat the mere attack networks, public utilities and facilities
directed against the duly constituted needed for the exercise and continued
authorities of the Republic of the Philippines, possession of power, carried out singly or
or any military camp or installation, simultaneously anywhere in the Philippines
communication networks, public utilities or by persons belonging to the military or
other facilities needed for the exercise and police or holding public office, with or
continued possession of power would 2. The public
without school
civilian teacher
support committed only
or participation, for
consummate the crime. The objective may coup d'etat for his participation
the purpose of seizing or diminishing therein. His
state
not be to overthrow the government but only use of an
power. unlicensed
(Art firearm is absorbed in
134-A, RPC).
to destabilize or paralyze the government the coup d'etat under the new firearms law
through the seizure of facilities and utilities (Rep. Act No. 8294).
On the other hand, in the crime of rape
essential to the continued possession and
there is no frustrated rape it is either
exercise of governmental powers.
attempted or consummated rape. If the
accused who placed himself on top of a
woman, raising her skirt and unbuttoning his
pants, the endeavor to have sex with her
very apparent, is guilty of Attempted rape.
On the other hand, entry on the labia or lips
of the female organ by the penis, even
without rupture of the hymen or laceration
of the vagina, consummates the crime of
rape. More so, it has long abandoned its
stray decision in People vs. Erina 50 Phil
Art 134-A; Coup detat
998 where the accused was found guilty of
(2002)
If a group of persons belonging to the armed
Frustrated rape.
forces makes a swift attack, accompanied by
violence, intimidation and threat against a
vital military installation for the purpose of
seizing power and taking over such
SUGGESTED ANSWER:
installation, what crime or crimes are they
The
guiltyperpetrators,
of? (3%) being persons belonging
to the Armed Forces, would be guilty of the
crime of coup d'etat, under Article 134-A of
the Revised Penal Code, as amended,
because their attack was against vital
military installations which are essential to
the continued possession and exercise of
governmental powers, and their purpose is
B.
to Ifseize
the attack
poweris quelled
by takingbut over
the leader
such
is unknown, who shall be deemed the
installations.
SUGGESTED
leader ANSWER:(2%)
thereof?
The leader being unknown, any person who
in fact directed the others, spoke for them,
signed receipts and other documents issued
in their name, or performed similar acts, on
behalf of the group shall be deemed the
leader of said coup d'etat (Art 135, R.P.C.)
Art 136; Conspiracy to Commit Rebellion
(1994)
VC, JG. GG and JG conspired to overthrow
the Philippine Government. VG was
recognized as the titular head of the
conspiracy. Several meetings were held and
the plan was finalized. JJ, bothered by his
conscience, confessed to Father Abraham
that he, VG, JG and GG have conspired to
overthrow the government. Father Abraham
did not report this information to the proper
authorities. Did Father Abraham commit a
SUGGESTED ANSWER:
crime? If so, what crime was committed?
No, Father Abraham did not commit a crime
What is his criminal liability?
because the conspiracy involved is one to
commit rebellion, not a conspiracy to
commit treason which makes a person
criminally liable under Art 116, RFC. And
even assuming that it will fall as misprision
of treason, Father Abraham is exempted
from criminal liability under Art. 12, par. 7,
as his failure to report can be considered as
due to "insuperable cause", as this involves
Conspiracy to commit
the sanctity and rebellion
inviolability results in
of a confession.
criminal liability to the co-conspirators, but
not to a person who learned of such and did
not report to the proper authorities (US vs.
Vergara, 3 Phil. 432; People vs. Atienza. 56 Phil. 353).
Art 148; Direct Assault vs. Resistance &
Disobedience (2001)
A, a teacher at Mapa High School, having
gotten mad at X, one of his pupils, because
of the latter's throwing paper clips at his
classmates, twisted his right ear. X went out
of the classroom crying and proceeded
home located at the back of the school. He
reported to his parents Y and Z what A had
done to him. Y and Z immediately proceeded
to the school building and because they
were running and talking in loud voices,
they were seen by the
Criminal Law Bar Examination Q & A (1994-2006)
45 of 86
barangay chairman, B, who followed them as day, while the class was going on, the
he suspected that an untoward incident student, B, approached A and, without any
might happen. Upon seeing A inside the warning, slapped her. B would have inflicted
classroom, X pointed him out to his father, Y, further injuries on A had not C, another
who administered a fist blow on A, causing student, come to A's rescue and prevented B
him to fall down. When Y was about to kick A, from continuing his attack. B turned his ire
B rushed towards Y and pinned both of the on C and punched the latter. What crime or
SUGGESTED ANSWER:
latter's arms. Seeing his father being held by crimes, if any, did B commit? Why? (5%)
B committed two (2) counts of direct
B, X went near and punched B on the face,
assault: one for slapping the professor, A,
which caused him to lose his grip on Y.
who was then conducting classes and thus
Throughout this incident, Z shouted words of
exercising authority; and another one for the
encouragement at Y, her husband, and also
violence on the student C, who came to the
threatened to slap A. Some security guards of
aid of the said professor.
the school arrived, intervened and By express provision of Article 152, in
surrounded X, Y and Z so that they could be relation to Article 148 of the Revised Penal
investigated in the principal's office. Before Code, teachers and professors of public or
leaving, Z passed near A and threw a small duly recognized private schools, colleges and
flower pot at him but it was deflected by B. a) universities in the actual performance of
What, if any,
SUGGESTED are the respective criminal
ANSWER: their professional duties or on the occasion of
liability
a) X isofliable
X Y and Z? (6%)Assault
for Direct b) Would your
only, such performance are deemed persons in
answer
assuming bethe
thephysical
same if B were ainflicted
injuries barangay on B, authority for purposes of the crimes of direct
tanod only? (4%)
the Barangay Chairman, to be only slight and assault and of resistance and disobedience in
hence, would be absorbed in the direct Articles 148 and 151 of said Code. And any
assault. A Barangay Chairman is a person person who comes to the aid of persons in
in authority (Art. 152, RPC) and in this case, authority shall be deemed an agent of a
was performing his duty of maintaining person in authority. Accordingly, the attack
peace and order when attacked. on C is, in the eyes of the law, an attack on an
Y is liable for the complex crimes of Direct Art 148; Persons in Authority/Agents of Persons
agent of a person in authority, not just an
Assault With Less Serious Physical Injuries in Authority (2000)
attack on a student.
for the fist blow on A, the teacher, which Who are deemed to be persons in authority
caused the latter to fall down. For purposes and agents of persons in authority? (3%)
of the crimes in Arts. 148 and 151 of the SUGGESTED ANSWER:
Revised Penal Code, a teacher is considered Persons in authority are persons directly
a person in authority, and having been vested with jurisdiction, whether as an
attacked by Y by reason of his performance individual or as a member of some court or
of official duty, direct assault is committed government corporation, board, or
with the resulting less serious physical commission. Barrio captains and barangay
injuries completed. Z, the mother of X and chairmen are also deemed persons in
Agents
authority. of persons
(Article in authority are
152, RPC)
wife of Y may only be liable as an accomplice
persons who by direct provision of law or by
to the complex crimes of direct assault with
election or by appointment by competent
less serious physical injuries committed by Y.
authority, are charged with maintenance of
Her participation should not be considered
public order, the protection and security of
as that of a coprincipal, since her reactions
b) If B were a Barangay Tanod only, the act life and property, such as barrio councilman,
were only incited by her relationship to X
of X of laying hand on him, being an agent of barrio policeman, barangay leader and any
and Y. as the mother of X and the wife of Y.
a person in authority only, would constitute person who comes to the aid of persons in
the crime of Resistance and Disobedience In applying
authority (Art.the provisions
152, RPC), of Articles 148
under Article 151, since X, a high school and 151 of the Rev. Penal Code, teachers,
pupil, could not be considered as having professors and persons charged with the
acted out of contempt for authority but more supervision of public or duly recognized
of helping his father get free from the grip private schools, colleges and universities,
of B. Laying hand on an agent of a person in and lawyers in the actual performance of
authority is not ipso facto direct assault, their professional duties or on the occasion
while it would always be direct assault if of such performance, shall be deemed
Art
done148;toDirect Assault;inTeachers
a person & Professors
authority in defiance to persons in authority. (P.D. No. 299, and Batas
(2002)
A, a lady professor, was giving an Art 156; Delivery
Pambansa of Prisoners from Jail
Blg. 873).
the latter is exercise of authority. (2002)
examination. She noticed B, one of the A, a detention prisoner, was taken to a
students, cheating. She called the student's hospital for emergency medical treatment.
attention and confiscated his examination His followers, all of whom were armed, went
booklet, causing embarrassment to him. The to the hospital to take him away or
following
Criminal Law Bar E
xamination Q & A (1994-2006)
help him escape. The prison guards, seeing
that they were outnumbered and that
resistance would endanger the lives of other
patients, deckled to allow the prisoner to be
taken by his followers. What crime, if any,
SUGGESTED ANSWER:
was committed by A's followers? Why? (3%)
A's followers shall be liable as principals in
the crime of delivery of prisoner from Jail
(Art. 156, Revised Penal Code).

The felony is committed not only by removing


from any jail or penal establishment any
person confined therein but also by helping in
the escape of such person outside of said
establishments by means of violence,
intimidation, bribery, or any other means.
Art 157; Evasion of Service of Sentence
(1998)
Manny killed his wife under exceptional
circumstances and was sentenced by the
Regional Trial Court of Dagupan City to
suffer the penalty of destierro during which
he was not to enter the city.
While serving sentence, Manny went to
Dagupan City to visit his mother. Later, he
1.
wasDid Mannyincommit
arrested Manila.any
2. If so,
crime? where should he be
[3%]
prosecuted?
SUGGESTED [2%]
ANSWER:
1. Yes. Manny committed the crime of
evasion of service of sentence when he went
to Dagupan City, which he was prohibited
from entering under his sentence of
destierro.
A sentence imposing the penalty of destierro
is evaded when the convict enters any of the
place/places he is prohibited from entering
under the sentence or come within the
prohibited radius. Although destierro does
not involve imprisonment, it is nonetheless a
deprivation of liberty. (People vs. Abilong. 82
2. Manny
Phil. 172).may be prosecuted in Dagupan
City or in Manila where he was arrested.
This is so because evasion of service of
sentence is a continuing offense, as the
convict is a fugitive from justice in such
case. (Parulan vs. Dir. of Prisons, L-
28519, 17 Feb. 1968)
46 of 86
acting as principal offenders, launched a
swift attack thru strategy, stealth, threat,
violence or intimidation against duly
constituted authorities of the Republic of the
Philippines, military camp or installation,
communication networks, public facilities or
utilities needed for the exercise and
continued possession of governmental
powers, for the purpose of seizing or
Unlike rebellion
diminishing which requires a public
state powers.
uprising, coup d'etat may be carried out
singly or simultaneously and the principal
offenders must be members of the military,
national police or public officer, with or
without civilian support. The criminal
objective need not be to overthrow the
existing government but only to destabilize
Complex Crime;
or paralyze the Direct
existingAssault with murder
government.
(2000)
Because of the approaching town fiesta in
San Miguel, Bulacan, a dance was held in
Barangay Camias. A, the Barangay Captain,
was invited to deliver a speech to start the
dance. While A was delivering his speech. B,
one of the guests, went to the middle of the
dance floor making obscene dance
movements, brandishing a knife and
challenging everyone present to a fight. A
approached B and admonished him to keep
quiet and not to disturb the dance and peace
of the occasion. B, instead of heeding the
advice of A, stabbed the latter at his back
twice when A turned his back to proceed to
SUGGESTED ANSWER:
the microphone
The complex crime to continue
of direct hisassault
speech.with
A
fell to the
murder was ground and died.
committed. A, At
as the time of
a Barangay
the incident
Captain, is aA person
was notinarmed. What
authority andcrime
was
was
actingcommitted? Explain.
in an official (2%)when he tried to
capacity
maintain peace and order during the public
dance in the Barangay, by admonishing B to
keep quiet and not to disturb the dance and
peace of the occasion. When B, instead of
heeding A's advice, attacked the latter, B
acted in contempt and lawless defiance of
authority constituting the crime of direct
assault, which characterized the stabbing of
A. And since A was stabbed at the back when
Art. 134; Rebellion vs. Coup d'etat
he was not in a position to defend himself nor
(2004)
Distinguish clearly but briefly: Between
retaliate, there was treachery in the stabbing.
rebellion and coup d'etat, based on their
Hence, the death caused by such stabbing
constitutive elements as criminal offenses.
SUGGESTED ANSWER:
was murder
Art 148; Directand having
Assault withbeen committed with
murder
REBELLION is committed when a multitude direct
(1995) assault, a complex
Pascual operated a rice thresher crime of direct
in
of persons rise publicly in arms for the assault with murder was committed
Barangay Napnud where he resided. by B.
purpose of overthrowing the duly constituted Renato, a resident of the neighboring
government, to be replaced by a government Barangay Guihaman, also operated a mobile
of the rebels. It is carried out by force and rice thresher which he often brought to
violence, but need not be participated in by Barangay Napnud to thresh the palay of the
any member of the military, national police farmers there. This was bitterly resented by
COUP D'ETATofficer.
or any public is committed when members Pascual, one afternoon Pascual, and his two
of the military, Philippine National Police, or sons confronted Renato and his men who
public officer, were operating their mobile rice thresher
along a feeder road in Napnud. A heated
argument ensued. A barangay captain who
was
Criminal Law Bar Examination Q & A (1994-2006)
fetched by one of Pascual's men tried to
appease Pascual and Renato to prevent a
violent confrontation. However, Pascual
resented the intervention of the barangay
captain and hacked him to death. What
SUGGESTED
crime was ANSWER:
committed by Pascual? Discuss
Pascual
fully. committed the complex crime of
homicide with assault upon a person in
authority (Arts. 148 and 249 in relation to
Art, 48, RPC). A barangay chairman, is in
law (Art. 152), a person in authority and if he
is attacked while in the performance of his
official duties or on the occasion thereof the
felony of direct assault is committed.
Art. 48, RPC, on the other hand, provides
that if a single act produces two or more
grave or less grave felonies, a complex
crime is committed. Here, the single act of
the offender in hacking the victim to death
resulted in two felonies, homicide which is
grave and direct assault which is less grave.
Crimes against Public Interest
False Notes; Illegal Possession
(1999)
1 Is mere possession of false money bills
punishable under Article 168 of the Revised Penal
Code? Explain. (3%)
2 The accused was caught in possession of
100 counterfeit P20 bills. He could not explain
how and why he possessed the said bills. Neither
could he explain what he intended to do with the
fake bills. Can he be held criminally liable for
such possession? Decide. (3%}
SUGGESTED ANSWER:
1 No. Possession of false treasury or bank
note alone without an intent to use it, is not
punishable. But the circumstances of such
possession may indicate intent to utter, sufficient
to consummate the crime of illegal possession of
false notes.
2 Yes. Knowledge that the note is counterfeit
and intent to use it may be shown by the conduct
of the accused. So, possession of 100 false bills
reveal: (a) knowledge that the bills are fake; and
(b) intent to utter the same.
47 of 86 The judge immediately ordered
the prosecution of Andrew for giving a false
testimony favorable to the defendant in a
criminal case. 1.] Will the case against
Andrew prosper? 2.] Paolo was acquitted.
The decision became final on
January 10, 1987. On June 18, 1994 a case of
false testimony was filed against Andrew. As his
giving
lawyer, what legal step will you
take? ANSWER:
SUGGESTED
1) Yes. For one to be criminally liable under
Art. 181, RFC, it is not necessary that the
criminal case where Andrew testified is
terminated first. It is not even required of
the prosecution to prove which of the two
statements of the witness is false and to
prove the statement to be false by evidence
other than the contradictory statements
(People vs. Arazola, 13 Court of Appeals Report,
2)
2ndAs lawyer
series, of Andrew, I will file a motion to
p. 808).
quash the Information on the ground of
prescription. The crime of false testimony
under Art. 180 has prescribed because
Paolo, the accused in the principal case, was
acquitted on January 10, 1987 and therefore
the penalty prescribed for such crime is
arresto mayor under Art. 180, par. 4, RPC.
Crimes punishable by arresto mayor
prescribes in five (5) years (Art. 90, par. 3,
RPC). But the case against Andrew was filed
only on June 18, 1994, whereas the principal
criminal case was decided with finality on
January 10, 1987 and, thence the
prescriptive period of the crime commenced
to run. From January 10, 1987 to June 18,
Falsification;
1994 is morePresumption
than five (5) of years.
Falsification
(1999)
A falsified official or public document was
found in the possession of the accused. No
evidence was introduced to show that the
accused was the author of the falsification.
As a matter of fact, the trial court convicted
the accused of falsification of official or
public document mainly on the proposition
that "the only person who could have made
the erasures and the superimposition
mentioned is the one who will be benefited
by the alterations thus made" and that "he
Was
alonethecould conviction
have the of the for
motive accused
making proper
such
False Testimony although
alterations".the conviction was premised merely
(1994)
Paolo was charged with homicide before the on the aforesaid ratiocination? Explain your
Regional Trial Court of Manila. Andrew, a SUGGESTED
answer. (3%) ANSWER:
prosecution witness, testified that he saw Yes, the conviction is proper because there is
Paolo shoot Abby during their heated a presumption in law that the possessor and
argument. While the case is still pending, the user of a falsified document is the one who
City Hall of Manila burned down and the falsified the same.
Forgery & Falsification
entire records of the case were destroyed. (1999)
How are "forging" and "falsification" committed?
Later, the records were reconstituted.
(3%)
SUGGESTED ANSWER:
Andrew was again called to the witness FORGING or forgery is committed by giving
stand. This time he testified that his first to a treasury or bank note or any instrument
testimony was false and the truth was he was payable to bearer or to order the
abroad when the crime took place. appearance of a true and genuine
Criminal Law Bar Examination Q & A (1994-2006)
48 of 86
document; or by erasing, substituting, Sisenando purchased the share of the
counterfeiting, or altering by any means the stockholders of Estrella Corporation in two
figures, letters, words or signs contained installments, making him the majority
therein. stockholder thereof and eventually, its
FALSIFICATION, on the other hand, is committed president. Because the stockholders who sold
1
by: Counterfeiting or imitating any their stocks failed to comply with their
handwriting, signature or rubric; warranties attendant to the sale, Sisenando
2 Causing it to appear that persons have withheld payment of the second installment
participated in any act or proceeding when they due on the shares and deposited the money in
did not in fact so participate; escrow instead, subject to release once said
3 Attributing to persons who have stockholders comply with their warranties.
participated in an act or proceeding statements The stockholders concerned, in turn,
other than those in fact made by them; rescinded the sale in question and removed
4 Making untruthful statements in a Sisenando from the Presidency of the Estrella
narration of facts; Corporation, Sisenando then filed a verified
5 Altering true dates; complaint for damages against said
6 Making any alteration or intercalation in a stockholders in his capacity as president and
genuine document which changes its meaning; principal stockholder of Estrella Corporation.
7 Issuing in an authenticated form a In retaliation, the stockholders concerned,
document purporting to be a copy of an original after petitioning the Securities and Exchange
document when no such original exists, or Commission to declare the rescission valid,
including in such copy a statement contrary to, or further filed a criminal case for perjury
different from, that of the genuine original; or against Sisenando, claiming that the latter
8 Intercalating any instrument or note perjured himself
SUGGESTED ANSWER:when he stated under oath
relative to the issuance thereof in a protocol, No, Sisenando
in the mayofnot
verification hisbe held liable
complaint for for
registry, or official book. perjury
damages because
that he It
iscannot be reasonably
the President of the
Grave Scandal maintained that he willfully
Estrella Corporation when inand
factdeliberately
he had
(1996)
Pia, a bold actress living on top floor of a made
already anbeen
assertion of a as
removed falsehood whenthe
such. Under he
plush condominium in Makati City alleged
facts of in
thethe complaint
case, that he is be
could Sisenando theheld
sunbathed naked at its penthouse every President of the Corporation,
liable for perjury? Explain. obviously, he
Sunday morning. She was unaware that the made the allegation on the premise that his
business executives holding office at the removal from the presidency is not valid and
adjoining tall buildings reported to office that is precisely the issue brought about by
every Sunday morning and, with the use of his complaint to the SEC. It is a fact that
powerful binoculars, kept on gazing at her Sisenando has been the President of the
while she sunbathed. Eventually, her corporation and it is from that position that
sunbathing became the talk of the town. 1) the stockholders concerned purportedly
What crime, if any, did Pia commit? Explain, removed him, whereupon he filed the
SUGGESTED ANSWER:
2) What crime, if any, did the business complaint questioning his removal. There is
1) Pia did not commit a crime, the felony Perjury
executives commit? Explain.
closest to making Pia criminally liable is no willful and deliberate assertion of a
(1997)
A, a government employee, was
falsehood which is a requisite of perjury.
Grave Scandal, but then such act is not to be administratively charged with immorality for
considered as highly scandalous and having an affair with B, a coemployee in the
offensive against decency and good customs. same office who believed him to be single. To
In the first place, it was not done in a public exculpate himself, A testified that he was
place and within public knowledge or view. single and was willing to marry B, He
As a matter of fact it was discovered by the induced C to testify and C did testify that B
executives accidentally and they have to use was single. The truth, however, was that A
binoculars to have public and full view of Pia had earlier married D, now a neighbor of C.
2) The business
sunbathing executives
in the nude. did not commit SUGGESTED ANSWER:
Is A guilty of perjury? Are A and C guilty of
any crime. Their acts could not be acts of No. A is not guilty of perjury because the
subordination of perjury?
lasciviousness [as there was no overt lustful willful falsehood asserted by him is not
act), or slander, as the eventual talk of the material to the charge of immorality.
town, resulting from her sunbathing, is not Whether A is single or married, the charge
directly imputed to the business executives, of immorality against him as a government
and besides such topic is not intended to employee could proceed or prosper. In other
defame or put Pia to ridicule. words, A's civil status is not a defense to the
Perjury charge of immorality, hence, not a material
(1996) matter that could influence the charge.
Criminal Law Bar Examination Q & A (1994-2006)
49 of 86
There is no crime of subornation of perjury. consideration" of the prompt enforcement
The crime is now treated as plain perjury of the writ of execution which is an official
with the one inducing another as the duty of the ANSWER;
ALTERNATIVE sheriff to do.
principal inducement, and the latter, as a) On the premise that even without the
principal by direct participation (People vs. P2,000, Sheriff Ben Rivas had to carry out
Podol 66 Phil. 365). Since in this case A cannot the writ of execution and not that he would
be held liable for perjury, the matter that he be implementing the writ only because of
testified to being immaterial, he cannot the P2,000.00, the receipt of the amount by
therefore be held responsible as a principal said sheriff may be regarded as a gift
by inducement when he induced C to testify received by reason of his office and not as a
on his status. Consequently, C is not liable as "consideration" for the performance of an
principal by direct participation in perjury, official duty; hence, only indirect Bribery
Perjury b)
would Onbe the part of the
committed byplaintiff and her
said sheriff.
having testified on matters not material to an lawyer as giver of the bribe-money, the
(2005)
Al Chua, a Chinese
administrative case.national, filed a petition crime is Corruption of Public Officials under
under oath for naturalization, with the
Regional Trial Court of Manila. In his Article 212, Revised Penal Code.
petition, he stated that he is married to Leni Direct Bribery: Infidelity in the Custody of
Chua; that he is living with her in Sampaloc, Documents (2005)
Manila; that he is of good moral character; During a PNP buy-bust operation, Cao Shih
and that he has conducted himself in an was arrested for selling 20 grams of
irreproachable manner during his stay in the methamphetamine hydrochloride (shabu) to
Philippines. However, at the time of the filing a poseur-buyer. Cao Shih, through an
of the petition, Leni Chua was already living intermediary, paid Patrick, the Evidence
in Cebu, while Al was living with Babes Toh Custodian of the PNP Forensic Chemistry
in Manila, with whom he has an amorous Section, the amount of P500,000.00 in
relationship. After his direct testimony, Al consideration for the destruction by Patrick
Chua withdrew his petition for naturalization. of the drug. Patrick managed to destroy the
SUGGESTED ANSWER: drug. State with reasons whether Patrick
What
Al Chua crime or crimes,
committed if any,His
perjury. diddeclaration
Al Chua SUGGESTED ANSWER:
commit? Explain. (5%) committed the following crimes: (7%) 1.]
under oath for naturalization that he is of Patrick committed the crimes of Direct
Direct
BriberyBribery;
and Infidelity in the Custody of
good moral character and residing at
Sampaloc, Manila are false. This information Documents. When a public officer is called
is material to his petition for naturalization. upon to perform or refrain from performing
He committed perjury for this willful and an official act in exchange for a gift, present
deliberate assertion of falsehood which is or consideration given to him (Art. 210,
contained in a verified petition made for a Revised Penal Code), the crime committed is
legal purpose. (Choa v. People, G.R. No. 142011, direct bribery. Secondly, he destroyed the
Crimes
March Committed
14, 2003) by Public shabu which is an evidence in his official
Officers custody, thus, constituting infidelity in the
custody of documents under Art. 226 of the
Bribery & Corruption of Public Official
2.]
RevisedIndirect bribery;
Penal Code.
SUGGESTED ANSWER:
(2001)
Deputy Sheriff Ben Rivas received from the Indirect bribery was not committed because
RTC Clerk of Court a Writ of Execution in the he did not receive the bribe because of his
case of Ejectment filed by Mrs. Maria office but in consideration of a crime in
Estrada vs. Luis Ablan. The judgment being connection with his official duty.
in favor of Estrada, Rivas went to her
lawyer's office where he was given the 3.] Section 3(e) of RA 3019 (Anti-
necessary amounts constituting the sheriffs Graft and Corrupt Practices Act);
fees and expenses for execution in the total SUGGESTED ANSWER:
amount of P550.00, aside from P2,000.00 in See. 3(e), R.A. No. 8019 was not committed
consideration of prompt enforcement of the because there was no actual injury to the
writ from Estrada and her lawyer. The writ government. When there is no specific
was successfully enforced. a) What crime, if quantified injury, violation is not committed.
any, did the sheriff commit? (3%) b) Was (Garcia-Rueda vs Amor, et al., G.R. No. 116938,
SUGGESTED ANSWER: September 20, 2001)
there
a) Theany crime
sheriff committed
committed theby Estrada
crime and
of Direct
her lawyer and if so, what crime? (2%) 4.] Obstruction of Justice under PD
Bribery under the second paragraph of SUGGESTED ANSWER:
1829;
Article 210, Revised Penal Code, since the Patrick committed the crime of obstruction
P2,000 was received by him "in of justice although the feigner penalty
imposable on direct bribery
Criminal Law
Bar Examination Q & A (1994-2006)
50 of 86
or infidelity in the custody of documents account for the government property is
shall be imposed. Sec. 1 of P.D. No. 1829 enough factual basis for a finding of
refers merely to the imposition of the higher malversation. Indeed, even his explanation
penalty and does not preclude prosecution that the guns were stolen is incredible. For if
for obstruction of justice, even if the same the firearms were actually stolen, he should
ALTERNATIVE
not constitute ANSWER:
another offense. have reported the matter immediately to the
Obstruction of Justice is not committed in authorities. (People vs. Baguiran , 20 SCRA 453;
this case, because the act of destroying the Felicilda us. Grospe, GR No. 10294, July 3, 1992)
evidence in his custody is already penalized Malversation
by another law which imposes a higher (1999)
What constitutes the crime of malversation
penalty. (Sec. 1, P.I). No. 1829) of public funds or property? (2%)
Jurisdiction; Impeachable Public Officers SUGGESTED ANSWER:
(2006)
Judge Rod Reyes was appointed by former Malversation of public funds or property is
President Fidel Ramos as Deputy committed by any public officer who, by
Ombudsman for the Visayas for a term of 7 reason of the duties of his office, is
years commencing on July 5,1995. Six accountable for public funds or property,
months thereafter, a lady stenographer filed shall take or misappropriate or shall consent,
with the Office of the Ombudsman a or through abandonment or negligence, shall
complaint for acts of lasciviousness and with permit any other person to take such public
the Supreme Court a petition for disbarment funds or property, wholly or partially, or shall
against him. Forthwith, he filed separate otherwise be guilty of the misappropriation
motions to dismiss the complaint for acts of or malversation of such funds or property,
Malversation
lasciviousness and petition for disbarment, (Art, 217, RPC)
SUGGESTED ANSWER: (1999)
A Municipal Treasurer, accountable for
claiming
The motion lacktoof jurisdiction
dismiss over his of
the complaint person
the public funds or property, encashed with
and office. Are both motions
Deputy Ombudsman for the acts of meritorious? public funds private checks drawn in favor
(5%)
lasciviousness should be denied as only the of his wife. The checks bounced, the drawer
Ombudsman is included in the list of not having enough cash in the drawee bank.
impeachable officers found in Article XI of the The Municipal Treasurer, in encashing
1987 Constitution. Therefore, the private checks from public funds, violated
Sandiganbayan has jurisdiction over his regulations of his office. Notwithstanding
prosecution (Office of the Ombudsman vs. restitution of the amount of the checks, can
SUGGESTED ANSWER:
CA, G.R. 146486, March 4, 2005). Likewise, the Municipal Treasurer nevertheless be
Yes, notwithstanding the restitution of the
the Supreme Court has jurisdiction over the criminally liable? What crime did he
amount of the check, the Municipal
petition for disbarment, as he is a member of commit? Explain. (2%)
Treasurer will be criminally liable as
the bar. His motion to dismiss should be restitution does not negate criminal liability
Malversation
denied (See Rule 139 and 139 of the Rules of although it may be considered as a
(1994)
Randy,
Court). an NBI agent, was issued by the NBI mitigating circumstance similar or
an armalite rifle (Ml6) and a Smith and
Wesson Revolver. Cal. 38. After a year, the analogous to voluntary surrender. (People
NBI Director made an inspection of all the vs. Velasquez, 73 Phil 98), He will be
firearms issued. Randy, who reported for criminally liable for malversation. However,
work that morning, did not show up during if the restitution was made immediately,
the inspection. He went on absence without under vehement protest against an
Malversation
imputation of malversation and without
leave (AWOL). After two years, he (2001)
Alex Reyes, together
surrendered to the NBI the two firearms leaving the office, he with
may Jose Santos,
not be were
criminally
former
liable. warehousemen of the Rustan
issued to him. He was charged with Department Store. In 1986, the PCGG
Randy put up of
malversation the defense that
government he did not
property before
appropriate the armalite rifle and the sequestered the assets, fund and properties
the Sandiganbayan. of the owners-incorporators of the store,
revolver for his own use, that the delay in
accounting for them does not constitute alleging that they constitute "Ill-gotten
conversion and that actually the firearms wealth" of the Marcos family. Upon their
were stolen by his friend, Chiting. Decide the application, Reyes and Santos were
SUGGESTED
case. ANSWER: appointed as fiscal agents of the sequestered
Randy is guilty as charged under Art. 217, firm and they were given custody and
RPC. He is accountable for the firearms they possession of the sequestered building and
issued to him in his official capacity. The its contents, including various vehicles used
failure of Randy to submit the firearms upon in the firm's operations. After a few months,
demand created the presumption that he an inventory was conducted and it was
converted them for his own use. Even if discovered that two (2) delivery vans were
there is no direct evidence of missing. After demand was made upon them,
misappropriation, his failure to Reyes and Santos failed to give any
satisfactory explanation why the vans were
missing or to turn them over to the PCGG;
hence, they were charged with Malversation
of Public Property. During the trial, the two
Criminal Law Bar Examination Q & A (1994-2006)
51 of 86
accused claimed that they are not public Dela Renta may still be suspended pendente
accountable officers and, if any crime was lite despite holding a different public office,
committed, it should only be Estafa under the PDIC, when he was charged. The term
Art. 315, par. l(b) of the Revised Penal Code. "office" in Sec. 13 of R.A. 3019 applies to
What is the proper offense committed? State any office which the officer might currently
the reason(s) for your answer. (5%) be holding and not necessarily the office or
SUGGESTED ANSWER: position in relation to which he is charged
The proper offense committed was (Segovia v. Sandiganbayan, G.R. No. 122740,
Malversation of Public Property, not estafa, Malversation vs.
March 30,1998). Estafa
considering that Reyes and Santos, upon (1999)
How is malversation distinguished from
their application, were constituted as "fiscal estafa?
SUGGESTED ANSWER:
agents" of the sequestered firm and were Malversation differs from estafa in that
"given custody and possession" of the malversation is committed by an accountable
sequestered properties, including the public officer involving public funds or
delivery vans which later they could not property under his custody and
account for. They were thus made the accountability; while estafa is committed by
depositary and administrator of properties non-accountable public officer or private
deposited by public authority and hence, by individual involving funds or property for
the duties of their office/position, they are which he is not accountable to the
Malversation:
government. Anti-Fencing: Carnapping
accountable for such properties. Such
(2005) Allan, the Municipal Treasurer of the
properties, having been sequestered by the
Municipality of Gerona, was in a hurry to
Government through the PCGG, are in
The failure of Reyes and Santos to give any return to his office after a day-long official
custodia legis and therefore impressed with
satisfactory explanation why the vans were conference. He alighted from the government
the character of public property, even though
missing, is prima facie evidence that they car which was officially assigned to him,
the properties belong to a private individual
had put the same to their personal use. leaving the ignition key and the car unlocked,
(Art. 222, RPC).
Malversation and rushed to his office. Jules, a bystander,
(2006)
1. In 1982, the Philippine National Bank drove off with the car and later sold the same
(PNB), then a government banking What are theDanny
to his brother, respective crimes, if any,
for P20,000.00,
institution, hired Henry dela Renta, a CPA, as committed
although the bycar Allan, Danny
was worth and Jules?
P800,000.00.
Regional Bank Auditor. In 1992, he resigned SUGGESTED ANSWER:
Explain.
and was employed by the Philippine Deposit Allan, the municipal treasurer is liable for
Insurance Corporation (PDIC), another malversation committed through negligence
government-owned and controlled or culpa. The government car which was
corporation. In 1995, after the PNB assigned to him is public property under his
management unearthed many irregularities accountability by reason of his duties. By his
and violations of the bank's rules and act of negligence, he permitted the taking of
regulations, dela Renta was found to have the car by another person, resulting in
manipulated certain accounts involving trust malversation, consistent with the language
Danny violated
of Art. 217 of thethe Anti-Fencing
Revised Law. He is
Penal Code.
funds and time deposits of depositors. After in possession of an item which is the subject
investigation, he was charged with P.D.
of No. 1612 (Anti-Fencing Law) under
thievery.
malversation of public funds before the
SUGGESTED ANSWER: Section 5 provides that mere possession of
Sandiganbayan.
The contention ofHe filed dela
Henry a motion
Rentatoisdismiss
not any good, article, item, object or any thing of
contending
tenable. Dela Renta may be prosecuted forof
he was no longer an employee value which has been the subject of robbery
the PNB but of
malversation the ifPDIC.
even he hadIs dela Renta's
ceased to be an or thievery shall be prima facie, evidence of
contention tenable? (2.5%)
employee of the PNB. At the time of the fencing.
commission of the offense, PNB was a Jules is guilty of carnapping. He took the
government owned and controlled motor vehicle belonging to another without
corporation and therefore, any crime the latter's consent. (R.A. No. 6539)
committed by the Regional Bank Auditor,
who is a public officer, is subject to the What, if any, are their respective civil
2. After his arraignment,
jurisdiction the prosecution
of the Sandiganbayan (See R.A. liabilities? Explain. (5%)
filed SUGGESTED ANSWER:
7975 as amended by RA. 8249). pendente
a motion for his suspension
Allan is under obligation to restitute the
lite, to which he filed an opposition claiming
that he can no longer be suspended as he is vehicle or make reparation if not possible.
no longer an employee of the PNB but that
Jules must pay the amount he gained from
of the PDIC. Explain whether he may or may
the sale of the car which is P20,000.00.
not be suspended. (2.5%)
SUGGESTED ANSWER:
Criminal Law Bar Examination Q & A (1994-2006)
52 of 86
Danny must make reparation corresponding Works and Highways, the amount of
to the value of the car which is P100,000.00 known as the fund for
P800,000.00. construction, rehabilitation, betterment, and
Malversation; Properties; Custodia Legis Improvement (CRBI) for the concreting of
(2001)
Accused Juan Santos, a deputy sheriff in a Barangay Phanix Road located in Masinloc,
Regional Trial Court, levied on the personal Zambales, a project undertaken on proposal
properties of a defendant in a civil case of the Barangay Captain. Informed that the
before said court, pursuant to a writ of fund was already exhausted while the
execution duly issued by the court. Among concreting of Barangay Phanix Road
the properties levied upon and deposited remained unfinished, a representative of the
inside the "evidence room" of the Clerk of Commission on Audit conducted a spot audit
Court for Multiple RTC Salas were a of Elizabeth who failed to account for the
refrigerator, a stock of cassette tapes, a Pl00,000 CRBI fund. Elizabeth, who was
dining table set of chairs and several charged with malversation of public funds,
lampshades. Upon the defendant's paying off was acquitted by the Sandiganbayan of that
the judgment creditor, he tried to claim his charge but was nevertheless convicted, in the
properties but found out that several items same criminal case, for illegal use of public
were missing, such as the cassette tapes, funds. On appeal, Elizabeth argued that her
chairs and lampshades. After due and conviction was erroneous as she applied the
diligent sleuthing by the police detectives amount of ANSWER:
SUGGESTED P50,000.00 for a public purpose
assigned to the case, these missing items without
Elizabeth'sviolating any law
contention orher
that ordinance
conviction
were found
SUGGESTED in the house of accused Santos,
ANSWER: appropriating the said amount for any
for illegal use of public funds (technical
who
If reasoned
I were out that he only Iborrowed
the fiscal/prosecutor, would file an specific purpose.
malversation) wasThe absence is
erroneous, oflegally
such law or
them temporarily.
information If you wereagainst
for Malversation the fiscal
Juan ordinance was, in fact, established.
tenable because she was charged for Is the
/prosecutor,
Santos for thewhat wouldtapes,
cassette be thechain
nature
and of the contention of of
malversation Elizabeth legally
public funds tenable?
under Art. 217
information to
lampshades be filed
which against
he, as deputy the accused?
sheriff, Explain.
of the Revised Penal Code but was convicted
Why? (5%)
levied upon and thus under his for Illegal use of public funds which is
accountability as a public officer. Said defined and punished under Art. 220 of said
properties being under levy, are in custodia Code. A public officer charged with
legis and thus impressed with the character malversation may not be validly convicted of
of public property, misappropriation of which illegal use of public funds (technical
constitutes the crime of malversation malversation) because the latter crime is not
Juan Santos
although said misappropriated
properties belongedsuch toproperties
a necessarily included nor does it necessarily
when,
privateinindividual
breach of(Art.
trust, he applied
222, RPC). them to include the crime of malversation. The
his own private use and benefit. His Sandiganbayan should have followed the
allegation that he only borrowed such procedure provided in Sec. 11, Rule 119 of
properties is a lame excuse, devoid of merit the Rules of Court and order the filing of the
as there is no one from whom he borrowed proper Information. (Parungao us.
the same. The fact that it was only "after due Sandiganbayan. 197 SCRA 173.) From the
and diligent sleuthing by the police facts, there is no showing that there is a law
detectives assigned to the case", that the or ordinance appropriating the amount to a
ALTERNATIVE ANSWER:
missing items were found in the house of Public Officers; definition
An information for Theft may be filed, specific
Who are publicpurpose.
(1999) public officers? As a matter of fact,
(2%)
Santos, negates his pretension. the problem categorically states that the
considering that the sheriff had already SUGGESTED ANSWER:
deposited the properties levied upon in the absence
Public of suchare
Officers lawpersons
or ordinance
who, by was, in
direct
"evidence room" of the Clerk of Court and fact, established."
provision of the law, So,popular
procedurally and
election or
may have already been relieved of his substantially by
appointment , the Sandiganbayan's
competent decision
authority, takes
accountability therefor. suffers from
part in the serious Infirmity.
performance of public functions
If Juan Santos was no longer the public in the Government of the Philippines, or
officer who should be accountable for the performs in said Government or in any of its
properties levied upon and found in his branches public duties as an employee,
house, his taking of such properties would agent or subordinate official, of any rank or
no longer constitute Malversation but Theft, Public
class Officers;
(Art. 203,Infidelity
RPC)in Custody of Prisoners
as there was taking with intent to gain, of (1996)
A chief of police of a municipality, believing
personal property of another without the in good faith that a prisoner serving a ten-
Malversation;
consent of theTechnical Malversation
latter. day sentence in the municipal jail, would not
(1996)
Elizabeth is the municipal treasurer of escape, allowed said prisoner to sleep at the
Masinloc, Zambales. On January 10, 1994, latter's house because the municipal Jail was
she received, as municipal treasurer, from so congested and there was no bed space
the Department of Public available. Accordingly, the prisoner went
home to sleep every night
Criminal Law Bar Examination Q & A (1994-2006)
53 of 86
but returned to jail early each morning, SUGGESTED ANSWER:
until the ten-day sentence had been fully Pascual committed the complex crime of
served. Did the Chief of Police commit any homicide with assault upon a person in
SUGGESTED ANSWER:
crime? Explain. authority (Arts. 148 and 249 in relation to
The Chief of Police is guilty of violation of Art, 48, RPC). A barangay chairman, is in
Art. 223, RPC, consenting or conniving to law (Art. 152), a person in authority and if he
evasion, the elements of which are (a) he is is attacked while in the performance of his
a public officer, (b) he is in charge or official duties or on the occasion thereof the
custody of a prisoner, detention or prisoner felony of direct assault is committed.
by final judgment, (c) that the prisoner Art. 48, RPC, on the other hand, provides
escaped, and (d) there must be connivance. that if a single act produces two or more
Relaxation of a prisoner is considered grave or less grave felonies, a complex
infidelity, thus making the penalty crime is committed. Here, the single act of
ineffectual; although the convict may not the offender in hacking the victim to death
have fled (US vs. Bandino, 9 Phil. 459) it is still resulted in two felonies, homicide which is
violative of the provision. It also includes a grave and direct assault which is less grave.
case when the guard allowed the prisoner, Complex Crime; Parricide w/ unintentional
(People vs. Revilla).
who is serving a six-day sentence in the abortion (1994)
municipal Jail, to sleep in his house and eat Aldrich was dismissed from his Job by his
Public
there Officers; Infidelity in Custody of Prisoners employer. Upon reaching home, his
(1997)
During a town fiesta. A, the chief of police, pregnant wife, Carmi, nagged him about
permitted B, a detention prisoner and his money for her medicines. Depressed by his
compadre, to leave the municipal jail and dismissal and angered by the nagging of his
10:00 a.m.visitors
entertain to 8:00inp.m. B returned
his house from to the municipalwife, Aldrich struck Carmi with his fist. She
8:30
jail atp.m. Was there any crime committed by fell to the ground. As a result, she and her
A?
SUGGESTED ANSWER: SUGGESTED
unborn baby ANSWER:
died. What crime was
Yes, A committed the crime of infidelity in Aldrich committed the crime of parricide
committed by Aldrich?
the custody of a prisoner. Since B is a with unintentional abortion. When Aldrich
detention prisoner. As Chief of Police, A has struck his wife, Carmi, with his fist, he
custody over B. Even if B returned to the committed the crime of maltreatment under
municipal Jail at 8:30 p.m. A, as custodian of Art, 266, par. 3 of the Revised Penal Code,
the prisoner, has maliciously failed to Since Carmi died because of the felonious act
perform the duties of his office, and when he of Aldrich, he is criminally liable of parricide
permits said prisoner to obtain a relaxation under Art. 246, RPC in relation to Art. 4, par.
of his imprisonment, he consents to the 1 of the same Code. Since the unborn baby of
prisoner escaping the punishment of being Carmi died in the process, but Aldrich had no
deprived of his liberty which can be intention to cause the abortion of his wife,
ALTERNATIVE ANSWER:
considered
No crime was real and actualbyevasion
committed the Chiefof service
of Aldrich committed unintentional abortion as
under Article 223 of the Revised
Police. It was only an act of leniency or Penal Code defined in Art. 257, RPC. Inasmuch as the
(People vs. Leon Bandino 29 Phil. 459). single act of Aldrich produced two grave or
laxity in the performance of his duty and not
in excess of his duty (People vs. Evangelista less grave
Criminal felonies,
Liabilities; Rape;he falls under
Homicide & TheftArt, 48,
(1998
(CA) 38 O.G. 158). RPC,
No) ie. a complex crime (People
King went to the house of Laura who was vs.
Salufrancia, 159 SCRA him
401).a drink and after
Crimes Against Persons alone. Laura offered
consuming three bottles of beer. King made
Complex Crime; Homicide w/ Assault-Authority advances to her and with force and violence,
(1995)
Pascual operated a rice thresher in ravished her. Then King killed Laura and
Barangay Napnud where he resided. took her jewelry.
Renato, a resident of the neighboring Doming, King's adopted brother, learned
Barangay Guihaman, also operated a mobile about the incident. He went to Laura's
rice thresher which he often brought to house, hid her body, cleaned everything and
Barangay Napnud to thresh the palay of the washed the bloodstains inside the room.
farmers there. This was bitterly resented by Later, King gave Jose, his legitimate brother,
Pascual, One afternoon Pascual, and his two one piece of jewelry belonging to Laura. Jose
sons confronted Renato and his men who knew that the jewelry was taken from Laura
were operating their mobile rice thresher but nonetheless he sold it for P2,000. What
along a feeder road in Napnud. A heated crime or crimes did King, Doming and Jose
argument ensued. A barangay captain who commit? Discuss their criminal liabilities.
SUGGESTED
[10%] ANSWER:
was fetched by one of Pascual's men tried to
appease Pascual and Renato to prevent a
violent confrontation. However, Pascual
resented the intervention of the barangay
captain and hacked him to death. What
crime was committed by Pascual? Discuss
fully.
Criminal Law Bar Examination Q & A (1994-2006)
54 of 86
King committed the composite crime of permission from his duty officer. Upon
Rape with homicide as a single indivisible reaching the front yard of his home, he
offense, not a complex crime, and Theft. The noticed that the light in the master bedroom
taking of Laura's jewelry when she is was on and that the bedroom window was
already dead is only theft. open. Approaching the front door, he was
Criminal Liability; Tumultous Affray surprised to hear sighs and giggles inside
(1997)
During a town fiesta, a free-for-all fight the bedroom. He opened the door very
erupted in the public plaza. As a result of the C. A rushed
carefully andinside
peeped andinside
grabbed C but
where the
he saw
tumultuous affray, A sustained one fatal and latter managed to wrest himself free
his wife B having sexual intercourse with and
three superficial stab wounds. He died a day jumped out of the window, A followed suit
their neighbor
after. B, C, D and E were proven to be and managed to catch C again and after a
participants in the "rumble", each using a furious struggle, managed also to strangle
knife against A, but it could not be him to death. A then rushed back to his
ascertained who among them inflicted the bedroom where his wife B was cowering
mortal injury. Who shall be held criminally under the bed covers. Still enraged, A hit B
SUGGESTED ANSWER:
liable for the death of A and for what? with fist blows and rendered her
B, C, D, and E being participants in the
unconscious. The police arrived after being
tumultuous affray and having been proven to
summoned by their neighbors and arrested
have inflicted serious physical injuries, or at
A who was detained, inquested and charged
least, employed violence upon A, are SUGGESTED ANSWER:
for
a) the death
Yes, of C and
A is liable for serious physical
C's death but under
criminally liable for the latter's death. And
Injuries
the exceptional circumstances inC's
of B. a) Is A liable for death?
Article 247
because it cannot be ascertained who
Why? (5%) b) Is A liable for
of the Revised Penal Code, where onlyB's injuries?
among them inflicted the mortal injury on A,
Why? (5%)
destierro is prescribed. Article 247 governs
there being a free-for-all fight or tumultuous
affray. B, C, D, and E are all liable for the since A surprised his wife B in the act of
crime of death caused in a tumultuous affray having sexual intercourse with C, and the
Criminal Liability;
under Article 251 Tumultuous AffrayPenal Code.
of the Revised killing of C was "Immediately thereafter" as
(2003)
In a free-for-all brawl that ensued after some the discovery, escape, pursuit and killing of C
customers inside a night club became unruly, form one continuous act. (U.S. vs. Vargas, 2
guns were fired by a group, among them A b) Likewise, A is liable for the serious
Phil. 194)
and B, that finally put the customers back to physical injuries he inflicted on his wife B
their senses. Unfortunately, one customer but under the same exceptional
died. Subsequent investigation revealed that circumstances in Article 247 of the Revised
A's gunshot had inflicted on the victim a Penal Code, for the same reasons.
slight wound that did not cause the Death under Exceptional Circumstances
deceased's death nor materially contribute (2005)
Pete, a security guard, arrived home late
to it. It was B's gunshot that inflicted a fatal one night after rendering overtime. He was
wound on the deceased. A contended that shocked to see Flor, his wife, and Benjie, his
SUGGESTED ANSWER:
his best friend, completely naked having sexual
No, liability
I beg toshould, if at
disagree all, A's
with be contention
limited to
intercourse. Pete pulled out his service gun
slight
that his liability should be limited toagree?
physical injury. Would you slight
Why? 6%injury only. He should be held liable and shot and killed Benjie. Pete was charged
physical with murder for the death of Benjie. Pete
for attempted homicide because he inflicted contended that he acted in defense of his
said injury with the use of a firearm which is honor and that, therefore, he should be
a lethal weapon. Intent to kill is inherent in The court of
acquitted found that Benjie died under
the crime.
ALTERNATIVE
the use of ANSWER:
a firearm. (Araneta, Jr. v. Court of exceptional circumstances and exonerated
Yes, I would agree to A's contention that his
Appeals, 187 SCRA 123 [1990]) Pete of the crime, but sentenced him to
criminal liability should be for slight destierro, conformably with Article 247 of
physical injury only, because he fired his the Revised Penal Code. The court also
gun only to pacify the unruly customers of ordered Pete to pay indemnity to the heirs of
the night club and therefore, without intent Is
thethe defense
victim in theof Pete meritorious?
amount of P50,000.00. (5%)
to kill. B's gunshot that inflicted a fatal SUGGESTED ANSWER:
Explain.
wound on the deceased may not be imputed No. A person who commits acts penalized
to A because conspiracy cannot exist when under Article 247 of the Revised Penal Code
there is a free-for-all brawl or tumultuous for death or serious physical injuries inflicted
Death
affray. under
A andExceptional Circumstances
B are liable only for their under exceptional circumstances is still
(2001)
A and B
respective actare husband and wife. A is criminally liable. However, this is merely an
employed as a security guard at Landmark, exempting circumstance when the victim
p.m. to 7:00
his shift a.m.
being One
from night, he felt sick and
11:00 suffers any other kind of physical injury. In the
cold, hence, he decided to go home around case at bar, Pete will suffer the penalty of
midnight after getting destierro for the death of Benjie.
Criminal Law Bar Examination Q & A (1994-2006)
55 of 86
ALTERNATIVE ANSWER: execution which would have produced the
No. Pete did not act in defense of his honor. intended felony of homicide were it not for
For this defense to apply under Art. 11, causes independent of the act of Dante.
there must be an unlawful aggression which Dante had the intent to kill judging from the
is defined as an attack or material weapon used, the manner of committing the
aggression that poses a danger to his life or crime and the part of the body stabbed.
personal safely. It must be a real aggression Dante is guilty of less serious physical
characterized by a physical force or with a injuries for the wounds sustained by
weapon to cause injury or damage to one's Mamerto. There appears to be no intent to
life. (People v. Nahayra, G.R. Nos. 96368-69, Infanticide
kill because Dante merely assaulted
Under
October Article
17, 1991;247 of the
People Revised
v. Housing, Penal
G.R. No. (2006)
Ana has been a bar girl/GRO at a beer house
Mamerto without using the knife.
Code, is destierro
64965, July 18, 1991) a penalty? Explain. for more than 2 years. She fell in love with
SUGGESTED ANSWER:
In the case of People v. Abarca, G.R. No. Oniok, the bartender, who impregnated her.
74433, September 14, 1987, the Court ruled But Ana did not inform him about her
that Article 247 does not define a felony. condition and instead, went home to Cebu to
However, it went on to state that the penalty conceal her shame. However, her parents
is merely banishment of the accused, drove her away. So she returned to Manila
intended for his protection. Punishment, and stayed with Oniok in his boarding house.
therefore, is not inflicted on the accused. Upon learning of her pregnancy, already in
ALTERNATIVE ANSWER: an advanced state, Oniok tried to persuade
Yes. Article 247 of the Revised Penal Code her to undergo an abortion, but she refused.
does not define and provide for a specific Because of their constant and bitter
crime but grants a privilege or benefit to the quarrels, she suffered birth pangs and gave
accused for the killing of another or the birth prematurely to a live baby girl while
infliction of Serious Physical Injuries. Oniok was at his place of work. Upon coming
Destierro is a punishment whereby a convict home and learning what happened, he
is banished to a certain place and is prevailed upon Ana to conceal her dishonor.
prohibited from entering or coming near Hence, they placed the infant in a shoe box
that place designated in the sentence, not and threw it into a nearby creek. However,
less than 25 kms. (People v. Araquel, G.R. No. an inquisitive neighbor saw them and with
Did the December
L-12629, court correctly
9, 1959)order Pete to pay the help of others, retrieved the infant who
indemnity despite his exoneration under was already dead from drowning. The
SUGGESTED ANSWER:
Article 247 of the Revised Penal Code? incident was reported
The conviction to the
of Ana and police
Oniok who
is not
SUGGESTED ANSWER:
Explain. arrestedThey
correct. Ana and Oniok.for
are liable The 2 were charged
infanticide
Yes, because the privilege defined under this
Article exempts the offender from criminal with parricide
because undera Article
they killed 246than
child less of the
three
liability but not from civil liability. (People v. Revised
days Penal
of age Code.
(Art. 255,After trial,Penal
Revised they Code).
were
Abarca, G.R, No. L-74483, September 14, 1987; Murder
convicted& Sec.
of25,
theR.A. No. 9165
crime charged. Was the
Art. 12, Revised Penal Code) (2005)
Candido
conviction stabbed
correct?an innocent bystander who
Homicide; Fraustrated; Physical Injuries accidentally bumped him. The innocent
(1994)
At about 11:00 in the evening, Dante forced bystander died as a result of the stabbing.
his way inside the house of Mamerto. Jay, Candido was arrested and was tested to be
Mamerto's son, saw Dante and accosted him, positive for the use of shabu at the time
Dante pulled a knife and stabbed Jay on his he committed the stabbing. What should be
SUGGESTED
the properANSWER:
charge against Candido?
abdomen. Mamerto heard the commotion
The killing
Explain. was not attended by any of the
(3%)
and went out of his room. Dante, who was
qualifying circumstances enumerated under
about to escape, assaulted Mamerto. Jay
Article 248 of the Revised Penal Code. The
suffered injuries which, were it not for the
killing, however, constitutes murder because
timely medical attendance, would have
the commission of a crime under the
caused his death. Mamerto sustained
SUGGESTED ANSWER: influence of prohibited drugs is a qualifying,
Injuries that incapacitated him for 25 days.
Dante committed qualified trespass to aggravating circumstance. (Sec. 25, R.A. No.
What crime or crimes did Dante commit? Murder
dwelling, frustrated homicide for the 9165)
stabbing of Jay, and less serious physical (1999)
The accused, not intending to kill the victim,
injuries for the assault on Mamerto. treacherously shot the victim while the victim
The crime of qualified trespass to dwelling was turning his back to him. He aimed at and
should not be complexed with frustrated hit the victim only on the leg. The victim,
homicide ... however, died because of loss of blood. Can
Dante committed frustrated homicide for the accused be liable for homicide or murder,
the stabbing of Jay because he had already considering that treachery was clearly
performed all the acts of involved
Criminal Law Bar Examination Q & A (1994-2006)
56 of 86
but there was no attempt to kill? Explain forcibly brought Jorge to Zambales where
your answer. (3%) they kept him hog-tied in a small nipa house
SUGGESTED ANSWER: located in the middle of a rice field. Two
The accused is liable for the death of the days later, they killed Jorge and dumped his
victim even though he merely aimed and body into the river. What crime or crimes
fired at the latter's leg, "not intending to kill did Fidel and Fred commit? Explain.
the victim", considering that the gunshot SUGGESTED ANSWER:
was felonious and was the proximate cause Fidel and Fred committed the crime of
of death. An offender is liable for all the Murder under Art 248, RPC, the killing being
direct, natural, and logical consequences of qualified by evident premeditation. This is
his felonious act although different from due to the long standing grudge entertained
what he intended. However, since specific by the two accused occasioned by the
intent to kill is absent, the crime for said victim's refusal to marry their sister after
ALTERNATIVE ANSWER:
death is only homicide and not murder In People vs.her.
impregnating Alfeche. 219 SCRA 85, the
The accused is liable for the death of the intention of the accused is determinative of
(People vs. Pugay and Samson, 167 SCRA
victim in as much as his act of shooting the the crime committed. Where the intention is
439)
victim at the leg is felonious and is the to kill the victim and the latter is forcibly
proximate cause of death. A person taken to another place and later killed, it is
performing a felonious act is criminally murder. There is no indication that the
liable for all the direct, natural, and logical offenders intended to deprive the victim of
consequences of such act although different his liberty. Whereas, if the victim is
from what he intended. And since such kidnapped, and taken to another situs and
death was attended by treachery, the same killed as an afterthought, it is kidnapping
will constitute murder but the accused Murder; Homicide;
with homicide underInfanticide;
Art. 267,Parricide
RPC.
should be given the benefit of the mitigating (1999)
A killed: (1) a woman with whom he lived
circumstance that he did not intend to without benefit of clergy, (2) their child who
Murder; Definition & Elements was only two days old, (3) their daughter,
commit so grave a wrong as that which was
(1999)
Define murder. What RPC)
are the elements of theand (4) their adopted son. What crime or
committed (Art. 13(3),
crime? [3%]
SUGGESTED ANSWER: SUGGESTED
crimes didANSWER:
A commit? (3%)
(a) Murder is the unlawful killing of a person A committed the following crimes:
which otherwise would constitute only 1.] HOMICIDE or murder as the case
homicide, had it not been attended by any of may be, for the killing of his common-law
1.
theWith treachery
following or taking advantage of
circumstances: wife who is not legally considered a
superior strength, or with the aid of armed 2.]
"spouse"INFANTICIDE for the killing of the
men, or employing means to weaken the child as said child is less than three (3) days
defense or of means or persons to insure or old. (Art. 255, RPC) However, the penalty
2. In consideration
afford impunity; of a price, reward
corresponding to parricide shall be imposed
3.
or By means or on the occasion of
promise;
since A is related to the child within the
inundation, fire, poison, explosion,
3.]
degree PARRICIDE
defined in the for the ofkilling
crime of their
parricide.
shipwreck, stranding of a vessel, derailment
daughter, whether legitimate or illegitimate,
or assault upon a railroad, fall of an airship,
as long as she is not less than three (3) days
or by means of motor vehicles, or with the
4. old at the time of the killing.
useOn occasion
of any otherof an earthquake,
means eruption
involving great
of a volcano, destructive cyclone, epidemic 4.] MURDER for the killing of their
waste and ruin;
5. With evident
or other public calamity; adopted son as the relationship between A
6. With cruelty, by deliberately and
premeditation; and the said son must be by blood in order
inhumanly augmenting the suffering of the for parricide to arise.
Murder; Reckles Imprudence
victim, or outraging or scoffing at his person
SUGGESTED ANSWER: (2001)
Mang Jose, a septuagenarian, was walking
or corpse.
(b) The elements of murder are: (1) that a with his ten-year old grandson along Paseo
person was unlawfully killed; (2) that such a de Roxas and decided to cross at the
killing was attended by any of the above- intersection of Makati Avenue but both were
mentioned circumstances; (3) that the hit by a speeding CRV Honda van and were
killing is not parricide nor infanticide; and sent sprawling on the pavement a meter
(4) that the accused killed the victim. apart. The driver, a Chinese mestizo,
Murder; Evident Premeditation stopped his car after hitting the two victims
(1996)
Fidel and Fred harbored a long standing but then reversed his gears and ran over
grudge against Jorge who refused to marry Mang Jose's prostrate body anew and third
their sister Lorna, after the latter got time by advancing his car forward. The
pregnant by Jorge. After weeks of grandson suffered broken legs only and
surveillance, they finally cornered Jorge in survived but Mang Jose suffered multiple
Ermita, Manila, when the latter was walking fractures and broken ribs, causing his
home late at night. Fidel and Fred instant death. The driver was arrested and
charged with Murder for the death of Mang
Criminal Law Bar Exami
nation Q & A (1994-2006)
57 of 86
Jose and Serious Physical Injuries through committed with the use of an unlicensed
Reckless Imprudence with respect to the firearm, such use shall be considered as an
grandson. Are the charges correct? aggravating circumstance.
SUGGESTED ANSWER:
Explain. (5%) PH therefore may only be convicted of
Yes, the charges are correct. For murder and the use of an unlicensed firearm
deliberately running over Mang Jose's in its commission may only be appreciated
prostrate body after having bumped him and as a special aggravating circumstance,
his grandson, the driver indeed committed provided that such use is alleged specifically
Murder, qualified by treachery. Said driver's in the information for Murder.
deliberate intent to kill Mang Jose was Parricide
demonstrated by his running over the (1999)
Who may be guilty of the crime of parricide?
latter's body twice, by backing up the van (3%)
SUGGESTED ANSWER:
and driving it forward, whereas the victim Any person who kills his father, mother, or
As
wastohelpless
the serious
and physical injuries sustained
not in a position to defend child, whether legitimate or illegitimate, or
by Mang Jose's 10-year
himself or to retaliate. old grandson, as a his ascendants or descendants, or spouse,
result of having been hit by the speeding shall be guilty of parricide. (Art. 246, RPC)
vehicle of said driver, the same were the
result of reckless imprudence which is Parricide
punishable as a quasi-offense in Article 365 (1999)
In 1975, Pedro, then a resident of Manila,
of the Revised Penal Code. The charge of abandoned his wife and their son, Ricky,
Reckless Imprudence Resulting to Serious who was then only three years old. Twenty
Physical Injuries is correct. The penalty next years later, an affray took place in a bar in
higher in degree to what ordinarily should Olongapo City between Pedro and his
be imposed is called for, since the driver did companions, on one hand, and Ricky and his
Murder;
not lendTreachery
help on the spot, which help he friends, upon the other, without the father
(1995)
On his way given
could have to buytoa thelottovictims.
ticket, a policeman and son knowing each other. Ricky stabbed
suddenly found himself surrounded by four and killed Pedro in the fight, only to find
men. One of them wrestled the police officer out, a week later, when his mother arrived
to the ground and disarmed him while the from Manila to visit him in jail, that the man
other three companions who were armed whom he killed was his own father. 1) What
with a hunting knife, an ice pick, and a crime did Ricky commit? Explain. 2)
balisong, repeatedly stabbed him. The Suppose Ricky knew before the killing that
policeman died as a result of the multiple Pedro is his father, but he nevertheless
SUGGESTED ANSWER: SUGGESTED ANSWER:
stab wounds inflicted by his assailants. What killed him out of bitterness forbecause
having the
All the assailants are liable for the crime of 1) Ricky committed parricide
crime or crimes were committed? Discuss abandoned
murder, qualified by treachery, (which person killed was his own father,what
him and his mother, and crime
the law
fully. did Ricky commit? Explain.
absorbed abuse of superior strength) as the punishing the crime (Art. 246, RPC) does not
attack was sudden and unexpected and the require that the crime be "knowingly"
victim was totally defenseless. Conspiracy committed. Should Ricky be prosecuted and
is obvious from the concerted acts of the found guilty of parricide, the penalty to be
assailants. Direct assault would not imposed is Art. 49 of the Revised Penal Code
complex the crime, as there is no showing for Homicide (the crime he intended to
ALTERNATIVE ANSWER:
that the assailants knew that the victim was commit) but in its maximum period.
Ricky should be held criminally liable only
a policeman; even if there was knowledge,
for homicide not parricide because the
the fact is that he was not in the
Murder; Use of Illegal Firearms relationship which qualified the killing to
performance of his official duties, and
(2004)
PH killed OJ, his political rival in the parricide is virtually absent for a period of
therefore there is no direct assault.
election campaign for Mayor of their town. twenty years already, such that Ricky could
The Information against PH alleged that he not possibly be aware that his adversary was
used an unlicensed firearm in the killing of his father. In other words, the moral basis
the victim, and this was proved beyond for imposing the higher penalty for parricide
SUGGESTED ANSWER:
reasonable doubt by the prosecution. The is absent.
2) The crime committed should be parricide
trial court convicted PH of two crimes:
SUGGESTED ANSWER: if Ricky knew before the killing that Pedro is
murder and illegal possession of firearms. Is
No, the conviction of PH for two crimes, his father, because the moral basis for
the conviction correct? Reason briefly. (5%)
murder and illegal possession of firearm is punishing the crime already exists. His
not correct. Under the new law on illegal having acted out of bitterness for having
possession of firearms and explosives, Rep. been abandoned by his father may be
Act No. 8294, a person may only be Parricide;
considered Multiple Parricide; Homicide
mitigating.
criminally liable for illegal possession of (1997)
A, a young housewife, and B, her paramour,
firearm if no other crime is committed conspired to kill C. her husband, to whom
therewith; if a homicide or murder is she was lawfully married, A
Criminal Law Bar Examination Q & A (1994-2006)
and B bought pancit and mixed it with
poison. A gave the food with poison to C,
but before C could eat it. D, her illegitimate
C. D and
father, E shared
and the food inson,
E, her legitimate the arrived.
presence
of A who merely watched them eating. C, D
and E died because of having partaken of
the poisoned food. What crime or crimes did
SUGGESTED ANSWER:
A and B commit?
A committed the crime of multiple parricide
for the killing of C, her lawful husband, D,
her illegitimate father, and E, her legitimate
son. All these killings constitute parricide
under Article 246 of the Revised Penal Code
because of her relationship with the victims.
B committed the crime of murder as a co-
conspirator of A in the killing of C because
the killing was carried out by means of
poison (Art. 248. par. 3, Revised Penal
Code). But for feloniously causing the death
of D and E, B committed two counts of
homicide. The plan was only to kill C.
Rape
(1995)
Gavino boxed his wife Alma for refusing to
sleep with him. He then violently threw her
on the floor and forced her to have sexual
intercourse with him. As a result Alma
(a) Can Gavino
suffered seriousbe charged
physical with
injuries.
(b) Can
rape? Gavino be charged with serious
Explain.
physical injuries? Explain
(c) Will your answers to (a) and (b) be the
same if before the incident Gavino and Alma
were legally separated? Explain.
SUGGESTED ANSWER:
(a) No. 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, and the
law will not permit her to retract in order to
charge her husband with the offense (Sate
vs. Haines, 11 La. Ann. 731 So. 372; 441 RA
(b) Yes, he may be guilty of serious physical
837).
injuries. This offense is specially mentioned
in Art. 263 [4], 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).
Gavino, and Alma were legally separated at
the time of the incident, then Gavino could
be held liable for rape.
58 of 86
shall be imposed on the offender. Serious
physical injuries cannot be absorbed in rape;
it can be so if the injury is slight.

Rape; Absence of Force & Intimidation


(1995)
Three policemen conducting routine
surveillance of a cogonal area in Antipole
chanced upon Ruben, a 15-year old tricycle
driver, on top of Rowena who was known to
be a child prostitute. Both were naked from
the waist down and appeared to be enjoying
the sexual activity. Ruben was arrested by
the policemen despite his protestations that
Rowena enticed him to have sex with her in
advance celebration of her twelfth birthday.
The town physician found no semen nor any
bleeding on Rowena's hymen but for a
healed scar. Her hymenal opening easily
SUGGESTED ANSWER:
admitted two fingers
Ruben is liable showing
for rape, even ifthat no or
force
external force had been employed
intimidation is not present. The gravamen on her. Is
of
Ruben
the offense is the carnal knowledge offully.
liable for any offense? Discuss a
Answer;
woman below twelve years of age (People vs.
Dela Cruz, 56 SCRA 84) since the law doesn't
consider the consent voluntary and
presumes that a girl below twelve years old
does not and cannot have a will of her own.
In People us. Perez, CA 37 OG 1762, it was held
that sexual intercourse with a prostitute
Similarly, the years
below twelve absenceoldof
isspermatozoa
rape. does
not disprove the consummation as the
important consideration is not the emission
but the penetration of the female body by
the male organ (People vs. Jose 37 SCRA 450;
People vs. Carandang. 52 SCRA 259).
Rape; Anti-Rape Law of 1997
(2002)
What other acts are considered rape under
the Anti-Rape Law of 1997, amending the
Revised Penal
SUGGESTED Code? (3%)
ANSWER:
The other acts considered rape under the
Anti-Rape Law of 1997 are: 1.] having
carnal knowledge of a woman by a man by
means of fraudulent machination or grave
abuse of
authority, 2.] having carnal knowledge of a
demented woman by a
man even if none of the circumstances required
rapeinbe present; and 3.] committing an act
of sexual assault by inserting a
person's penis into the victim's mouth or anal
orifice, or by inserting any instrument or object,
the genital or anal orifice of another
into
A legal separation is a separation of the person.
spouses from bed and board (U.S. vs. Rape; Anti-Rape Law of 1997
853. 198127
Johnson, edition),
Phil. 477, cited in II Reyes, RFC, p. (2002)
The Anti-Rape Law of 1997 reclassified rape
from a crime against honor, a private
In the crime of rape, any crime resulting
offense, to that of a crime against persons.
from the infliction of physical injuries
Will the subsequent marriage of the offender
suffered by the victim on the occasion of the
and the offended party extinguish the
rape, is absorbed by the crime of rape. The SUGGESTED ANSWER:
criminal action or the penalty imposed?
injuries suffered by the victim may, however,
Explain. (2%)
be considered in determining the proper
penalty which
Criminal Law Bar Examination Q & A (1994-2006)
59 of 86
Yes. By express provision of Article 266-C of Rape; Male Victim
the Revised Penal Code, as amended, the (2002)
A, a male, takes B, another male, to a motel
subsequent valid marriage between the and there, through threat and intimidation,
offender and offended party shall extinguish succeeds in inserting his penis into the anus
the criminal action or the penalty imposed, of B. What, if any, is As criminal liability?
although rape has been reclassified from a SUGGESTED
Why? ANSWER:
crime against chastity, to that of a crime A shall be criminally liable for rape by
Rape;
againstConsented
persons.Abduction committing an act of sexual assault against
(2002)
A with lewd designs, took a 13-year old girl B, by inserting his penis into the anus of the
to a nipa hut in his farm and there had latter.
sexual intercourse with her. The girl did not Even a man may be a victim of rape by
offer any resistance because she was sexual assault under par. 2 of Article 266-A
infatuated with the man, who was good- of the Revised Penal Code, as amended,
looking and belonged to a rich and "when the offender's penis is inserted into
SUGGESTED
prominentANSWER:
family in the town. What crime, if his mouth or anal orifice."
A committed the crime of consented Rape; Multiple Rapes; Forcible Abduction
any, was committed by A? Why? (2%)
abduction under Article 343 of the Revised (2000)
Flordeluna boarded a taxi on her way home
Penal Code, as amended. The said Article to Quezon City which was driven by Roger,
punishes the abduction of a virgin over 12 Flordeluna noticed that Roger was always
and under 18 years of age, carried out with placing his car freshener in front of the car
her consent and with lewd designs. Although aircon ventilation but did not bother asking
the problem did not indicate the victim to be Roger why. Suddenly, Flordeluna felt dizzy
virgin, virginity should not be understood in and became unconscious. Instead of bringing
its material sense, as to exclude a virtuous her to Quezon City, Roger brought
woman of good reputation, since the Flordeluna to his house in Cavite where she
essence of the crime is not the injury to the was detained for two (2) weeks. She was
ALTERNATIVE ANSWER:
woman
A committedthe
but outrage
"Child and under
Abuse" alarm Rep.
to her
Act raped for the entire duration of her
SUGGESTED ANSWER:
family (Valdepenas vs. People,16 SCRA
No. 7610. As defined in said law, "child871 detention.
No, Roger may MaynotRoger be charged
be charged and
and convicted
[1966]).
abuse" includes sexual abuse or any act convicted of the crime of rape with
of the crime of rape with serious illegalserious
which debases, degrades or demeans the illegal detention?
detention. RogerExplain.
may (5%)
be charged and
intrinsic worth and dignity of a child as a convicted of multiple rapes. Each rape is a
human being, whose age is below eighteen distinct offense and should be punished
Rape; Effect; Affidavit of Desistance
(18) years. separately. Evidently, his principal intention
(1993)
1 Ariel intimidated Rachel, a mental ALTERNATIVE
was to abuse ANSWER:
Flordeluna; the detention was
retardate, with a bolo into having sexual No,
onlyRoger may to
incidental not berape.
the charged and convicted
Intercourse with him. Rachel's mother of the crime of rape with serious illegal
immediately filed a complaint, supported by her detention, since the detention was incurred
sworn statement, before the City Prosecutor's in raping the victim during the days she was
Office. After the necessary preliminary held. At most, Roger may be prosecuted for
investigation, an information was signed by the forcible abduction for taking Flordeluna to
prosecutor but did not contain the signature of Cavite against the latter's will and with lewd
Rachel nor of her mother. Citing Art. 344 of the designs. The forcible abduction should be
RPC (prosecution of the crimes of rape, etc.), complexed with one of the multiple rapes
Ariel moves for the dismissal of the case. Resolve committed, and the other rapes should be
with reasons. prosecuted and punished separately, in as
Rape;
many rapesProperwere
Party
charged and proved.
2 After the prosecution had rested its case,
(1993)
Ariel intimidated Rachel, a mental retardate,
Ariel presented a sworn affidavit of desistance
with a bolo into having sexual Intercourse
executed by Rachel and her mother stating that
with him. Rachel's mother immediately filed
they are no longer interested in prosecuting the
a complaint, supported by her sworn
case and that they have pardoned Ariel. What
statement, before the City Prosecutor's
effect would this affidavit of desistance have on
Office. After the necessary preliminary
the criminal and civil aspects of the case? Explain
investigation, an information was signed by
fully.
SUGGESTED ANSWER: the prosecutor but did not contain the
1) The case should not be dismissed. ... 2) signature of Rachel nor of her mother. Citing
The affidavit of desistance will only amount Art. 344 of the RPC (prosecution of the
to the condonation of civil liability but not SUGGESTED ANSWER:
crimes of rape, etc.), Ariel moves for the
criminal liability hence the case should still The case should not be dismissed. This is
dismissal of the case. Resolve with reasons.
proceed. allowed by law (People us. Ilarde, 125 SCRA
11). It is enough that a
Criminal Law Bar Examination Q & A (1994-2006)
60 of 86
complaint was filed by the offended party or the service of the notice of such
the parents in the Fiscal's Office. order to said prisoner or the
proceedings upon any petition for the
Rape; Statutory Rape; Mental Retardate Victim liberation of such person (Art. 126,
(1996)
The complainant, an eighteen-year old Revised Penal Code).
mental retardate with an intellectual 2. What are the legal grounds for
capacity between the ages of nine and SUGGESTED ANSWER:
detention? (2.5%)
twelve years, when asked during the trial The commission of a crime, or violent
how she felt when she was raped by the insanity or any other ailment requiring the
accused, replied "Masarap, it gave me much compulsory confinement of the patient in a
With the claim of the accused that the
pleasure." hospital shall be considered legal grounds
complainant consented for a fee to the for the detention of any person (Art. 124[2],
sexual intercourse, and with the foregoing Revised Penal Code).
answer of the complainant, would you 3. When is an arrest by a peace officer
convict the accused of rape if you were the or by a private person considered
SUGGESTED ANSWER:
judge trying the case? Explain. 1. WhenExplain.
lawful? the arrest by a peace officer is
(5%)
Yes, I would convict the accused of rape. made pursuant to a valid warrant.
Since the victim is a mental retardate with 2. A peace officer or a private person may,
an intellectual capacity of a child less than without a warrant, arrest a person:
12 years old, she is legally incapable of
giving a valid consent to the sexual
Intercourse. The sexual intercourse is
tantamount to a statutory rape because the
level of intelligence is that of a child less
than twelve years of age. Where the victim
of rape is a mental retardate, violence or
Intimidation is not essential to constitute
rape. (People us. Trimor, G,R. 106541-42, 31
Mar 95) As a matter of fact, RA No. 7659,
Crimes
the Heinousagainst Personal
Crimes Law, amendedLiberty
Art. 335,
RPC,
andbySecurity
adding the phrase "or is demented."

Arbitrary Detention; Elements; Grounds


(2006)
1. What are the 3 ways of committing
arbitrary detention? Explain each.
SUGGESTED ANSWER:
(2.5.%)
The 3 ways of arbitrary detention
are:a) Arbitrary detention by detaining a
person without legal ground committed
by any public officer or employee who,
without legal grounds, detains a person
b) Delay
(Art. 124, in the
Revised delivery
Penal of detained
Code).
persons to the proper judicial authorities
which is committed by a public officer or
employee who shall detain any person for
some legal ground and shall fail to
deliver such person to the proper judicial
authorities within the period of: twelve
(12) hours, for crimes or offense
punishable by light penalties, or their
equivalent; eighteen hours (18), for
crimes or offenses punishable by
correctional facilities, or their
equivalent; and thirty-six (36) hours for
c) Delaying release is committed by
crimes or offenses punishable by
any public officer or employee who delays
afflictive or capital penalties, or their
the release for the period of time
equivalent (Art. 125, Revised Penal
specified therein the performance of any
Code).
judicial or executive order for the release
of the prisoner, or unduly delays
i. When, in his presence, the
person to be arrested has committed,
is actually committing, or is
attempting to commit an offense,
ii. When an offense has in fact
just been committed, and he has
personal knowledge of facts
indicating that the person to be
iii. When
arrested the person it,
has committed to and
be arrested
is a prisoner who has escaped from
penal establishment or place where he
is serving final judgment or
temporarily confined while his case is
pending, or has escaped while being
transferred from one confinement to
another (Sec. 5, Rule 113,1985 Rules
on Criminal Procedure).
Grave Coercion
(1998)
Isagani lost his gold necklace bearing his
initials. He saw Roy wearing the said
necklace. Isagani asked Roy to return to him
the necklace as it belongs to him, but Roy
refused. Isagani then drew his gun and told
Roy, "If you will not give back the necklace
to me, I will kill you!" Out of fear for his life
and against his will, Roy gave the necklace
SUGGESTED ANSWER:
to Isagani, What offense did Isagani commit?
Isagani committed the crime of grave
(5%)
coercion (Art. 286, RPC) for compelling Roy,
by means of serious threats or intimidation,
to do something against the latter's will,
whether it be right or wrong. Serious threats
or intimidation approximating violence
constitute grave coercion, not grave threats.
Such is the nature of the threat in this case
because it was committed with a gun, is a
The
deadlycrime is not robbery because intent to
weapon.
gain, which is an essential element of
robbery, is absent since the necklace
belongs to Isagani.
Criminal Law Bar Examination Q & A (1994-2006)
61 of 86
Grave Coercion vs. Maltreatment of Prisoner 270, of the Revised Penal Code, as amended.
(1999)
Forcibly brought to the police headquarters, Article 271 expressly penalizes any parent
a person was tortured and maltreated by who shall take from and deliberately fail to
agents of the law in order to compel him to restore his or her minor child to the parent
confess a crime imputed to him. The agents or guardian to whom custody of the minor
failed, however, to draw from him a has been placed. Since the custody of C, the
confession which was their intention to minor, has been given to the mother and B
obtain through the employment of such has only the right of monthly visitation, the
means. What crime was committed by the latter's act of taking C to the United Slates,
SUGGESTED ANSWER:
agents of the law? Explain your answer. (3%) to reside there permanently, constitutes a
Evidently, the person tortured and Kidnapping
violation of said provisions of law.
maltreated by the agents of the law is a (2006)
Jaime, Andy and Jimmy, laborers in the
suspect and may have been detained by noodles factory of Luke Tan, agreed to kill
them. If so and he had already been booked him due to his arrogance and miserliness.
and put in jail, the crime is maltreatment of One afternoon, they seized him and loaded
prisoner and the fact that the suspect was him in a taxi driven by Mario. They told
subjected to torture to extort a confession Mario they will only teach Luke a lesson in
would bring about a higher penalty. In Christian humility. Mario drove them to a
addition to the offender's liability for the fishpond in Navotas where Luke was
But if theinjuries
physical suspectinflicted.
was forcibly brought to the
entrusted to Emil and Louie, the fishpond
police headquarters to make him admit the
caretakers, asking them to hide Luke in their
crime and tortured/ maltreated to make him
shack because he was running from the NBI.
confess to such crime, but later released
The trio then left in Mario's car for Manila
because the agents failed to draw such
where they called up Luke's family and
confession, the crime is grave coercion
threatened them to kill Luke unless they
because of the violence employed to compel
give a ransom within 24 hours. Unknown to
such confession without the offended party
them, because of a leak, the kidnapping was
being confined in jail. (US vs. Cusi, 10 Phil 143)
It is noted that the offended party was announced over the radio and TV. Emil and
merely "brought" to the police headquarters Louie heard the broadcast and panicked,
and is thus not a detention prisoner. Had he especially when the announcer stated that
been validly arrested, the crime committed there is a shoot-to-kill order for the
would be maltreatment of prisoners. kidnappers. Emil and Louie took Luke to the
Illegal Detention vs. Grave Coercion seashore of Dagat-dagatan where they
(1999)
Distinguish coercion from illegal detention. smashed his head with a shovel and buried
(3%)
SUGGESTED ANSWER: him in the sand. However, they were seen by
Coercion may be distinguished from illegal a barangayANSWER:
ALTERNATIVE kagawad who arrested them and
detention as follows: in coercion, the basis of a)
broughtJaime,
them Andy
to theand Jimmy
police committed
station. Upon
criminal liability is the employment of kidnapping
interrogation,with
theyhomicide.
confessed Theand
original
pointed to
violence or serious intimidation intention wasJimmy
Jaime, Andy, to demand ransom
and Mario as from
thosethe
approximating violence, without authority of family with the
responsible for threat of killing. Later,
the kidnapping. As a the 4
law, to prevent a person from doing consequence
were arrestedofand thecharged.
kidnapping,Whathowever,
crime or
something not prohibited by law or to compel Luke was killed. Thus, the victim
crimes did the 6 suspects commit? was
(5%)
him to do something against his will, whether deprived of his freedom and the subsequent
it be right or wrong; while in Illegal killing, though committed by another person,
detention, the basis of liability is the actual was a consequence of the detention. Hence,
restraint or locking up of a person, thereby this properly qualified the crime as the
depriving him of his liberty without authority (People v. Mamarion, G.R. No. 137554,
special complex crime of kidnapping for
of law. If there was no intent to lock up or October 1, 2003; Art. 267, Revised Penal
Kidnapping ransom
b) Code). withand
Emil homicide
Louie who smashed the
detain the offended party unlawfully, the
(2002)
A and B were legally separated. Their child head of the victim and buried the latter in
crime of illegal detention is not committed.
C, a minor, was placed in the custody of A the sand committed murder qualified by
the mother, subject to monthly visitations by treachery or abuse of superior strength.
B, his father. On one occasion, when B had They are not liable for kidnapping because
C in his company, B decided not to return C they did not conspire, nor are they aware of
to his mother. Instead, B took C with him to the intention to detain Luke whom they were
the United States where he intended for informed was hiding from the NBI (Art. 248,
SUGGESTED
them to resideANSWER:permanently. What crime, if c)
RevisedMario
Penalhas no liability since he was
Code).
B committed the crime of kidnapping and not aware of the criminal intent and design
any, did B commit? Why? (5%)
failure to return a minor under Article 271, of Jaime, Andy and Jimmy. His act of
in relation to Article bringing Luke to Navotas for "a
Criminal Law Bar Examination Q & A (1994-2006)
62 of 86
lesson in Christian humility" does not otherwise. It is of no moment that the
constitute a crime. evidence shows the death of the child took
Alternative Answer: place three minutes after the box was sealed
a) Jaime, Andy and Jimmy committed and the demand for the ransom took place
kidnapping with ransom. After kidnapping in the afternoon. The intention is controlling
Luke, they demanded ransom with the ALTERNATIVE ANSWER:
here, that is, ransom was demanded.
threat of killing him. However, the killing of Murder qualified by treachery because the
Luke is separate from the kidnapping having victim was only one week old. The offense
been committed by other persons, who had was attended with the aggravating
nothing to do with the kidnapping, and who circumstance of lack of respect due to the
will be liable for a different crime age of the victim, cruelty and abuse of
b) Emil and
(Penultimate Louie
par. of Art. who smashedPenal
267, Revised the confidence. In People v. Lora (G.R. No, L-49430,
head
Code).of the victim and buried the latter in March 30, 1982), the Court found that a child
the sand committed murder qualified by subjected to similar treatment as the infant
treachery or abuse of superior strength. in this case would have died instantly,
They are not liable for kidnapping because negating any intent to kidnap or detain
they did not conspire, nor are they aware of when ransom was sought. Demand for
the intention to detain Luke whom they ransom did not convert the offense into
c) Mario haswas
were informed no hiding
liabilityfrom
sincethe
he NBI
was kidnapping with murder because the
not aware of the criminal
(Art. 248, Revised Penal Code).intent and design Kidnapping; Effects; Voluntary Release
demand was merely a scheme by the
of Jaime, Andy and Jimmy. His act of (2004)
DAN, a private individual, kidnapped CHU, a
offender (Paz) to conceal the body of her
bringing Luke to Navotas for "a lesson in minor. On the second day, DAN released
victim.
Christian humility" does not constitute a CHU even before any criminal information
crime. was filed against him. At the trial of his
Kidnapping w/ Homicide case, DAN raised the defense that he did not
(2005)
Paz Masipag worked as a housemaid and incur any criminal liability since he released
yaya of the one-week old son of the spouses the child before the lapse of the 3-day
Martin and Pops Kuripot. When Paz learned period and before criminal proceedings for
that her 70 year-old mother was seriously ill, SUGGESTED ANSWER:
kidnapping were instituted. Will DAN's
she asked Martin for a cash advance of No. DAN's defense will not prosper.
defense prosper? Reason briefly. (5%)
P1,000.00 but Martin refused. One morning, Voluntary release by the offender of the
Paz gagged the mouth of Martins son with offended party in kidnapping is not
stockings; placed the child in a box; sealed it absolutory. Besides, such release is
with masking tape and placed the box in the irrelevant and immaterial in this case
attic. Later in the afternoon, she demanded because the victim being a minor, the crime
P5,000.00 as ransom for the release of his committed is kidnapping and serious illegal
After
son. aMartin
couple of
diddays,
notMartin
pay discovered
the ransom.the detention under Art. 267, Revised Penal
box in the attic with his
Subsequently, Paz disappeared.child already dead. Code, to which such circumstance does not
According to the autopsy report, the child apply. The circumstance may be appreciated
died of asphyxiation barely three minutes only in the crime of Slight Illegal Detention
Kidnapping; Illegal Detention; Minority
after the box was sealed. What crime or in Art. 268 (Asistio v. San Diego, 10 SCRA 673
SUGGESTED (2006)
Dang was a beauty queen in a university.
crimes didANSWER:
Paz commit? Explain. (5%) [1964])
Paz committed the composite crime of Job, a rich classmate, was so enamored with
kidnapping with homicide under Art. 267, her that he persistently wooed and pursued
RFC as amended by R.A. No. 7659. Under her. Dang, being in love with another man,
the law, any person who shall detain another rejected him. This angered Job, Sometime in
or in any manner deprive him of liberty and September 2003, while Dang and her sister
the victim dies as a consequence is liable for Lyn were on their way home, Job and his
kidnapping with homicide and shall be minor friend Nonoy grabbed them and
penalized with the maximum penalty. pushed them inside a white van. They
In this case, notwithstanding the fact that brought them to an abandoned warehouse
the one-week old child was merely kept in where they forced them to dance naked.
the attic of his house, gagged with stockings Thereafter, they brought them to a hill in a
and placed in a box sealed with tape, the nearby barangay where they took turns
deprivation of liberty and the intention to kill raping them. After satisfying their lust, Job
becomes apparent. Though it may appear ordered Nonoy to push Dang down a ravine,
that the means employed by Paz was 1. What crime
resulting in her or crimes
death. Lyn were committed
ran away but Job
attended by treachery (killing of an infant), by
and Job and
Nonoy Nonoy?
chased (2.5%)
her and pushed her inside
SUGGESTED ANSWER:
nevertheless, a separate charge of murder the van. Then the duo drove away. Lyn was
will not be proper in view of the amendment. never seen again.
Here, the term "homicide" is used in its
generic sense and covers all forms of killing
whether in the nature of murder or
Criminal Law Bar Examination Q & A (1994-2006)
63 of 86
Job and Nonoy committed 1) kidnapping and May Edgardo be charged with attempted
serious illegal detention with homicide and kidnapping? Explain.
rape for the subsequent death of Dang, and SUGGESTED ANSWER:
2) kidnapping with rape against her sister, No, Edgardo may not be charged with
Lyn. The victims, who were kidnapped and attempted kidnapping inasmuch as no overt
detained, were subsequently raped and act to kidnap or restrain the liberty of the
killed (as regards Dang) in the course of girl had been commenced. At most, what
their detention. The composite crime is Edgardo has done in the premises was a
committed regardless of whether the proposal to Vicente to kidnap the girl, which
subsequent crimes were purposely sought or is only a preparatory act and not an overt
ALTERNATIVE ANSWER: act. The attempt to commit a felony
merely
Job andanNonoy
afterthought (People
committed v. Larranaga,
2 counts of the
G.R. Nos. 138874-5, commences with the commission of overt
complex crime ofFebruarys,
forcible 2004).
abduction with act, not preparatory act. Proposal to commit
rape (Art. 342, Revised Penal Code) and the Kidnapping;
kidnapping Serious
is not a Illegal
crime. Detention
separate offense of murder against Dang. The (1997)
A and B conspiring with each other,
crime committed is abduction because there kidnapped C and detained him. The duo
was lewd design when they took the victims then called up C's wife informing her that
away and subsequently raped them. The they had her husband and would release
killing thereafter, constitutes the separate him only if she paid a ransom in the amount
offense of murder qualified by treachery. of P10,000,000 and that, if she were to fail,
2. What penalties should be imposed on they would kill him. The next day, C, who
them? (2.5%) had just recovered from an illness had a
SUGGESTED ANSWER:
Since the death penalty has already been relapse. Fearing he might die if not treated
prohibited, reclusion perpetua is the at once by a doctor, A and B released C
Charged
during the with kidnapping
early morning of and serious
the illegal
third day of
appropriate penalty (RA. 9346). In the case detention provided in Article 267, RPC, A
of the minor Nonoy, his penalty shall be one detention.
and B filed a petition for bail. They
degree lower (Art. 68, Revised Penal Code). contended that since they had voluntarily
3. Will Nonoy's minority exculpate him? released C within three days from
SUGGESTED ANSWER:
(2.5%)
Under RA. 9344, the Juvenile Justice and commencement of the detention, without
Reform Act, which retroacts to the date that having been paid any amount of the ransom
the crime was committed, Nonoy will be demanded and before the institution of
exculpated if he was 15 years old or below. criminal proceedings against them, the
After
crimehearing, the trial
committed wascourt
onlyfound the illegal
slight
However, if he was above 15 years old but evidence
below 18 years of age, he will be liable if he detentionof guilt to beinstrong
prescribed Articleand
268,therefore
RPC.
denied the petition for bail. On appeal, the
acted with discernment. As the problem only issue was: Was the crime committed
shows that Nonoy acted with discernment, kidnapping and serious detention or slight
he will be entitled to a suspension of SUGGESTED ANSWER: Decide.
Illegal detention?
sentence.(NOTABENE: R.A. 9344 is outside the The crime committed by A and B is
4. Is the non-recovery of Lyn's body
coverage of the examination) kidnapping and serious illegal detention
material to the criminal liability of Job because they made a demand for ransom
SUGGESTED
and Nonoy?ANSWER:
(2.5%)
The non-recovery of Lyn's body is not and threatened to kill C if the latter's wife
material to the criminal liability of Job and did not pay the same. Without the demand
Nonoy, because the corpus delicti of the for ransom, the crime could have been slight
crime which is kidnapping with rape of Lyn The contention
illegal of A and B that they had
detention only.
ALTERNATIVE ANSWER:
has been duly proven. voluntary released C within three days from
The non-recovery of Lyn's body is not the commencement of the detention is
material to the criminal liability of Job and immaterial as they are charged with a crime
Nonoy, because the corpus delicti of the where the penalty prescribed is death
crime which is forcible abduction with rape (Asistio vs. San Diego. 10SCRA673).
They were properly denied bail because the
of Lyn has been duly proven.
Kidnapping; Proposal to Kidnap trial court found that the evidence of guilt in
(1996)
Edgardo induced his friend Vicente, in the information for kidnapping and serious
consideration of money, to kidnap a girl he is Illegal detention is strong.
Trespass to Dwelling; Private Persons
courting so that he may succeed to raping
(2006)
Under what situations may a private person
her and eventually making her accede to
enter any dwelling, residence, or other
marry him. Vicente asked for more money
which Edgardo failed to put up. Angered establishments without being liable for
SUGGESTED
trespass toANSWER:
dwelling? (2.5%)
because Edgardo did not put up the money
he required, he reported Edgardo to the
police.
Criminal Law Bar Examination Q & A (1994-2006)
64 of 86
Trespass to dwelling is not applicable to any monetary consideration, to bum her building
person who shall enter another's dwelling so she could collect the insurance proceeds.
for the purpose of: a) Preventing some Yoboy and Yongsi burned the said building
serious harm to himself, its occupants, or a resulting to its total loss. What crime did
third person; and b) Rendering service to SUGGESTED
Tata, Yoboy ANSWER:
and Yongsi commit?
humanity or justice; Tata, Yoboy and Yongsi committed the crime
Any person who shall enter cafes, taverns, of destructive arson because they
inns, and other public houses, while the collectively caused the destruction of
same are open will likewise not be liable property by means of fire under the
(Art. 280, Revised Penal Code). circumstances which exposed to danger the
Tresspass to Dwelling; Rule of Absorption life or property of others (Art, 320, par. 5, RPC.
(1994)
At about 11:00 in the evening, Dante forced as amended by RA No. 7659).
his way inside the house of Mamerto. Jay. Arson; Destructive Arson
Mamerto's son, saw Dante and accosted him, (2000)
One early evening, there was a fight
Dante pulled a knife and stabbed Jay on his between Eddie Gutierrez and Mario Cortez.
abdomen. Mamerto heard the commotion Later that evening, at about 11 o'clock,
and went out of his room. Dante, who was Eddie passed by the house of Mario carrying
about to escape, assaulted Mamerto. Jay a plastic bag containing gasoline, threw the
suffered Injuries which, were it not for the bag at the house of Mario who was inside
timely medical attendance, would have the house watching television, and then lit
caused his death. Mamerto sustained it. The front wall of the house started
SUGGESTED ANSWER:
Injuries that incapacitated him for 25 days. blazing and some neighbors yelled and
Dante committed qualified trespass to shouted. Forthwith, Mario poured water on
What crime or crimes did Dante commit?
dwelling, frustrated homicide for the the burning portion of the house. Neighbors
stabbing of Jay, and less serious physical also rushed in to help put the fire under
injuries for the assault on Mamerto. control before any great damage could be
The crime of qualified trespass to dwelling SUGGESTED ANSWER:
inflicted and for
Eddie is liable before the flames
destructive arson inhave
the
should not be complexed with frustrated extensively
homicide because when the trespass is consummated stage. It is destructive of
spread. Only a portion the
arson
house was burned. Discuss Eddie's
because fire was resorted to in destroying liability,
committed as a means to commit a more (3%)
serious offense, trespass to dwelling is the house of Mario which is an inhabited
absorbed by the greater crime, and the house or dwelling. The arson is
former constitutes an aggravating consummated because the house was in fact
Dante committed
circumstance frustrated
of dwelling homicide
(People for
vs. Abedoza, already burned although not totally. In
the stabbing of Jay.... Dante is guilty of less
53 Phil.788). arson, it is not required that the premises
serious physical injuries for the wounds be totally burned for the crime to be
sustained by Mamerto... Arson; New ArsonIt Law
consummated. is enough that the
Unjust Vexation vs Acts of Lasciviousness (2004)
CD is the
premises sufferstepfather of FEL.
destruction One day, CD
by burning.
(1994)
When is embracing, kissing and touching a got very mad at FEL for failing in his college
girl's breast considered only unjust vexation courses. In his fury, CD got the leather
instead of acts of lasciviousness? suitcase of FEL and burned it together with
SUGGESTED ANSWER: 1. What
all its crime was committed
contents.
The acts of embracing, kissing of a woman 2. Is CD criminally liable? Explain
by CD?
arising either out of passion or other motive briefly. (5%)
and the touching of her breast as a mere
incident of the embrace without lewd design
constitutes merely unjust vexation (People
vs, Ignacio. CA GRNo. 5119-R, September 30,
1950). However, where the kissing,
embracing and the touching of the breast of
a woman are done with lewd design, the
same constitute acts of lasciviousness
(PeopleCrimes Against
vs. Percival Property
Gilo, 10 SCRA 753).

Arson; Destructive Arson


(1994)
Tata owns a three-storey building located at
No. 3 Herran Street. Paco, Manila. She
wanted to construct a new building but had
no money to finance the construction. So, she
insured the building for P3,000,000.00. She
then urged Yoboy and Yongsi, for
SUGGESTED ANSWER:
The crime committed by CD is arson under
Pres. Decree No. 1613 (the new Arson Law)
which punishes any person who burns or
sets fire to the property of another (Section
1 of Pres. Decree No. 1613).
CD is criminally liable although he is the
stepfather of FEL whose property he burnt,
because such relationship is not exempting
from criminal liability in the crime of arson
but only in crimes of theft, swindling or
estafa, and malicious mischief (Article 332,
Revised Penal Code). The provision (Art.
323) of the Code to the effect that burning
property of small value should be punished
as malicious mischief has long been
repealed by Pres. Decree 1613; hence, there
is no more legal basis to consider burning
property of small value as malicious
mischief.
Criminal
Law Bar Examination Q & A (1994-2006)
65
of
86
BP 22; Memorandum Check
(1994)
1 What is a memorandum check?
2 Is the "bouncing" thereof within the
purview of BP Blg. 22?
SUGGESTED ANSWER:
1 A "Memorandum Check" is an ordinary
check, with the word "Memorandum", "Memo" or
"Mem" written across its face, signifying that the
maker or drawer engages to pay its holder
absolutely thus partaking the nature of a
promissory note. It is drawn on a bank and is a
bill of exchange within the purview of Section 185
of the Negotiable Instruments Law (People vs.
Judge David Nitafan, G.R. No. 75954, October 22,
1992).
2 Yes, a memorandum check is covered by
Batas Pambansa No. 22 because the law covers
any check whether it is an evidence of
Indebtedness, or in payment of a pre-existing
obligation or as a deposit or guarantee (People
versus Nita-fan).
BP 22; Memorandum Check
(1995)
1 What is a memorandum check ?
2 Is a person who issues a memorandum
check without sufficient funds necessarily guilty of
violating B.P. Blg. 22? Explain.
3 Jane is a money lender. Edmund is a
businessman who has been borrowing money from
Jane by rediscounting his personal checks to pay
his loans. In March 1989, he borrowed P100,000
from Jane and issued to her a check for the same
amount. The check was dishonored by the drawee
bank for having been drawn against a closed
account. When Edmund was notified of the
dishonor of his check he promised to raise the
amount within five days. He failed. Consequently,
Jane sued Edmund for violation of the Bouncing
Checks Law (BP. Blg. 22). The defense of Edmund
was that he gave the check to Jane to serve as a
memorandum of his indebtedness to her and was
not supposed to be encashed. Is the defense of
Edmund valid? Discuss fully.
3. The defense of Edmund is NOT valid.
A memorandum check upon presentment is
generally accepted by the bank. It does not
matter whether the check is in the nature of
a memorandum as evidence of indebtedness.
What the law punishes is the mere issuance
of a bouncing check and not the purpose for
which it was issued nor the terms and
conditions relating thereto. The mere act of
issuing a worthless check is a malum
prohibitum. The understanding that the
check will not be presented at the bank but
will be redeemed by the maker when the
loan falls due is a mere private arrangement
which may not prevail to exempt it from the
BP 22; Presumption of Knowledge
penal sanction of B.P. Blg. 22. (People vs.
(2002)
A a businessman, borrowed P500,000.00
Nitafan)
from B, a friend. To pay the loan, A issued a
postdated check to be presented for payment
30 days after the transaction. Two days
before the maturity date of the check, A
called up B and told him not to deposit the
check on the date stated on the face thereof,
as A had not deposited in the drawee bank
the amount needed to cover the check.
Nevertheless, B deposited the check in
question and the same was dishonored of
insufficiency of funds. A failed to settle the
SUGGESTED ANSWER:
amount
Yes, A Iswith B for
liable in spite of the
violation oflatter's
BP. Blg. 22
demands. Is A guilty of violating
(Bouncing Checks Law), Although B.P. Blg. 22,
otherwise known as the Bouncing
knowledge by the drawer of insufficiencyChecks or
Law? Explain. (5%)
lack of funds at the time of the issuance of
the check is an essential element of the
violation, the law presumes prima facie such
knowledge, unless within five (5) banking
days of notice of dishonor or nonpayment,
the drawer pays the holder thereof the
amount due thereon or makes arrangements
A
formere notice
payment inby
fullthe
bydrawer A to the
the drawee payee
of such
B before
checks. the maturity date of the check will
not defeat the presumption of knowledge
created by the law; otherwise, the purpose
SUGGESTED ANSWER: and spirit of B.P. 22 will be rendered useless.
1. A memorandum check is an ordinary Estafa & Trust Receipt Law
check with the word "Memorandum", (1995)
Julio obtained a letter of credit from a local
"Memo", or "Mem" written across the face, bank in order to import auto tires from
signifying that the maker or drawer engages Japan. To secure payment of his letter of
to pay its holder absolutely thus partaking credit, Julio executed a trust receipt in favor
the nature of a promissory note. It is drawn of the bank. Upon arrival of the tires, Julio
on a bank and is a bill of exchange within sold them but did not deliver the proceeds to
the (People
purviewvs.of Nitafan, 215 of
Section 185 SCRA
the Negotiable the bank. Julio was charged with estafa
79)
Instruments Law. under P.D. No. 115 which makes the violation
2. Yes, a person who issued a
memorandum check without sufficient funds of a trust receipt agreement punishable as
is guilty of violating B.P. Blg. 22 as said law estafa under Art. 315, par. (1), subpar. (b), of
covers all checks whether it is an evidence the Revised Penal Code. Julio contended that
of indebtedness, or in payment of a pre- P.D. No. 115 was unconstitutional because it
existing obligation, or as deposit or violated the Bill of Rights provision against
SUGGESTED ANSWER:
guarantee. (People vs. Nitafan) imprisonment for nonpayment of debt. Rule
on the contention of Julio, Discuss fully.
Criminal Law Bar Examination Q & A (1994-2006)
Such contention is invalid. A trust receipt
arrangement doesn't involve merely a simple
loan transaction but includes likewise a
security feature where the creditor bank
extends financial assistance to the debtor-
importer in return for the collateral or
security title as to the goods or merchandise
being purchased or imported. The title of the
bank to the security is the one sought to be
protected and not the loan which is a
separate and distinct agreement. What is
being penalized under P,D. No. 115 is the
misuse or misappropriation of the goods or
proceeds realized from the sale of the goods,
documents or Instruments which are being
held in trust for the entrustee-banks. In
other words, the law punishes the
dishonesty
Estafa and abuse of confidence in the
handling
(1999) of
Is there such money or as
a crime goods to the
estafa prejudice
through
of the other, and hence
negligence? Explain. (2%) there is no violation
of the right against imprisonment for non-
payment of debt. (People
Aurelia introduced Rosa vs. Nitafan, 207
to Victoria, SCRA
a dealer
725)
in jewelry who does business in Timog,
Quezon City. Rosa, a resident of Cebu City,
agreed to sell a diamond ring and bracelet to
Victoria on a commission basis, on condition
that, if these items can not be sold, they may
be returned to Victoria forthwith. Unable to
sell the ring and bracelet, Rosa delivered
both items to Aurelia in Cebu City with the
understanding that Aurelia shall, in turn,
return the items to Victoria in Timog,
Quezon City. Aurelia dutifully returned the
bracelet to Victoria but sold the ring, kept
the cash proceeds thereof to herself, and
issued a check to Victoria which bounced.
Victoria sued Rosa for estafa under Article
315, R.P.C., Victoria insisting that delivery to
a third person of the thing held in trust is not
a defense in
SUGGESTED estafa. Is Rosa criminally liable
ANSWER:
for
(a) estafa
There under the circumstances?
is no such crime as estafa Explain,
through
[4%)
negligence. In estafa, the profit or gain must
be obtained by the accused personally,
through his own acts, and his mere
negligence in allowing another to take
advantage of or benefit from the entrusted
chattel cannot constitute estafa. (People v.
(b) No, Rosa CA,
Nepomuceno, cannot
46OGbe6135)
held criminally liable
for estafa. Although she received the jewelry
from Victoria under an obligation to return
the same or deliver the proceeds thereof, she
did not misappropriate it. In fact, she gave
them to Aurelia specifically to be returned to
Victoria. The misappropriation was done by
Aurelia, and absent the showing of any
conspiracy between Aurelia and Rosa, the
latter cannot be held criminally liable for
Amelia's acts. Furthermore, as explained
above, Rosa's negligence which may have
allowed Aurelia to
66 of 86
misappropriate the jewelry does not make
her criminally liable for estafa.

Estafa vs. BP 22
(1996)
The accused was convicted under B.P, Blg.
22 for having issued several checks which
were dishonored by the drawee bank on
their due date because the accused closed
her account after the issuance of checks. On
1
appeal,Blg.
she22argued
by reason
thatofshe
the could
closingnot
of be
her account
convicted because said law applies solely
under
to checks dishonored by reason of
insufficiency of funds and that at the time
she issued the checks concerned, she had
adequate funds in the bank. While she
admits that she may be held liable for estafa
under Article 215 of the Revised Penal Code,
SUGGESTED ANSWER:
she cannot however be found guilty of
No, the contention of the accused is not
having violated
correct. As long as the checks issued were
2 Blg. 22. Is her contention correct?
issued to apply on account or for value, and
Explain.
was dishonored upon presentation for
payment to the drawee bank for lack of
insufficient funds on their due date, such act
falls within the ambit of B.P. Blg. 22. Said
law expressly punishes any person who may
have insufficient funds in the drawee bank
when he issues the check, but fails to keep
sufficient funds to cover the full amount of
the check when presented to the drawee
Estafa vs. BP 22
bank within ninety (90) days from the date
(2003)
A and B agreed to meet at the latter's house
appearing thereon.
to discuss B's financial problems. On his
way, one of A's car tires blew up. Before A
left following the meeting, he asked B to
lend him (A) money to buy a new spare tire.
B had temporarily exhausted his bank
deposits, leaving a zero balance.
Anticipating, however, a replenishment of
his account soon, B issued A a postdated
check with which A negotiated for a new
tire. When presented, the check bounced for
lack of funds. The tire company filed a
SUGGESTED ANSWER:
criminal case against
A who negotiated A and B. check
the unfunded What of
would
B in
be the criminal liability, if any, of
buying a new tire for his car may only each of the
be
two accused?
prosecuted forExplain.
estafa if8%he was aware at the
time of such negotiation that the check has
no sufficient funds in the drawee bank;
otherwise, he is not criminally liable.
B who accommodated A with his check may
nevertheless be prosecuted under BP 22 for
having issued the check, knowing at the time
of issuance that it has no funds in the bank
and that A will negotiate it to buy a new tire,
i.e., for value. B may not be prosecuted for
estafa because the facts indicate that he is
not actuated by intent to defraud in issuing
the check which A negotiated. Obviously, B
issued the postdated check only to help A:
criminal intent or dolo is absent.
Criminal Law Bar Examination Q & A (1994-2006)
67 of 86
Estafa vs. Money Market Placement
(1996)
On March 31, 1995, Orpheus Financing Estafa; Elements
Corporation received from Maricar the sum (2005)
DD purchased a television set for
of P500,000 as money market placement for P50,000.00 with the use of a counterfeit
sixty days at fifteen (15) per cent interest, credit card. The owner of the establishment
and the President of said Corporation issued had no inkling that the credit card used by
a check covering the amount including the DD was counterfeit. What crime or crimes
interest due thereon, postdated May 30, SUGGESTED
did DD commit?ANSWER: Explain. (5%)
1995. On the maturity date, however, DD committed the crime of estafa under Art.
Orpheus Financing Corporation failed to 315, par. 2(a) of the Revised Penal Code by
deliver back Maricar's money placement falsely pretending to posses credit. The
with the corresponding interest earned, elements of estafa under this penal provision
notwithstanding repeated demands upon are; (1) the accused defrauded another by
Did
said the President of
Corporation to Orpheus
comply Financing
with its means of deceit; and (2) damage or
Corporation
commitment. incur any criminal liability for prejudice capable of pecuniary estimation is
estafa for reason of the nonpayment of the caused to the offended party or third party.
SUGGESTED
money marketANSWER:
placement? Explain. The accused also violated R.A. No. 8484,
No, the President of the financing Mr.
whichCarlos Gabisi,
punishes thea use
customs guard, and
or possession of Mr,
corporation does not incur criminal liability Rico Yto, a private Individual,
fake or counterfeit credit card. went to the
for estafa because a money market office of Mr. Diether Ocuarto, a customs
Estafa; Falsification of Commercial Document
transaction partakes of the nature of a loan, broker,
(2000) and represented themselves as
such that nonpayment thereof would not agents of Moonglow Commercial Trading, an
give rise to estafa through misappropriation Importer of children's clothes and toys. Mr.
or conversion. In money market placement, Gabisi and Mr. Yto engaged Mr. Ocuarto to
there is transfer of ownership of the money prepare and file with the Bureau of Customs
to be invested and therefore the liability for the necessary Import Entry and Internal
its return is civil in nature (Perez vs. Court of Revenue Declaration covering Moonglow's
Estafa vs. Theft shipment. Mr. Gabisi and Mr. Yto submitted
Appeals, 127 SCRA 636; Sebreno vs. Court of
(2005)
DD was engaged in the warehouse business. to Mr. Ocuarto a packing list, a commercial
Appeals etal, G.R. 84096, 26 Jan 95).
Sometime in November 2004, he was in dire invoice, a bill of lading and a Sworn Import
need of money. He, thus, sold merchandise Duty Declaration which declared the
deposited in his warehouse to VR for shipment as children's toys, the taxes and
P500,000.00. DD was charged with theft, as duties of which were computed at
principal, while VR as accessory. The court P60,000.00. Mr. Ocuarto filed the
convicted DD of theft but acquitted VR on aforementioned documents with the Manila
the ground that he purchased the International Container Port. However,
merchandise in good faith. However, the before the shipment was released, a spot
court ordered VR to return the merchandise check was conducted by Customs Senior
DD
to themoved
owner forthereof
the reconsideration
and ordered DD of the
to Agent James Bandido, who discovered that
decision insisting that
refund the P500,000.00 to VR. he should be the contents of the van (shipment) were not
acquitted of theft because being the children's toys as declared in the shipping
depositary, he had juridical possession of the documents but 1,000 units of video cassette
merchandise. VR also moved for the recorders with taxes and duties computed at
reconsideration of the decision insisting that P600,000.00. A hold order and warrant of
since he was acquitted of the crime charged, seizure and detention were then issued by
and that he purchased the merchandise in the District Collector of Customs. Further
SUGGESTED ANSWER:
good faith, he is not obligated to return the investigation showed that Moonglow is non-
The motion for reconsideration should be
merchandise to its owner. Rule on the existent. Consequently, Mr, Gabisi and Mr.
granted. By depositing the merchandise in
motions with reasons. (5%) Yto were charged with and convicted for
his warehouse, he transferred not merely
physical but also juridical possession. The violation of Section 3(e) of R.A. 3019 which
element of taking in the crime of theft is makes it unlawful among others, for public
wanting. At the most, he could be held liable officers to cause any undue Injury to any
for estafa for misappropriation of the party, including the Government. In the
On the otherdeposited.
merchandise hand, the motion of VR must discharge of official functions through
also be denied. His acquittal is of no manifest partiality, evident bad faith or gross
moment because the thing, subject matter of inexcusable negligence. In their motion for
the offense, shall be restored to the owner reconsideration, the accused alleged that the
even though it is found in the possession of decision was erroneous because the crime
a third person who acquired it by lawful was not consummated but was only at an
means. (Art. 105, RFC) attempted stage, and that in fact the
Government did not suffer any undue injury.
Assuming that the attempted or frustrated
stage of the violation charged is not
punishable, may the accused be nevertheless
convicted for an offense punished by the
Revised Penal Code under the facts of the
case? Explain. (3%)
Criminal Law Bar Examination Q & A (1994-2006)
68 of 86
SUGGESTED ANSWER: lot to her neighbor Dino for P1,000,000.
Yes, both are liable for attempted estafa thru Later Divina sold the same lot to Angel for
falsification of commercial documents, a P2,000,000. In the Deed of Sale, she
complex crime. They tried to defraud the expressly stated that the property is free
Government with the use of false from any lien or encumbrance. What crime,
commercial and public documents. Damage SUGGESTED
if any, did ANSWER:
Divina commit? [5%]
is not necessary. Divina committed estafa or swindling under
Estafa; Falsification of Commercial Documents Art. 316, par. 2 of the Revised Penal Code
(1997)
The accused opened a saving account with because, knowing that the real property
Bank A with an initial deposit of P2,000.00. being sold is encumbered, she still made a
A few days later, he deposited in the savings misrepresentation in the Deed of Sale that
account a Bank B check for P 10,000.00 the same is free from any lien or
drawn and endorsed purportedly by C. Ten encumbrance. There is thus a deceit or
days later, he withdrew P 10,000.00 from his Robbery
fraud causing damage to the buyer of the
savings account. C complained to Bank B (1996)
Five
lot. robbers robbed, one after the other five
when the check was deducted from his houses occupied by different families
account. Two days thereafter, the accused located inside a compound enclosed by a six-
deposited another Bank B check of P feet high hollow block fence. How many
SUGGESTED ANSWER:
robberies did the five commit? Explain.
10,000.00 signed and endorsed allegedly by
The offenders committed only one robbery in
C. A week later, the accused went to Bank A
Convicted under two informations of estafa the eyes of the law because when they
to withdraw P10,000.00. While withdrawing
and attempted estafa both through entered the compound, they were impelled
the amount, he was arrested.
falsification of commercial documents, he set only by a single indivisible criminal
up the defenses that, except for the showing resolution to commit a robbery as they were
that the signature of C had been forged, no not aware that there were five families
further evidence was presented to establish inside said compound, considering that the
(a) that he was the forger of the signature of same was enclosed by a six-feet high hollow-
C nor (b), that as to the second charge C block fence. The series of robbery committed
SUGGESTED ANSWER: in the same compound at about the same
suffered any damage. Rule on the defense.
The defense is not tenable; (a) the possessor Robbery under
time constitutes RPCone continued crime,
of a falsified document is presumed to be the (2000)
A,
motivated by one were
B, C, D and B in aimpulse.
criminal beerhouse along
author of the falsification (People vs. MacArthur Highway having a drinking
Sendaydtego, 81 SCRA 120; Koh Tiek vs. People, spree. At about 1 o'clock in the morning,
et al, Dec. 21, 1990); (b) In estafa, a mere they decided to leave and so asked for the
disturbance of property rights, even if bill. They pooled their money together but
temporary, would be sufficient to, cause they were still short of P2,000.00. E then
damage. Moreover, in a crime of falsification orchestrated a plan whereby A, B, C and D
of a commercial document, damage or intent would go out, flag a taxicab and rob the taxi
to cause damage is not necessary because driver of all his money while E would wait
the principal thing punished is the violation for them in the beerhouse. A. B, C and D
Estafa; Defense
of the public of and
faith Ownership (2002) Aofsold
the destruction the agreed. All armed with balisongs, A, B, C
a washing machine to B on credit,
truth as therein solemnly proclaimed. with the and D hailed the first taxicab they
understanding that B could return the encountered. After robbing X, the driver, of
appliance within two weeks if, after testing his earnings, which amounted to P1,000.00
the same, B decided not to buy it. Two only, they needed P1 ,000.00 more to meet
weeks lapsed without B returning the their bill. So, they decided to hail another
appliance. A found out that B had sold the taxicab and they again robbed driver T of his
washing machine to a third party- Is B liable hard-earned money amounting to P1,000.
for estafa? Why? (5%) SUGGESTED On their way back to the beerhouse, they
SUGGESTED ANSWER:
ANSWER: No, B is not liable for estafa were apprehended
A. B, C, D and E are by a police
liable for twoteam upon
(2) counts
because he is not just an entrustee of the the robbery
complaint of X,Article
the driver of the
the Rev.
first
of under 294 of
washing machine which he sold; he is the cab. They pointed
Penal Code; not fortohighway
E as the mastermind.
Robbery under
owner thereof by virtue of the sale of the What crime
PD 532. Theor crimes, if
offenders areany,
notdid A, B, C,but
brigands D
washing machine to him. The sale being on and Bcommitted
commit? Explain fully. (3%)
only the robbery to raise money
credit, B as buyer is only liable for the
to pay their bill because it happened that
unpaid price of the washing machine; his
Estafa; Swindling they were short of money to pay the same.
obligation
(1998) is only a civil obligation. There is Robbery under RPC
Divina, is the owner of a 500-square meter
no felonious misappropriation that could (2001)
A and B are neighbors in Barangay Nuevo I,
residential lot in Makati City covered by
constitute estafa. Silang, Cavite. A is a barangay Kagawad and
TCT No. 1998. As her son needed money for
his trip abroad, Divina mortgaged her known to be a
Criminal Law Bar Examination Q & A (1994-2006)
bully, while B is reputed to be gay but noted
for his industry and economic savvy which
allowed him to amass wealth in leaps and
bounds, including registered and
unregistered lands in several barangays.
Resenting B's riches and relying on his
political influence, A decided to harass and
intimidate B into sharing with him some of
his lands, considering that the latter was
single and living alone. One night, A broke
into B's house, forced him to bring out some
titles and after picking out a title covering
200 square meters in their barangay,
compelled B to type out a Deed of Sale
conveying the said lot to him for P1.00 and
other valuable considerations. All the while,
A carried
What a paltik
charge or caliber
charges.45 in fullbe
should view of
filed
B, who signed the deed
against A? Explain. (5%) out of fear. When A
later on ANSWER:
SUGGESTED tried to register the deed, B
summoned
The charge for enough
Robberycourage and had
under Article 298 ofA
arrested
the Revised andPenalcharged
Code in court
should be after
filed
preliminary
against A. Saidinvestigation.
Article provides that any
person who, with intent to defraud another,
by means of violence or intimidation, shall
compel him to sign, execute and deliver any
public instrument or document shall be held
The
guiltypaltik caliber .45 firearm carried by A
of robbery.
was obviously intended to intimidate B and
thus, used in the commission of the robbery.
If it could be established that A had no
license or permit to possess and carry such
firearm, it should be taken only as special
aggravating circumstance to the crime of
ALTERNATIVE
robbery, ANSWER:
not subject of a separate
On the premise that the Deed of Sale which
prosecution.
A compelled B to sign, had not attained the
character of a "public" instrument or
document, A should be charged for the
crime of Qualified Trespass to Dwelling
under Article 280 of the Revised Penal Code
for having intruded into Bs house, and for
the crime of Grave Coercion under Article
286 of same Code, for compelling B to sign
Robbery
such deed vs.of sale
Highway Robbery
against his will.
(2000)
Distinguish Highway Robbery under
Presidential Decree No. 532 from Robbery
committedANSWER:
SUGGESTED on a highway. (3%)
Highway Robbery under Pres. Decree 532
differs from ordinary Robbery committed on
a highway in these respects:
1 In Highway Robbery under PD 532, the
robbery is committed indiscriminately against
persons who commute in such highways,
regardless of the potentiality they offer; while in
ordinary Robbery committed on a highway, the
robbery is committed only against predetermined
victims;
2 It is Highway Robbery under PD 532,
when the offender is a brigand or one who roams
in public
69 of 86
highways and carries out his robbery in
public highways as venue, whenever the
opportunity to do so arises. It is ordinary
Robbery under the Revised Penal Code
when the commission thereof in a public
highway is only incidental and the
offender is not a brigand: and
3. In Highway Robbery under PD 532,
there is frequency in the commission of the
robbery in public highways and against
persons travelling thereat; whereas ordinary
Robbery in public highways is only
occasional against a predetermined victim,
without frequency in public highways.
Robbery w/ force upon things
(2000)
A, brother of B, with the intention of having
a night out with his friends, took the
coconut shell which is being used by B as a
bank for coins from inside their locked
cabinet using their common key. Forthwith,
A broke the coconut shell outside of their
home in the presence of his friends. What is
the criminal liability of A, if any? Explain.
(3%) Is A exempted from criminal liability
under Article 332 of the Revised Penal Code
SUGGESTED ANSWER:
for being a brother of B? Explain. (2%)
a) A is criminally liable for Robbery with
force upon things, because the coconut shell
with the coins inside, was taken with intent
to gain and broken outside of their home,
(Art. 299 (b) (2). RPC).
b) No, A is not exempt from criminal liability
under Art. 332 because said Article applies
only to theft, swindling or malicious mischief.
Here, the crime committed is robbery.

Robbery w/ Homicide - R.A. No. 7659


(2005)
Jose employed Mario as gardener and Henry
as cook. They learned that Jose won
P500,000.00 in the lotto, and decided to rob
him. Mario positioned himself about 30
meters away from Joses house and acted as
lookout. For his part, Henry surreptitiously
gained entry into the house and killed Jose
who was then having his dinner. Henry found
the P500,000.00 and took it. Henry then took
a can of gasoline from the garage and
burned the house to conceal the acts. Mario
and Henry fled, but were arrested around
200 meters away from the house by alert
Mario and Henry were charged with and
barangay tanods. The tanods recovered the
convicted of robbery with homicide, with the
P500,000.00.
aggravating circumstances of arson, dwelling,
and nighttime.
Mario moved to reconsider the decision
maintaining that he was not at the scene of
the crime and was not aware that Henry
killed the victim; hence, he was guilty only
of robbery, as an accomplice. Mario also
claimed that he conspired with Henry to
commit robbery but not to kill
Criminal Law Bar Examination
Q & A (1994-2006)
70 of 86
Jose. Henry, likewise, moved to reconsider to prevent identification, what crime did the
the decision, asserting that he is liable only four commit? Explain.
for attempted robbery with homicide with SUGGESTED ANSWER:
no aggravating circumstance, considering (a) Jose, Domingo, and Manolo committed
that he and Mario did not benefit from the Robbery, while Fernando committed
P500,000.00. He further alleged that arson complex crime of Robbery with Rape.
is a felony and not an aggravating Conspiracy can be inferred from the manner
circumstance; dwelling is not aggravating in the offenders committed the robbery but the
attempted robbery with homicide; and rape was committed by Fernando at a place
nighttime is not aggravating because the "distant from the house" where the robbery
house of Jose was lighted at the time he was was committed, not in the presence of the
SUGGESTED ANSWER: other conspirators. Hence, Fernando alone
killed.
Mario isResolve with reasons
not correct. the respective
Mario conspired and
motions of Mario and Henry. (7%) should answer for the rape, rendering him
acted in concert with Henry to commit liable for the special complex crime. (People
robbery. Hence, the act of one is the act of b) The crime would be Robbery with
vs. Canturia et. al, G.R. 108490, 22 June 1995}
all and the extent of the specific Homicide because the killings were by reason
participation of each individual conspirator (to prevent identification) and on the
becomes secondary, each being held liable occasion of the robbery. The multiple rapes
for the criminal deed(s) executed by another committed and the fact that several persons
or others. As a conspirator, Mario casts his were killed [homicide), would be considered
lot with his fellow conspirators and becomes as aggravating circumstances. The rapes are
liable to any third person who may get killed synonymous with Ignominy and the
in the course of implementing the criminal additional killing synonymous with cruelty,
Henry is incorrect, since he acquired (People vs. Solis, 182 SCRA; People vs. Plaga, 202
design. (People v. Punzalan, et al.. G.R. No. Robbery w/ Homicide
possession of the money. The crime of SCRA 531)
78853, November 8, 1991) (1998)
robbery with force and intimidation is A, B, C and D all armed, robbed a bank, and
consummated when the robber acquires when they were about to get out of the
possession of the property, even if for a bank, policemen came and ordered them to
short time. It is no defense that they had no surrender but they fired on the police
opportunity to dispose of or benefit from the officers who fired back and shot it out with
money taken. (People v. Salvilia, et al., G.R. No. 1. Suppose a bank employee was killed and
them.
Since
88163,the crime
April in robbery with force and
26, 1990) the bullet which killed him came from the
intimidation against persons (robbery with firearm of the police officers, with what
homicide), dwelling is aggravating. Arson, 2. Suppose
crime it was
shall you robber
charge D who
A, B. C andwas
D?killed
[3%]
which accompanied the crime of robbery by the policemen and the prosecutor
with homicide is absorbed (Art. 294, RFC as charged A, B and C with Robbery and
amended by R.A. No. 7659) and is not Homicide. They demurred arguing that they
aggravating because the RPC does not (A, B and C) were not the ones who killed
provide that such crime is an aggravating robber D, hence, the charge should only be
SUGGESTED
Robbery. HowANSWER:
would you resolve their
circumstance. (People v. Regala, G.R. No.
1. A, B,
argument? C and D should be charged
(2%)
130508, April 5, 2000) Nighttime, likewise, is
with the crime of robbery with homicide
not aggravating. There is no showing that
because the death of the bank employee
the same was purposely sought by the
Robbery w/ Homicide was brought about by the acts of said
offenders to facilitate the commission of the
(1996)
Jose, offenders on the occasion of the robbery.
crimeDomingo, Manolo, and Fernando,
or impunity.
armed with bolos, at about one o'clock in the They shot it out with the policeman,
morning, robbed a house at a desolate place thereby causing such death by reason or
where Danilo, his wife, and three daughters on the occasion of a robbery; hence, the
were living. While the four were in the composite crime of robbery with
process of ransacking Danilo's house, homicide.
Fernando, noticing that one of Danilo's 2. The argument is valid, considering
daughters was trying to get away, ran after that a separate charge for Homicide was
ALTERNATIVE ANSWER:
her and finally caught up with her in a filed.
2. The It would raised
argument be different
by A, ifBthe
andcharge
C is not
thicket somewhat distant from the house. correct because their liability is not of
filed was for the composite crime only for
Fernando, before bringing back the robbery
Robbery butwith homicide
for the specialwhich is a crime
complex single,of
daughter to the house, raped her first. indivisible
Robbery with offense.
homicide. But the facts stated
Thereafter, the four carted away the impresses that separate crimes of Robbery
belongings of Danilo and his family. a) What "and" Homicide were charged, which is not
crime did Jose, Domingo, Manolo and correct. What was committed was a single
Fernando commit? Explain. b) Suppose, indivisible offense of Robbery with homicide,
after the robbery, the four took turns in not two crimes.
raping the three daughters of Danilo inside
the latter's house, but before they left, they
killed the whole family
Criminal Law Bar Examination Q & A (1994-2006)
71 of 86
Robbery w/ Homicide who took part in the robbery are guilty as
(2003)
A learned two days ago that B had received principals of the crime of robbery with
dollar bills amounting to $10,000 from his homicide, unless the accused tried to
daughter working in the United States. With prevent the killing (People vs. Baello, 224 SCRA
the intention of robbing B of those dollars, A 218). Further, the aggravating circumstance
entered B's house at midnight, armed with a of craft could be assessed against the
knife which he used to gain entry, and began accused for pretending to be customers of
quietly searching the drawers, shelves, and Robbery w/ Intimidation vs. Theft
Mang Pandoy.
other likely receptacles of the cash. While (2002)
A entered the house of another without
doing that, B awoke, rushed out from the employing force or violence upon things. He
bedroom, and grappled with A for the was seen by a maid who wanted to scream
possession of the knife which A was then but was prevented from doing so because A
holding. After stabbing B to death, A turned threatened her with a gun. A then took
over B's pillow and found the latter's wallet money and other valuables and left. Is A
SUGGESTED ANSWER:
guilty of theft or of robbery? Explain. (3%)
underneath the pillow, which was bulging
SUGGESTED ANSWER: A is liable for robbery because of the
with the dollar bills heiswas
The crime committed looking
robbery for. A
with intimidation he employed on the maid before
took
homicide, a composite crime. This is socrime
the bills and left the house. What the taking of the money and other valuables.
or crimesA's
because were committed?
primordial 8% intent is to
criminal It is the intimidation of person relative to the
commit a robbery and in the course of the taking that qualifies the crime as robbery,
robbery, the killing of B took place. Both the instead of simply theft. The non-employment
robbery and the killing were consummated, of force upon things is of no moment
thus giving rise to the special complex crime because robbery is committed not only by
of robbery with homicide. The primary employing force upon things but also by
criminal intent being to commit a robbery, employing violence against or intimidation of
any killing on the "occasion" of the robbery, Robbery
persons. w/ Rape
though not by reason thereof, is considered (1999)
Two young men, A and B, conspired to rob a
a component of the crime of robbery with residential house of things of value. They
Robbery w/ Homicide; Special Complex Crime succeeded in the commission of their
homicide as a single indivisible offense.
(1995)
Victor, Ricky, Rod and Ronnie went to the original plan to simply rob. A, however, was
store of Mang Pandoy. Victor and Ricky sexually aroused when he saw the lady
entered the store while Rod and Ronnie owner of the house and so, raped her.
posted themselves at the door. After ordering The lady victim testified that B did not in
beer Ricky complained that he was any way participate in the rape but B
shortchanged although Mang Pandoy watched the happening from a window and
vehemently denied it. Suddenly Ricky did nothing to stop the rape. Is B as
whipped out a knife as he announced "Hold- criminally liable as A for robbery with rape?
SUGGESTED
Explain. (4%)ANSWER:
up ito!" and stabbed Mang Pandoy to death.
Yes, B is as criminally liable as A for the
Rod boxed the store's salesgirl Lucy to
composite crime of robbery with rape under
prevent her from helping Mang Pandoy. When
Art. 294 (1). Although the conspiracy of A
Lucy ran out of the store to seek help from
and B was only to rob, B was present when
people next door she was chased by Ronnie.
the rape was being committed which gave
As soon as Ricky had stabbed Mang Pandoy,
rise to a composite crime, a single indivisible
Victor scooped up the money from the cash
offense of robbery with rape. B would not
box. Then Victor and Ricky dashed to the
have been liable had he endeavored to
street and shouted, "Tumakbo na kayo!" Rod
prevent the commission of the rape. But
was 14 and Ronnie was 17. The money and
since he did not when he could have done so,
other articles
SUGGESTED looted from the store of Mang
ANSWER: he in effect acquiesced with the rape as a
Pandoy
All were for
are liable later found
the in the
special houses
complex of
crime Robbery w/ Rape; Conspiracy
component of the robbery and so he is also
Victor and Ricky. Discuss fully
The the
actscriminal (2004)
Together
of robbery with homicide. of Ricky liable for robberyand
XA, YB with ZC planned to rob Miss
rape.
liability
in of Victor,
stabbing Mang Ricky,
Pandoy Rod and Ronnie.
to death, of Rod in OD. They entered her house by breaking one
boxing the salesgirl to prevent her from of the windows in her house. After taking
helping Mang Pandoy, of Ronnie in chasing her personal properties and as they were
the salesgirl to prevent her in seeking help, about to leave, XA decided on impulse to
of Victor in scooping up money from the rape OD. As XA was molesting her, YB and
cash box, and of Ricky and Victor in dashing ZC stood outside the door of her bedroom
to the street and announcing the escape, are and did nothing to prevent XA from raping
The rule is settled
all indicative that when homicide takes
of conspiracy. OD. What crime or crimes did XA, YB and ZC
place as a consequence or on the occasion commit, and what is the criminal liability of
of a robbery, all those each? Explain briefly. (5%)
Criminal Law Bar Examination Q & A (1994-2006)
72 of 86
SUGGESTED ANSWER: The taking of the money from the victims
The crime committed by XA, YB and ZC is was a mere afterthought of the killings.
the composite crime of Robbery with Rape, a Hence, Harry committed the separate crime
single, indivisible offense under Art. 294(1) of theft and not the complex crime of
of the Revised Penal Code. robbery with homicide. Although theft was
committed against dead persons, it is still
Although the conspiracy among the legally possible as the offended party are
offenders was only to commit robbery and In
theburning thethe
estates of cottage to hide his misdeed.
victims.
only XA raped CD, the other robbers, YB and Harry became liable for another separate
ZC, were present and aware of the rape crime, arson. This act of burning was not
being committed by their co-conspirator. necessary for the consummation of the two
Having done nothing to stop XA from (2) previous offenses he committed. The fact
committing the rape, YB and ZC thereby that the caretaker died from the blaze did
concurred in the commission of the rape by not qualify Harry's crime into a complex
The
theircriminal liabilityXA.
co-conspirator of all, XA, YZ and ZC, crime of arson with homicide for there is no
shall be the same, as principals in the Hence, Harry was improperly charged with
such crime.
special complex crime of robbery with rape the complex crime of arson with quadruple
which is a single, indivisible offense where homicide and robbery. Harry should have
the rape accompanying the robbery is just a been charged with three (3) separate
component. crimes, murder, theft and arson.
Robbery; Homicide; Arson Robbery; Rape
(1995)
Harry, an overseas contract worker, arrived (1997)
After raping the complainant in her house,
from Saudi Arabia with considerable the accused struck a match to smoke a
savings. Knowing him to be "loaded", his cigarette before departing from the scene.
friends Jason, Manuel and Dave invited him The brief light from the match allowed him
to poker session at a rented beach cottage. to notice a watch in her wrist. He demanded
When he was losing almost all his money that she hand over the watch. When she
which to him was his savings of a lifetime, refused, he forcibly grabbed it from her. The
he discovered that he was being cheated by accused was charged with and convicted of
his friends. Angered by the betrayal he SUGGESTED ANSWER:
the special complex crime of robbery with
Harry
decidedordered several on
to take revenge bottles of Tanduay
the three cheats. No. the court erred in convicting the
rape. Was the court correct?
Rhum and gave them to his companions to accused of the special complex crime of
drink, as they did, until they all fell asleep. robbery with rape. The accused should
When Harry saw his companions already instead be held liable for two (2) separate
sound asleep he hacked all of them to death. crimes of robbery and rape, since the
Then he remembered his losses. He rifled primary intent or objective of the accused
through the pockets of his victims and got was only to rape the complainant, and his
back all the money he lost. He then ran commission of the robbery was merely an
away but not before burning the cottage to afterthought. The robbery must precede the
hide his misdeed. The following day police rape. In order to give rise to the special
investigators found among the debris the Theft
complex crime for which the court convicted
After
charredpreliminary
bodies ofinvestigation,
Jason, Manuel, theDave and (1998)
Mario found a watch in a jeep he was
the accused.
Provincial Prosecutor charged
the caretaker of the resort. Harry with riding, and since it did not belong to him, he
the complex crime of arson with quadruple approached policeman P and delivered the
homicide and robbery. Was Harry properly watch with instruction to return the same to
SUGGESTED ANSWER: fully.
charged? Discuss whoever may be found to be the owner.
No, Harry was net properly charged. Harry P failed to return the watch to the owner
should have been charged with three (3) and, instead, sold it and appropriated for
separate crimes, namely: murder, theft and himself the proceeds of the sale.
arson.
Harry killed Jason, Manuel and Dave with Charged with theft, P reasoned out that he
evident premeditation, as there was cannot be found guilty because it was not he
considerable lapse of time before he decided who found the watch and, moreover, the
to commit the crime and the actual watch turned out to be stolen property. Is P's
commission of the crime. In addition, Harry SUGGESTED ANSWER:
defense valid? [5%]
employed means which weakened the No, P's defense is not valid. In a charge for
defense of Jason, Manuel and Dave. Harry theft, it is enough that the personal property
gave them the liquor to drink until they were subject thereof belongs to another and not to
drunk and fell asleep. This gave Harry the the offender (P). It is irrelevant whether the
opportunity to carry out his plan of murder person deprived of the possession of the
with impunity. watch has or has no right to the watch. Theft
is
Criminal Law Bar Examination Q & A (1994-2006)
73 of 86
committed by one who, with intent to gain, A vehicular accident occurred on the
appropriates property of another without national highway in Bulacan. Among the
the consent of its owner. And the crime is first to arrive at the scene of the accident
committed even when the offender receives was A, who found one of the victims already
property of another but acquires only dead and the others unconscious. Before
physical possession to hold the same. rescuers could come, A, taking advantage of
Theft the helpless condition of the victims, took
(2001)
Francis Garcia, a Jollibee waiter, found a their wallets and jewelry. However, the
gold bracelet in front of his working place in police, who responded to the report of the
Makati and, upon inspecting it, saw the SUGGESTED ANSWER:
accident, caught A. What crime or crimes
name and address of the owner engraved on A committed the crime of qualified theft
did A commit? Why? (5%)
the inside. Remembering his parents' because he took the wallets and jewelry of
admonition that he should not take anything the victims with evident intent to gain and
which does not belong to him, he delivered on the occasion of a vehicular accident
the bracelet to PO1 Jesus Reyes of the wherein he took advantage of the helpless
Makati Quad precinct with the instruction to condition of the victims. But only one crime
locate the owner and return it to him. PO1 of qualified theft was committed although
Reyes, instead, sold the bracelet and there were more than one victim divested of
misappropriated the proceeds. Subsequent their valuables, because all the taking of the
events brought out the fact that the bracelet valuables were made on one and the same
Theft;
occasion,Qualified
thus Theft
constituting a continued
was dropped by a snatcher who had grabbed (2006)
1. Forest Ranger Jay Velasco was patrolling
it from the owner a block away from where crime.
the Balara Watershed and Reservoir when
Francis had found it and further he noticed a big pile of cut logs outside the
investigation traced the last possessor as gate of the watershed. Curious, he scouted
PO1 Reyes.
SUGGESTED Charged with theft, PO1 Reyes
ANSWER: around and after a few minutes, he saw
reasoned
Charged with that
out hePO1
theft, hadReyes
not committed any
is criminally Rene and Dante coming out of the gate with
crime because it was not he who
liable. His contention that he has nothad found some more newly-cut logs. He apprehended
the braceletany
committed and, moreover,
crime becauseit turned
he was out
not to and charged them with the proper offense.
have been stolen. Resolve the case with
the one who found the bracelet and it turned SUGGESTED ANSWER:
What is that offense? Explain.
reasons.
out to be (10%)
stolen also, is devoid of merit. It is The offense is Qualified Theft under Sec. 68
enough that the bracelet belonged to of P.D. 705, amending P.D. No. 330, which
another and the failure to restore the same penalizes any person who directly or
to its owner is characterized by intent to indirectly cuts, gathers, removes, or
The
gain.act of PO1 Reyes of selling the bracelet smuggles timber, or other forest products
which does not belong to him and which he from any of the public forest. The Balara
only held to be delivered to its owner, is Watershed is protected by the cited laws.
furtive misappropriation with intent to gain. 2. During the preliminary investigation and
up to the trial proper, Rene and Dante
Where a finder of lost or mislaid property contended that if they were to be held
entrusts it to another for delivery to the liable, their liability should be limited only
owner, the person to whom such property is to the newly-cut logs found in their
entrusted and who accepts the same, possession but not to those found outside
SUGGESTED
the gate. IfANSWER:
you were the judge, what will be
assumes the relation of the finder to the
The
yourcontention is untenable, the presence of
ruling? (2.5%)
owner as if he was the actual finder: if he
the newly cut logs outside the gate is
would misappropriate it, he is guilty of theft
Theft; Qualified Theft44 Phil. 720). circumstantial evidence, which, if
(People vs. Avila,
(2002)
A fire broke out in a department store, A, unrebutted, establishes that they are the
taking advantage of the confusion, entered offenders who gathered the same.
Theft; Stages of Execution
the store and carried away goods which he
(1998)
In the jewelry section of a big department
later sold. What crime, if any, did he
SUGGESTED ANSWER: store, Julia snatched a couple of bracelets
commit? Why? (2%)
A committed the crime of qualified theft and put these in her purse. At the store's
because he took the goods on the occasion exit, however, she was arrested by the guard
of and taking advantage of the fire which after being radioed by the store personnel
broke out in the department store. The who caught the act in the store's moving
SUGGESTED
camera. ANSWER:
Is the crime consummated,
occasion of a calamity such as fire, when the
The crime is
frustrated, orconsummated theft because the
attempted? [5%]
theft was committed, qualifies the crime
taking of the bracelets was complete after
under Article 310 of the Revised Penal Code,
Theft; Qualified Theft Julia succeeded in putting them in her purse.
as amended.
(2002) Julia acquired complete control of the
bracelets after putting them in her purse;
Criminal Law Bar Examination Q & A (1994-2006)
74 of 86
hence, the taking with intent to gain is felony, unless the intimidation resulted in a
complete and thus the crime is more serious felony.
consummated.
Theft; Stages of Execution 2} The crime would still be usurpation of
(2000)
Sunshine, a beauteous "colegiala" but a real rights under Art. 312, RPC, even if the
shoplifter, went to the Ever Department said offenders killed the caretaker because
Store and proceeded to the women's wear the killing is the Violence against persons"
section. The saleslady was of the impression which is the means for committing the crime
that she brought to the fitting room three (3) and as such, determinative only. However,
pieces of swimsuits of different colors. When this gives way to the proviso that the penalty
she came out of the fitting room, she provided for therein is "in addition to the
returned only two (2] pieces to the clothes penalty incurred in the acts of violence
rack. The saleslady became suspicious and (murder or homicide] executed by them. The
(People vs. Judge Alfeche, plus the fine
alerted the store detective. Sunshine was crime is similar to a robbery where a killing
mentioned therein.
stopped by the detective before she could is committed by reason thereof, giving rise
leave the store and brought to the office of only toCrimes Against
one indivisible Chastity
offense
the store manager. The detective and the
manager searched her and found her Acts of Lasciviousness vs. Unjust Vexation
SUGGESTED ANSWER:
wearing the third swimsuit under her the
blouse (1994)
When is embracing, kissing and touching a
The theft was consummated because
and pants. Was the theft of the swimsuit girl's breast considered only unjust vexation
taking or asportation was complete. The
consummated, frustrated or attempted? instead of acts of lasciviousness?
asportation is complete when the offender SUGGESTED ANSWER:
Explain. (5%)
acquired exclusive control of the personal The acts of embracing, kissing of a woman
property being taken: in this case, when arising either out of passion or other motive
Sunshine wore the swimsuit under her and the touching of her breast as a mere
blouse and pants and was on her way out of incident of the embrace without lewd design
the store. With evident intent to gain, the constitutes merely unjust vexation (People
taking constitutes theft and being complete, us, Ignacio. CA GRNo. 5119-R, September 30,
ALTERNATIVE ANSWER;
it is consummated. It is not necessary that 1950). However, where the kissing,
The crime of theft was only frustrated
the offender is in a position to dispose of the embracing and the touching of the breast of
because Sunshine has not yet left the store
property, a woman are done with lewd design, the
when the offense was opportunely discovered
and the article seized from her. She does not same constitute acts of lasciviousness
Adultery
have yet the freedom to dispose of the (People vs. Percival Gilo, 10 SCRA 753).
(2002)
A, a married woman, had sexual intercourse
swimsuit she was taking (People vs. Dino, CA 45 with a man who was not her husband. The
O.G. 3446). Moreover, in case of doubt as to man did not know she was married. What
whether it is consummated or frustrated, the crime, if any, did each of them commit?
doubt must be resolved in favor of the milder SUGGESTED
Why? (2%)ANSWER:
Usurpation of Real Rights
criminal responsibility. A, the married woman, committed the crime
(1996)
Teresita is the owner of a two-hectare land of adultery under Article 333 of the Revised
in Bulacan which she planted to rice and Penal Code, as amended, for having sexual
corn. Upon her arrival from a three-month intercourse with a man not her husband
vacation in the United States, she was while her marriage is still subsisting. But the
surprised to discover that her land had been man who had carnal knowledge of her, not
taken over by Manuel and Teofilo who knowing her to be married, shall not be
forcibly evicted her tenant-caretaker Juliana, Concubinage
liable for adultery.
after threatening to kill the latter if she (1994)
Abe, married to Liza, contracted another
would resist their taking of the land. marriage with Connie in Singapore.
Thereafter, Manuel and Teofilo plowed, Thereafter, Abe and Connie returned to the
cultivated and appropriated the harvest for Philippines and lived as husband and wife in
themselves to the exclusion of Teresita. 1) the hometown of Abe in Calamba, Laguna. 1)
What crime or crimes did Manuel and Teofilo Can Abe be prosecuted for bigamy? 2) If not,
commit? Explain. 2) Suppose Manuel and SUGGESTED
can he be ANSWER:
prosecuted for any other crime?
SUGGESTED ANSWER:
Teofilo killed Juliana 1) No, Abe may not be prosecuted for bigamy
1) Manuel and Teofilowhen the latter
committed therefused
crime of ...
to surrender possession of the land,
usurpation of real rights under Art. 312 whatof 2) Yes, Abe, together with Connie, may be
crime
the or crimes
Revised Penaldid the two
Code commit?
for employing prosecuted for concubinage under Art. 334
Explain.
violence against or intimidation of persons. of the Revised Penal Code for having
The threats to kill employed by them in cohabited as husband and wife. But
forcibly entering the land is the means of concubinage being a private crime requires
committing the crime and therefore absorbed the sworn complaint of Liza, the offended
in the spouse in accordance
Criminal Law Bar Examination Q & A (1994-2006)
75 of 86
with Rule 110 of the Revised Rules on tions prejudicial to the child's development.
Criminal Procedure. The reaction of the victim, screaming for
help upon the occurrence of the touching
Concubinage indicates that she perceived her dignity was
(2002)
A is married. He has a paramour with whom being debased or violated.
he has sexual relations on a more or less Crimes Against the Civil Status
regular basis. They meet at least once a
week in hotels, motels and other places of Persons
where they can be alone. Is A guilty of any
SUGGESTED
crime? Why? ANSWER:
(3%) Bigamy
A is guilty of the crime of concubinage by (1994)
Issa and Bobby, who were first cousins,
having sexual intercourse under scandalous were married in 1975. In 1993, Bobby was
circumstances, with a woman who is not his told that his marriage to Issa was incestous
wife. under the law then in force and therefore
Having sexual relations on a more or less void ab initio. He married Caring.
regular basis in hotels, motels and other Charged with bigamy, Bobby raised the
places may be considered a scandalous defense that his first marriage is void ab
circumstance that offends public initio and therefore, there is no previous
conscience, giving rise to criticism and marriage to speak of. Will you sustain
general protest such acts being imprudent SUGGESTED ANSWER:
Bobby's defense?
ALTERNATIVE ANSWER:
and wanton and setting a bad example No. I will not sustain Bobby's defense, Bobby
A is not guilty of any crime because a remarried in 1993, or after the Family Code
(People vs. Santos, 86 SCRA 705 [1978]).
married man does not incur the crime of took effect on August 3, 1988, and therefore
concubinage by merely having a paramour, his capacity to marry in 1993 shall be
unless under scandalous circumstances, or governed by said Code. In Art. 40 of the
he keeps her in the conjugal dwelling as a Family Code, it is mandated that the absolute
mistress, or cohabits with her in any other nullity of a previous marriage maybe invoked
place. His weekly meetings with his for purposes of remarriage on the basis
paramour does not per se constitute solely of a final judgment declaring such
Unjust Vexation
scandalous vs. Act of Lasciviousness
circumstance. previous marriage void. In short, there is a
(2006)
Eduardo Quintos, a widower for the past 10
need of a judicial declaration of such
years, felt that his retirement at the age of
nullity
70 gave him the opportunity to engage in his Bigamy before Bobby may validly remarry
(Dorothy Terre vs. Jordan Terre, 211 SCRA 6).
favorite pastime voyeurism. If not using (1996)
Joselito married Ramona in July, 1995, only to
his high-powered binoculars to peep at his learn later on that Ramona was previously
neighbor's homes and domestic activities, his married to David, from whom Ramona had
second choice was to follow sweet young been separated for more than ten years.
girls. One day, he trailed a teenage girl up to Believing that his marriage to Ramona was
the LRT station at EDSA-Buendia. While an absolute nullity, Joselito contracted a
ascending the stairs, he stayed one step subsequent marriage with Anabelle. Can
SUGGESTED
behind her and in a moment of bravado, Joselito beANSWER:
prosecuted for bigamy? Explain.
Yes, Joselito can be prosecuted for bigamy
placed his hand on her left hip and gently
for his subsequent marriage with Anabelle
massaged it. She screamed and shouted for
ALTERNATIVE ANSWER: even though his marriage with Ramona was
help. Eduardo was
The designation arrested
of the crimeandas charged
acts of an absolute nullity.
with
lasciviousness is not correct. ThereIs is the
acts of lasciviousness. no Despite the nullity of the first marriage,
designation
lewd designofexhibited
the crimebycorrect?
Eduardo (5%)
when he Joselito should have filed a case of
placed his hand on the left hip of the victim dissolution of such marriage under Art. 40,
and gently massaging it. The act does not Family Code, before contracting a second
clearly show an exclusively sexual marriage with Anabelle.
motivation. The crime he committed is only Bigamy
unjust vexation for causing annoyance, (2004)
CBP is legally married to OEM. Without
irritation or disturbance to the victim (Art. obtaining a marriage license, CBP
ALTERNATIVE ANSWER: contracted a second marriage to RST. Is
287, Revised Penal Code), not acts of
The crime should be Other Acts of Child SUGGESTED
CBP liableANSWER:
for bigamy? Reason briefly. (5%)
lasciviousness (Art. 336, Revised Penal
Abuse under Section 10 of RA. 7610, par. b Whether CBP could be held liable for
Code).
of Section 3 that refers to child abuse bigamy or not, depends on whether the
committed by any act, deeds or words which second marriage is invalid or valid even
debases, degrades or demeans the intrinsic without a marriage license. Although as a
worth and dignity of a child as a human general rule, marriages solemnized without
being. In relation thereto, Section 10 license are null and void ob initio, there are
provides criminal liability for other acts of marriages exempted from license
child abuse, cruelty or exploitation, or for requirement under Chapter 2, Title 1 of the
other condi
Criminal Law Bar Examination Q & A (1994-2006)
76 of 86
Family Code, such as in Article 27 which is a they are not really the biological parents of
marriage in articulo mortis. If the second said child constitutes the crime of
marriage was valid even without a marriage simulation of birth.
license, then CBP would be liable for C, the unwed mother is criminally liable for
bigamy. "child trafficking", a violation of Article IV,
Otherwise, CBP is not liable for bigamy but Sec. 7 of Rep. Act No. 7610. The law
for Illegal Marriage in Art. 350 for the punishes inter alia the act of buying and
Revised Penal Code, specifically designated ALTERNATIVE
selling of a ANSWER:
child.
as "Marriage contracted against provisions The couple A and B, the unwed mother C,
of laws." and the doctor being all involved in the
simulation of birth of the newborn child,
Bigamy; Prescriptive Period violate Rep. Act No. 7610. Their acts
(1995)
Joe and Marcy were married in Batanes in constitute child trafficking which are
1955. After two years, Joe left Marcy and penalized under Article IV of said law.
settled in Mindanao where he later met and Crimes Against Honor
married Linda on 12 June 1960. The second
marriage was registered in the civil registry Libel
of Davao City three days after its celebration. (2002)
A. A was nominated Secretary of a
On 10 October 1975 Marcy who remained in Department in the Executive Branch of the
Batanes discovered the marriage of Joe to government. His nomination was thereafter
Linda. On 1 March 1976 Marcy filed a submitted to the Commission on
The crime for
complaint of bigamy
bigamyprescribed in fifteen
against Joe. Appointments for confirmation. While the
years computed from the day the crime is Commission was considering the nomination,
discovered by the offended party, the a group of concerned citizens caused to be
authorities or their agents. Joe raised the published in the newspapers a full-page
defense of prescription of the crime, more statement objecting to A's appointment They
than fifteen years having elapsed from the alleged that A was a drug dependent, that he
celebration of the bigamous marriage up to had several mistresses, and that he was
the filing of Marcy's complaint. He corrupt, having accepted bribes or favors
contended that the registration of his second from parties transacting business in his
marriage in the civil registry of Davao City previous office, and therefore he was unfit
was constructive notice to the whole world of for the position to which he had been
the celebration thereof thus binding upon nominated. As a result of the publication, the
SUGGESTED ANSWER:
Marcy.
No. TheHas the crimeperiod
prescriptive of bigamy charged
for the crime of nomination was not confirmed by the
against Joe already prescribed? Discuss fully, SUGGESTED ANSWER:
bigamy is computed from the time the crime Commission
I will acquit theon concerned
Appointments. Theand
citizens official
the
was discovered by the offended party, the sued
newspapers involved, from the crime the
the concerned citizens and of
authorities or their agents. The principle of newspapers
libel, becauseforobviously
libel and theydamages
made the on
constructive notice which ordinarily applies account of his non-confirmation.
denunciation out of a moral or social duty How will
to land or property disputes should not be you
and decide the is
thus there case? (3%) of malice.
absence
applied to the crime of bigamy, as marriage Since A was a candidate for a very important
is not property. Thus when Marcy filed a public position of a Department Secretary, his
complaint for bigamy on 7 March 1976, it moral, mental and physical fitness for the
was well within the reglamentary period as public trust in such position becomes a public
it was barely a few months from the time of concern as the interest of the public is at
Simulation
discoveryofon Birth
10& October
Child Trafficking
1975. (Sermonia vs. stake. It is pursuant to such concern that the
(2002)
A
CA, 233 SCRA 155) A and B, wanted to have
childless couple, denunciation was made; hence, bereft of
a child they could call their own. C, an B. If defamatory imputations are made not
malice.
unwed mother, sold her newborn baby to by publication in the newspapers but by
them. Thereafter, A and B caused their broadcast over the radio, do they constitute
names to be stated in the birth certificate of SUGGESTED
libel? Why? ANSWER:
(2%)
the child as his parents. This was done in Yes, because libel may be committed by
connivance with the doctor who assisted in radio broadcast Article 355 of the Revised
the delivery of C. What are the criminal Penal Code punishes libel committed by
SUGGESTED ANSWER: means, among others, of radio broadcast,
liabilities, if any, of the couple A and B, C
The couple A and B, and the doctor shall be inasmuch as the broadcast made by radio is
and the doctor?
liable for the crime of simulation of birth, public and may be defamatory.
penalized under Article 347 of the Revised Libel
Penal Code, as amended. The act of making (2003)
During a seminar workshop attended by
it appear in the birth certificate of a child government employees from the Bureau of
that the persons named therein are the Customs and the Bureau
parents of the child when
Criminal Law Bar Examination Q & A (1994-2006)
77 of 86
of Internal Revenue, A, the speaker, in the land grabber she imputed to him the
course of his lecture, lamented the fact that commission of crimes.
a great majority of those serving in said
agencies were utterly dishonest and corrupt. Slander
The following morning, the whole group of (1996)
Pia, a bold actress living on top floor of a
employees in the two bureaus who attended plush condominium in Makati City
the seminar, as complainants, filed a sunbathed naked at its penthouse every
criminal complaint against A for uttering Sunday morning. She was unaware that the
what the group claimed to be defamatory business executives holding office at the
statements of the lecturer. In court, A filed a adjoining tall buildings reported to office
motion to quash the information, reciting every Sunday morning and, with the use of
SUGGESTED ANSWER:
fully the grant
above the
facts, on thetoground powerful binoculars, kept on gazing at her
I would motion quash that no
on the
crime were committed. If you were the while she sunbathed. Eventually, her
ground that the facts charged do not
judge, how an
would you resolve the motion? sunbathing became the talk of the town. 1)
constitute offense, since there is no
8% What crime, if any, did Pia commit? Explain,
definite person or persons dishonored. The SUGGESTED ANSWER:
2)
1) What crime,
Pia did if any, did
not commit the business
a crime, The felony
crime of libel or slander, is a crime against
executives commit? Explain.
closest to making Pia criminally liable is
honor such that the person or persons
dishonored must be identifiable even by Grave Scandal, but then such act is not to be
innuendoes: otherwise the crime against considered as highly scandalous and
honor is not committed. Moreover, A was not offensive against decency and good customs.
making a malicious imputation, but merely In the first place, it was not done in a public
stating an opinion; he was delivering a place and within public knowledge or view.
lecture with no malice at all during a As a matter of fact it was discovered by the
seminar workshop. Malice being inherently executives accidentally and they have to use
Libel binoculars to have public and full view of Pia
absent in the utterance, the statement is not
(2005)
In an interview aired on television, Cindee 2) The business
sunbathing executives
in the nude. did not commit
actionable as defamatory.
uttered defamatory statements against any crime. Their acts could not be acts of
Erika, a successful and reputable lasciviousness [as there was no overt lustful
businesswoman. What crime or crimes did act), or slander, as the eventual talk of the
SUGGESTED
Cindee commit?ANSWER:
Explain. (3%) town, resulting from her sunbathing, is not
Cindee committed libel for uttering directly imputed to the business executives,
defamatory remarks tending to cause and besides such topic is not intended to
dishonor or discredit to Erika. Libel can be Slander
defamebyor Deed
putvs.
PiaMaltreatment
to ridicule.
committed in television programs or (1994 )
Distinguish slander by deed from
broadcasts, though it was not specifically maltreatment.
SUGGESTED ANSWER:
mentioned in the article since it was not yet SLANDER BY DEED is a crime committed
in existence then, but is included as "any when a person publicly subjects another to
similar means." Defamatory statements an act intended or calculated to cast
aired on television is similar to radio, dishonor, discredit or contempt upon the
theatrical exhibition or cinematographic latter. Absent the intent to cast dishonor,
Slander
exhibition, which are among the modes for discredit, contempt, or insult to the offended
(1988)
For some time,of bad
the commission libel. blood had and
(Arts. 353 existed
355, party, the crime is only MALTREATMENT
between
RPC) the two families of Maria Razon under Art, 266. par. 3, where, by deed, an
and Judge Gadioma who were neighbors. offender ill-treats another without causing
First, there was a boundary dispute between Slander
injury. vs. Criminal Conversation
them which was still pending in court. (2004)
Distinguish clearly but briefly between oral
Maria's mother also filed an administrative defamation and criminal conversation.
complaint against the judge which was SUGGESTED ANSWER:
however dismissed. The Razons also felt Oral defamation, known as SLANDER, is a
intimidated by the position and alleged malicious imputation of any act, omission,
influence of their neighbor. Fanning fire to condition or circumstance against a person,
the situation was the practice of the done orally in public, tending to cause
Gadiomas of throwing garbage and animal dishonor, discredit, contempt,
excrement into the Razon's premises. In an embarassment or ridicule to the latter. This
SUGGESTED ANSWER:
explosion of anger, is a crime against honor penalized in Art.
Maria committed the Maria
crime ofcalled Judge
slander or 358 of the Revised Penal Code.
Gadioma
slight defamation only because she and
"land grabber", "shameless", was CRIMINAL CONVERSATION. The term is
"hypocrite." What crime
under the influence was committed
of anger. When Maria by used in making a polite reference to sexual
Maria, if any? Explain briefly.
called Judge Gadioma a hypocrite and intercourse as in
Criminal Law Bar Examination Q & A (1994-2006)
78 of 86
certain crimes, like rape, seduction and
adultery. It has no definite concept as a Entrapment vs. Instigation
crime. (1995)
Distinguished entrapment from
Miscellaneous Instigation.
SUGGESTED ANSWER:
In INSTIGATION, the instigator practically
induces the prospective accused into
Corpus Delicti
commission of the offense and himself
(2001)
At a birthday party in Bogo, Cebu, A got
becomes co-principal. In ENTRAPMENT,
intoxicated and started quarrelling with B
ways and means are resorted to for the
and C. At the height of their arguments, A
purpose of trapping and capturing the
left and took a bolo from his house, after
lawbreaker while executing his criminal
which he returned to the party and Instigation (1995) Suspecting that Juan was
plan.
threatened to stab everybody. B got scared a drug pusher, SPO2 Mercado, leader of the
and ran towards the seashore, with A Narcom team, gave Juan a Pl00-bill and
chasing him, B ran up a steep incline along asked him to buy some marijuana cigarettes.
the shore and was cornered on top of a cliff. Desirous of pleasing SPO2 Mercado, Juan
Out of fear, B jumped from the cliff into the went inside the shopping mall while the
sea, A returned to the scene of their officer waited at the corner of the mall. After
confrontation and seeing that nobody was fifteen minutes, Juan returned with ten
there, went home to sleep. The next day, B's sticks of marijuana cigarettes which he gave
wife reported to the police station that her to SPO2 Mercado who thereupon placed
husband had not yet come home. A search Juan under arrest and charged him with
was conducted by the residents of the violation of The Dangerous Drugs Law by
barangay but after almost two days, B or his selling marijuana cigarettes. Is Juan guilty of
body could not be located and his SUGGESTED ANSWER:
any
Juanoffense
cannot punishable
be chargedunder
of anyThe
offense
disappearance continued for the next few Dangerous
days. Based on the testimony of C and other punishable Drugs
under The Act?Dangerous
Discuss fully.
Drugs Act.
guests, who had seen A and B on top of the Although Juan is a suspected drug pusher,
cliff, A wasANSWER:
arrested and charged with he cannot be charged on the basis of a mere
SUGGESTED
Murder. In his suspicion. By providing the money with
The defense of defense, he claimed
A is not tenable. that
"Corpus
since B's body has not to
been which to buy marijuana cigarettes, SPO2
delicti" does not refer the found,
body ofthere
the was
no evidence of "corpus Mercado practically induced and prodded
purported victim whichdelicti'
had notand therefore,
been found.
he should be acquitted. Juan to commit the offense of illegal
Even without the body ofIsthethepurported
defense of A
tenablebeing
or not? State the reason(s) possession of marijuana. Set against the
victim found, the offender canfor
beyour Entrapment vs. Instigation
answer. (5%) facts instigation is a valid defense available
convicted when the facts and circumstances (2003)
Distinguish fully between entrapment and
to Juan.
of a crime, the body of the crime or "corpus instigation in Criminal Law, Exemplify each.
In otheriswords,
delicti" the non-recovery of the body
established. 4%
SUGGESTED ANSWER:
of the victim is not a bar to the prosecution In ENTRAPMENT -
of A for Murder, but the fact of death and 1 the criminal design originates
identity of the victim must be established from and is already in the mind of the
beyond reasonable doubt. lawbreaker even before entrapment;
Corpus Delicti; Definition & Elements 2 the law enforcers resort to ways
(2000)
a) Define "corpus delicti". (2%) b) and means for the purpose of capturing
What are the elements of "corpus the lawbreaker in flagrante delicto- and
delicti"? (3%)
SUGGESTED ANSWER:
3 this circumstance is no bar to
Corpus Delicti literally means "the body or
substance of the crime" or the fact that a prosecution and conviction of the
crime has been committed, but does not lawbreaker.
include the identity of the person who
committed it. (People vs. Pascual 44 OG 2789).
Elements of corpus delicti:
The actual commission by someone of the
particular crime charged. It is a compound
fact made up of two things:
1 The existence of a certain act or result
forming the basis of the criminal charge; and
2 The existence of a criminal agency as the
cause of the act or result
3 The identity of the offender is not a
necessary element of corpus delicti
In INSTIGATION-
1 the idea and design to bring about
the commission of the crime originated
and developed in the mind of the law
enforcers;
2 the law enforcers induce, lure, or
incite a person who is not minded to
commit a crime and would not otherwise
commit it, into committing the crime; and
3 this circumstance absolves the
154. [1990]).
accused from criminal liability (People v.
Dante Marcos, 185 SCRA
Criminal Law Bar Examination Q & A (1994-2006)
79 of 86
Example of Entrapment: Highways and in the discharge of his
A, an anti-narcotic agent of the Government official administrative functions, did then
acted as a poseur buyer of shabu and and there willfully and unlawfully work for
negotiated with B, a suspected drug pusher and facilitate the approval of B's claim for
who is unaware that A is a police officer. A the payment of the price of his land which
then issued marked money to B who handed the government had expropriated, and
a sachet of shabu to B. Thereupon, A after the claim was approved, the accused
signaled his anti-narcotic team to close-in gave B only P1,000.00 of the approved
and arrest B. This is a case of entrapment claim of P5,000 and willfully and
because the criminal mind is in B already unlawfully appropriated for himself the
Example of Instigation:
when A transacted with him. balance of P4,000, thus causing undue
Because the members of an anti-narcotic A injury
has to filed
B anda themotion to quash the
Government."
team are already known to drug pushers. A, information, contending that it does not
the team leader, approached and persuaded charge an offense. Is he correct?
B to act as a buyer of shabu and transact SUGGESTED ANSWER:
with C, the suspected drug pusher. For the Yes, the contention of A is correct. The
C. After CA handed
purpose, the sachet
gave B marked of shabu
money to B
to be used information failed to allege that the undue
and the latter handed
in buying shabu from the marked money to injury to B and the government was caused
C, the team closed-in and placed B and C by the accused's manifest partiality, evident
under arrest. Under the facts, B is not bad faith, or gross Inexcusable negligence,
criminally liable for his participation in the which are necessary elements of the offense
transaction because he was acting only charged, ie., violation of Section 3(e) of the
under instigation by the law enforcers. Anti-Graft and Corrupt Practices Act. The
Special Penal Laws accused is employed in the Office of the
District Engineer of the DPWH which has
Anti-Carnapping Act; Carnapping w/ Homicide nothing to do with the determination and
(1998)
Samuel, a tricycle driver, plied his usual fixing of the price of the land expropriated,
route using a Honda motorcycle with a and for which expropriated land the
sidecar. One evening, Raul rode on the Government is legally obligated to pay. There
sidecar, poked a knife at Samuel and is no allegation in the information that the
instructed him to go near the bridge. Upon land was overpriced or that the payment of
reaching the bridge, Raul alighted from the the amount was disadvantageous to the
motorcycle and suddenly stabbed Samuel Government. It appears that the charge was
several times until he was dead. Raul fled solely based on the accused having followed
SUGGESTED ANSWER:
from the scene taking the motorcycle with up the payment for B's land which the
Raul committed the composite crime of Government has already appropriated, and
him. What crime or crimes did Raul commit?
Carnapping with homicide under Sec. 14 of that the accused
ANSWERS: eventually withheld for
|5%] ALTERNATIVE
Rep. Act No. 6539, as amended, considering himself
1. Yes, Afrom the price
is correct of the
in filing said land,
a motion to the
that the killing "in the course or "on the amounttheofinformation
quash P4,000 for his Section
because services.3(e)No
occasion of a carnapping (People vs. De la violation
of Republic of Section
Act 30193(e) of the
applies Anti-Graft
only and
to officers
Cruz, et al. 183 SCRA 763) . A motorcycle is Corrupt
and Act appears.
employees At most,
of government the accused
corporations
included in the definition of a "motor should bewith
charged merely charged
the grant administratively
of licenses or permits
vehicle" in said Rep. Act, also known as the or other concessions, and not to DPWH,
'Anti-Carnapping Act of 1972'. There is no 2.
whichA isisnot
notcorrect. In the case
a government of Meforda
corporation.
apparent motive for the killing of the tricycle vs. Sandiganbayan. 151 SCRA 399, which
driver but for Raul to be able to take the involves a substantially identical information
ALTERNATIVE ANSWER:
motorcycle. The fact that the tricycle
The crime committed by Raul is carnapping, driver as the Information quoted in the question,
was killed brings about the penalty
punished by Section 14 of Rep. Act No. 6539. of the Supreme Court held that the Information
reclusion
The killingperpetua
of Samuelto death.
is not a separate crime was valid. While it is true that the
but only an aggravating circumstance. information quoted In the question, failed to
allege evident bad faith, gross inexcusable
Anti-Graft & Corrupt Practices - RA 3019 negligence or manifest partiality, said
(1997)
A is charged with the crime defined in Information Is nevertheless adequate
Section 3(e) of the Anti-Graft and Corrupt because it averred the three (3) elements for
Practices Act in an Information that reads: the violation of Section 3(c) of RA. 3012
That from 01 to 30 January 1995, in the City ofwhen it stated (1) that the accused is a public
and within the jurisdiction of this Honorable
Pasig officer at the time of the commission of the
the accused, being then employed in the Office ofcrime, being employed in the Office of the
Court,
District
the Engineer, Department of Public Works District Engineer, DPWH; (2) that the
and accused caused undue Injury to B and the
Government, with the statement that BT the
owner of the land, received only P1,000.00
instead of the full value of P5,000.00; and (3)
Criminal Law Bar Examination Q & A (1994-2006)
80 of 86
that in the discharge of A's official Child Abuse; RA 7610
administrative functions, he "did then and (2006)
Eduardo Quintos, a widower for the past 10
there willfully and unlawfully work for and years, felt that his retirement at the age of
facilitate the approval of his claim xxx and 70 gave him the opportunity to engage in his
"willfully and unlawfully appropriate for favorite pastime voyeurism. If not using
himself the balance of P4,000.00 x x x". An his high-powered binoculars to peep at his
information need not employ or use the very neighbor's homes and domestic activities, his
words or language of the statute. It may also second choice was to follow sweet young
Anti-Hazing
use wordslaworlanguage
RA 8049 of similar import. girls. One day, he trailed a teenage girl up to
(2002) is hazing as defined by law?
What the LRT station at EDSA-Buendia. While
SUGGESTED ANSWER:
(2%) ascending the stairs, he stayed one step
Hazing, as defined by law, is an initiation rite
behind her and in a moment of bravado,
or practice as a prerequisite for admission
placed his hand on her left hip and gently
into membership in a fraternity, sorority or
massaged it. She screamed and shouted for
organization by placing the recruit, neophyte ALTERNATIVE ANSWER:
help. Eduardo
The crime shouldwasbearrested and of
Other Acts charged
Child
or applicant in some embarrassing or
with
Abuse under Section 10 of RA. 7610,Ispar.the
acts of lasciviousness. b
humiliating situations such as forcing him to
designation
of Section of 3 the
thatcrime correct?
refers (5%) abuse
to child
do menial, silly, foolish and similar tasks or
activities or otherwise subjecting him to committed by any act, deeds or words which
physical or psychological suffering or injury. debases, degrades or demeans the intrinsic
What does the law require before worth and dignity of a child as a human
initiation rites may be performed? (3%) being. In relation thereto, Section 10
SUGGESTED ANSWER:
provides criminal liability for other acts of
Section 2 of Rep. Act No. 8049 (Anti-Hazing
child abuse, cruelty or exploitation, or for
Law) requires that before hazing or
other conditions prejudicial to the child's
initiation rites may be performed, notice to
development. The reaction of the victim,
the school authorities or head of
screaming for help upon the occurrence of
organizations shall be given seven (7) days Dangerous Drug Act: Plea-Bargaining
the touching indicates that she perceived
before the conduct of such rites. The written (2005)
Obie Juan was
is being
suspected to or
have in his
(3) days; (b)indicate
the names her dignity debased violated.
notice shall (a) of
thethose to be
period of the possession an unspecified amount of
subjected to such activities,
initiation activities, and (c)three
not exceeding an methamphetamine hydrochloride or shabu.
undertaking that no physical violence shall An entrapment operation was conducted by
be employed by anybody during such police officers, resulting in his arrest
CHILD ABUSE;
initiation RA 7610
rites. following the discovery of 100 grams of the
(2004)
Mrs. MNA was charged of child abuse. It said dangerous drug in his possession. He
appears from the evidence that she failed to was subjected to a drug test and was found
give immediately the required medical positive for the use of marijuana, another
attention to her adopted child, BPO, when he dangerous drug. He was subsequently
was accidentally bumped by her car, charged with two crimes: Violation of
resulting in his head injuries and impaired a) Are 11,the
Section charges
Article II of RAproper?
9165 for the
vision that could lead to night blindness. The SUGGESTED ANSWER:
Explain.
possession of shabu and violation
accused, according to the social worker on No. The use of dangerous drugs is notof
Section 15, Article II of RA 9165
committed when Obie Juan was also foundfor the use
the case, used to whip him when he failed to of marijuana. (5%)
come home on time from school. Also, to to have in his possession such quantity of
punish him for carelessness in washing any dangerous drug. (See s. 11 and 16, RA.
She moved
dishes, she to quash the
sometimes charge
sent him on the
to bed No. 9165)
ground that
without supper. there is no evidence she b) So as not to be sentenced to death,
maltreated her adopted child habitually. She Obie Juan offers to plead guilty to a
added that the accident was caused by her lesser offense. Can he do so? Why?
driver's negligence. She did punish her ward SUGGESTED ANSWER:
No. Obie Juan cannot plead guilty to a lower
for naughtiness or carelessness, but only
SUGGESTED ANSWER: offense as it is prohibited under the law.
mildly. Is her motion meritorious? Reason
No, the motion to quash is not meritorious. (Section 23, RA. No. 9165) Any person
briefly. (5%)
It is not necessary that movant's charged under any provision of this Act
maltreatment of a child be "habitual" to regardless of the imposable penalty shall
constitute child abuse. The wrongful acts not be allowed to avail of the provision on
penalized as "Child Abuse" under Rep. Act Dangerous Drugs
plea-bargaining. Act
No. 7610 refers to the maltreatment of the (1998)
Superintendent Al Santiago, Chief of the
child, "whether habitual or not": this is Narcotics Division, Western Police District,
expressly stated in Sec. 2(b) of the said Law. received information that a certain Lee Lay
Mrs. MNA should be liable for child abuse. of-No. 8 Tindalo Street, Tondo,
Criminal Law Bar Examination Q & A (1994-2006)
81 of 86
Manila is a member of the 14K Gang selling Chief Inspector Gamboa and PO3 Pepito
shabu and marijuana. SPOl Lorenzo and Lorbes who conspired in taking the attache
SPO3 Peralta were instructed to conduct case are liable for the following crimes
surveillance and buy-bust operations against defined under RA. 9165: a) Sec. 27 for
Lay. Their informant contacted Lay and a misappropriation or failure to account for
2:00
meetingin the
wasafternoon
arrangedonatFebruary
T. Pinpin 14, 1993. the confiscated or seized dangerous drugs.
SPO1 Lorenzo
Restaurant at and SPO3 Peralta, acting as b) Sec. 4 in relation to Sec. 3(ee) for their
poseur-buyers, purchased from Lay 10 sticks acts as protector/coddler of Dante Ong who
of marijuana and paid P500. Later, Lay In addition,
imported drugs by allowing Ong to escape
agreed to sell to them one kilo of dried prosecution for illegal importation or illegal
marijuana fruiting tops which he gave them transportation of dangerous drugs, where
at his residence. the penalty is life imprisonment to death,
The policemen arrested Lay and a search they are also liable for qualified bribery
was conducted. Found were 356 grams of under Art. 211-A of the Revised Penal Code.
marijuana seeds, 932 grams of marijuana With respect to Dante Ong, he is guilty of
fruiting tops and 50 sticks of marijuana illegal importation of dangerous drugs under
cigarettes. What offense or offenses did Lay Sec. 4, R.A. 9165, if PR 181 is an
SUGGESTED
commit? [5%] ANSWER: international flight. If PR 181 is a domestic
Lay committed the offenses of illegal selling flight, he is liable for violation of Sec. 5, RA.
of dangerous drugs and illegal possession of 9165 for illegal transportation of dangerous
dangerous drugs which should be made Dangerous
drugs. Drugs Act (6425); Marked Money
subject of separate informations. (2000)
At about 9 o'clock in the morning, a Narcom
The crime of illegal selling of dangerous Group laid a plan to entrap and apprehend
drugs is committed as regards the 10 sticks A, a long suspected drug dealer, through a
of marijuana and as regards the one (1) kilo "buy-bust" operation. At the appointed time,
of dried marijuana fruiting tops, which B.
theA poseur-buyer
marked P100 bill was handed
approached over was
A who to A
should be subject of two (2) separate who
then in turn, gave the poseur-buyer one (1)
with
informations because the acts were tea bag of marijuana leaves. The members of
committed at different times and in different the team, who were then positioned behind
The crime of Illegal possession of dangerous
places. thick leaves, closed in but evidently were not
drugs is committed as regards the marijuana swift enough since A and B were able to run
seeds, marijuana fruiting tops and marijuana away. Two days later, A was arrested in
cigarettes which are not the subject of the connection with another incident. It appears
sale. Another information shall be filed for that during the operations, the police
this. officers were not able to seize the marked
Dangerous Drugs Act
(2006) money but were able to get possession of the
After receiving reliable information that
marijuana tea bag. A was subsequently
Dante Ong, a notorious drug smuggler, was
prosecuted for violation of Section 4, Article
arriving on PAL Flight NO. PR 181, PNP
II of Republic Act No. 6425, otherwise
Chief Inspector Samuel Gamboa formed a SUGGESTED ANSWER:
known
Yes. A canas the Dangerous
be held Drugs
liable. The Act, During
absence of the
group of anti-drug agents. When Ong arrived
the trial, the marked money
marked money will not create a hiatus wasin the
not
at the airport, the group arrested him and
presented. Can A be held liable? Explain.
prosecution's evidence as long as the sale of
seized his attache case. Upon inspection
(2%)
the dangerous drugs is adequately proven
inside the Immigration holding area, the
attache case yielded 5 plastic bags of heroin and the drug subject of the transaction is
weighing 500 grams. Chief Inspector presented before the court. There was a
Gamboa took the attache case and boarded perfected contract of sale of the drug (People
him in an unmarked car driven by PO3 Pepito vs. Ong Co, 245 SCRA 733; People vs.
Dangerous Drugs
Zervoulakos, 241 Act
SCRA(6425);
625). Plea Bargaining
Lorbes. On the way to Camp Crame and upon
(1998)
Edgardo was charged with importation of
nearing White Plains corner EDSA, Chief
prohibited drugs in an information filed with
Inspector Gamboa ordered PO3 Lorbes to
the Regional Trial Court of Kalookan City on
stop the car. They brought out the drugs
June 4, 1994. The offense is punishable by
from the case in the trunk and got 3 plastic
reclusion perpetua to death. Can Edgardo
sacks of heroin. They then told Ong to alight SUGGESTED ANSWER:
avail of plea-bargaining? [2%]
from the car. Ong left with the 2 remaining No, Edgardo cannot avail of plea-bargaining
plastic sacks of heroin. Chief Inspector because the imposable penalty for his
Gamboa advised him to keep silent and go violation of the Dangerous Drugs Act (R.A.
home which the latter did. Unknown to them, No. 6425. as amended) is reclusion perpetua
an NBI team
SUGGESTED of agents had been following
ANSWER: to death. Section 20-A expressly provides
them and witnessed the transaction. They that plea-bargaining shall not be allowed
arrested Chief Inspector Gamboa and PO3 where the imposable
Lorbes. Meanwhile, another NBI team
followed Ong and likewise arrested him. All
of them were later charged. What are their
respective criminal liabilities? (5%)
Criminal Law Bar Examination Q & A (1994-2006)
82 of 86
penalty for the violation of said law is the Comprehensive Dangerous Drugs Act of
reclusion perpetua to death. (Sec. 20-A, 2002, regardless of the imposable penalty.
R.A. No. 6425, as amended).
Dangerous Drugs Act; Consummation of Sale Highway Robbery
(1996)
Pat. Buensuceso, posing as a buyer, (2001)
Police Sgt. Diego Chan, being a member of
approached Ronnie, a suspected drug the Theft and Robbery Division of the
pusher, and offered to buy P300 worth of Western Police District and assigned to the
shabu. Ronnie then left, came back five South Harbor, Manila, was privy to and more
minutes later and handed Pat, Buensuceso or less familiar with the schedules, routes
an aluminum foil containing the shabu. and hours of the movements of container
However, before Pat, Buensuceso was able vans, as well as the mobile police patrols,
to deliver the marked money to Ronnie, the from the pier area to the different export
latter spotted a policeman at a distance, processing zones outside Metro Manila.
whom Ronnie knew to be connected with the From time to time, he gave valuable and
Narcotics Command of the Police. Upon detailed information on these matters to a
seeing the latter, Ronnie ran away but was group interested in those shipments in said
arrested thirty minutes later by other container vans. On several instances, using
policemen who pursued him. Under the
SUGGESTED ANSWER:
the said information as their basis, the gang
circumstances, would you consider
Yes, the sale of prohibited the
drug is already hijacked and pilfered the contents of the
crime of sale of a prohibited drug
consummated although the marked money already vans. Prior to their sale to "fences" in
consummated? Explain.
was not yet delivered. When Ronnie handed Banawe, Quezon City and Bangkal, Makati
the aluminum foil containing the shabu to City, the gang Informs Sgt, Chan who then
Pat. Buensuceso pursuant to their agreed inspects the pilfered goods, makes his
sale, the crime was consummated. Payment choice of the valuable items and disposes of
of the consideration is not an element of them through his own sources or "fences".
requisite of the crime. If ever, the marked When
P .D. 532,theotherwise
highjackers were
known traced
as the on one
Anti-Piracy
money is only evidentiary to strengthen the occasion
and and arrested,
Anti-Highway Robbery Act upon custodial
of 1972. Is
Dangerous
case of theDrugs Act; Criminal Intent to Posses
prosecution. investigation,
the contentionthey implicated
of Sgt. Sgt.
Chan valid andChan and
(2002)
A and his fiancee B were walking in the the fiscalExplain,
tenable? charged(5%)them all, including Sgt.
plaza when they met a group of policemen Chan as ANSWER:
SUGGESTED co-principals. Sgt. Chan, in his
who had earlier been tipped off that A was No, the contention
defense, claimed thatof Sgt.
heChan is not
should notvalid
be
in possession of prohibited drugs. Upon or tenableasbecause
charged by express
a principal provision
but only of
as an
seeing the policemen and sensing that they P .D. 532, Section
accessory 4,fact
after the a person
underwho knowingly
were after him, A handed a sachet and in any manner, aids or protects highway
containing shabu to his fiancee B, telling her robbers/brigands, such as giving them
to hide it in her handbag. The policemen information about the movement of police
saw B placing the sachet inside her officers or acquires or receives property
handbag. If B was unaware that A was a taken by brigands, or who directly or
SUGGESTED ANSWER:
drug user or pusher or that what was inside indirectly abets the commission of highway
No, B will not be criminally liable because
the sachet given to her was shabu, is she robbery/brigandage, shall be considered as
she is unaware that A was a drug user or ALTERNATIVE ANSWER:
nonetheless liable under the Dangerous accomplice of the principal offenders and
pusher or of the content of the sachet No, the contention of Sgt. Chan that he
Drugs Act? (5%) punished in accordance with the rules in the
handed to her by A, and therefore the should be charged only as accessory after
Revised Penal Code.
criminal intent to possess the drug in the fact is not tenable because he was a
violation of the Dangerous Drugs Act is principal participant in the commission of
absent. There would be no basis to impute the crime and in pursuing the criminal
criminal liability to her in the absence of An accessory after the fact involves himself
design.
Dangerous Drugs Act; Plea-Bargaining
animus possidendi. in the commission of a crime only after the
(2004)
MNO, who is 30 years old, was charged as a crime had already been consummated, not
drug pusher under the Comprehensive before, For his criminal participation in the
Dangerous Drugs Act of 2002. During pre- execution of the highjacking of the container
trial, he offered to plead guilty to the lesser vans, Sgt. Chan is a co-principal by
offense concerning use of dangerous drugs. indispensable cooperation.
Should the Judge allow MNO's plea to the Illegal Fishing - PD 704
SUGGESTED ANSWER:
lesser offense? Explain briefly. (5%) (1996)
Upon a laboratory examination of the fish
No, the Judge should not allow MNO's plea seized by the police and agents of the
to a lesser offense, because plea-bargaining Fisheries Commission, it was indubitably
in prosecutions of drug-related cases is no determined that the fish they were selling
longer allowed by Rep. Act No. 9165, were caught with the use of explosives.
Accordingly, the three vendors were
criminally charged with the violation
Criminal Law Bar Examination Q & A (1994-2006)
83 of 86
of Section 33 of P.D. 704 which makes it that he was not in actual possession thereof
unlawful for any person to knowingly at the time he was arrested. Are the
possess, deal in, or sell for profit any fish allegations meritorious? Explain. (3%)
which have been illegally caught. During the SUGGESTED ANSWER:
trial, the three vendors claimed that they A's allegations are not meritorious.
bought the fish from a fishing boat which Ownership is not an essential element of the
they duly identified. The prosecution crime of illegal possession of firearms and
however claimed that the three vendors ammunition. What the law requires is merely
should nevertheless be held liable for the possession, which includes not only actual
offense as they were the ones caught in physical possession but also constructive
possession of the fish illegally caught. On possession where the firearm and explosive
SUGGESTED ANSWER:
the are subject to one's control and
No, basis of the
I would not above
convictfacts, if youfish
the three were the
management. (People us. De Grecia, 233 SCRA
judge, would you convict the three fish
vendors if I were the judge. Mere possession PD 46 & RA 6713 & Indirect Bribery
vendors? Explain. 716; U.S. vs. Juan, 23 Phil. 105: People vs. Soyag,
of such fish without knowledge of the fact (2006)
Commissioner
110 Phil. 565). Marian Torres of the Bureau of
that the same were caught with the use of internal Revenue (BIR) wrote solicitation
explosives does not by itself render the letters addressed to the Filipino-Chinese
seller-possessor criminally liable under P.D. Chamber of Commerce and Industry and to
704. Although the act penalized in said certain CEOs of various multinational
Decree may be a malum prohibitum, the law corporations requesting donations of gifts for
punishes the possession, dealing in or selling her office Christmas party. She used the
of such fish only when "knowingly" done that Bureau's official stationery. The response was
the fish were caught with the use of prompt and overwhelming so much so that
explosives; hence criminal intent is essential. Commissioner Torres' office was
The claim by the fish vendors that they only overcrowded with rice cookers, radio sets,
bought the fish from fishing boats which they freezers, electric stoves and toasters. Her
"duly identified", renders their possession of staff also received several envelopes
such containing cash money for the employees'
Illegal fish innocent
Possession unless the
of Firearms prosecution
RA 8294 SUGGESTED ANSWER:
could prove that they have knowledge that Christmas luncheon.
Yes, Commissioner Torres Has Commissioner
violated the
(1998)
Supposing a public school teacher
explosives were used in catching such fish, Torres committed any impropriety or
following:
participated in a coup d'etat using an irregularity? What laws or decrees did she
and the accused had knowledge thereof. 1. RA. 6713 Code of Conduct and Ethical
unlicensed firearm. What crime or crimes violate? (5%)
SUGGESTED
did he commit?ANSWER:
[2%] Standards for Public Officials and
The public school teacher committed only 2. P.D. 46 when
Employees Making it punishable
he solicited for public
and accept
coup d'etat for his participation therein. His officials and
gifts (Sec. employees to receive, and for
7[d]).
use of an unlicensed firearm is absorbed in private persons to give, gifts on any
the coup d'etat under the new firearms law 3. Indirect
occasion, BriberyChristmas.
including (Art. 211, Revised
(Rep. Act No. 8294). A prosecution for Penal Code) for receiving gifts offered by
illegal possession of firearm under the new reason of office.
law is allowed only if the unlicensed firearm PD 46
was not used in the commission of another (1994)
Gino was appointed Collector of Customs
Illegal
crime. Possession of Firearms & Ammunitions and was assigned at the Ninoy Aquino
(2000)
A has long been wanted by the police International Airport, Gerry, an importer,
authorities for various crimes committed by hosted a dinner for 100 persons at the
him. Acting on an information by a tipster, Westin Philippine Plaza in honor of Gino.
the police proceeded to an apartment where What are the offense or offenses committed
SUGGESTED
by Gino and ANSWER:
Gerry?
A was often seen. The tipster also warned
Both Gino and Gerry are liable for violation
the policemen that A was always armed. At
of Presidential Decree No. 46, which
the given address, a lady who introduced
punishes any public official or employee who
herself as the elder sister of A, opened the
receives, directly or indirectly, and for
door and let the policemen in inside, the
private persons who give, offer any gift,
team found A sleeping on the floor.
present or valuable thing on any occasion,
Immediately beside him was a clutch bag
including Christmas, when such gift or
which, when opened, contained a .38 caliber
valuable thing is given by reason of his
paltik revolver and a hand grenade. After
official position, regardless of whether or not
verification, the authorities discovered that A
the same is for past favor or favors, or the
was not a licensed holder of the .38 caliber
giver hopes or expects to receive a favor or
paltik revolver. As for the hand grenade, it
better treatment in the future. Being an
was established that only military personnel
importer, Gerry reasonably expects future
are authorized to carry hand grenades.
favor from Gino. Included within the
Subsequently, A was charged with the crime
prohibition is the throwing of parties or
of Illegal Possession of Firearms and
entertainment in honor of the official or
Ammunition. During trial, A maintained that
employee or of his immediate relatives.
the bag containing the unlicensed firearm
and hand grenade belonged to A, his friend,
and
Criminal Law Bar Examination Q & A (1994-2006)
84
of
86
as property which involves or relates to the proceeds of an
PD 46 unlawful activity such as jueteng. In addition, he may be
prosecuted for liability as ajueteng operator. (R.A. No. 9287)
(1997)
A, who is the private complainant in a
murder case pending before a Regional Trial
Court Judge, gave a judge a Christmas gift,
consisting of big basket of assorted canned The mayor who allowed the opening of an
goods and bottles of expensive wines, easily account in his name is likewise guilty for
worth P10.000.00. The judge accepted the violation of the AMLA. He, knowing that the
gift knowing it came from A. What crime or money instrument or property involves the
SUGGESTED ANSWER: proceeds of an unlawful activity, performs
crimes, if any, were committed?
The Judge committed the crime of Indirect or fails to perform any act which results in
bribery under Art. 211 of the Revised Penal the facilitation of money laundering.
Code. The gift was offered to the Judge by Ra 3019; Preventive Suspension
reason of his office. In addition, the Judge (1999)
A public officer was accused before the
will be liable for the violation of P.D. 46 Sandiganbayan of a violation of Section 3 (e)
which punishes the receiving of gifts by of RA No. 3019, the Anti-Graft and Corrupt
pubic officials and employees on occasions Practices Act. Just after arraignment and
Plunder under RA 7080; Prescriptive Period
like Christmas. even before evidence was presented, the
(1993)
Through kickbacks, percentages or Sandiganbayan issued an order for his
commissions and other fraudulent suspension pendente lite. The accused
schemes /conveyances and taking advantage questioned the said Order contending that it
of his position, Andy, a former mayor of a is violative of the constitutional provision
suburban town, acquired assets amounting (c) Whatanpre-conditions
against ex post facto are
law.necessary to be
Will you sustain
to P10 billion which is grossly met or satisfied before preventive
the objection of the accused? Why? [2%]
disproportionate to his lawful income. Due to suspension may be ordered? (2%)
his influence and connections and despite SUGGESTED ANSWER:
(20) years from
knowledge by the hisauthorities
defeat in the lastIll-gotten
of his (b) No, I will not sustain the objection of
elections he participated in.
wealth, he was charged with the crime 1) May Andyof the accused. Suspension of the accused
still be held criminally
plunder only after twenty liable? Why? 2) Can pendente lite is not violative of the
the State still recover the properties and constitutional provision against ex-post
assets that he illegally acquired, the bulk of facto law. Ex-post facto law means making
which is in the name of his wife and (c) The pre-conditions
an innocent act a crimenecessary
before it to be met or
is made
SUGGESTED ANSWER: out.
children? Reason satisfied before a suspension may be ordered
punishable.
1) Andy will not be criminally liable because are: (1) there must be proper notice
Section 6 of RA 7080 provides that the requiring the accused to show cause at a
crime punishable under this Act shall specific date of hearing why he should not be
prescribe in twenty years and the problem ordered suspended from office pursuant to
asked whether Andy can still be charged RA 3019, as amended; and (2) there must be
with the crime of plunder after 20 years. a determination of a valid information
2) Yes, because Section 6 provides that
against the accused that warrants his
recovery of properties unlawfully acquired
suspension.
by public officers from them or their
nominees or transferees shall not be barred
by prescription, laches or estoppel.
R.A. No. 9160 Anti-Money Laundering Act
(2005)
Don Gabito, a philanthropist, offered to fund
several projects of the Mayor. He opened an
account in the Mayors name and regularly
deposited various amounts ranging from
P500,000.00 to P1 Million. From this
account, the Mayor withdrew and used the
money for constructing feeder roads,
barangay clinics, repairing schools and for
all other municipal projects. It was
subsequently discovered that Don Gabito
was actually a jueteng operator and the
amounts he deposited were proceeds from
SUGGESTED ANSWER:
his jueteng
Don Gabito operations.
violated the Anti-MoneyWhat crime/s
Laundering were
Act (Sec. 4,
committed?
R.A. No. 9160) forWho aretransacting
knowingly criminally liable?
money
Explain. (6%)
RA 3019; Preventive Suspension
(2000)
A month after the arraignment of Brad Kit
Commissioner of the Housing and Land Use
Regulatory Board, who was charged with
violation of Section 3 (h) of Republic Act
3019 [Anti-Graft and Corrupt Practices Act)
before the Sandiganbayan, the Office of the
Special Prosecutor filed a Motion to Suspend
Accused Pendente Lite pursuant to Section
13 of the Anti-Graft Law. The Court granted
the motion and suspended accused Brad Kit
for a period of 90 days. Accused assailed the
constitutional validity of the suspension order
on the ground that it partakes of a penalty
before Judgment of conviction is reached and
is thus violative of his constitutional right to
be presumed
SUGGESTED innocent. He also claimed that
ANSWER:
this suspension
The provision order
of thedoeslawnotonpartake
suspension
of a
pendenteand
penalty lite is
applies
thus only to electiveofofficials
not violative Brad
and not
Kit's to appointed
constitutional ones
right to like him. Rule with
reasons. (5%)
Criminal Law Bar Examination Q & A (1994-2006)
85 of 86
be presumed innocent. Under the law, the President had taken his oath and assumed
accused public officers shall be suspended his office, he appointed Robert as Honorary
from office while the criminal prosecution is Consul to the Republic of Vietnam. Robert
pending in court (Sec. 13, RA. 3019). Such took his oath before the President and after
preventive suspension is mandatory to furnishing the Department of Foreign Affairs
prevent the accused from hampering the with his appointment papers, flew to Saigon,
normal course of the investigation (Rios vs. now Ho Chi Min City, where he organized his
Sandiganbayan,279 SCRA 581 (1997); Bunye staff, put up an office and stayed there for
vs. Escareal 226 SCRA 332 (1993)). Neither three months attending to trade
is there merit in Brad Kit's claim that the opportunities and relations with local
provision on suspension pendente lite applies businessman. On the fourth month, he
only to elective officials and not to appointed returned to the Philippines to make his
ones like him. It applies to all public officials report to the President. However, the Anti-
Indicted upon a valid information under RA. Graft League of the Philippines filed a
No. 3019, whether they be appointive or complaint against Robert for (1) falling to file
elective officials; or permanent or temporary his Statement of Assets and Liabilities within
employees,
RA 3019; PublicorOfficer
pertaining to the career or thirty (30) days from assumption of office;
noncareer
(2003) service
The Central Bank (Bangko (SegoviaSentral
vs. ng (2) failing to resign from his businesses, and
Sandiganbayan,
Pilipinas}, by a resolution of the[1998]).
288 SCRA 328 monetary (3) falling ANSWER:
SUGGESTED to divest his shares and
board, hires Theof Sto Tomas, a retired investments
The complaint in will
the banks and corporations
not prosper because the
manager of a leading bank as a consultant. owned
Code ofby him, asand
Conduct required
Ethical byStandards
the Code offor
Theof later receives a valuable gift from a Conduct and Ethical
Public Officials Standards (Rep.
and Employees for Public
Act.
bank under investigation by the Central Officials
No. 6713), and Employees.
expressly Will the
exempts thosecomplaint
who
Bank. May Theof be prosecuted under prosper? Explain. (5%)
serve the Government in an honorary
Republic Act No. 3019 (Anti-Graft and capacity from filing Statements of Assets
SUGGESTED ANSWER:
Corrupt Practices Act) for accepting such a and Liabilities, and from resigning and
No, Theof may not be prosecuted under ALTERNATIVE ANSWER:
divesting themselves of interest from any
gift? Explain. 8% Yes, the complaint will prosper under Sec. 7
Rep. Act 3019, but may be prosecuted for private enterprise (Secs. 8A and 9).
violation of Pres, Decree No. 46, under of the Anti-Graft and Corrupt Practices Act
which such act of receiving a valuable gift is (Rep. Act No. 3019, as amended], which
punished. requires all public officers within 30 days
Although Theof is a "public officer" within from assuming public office to file a true,
the application of the Anti-Graft and Corrupt detailed sworn statement of assets and
Practices Act (RA 3019), yet his act of liabilities. Violations of this law are mala
receiving such gift does not appear to be RA 7438-Economic
prohibita whichSabotage;
admits of Illegal Recruitment
no excuses.
included among the punishable acts under (2004)
RR represented to AA, BB, CC and DD that
Rep. Act 3019 since he is not to intervene in she could send them to London to work there
his official capacity in the investigation of the as sales ladies and waitresses. She collected
bank which gave the gift. Penal laws must be and received from them various amounts of
ALTERNATIVE ANSWER
strictly construed against the State. In any money for recruitment and placement fees
Yes, Theof may be prosecuted under Rep. Act totalling P400,000. After their dates of
case, Theof is administratively liable.
3019 because he is a "public officer" within departure were postponed several times, the
the purview of said law, and Theof received four prospects got suspicious and went to
the valuable gift from a bank which is under POEA (Phil. Overseas Employment
investigation by the Central Bank where he Authority). There they found out that RR was
is employed as a "public officer". Receiving not authorized nor licensed to recruit
gift, directly or indirectly by a public officer SUGGESTED ANSWER:
workers
Yes. RRfor employment
is guilty of a graveabroad. They
offense, sought
having
from a party who has a transaction with the refund to no avail. Is RR guilty of any grave
Government is wrong, more so when the gift- engaged in illegal recruitment constituting
offense?
the offenseExplain briefly. sabotage
of economic (5%) which is
giver is under investigation by the
government office to which the public officer punishable with life imprisonment and a fine
Ra 6713; Coverage
is connected. of P100.000.00.
(2001)
Robert Sy, a well known businessman and a ECONOMIC SABOTAGE is an offense
founding member of the Makati Business defined in 38(b) of the Labor Code, as
Club, aside from being a classmate of the amended by Pres. Decree No. 2018, which is
newly-elected President of the Philippines, incurred when the illegal recruitment is
had Investments consisting of shares of carried out in large scale or by a syndicate.
stocks in the Urban Bank, the PNB, the Rural It is in a large scale when there are three or
Bank of Caloocan City and his privately- more aggrieved parties, individually or as a
owned corporation, the RS Builders group. And it is committed by a syndicate
Corporation and Trans-Pacific Air. After the when three or more persons conspire or
Criminal Law Bar Examination Q & A (1994-2006)
86
of
86
cooperate with one another in carrying out
the illegal transaction, scheme or activity.

RA 7610 Child Exploitation


(2006)
Aling Maria received an urgent telephone
call from Junior, her eldest son, asking for
P2,000.00 to complete his semestral tuition
fees preparatory to his final exams in
Commerce. Distressed and disturbed, she
borrowed money from her compadre Mang
Juan with the assurance to pay him within 2
months. Two months lapsed but Aling Maria
failed to settle her obligation. Mang Juan
told Aling Maria that she does not have to
pay the loan if she will allow her youngest
10-year old daughter Annie to work as a
housemaid in his house for 2 months at
1. Was a crime committed by Mang Juan
Pl,000.00 a month. Despite Aling Maria's
when he brought Annie to his house as maid
objection, Mang Juan insisted and brought
for the purpose of repaying her mother's
Annie
SUGGESTED
to his house to work as a maid.
ANSWER:
loan? (2.5%)
Yes. Mang Juan committed the crime of
exploitation of child labor which is
committed by any persons who under the
pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or
person entrusted with the custody of a
minor, shall, against the latter's will, retainh
im in his service (Art. 273, Revised Penal
Code). He can also be liable as an employer
for the employment of a minor below 15 yrs.
2.
old,If under
Aling Sec.
Maria12,herself
Art. 8 was made
of RA. to work
7610.
as a housemaid in Mang Juan's household to
pay her loan, did he commit a crime? (2.5%)
SUGGESTED ANSWER:
Yes. Mang Juan committed the crime of
involuntary servitude for rendering services
under compulsion and payment of debts.
This is committed by any person who, in
order to require or enforce the payment of a
debt, shall compel the debtor to work for
him, against his will, as household servant
or farm laborer (Art. 274, Revised Penal
Code)