SUGGESTED ANSWERS TO THE 207 BAR EXALANATION He QUESTIONS IN COMMERCIAL LAW (Onassis Shipping, inc. (Onassis) operated passenger vessels and car ‘go mucks, and offered its services to the general public. in line ‘and mission to protect the environment, Go-Green Asia (Go-Greer affiliated with Greenpeace, entered into a contract with Onassis whereby Go- Green would operate passenger vessel king certain environ- ‘mental concerns in the area, the M/V’ Dolphin encountered high waves and strong winds caused by 21 the West Philippine Sea. The rough seas led to serious physical injuries to some of the guests abilities of Onassis and Go-Green to the passengers of Explain briefly your answer. 3%) result ofits authority to hire its own crew who will man the vessel bareboat charter effectively converts Onassis from a common carrier to fate carrier (Federal Phoenix Assurance v. Fortune Sea Carrier, Ine. ‘Noveinber 23, 2015). Being a mere lessor and having, igation, Onas- passengers who contracted with Greenpeace. Greenpeace is the one liable to the passengers for the injuries they sus- tained in the course of the navigation. —00000— CRIMINAL LAW Tonito, an 8-year-old boy, was watching a free concert at the Parke with his father Tony, The child stood on ac formers on the stage. Juanito, a 10-year-old boy, wl ‘concert, could not se c performance on the stage beeause Tonito 1 of sight by standing on the chair. Using his ved Tonto to get a good view of the stage. The to the ground. Seeing thi, Tony struck Juanito hhand and caused the boy to ny also wanted to strangle Juat 0, Jay ‘Tony was ‘abuse in violation of See. 10(a), in re- ion to Sec.'3(b\2), of R.A. 7610 (Child Abuse Law) for alleyedly doing an “act by deeds or words which debases, degrades or demeans the intr dignity of @ child as a human being.” ta his defense, Tony con- he fad no intention to maltreat Juanito, much less to degrade his worth and dignity as a human being. (@)Distingu crimes mala in se from crimes mala prol SUGGESTED ANSWER (a) Mata in se and mala prohibita are distinguished as lows: (1) Mala in se are inherently wrong or immorat, while mala prot ‘ita are not inherently wrong; they are only wrong because hibited by law; (2) In mata in se, good defense, while in mala prokibita, good faith is not z defense; (3) Mi circumstances can be appreci ‘mala in se. These circumstances not be appreciated in mala prohibita, unless the special law that punishes them adopts nomenclature of the penalties of the Revised Code; (4) Mata in se are punishable under the Revised Penal Code; laws where the acts punishable therein are wrong by nature. Mala prohibita are punishable under special laws.420 SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION ‘QUESTIONS IN CRIMINAL LAV (©) Was Tony et ible for child abuse under R.A. 7610? [Explain your answer. (3%) SUGGESTED ANSWER nut intent {o debase the ing, or that he \d thereby intended to humiliate or embarrass Juanito. Itappears that 1e aying of and in ange ‘concern for the personal safety of his own the ground due to the shoving by Juanito, Wit tent to debase, degrade or demean the intr worth and dignity of a chi human being that was sp essen crime of child abuse; hence, the erime committed is only slight pl injuries (Bonguton x, Peopie, G.R. No. 169833, March 20, 2013)) () Tony iswan prodded Ametyst, his gitfrie her clothing while they were secretly together in her b n (0 get a positive response from her, he forcibly undressed her. ‘Apprehensive about rousing the attention of the household who did not know of his presence ith minimal strength, but she was really sobbing in a muffled manner, He then undressed himself while blocking the door. Yet, the image of a hapiess and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then sitting alone on 2 sofa in the sala, saw him leave his daughter's room na- ed, Outside the house, the now-cl 0, Am cthyst’s former suitor. Knowing how Allesso had aggressively pursued Am- ethyst, Aliswan fatally stabbed Allesso, liswan immediately wer ferwatds. Upon lear [Amethyst shout what Aligwan had done to hes, fan enraged Amante wanted to teach Aliswan a lesson he would never forget. ‘Amante set out the next day to look for Aliswan in his school. There, Amante ‘SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION 121 ‘QUESTIONS IN CRIMINAL LAV founda young man 10 looked very much like ‘ih nosed yun en nee ene pee, ne taped hs body wit peped tapas eadng RAPE ; TULARAN, Everyone else choo xe eas a school was shocked upon witnessing what Do you agree with the recommendation? Explain your answer. SUGGESTED ANSWER (a) 1 do not agree with the reco mendaton forthe Gling of attempted rape. Intent to have sexual of tercourse isan essential element of ad one ats o have ex with Amethyst (Cra People, caer 208 Bersaminorthat commenced to 20200, December 1,301, Moreover he spontancasty eed fom Geteseinatompted rape Undressing the vc wih lewd design mer ct at of nnn (ae = Sano GH. Ne - No. 166441 le of speciai complex crime, there must ct connection between the components thereof. In this cas, the not directly coanected with the acts of lnsciviousness since ated by personal grudge of Aliswan against Alesso, which has no ink othe rime committed against Amethyst. d122 ‘SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION ‘QUESTIONS IN CRIMINAL LAW (&)__Before the tial court, Aliswan moved thatthe eases should be dismissed because he was entitled to the exempting circumstance of minor- ity. Is his motion correct? Explain your answer. (3%) SUGGESTED ANSWER (b) Since Aliswan’s age is above 15 but below 18, being the ‘win brother of 16 year old Aliswan, the exempting circumstance of mi- nority shall be appreciated in his favor unless it is shown that he acted ‘with discernment. The cases are not dismissible since the prosecution must be first given opportunity to present evidence to establish that Aliswan acted with discernment (© Atwr reciting medica! uiendence fr 10 days, Allo consulted you about fling the proper erinin! complain. against Amano Win eines, any, wil you Sarge Amante With? Explain your answer ow SUGGESTED ANSWER (© In People ». Lasala (G.R. No. L-12141, January 30, 1962) ‘which is similar to this case, the Suprome Court ruled that the crime com- ‘mitted is Less Serious Physical Injuries under Art. 265 of the Revised Penal Code as the medical attendance is for a period of ten (10) days only. Considering, however, that the Less Serious Physical Injuries ‘was inflicted with manifest intent to insult or offend the offended party or under circumstances adding ignominy to the offense, there shall be an ty of fine not execeding PS00 pesos (Art. 265, par. 2). ‘SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION 123 ‘QUESTIONS IN CRIMINAL LAV (@) Answering the criminal complaint fled by Alisto, Amante contended that he had incurred no criminal liability for lack of eriminal intent onhis part, his intended vietim being Aliswan, not listo. What is this defense ‘of Amante, and explain if the same will prosper? (396) SUGGESTED ANSWER @ error in personae. This Aefense is not proper because of Article 4 of the Revised Penal Code, Which provides that a person committing a felony is liable criminally al though the wrongful aet done be aifferent from unlawful intent, ‘Thus, under this provision, Amante is liable for the wrongful act done, and that is child abuse against Alisto, although it differs from the wrongful act intended, and that is abusing Aliswan, m1 Overjoyed by the award to his firm of a multi-billion government contract For the development of an economic and tourism hub in the Province of Blank, Mr. Gangnamn allotted the amount of P100 Million to serve as gifts for certain persons instrumental in his firm's winning the award. He gave 50% of that amount to Governor Datu, the official who had signed the contract With the proper authorization from the Sangguniang Panlalawigan; 25% to Bokal Diva, the Sangguniang Panlalawigan member who nad lobbied for the award of the project in the Sengguniang Panlalawigan; 25% to Mayor Dolor (of the Municipality where the project would be implemented, Governor Datu received his share through his wife, Provincial First Lady Dee, who then de- posited the amount in her personal bank account. Previously, upon faciltaion by the Bokal Diva, Mr. Gangnam con- cluded an agreement with Mayor Dolor for the construction of the Blank Sports Arena worth P800 Million, ‘The project was highly overpriced because itcould be undertaken and completed for not more than P400 Million. For this project, Mayor Dolor received from Mr. Gangnam a gift of PIO Million, while Bokal Diva got P25 Million. Im both instances, Bokal Diva had her gifts deposited in the name of her secretary, Terry, who personally maintained a bank account for Bokal Diva’s share in goverment projects.