Statistical analysis Of 2019 Bar Exam

on Criminal Law
MARLO CAMPANILLA·TUESDAY, NOVEMBER 19, 2019·3 MINUTES
There are 37 questions in Criminal Law Bar exams, with different
score weights.

No principle written by Justice Perla Bernabe

As a rule, the statistical probability of asking questions in the bar

exams involving cases written by the chairman of the bar exam
committee is high. However, there are bar exams where cases
penned the chairman were not used in crafting the questions.

In my honest assessment, there are “no questions” in the 2019

Criminal Law Bar Exam involving the application of principles written
by Justice Perlas Bernabe. Although the chain of custody and three-
witness rule in RA No. 9165, which are involved in the 2019 Bar
Exam, are mentioned in some cases penned by Perlas Bernabe,
these principles are basically being written by other Justices in
several cases involving RA No. 9165.

29% new bar topics

Out of 37 questions in 2019 Bar Exam, there are 11 which deals with
topics untouched by previous bar exams. These new bar exam
topics, which are 29% of the total questions, are as follows: cyber
libel under RA No. 10175, three-witnesses rule under RA No. 10640,
differences of rebellion and terrorism as explained by Lagman vs.
Medeldea, G.R. No. 231658, July 04, 2017, two durations of reclusion
perpetua (40-years and 30-years in case of preventive
imprisonment) under RA No. 7659 and RA No. 10952, 40 years
limitation rule in service of sentences, non-conversion of actual
damage into subsidiary imprisonment, new rule on special
mitigating circumstance under Legrama vs. Sandiganbayan, G.R. No.
178626 July 13, 2012, non-application of exempting circumstance of
relationship under Intestate estate of Gonzales vs. People, G.R. No.
181409, February 11, 2010; limited application of Section 3 (b) of RA
No. 3019 under Soriano, Jr. vs. Sandiganbayan, G.R. No. 65952, July
31, 1984 and People vs. Sandiganbayan, and Justice Secretary
Perez, G.R. No. 188165, December 11, 2013, cyber squatting under
RA No. 10175, and delito continuado principle involving estafa and
violation of BP Blg. 22 as explained in Lim v. People, G.R. No.
143231, October 26, 2001.

Recycled questions
There are several questions asked in previous bar exams, which are
recycled in the 2019 bar exam.

The cases of Ysidoro v. People, G.R. No. 192330, November 14, 2012
on technical malversation, People v. Go Kay, CA, 54 O.G. 2225 on
attempted arson and Ronulo v. People, G.R. No. 182438, July 2, 2014
on usurpation of authority and falsification, Tulfo vs. People, G.R. No.
161032, September 16, 2008 on libel and Pozar v. Court of Appeals,
G.R. No. L-62439, October 23, 1984 and People v. Ng Pek, G.R. No. L-
1895, October 2, 1948 on attempted corruption of public officers are
involved in 2019 Bar Exam. Ysidoro, Go Kay and Ronulo cases were
asked in 2015 bar exam, Tulfo in 2016, and while Pozar and Ng Pek
in 1948, 1952 and 2018 bar exams.

Unjust vexation involving massaging the victim, and direct assault

against teacher and student involved in 2019 Bar Exam were
already asked in 2006 and 2010 bar exams and 2002 and 2013 bar
exams, respectively.

Favorite Bar Exam Topics

The following topics in the 2019 Bar Exam are favorite bar exam
topics: special complex crime of robbery with homicide; mala in se
and mala prohibita, error in personae, aberratio ictus and praeter
intentionem, complex crime of rape through forcible abduction,
collective responsibility rule and detaching from conspiracy rule,
special complex crime of arson with homicide or arson with
qualifying circumstance of resulting death, murder, confession and
surrender, 6-years rule in probation, chain of custody, coverage of
the Islaw, and prescription.

The rule on mutually exclusive remedies of appealing and applying

for probation is a favorite bar topic (1988, 1994, 1993, 1995, 2001,
2003, 2010 and 2013 Bar Exams). However, the answer must be
based on RA No. 10707 as explained in Hernan vs. Hon. Sand. GR
217874, December 5, 2017.

The Convention of the Law of the Sea on crimes committed on board

a foreign vessel in the territorial water of the Philippines such as
Manila Bay (2011 and 2015 Bar Exams) is a favorite bar topic.
However, in 2019 Bar Exam the principle of generality is also
involved since the accused argued that he and the victims are not
nationals of the Philippines.

Basic rules
There are few questions which can be answered by reading the
provisions of RPC such as on habitual delinquency, classification of
felony, complex crime, murder and unlawful aggression.