REVIEW GUIDE IN CRIMINAL LAW

By: Dean Gemy Lito L. Festin

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EXERCISES
COMMON TYPES OF BAR QUESTIONS IN CRIMINAL LAW
QUESTION TYPE NO. 1

-WHAT CRIME IS COMMITTED?

-WHAT ARE THE CRIMES COMMITTED?
-IS X LIABLE FOR THE CRIME OF?

ANSWERS MAY BE BASED ON THE FF:

1. ELEMENTS OF A CRIME.
a) RPC (Dolo)
X purchased from Y, owner of a grocery store merchandise,
worth, P500.00. He signed a promissory note for the amount of
P500.00 payable on or before October 30, 2016. On the date of
the maturity of the promissory note, X gave a check with the
bank, the same was dishonored for lack of funds. Is X liable for
estafa?

b) RPC (Culpa)
In the course of funeral procession, a young mourner
who was marching in front of the funeral hearse, momentarily
stopped down to tie her shoelaces which had become untied,
the driver of the hearse, who was driving at 5 miles an hour, was
then looking at the stores by the roadside and did not see her.
He continued to drive on and ran over the girl. When the people

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 around shouted and gestured , he backed up and run over the
girl a second time, killing her.

If you were the parent of the girl-victim, what crime

would you charge, if you think a crime had been committed, and
against whom? Explain your answer briefly.
c) SPL
BAR Q. A and his fiancée B were walking in the plaza when they
met a group of policemen who had been tipped off that A was
in possession of prohibited drugs. Upon seeing the policemen
and sensing that they were after him, A handed a sachet
containing shabu to his fiancée B, telling her to hide it her
handbag. The policemen saw B placing the sachet inside her
handbag.

2. DISTINCTIONS AND SIMILARITIES OF CRIMES:

A. ON CRIMES PUNISHED UNDER THE RPC ONLY.
B.
Ex. Robbery and Theft
BAR Q.
A broke open a window and, without entering the
house, took a wooden chest lying just underneath the window.
He brought out the chest to the yard where he broke it open
and took away contents thereof, all valued at P1,000.00. What
crime did he commit? Reason.

C. ON CRIMES PUNISHED UNDER THE RPC AND THE SPL.

Ex. Arson and Murder
BAR Q.

B set the house of A on fire by way of revenge against the latter.

B did not know that A was inside, A died because of the fire.

What crime or crimes did B commit?

Suppose B knew that A was inside, what crime or crimes did B

commit?

Suppose before setting it on fire, B entered the house and killed

A, then B set the house on fire to hide the body of A, what crime
or crimes did B committee?
Explain your answers.

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3. COMPLEX CRIME.
*Complex crime; elements of a crime; SPL

Ex. Complex Crime of Direct Assault and Murder

BAR Q. [1991]

Two (2) PNP officers, X and Y, on board on motorboat

with Z, a civilian motorman arrested A and B who were in a
banca, for dynamite fishing. The latter's banca was towed
towards the municipality.

On the way, the PNP motorboat was intercepted by a

third banca whose occupants, C, D, and E tried to negotiate for
the release of A and B and their banca. The PNP officers refused
and instead shouted at C, D and E that they are all under arrest.
Thereupon, C D and E simultaneously threw dynamite sticks at
the PNP motorboats.

The first explosion killed X. A and B also reacted by

throwing dynamite at the PNP motorboat, its explosion killed Y
and Z.

What crime or crimes did A, B C, D and E commit?

4. NO CRIME IS COMMITTED BASED ON:

a. Justifying circumstance
b. Exempting circumstance
c. Legal principle:
“Nullem crimen, nulla poena sine lege”. There is no crime when
there is no law punishing the same.

A, B, C and D conspired to overthrow the Philippine

Government. A 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, A, B and C have conspired to overthrow the

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 government. Father Abraham did not report this information
to the proper authorities.

Did father Abraham commit a crime? If so, what crime

was committed? What is his criminal liability?

d. Characteristics of criminal law:

BAR Q.

While his wife was still living, A married C, single in Hongkong.

After living there for a couple of years A and C returned to and
settles in Manila.

Can A be prosecuted for bigamy? Why? In any event, can A be

prosecuted for any other crime? If so, what? How about C?
Explain.

e. Instigation not Entrapment

[BAR] A, a member of the National Bureau of Investigation, was approached by

his compadre, X, regarding the latter's plan to hold-up a nearby bank. A agreed
to lend his car as the get-away car, he also asked his driver, B to drive the car
for X. On the day the crime was to take place, A tipped off the local police. X was
arrested as he pointed a gun at the bank teller demanding cash.

Can X raise the defense of instigation by A? Discuss.

5. STAGES OF EXECUTION

BAR Q.

In the jewelry section of a big department store, Julia snatched a

couple of bracelets and put these in her purse.

At the store's exit, however, she was arrested by the guard after being
radioed by the store personnel who caught the act in the store's CCTV
camera. Is the crime consummated, frustrated, or attempted?

BAR Q.

Sunshine, a beauteous "colegiala" but a shoplifter, went to the Ever

Department Store and proceeded to the women's wear section. The saleslady
was of the impression that she brought to the fitting room three (3) pieces of
swimsuits of different colors.

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 When she came out of the fitting room, she returned only two (2) pieces
to the clothes rack. The saleslady, became suspicious and alerted the store
detective. Sunshine was stopped by the detective before she could leave the
store and brought to the office of the store manager.

The detective and the manager searched her and found her wearing the
third swimsuit under her blouse and pants. Was the theft of the swimsuit
consummated, frustrated or attempted? Explain.

COMMON TYPES OF BAR QUESTIONS IN CRIMINAL LAW

QUESTION TYPE NO. 2

WHAT IS THE PARTICIPATION OF A?

HOW ABOUT B AND C?

ANSWERS WILL BE BASED ON:

PERSONS CRIMINALLY LIABLE UNDER ARTICLES 17,18 AND 19 OF THE
REVISED PENAL CODE.
PRINCIPALS (APPLY THE PRINCIPLE OF CONSPIRACY, IF APPLICABLE),
ACCOMPLICES,
ACCESSORIES

BAR Q.

X, after promising Y to give him P10,000.00 induced the latter (Y) to kill Z, who
at the time was vacationing in an isolated island in the sea which can easily be
reached by a boat. W, who owns the only motor boat in the locality, offered to
transport and actually transported Y to said island. Upon reaching the island, Y
killed Z.

Indicate whether X, Y and W is a principal or accomplice in the commission of a

crime. Reason.

COMMON TYPES OF BAR QUESTIONS IN CRIMINAL LAW

QUESTION TYPE NO. 3

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- IS A CRIMINALLY LIABLE FOR THE DEATH OF X?

ANSWERS WILL BE BASED ON:

ARTICLE 4-HOW CRIMINAL LIABILITY IS INCURRED.

BAR Q. [2004]
A. On his way home from office, ZZ rode in a jeepney. Subsequently, XX boarded
the same jeepney. Upon reaching a secluded spot in QC, XX pulled out a grenade from
his bag and announced a hold-up. He told ZZ to surrender his watch, wallet and
cellphone. Fearing for his life, ZZ jumped out of the vehicle. But as he fell, His head hit
the pavement, causing his instant death.

Is XX liable for ZZ’s death? Explain briefly.

COMMON TYPES OF BAR QUESTIONS IN CRIMINAL LAW

QUESTION TYPE NO. 4
-APPLYING THE INDETERMINATE SENTENCE LAW, WHAT
WILL BE THE PENALTY TO BE IMPOSED?
-AFTER APPRECIATING THE ATTENDING CIRCUMSTANCES,
WHAT WILL BE THE PENALTY TO BE IMPOSED?

ANSWERS WILL BE BASED ON:

1. Disqualifications
2. Rules under the Special Penal Laws
3. Rules under the Revised Penal Code
BAR Q:] Andres is charged with an offense defined by a special law. The penalty prescribed
for the offense is imprisonment of not less than five (5) years but not more than ten (10)
years. Upon arraignment, he entered the plea of guilty. In the imposition of the proper
penalty, should the Indeterminate Sentence Law be applied? If you were the judge trying
the case, what penalty would you impose on Andres?

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 BAR Q. In a conviction for homicide, the trial court appreciated two (2) mitigating
circumstances and one (1) aggravating circumstance. Homicide under Article 249 of the
Revised Penal Code is punishable by reclusion temporal. Applying the Indeterminate
Sentence Law, determine the appropriate penalty to be imposed. Explain.

Will your answer be the same if it is a conviction for illegal possession of drugs under R.A.
9165 (Dangerous Drugs Act of 2002), the prescribed penalty of which is also imprisonment
for a term of twelve (12) years and one (1) day to twenty (20) years? Why or why not?

PROBATION LAW

ANSWERS WILL BE BASED ON:

1. Disqualifications
2. Other codal provisions

3. BAR Q. A, a subdivision developer, was convicted by the RTC of Makati for failure to issue
the subdivision title to a lot buyer despite full payment of the lot, and sentenced to suffer
one year imprisonment. A appealed the decision of the RTC to the Court of Appeals but
his appeal was dismissed. May A still apply for probation? Explain.