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i e t
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R MOCK BAR ESSAY EXAMS
MS

r n
a l ON

t e
n In
INAL
NAL LAW
CRIMINAL

i o Prof
ro Ramel C. Muria
By: Prof.

s
ss 1.
failed to pacify them and so,
l
tercat
o, th
e
catiion betw
There was an altercation
thee verbal
between Jose and Pepe over a right of way. Bystanders
rbal confrontation
c resulted in a fist fight. After 20 minutes,

b
Pepe prevailed over Jose se and was ab a
able to drag him toward his pick-up. He hauled Jose over
the pick-up and droveovee over to the police station. Pepe left Jose and asked the officer on duty

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let Jose go.
o
to arrest the latter
er for
or unjust vexation.
v After writing to blotter the incident, the police officer

A) Discuss whether Pepe committed any crime.

(A)

n
(B) Discuss
Discu whether the police officer committed any crime in releasing Jose.

Suggested
S
auggggest Answer:

h (A) Pepe committed Unlawful Arrest. Under Article 269 of the Revised Penal

C Code, an unlawful arrest is committed by any person who, in any case other than those
Co
authorized by law, or without reasonable ground therefore, shall arrest a person or detain
another for the purpose of delivering him to the proper authorities. In this case, the arrest
made by Pepe and the latter’s delivery to the police station were without any legal or
reasonable ground. Accordingly, he had committed unlawful arrest. (see U.S. vs. Fontanilla,
G.R. No. L-4580, September 7, 1908).

(B) The police officer did not commit any

no legal ground for his detention. It is clear that
a r
y crime in
i releasing Jose considering that
ose was brought
at Jose b
br to the police station without

B
anyone filing any criminal charge against him. Mor Moreover,
Moreo o the facts do not show that he had
committed any crime when Pepe arrested rest d him. Accordingly,
A the police officer could not

s
detain him without incurring criminalinal
al liab
li
liability
ty
y for
f Arbitrary Detention under Article 124 of

e
the Revised Penal Code.

2.
b l
Discusss the P
Principle
rinciple
rinciple of Legality in Criminal Law.

Suggested A
o
Answer:
nswer:

R
n
Principle
The Pr inciplle of Legality in Criminal Law enunciates that there can be no crime
Princip

a
without punishing
out a law pun
pu the conduct or omission. It is better expressed in the principle nullum
crimen,
rim si lege. The principle prohibits the extended application of a penal provision to
men,, nulla sine
sin

h
actss not wi
act within the letter of the law and mandates that in case of doubt in its interpretation or
applicat
application, the same shall be resolved in favor of the accused.

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The principle also
al em
embraces the prohibition on the retroactive
roactive
active applic
application of law and

R
ue or overarch
on the vague overar uct.

r
ct. This impli
overarching statements of punishable conduct. implies that penal statutes

l e
should
ld ope
operate
atee prosp
pr
prospectively and must be clear, unequivocal,
vocal
cal,, and with the required specificity
to inform
orm peo
pe ple
peoplel of the conduct that it seeks to punish.
sh.
h.

a t
n 3. Jorge and Bob were fighting

In
ng when Ha Harr
Harry came with a shotgun. He tried to

o
pa
pacify
p them but to no avail. When Bob b fi
finally
ally
lly notice
notic
noticed Harry, he suddenly grabbed it and shot

i s
Jorge with it. Thereafter, he ran away ay but
b was
bu as not able to take the shotgun because Harry

s e
snatched it from him. Jorge was as brought to t the hospital and confined for a while because of

s l
the injury he sustained in thehe shoulder. H He was discharged later after two days. A criminal

b
case for attempted murder er was
wa filed
filed aga
ag
against Bob. After the prosecution presented its witnesses,
Bob testified on his behalf
ehalf admitting that he had no intent to kill Jorge and thus, he could not
lf admittin

o
be convicted of thee crime
crime charged.
charge Harry also was called to testify for the defense. According
charg
to him, Bob would
ould have taken
tak away his shotgun immediately after he shot Jorge had he not
ta

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snatched the
he gun away frfrom him. He also said that there was no doubt that Bob intentionally

n
shot Jorge shotgun. Is Jorge criminally liable for attempted murder?
rge with the sh

a
Suggested
S ugge
ges
ested Answer:

h No, he is not liable for attempted murder. In this case, no treachery or any qualifying
N

C
circ
circu
circumstance attended the shooting. The facts are clear that the accused and the victim were
in
i a fist fight before the former took the shotgun and shot the latter in his shoulder. Moreover,
considering that the accused shot the victim at close range with the shotgun, he could not
have been mistaken in his aim to injure the latter in his shoulder. Considering this, intent to
kill could not be inferred also from his act. In Etino vs. People, G.R. No. 206632, February 14,
2018, the Supreme Court held that when the accused shot the victim with a shotgun without
aiming at his vital organ, an intent to kill is unlikely. Thu
Thus, said accused could only be held

r
criminally liable for serious physical injuries.

4.
B
State whether dwelling is aggravating a
aggravatin in the following instances. State the

s
reason why.
(A) Divina was raped

e
d in the boarding
ed b house by his landlord who just arrived
from abroad.
(B) The two accused
occupants
(C) A Chinese
ant

b l entered the house and ransacked the belongings of the

cused enter
ente
they were all awakened.
ntss before th

o
hinese was caught trying to slip his slim body inside an opening in an
apartment to kill its occupant.

R
(D)
D)) A former live-in partner killed the victim while sleeping inside the bedroom.
(E)
E) The owner
o
ow of the house was taken from her house by the accused after she

a n called
cal
al him a misfit.

h
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i e t
Suggested An

e
Answer:
swer:
r:
v e
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(A) N Not
ot ag
aggr
aggravating. Both victim and accused resided

r n
eside
sided d in the same dwelling.

l e
(B)
B)) Not
No aaggravating. Dwelling is inherent in ccrime
n the crimrimee of robbery in inhabited
h
ho
house or building.

a ((C) Not aggravating. Dwelling is inherent

t
nherent
herent in crime
c of qualified trespass to

n In
dwelling.
(D) Aggravating. The victim was killed iin her dwelling by an accused who no

o
longer resides in the said
id dwelling.
welling.
welling.

i s
(E) Aggravating. The assault ul sstarted
ssaault ted in the dwelling of the offended party while
rted

s e
her statement is less
ss than
than the
th justification for the accused unlawful entry into

s l
the dwelling.

b
o
5. Isko tabbed Lito who nearly died were it not for timely medical attendance.
o stabbed
Isko eluded arrest
est and went
rest wen to the office of Mayor Benny, his uncle. Mayor Benny told him
to cool down
R
wn for a while. He gave him P50,000.00 and directed him to go to the Visayas while

n
he is trying
ying to ssettle
ettle the case. Isko hid in Cebu until he was arrested two months after the
incident. Mayor Benny criminally liable for helping Isko escape to Cebu?
dent. Is May

a
h
Suggested
Sug
ugg
gge Answer:

C
No. Mayor Benny is not criminally liable in helping Isko to escape since he did not
aabuse his public office as contemplated under Article 19, paragraph 3 of the Revised Penal
Code. Also, the crime which Isko committed is neither treason, murder, or an attempt to take
the life of the Chief Executive. Isko was not also known to be guilty of some other crime.

6. When is a mental illness considered an exeexempting circumstance in a criminal

r
offense? Discuss the different tests to determine whether
hethe an
a accused should be held free of

a
criminal responsibility on account of a mental illness.
llness.
ness.

B
Suggested Answer:

considered as an exempting circumstance

e s
A mental illness per se iss not an exempting
eex
circumstance,
circumstance. In order that it may be
cumstance it must result to the complete deprivation of

b l
intelligence on the part of thee accused in
the least discernment. Mere
ere abnorm
(People v. Honorato Ambal,
mbal,
mbal
abnorma
i the commission of the act or in his acting without
abnormality of his mental faculties does not exclude imputability.
l, G.R. NNo. L-52688, October 17, 1980, 100 SCRA 325).
No

R o To determine
rmine whether
crime, two distinguish
wheth an accused was legally insane during the commission of the
distinguishable tests are used: (a) the test of cognition – whether there was a

n
“complete te deprivation
depri at of intelligence in committing the criminal act” and (b) the test of

a
volition
on – wh
whether there was a “total deprivation of freedom of the will.” Case law shows
common
ommon relireliance on the test of cognition, rather than on the test of volition, and has failed to

h
turn up aany case where an accused is exempted on the sole ground that he was totally deprived

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i e t
e v
of the freedom of the wil
e
will, i.e., without an accompanying “complete complete deprivation
d of

n
intelligence.”” This is ex
expected, since a person’s volition naturally lly reaches out only towards

R
that which is represent

r
represented as desirable by his intelligence, whether
ether that intelligence
int be diseased

l e
or healthy.
lt Establishing
stab the insanity of an accused often n requires oopinion testimony which
may be given b by a witness who is intimately acquainted ted with the accused; has rational basis

a
to conclude that the accused was insane based on
t n his own pperception; or is qualified as an

n In
expert, su
such as a psychiatrist. (see People v. Anacitoo Opuran, G.R. Nos. 147674-75, March 17, 2004,
425 SCRA
S 654)

sio e s
s b l
R o
a n
h
C

a r
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e s
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a n
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