2021 BAR EXAMINATIONS

CRIMINAL LAW

INSTRUCTIONS

1. This Questionnaire contains TWO (2) pages including this page. Check the number of pages and
their proper sequencing. You may write notes on this Questionnaire.

2. This Questionnaire is composed of five (5) questions good only for one (1) hour.

3. Read each question carefully and note the points allocated for each question. In your answers,
follow the sequence and the numbering system used in the Questionnaire. Answer each numbered
question on a separate page; an answer to a sub-question under the same number set may be
written continuously on the same page and succeeding pages until completed.

4. Your answers should demonstrate your ability to analyze the facts, apply the pertinent laws and
jurisprudence, and arrive at sound and logical conclusions. Always support your answers with the
pertinent laws, rules, and/or jurisprudence. A mere "yes" or "no" answer without any corresponding
explanation or discussion may not be given full credit.

5. Marking of your booklets with your name or other identifying signs or symbols extraneous to the
subject matter of the questions may be considered as cheating, and may disqualify you for the
whole examinations.

YOU CAN BRING HOME THE QUESTIONNAIRE.

1.

State the characteristics of criminal law and explain each. (3%) 2

The characteristics of criminal law are as follows:

a. Penal, it provides for a punishment for a crime committed; generality

b. Territorial, penal laws are to be imposed only within the territorial limits of the Philippines;
and
c. Prospective, punishes and provides for a penalty at the time of the commission of the
crime.penal laws shall not be given retroactive effect.

2.

Ando, an Indonesian national who just visited the Philippines, purchased a ticket for a passenger
vessel bound for Hong Kong. While on board the vessel, he saw his mortal enemy Iason, also an
Indonesian national, seated at the back portion of the cabin and who was busy reading a
newspaper. Ando stealthily approached Iason and when he was near him, Ando stabbed and killed
Iason. The vessel is registered in Malaysia. The killing happened just a few moments after the
vessel left the port of Manila. Operatives from the PNP Maritime Command arrested Ando.
Presented for the killing of Iason, Ando contended that he did not incur criminal liability because
both he and the victim were Indonesians. He likewise argued that he could not be prosecuted in
Manila because the vessel is a Malaysian-registered ship. Discuss the merits of Ando's contentions.
(4%)

A. Ando’s first contention is without merit. 2

Under the Revised Penal Code of the Philippines, penal laws are binding upon all people
who live or sojourn in the Philippines.

Here, Ando and Iason’s nationality their nationality may not be used as a defense against for
the prosecution of the crime because penal laws of the Philippines equally applies to all
people who live or sojourn in the Philippines, regardless of their nationality. to aliens who are
sojourning or may be found in the Philippines and they may be prosecuted as such
regardless of their nationality as it is a crime committed against the state.

Hence, Ando’s first contention is without merit and he incurred criminal liability for the killing
of Iason.

B. Ando’s second contention is without merit. 0.5

Under the English French rule, when a crime is committed on board a ship within the
territorial jurisdiction of another state, the crime may be prosecuted in the state where the
crime was committed regardless of the registration of the ship, if it affects national security or
shocks the moral senses of the host state.

Here, the killing was made after a few moments the vessel left the port of manila, which is
still within the territorial jurisdiction of the Philippines. Also, the crime of homicide affects the
national security of the Philippines.

Hence, Ando’s first contention is without merit and he can be prosecuted in the Philippines.

3.

Hubert and Eunice were married in the Philippines. Hubert took graduate studies in New York and
met his former girlfriend Eula. They renewed their friendship and finally decided to get married. The
first wife, Eunice, heard about the marriage and secures a copy of the marriage contract in New
York. Eunice filed a case of Bigamy against Hubert in the Philippines.

a. Will the case prosper? Explain. (4%)

No, the case will not prosper. 2

Under the revised Penal Code, penal laws are territorial in character which is enforceable within
territorial limits.

Here, the crime of Bigamy was committed in New York, which is outside the territorial limits of the
Philippines. Hence, the case will not prosper.

the fact that Hubert is in New York, prosecution for the crime of bigamy may not be enforced outside
the Philippines.

Hence, the case will not prosper.

b. If Eunice gave her consent to the second marriage, what will your answer be? Explain. (3%)

If Eunice gave her consent to the second marriage, my answer would not be the same.

Under our Penal Law, matters relating to status and condition of a person may be given
extraterritorial application.

Here, consenting to a bigamous marriage affects the status and condition of Eunice and
Hubert, thus, regardless of consent to the second marriage by Eunice, the marriage is not
valid.

My answer will be the same. x

Giving consent to the commission of a crime committed beyond the territorial limits of the
Philippines will not confer jurisdiction to our courts.

4.

(a) How are felonies committed? Explain each. (3%)

Crimes Felonies may be committed through either dolo (deceit) or culpa (fault) 1

There is deceit when the act is performed with deliberate intent while there is fault when the act
results from imprudence, negligence, lack of foresight or lack of skill.

(b) Explain/define abberatio ictus, error in personae and praeter intentionem. (3%) 2

Abberatio ictus is one where there is mistake by the blow.

Error in personae is mistake in the identity as regards the intended victim.

Praeter intentionem is one where the resulting felonious act is greater than that intended. Result

so grave a wrong than that committed, the intention is different from the resulting act.

5.

(a) Distinguish between intent from motive. (2%)

Intent is a product of an overt act in the commission of a crime.

Intent is the purpose for using a particular means to achieve the desired result.
Motive is the driving force for the commission of a felony or a crime.

Motive is the moving power which impels one to action for definite result.

Intent is an element of a crimes committed by dolo while motive is an not an element of a crime.

(b) Is motive indicative of criminal intent? Is lack of motive proof of innocence? When is it necessary
to prove motive?

No, motive is not an indication of criminal intent as it only a driving force for the commission of a
crime without having to perform an overact.

No, lack of motive is not a proof of innocence. A crime may be committed even if there was lack of
intent to commit a crime such as in the case of culpa.

It is necessary to prove motive when there is no witness to the crime or when the intention of the
offender is not clear.