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.

What are the limitations upon the power of the Congress to enact penal laws? (5%)

The limitations upon the power of the Congress to enact penal laws are, penal laws must
be prospective in character and may not be applied retrospectively, which proscribes the
enactment of an ex post facto law and Bill of attainder.

The limitations upon the power of the Congress to enact penal laws are the following:

1. The Congress shall not enact an ex post facto law;

2. The Congress shall not enact a bill of attainder;
3. The Congress shall not impose cruel, degrading or inhumane punishment.

2.

(a) Distinguish between ex post facto law and bill of attainder. (3%)

An ex post facto law is a law which criminalizing an act prior to its declaration as a crime,
whereas, a bill of attainder is a law which punishes without the benefit of a trial.

An ex post facto law pertains to the act while a bill of attainder pertains to the individual or
members of a group.

(b) Congress passed a law reviving the Anti-Subversion Law, making it a criminal offense
again for a person to join the Communist Party of the Philippines. Reporma, a former high-
ranking member of the Communist Party, was charged under the new law for his
membership in the Communist Party when he was a student in the 80’s. He now challenges
the charge against him. What objections may he raise? (3%)

I will raise an objection based on the principle of ex post facto law.

The Revised Penal Code Penal Law of the Philippines proscribes the application of ex post
facto law, which is applying the law retrospectively to penalize and provide for a
punishment for an innocent crime previously committed.

Here, the Anti-Subversion Law may not be retrospectively applied for a crime which was
committed by Reporma when he was a student in the 80’s.

Hence, I will raise an objection based on the principle of ex post facto law.

3.

The American Consul accredited to the Philippines while driving his car recklessly and
imprudently along the Roxas Boulevard bumped a pedestrian who was crossing the street
and the latter died as a consequence of his injuries. Prosecuted in court for the crime of
homicide thru reckless imprudence, the Consul claimed diplomatic immunity, alleging he is
not subject to Philippine laws and regulations. Is his defense tenable? Why? (3%)

No. His defense is untenable.

The Supreme Court held the consuls do not enjoy diplomatic immunity from criminal
prosecution.

Here, the American Consul’s defense of diplomatic immunity is untenable.

Under the Revised Penal Code, diplomatic immunity may not be raised as a defense
against prosecution of a crime committed by a consul performing an act not in relation to
his function.

Here, the act of driving recklessly and imprudently by the American consul is not
considered as an act performed in relation to his function.

Hence, his defense is untenable.

4.

(a) Define conspiracy. (3%)

There is conspiracy when two or more person comes to an agreement in a commission of a
crime and decides to commit it.

(b) Distinguish by way of illustration conspiracy as a felony from conspiracy as a manner of

incurring liability in relation to the crimes of rebellion and murder. (5%)

Conspiracy as a felony is punishable only when it is in the consummated stage for crimes in
relation to rebellion and murder.

Conspiracy as a manner of incurring liability in relation to the crimes of rebellion and murder
is punishable when it is in the attempted or frustrated stage. Mere conspiracy to commit
rebellion is punishable as a felony.

Mere conspiracy to commit rebellion is punishable as a felony while mere conspiracy to

commit murder is not punishable.

In case either rebellion or murder is actually committed, conspiracy will only be considered
as a manner of incurring criminal liability.

5.

Ricky was reviewing for the bar exam when the commander of a vigilante group came to
him and showed him a list of five policemen to be liquidated by them for graft and
corruption. He was further asked if any of them is innocent. After going over the list, Ricky
pointed to two of the policemen as honest. Later, the vigilante group liquidated the three
other policemen in the list. The commander of the vigilante group reported the liquidation to
Ricky. Is Ricky criminally liable? Explain. (7%)

No, Ricky is not criminally liable.

Under the RPC Revised Penal Code, there is conspiracy when two or more person comes
to an agreement in the commission of a crime and decides to commit it.

Here, Ricky did commit a crime and have conspired with the commander of the vigilante
group when he was only asked to point out who among the list are innocent. There was no
crime committed.

Here, Ricky’s act of mere vouching for the honesty of the two policemen does not constitute
conspiracy with the commander of the vigilante group.

Hence, Ricky is not criminally liable.