2020/2021 BAR EXAMINATIONS

CRIMINAL LAW

1. Interviewed for a newspaper, a former beauty queen revealed that when she
was 16 years old, she had her first sexual intercourse with her ex-boyfriend,
who was then 28 years old.

In her narration, she said that she did not know what she was doing and
noted that her ex-boyfriend of a more advanced age misled her to doing what
he wanted. She added that, at certain points during the encounter, she
repeatedly said no but her ex-boyfriend was just too strong for her.

The ex-boyfriend left her shortly thereafter.

Was there a crime committed by the ex-boyfriend? Explain briefly.

Answer:
Yes, under RA 7610 Sec. 5 (b) or the Anti-child Abuse Law punishes a
person who, through coercion, intimidation, or influence, engages in sexual
intercourse or lascivious conduct not only with the child exploited in
prostitution but also with a child subjected to other sexual abuse. In the
instant case, the former beauty queen who was then 16 years old was clearly
influenced into having sexual intercourse with her ex-boyfriend when the latter
misled her into doing what he wanted. She was likewise coerced by her ex-
boyfriend to have sex with him even after she repeatedly say no. The crime
committed by the ex-boyfriend is Sexual Abuse under RA 7610 Sec. 5 (b).
Also, the ex-boyfriend is liable for the crime of Rape under Art. 266-A,
paragraph 1 (a), that is, the offender had carnal knowledge of her through
force and intimidation. At the tender age of 16, the victim was no match for
her ex-boyfriend. The latter sheer force and strength would have easily
overcome any resistance that the victim could have put up.

2. While executing a search warrant, a police officer pocketed and absconded

with the mobile phone of the occupant of the premises being searched. The
mobile phone was not the subject of the search warrant. It was not
enumerated in the order.

Did the police officer commit a crime? Explain briefly.

Answer:
Yes. The Police officer committed two crimes. Under Art. 308 of the RPC the
elements of the theft were all presents, in that he took the mobile phone of the
occupant without his consent and with intent to gain. Intent to gain is
presumed from his unlawful taking of personal property belonging to another
as shown by his act of pocketing and absconding with the said mobile phone.
It is not necessary that there be an actual or real gain or that there be proof
that he derived some benefit from it. It is enough that he was actuated by the
desire or intent to gain. The police officer likewise committed the crime of
Abuse in the Service of Search Warrants Legally Obtained under Art. 129 of
RPC. In this case, all the elements of the said crime are presents, in that (a)
the offender is a public officer or employee; (b) he has legally procured a
search warrant; and (c) he exceeded his authority in executing the same by
his act of taking the mobile phone which not the subject of the search warrant.
In addition, the police officer committed two crimes Theft under Art. 308
Abuse in the Service of Search Warrants Legally Obtained under Art. 129
because of the phrase “In addition to the liability attaching to the offender for
the commission of any other offense” used under Art. 129 of the RPC which
means that the violation in Art. 129 will remain be separate felony despite the
commission of any other offense during the service of the search warrant.
3. The accused in a pending case forcibly snatched the daughter of a judge and
kept her in an undisclosed location. The accused then called to tell the judge
that the daughter would only be released if the judge would acquit the
accused in the pending case.

Did the accused commit a crime with these acts? Explain briefly.

Answer:
Yes. Any private individual who kidnaps or illegally detains a woman, or in
any member deprives her of her liberty, is liable for the crime of Kidnapping
and Serious Illegal Detention under Art. 267 of the RPC. In the instant case,
the act of the accused in forcibly snatching the daughter of a judge and
keeping her in an undisclosed location resulted in the deprivation of her
liberty, an essential element or act which makes the offense of kidnapping.
The purpose of the kidnapping is immaterial when any of the circumstances in
the first (1) paragraph of Art. 267 is present, i.e that the person kidnapped is a
female (woman). Therefore, the accused committed the crime of Kidnapping
and Serious Illegal Detention.

4. One Sunday afternoon, while standing at the corner of C.P. Garcia and
Katipunan Avenues, an off-duty police officer accosted a motorcycle rider and
asked them to alight. The off-duty police officer then inspected the
motorcycle's compartment box.

Pretending that a sachet of shabu was found, the off-duty police officer
demanded PHP1,000.00 in order to prevent an arrest.

Fearful of being incarcerated for life for a crime that was not really committed,
the motorcycle rider readily complied. Unknown to the off-duty police officer, a
surveillance camera caught the entire incident.

Will a charge of robbery prosper against the off-duty police officer? Explain
briefly.

Answer:
Yes. The elements of robbery as defined in Art. 293 of the RPC are the
following: (a) that there is personal property belonging to another; (b) that
there is the unlawful taking of that property; (c) that the taking is with intent to
gain; and (d) that there is violence against or intimidation of persons or force
upon things. In the instant case, there is no question that the 1,000 pesos are
personal property that belongs to the motorcycle rider. Second, there was
unlawful taking of his money by the off-duty police officer because the taking
was without his consent, or, at the very least, his consent was vitiated by his
fear of being arrested for a crime he did not commit. Third, intent to gain is
presumed from the off-duty police officer’s unlawful act of extorting and taking
the money belonging to the motorcycle rider. And fourth, the said police
officer employed intimidation when he threatened to arrest the motorcycle
rider if he would not give his demand. Therefore, the charge of Robbery with
violence against or intimidation or persons will prosper against the off-duty
police officer.

5. To motivate their eight-year-old daughter to study well and have a better

future, her parents resorted to making her kneel on rice spread on the floor,
spanking her with a bamboo stick, or requiring her to stand in the rain for
hours if her grades fell below 80 in any subject.

Did the parents commit a crime? Explain briefly.

Answer:
Yes. The Rules and Regulations on the Reporting and Investigation of Child
Abuse Cases (in relation to Sec. 10a of RA 7610) state that “discipline
 administered by a parent or legal guardian to a child does moderate in degree
and does not constitute cruelty provided it is reasonable physical or
psychological injury as defined herein.” In the instant case, although the
parents could duly disciple their eight-year-old daughter, making her kneel on
rice or spanking her with a bamboo stick, or requiring her to stand in the rain
for hours if her grades well fell below 80 in any subject are unnecessary,
unreasonable and excessive. It constitutes cruelty that debases, degrades, or
demeans the intrinsic worth and dignity of the child as a human being. Thus,
the parents should be held liable for Child Cruelty under RA 7610 Sec. 10(a)
or the Ati-Child Abuse Law.

6. An estranged married couple decided to separate. As part of their amicable

settlement, they agreed to ask their 14-year-old child to choose a parent with
whom to live.

The child chose the mother.

Displeased, the husband ceased providing for the child's tuition and the wife's
support. The husband was a vice president of a highly profitable company.

Did the husband commit any crime? Explain briefly.

Answer:
Yes. Depriving or threatening to deprive the woman or her child of financial
support legally due them for the purpose or effect of controlling or restricting
the woman’s or her child’s movement or conduct constitutes Economic Abuse
under Sec. 5(e) of RA 9262. In the instant case, although the husband was
gainfully employed, he deliberately refused to provide financial support to his
wife and their child after the latter choose to live with his/her mother.
Evidently, the denial of the financial support was designed to subjugate his
wife’s will and control her conduct, in order to pressure her to give up the
custody of the child. Therefore, the husband committed the crime of
Economic Abuse under Sec. 5 of RA 9262.

7. The head of a big company's human resources division copied and shared an
employee's physical and email address, birthdate, civil status, and some
photos with a friend who found the employee attractive.

Did the head of the human resources division commit a crime? Explain briefly.

Answer:
Yes. The Data Privacy Act of 2012 punishes any personal information
controller or personal information controller or personal information processor
or any of its officials, employees, or agents who disclose to a third party
personal information without the consent of the data subject. In the instant
case, the head of the human resources division, as an official in the said
division controls the collection, holding, processing, or use of personal
information to his/her friend without said employee’s consent. This is so
regardless of the motive for sharing personal information. Therefore, the
human resource head division is liable for the crime of Unauthorize
Disclosure under Sec. 32 of DPA.

8. While a person was passing through a construction site for a new Hall of
Justice building, construction workers shouted: "Hoy bakla, halika rito at
haplusin mo "ko!" "Hoy bakla, ang pangit mo!" "Bakla, mukha ka pa ring lalaki
kahit ano'ng gawin mo!"

The person victimized by these remarks asks you: Was a crime committed by
the workers who shouted these statements? Explain briefly.

Answer:
 Yes. Under the Safe Spaces Act, gender-based sexual harassment includes
catcalling, homophobic and sexist slurs, persistent uninvited comments or
gestures on a person’s appearance, and verbal or physical advances which
are unwanted and which threaten one’s sense of personal space. They are
committed in public spaces such as alleys, roads, sidewalks, parks,
government offices, or even in privately-owned places open to the public. In
the instant case, the remarks made by the construction workers were clearly
homophobic, that is, they showed a dislike of or prejudice against gay people.
Such slurs, regardless of the motive of the offender, threaten the gay person’s
sense of personal space which makes the construction workers liable for the
crime of Gender-based Sexual Harassment under spaces Act.

9. During one of their intense operational meetings, the campaign manager of a

presidential candidate openly suggested, "Dapat ipapatay na lang natin ang
mga bumabatikos sa kandidato natin.”

Later, the campaign manager was charged with the crime of Proposal to
Commit Murder.

Can the campaign manager be convicted of the offense charged? Explain

briefly.

Answer:
No, the campaign manager cannot be convicted of the offense charged.
Under Article 8 of the Revised Penal Code, the mere proposal to commit a
felony is punishable only in the cases in which the law specially provides a
penalty therefor. In the instant case, the proposal to commit murder is not
punishable because there is no law that penalizes the same. There is no
crime when there is no law that defines and punishes it.

10. During a Senate hearing in aid of legislation, a Senator's staff member took a
resource person's mobile phone without their consent or knowledge.

While the hearing was ongoing, the staff member read the resource person's
messages contained in the mobile phone and hurriedly wrote notes which
were passed to the Senator.

Thereafter, the staff surreptitiously returned the mobile phone.

The resource person would not have noticed that the mobile phone was taken
had it not been for a TikTok video posted by a journalist who was present
during the hearing. The TikTok video caught the entire act of the Senator's
staff member. The TikTok video even had accompanying music and
narration.

The video became viral.

Can the staff member be liable for Theft of the mobile phone? Explain briefly.

Answer:
Yes, the staff member can be held liable for the Theft of the mobile phone.
Theft is consummated when three elements concur: (a) the actual act of
taking without the use of violence, intimidation, or force upon persons or
things; (b) intent to gain on the part of the taker; and (c) the absence of the
owner’s consent. In the instant case, there was actual taking when the
Senator’s staff member was able to take the resource person’s mobile phone
without using violence, intimidation, or force upon things. The taking was with
the intent to gain because intent to gain is already presumed from the
unlawful taking of personal property belonging to another. His mere use of the
thing which was taken without the owner’s consent constitutes again. It is
immaterial that the staff member, later on, returned the mobile phone to the
owner for the theft had already been consummated.
11. In an act of rage while playing golf, a high-ranking public official hit a caddy
with a golf club at hole number 9 of a golf course. The caddy fell and died
immediately.

The public official called a loyal security guard who did not witness the
incident. The security guard was instructed to put the caddy's lifeless body in
the golf cart and dump it in the nearby lake. The public official wanted to
make it appear that the caddy died of drowning.

The corpus delicti of the crime was discovered. Both the high-ranking public
official and the security guard were charged as co-conspirators for the crime
of Homicide.

Can the security guard be convicted as a principal to the crime of Homicide?

Explain briefly.

Answer:
No, the security guard cannot be convicted as a principal of the crime of
Homicide. There was a neither express nor implied conspiracy. There is no
express conspiracy because the facts do not show that the high-ranking
public official and likewise no implied conspiracy because the security guard
was neither present nor did he participate in the killing of the caddy. The
security guard cannot also be liable as a principal by indispensable
cooperation because his “cooperation” came only after the crime had been
committed. Also, the security guard, however, can be convicted as an
accessory. Having knowledge of the crime, he took part subsequent to its
commission by dumping the cadaver in a nearby lake order to prevent its
discovery.

12. A crime defined in the Revised Penal Code is punishable by arresto menor.

Finding the accused guilty beyond reasonable doubt of the crime, should the
judge apply the Indeterminate Sentence Law? Explain briefly.

Answer:
No, the Judge should not apply the Indeterminate Sentence Law. Section 2 of
the said law provides that the same shall not apply to persons convicted of
offenses whose maximum term of imprisonment does not exceed one year. In
the instant case, the crime for which the accused was found guilty is
punishable by arresto menor which has a duration of only 30 days. Hence,
the Judge cannot apply the Indeterminate Sentence Law.

13. A prisoner who had been convicted, but whose appeal was pending, died due
to complications caused by COVID-19.

Should the prisoner's pending appeal be dismissed as a consequence?

Explain briefly.

Answer:
Yes, the pending appeal should be dismissed. The death of a convict
extinguishes his criminal liability at any stage of the proceeding. The reason is
that, if death occurs, there will be nobody to serve the penalty for the crime.
And since his death occurred before final judgment, his civil liability shall
likewise be extinguished. Therefore, there is no more reason to continue with
the appeal.

14. A person arrested for playing cara y cruz was charged with violation of
Presidential Decree No. 1602 or the Anti-Gambling Law.

The lawyer for the accused argues that the case should be dismissed based
on an exempting circumstance, which is that the accused is poor. The lawyer
 argues that unlike those who gamble in big casinos with astronomical sums of
money, cara y cruz is the accused's only means of entertainment. In addition,
the lawyer explains that gamblers from China, where gambling is illegal, are
even welcomed in the Philippines.

Is the lawyer's argument legally tenable? Explain briefly.

Answer:
No, the lawyer’s argument is not legally tenable. The case cannot be
dismissed on the ground of poverty because the same is not among the
exempting circumstances in Article 12 of the Revised Penal Code. Extreme
poverty may be considered a mitigating circumstance analogous to the
incomplete justifying circumstance of state of necessity under Art. 13 (1) of
the RPC, it may mitigate a crime against property such as theft, but not for a
violation of the Anti-Gambling Law.

15. While attending to an Enhanced Community Quarantine barangay

checkpoint. a barangay tanod confronted a resident for non-essential travel.
Infuriated by the barangay tanod's tone, the resident punched the tanod's
head. The barangay tanod fell, sustained brain hemorrhage, and died as a
result.

Charged with Homicide, the resident denies liability, arguing that there can be
no conviction if there is no intent to cause the barangay tanod's death.

Is the resident's defense tenable? Explain briefly.

Answer:
No, the resident’s defense is not tenable. Art. 4 (1) of the RPC states that
criminal liability shall be incurred by any person committing a felony although
the wrongful act done is different from that the resident intended only to
punch the barangay tanod, he will still be liable for the consequence of his
felonies act, i.e the death of the barangay tanod, even if he had no intention
to commit so grave a wrong as that committed. Therefore, the resident should
still be convicted of Homicide but the mitigating circumstance of praeter
intentionem should be appreciated in his favor.

-END-