06 Alejandria - Criminal Law Bar Q - A

BARQ&A
2009-2019
CRIMINAL LAW
.. ~021 ,~ditipt\<:~
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l:.... , '\ ,, ~- ,) J\
JUDGE MA. ROWENA}/. ALEJANDRIA, LL.M

RTC Judgs, <tatoocan City
Professor at ·
Polytechnic University of the Philippines
University of Caloocan
San Sebastian College~Reco/letos
Criminal Law Bar Lecturer at
Albano Bar Review Center
Philippines Copyright 2021
By
JUDGE MA. ROWENA V. ALEJANDRIA, LL.M

PREFACE
This work covers Bar Questions for the last 10 years
and suggested answers in Criminal Law. This is primarily
ALL RIGHTS RESERVED
intended for all those who desire to have a deeper
No portion of this handbook may be copied or reproduced in understanding of the issues touched by the Philippine Bar
book, pamphlets, outlines or notes, whether printed, typewrit- Examinations and its trend. The usual topics asked and
ten, mimeographed, machine copied, or in any other form, for how to appreciate the question to be able to hit the
sale or distribution, without the written permission/consent of answer. Most often, bar candidates prepare for the bar
the Author. exam, carrying their knowledge but unorganized. The bar
taker knows the answer but they tend to forget to prepare
Any copy of this book without bearing the corresponding how to write down their answers. The suggested answers
Serial Number and original signature of the Author on this contained in this book also suggests to the bar taker to
page, either proceeds from an illegitimate source or is in answer the questions directly to the point. In other words,
possession of one who has no authority to dispose thereof. "iwasan mo mambola." The bar examiners would not
evaluate whether you are good in memorization but they
are interested in your capability to apply these laws to a
given case. You need to be careful in understanding the
/44~£ facts, know what is being asked and anSvVer the question
briefly, clearly and concisely. The examiner has no luxury of
time to entertain your "palabok at mga hanash ". Address
the question and give the justification of your answer
based on your legal knowledge. Be able to use the legal
terms wherever it is appropriate. Do not impress the examiner
No. 104 with your own words or yo,µr "sounds like" answers.
In sum, prepare for the bar in complete package.
Reading is not enough. Learn to deposit and withdraw
ISBN NO. 927-621-02-1485-7 properly and sufficiently. These bar questions and answers
are just your guide. The power of codal provisions and their
applfcation are your keys to open the ·gateway to the
Published and Printed by legal profession.
CENTRAL BOOK SUPPLY, INC. JUDGE MA. ROWENA V. ALEJANDRIA, LL.M

927 Quezon Avenue, Quezon City, Philippines
E-mail: info@central.com.ph
iii
TABLE OF CONTENTS
PAGE
2009 BAR EXAMINATIONS

PARTI
I.·······••.•······~··········•·······················....................... 1
11 .......................................................................... 3
Ill. ........................................................................ 4
IV ............................................................................. 5
·v ............................................................................ 6
VI ........................................................................ 7
VII ....................................................................... 8
VIII ........................................................................ 9·
IX......................................................................... 11
x .......................................................................... 12
PART II
XI ......................................................................... 14
XII ........................................................................ 16
XIII ....................................................................... 17
XIV ...................................................................... 18
xv........................................................................ 19
XVl ...................................................................... 21
XVII ..................................................................... 22
XVlll .................................................................... 24
XIX ...................................................................... 24
V
TABLE Of CONTENTS TABLE Of CONTENTS
2010 BAR EXAMINATIONS 2011 BAR EXAMINATION

CRIMINAL LAW CRIMINAL LAW
PART I SET A ................................................................... 50
l ........................................................................... 26
ll .......................................................................... 27 2012 BAR EXAMINATION
lll ......................................................................... 28
SET A ................................................................... 80
IV ........................................................................ 29
SET B...................................................................... 119
V ......................................................................... 30
1....................1' .............................................................................. 119
VI ........................................................................ 31
11 .......................................................................... 120
VII ....................................................................... 31
Ill ......................................................................... 121
VIII ...................................................................... 32
IV........................................................................ 122
IX ......................................................................... 33
V ......................................................................... 123
. x.......................................................................... 34 VI ........................................................................ 125
Xl ......................................................................... 35
VII ....................................................................... 125
PART II VIII ...................................................................... 126
IX ......................................................................... 128
Xll. ....................................................................... 35 x .......................................................................... 12s
XIII ....................................................................... 37
XIV ...................................................................... 38 2013 BAR EXAMINATION (ESSAY QUESTIONS)
xv ....................................................................... 38
XVI ...................................................................... 39 1....................................................................... ,... 131
XVII ..................................................................... 41 11 .......................................................................... 132
XVIII .................................................................... 43 111 ......................................................................... 133
XIX ...................................................................... 44 IV ........................................................................ 134
xx ....................................................................... 45 V ......................................................................... 134
XXI ...................................................................... 46 VI ........................................................................................... 135
. XXll ..................................................................... 47 VII ............................:.......................................... 136
XXlll .................................................................... 48 VIII ...................................................................... 137
IX......................................................................... 13,~
x.............................................................................. ,........ 139
Xl ......................................................................... 140
vi vii
TABLE Of CONTENTS TABLE Of CONTENTS
(MULTIPLE CHOICE QUESTIONS) 111 ......................................................................... 159

IV........................................................................ 161
L .......................................................................... 142
ll .......................................................................... 142 V......................................................................... 162
Ill. ........................................................................ 143 VI ........................................................................ 162
IV ........................................................................ 143 VII ....................................................................... 163
VIII ...................................................................... 164
V ......................................................................... 143
VI ........................................................................ 144 IX ......................................................................... 166
VII ....................................................................... 144 x.......................................................................... 167
VIII ...................................................................... 145 XI ......................................................................... 168
XII ........................................................................ 168
IX ......................................................................... 145
x.......................................................................... 146 XIII ....................................................................... 169
XI. ........................................ :............................... 146 XIV ...................................................................... 170
XII. ....................................................................... 147
xv....................................................................... 171
XVI. ..................................................................... 172
XIII ....................................................................... 147
XVII ..................................................................... 173
XIV ...................................................................... 148
xv ....................................................................... 149 XVIII .................................................................... 174
XIX ...................................................................... 175
XVI ...................................................................... 150
XVII ..................................................................... 150
xx....................................................................... 175
XXI ...................................................................... 176
XVlll .....................................................................151
XXII .................................................................... 177
XIX ...................................................................... 151
XXIII ........... ,.......................................................... 178
xx ....................................................................... 152
XXIV.................................................................... 179
XXI ...................................................................... 153
XXII ..................................................................... 153 xxv..................................................................... 1a1
XXVI. ................................................................... 182
XXIII .................................................................... 154
XXIV .................................................................... 154
xxv..................................................................... 155
1. .......................................................................... 184
11 .......................................................................... 185
111. ........................................................................ 185
1. .......................................................................... 157 IV........................................................................ 186
ll .......................................................................... 158 V ......................................................................... 187
viii ix
TABLE OF CONTENTS TABLE OF CONTENTS
VI ........................................................................ 189 Xlll ....................................................................... 222

VII ....................................................................... 190 XIV .................................................................;.... 223
VIII ......................;............................................... 192 xv..... ;................................................................. 225
IX......................................................................... 193 XVI ...................................................................... 226
x.......................................................................... 195 XVII. ...............................................................:.... 228
Xl ......................................................................... 196 XVIII ..................................................................... 228
Xll ........................................................................ 197 XIX ....................................................................... 230
Xlll ....................................................................... 198 xx....................................................................... 232
XIV ................................................................ ,..... 200
xv....................................................................... 201 2017 BAR EXAMINATIONS
XVI ......................................................................... 202 l................................................................................ 234
XVll ...................................................................... 203 11 .......................................................................... 226
XVIII .................................................................... 204 lll ......................................................................... 229
XIX . ..................................................................... 205 IV........................................................................ 242
xx ....................................................................... 206 V...................................... ~ .................................. 244
XXI ...................................................................... 207 VI ........................................................................ 246
XXll ..................................................................... 209 VII. ...................................................................... 247
VIII ...................................................................... 249
2016 BAR EXAMINATION IX......................................................................... 251
l. .......................................................................... 210 x.......................................................................... 2s2
ll .......................................................................... 210 XI ••••.•.••.•...•.•• _
........................................................... 254
lll ......................................................................... 211
IV........................................................................ 212 2018 BAR EXAMINATIONS
V .......................................................................... 214 l........................................................................... 256
VI ........................................................................ 214 ll .......................................................................... 258
VII ....................................................................... 216 111: ........................................................................ 259
VIII ...................................................................... 217 IV......................................................................... 261
IX......................................................................... 218 V ......................................................................... 262
x.......................................................................... 219 VI ........................................................................ 264
Xl. ........................................................................ 220 VII. ...................................................................... 265
XII. ....................................................................... 221 Vlll.· ..................................................................... 267
X xi
TABLE OF CONTENTS TABLE OF CONTENTS
IX......................................................................... 268 B.16 ..................................................................... 304

x.......................................................................... 269 B.17 ..................................................................... 305
Xl ......................................................................... 271 B.18 ..................................................................... 306
Xll ........................................................................ 272 B.19 ..................................................................... 307
Xlll ....................................................................... 273 B.20 .........................·.............................................. 309
XIV .............................. :....................................... 274
xv....................................................................... 277 --000-
XVI ....................................................................... 279
XVll ..................................................................... 280
XVIII .................................................................... 283
XIX ....................................................................... 284
2019 BAR EXAMINATION

PART I
A.1 ...................................................................... 286
A.2 . ..................................................................... 288
A.3 .................................. ;................................... 289
A.4 ...................................................................... 290
A.5 ...................................................................... 291
A.6 ......................................................................... 292
A.7 ...................................................................... 293
A.8 ...................................................................... 294
A.9 ...................................................................... 296
A.10 .................................................................... 297
PART 11
B.11 ..................................................................... 298
B.12 ..................................................................... 300
B.13 ..................................................................... 301
B.14 ..................................................................... 302
B.15 ............................ .'........................................ 303
xii xiii
PART I
TRUE or FALSE. Answer TRUE if the statement is

true, or FALSE if the statement is false. Explain your
answer in not more than two (2) sentences. (5%)
1. Amado, convicted of rape but granted an

absolute pardon by the President, and one year
thereafter, convicted 9f homicide, is a recidivist.
ANSWER:
True, Amado is a recidivist, having previously

convicted of a crime of rape which is a crime
against persons under title 8 of the Revised Penal
Code and convicted again for the crime of
homicide which is embraced in the same title of the
code. The fact that he was granted an absolute
pardon by the president erases only his service of
sentence and not the effects of the crime.
2. The creditor who resorts to forced labor of a

child under the pretext of reimbursing himself for
the debt incurred by the child's father commits the
crime of slavery.
ANSWER:
False, the crime committed is a violation of Anti-

Trafficking of Persons Act-. 9208) The purpose of trafficking
2 BAR Q & A 2009-2019 2009 BAR EXAMINATIONS 3
CRIMINAL LAW
is exploitation which includes "exploitation or the pros- ANSWER:

titution of others or other forms of sexual exploitation,
forced labor or services, slavery, servitude or the False, the crime committed is Violatioh of
removal or sale of organs. (People v. Casio, G.R. No. Domicile. Any public officer or employee who, not
211465, December 3, 2014, 744SCRA 113.} being authorized by judicial order, shall enter any
dwelling against the will of the owner thereof, search
3. The use of an unlicensed firearm in homicide paper or other effects found therein without the
is considered a generic aggravating circumstance previous consent of the owner or having surreptitiously
which can be offset by an ordinary mitigating entered said dwelling and being required to leave
circumstance. the premises shall refuse to do so is liable for Violation
of Domicile under Article 128 of the RPC.
ANSWER:
False, when the use of an unlicensed firearm is II

inherent in the commission of a crime such as Homicide,
Antero Makabayan was convicted of the crime
the use of an unlicensed firearm is a special aggra-.
of Rebellion. While serving sentence, he escaped
voting circumstance where the penalty shall be in
from jail. Captured, he was charged with, and con
the maximum.
victed of, Evasion of Service of Sentence. Thereafter,
the President of the Philippines issued an amnesty
4. A person who, on the occasion of a robbery,
proclamation for the offense of Rebellion. Antero
kills a bystander by accident is liable for two applied for and was granted the benefit of the
separate crimes: robbery and reckless imprudence amnesty proclamation.
resulting in homicide.
Antero then filed a petition for habeas corpus,
ANSWER: praying for his immediate release from confinement.
He claims that the amnesty extends to the offense of
False, the crime committed is still Robbery with
Evasion of Service of Sentence. As judge, will you
Homicide because when someone dies, regardless
grant the petition? Discuss fully. (4%)
who the person is and regardless the number of
persons killed on occasion of Robbery, the crime
ANSWER:
committed is Robbery with Homicide.
The petition must be granted because the
5. A policeman who, without a judicial order, sentence that was evaded proceeded from the
enters a private house over the owner's opposition crime of Rebellion which has been obliterated by
is guilty of trespass to dwelling.
CRIMINAL LAW
the grant of amnesty to the offender (Art. 89 RPC). Would your answer be the same if the reason
Since the amnesty erased the criminal complexion for the attack was that when Judge Lorenzo was still
of the act committed by the offender, the evasion a practicing lawyer ten years ago, he prosecuted
of Service of sentence has no more basis. Amnesty Rigoberto and succeeded in sending him to jail for
obliterates, not only the basis of conviction, but also one year? Explain your answer. (3%)
all the legal effects thereof.
ANSWER:
Ill Yes, Rigorberto is guilty of Direct Assault.
Lawyers are considered persons in authority while in
Rigoberto gate-crashed the 71 st birthday party of
the actual performance of their professionai duties.
Judge Lorenzo. Armed with a piece of wood com-
The employment of violence against a practicing
monly known as dos por dos, Rigoberto hit Judge
lawyer while he is in the actual performance of his
Lorenzo on the back, causing the latter's hospita-
duty constitutes the crime of Direct Assault.
lization for 30 days. Upon investigation, it appeared
that Rigoberto had a grudge against Judge Lorenzo
who, two years earlier, had cited Rigoberto In con- IV
tempt and ordered his imprisonment for three (3) days.
Charlie hated his classmate, Brod, because the
Is Rigoberto guilty of Direct Assault? Why or latter was assiduously courting Lily, Charlie's girlfriend.
why not? (3%) Charlie went to a veterinarian and asked for some
poison on the pretext that it would be used to kill a
ANSWER: very sick, old dog. Actually, Charlie intended to use
the poison on Brad.
Yes, Rigoberto is guilty of Direct Assault because
Rigoberto assaulted Judge Lorenzo by reason of his The veterinarian mistakenly gave Charlie a
past performance of official duties. In Direct Assault non-toxic powder which, when mixed with Brad's
under Article 148 of the Revised Penal Code, when food, did not kill Brad.
an offender knows that the one he is assaulting is a
Did Charlie commit any crime? If so, what and
person in authority or his agents while engaged in the
why? If not, why not? (3%)
actual performance of his duties or that he was
assaulted by reason of his past performance of ANSWER:
official duties is guilty of Direct Assault.
Charlie committed an impossible crime of
murder. His act of mixing the non-toxic powder with
CRIMINAL LAW
Brad's food, done with intent to kill, would have What, If any, is the liability of Ruben? Explain.
constituted murder which is a crime against persons, (3%)
had it not been for the employment of a means
which is ineffectual (Art. 4, par. 2, RPC) ANSWER:
Ruben is not criminally liable as his knowledge

Would your answer be the same if Brad proved
of the crime to be committed by Ponciano, without
to be allergic to the powder, and after ingesting it
him actually participating in the crime committed is
with his food, fell ill and was hospitalized for ten (10)
in the preparatory stage which shall not make him
days? Explain. (3%)
a conspirator.
ANSWER:
Woµld your answer be the same if, instead of
Charlie will be liable for Less Physical Injuries. In Freddie, it was Manuel, a relative of Ruben, who
the Revised Penal Code, if the act of the offender was killed by Ponciano using Ruben's gun? Explain.
constitutes some other crimes punishable under the (3%)
Code, he shall be liable for such crime and not for
Impossible crime. Considering Brad suffered allergic ANSWER:
reactions after Chad mixed the non-toxic powder
Yes, the answer would be the same.
to his food, Charlie is liable for Less Serious Physical
Injuries considering further that the injuries sustained
by Brad requires more than 9 days but not more VI
than 30 days of medical attendance.
Baldo killed Conrad in a dork corner, at
midnight, on January 2, 1960. Dominador witnessed
V the entire incident, but he was so scared to tell the
Ponciano borrowed Ruben's gun, saying that he authorities about it.
would use it to kill Freddie. Because Ruben also On January 2, 1970, Dominador, bothered by his
resented Freddie, he readily lent his gun, but told conscience, reported the matter to the police. After
Ponciano: "O, pagkabaril mo kay Freddie, lsauli mo investigation, the police finally arrested Baldo on
kaagad, ha." Later, Ponciano killed Freddie, but January 6, 1980. Charged in court, Baldo claims that
used a knife because he did not want Freddie's the crime he committed had already prescribed.
neighbors to hear the gunshot.
. Is Baldo's contention correct? Explain. (3%)
CRIMINAL LAW
ANSWER: Charina was charged with violation of Section 3

(b) of Republic Act No. 3019, prohibiting any public
No, Baldo's contention is not correct because officer from directly or indirectly requesting or
the crime committed has not yet prescribed. The receiving any gift, present, percentage, or benefit in
prescriptive period of the crime committed com- connection with any contract or transaction x x x
menced to run only after it was report to the police wherein the public officer, in his official capacity, has
on January 2, 1970, not on the date it was clan- to intervene under the law.
destinely committed on January 2, 1960.
While the case was being tried, the Ombudsman
Prescription of crimes commences to run from filed another information against Charina for Indirect
the day of the commission of the crime, if known or Bribery under the Revised Penal Code. Charina
from the day on which the crime is discovered by demurred to the second information, claiming that
the offended party, the authorities or their agents. she can no longer be charged under the Revised
(Art. 91 of the RPC) Penal Code having been charged for the same act
under R.A. 3019.
Considering the murder committed by Baldo is
punishable by reclusion perpetuo to death, it Is Charina correct? Explain. (3%)
prescribes in 20 years in accordance to Article 92 of
the RPC. ANSWER:
Since it was only on January 2, 1970 when the No, Charina is not correct, although the charge
crime was made known to the police authorities, for violation of R.A. 3019 and the charge for Indirect
the crime committed had not yet prescribed as the Bribery (Art. 211, RPC) arose from the same act, the
case can still be filed until January 2, 1990, contrary elements of the violation charged under Rep. Act.
to the claim of Baldo. No. 3019 are not the same as the felony charged for
Indirect Bribery under the RPC. There is no double
VII jeopardy if the two cases shall be filed against her
even if they arose from the same incident.
Charina, Clerk of Court of an RTC Branch, pro-
mised the plaintiff in a case pending before the court · VIII
that she would convince the Presiding Judge to
decide the case In plaintiff's favor. In consideration While Alfredo, Braulio, Ciriaco, and Domingo were
therefor, the plaintiff gave Charina P20,000.00. robbing a bank, policemen arrived. A firefight ensued
between the bank robbers and the responding
policemen, and one of the policemen was killed.
CRIMINAL LAW
What crime or crimes, if any, had been Homicide regardless whom the person killed and
committed? Explain. (3%} regardless of the number killed.
ANSWER:
IX
The crime committed is Robbery with Homicide.
Virgilio, armed with a gun, stopped a van along
Any death arising from the occasion of Robbery
a major thoroughfare in Manila, pointed the gun at
constitutes the crime of Robbery with Homicide
the driver and shouted: "Tlgil! Kidnap Ito!"
regardless whom the person killed and regardless
of the number killed. Terrified, the driver, Juanito, stopped the van and
allowed Virgilio to board. Inside the van were
Suppose it was Alfredo who was killed by the Jeremias, a 6-year-old child, son of a multi-millionaire,
responding policemen, what charges can be filed and Daday, the child's nanny. Virgilio told Juanito to
against Braulio, Ciriaco and Domingo? Explain. (2%) drive to a deserted place, and there, ordered the drive.r
to alight. Before Juanito was allowed to go, Virgilio ins-
ANSWER: tructed him to tell Jeremias' parents that unless they
give a ransom of Pl 0-mlllion within two (2) days, Jeremias
The crime committed is Robbery with Homicide. would be beheaded. Daday was told to remain in
Any death arising from the occasion of Robbery the van and take care of Jeremias until the ransom is
constitutes the crime of Robbery with Homicide paid. Virgilio then drove the van to his safehouse.
regardless whom the person killed and regardless
of the number killed. What crime or crimes, if any, did Virgilio commit?
Explain. (5%)
Suppose in the course of the robbery, before the
policemen arrived, Braulio shot and killed Alfredo ANSWER:
following a heated disagreement on who should carry
Virgilio committed the crime of Kidnapping. Under
the money bags, what would be the criminal liability
Article 267 of the RPC, any private individual who shall
of Braulio, Ciriaco and Domingo? Explain. (2%)
kidnap or detains another or in any other manner
ANSWER:
deprives the latter of his liberty is guilty of Kidnapping. If
kidnapping is committed for the purpose of extorting
The crime committed is still Robbery with ransom either from the victim or from other persons, the
Homicide. Any death arising from the occasion of death penalty shall be imposed.
Robbery constitutes the crime of Robbery with
CRIMINAL LAW
X 2. Willy Committed the crime of Delivery of

Prisoners from Jail (Art. 156, RPC) as a principal by
To secure the release of his brother Willy, a indispensable participation if he was aware of the
detention prisoner, and his cousin Vincent, who is criminal plan of Chito to have them escape from
serving sentence for homicide, Chito asked the RTC prison; if not, he incurs no criminal liability. He
Branch Clerk of Court to issue an Order which cannot be liable for Evasion of Sentence because
would allow the two prisoners to be brought out of he is a mere detention prisoner and not a prisoner
jail. At first, the Clerk refused, but when Chito gave by final judgment.
her PS0,000.00, she consented.
c. Vincent, being a prisoner serving sentence
She then prepared an Orqer requiring the by final judgment, committed the crime of Evasion
appearance in court of Willy and Vincent, ostensibly of Service of Sentence (Art. 157, RPC) for escaping
as witnesses in a pending case. She forged .the during the term of his imprisonment.
judge's signature, and delivered the Order to the jail
warden who, In turn, allowed Willy and Vincent to go d. The Branch Clerk of Court committed the
out of Jail in the company of an armed escort, Edwin. crimes of Direct Bribery {Art. 210, RPC) for accepting
Chito also gave Edwin ?50,000.00 to leave the two the PS0,000.00, in consideration of the Order he issued
inmates unguarded for three minutes and p~ovide to enable the prisoners to get out of jail, Falsification
them with an opportunity to escape. Thus, Willy and of Public Document for forgoing the judge's signature
Vincent were able to escape. on said Order {Art. 171, RPC), Delivery of Prisoners
from Jail (Art. 156, RPC)
What crime or crimes, if any, had been committed
by Chito, Willy, Vincent, the Branch Clerk of Court, e. Edwin, the jail guard who escorted the prisoner
Edwin, and the jail warden? Explain your answer. (5%) in getting out of jail, committed the crimes Infidelity in
the Custody of Prisoners as Edwin is in custody of ~he
ANSWER: prisoners who allowed them to escape and Direct
Bribery tor receiving the P50,000.00 as consideration
1. Chito committed the crimes of Delivery of for leaving the prisoners unguarded and allowin9
Prisoners from Jail (Art. 156, RPC) being a private them the opportunity to escape (Art. 210, RPC);
individual who aided the escape of prisoners Willy
and Vincent, Corruption of Public Officials (Art. 212, f. The jail warden incurs no criminal liability
RPC) for bribing the Branch clerk and Edwin and because there being no showing that he was aware
Falsification of Public Documents, as a principal by of the criminal plan ot Chito and his cohorts.
inducement (Art. 172[1], RPC).
;(
i.

CRJMINAL LAW
PART II 3. In .a prosecution for fencing under P.O. 1612,

it is a complete defense for the accused to prove
XI that he had no knowledge that the goods or
articles found in his possession had been the
TRUE or FALSE. Answer TRUE If the statement is subject of robbery.
true, or FALSE If the statement is false. Explain your
answer in not more than two (2) sentences. (5%) ANSWER:
1. Life imprisonment Is a penalty more favorable False, violation of the Anti-Fencing Law is a mala
to the convict than reclusion perpetua. prohibitum. Hence, good faith is not a defense and
under said law, mere possession of any good, article,
ANSWER: item, object or anything of value which has been the
subject of robbery or thievery shall be prima facie
False, life imprisonment is not more favorable to evidence of fencing. (Sec. 5, P.O. 1612)
the convict because it is a penalty provided for
offenses punishable under Special laws which do 4. In the crime of libel, truth is an absolute
not consider modifying circumstances. Moreover, defense.
Life Imprisonment is without a fixed duration, unlike
the penalty of reclusion perpetua which has a fixed ANSWER:
duration of 40 years.
False, Art. 361 of the RPC provides that in every
2. Voluntary surrender is a mitigating circumstance criminal prosecution for libel, the truth may be
in all acts and omissions punishable under the given in evidence to the court and if it appears
Revised Penal Code. that the matter charges as libelous is true and it
was published with good motives and for justifiable
ANSWER: ends, the defendants shall be acquitted.
False, Under Article 365 of the RPC for Criminal 5. For a person who transacts an instrument
Negligence, the imposition of penalties may be.with- representing the proceeds of a covered unlawful
in the sound discretion of the court without regard to activity to be liable under the Anti-Money Laundering
the rules provided in Art. 64 regarding the application Act {R.A. 9160, as amended), it must be shown that
of mitigating and aggravating circumstance. Hence, he has knowledge of the identities of the culprits
voluntary surrender may be disregarded in the impo- inv<;>lved in the commission of the predicate crimes.
sition of penalty upon the offender.
CRIMINAL LAW
ANSWER: years and one (1) day to twenty (20) years? Why or
why not? (3%)
False, there is nothing in the law which requires
that the accused must know the identities of the ANSWER:
culprits involved in the commission of the predicate
crimes. To establish liability under R.A. 9160, it is No, violations under R.A. 9165 are mala prohibita
sufficient that proceeds of an unlawful activity in which mitigating and aggravating circumstances
were transacted, ·making them appear to have are not appreciated. Special Laws such as R.A. 9165
originated from legitimate sources. do not follow the technical nomenclature of
penalties in the RPC and thus, cannot be divided into
XII periods. Hence, the penalty to be imposed upon the
offender must not be less than twelve ( 12) years and
In a conviction for homicide, the trial court appre-
one (1) day and but not more than twenty (20) years
ciated two (2) mitigating circumstances and one (1) of imprisonment.
aggravating circumstance. Homicide under Article
249 of the Revised Penal Code ls punishable by XIII
reclusion temporal, an imprisonment term of twelve
(12} years and one (1) day to twenty (20) years. Angelo devised a Ponzi Scheme in which 500
Applying the Indeterminate Sentence Law, determine persons were deceived into investing their money
the appropriate penalty to be imposed. Explain. (3%) upon a promise of a capital return of 25%, computed
monthly, and guaranteed by post-dated checks.
ANSWER: During the first two months following the investment,
the investors received their profits, but thereafter,
Under the Indeterminate Sentence Law, the Angelo vanished.
penalty to be imposed upon the offender is· within
the range of prision mayor in any of its period (as may Angelo was charged with 500 counts of estafa
and 2,000 counts of violation of Batas Pambansa {BP)
be determined by the court) up to reclusion tem-
poral in its minimum period as maximum penalty. 22. In his. motion to quash, Angelo contends that he
committed a continued crime, or delito continuado,
hence, he committed only one count of estafa and
Will your answer be the same if it is a conviction
one count of violation of BP 22.
for illegal possession of drugs under R.A. 9165 (Dan-
gerous Drugs Act of 2002), the prescribed penalty of What is delitci continuado? (1%)
which is also imprisonment for a term of twelve (12)
CRIMINAL LAW
Delito continuado is also referred as continuous testing to the time it is received by the custodian for
or continued crime which refers to a series of acts safekeeping to the time it is presented in court to the
when perpetrated in pursuance of a single criminal time it is destroyed. Chain of Custody must be
impulse violating one and the same penal provision observed by the apprehending officers to ensure
committed in the same place and at a same time that the dangerous drugs confiscated is the same
for the same criminal purpose, it is regarded in· law drugs tested in the laboratory and presented in court.
as committing only one crime.
The non-compliance with the procedure in Sec
Is Angelo's c;.ontention tenable? Explain. (4%) 21 of R.A. 9165 does not immediately mean an
acquittal and does not immediately mean that
ANSWER: object be inadmissible in evidence for as long as:
'
No, Angelo is not correct. Each and every tran- 1. There is a justifiable reason for non-compliance
saction entered by him and check issued by Angelo is 2. The integrity and evidentiary value of the dru9s
a separate crime of Estafa and violation of BP 22. have been preserved by the apprehending team.
XIV xv
Following his arrest after a valid buy-bust opera- Joe was 17 years old when he committed
tion, Tommy was convicted of violation of Section 5, homicide in 2005. The crime is punishable by reclusion
Republic Act 9165. On appeal, Tommy questioned the tempordl. After two years in hiding, he was arrested
admissibility of the evidence because the police and appropriately charged in May 2007. Since
officers who conducted the buy-bust operation failed Republic Act 9344 (Juvenile Justice and Welfare Act of
to observe the requisite "chain of custody" of the 2006) was already in effect, Joe moved to avail of the
evidence confiscated and/or seized from him. process of intervention or diversion.
What is the "chain of custody" requirement in What is intervention or diversion? Is Joe entitled
drug offenses? What is its rationale? What is the effect to intervention or diversion? Explain. (3%)
of failure to observe the requirement? {3%)
ANSWER:
ANSWER:
Diversion Program refers to the program that the
The duly marked and recorded authorized child in conflict with the law is required to undergo
movement of dangerous drugs, from the time
confiscated to receipt of the PNP laboratory for
CRIMINA_ LAW
after he/she is found responsible for an offense Suppose Joe was convicted of attempted
without resorting to formal court proceedings. murder with a special aggravating circumstance
and was denied suspension of sentence, would he
Intervention refers to a series of activities which
be eligible for probation under Presidential Decree
are designed to address issues that caused the child
(PD) 968, considering that the death penalty is
to commit an offense. It may take the form of an
imposable for the consummated felony? Explain.
individualized treatment program which may include
(2%)
counseling, skills training, education, and other
activities that will enhance his/her psychological, ANSWER:
emotional and psycho-social well-being.
Yes, Joe is still entitled to the benefits of the With the suspension of the imposition of death
provisions of R.A. 9344 even if he was already 19 years penalty, the penalty shall only be reclusion perpetua.
old at the time that he was charged in May 2007 since Considering further that the crime committed is in the
he was a minor at the time of the commission of the attempted stage, the penalty shall be lowered to 2
crime. There will be a retroactive application of the law degrees lower which is Prision Mayor. Joe is entitled to
because it is favorable to the accused. privilege mitigating circumstance, having committed
the crime when he was still a minor and applying the
Suppose Joe's motion for intervention or diversion Indeterminate sentence law, Joe shall then be
was denied, and he was convicted two (2) years later sentenced with a penalty of within the range of
when Joe was already 21 years old, should the judge Arresto mayor in its minimum up to Prision Correcional
apply the suspension of sentence? Explain. (2%) in its medium period as maximum. The penalty now
qualifies Joe to probation because the penalty is not
ANSWER: more than 6 years.
If said child in conflict with the law has reached XVI

eighteen ( 18) years of age while under suspended
sentence, the court shall determine whether to Roger and Jessie, Municipal Mayor and Trea-
discharge the child in accordance with this Act, to · surer, respectively, of San Rafael, Leyte, caused the
order execution of sentence, or to extend the disbursement of public funds allocated for their local
suspended sentence for a certain specified period development programs for 2008. Records show that
or until the child reaches the maximum age of the amount of P2-mlllion was purportedly used as
twenty-one (21) years. (Sec. 40 of R.A. 9344) financial assistance for a rice production livelihood
project. Upon investigation; however, it was found
that Roger and Jessie falsified the disbursement
CRIMINAL LAW
vouchers and supporting documents in order to What crime or crimes, if any, did Wenceslao
make it appear that qualified recipients who, in fact, commit? Explain. (4%)
are non-existent individuals, received the money.
ANSWER:
Roger and Jessie are charged with malversation
through falsification and violation of Section 3 (e) of The crime committed by Wescenlao against
R.A. 3019 for causing undue injury to the government. Loretta is Rape with Homicide and a separate case
Discuss the propriety of the charges filed against for theft. If on occasion or by reason of the commission
Roger and Jessie. Explain. (4%) of the crime of rape, homicide is committed, a
complex crime shall arise.
ANSWER:
Discuss the applicability of the relevant aggravq-
The charge for violation of R.A.3019 is correct for ting circumstances of dwelling, nocturnity and the use
causing undue injury to the government. Th~ charge of the picklock to enter the room of the victim. (3%)
of malversation through falsification is however not Dwelling is aggravating because the crimes
correct because the falsification of several documents were committed in the property of Loretta's room
were not necessary means to obtain the money that where she enjoys privacy, peace of mind and
were malversed, the falsifications were committed to sanctity of an abode.
cover up or hide the malversation and therefore,
should be separately treated from malversation. The Norturnity or nighttime must also be appreciated
given facts state that Roger and Jessie falsified as it facilitated the commission of the crime and was
disbursement vouchers and supporting documents purposely sought by Wenceslao in committing the crime.
"in order to make it appear" that qualified recipients The use of a picklock to enter the room of the
received the money. victim is not an aggravating circumstance as use of a
picklock is not mentioned in Art. 14 of the Code as an
XVII aggravating circumstance but an element of Robbery
with force upon things under Article 299 of RPC.
Wenceslao and Loretta were staying in the
same boarding house, occupying different rooms. Would your answer to [a] be the same if, d~spite
One late evening, when everyone in the house was the serious stab wounds she sustained, Loretto
asleep, Wenceslao entered Loretta's room with the survived? Explain. (3%)
use of a picklock. Then, with force and violence,
Wenceslao ravished Loretta. After he had satisfied My answer will not be the same as the crime
his lust, Wenceslao stabbed Loretta to death and, committed shall be a separate case for Rape and
before leaving the room, took her jewelry. Attempted Homicide.
CRIMINAL LAW
XVIII Delmo disguised himself as a nurse, entered the ICU,

and saw a man lying on the hospital bed with several
At the Maligaya Disco Club, Leoncio and Evelyn llfe-savlng tubes attached to the body. Delma
were intimately dancing a very seductive dance disconnected ihe tubes and left. Later, the resident
number. While gyrating with their bodies, leoncio physician doing his rounds entered the ICU and, seeing
dipped his private parts in Evelyn's buttocks. Incensed, the disconnected tubes, replaced ihem. The patient
Evelyn protested, but leoncio continued and tightly survived. It turned out that the patient was Larry, as
embraced her. Oscar had been discharged from the hospital earlier.
I
What crime or crimes, .if any, did Leoncio Delmo was charged with frustrated murder,
commit? Explain. (3%) qualified by evident premeditation dnd treachery as
aggravating circumstances. Discuss the propriety of
ANSWER: the charge. (4%) ·
The crime committed by Leoncio is only only ANSWER:
Unjust vexation. Unjust vexation was committed by
Leoncio whose acts caused annoyance and irritation Delmo is liable for the crime of Frustrated Murder
to Evelyn. qualified by Treachery against Larry. The crime is
aggravated by treachery where the victim has no
Would your answer be the same if, even after the means to defend himself. The crime committed is
music had stopped, Leoncio continued to dance likewise in the frustrated stage because Delmo had
dirty, rubbing his private parts on Evelyn's buttocks? already perform all the acts of execution to produce
Explain. (3%) the felony but nevertheless did not produce it due to
some causes independent of the will of the perpe-
ANSWER:
trator, that is a timely medical intervention.
Leoncio committed Acts of Lasciviousness. The Evident premeditation is not to be appreciated
act of Leoncio rubbing his part parts on Evelyn's against Delmo because he planned to kill Oscar
buttocks is with lewd design. and not Larry'. the actual victim.
XIX
Delmo learned ihat his enemy, Oscar, was -NOTHING FOLLOWS-

· confined at the Intensive Care Unit (ICU) of the
Philippine Medical Center. Intending to kill Oscar,
2010 BAR EXAMINATION 27
CRIMINAL LAW
2010 BAR EXAMINATIONS among .those disqualified. There must be a minimum

and maximum period of imprisonment.
CRIMINAL LAW
Same with the TWELVE (12) YEARS and ONE (1)
PART I DAY of reclusion temporal recommended by the
prosecutor. A straight penalty is not a valid sentence
in cases.where the offender is not disqualified.
An agonizing and protrocted trial having come A straight penalty of SIX (6) MONTHS and ONE [1)
to a close, the judge found A guilty beyond rea- DAY of prision correccional raised by the defense is not
sonable doubt of homicide and imposed on him a within the prescribed penalty for Homicide bec;ouse
straight penalty of SIX (6) YEARS and ONE (1) DAY of the offender must be given a sentence of within the
prislon mayor. range of prision mayor in any of its period (within the
The public prosecutor objected to the sentence
discretion of the court) up to Reclusion Temporal in its
on the ground that the proper penalty should have
medium period, there being no modifying circum-
been TWELVE (12) YEARS and ONE (1) DAY of
stance appreciated. SIX (6) MONTHS and ONE (1) DAY
reclusion temporal. of prision correccional is not within that range.
The defense counsel chimed in, contending that II

application of the Indeterminate Sentence Law
should lead to the imposition of a straight penalty of a. What is the crime of qualified bribery? (2%)
SIX (6) MONTHS and ONE (1) DAY of prision correc-
cional only. Who of the three ts on the right track? ANSWER:
Explain. (3%)
Qualified bribery is a crime committed by a
ANSWER: public officer who is entrusted with law enforcement
who, in consideration of any offer, promise, gift or
All of them are incorrect. The straight penalty of offer, refrains from arresting or prosecuting an offender
SIX (6) YEARS and ONE (1) DAY of prision mayor im- who hm committed a crime punishable by reclusion
posed by the judge is an invalid sentence as it is perpetua and/or death (Art. 211-A, RPC)
mandated for the court to apply the indeterminate
sentence law, it appearing that the accused is not b. May a judge be charged and prosecuted for
such felony? How about a public prosecutor? A
police officer? Explain. (5%)
26
28 BAR Q & A 2009-2019 2010 BAR EXAMINATION 29
ANSWER: successively charged with direct bribery under Articl.e

210 of the Revised Penal Code? Explain. (4%) ·
Only public officers who are entrusted with the
enforcement of the law such as the prosecutor and ANSWER:
the police officer may commit the crime of Qualified
Bribery. Hence, the judge cannot be charged and Yes, a public officer _charges under Sec. 3 (b) of
liable for this crime because his. duty is not to enforce Rep. Act 3019 (Anti-Graft and Corrupt Practices Act)
but to interpret the law. may also be charged simultaneously or successively for
the crime of direct bribery under Art. 210 of the Revised
A public prosecutor may be prosecuted for this Penal Code, because two crimes are essentially diffe-
crime in respect of the bribery committed, aside from rent and are penalized under distinct legal philoso-
dereliction of duty committed in violation of Art. 208 phies. Whereas violation of Sec. (b) of R.A. 3019 is a
of the Revised Penal Code, should he refrain from malum prohibitum, the crime under Art. 210 of the
prosecuting an offender who has committed a crime Code is a mala in se.
punishable by reclusion perpetua and/or death in
consideration of any offer, promise, gift or present.
IV
A police officer who refrains from arresting such
offender who committed a crime punishable by Because of the barbarity and hideousness of the
capital punishment may likewise be prosecuted for acts committed by the suspects/respondents in
this felony since he is a public officer entrusted with cutting off their victims' appendages, stuffing their
law enforcement. torsos, legs, body parts into oil drums and bullet-
riddled vehicles and later on burying these oil drums,
vehicles with the use of backhoes and other earth-
Ill
moving machinery, the Commission on Human Rights
May a public officer charged under Section 3(b) (CHR) investigating team recommended to the panel
of Republic Act No. 3019 t'directly or indirectly of public prosecutors that all respondents be
requesting or receiving any gift, present, share, per- charged with violation of the "Heinous Crimes Law."
e:entage or benefit, for himself or for any other person, The prosecution panel agreed with the CH R. As the
in connection with any contract or transaction b~t- Chief Prosecutor tasked with approving the filing of
ween the government and any other party, wherein the Information, how will you pass upon the
the public officer in his official capacity has to recommendation? Explain. (5%)
intervene under the law"] also be simultaneously or
ANSWER: subjects of the crime of Robbery or theft. Under PD

1612, mere possession of any item which is a proceed
The CHR is correct in describing the crimes of the crime of Robbery of Theft shall be liable for
committed as "heinous crimes", as defined in the violating the sdid act.
"Heinous Crimes Law" (R.A. 7659), despite the passage
of R.A. 9346 prohibiting the imposition of the death
VI
penalty. The heinous crimes committed shall be
prosecuted under the Revised Penal Code as ·they There being probable cause to believe that
are respectively defined and penalized as an aggra- certain deposits and investments in a bank are
vating circumstance. The crime shall be penalized by related to an unlawful activity of smuggling by
reclusion perpetua. Alessandro as defined under Republic Act (RA) No.
Although the said law did not define what are 9160, as amended (Anti-Money Laundering Act) an
heinous crimes, the act committed by the offender application for an order to allow Inquiry into his
is considered as heinous -.for being grievous, odious deposit was filed with the Regional Trial Court.
and hateful offenses and for which reason, inherent After hearing the application, the court granted
or manifest wickedness, viciousness, atrocity is the application and issued a freeze order.
repugnant and outrageous to the common
standards and norms of decency and morality in a Pass upon the correctness of the court's order.
just, civilized and ordered society. Explain. (3%)
ANSWER:
V
The order of the court granting a freeze order is
Arlene ts engaged in the buy and sell of used
not correct. The application for an order to allow
garments, more popularly known as "ukay-ukay." inquiry of deposits should be filed before the Court
Among the items found by the police in a raid of her store
of Appeals.
in Baguio City were brand-new Louie Feraud blazers.
Arlene was charged with "fencing." Will the VII
charge prosper? Why or why not? (5%)
A widower of ten years, septuagenarian Canuto
ANSWER: felt that he had license to engage in voyeurism. If not
peeping into his neighbors' rooms through his
No, Arlene is not liable for Anti-fencing because powerful single-cylinder telescope, he would trail
there is no showing that the items are proceeds or
young, shapely damsels along the hallways of What action/s may C commence against. A
shopping malls. While going up the escalator, he and B to hold them to account for the loss of her
stayed. a step behind a mini-skirted one, and in a P85,000.00? Explain. (5%)
moment of excitement, put his hand on her left hip
and massaged it. The damsel screamed and hollered ANSWER:
for help. Conuto was apprehended and brought up
on inquest. What charge/s, if any, may he be held B shall be liable for violation of BP22 for drawing
responsible for? Explain. (5%) a worthless check and with knowledge at the time
he issued the check that the account thereof is
ANSWER: already closed. Her liability however is dependent on
showing that she received a notice of dishonor and
Canuto may be held liable only for the crime failed to pay the value of the check or make
of unjust vexation. The act committed by Canuto is arrangement for payment thereof.
to be considered as his past time due to old age
Although a simultaneous action for estafa is
and cannot be regarded to be with lewd design to
duthorited by law for the issuance of a worthless
constitute it as Acts of Lasciviousness. His act
check, under the given facts, the check was dis-
however caused annoyance to the victim.
counted and thus issued in a credit transaction for
pre-existing indebtedness. Criminal liability for estafa
VIII does not arise when a check has been issued in
payment for a pre-existing debt. Hence, no estafa in
A asked financial support from her showbiz friend the instant case.
B who accommodated her by issuing in her favor a
postdated check in the sum of P90,000.00. Both of B incurs no criminal liability.
them knew that the check would not be honored
because B's account had just been closed. The two IX
then approached trader C whom they asked to
change the check with cash, even agreeing that the Proserfina, an assistant public high school prin-
exchange be discounted at P85,000.00 with the cipal, acted to facilitate the release of salary diffe-
assurance that the check shall be funded upon rentials and election duty per diem of classroom
maturity. Upon C's presentment of the check for teachers with the agreement that they would
payment on due date, it was dishonored because reimburse her for her expenses.
the account had already been closed.
Did Proserfina commit a crime? Explain. (5%)
ANSWER: participants in the rumble belong to organized

fraternities. The killer of A a member of SFC Fraternity
Yes, .she is criminally liable for violation of R.A. could not be any other but member of the rival
3019(Anti-Graft and Corrupt Practices Act} Being the fraternity. Conspiracy is fherefore present among the
assistant public high school principQI, it is her duty to attackers from the rival fraternity and thus rules out
intervene in the release of salary differentials and per the idea of an affray. The liability of the attackers
diem of classroom teachers under her. Her request for a should be collective for the crime of homicide or
share or benefit therefor constitutes graft or corrupt murder as the case may be.
practice under Sec 3(b) of Rep. Act No. 3019. Consi-
dering that the acts prohibited or punished under this
XI
law are mala prohibita, good faith is not defense.
Angelina maintains a website where visitors can
X give their comments on the posted pictures of the
goods she sells in her exclusive boutique. Bettina
A, B and C are members of SFC Fraternity. While posted a comment that the red Birkin bag shown in
eating in a seaside restaurant, they were attacked by Angelina's website is fake and that Angelina is known
X, Y and Z, members of a rival fraternity. A rumble to sell counterfeit items.
ensued In which the above-named members of the
iwo fraternities assaulted each other in a confused and Angelina wants to file a case against Bettina.
tumultuous manner resulting in the death of A. As it She seeks your advice. What advice will you give
cannot be ascertained who actually killed A, the her? (4%)
members of the 1wo fraternities who took part In the
rumble were charged for death caused in a tumultuous ANSWER:
affray. Will the charge prosper? Explain. (4%)
Bettina may be liable for Online-Libel under the
ANSWER: Cybercrime Act. The libelous statement she made
that may affect the business of Angelina was made
No, the charge of death caused in a tumultuous with the use of a computer system.
affray will not prosper. In death caused by
tumultuous affray under Art. 251 of the Revised Penal PART 11
Code, it is essential that the persons involved did not
compose groups organized for the common purpose XII
of assaulting and attacking each other reciprocally. a. Define Money Laundering. What are the three
in this case, there is no tumultuous affray since the (3) stages in money laundering? (3%)
ANSWER: Under Art. 48 of the Revised Penal Code, crimes

are complexed and punished with a single penalty
Money Laundering is the process by which a (i.e that prescribed for the most serious crime and to
person conceals the existence of unlawfully obtained be imposed in its maximum period) Complex crimes
money and makes it appear to have originated from are made to shorten the length of imprisonment of
lawful sources. The intention behind such a the offender who shall instead be serving longer
transaction is to hide the beneficial owner of said penalties for two crimes he-committed.
funds and allows criminal organizations or criminals to
enjoy proceeds of such criminal activities." XIII
The three (3) stages in money laundering·are:
While his wife was on a 2-year scholarship
1. Placement/ infusion or the physical disposal abroad, Romeo was having an affair with his maid
of criminal proceeds Dulcinea. Realizing that the affair was going nowhere,
Dulcinea told Romeo that she was going back to the
2. Layering or the separation of the criminal
province to marry her childhood sweetheart. Clou-
proceeds from their source by creating layers of
ded by anger and jealousy, Romeo strangled
financial transactions to disguise such proceeds as
Dulcinea to death while she was sleeping in the
legitimate and avoid audit trail; and
maid's quarters.
3. Integration or the provision of apparent legi,.
The following day, Romeo was found catatonic
timacy to the criminal proceeds.
inside the maid's quarters. He was brought to the
National Center for Mental Health (NCMH) where
b. What is the doctrine of pro reo? How does it he was diagnosed to be mentally unstable.
relate to Article 48 of the Revised Penal Code? (3%)
Charged with murder, Romeo pleaded insanity
ANSWER: as a defense. ·
The doctrine of pro reo advocates that penal a. Will Romeo's defense· prosper? Explain. (2%)
lqws and laws penal in nature are to be construed No, Romeo's defense of insanity will not prosper
and applied in a way lenient or liberal to the because insanity as a defense must have existed
offender, consonant to and consistent with the and proven to be existing at the time that the crime
constitutional guarantee that an accused shall be was being committed. The facts of the case indicate
presumed innocent until his guilt is established that Romeo committed the crime with discernment.
beyond reasonable doubt.
What is the effect of the diagnosis of the NCMH husband having sexual intercourse with another
on the case (2%) woman in a room of a five-star hotel. Based on
what she saw on the video, leilanle accused her
ANSWER: husband of concubinage.
The effect of the diagnosis made by NCMH is Will the case of concubinage prosper? Explain.
for the suspension of the proceedings against (3%)
Romeo and his commitment to the NCMH until
such time that he can stand the rigors of trial. ANSWER:
No, sexual intercourse committed by the husband

XIV must be in a scandalous manner. Since the act
committed by her husband was done in a room of a
Paul lives with his long-time girlfriend Joan in a five-star hotel, it cannot be said to be scandalous.
condominium in Makoti. For more than a year, he
has been secretly saving money in an envelope
under their bed to buy her an engagement ring. XVI
One day, while Joan was cleaning their room, she
The president, treasurer, and secretary of ABC
found the envelope, took the money, and left Paul.
Corporation were charged with syndicated estafa
As prosecutor, what crime, if any, would you
under the following Information:
charge Joan? Explain. (3%)
That on or about the 1st week of January 201 O or
ANSWER: subsequent thereto in Cebu City and within the
Jurisdiction of this Honorable Court, the abov.e-named
Joan is not criminally liable. Under Art.332 of the accused, conspiring and confederating together and
Revised Penal Code, spouses which includes common all of them mutually helping and aiding one another
law spouses are exempt from criminal lidbility in the in a syndicated manner, through a corporation
crimes of theft, estafa and malicious mischief. registered with the Securities and Exchange
Commission (SEC), with Intention of carrying out the
xv unlawf~I or Illegal act, _transaction, enterprise or
scheme, with Intent to gain and by means of fraud
Suspecting that her husband of twenty years and deceit,. did then and there wilfully, unlawfully,
was having an affair, Leilanie hired a private cmd feloniously defraud Virna, Lema, Deborah and
investigator to spy on him. After two weeks, the several other persons by falsely or fraudulently
private investigator showed Leilanie a video of her pretending or representing in a transaction or series
of transactions, which they mode with complainants amended, shall be punished by life imprisonment to
and the public in general, to the effect that they were death if the swindling (estafa} is committed by a
in a legitimate business of foreign exchange trading syndicate consisting of five or more persons formed
successively or simultaneously operating under the with the intention of carrying out the unlawful or illegal
name and style of ABC Corporation and DEF Manage- act, transaction, enterprise or scheme, and the
ment Philippines, Incorporated, induced and succeeded defraudation results in the misappropriation of moneys
In inducing complainants and several other persons contributed by stockholders, or members of rural
to give and deliver to said accused the amount of at banks, cooperative, "samahang nayon(s)", or farmers'
least P20,000,000.00 on the strength of said manifes- associations, or of funds solicited by corporations/
tations and representations, the accused knowing associations from the general public."
fully well that the above-named corporations regis-
tered with the SEC are not licensed nor authorized to
In essence, syndicated estafa is but the com-
engage in foreign exchange trading and that such mission of any kind of estafa under Article 315 of the
manifestations and representations to transact in RPC (or other forms of swindling under Article 316) with
foreign exchange were false and fraudulent, that
iwo (2) additional conditions, namely:
these resulted to the damage and prejudice of the 1. the estafa or swindling was perpetrated by a
complainants and other persons, and that the "syndicate"; and
defroudation pertains to funds solicited from the
public in general by such corporations/associations. 2. the estafa or swindling resulted in the "misappro-
priation of money contributed by stockholders, or
Will the case for syndicated estafa prosper? members of rural banks, cooperative, samahang
Explain. (5%) nayon(s), or farmers association, or of funds solicited
by corporations/associations from the general public.
ANSWER: (Remo vs. Devanadera, GR. 192925, December 9, 2016)
No, a case for syndicated estafa will not prosper
because a syndicate for such crime under Pres. XVII ~.,,_
Decree 1689 must be comprised of five (5) or more
A killed his wife and buried her in their backyard.
persons committing the estafa or other forms of
He immediately went into hiding in the mountains.
swindling defined in Arts. 315 and 316 of the Revised
Penal Code. P.D. 1689. The said section reads: Three years later, the bones of A's wife were
discovered by X, the gardener. Since X had a
"Section 1. Any person or persons who shall
standing warrant of arrest, he hid the bones in an
commit estafa or other forms of swindling as defined in
old clay jar and kept quiet about it. After two years,
Article 315 and 316 of the Revised Penal Code, as
CRIMINAL LAW, CRIMINAL LAW
Z, the caretaker, found the bones and reported the twenty (20) years (Art 90, RPC). Prescription starts to run
matter to the police. when the care-taker, Z, found the victim's bones and
reported the matter to the police.
After 15 years of hiding, A left the country but
returned three years later to take care of his ailing
sibling. Six years thereafter, he was charged with XVIII
parricide but raised the defense of prescription.
On her way home, Eva Marie saw an injured
A. Under the Revised Penal Code, when does chow chow puppy behind a bush. Since the puppy
the period of prescription of a crime commence to did not have a collar, she brought it home so she
· run? (1%) could have it as a pet. Her son in fact begged Eva
Marie to keep the puppy. The following day, Eva
ANSWER: Marie bought a collar for the puppy and brought It to
a veterinarian for treatment.
The period of prescription of a crime commences
to run from the date it was committed, if known and a. Did Eva Marie incur criminal liability in
if it is unknown, the period of prescription of the bringing the puppy home as a pet? Explain. (2%)
crimes under the Revised Penal Code commence to
run from the day on which the crime was discovered ANSWER:
by the offended party, the authorities or their agents
Yes, Eva Marie incurred criminal liability for the·
(Art 91, RPC).
crime of theft. The puppy is a personal property
which, is susceptible of taking and has pecuniary
- b. When Is it interrupted? (1 %)
value. She took it with intent to gain.
ANSWER:
Did she incur civil liablllty? Explain. (2%)
The running of the prescriptive period of the crime
is interrupted upon institution of the criminal action. ANSWER:
Eva Marie may incur civil liability if the owner of

c. Is A's defense tenable? Explain. (3%)
the puppy would incur a loss due to non-restitution or
ANSWER: return thereof to the owner. Finding any property of
value, legally regarded as lost property, would
The defense of prescription of the crime is tenable. constitute theft if the finder failed to deliver the same
The crime committed is parricide which prescribes in to the local authorities or to its owner (Art 308 RPC).
Once Eva Marie is found guilty of theft, she will also What are the three phases of the "Battered
be civilly liable in accordance to Art. 100 of the RPC Woman Syndrome"? (3%)
which provides that a person who is criminally liable is
ANSWER:
also civilly liable.
The three (3) phases of the "Battered Woman
XIX Syndrome" are: (l) the tension building phase; (2)
the acute battering incident; and (3) the tranquil,
Jack and Jill have been married for seven years. loving, or non-violent phase (People v. Genosa, G.R.
One night, Jack came home drunk. Finding no food No. 135981, January 15, 2004).
on the table, Jack started hitting Jill only to apologize
the following day. Would the defense prosper despite the absence of
A week later, the same episode occurred-- any of the elements for justifying circumstances of self-
Jack came home drunk and started hitting Jill. defense under the Revised Penal Code? Explain. (2%)
Fearing for her life, Jill left and stayed with her ANSWER:
sister. To woo Jill back, Jack sent her floral arrange-
ments of spotted lilies and confectioneries. Two days Yes. Section 26 of Rep. Act No. 9262 provides that
later, Jill returned home and decided to give Jack victim-survivors who are found by the courts to be
another chance. After several days, however, Jack suffering from battered woman syndrome do not incur
again came home drunk. The following day, he was any criminal and civil liability notwithstanding the
found dead. absence of any of the elements for justifying circum-
I stances of self-defense under the Revised Penal Code.
Jill was charged with parricide but raised the
defense of "battered woman syndrome."
xx
a. Define "Battered Woman Syndrome." (2%)
Matt was found guilty of drug trafficking while his
ANSWER: younger brother Jeff was found guilty of possession of
equipment, instrument, apparatus and other para-
Battered Woman Syndrome refers to a scientifically phernalia for dangerous drugs under Section 12 of
defined pattern of psychological and behavioral Republic Act No. 9165.
symptoms found in women living in battering relation-
ships as a result of cumulative abuse (R.A. 9262). Matt filed a petition for probati.on. Jeff appealed
his conviction during the pendency of which he also
filed a petition for probation.
The brothers' counsel argued that they being first Philippines to the Chinese government in exchange
time offenders, their petifions for probation should be for 'Pl million and his safe return to Italy. Two weeks
granted. How would you resolve the brothers' petifions later, Myra decided to report the matter to the
for probation? Explain. (3%) proper authorities.
ANSWER: Did Myra commit a crime? Explain. (3%)
The brothers' petition for probation should both ANSWER:

be denied.
No, Myra is not liable for the crime of Misprision of
Matt's petition for probation shall be denied Treason under Art. 116 of the Revised Penal Code.
because he was convicted for drug trafficking. Every person owing allegiance to the government,
Section 24 of RA 9165 (Comprehensive Dangerous without being a foreigner and having knowledge of
Drug Act of 2002) Probation is not available for any conspiracy against them conceals or does not
offenders convicted for Drug Trafficking under Section disclose and make known the same as soon as possible
5 of the Act. shall be liable as an accessory to the crime of Treason.
Jeff's application for probation cannot also be There is no showing that Myra deliberately delayed
entertained or granted because he has already in bad fdith her obligation to disclose what she had
appealed his conviction by the trial court [Section discovered and in fact she reported the same to the
4, P.D. 968, as amended). proper authorities. Absence deliberate delay entitles
the offender to presumption of innocence.
XXI
XXII
Because peace negotiations on the Spratlys
situation had failed, the People's Republic of China Immediately after murdering Bob, Jake went to
declared war against the Philippines. Myra, a Filipino his mother to seek refuge. His mother fold him to hide
who lives with her Italian expatriate boyfriend, disco- in the maid's quarters until she finds a better place for
vered e-mail correspondence between him and a him to hide. After iwo days, Jake transferred to his
certain General Tung Kat Su of China. aunt's house. A week later, Jake was apprehended
by the police. Can Jake's mother and aunt be mode
On March 12, 2010, Myra discovered that on
criminally liable as accessories to the crime of
even date her boyfriend had sent an e-mail to murder? Explain. (3 %)
General Tung Kat Su, in which he agreed to provide
vital information on the military defense of the
ANSWER: b. Would your answer be the same if they killed

the driver? Explain. (2%)
The mother is among the relatives exempted
from criminal liability under Article 20 of the RPC. All of them shall be liable for Robbery with Homicide.
The aunt however is not exempted, hence liable as When crime is committed by a band, it shall be an
an accessory for aiding or assisting Jake to escape aggravating circumstance.
or evade criminal liability.
-NOTHING FOLLOWS-
XXIII
Christopher, John, Richard, and Luke are fraternity

brothers. To protect themselves from rival fraternities,
they all carry guns wherever they go. One night, after
attending a party, they boarded a taxicab, held the
driver at gunpoint and took the latter's earnings.
a. What crime, if any, did the four commit?
Enumerate the elements of the crime. (2%)
The crime committed is robbery by a band since
there were four (4) offenders acting in concert in
committing the robbery and all the four were armed.
The elements of this crime are: ·
1. unlawful taking of personal property belonging
to another (the earnings of the taxi-driver);
2. intent to gain in the taking;
3. violence against or intimidation of person or
force upon things was employed in the taking; and
4. there were more than three armed malefactors
taking part in the commission of the robbery (Art. 296
in relation to Art. 294, Revised Penal Code
CRIMINAL LAW
2011 BAR EXAMINATION repeatedly stabbed Glen while Ben and Cesar
pinned his arms. What aggravating circumstance if
CRIMINAL LAW any attended the killing of Glen?
SET A (A) Evident premeditation.
(1) Isabel, a housemaid, broke into a pawnshop (8) None.

intent on stealing it~ms of jewelry in it. She found, (C} Abuse of superior strength.
however, that the jewelry was in a locked chest.
Unable to open it, she took the chest out of the shop. {D) Treachery.
What crime did she commit?
(4) The presence of a mitigating circumstance
(A) Robbery in an uninhabited place or in a in a crime
private building
(A) increases the penalty to its maximum period.
(B) Theft
(B} changes the gravity of the offense.
(C) Robbery in an inhabited house or public
building. (C) affects the imposable penalty, depending
on other modifying circumstances.
(D) Qualified theft
(D) automatically reduces the penalty.
1-,
l;
(2) The alternative circumstance of relationship
shall NOT be considered between (5) He is an accomplice who
(A} mother-in-law and daughter-in-law. (A) agreed to serve as a lookout after his
companions decided to murder the victim.
(B) adopted son and legitimate natural daughter.
(B) watched quietly as the murderer stabbed
(C) aunt and nephew. his victim.
(D) stepfather and stepson. (C) helped the murderer find the victim who
was hiding to avoid detection.
(3) Arthur, Ben, and Cesar quarreled with Glen
while they were at the latter's house. Enraged, Arthur (D) provided no -help, when he con, to save the
victim from dying.
50
CRIMINAL LAW CRiMINAL LAW
(6) Principles of public international law exempt (C) None, since he took no step to take part in
certain individuals from the Generality characteristic executing the crime.
of criminal law. Who among the following are NOT
(D) Principal to murder, since he acted in cons-
exempt from the Generality rule?
piracy with Zeno and Primo.
{A) Ministers Resident
(9) A police officer surreptitiously placed a
(B) Commercial Attache of a foreign country
marijuana stick in a student's pocket and then
(C) Ambassador arrested him for possession of marijuana cigarette.
What crime can the police officer be charged with?
(D) Chiefs of Mission
(A) None, as it is a case of entrapment
(7) As a modifying circumstance, insanity
(8) Unlawful arrest
(A) is in the nature of confession and avoidance.
(C) Incriminating an innocent person
(B) may be presumed from the offender's previous
(D) Compl~x crime of Incriminating an innocent
behavior. '
person with unlawful arrest
(C) may be mitigating if its presence becomes
apparent subsequent to the commission of the crime. (10) The police officer in civlllan clothes asked X
where he can buy shabu. X responded by asking the
(D) exempts the offender from criminal liability
officer how much of the drug he needed. When he
whatever the circumstances.
told him, X left returned off.er a few minutes with the
shobu, gave it to the officer, and took his money. X is
(8) Zeno and Primo asked Bert to give them a
sketch of the location of Andy's house since they (A) liable for selling since the police operation
wanted to kill him. Bert agreed and drew them the was a valid entrapment.
sketch. Zeno and Primo drove to the place and killed
Andy. What crime did Bert commit? (B) not liable for selling since the police operg-
tion was an invalid entrapment.
(A) Accomplice to murder, since his cooperation (C) liable for selling since the police operation
was minimal. was a valid form of instigation.
(B) Accessory to murder, since his map facilitated
the escape of the two.
(D) not liable since the police operation was an (13} X, a tabloid columnist, wrote an article des-
invalid instigation. cribing Y, a public official, as stupid, corrupt, and
having amassed ill-gotten wealth. X relied on a source
(l 1) Plaintiff X said in his civil complaint for from Y's own office who fed him the information. Did X
damages that defendant Y, employing fraud, convinced commit libel?
him to buy a defective vehicle. Y filed a criminal action
(A) Yes, since the article was libelous and
for libel against X for maliciously imputing fraud on him.
inconsistent with good faith and reasonable care.
Will the action prosper if it turns out that the civil
complaint for damages was baseless? (B) No, since X but made o fair commentary on
a matter of public interest.
(A) No, since pleadings filed in court ore
absolutely privileged. (C) No, since X's article constitutes privileged
communication:
(B) No, since malice is not evident.
(D) No, since he wrote his article under the
(C) Yes, given the fact that the imputation of freedom enjoyed by the press.
fraud was baseless.
(D) Yes, parties must state the truth in their (14) The husband has for a long time physically
pleadings. and mentally tortured his wife. After one episode of
beating, the wife took the husband's gun and shot him
(12) The maxim "Nullum crimen nula poena dead. Und&r the circumstances, her act constitutes
sine lege" means that (A) mitigating vindication of grave offense.
(A) the act is criminal at the time of its com- (B) battered woman syndrome, a complete self-
mission and recognized as such at the time of its defense.
commission but the penalty therefor is prescribed
In a subsequently enacted law. (C) incomplete self-defense.
(B) the act is criminal and punished under and (D) mitigating passion and obfuscation.
pursuant to common law.
(15) There is violation of Art. 316, RPC (Other forms
( C) there is a crime for as long as the act is
of Swindling) where
inherently evil.
(D) crime is a product of the low.
CRIMIN ..<\L LAW CRIMINAL LAW
(A) the owner of property sells a property and director for causing him undue Injury In violation of
subsequently rescinds the sale. the Anti-Graft and Corrupt Practices Act?
(B) the real property subject of the sole does (A) Yes, since the medical Director acted with
not exist. evident bad faith.
(C) the property was mortgaged for a usurious (B) No, since the medical director has full discretion
contract of loan. in releasing the salary of government doctors.
(D) the owner disposes of his encumbered real (C) Yes, since his salary was withheld without
property as if it is free from encumbrances. prior hearing.
(D) No, since Dr. Chow brought it upon himself,
(16) X, a police officer, placed a hood on the having failed to submit the required DTRs.
head of W, a suspected drug pusher, and watched
as Y and Z, police trainees, beat up and tortured W to
get his confession. X is liable as (18) When a penal law Is absolutely repealed such
that the offense is decriminalized, a pending case
(A) as accomplice in violation of the Anti- charging the accused of the repealed crime is to be
Torture Act.
(A) prosecuted still since the charge was valid
(B) a principal in violation of the Anti-Torture Act. when filed.
(C) a principal in violation of the Anti-Hazing Law. (B) dismissed without any precondition.
(D) an accomplice in violation of the Anti- (C) dismissed provided the accused is not a
Hazing Law. habitual delinquent.
(D}'• prosecuted still since the offended party
(17) Dr. Chow, a government doctor, failed to has a vested interest in the repealed law.
submit his Daily Time Record (DTR) from January to
March 2000 and did not get approval of his sick
leave application for April because of evidence that (19) In malversafion of public funds, the offender's
he was actually moonlighting elsewhere. Thus, the return of the amount malversed has the following effect
medical. Director caused the withholding of his salary (A) It is exculpatory.
for the periods in question until he submitted his DTRs
in May 2000. Can Dr. Chow prosecute the medical (B) It Is inculpatory, an admission of the com-
mission of the crime,
(C) The imposable penalty will depend on what (A) dolo.

was not returned. (B) culpa.
(D) It is mitigating.
(C) tortious crimes.
(20) The exchanges of highly offensive words (D} quasi delict.

between two quarrelling women in the presence of a
crowd of people constitute (23) To mitigate his liability for inflicting physical
injury to another, an accused with a physical defect
(A) one count of grave slander against the must prove that such defect restricted his freedom of
woman who uttered the more insulting expressions. action and understanding. This proof is not required
(B) grave slander against the woman who started it where the physical defect consists of
and light slander against the other woman.·
(A) a severed right hand.
(C) two separate counts of light slander, one
(B) complete blindness.
for each woman.
(C) being deaf mute and dumb.
(D} two separate counts of grave slander, one
against each of them. (D) a severed leg.
(21} Any person who, having found lost property, (24). An extenuating circumstance, which has the
shall fail to deliver the some to the local authorities or same effect as a mitigating circumstance, is exem-
to its owner is liable for plified by
{A) occupation or usurpation of personal property. (A) the mother killing her 2-day old child to
conceal her dishonor.
(B) civil damages only.
(B) the accused committing theft out of extreme
(C) theft. poverty.
(D) other deceits. (C) the accused raping his victim in extreme
state of passion.
(22) A crime resulting from negligence, reckless
imprudence, lock of foresight or lock of skill is called (D) the accused surrendering the weapon he
used in his crime to the authorities.
l
60 BAR Q & A 2009-2019 201 i BAR EXAMINATION 61
(25) Three men gave Arnold fist blows and kicks (27) X, a court employee, wrote the presiding judge
causing him to fall. As they surrounded and continued a letter, imputing to Y, also a court employee, the act of
hitting him, he grabbed a knife he had in his pocket receiving an expensive gift from one of the parties in a
and stabbed one of the men straight to the heart. pending case. Because of this, Y accused X of libel. Does
What crime did Arnold commit? Y need to prove the element of malice in the case?
(A) Homicide with incomplete self-defense, since (A) No, since malice is self-evident in the letter.
he could have run from his aggressors.
(B) Yes, malice is not presumed since X wrote
(B) Homicide, since he knew that stabbing a the letter to the presiding judge who has a duty
person in the heart is fatal. to act on what it states.
(C) Homicide mitigated by incomplete se/f- (C) No, since malice is presumed with respect
defense, since stabbing a person to the heart is to defamatory Imputations.
excessive.
(D) Yes, since malice is not presumed in libel.
(D) No crime, since he needed to repel the aggre-
ssion, employing reasonable means for doing so. 28. X killed B, mistakenly believing that she was his
wife, upon surprising her having sex with another man
(26) A, B, and C agreed to rob a house of its cash. in a motel room. What is the criminal liability of X?
A and B entered the house while C remained outside
(A) None since he killed her under exceptional
as lookout. After getting the cash, A and B decided to
circumstances.
set the house on fire to destroy any evidence of their
presence. What crime or crimes did C commit? (B) None since he acted under a mistake of fact.
(A) Robbery and arson since arson took place (C) Parricide.
as an incident ofthe robbery.
(D) Homicide.
(B) Robbery and arson since C took no step to
stop the arson. (29) X draws a check upon request of Y, the paye~,
who told X that he would merely show the check to his
(C) Just for robbery since he only agreed to it
creditor to gain more ttme to pay his account. The
and served as lookout.
check bounced upon presentation by the creditor.
(D) Accomplice to robbery since his role in the Under the circumstances, who can be prosecuted for
crime was minimal. estafa based on the dishonored check?
(A) Y as the one who negotiated the check (D) the motive of an offender is absolutely
contrary to the agreement immaterial.
(B) X as the drawer of the check
(32) Minority is a privileged mitigating circum-
(C) Both X and Y based on conspiracy stance which operates to reduce the penalty by a
(D) None degree where the child is
(A) 15 years and below acting without discernment.

(30) Ana visited her daughter Belen who worked
as Caloy's housemaid. Caloy was not at home but (B) above 15 years but below 18 acting without
Debbie, a casual visitor in the house; verbally maligned discernment.
Belen in Ana's presence. Irked, Ano assaulted Debbie. (C) below 18 years acting with discernment.
Under the circumstances, dwelling is NOT regarded as
aggravating because (D} 18 years old at the time of the commission
of the crime acting with discernment.
(A) Dwelling did nothing to provoke Ana into
assaulting Debbie. (33) The crime of robbery in an inhabited house
(B) Caloy, the owner of the house, was not present. or public building is mitigated when the offenders
(C) Debbie is not a dweller of the house. (A) entered the house using false keys.
(D) Belen, whom Debbie maligned, also dwells (B) although armed did not fire their weapons.
in the house.
(C) entered through a window without breaking it.
(31) It is a matter of judicial knowledge that (D) although armed took property valued at
certain individuals will kill others or commit serious onlyP200.
offenses for no reason at all. For this reason,
(34) A private person who assists the escape of
(A) lack of motive can result in conviction where a person who committed robbery shall be liable
the crime and the accused's part in it are shown.
(A) as a principal to the crime of robbery.
(B) motive is material only where there is no
evidence of crimlnal Intent. (B) as an accessory to the crime of robbery.
(C) lack of motive precludes conviction.
(C) as o principal to the crime of obstruction of (C) Arson, the homicide being absorbed already
justice.
(D) Arson with ".'urder as a compound crime
(D) as an accessory to the crime of obstruction
of justice. {38) Sam wrote a letter to his friends stating that
Judge Odon loves obscene magazines and keeps
(35) Which among the following circumstances these in his desk. Charged with libel, can Sam present
do NOT qualify the crime of kidnapping? proof that Judge Odon indeed loves obscene maga-
zines and keeps these in his desk?
(A) The victim is killed as a consequence of the
detention. (A) No, since the imputation is not related to
the duties of a judge.
(B) The offender is a public officer.
(B) No, since Sam does not impute a crime to
(C) Ransom is demanded. Judge Odon.
(D) The victim ls raped. (C) No, since Sam imputes the commission of a
crime to Judge Odon.
(36) Removing, concealing or desiroying documents
to defraud another constitutes the crime of estafa if (D) Yes, since truth can be a valid defense in libel.
committed by
(39) X, without intent to kill, aimed his gun at Z and
(A) any public officer. fired it, hitting the latter who died as a consequence.
Under the circumstances
(B) a public officer officially entrusted with the
document. (A) X cannot plead praetor intentionem since the
(C) private individuals who executed the same. intent to kill is presumed from the killing of the victim.
(D) private individuals. (B) X may plead praetor intentionem since he

intended only to score, not kill Z.
(37) Dagami concealed Bugna's body and the (C) X may plead aberratio ictus as he had no
fact that he killed him by setting Bugna's house on intention to hit Z.
fire. What crime or crimes did Dagami commit?
(D) X may plead commission of only Discharge of
(A) Murder, the arson being absorbed already Firearm as he had no intent to kill Z when he fired his
(B) Separate crimes of murder and arson gun.
(40) Which of the following statements constitute (B) X kills Y who attempted to rape X's wife.
Inciting to Sedition?
(C) P severely maltreats S, a septuagenarian,
(A} Utterance of statements irritating or obnoxious prompting the latter to kill him.
to the ears of the police officers. (D) M killed R who slandered his wife.
(B) Speeches extolling communism and urging
the people to hold a national strike and paralyze (43) To save himself from crashing into an
commerce and trade. unlighted truck abandoned on the road, Jose
swerved his car to the right towards the graveled
(C) Leaders of jeepney and bus associations
shoulder, killing two bystanders. Is he entitled to the
shouting "Bukas tuloy ang welga hanggang sa
justifying circumstance of state of necessity?
magkagulo nal"
(D) Speeches calling for resignation of high (A) No, because the bystanders had nothing to
government officials. do with the abandoned truck on the road.
(8) No, because the injury done is greater than
(41) Culpa can either be a crime by itself or a mode the evil to be avoided.
of committing a crime. Culpa is a crime by itself in
{C) Yes, since the instinct of self-preservation
(A) reckless imprudence resulting in murder. tokes priority in an emergency.
(B) medical malpractice. (D) Yes, since the bystanders should have kept
off the shoulder of the road.
(C) serious physical Injuries thru reckless imprudenc_e.
(D) complex crime of reckless imprudence (44) The accused was shocked to discover his
resulting in serious physical injuries. wife and their driver sleeping in the ma.ster's
bedroom. Outraged, the accused got his gun and
(42) The mitigating circumstance of immediate killed both. Can the accused claim that he killed
vindication of a grave offense cannot be appreciated the two under exceptional circumstances?
in a case where (A) No, since the accused had time to reflect
(A) Following the killing of his adopted brother, when he got his gun.
P went to the pla~e where it happened arid killed
(8) No, since the accused did not catch them
S whom he found there.
while having sexual intercourse.
68 BAR Q & A 2009-2019 2011 BAR EXAMINATlON 69
(C) Yes, since the wife and their driver desecrated (D) It will appreciate passion or obfuscation
the marital bed. and vindication of a grave offense as just one
mftigating circumstance and voluntary surrender
(D) Yes, since the scene shows that they had as another.
an intimate relationship.
(47) The aggravating circumstance of uninhabited

(45) The three accused forcibly took their victim place is aggravating in murder committed
from his car but the latter succeeded in freeing
himself from their grip. What crime did the three (A) on a bonca far out at sea.
accused commit?
(B) in a house located in cul de sac.
(A) forcible abduction.
(C) in a dark alley in Tondo.
(B) frustrated kidnapping.
(D) in a partly occupied condominium building.
(C) attempted kidnapping.
(D) grave coercion. (48) The penalty of perpetual or temporary
special disqualification for the exercise of the right of
suffrage does NOT deprive the offender of the right
(46) Deeply enraged by his wife's infidelity, the
husband shot and killed her lover. The husband (A) to be elected to a public office.
subsequently surrendered to the police. How will the
court appreciate the mitigating circumstances of (f) (B) to vote In any popular election for a public
passion or obfuscation, (ii) vindication of a grave office.
offense, and (iii) voluntary surrender that the husband (C) to vote in a plebiscite.
invoked and proved?
(D) to hold any public office.
(A) It will appreciate passion or obfuscation and
voluntary surrender as one mitigating circumstance (49) Without meaning anything, Z happened to
and vindication of a grave offense as another. stare Into the eye of one of four men hanging out by
(8) It will appreciate all three mitigating circum, a store which he passed. Taking offense, the four
stances separately. mauled and robbed him of his wages. Z went home,
took a knife, and stabbed one of his attackers to
(C) It will appreciate the three mitigating circum- death. Charged with murder, Z may raise the
stances only as one. mitigating circumstance of
70 BAR Q & A 2009-2019 201 l BAR EXAMINATION 71
(A) praeter intentionem. (52) Insuperable cause is an exempting circum-

stance which may be applied to
(B) incomplete self-defense preceded by undue
provocation. (A) robbery.
(C) passion or obfuscation. (B) misprision of treason.
(D) complete self-defense. (C) homicide.
(D) rebellion.
(50) A public officer who immediately returns
the bribe money handed over to him commits
(53) Which of the following crimes is an excep-
(A) no crime. tion to the Territoriality Rule in Criminal law?
(B) attempted bribery. (A) Violation of the Trademark law committed

by an alien in the Philippines.
(C) consummated bribery.
(B) Forgery of US bank notes committed in the
{D) frustrated bribery.
Philippines.
(51} Direct bribery is a crime involving moral (C) Crime committed by a Filipino in the disputed
turpitude. From which of the following elements of Spratly's Island.
direct bribery can moral turpitude be inferred? (D) Pf under committed at his place of
(A) The offender receives a gift by himself or
assignment abroad by a Philippine public officer.
through another.
(54) X, Y and Z agreed among themselves to
(B) The offender is a public officer. attack and kill A, a police officer, but they left their
(C) The offender takes a gift with a view to home-made guns in their vehicle before approaching
committing a crime in exchange. him. What crime have they committed?
'
{D) The act which the offender agrees to (A) Conspiracy to commit indirect assault.
perform or which he executes is connected with (S) Attempted direct assault.
his official duties.
(C) Conspiracy to commit direct assault.
(D) Illegal possession of firearms.
(55) On hearing a hospital ward patient on the next (D) the evidence of guilt of the accused is
bed, shrieking in pain and begging to die, Mona shut circumstantial.
off the oxygen that was sustaining the patient, resulting
in his death. What crime if any did Mona commit? (58) Which of the following circumstances of
dishonor of a check can be a basis for prosecution
(A) Homicide.
under the bouncing checks law?
(8) Murder if she deliberated on her action.
(A) The check was returned unpaid with stamp
(C) Giving Assistance to Suicide. ''stop payment," although the drawer's deposit
was sufficient.
(D) Euthanasia.
(8) The check, drawn and issued in the
(56) When committed outside the Phifippine territory, Philippines, was dishonored by the drawee bank
our courts DO NOT have jurisdiction over the crime of in a foreign country.
(A} treason. (C) The check was presented to the bank for
payment 6 months after the date of issue.
(8) piracy.
(D) The drawer of the dishonored check paid
(C) espionage. its value within 5 days from notice of dishonor.
(D) rebellion.
(59) X and his step-father hove a long-standing
enmity. One day, irked by an argument with his
(57) Motive is generally IMMATERIAL in determining
step-father, X smashed the windshield of his step-
criminal liability EXCEPT when
father's brand new Audi sports car. X is liable for
(A) several offenders committed the crime but
(A) malicious mischief.
the court wants to ascertain which of them acted
as leader. (B) malicious mischief with the alternative mitigating
circumstance of relationship.
(B) the evidence of the crime consists of both
direct and circumstantial evidence. (C) malicious mischief with the alternative
aggravating circumstance of relationship.
(C) ascertaining the degree of penalty that
may be Imposed on the offender. (D) the civil damage he caused.
BAR Q & A 2009-2019 2011 BAR EXAMINATION 75
74
(60) The classification of felonies into grave, ( 63) W allowed a man to have sex with her
less grove, and light is important in ascertaining thinking that he was her husband. After realizing
that the man was not her husband, W stabbed him
(A) if certain crimes c9mmitted on the same to death. Under the circumstances, the mitigating
occasion can be complexed. circumstance in attendance constitutes
(B) the correct penalty for crimes committed (A) defense of honor.
through reckless imprudence.
(B) immediate vindication of a grave offense.
(C) whether the offender is Hable as an accomplice.
(C) passion or obfuscation.
(D) what stage of the felony has been reached.
(D) self-defense.
( 61) A child in conflict with the law shall enjoy
all the rights of a child until ( 64) The prescriptive period for bigamy is 15
years counted from the date of the
(A) he is found to have acted with discernment.
(A) discovery of the second marriage by the
(B) his minority is set off by some aggravating offended spouse.
circumstance.
(B) registration of the second marriage in the
(C) he is proved to be 18 years or older. Local Civil Registry.
(D) he forfeits such rights by gross misconduct (C) celebration or solemnization of the second
and immorality. marriage.
(D) discovery of the second marriage by the
(62) Mr. P owns a boarding house where he
authorities.
knowingly allowed children to be videotaped while
simulating explicit sexual activities. What is Mr. P's
criminal liability, if any? ( 65) After properly waiving his Miranda rights,
the offender led the police to where he buried the
(A) Corruption of minors under the Penal Code gun he used in shooting the victim. How does this
(B) Violation of the Child Pornography Act affect his liability?
(C) Violation of the Child Abuse Law (A) This serves as an analogous mitigating
circumstance of voluntary surrender.
{D) None
(B) It has no effect at all since the law provides none. (68) In an attempted felony, the offender's
preparatory act
(C) He is considered to have confessed to murder.
(D) This serves as aggravating circumstance of (A) itself constitutes an offense.
concealment of weapon. {B) must seem connected to the intended crime.
(C) must not be connected to the intended crime.
(66) A qualifying aggravating circumstance
(D) requires another act to result in a felony.
(A) changes the description and the nature of
the offense.
( 69) X inflicted violent kicks on vital parts of E's
(B) increases the penalty to its next degree but body.. E nevertheless was able to flee for fear of his
absorbs all the other aggravating circumstances. life. Refusing to undergo treatment for his injuries, E
died 3 days later. Is X liable for E's death?
(C) raises the penalty by two periods higher.
(D) is one which applies only in conjunction (A) No, since kicks on the body cannot cause
with another aggravating circumstance. death.
(B) No, since it took too long for death to occur.
(67) X inflicted serious injuries on Y. Because of
(C) Yes, since E cannot be compelled to undergo
delay in providing medical treatment to Y, he died.
medical 1reatment.
Is X criminally liable for the death of Y?
(D) Yes, since it was o natural result of the
(A) Yes because the delay did not break the injuries X inflicted on E.
causal connection between X's felonious act
and the injuries sustained by Y.
(70) 003-1137-0001 A criminal action for rape is
(B) Yes because any intervening cause between extingutshed when the offender is forgiven by
the infliction of injury and death ts immaterial.
(A) the offender's wife who herself is the rape
(C) No because the infliction of injury was not victim.
the immediate cause of the death.
(B) his wife for having raped another woman.
(D) No because the delay in the administration of
the medical treatment was an intervening cause. (C) the rape victim's husband.
(D) the rape victim herself.
(71) A battered woman claiming self-defense (D) Any court that first asserts jurisdiction over
under the Anti-Violence against Women and Children the case.
must prove that the final acute battering episode was
preceded by (74) X, intending to kill Y, a store owner, fired at
Y from the street, but the shot killed not only Y but
(A) 3 battering episodes.
also Z who was in the store. As a case of aberratio
(B) 4 bettering episodes. ictus, it is punishable as a
(C) 5 bettering episodes. (A) complex crime proper.
(D) 2 battering episodes. (B} special complex crime.

(C) continuing crime.
(72) A special complex crime is a composite crime
(D) compound crime.
{A) made up of 2 or more crimes defined in the
Penal Code. " (75) A proposal to commit a felony is punishable
(B) with its own definition and special penalty only when the law specifically provides a penalty for it
provided by the Penal Code. as in the case of proposal to commit
(A) rebellion.
(C) with its own definition and special penalty
provided by a special penal law. (B) sedition.
(D) made up of 2 or more crimes defined in the (C) espionage.
Penal Code and special penal laws.
(D) highway robbery.
(73) What court has jurisdicffon when an Indonesian
-END-
crew murders the Filipino captain on board a vessel of
Russian registry while the vessel is anchored outside the
·breakwaters of the Manila bay?
(A} The Indonesian court.
(8) The Russian court.
(C) The Philippine court.
I
CRIMINAL LAW
2012 BAR EXAMINATIONS d. Considering that under the given situation,

the two (2) crimes of estafa and falsification qf
CRIMINAL LAW public document are not separate crimes bvt
SET A component crimes of the single complex crime
of estafa and falsification of public document,
1. The wife of AAA predeceased his mother-in-
the absolutory cause of relationship by affinity is
law. AAA was accused of defrauding his mother-in-
not available to AAA.
law under a criminal information for estafa, but the
actual recital of facts of the offense charged therein, if
proven, would constitute not only the crime of estafa, 2. Under which of the following circumstances
but also falsification of public document as a is an accused not liable for the result not intended?
necessary means for committing estafa. AAA invokes
the absolutory cause of relationship by affinity. Which a. Accused is not criminally liable for the result
statement ls most accurate? not intended when there is mistake in the identity
of the victim.
a. The relationship by affinity created between
AAA and the blood relatives of his wife is dissolved b. Accused is not criminally liable for the result
by the death of his wife and the absolutory cause not intended when there fs mistake in the blow.
of relationship by affinity is therefore no longer c. Accused is not criminally liable for the result
available to AAA. not intended when the wrongful act is not the
b. The death of spouse does not severe the proximate cause of the resulting injury.
relationship by affinity which ls an absolutory cause d. Accused is not criminally liable for the result
available to AAA for estafa through falsification of not intended when there is mistake of fact
public document. constituting an involuntary act.
c. If AAA commits in a public document the act
of falsification as a necessary means to commit 3. Can there be a frustrated impossible crime?
estafa, the relationship by affinity still subsists as an
absolutory cause for estafa which should be a. Yes. When the crime is not produced by
considered separately from the liability for reason of the inherent impossfbillty of its accom-
falsification of public document because there is no plishment, it is a frustrated impossible crime.
specific penalty prescribed for the complex crime b. No. There can be no frustrated impossible
of estafa through falsification of public document. crime because the means employed to accom-
plish the crime is inadequate or Ineffectual.
80
CRl,V,INAL LAW CRIMINAL LAW
c. Yes. There can be a frustrated impossible 5. Which of the following circumstances may
crime when the act pelformed would be an offense be taken into account for the purpose of increasing
against persons. the penalty to be imposed upon the convict?
d. No. There can be no frustrated impossible a. Aggravafing circumstances which in themselves
because the offender has already performed the constitute a crime specially punishable by law.
acts for the execution of the crime.
b. Aggravating circumstances which are inhe-
rent In the crime to such ·a degree that they must
4. FF and his two (2) sons positioned themselves
of necessity accompany the crime.
outside the house of the victim. The two (2} sons
stood by the stairs in front of the house, while the c. Aggravating circumstances which arise from
father waited at the back. The victim jumped out of the moral attributes of the offender.
the window and was met by FF who instantly
hacked him. The two (2) sons joined hacking the d. Aggravating circumstances which are included
victim to death. They voluntarily surrendered to the by the law in defining a crime.
police. How will the attendant circumstances be
properly appreciated? 6. Who among the following convicts are not
entitled to the benefits of the lndetermediate Sentence
a. Treachery and abuse of superior strength Law?
qualify the killing to murder.
a. Those who are recidivists.
b. Only treachery qualifies the killing to murder
because abuse of superior strength is absorbed b. Those whose maximum term of imprisonment
by treachery. exceeds one (1) year.
c. Treachery is the qualifying aggravating c. Those convicted of inciting to sedition.
circumstance, while abuse of superior strength is
d. Those convicted of misprision of treason.
treated as a generic aggravating circumstance.
d. The qualifying circumstance of treachery or 7. Proposal to commit felony is punishable only
abuse of superior strength can be offset by the in cases in which the law specifically provides a
mitigating circumstance of voluntary surrender. penalty therefor. Under which of the following
instances. are proponents NOT liable?
a. Proposal to commit coup d'etat.

84 BAR Q. & A 2009-2019 2012 BAR EXAMINATION 85
b. Proposal to commit sedition. 9. When are light felonies punishable?

c. Proposal to commit_ rebellion.
a. Light felonies are punishable in all stages of
d. Proposal to commit treason. execution.
b. Light felonies are punishable only when
8. AA misrepresented to the complainant that consummated.
he had the power, influence, authority and business
to obtain overseas employment upon payment of c. Light felonies are punishable only when
placement fee. AA duly collected the placement consummated, with the exception of those
fee from complainant. As per certification of the committed against persons or property.
Philippine Overseas Employment Administration, d. Light felonies are punishable only when
AA did not possess any authority or license for committed against persons or property.
overseas employment. Is it proper to file two (2)
separate Informations for illegal recruitment under
the Labor Code and for estafa by means of deceit? 10. AA was appointed for a two-year term to
serve the unexpired portion of a resigned public
a. No. The filing of two (2) separate Informations official. Despite being disqualified after the lapse of
for illegal recruitment under the Labor Code and for the two-year term, PA continued to exercise the
estafa by means of deceit for the same act is 1 duties and powers of the public office to which
violative of the principle agaiost double jeopardy.
b. No. One Information for a complex crime of Ulegal
l
l
appointed. What is the criminal liability of AA?
a. AA is criminally liable for malfeasance in office.

recruitment with estafa by means of deceit should be +
J. b. AA is criminally liable for prolonging performance
filed, instead of two (2) separate Informations. t of duties and powers.
c. No. A person convicted of illegal recruitment
under the Labor Code may not, for the same act, be
' c. AA is criminally liable for disobeying request
for disqualification.
separately convicted of estafa by means of deceit.
d. Yes. A person convicted of illegal recruitment d. AA incurs no criminal liability because there is
under the Labor Code may, for the same act, be no indication that he caused prejudice to anyone.
separately convicted of estafa by means of deceit.
11. For treachery to qualify killing to murder,
the evidence must show:
~
BAR Q & A 2009-2019
86 CRIMINAL LAW
CRIMINAL LAW
a. The time when the accused decided to d. The woman who tried to commit suicide
employ treachery, the overt act manifestly indica- occurs no criminal liability for the result not intended.
ting that he clung to such determination, and a
sufficient lapse of time between the decision and 13. Chris Brown was convicted of a complex crime
the execution, allowing him to reflect upon the of direct assault with homicide aggravated by the
consequence of his act. commission ef the crime in a place where public
authorities are engaged in the discharge of their duties.
b. Unlawful aggression, reasonable necessity of The penalty for homicide is reclusion temporal. On the
the means to prevent or repel the aggression, and other hand, the penalty for direct assault Is pnsl On
lack of sufficient provocation on ihe part of the victim. correccional in its medium and maximum periods.
c. That the accused employed such means, What is the correct indeterminate penalty?
methods or manner to ensure his safety from the
a. Twelve ( 12) years of prision mayor as minimum
defensive or retaliatory acts of the victim, and
to twenty (20) years of reclusion temporal as maximum.
the mode of attack was consciously adopted.
b. Ten ( 1 0) years of prision mayor as minimum to
d. Actual sudden physical assault or threat to
seventeen (17) years and four (4) months of
inflict real imminent injury to an unsuspecting victim.
reclusion temporal as maximum.
12. What is the criminal liability, if any, of a c. Eight (8) years of prision mayor as minimum
pregnant woman who tried to commit suicide by to eighteen (18) years and four (4) months of
poison, but she did not die and the fetus in her reclusion temporal as maximum.
womb was expelled instead? d. Twelve (12) years of prision mayor as minimum
a. The woman who tried to commit suicide is not to seventeen (17) years and four (4) months of
reclusion temporal as maximum.
criminally liable because the suicide intended was
not consummated.
14. A, 8, and C organized a meeting in which
b. The woman who tried to commit suicide Is the audience was incited to the commission of the
criminally liable for unintentional abortion which crime of sedition. Some of the persons present at
is punishable when caused by violence. the meeting were carrying unlicensed firearms.
c. The woman who tried to commit suicide is What crime, if any, was committed by A, 8 and C,
criminally liable for abortion that resulted due to as well as those who were carrying unlicensed
the poison that she had taken to commit suicide.
!
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BAR Q & A 2009-2019
88 CRIMINAL LAW
CRIMINAL LAW
d. Yes. Theft is committed because the factual

firearms and those who were merely present at the
impossibility to gain from the check was not
meeting? known to the taker or beyond his control at the
a. Inciting to sedition for A, 8 and C and Illegal time of taking.
possession of firearms for those carrying unlicensed
firearms. 16. B was convicted by final judgment of theft.
While serving sentence for such offense, B was found
b. Inciting to sedition for A, 8 and C and those in possession of an unlicensed firearm. Is B a quasi-
carrying unlicensed firearms. recidivist?
c. Illegal assembly for A, 8, C and all those present
a. B is a quasi-recidivist because he was serving
at the meeting.
sentence when found in possession of an unlicensed
d. Conspiracy to commit sedition for A, 8, C and firearm.
those present at the meeting.
b. B is not a quasi-recidivist because the offense
for which he was serving sentence is different from
15. Is the crime of theft committed by a person
the second offense.
who, with intent to gain, takes a worthless check
belonging to another without the latter's consent? c. B is not a quasi-recidivist because the second
offense is not a felony.
a. Yes. All the elements of the crime of theft are
present: that there be taking of personal property; d. B is not a quasi-recidivist because the second
that the property belongs to another, and that the offense was committed while still serving for the first
taking be done with intent to gain and without the offense. -
consent of the owner.
17. What crime is committed by one who
b. No. The taking of the worthless check. which
defrauds another by taking undue advantage of
has no value, would not amount to the-crime of
the signature of the offended party in a blank
theft because of the legal impossibility to commit
check and by writing the payee and amount of the
the intended crime. check fo the prejudice of the offended party?
c. Yes. Theft is committed even if the worthless
check would be subsequently dishonored because a. estafa with unfaithfulness or abuse of confidence;
the taker had intent to gain from the check at the b. estafa by false pretense;
time of the taking.
90 CRIMINAL LAW
CRIMINAL LAW
c. estafa through fraudulent means; d. grave coercion.
d. estafa by other dec.eits. 21. A killed M. After the killing, A went to the
Barangay Chairman of the place of incident to seek
18. What crime is committed by a person who protection against the retaliation of M's relatives. May
kills a three-day old baby? voluntary surrender be appreciated as a mitigating
circumstance in favor of A?
a. infanticide;
a. Yes. A surrendered to the Barangay Chairman
b. homicide; who is a person in authority.
c. murder; b. Yes. The surrender of A would save the outho
d. parricide. rities the trouble and expense for his arrest.
c. No. A did not unconditionally submit himself to
19. What crime is committed by a person who the authorities in_. order to acknowledge his
kills his legitimate brother on the occasion of a participation in the killing or to save the authorities
public calamity? the trouble and expenses necessary for his search
and capture.
a. parricide;
d. No. The surrender ,to the Barangay Chairman
b. homicide; is not a surrender to the proper authorities.
c. murder;
22. Who among the following is liable for
d. death caused in a tumultuous affray.
estafa?
20. What is the crime committed by any person a. The seller of a laptop computer who failed
who, without reasonable ground, arrests or detains to inform the buyer that the laptop had a defect.
another for the purpose of delivering him to the
b. The person who ran away with a cell phone
proper authorities?
which was handed to him upon his pretense that
a. unlawful arrest; he had to make an emergency call.
b. illegol detention; c. The person who assured he will pay interest

on the amount but failed to do so as promised.
c. arbitrary detention;
92 CRIMINAL LAW
CRIMINAL LAW
d. The son who induced his father to buy from a. A, B and C, being under eighteen (18) years of
him a land which the son is no longer the. owner. age at the time of the commission of the offense,
are exempt from criminal liability and should be
merely subjected to intervention program for child
23. What is the nature of the circumstance
in conflict with the law.
which is involved in the imposition of the maximum
term of the indeterminate sentence? b. There being no indication of having acted
with discernment, A, B and C are exempt from
a. qualifying circumstance: criminal liability, subject to appropriate programs
in consultation with the person having custody
b. aggravating circumstance;
over the child in conflict with the taw or the local
c. modifying circumstance; social welfare and development officer.
d. analogous circumstance. c. Considering the given facts which manifest
discernment, A, B and C are not exempt from
24. A, B and C, all seventeen (17) years of age, criminal liability and should be charged with the
waited for nighttime to avoid detection and to complex crime of robbery with homicide, subject
facilitate the implementation of their plan to rob G. to automatic suspension of sentence upon finding
They entered the room of G through a window. of guilt.
Upon instruction of A, G opened her vault while 8 d. Under the given facts, A, 8 and C ore not
was poking a knife at her. Acting as lookout, Chad exempt from criminal liability because they
already opened the main door of the house when conspired to commit robbery for which they should
the helper was awakened by the pleading of G to be collectiveiy charged as principals, and in
A and B to just take the money from the vault addition, B should be separately charged with
without harming her. When the helper shouted for homicide for the death of G, subject to diversion
help upon seeing G with A and B inside the room, 8 p"rograms for children over 15 and under 18 who
stabbed G and ran towards the door, leaving the acted with discernment.
house with C. A also left the house after taking the
money of G from the vault. G was brought to the
25. The guard was entrusted with the conveyanc;:e
hospital where she died as a result of the wound
or custody of a detention prisoner who escaped
inflicted by B. Under the given facts, are A, 8 and C
through his negligence. What is the criminal liability of
exempt from criminal liability? If not, what is the
the escaping prisoner?
proper charge against them or any of them?
:;,
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u
I
a. The escaping prisoner does not incur crtminal d. negligence in the prosecution of offense.
liability.
b. The escaping prisoner is liable for evasion 28. The key element in a crime of parricide
through negligence. other than the fact of killing is the relationship of the
offender to the victim. Whic'h one of the following
c. The escaping prisoner is liable for conniving circumstances constitutes parricide?
with or consenting to, evasion.
a. Offender killing the illegitimate daughter of
d. The escaping prisoner is liable for evasion of his legitimate son.
service of sentence.
b. Offender killing his illegitimate grandson.
26. What crime is commHted when a person assumes c. Offender killing his common-law wife.
the performance of duties and powers of a public
office or employment without first ~eing sworn in? d. Offender killing his illegitimate mother.
a. anticipation of duties of a public office; 29. What is the minimum age of criminal
responsibility?
b. usurpation of authority;
c. prohibited transaction: a. fifteen (15} years old or under
d. unlawful appointment. b. nine (9) years old or under
c. above nine (9} years old and under fifteen
27. What crime is committed by a public officer (15} who acted with discernment
who, before the acceptance of his resignation, shall
abandon his office to the detriment of the public d. Glbove fifteen (15) years old and under eighteen
service in order to evade the discharge of the duties (18) who acted with discernment
of preventing, prosecuting or punishing the crime of
treason? 30. When the adoption of a child is effected
under the Inter-Country Adoption Act for the purpose
a. abandonment of office or position; of prostitt:Jtion, what is the proper charge against the
b. qualified abandonment of office; offender who is a public officer in relation to the
exploitative purpose?
c. misprision of treason;
a. acts that promote trafficking in persons:
b. trafficking in persons; a. two (2) years;
c. qualified trafficking in persons; b. six ( 6} years;
d. use of trafficked person. c. one (1) year;

d. three (3) years;
31. What crime is committed when a mother kills
the three-day old child of her husband with their
34. What is the criminal liability, if any, of a mayor
daughter? who, without being authorized by law, compels
prostitutes residing In his city to go to, and live in,
a. parricide;
another place against their will?
b. infanticide;
a. The mayor is criminally liable for violation of
c. murder; domicile.
d. homicide. b. The mayor is criminally liable for expulsion.
c. The mayor is criminally liable for grave coercion.
32. When is a crime deemed to have been
committed by a band? d. The mayor incurs no criminal liability because
he merely wants to protect the youth against the
a. When armed men, at least four (4) in number, indecency of the prostitutes.
take direct part in the execution of the act
constituting the crime. 35. How is the crime of coup d'etat committed?
b. When three (3) armed men act together in
the commission of the crime. a. By rising publicly and taking arms against the
Government for the purpose of depriving the Chief
c. When there are four ( 4) armed persons, one Executive of any of his powers or prerogatives.
of whom is a principal by inducement.
b. When a person holding public employment
d. When there are four (4) malefactors, one of undertakes a swift attack, accompanied by
whom is armed. strategy or stealth, directed against public utilities
or other facilities needed for the exercise and
33. The period of probation of the offender continued possession of power for the purpose of
sentenced to a term of one (1) year shall not exceed: diminishing state power.
1\,
SAR Q & A 2009-2019 2012 BAR EXAMINATION 99
98 CRIMINAL LAW
CRIMINAL LAW
ii
c. When persons rise publicly and tumultuously in d, unlawful use of means of publication or unlawful
order to prevent by force the National Government utterances.
from freely exercising its function.
d. When persons circulate scurrilous libels against
the Government which tend to instigate others to
t 38. What is the crime committed when a group
of persons entered the municipal building rising
publicly and taking up arms in pursuance of the
meet together or to stir up the people against the
movement to prevent exercise of governmental
lawful authorities. authority with respect to the residents of the
munldpaHty concerned for the purpose of effecting
36. What is the proper charge against public changes in the manner of governance and removing
officers or employees who, being in conspiracy with such locality under their control from allegiance to
the rebels, failed to resist a rebellion by all means in the laws of the Government?
their power, or shall continue to discharge the duties
of their offices under the control of the rebels, or shall a. sedition;
accept appointment to office under them?
b. coup d'etat;
a. disloyalty of public officers or employees;
c. insurrection;
b. rebellion;
d. public disorder.
c. conspiracy to commit rebellion;
d. dereliction of duty. 39. When is a disturbance of public order deemed
to be tumultuous?
37. What is the proper charge against a person a. The disturbance shall be deemed tumultuous
who, without taking arms or being in open hostility if caused by more than three (3) persons who are
against the Government, shall incite others to deprive armed or provided with means of violence.
Congress of its legislative powers, by means of
speeches or writings? b. The disturbance shall be deemed tumultuous
when a person causes a serious disturbance in a
a. inciting to sedition; public place or disturbs public performance, function
b. inciting to rebellion or insurrection; or gathering.
c. crime against legislative body; c. The disturbance shall be deemed tumultuous

when more than three (3) persons make any
,.,:.
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CRIMINAL. LAW CRIMINAL LAW
outcry tending to incite rebellion or sedition or 41. What is the proper charge against a group of
shout subversive or provocative words to obtain four persons who, without public uprising, employ
any of the objectives of rebellion or sedition. force to prevent the holding of any popular election?
d. The disturbance shall be deemed tumultuous a. sedition;
when at least four (4) persons participate in a free-
for-all-fight assaulting each other in a confused and b. disturbance of public order;
tumultuous manner.
c. grave coercion;
40. What is the criminal liability, If any, of a d. direct assault.

police officer who, while Congress was in session,
arrested a member thereof for committing a crime 42. Which of the following circumstances may be
punishable by a penalty higher than prision mayor? appreciated as aggravating in the crime of treason?
a. The police officer is criminally liable for violation a. cruelty and ignominy;
of parliamentary Immunity because a member of
Congress is privileged from arrest while Congress is b. evident premeditation;
in session. c. superior strength;
b. The police officer is criminally liable for distur- d. reachery.
bance of proceedings because the arrest was
made while Congress was in session. 43. What is the crime committed by a public
c. The police officer incurs no criminal liability officer who discloses to the representative of a foreign
because the member of Congress has committed nation ttie contents of the articles, data or information
a crime punishable by a penalty higher than prision of a confidential nature relative to the defense of the
mayor. Philippine archipelago which he has in his possession
by reason of the public office he holds?
d. The police officer is criminally liable for violation
of parliamentary immunity because parliamentary a. espionage;
immunity guarantees a member of Congress complete
freedom of expression without fear of being arrested b. disloyalty;
while in regular or special session. c. treason;
d. violation of neutrality.
~.
44. A foreigner residing in Hong Kong counterfeits c. No. The offender in the crime of treason is
a twenty-peso bill issued by the Philippine Govern- either a Filipino citizen or an alien residing in the
ment. May the foreigner be prosecuted before a civil Philippines because while permanent allegiance
court in the Philippines? is owed by the alien to his own country, he owes
a temporary allegiance to the Philippines where
a. No. The provisions of the Revised Penal Code are he resides.
enforceable only within the Phiffppine Archipelago.
d. Yes. It is not possible for an alien, whether
b. No. The Philippine Criminal Law is binding only residing in the Philippines or elsewhere, to commit
on persons who reside or sojourn In the Philippines. the crime of treason because he owes allegiance
c. No. Foreigners residing outside the jurisdiction to his own country.
of the Philippines are exempted from the operation
of the Philippine Criminal Law. 46. A jailer inflicted injury on the prisoner because
of his personal grudge against the latter. The injury
d. Yes. The provisions of the Revised Penal Code caused illness of the prisoner for more than thirty (30)
are enforceable · also outside the jurisdiction of the days. What is the proper charge against the jailer?
Philippines against those who should forge or
counterfeit currency notes of the Philippines or a. The jailer should be charged with maltreatment
obligations and securities issued by the Government of prisoner and serious physical injuries.
of the Phllippines.
b. The jailer should be charged with serious
physical injuries only.
45. Can the crime of treason be committed
only by a Filipino citizen? c. The- jailer should be charged with complex
crime of maltreatment of prisoner with serious
a. Yes. The offender in the crime of treason is a physical injuries.
Filipino citizen only because the first element ls that
the offender owes allegiance to the Government of d. The jailer should be charged with maltreatment
the Philippines. of prisoner only.
b. No. The offender in the crime of treason is

47. AA was convicted of proposal to commit
either a Filipino citizen or a foreigner married to a
treason. Under Article 115 of the Revised Penal Code,
Filipino citiien, whether residing in the Philippines or
proposal to commit treason shall be punished by
elsewhere, who adheres to the enemies of the
prision correccional and a fine not exceeding PS,000.00. Is
Philippines, giving them aid or comfort.
the Indeterminate Sentence Law applicable to AA?
a. Yes. The Indeterminate Sentence Law is while damage to his car amounted to PS,500.00.
applicable to AA because the maximum of What Is the proper charge against AB?
prision correccional exceeds one (1) year.
a. AB should be charged with complex crime of
b. Yes. The Indeterminate Sentence Law is
applicable to AA because there is no showing
reckless imprudence resulling in
damage to
property with slight physical injuries.
that he is a habitual delinquent.
b. AB should .be charged with reckless imprudence
c. No. The Indeterminate Sentence Law is not result_ing 1n slight physical injuries and reckless impru-
applicable to AA considering the penalty Imposable dence resulting in damage to property.
for the offense of which he was convicted.
c. AB should be charged with complex crime of
d. No. The Indeterminate Sentence Law is not slight physical injuries with damage to property.
applicable considering the offense of which he
was convicted. d. AB should be charged with slight physical
injuries and reckless imprudence resuHing in damage
48. What is the proper charge against a lawyer to property.
who reveals the secrets of his client learned by him
in hfs professional capacity? 50. What crime is committed by one who, having
received money, goods or any other personal property
a. The lawyer should be charged with revelation in trust or on commission, or for administration, defrauds
of secrets of private individual. · the offended party by denying receipt of such money,
goods or other property?
b. The lawyer should be charged with betrayal
of trust. a. He commits violation of the Trust Receipt Law.
c. The lawyer should be charged with unauthorized b. He commits estafa through fraudulent means.
revelation of classified materials.
c. He commits estafa by false pretenses.
d. The proper charge against the lawyer should
be revealing secrets with abuse of office. d. He commits estafa with unfaithfulness or abuse
of confidence.
49. AB was driving a van along a highway.
Because of her recklessness, the van hit a car which 51. What is the criminal liability, if any, of AAA
had already entered the intersection. As a result, CD who. substitutes for a prisoner serving sentence for
who was driving the car suffered physical injuries,
'
homicide by taking his place in Jail or penal against the latter's will and by means of violence or
establishment? intimidation for the purpose of preventing some
harm to himself?
a. AAA is criminally liable for delivering prisoner
from jail and for using fictitious name. a. The private person is criminally liable for
qualified trespass to dwelling.
b. AAA is criminally liable as an accessory of
the crime of homicide by assisting in the escape b. The private person is criminally liable for
or concealment of the principal of the crime. simple trespass to dwelling.
c. AAA Is criminally liable for infidelity in the c. The private person incurs no criminal liability.
custody of prisoners. d. The private person is criminally liable for light
d.AAA is criminally liable for misrepresentation threats.
or concealing his true name.
54. AAA was convicted of theft by a Manila
52. A child over fifteen (15) years of age acted Court and sentenced to a straight penalty of one (1)
with discernment in the commission of murder. year of prlsion correccional. After serving two (2)
What is the duty of the court if he is already over months of the sentence, he was granted conditional
eighteen (18) years of age 9t the time of the pardon by the Chief Executive. One of the conditions
determination of his guilt for the offense charged? of the pardon was for him not to be found guilty of
any crime punishable by the laws of the country. He
a. The court shall pronounce the judgment of subsequently committed robbery in Pasey City. Can
conviction. the Manila Court require AAA to serve ·the unexpired
portion of the original sentence?
b. The court shall place_ the child under
suspended sentence for a specified period or a. Yes. The Manila Court has the authority to
until he reaches twenty-one (21) years of age. recommit AAA to serve the unexpired portion of
c. The court shall discharge the child for dispo- the original sentence in addition to the penalty
sition measures. for violation of conditional pardon.
d. The court shall place the _child on probation. b. No. The penalty remitted by the conditional
pardon is less than six ( 6) years.
53. What is the criminal liability, if any, of a
private person who enters the dwelling of another
c. Yes. The penalty for violation of conditional c. GGG should be charged with complex crime
pardon is the unexpired portion of the punishment of arson with double murder.
in the original sentence. d. GGG should be charged with complex
d. No. AAA must first be found guilty of the crime of double murder.
subsequent offense before he can be prosecuted
for violation of conditional pardon. 57. RR convinced WW to take a job in Taiwan,
assuring her of o good salary and entitlement to a
55. What is the criminal liability of a person who yearly vacaHon. WW paid to RR the processing fee for
knowingly and in any manner aids or protects passport and visa, but no receipt was issued for the
highway robbers/brigands by giving them information payment. WW was made to use the alien certificate
about the movement of the police? of registration of another person with a Chinese name
and instructed on how to use the Chinese name. The
a. He is criminally liable as principal by indispen- application of WW was rejected by the Taiwanese
sable cooperation in the commission of highway authorities. Cases were filed against RR for illegal
robbery or brigandage. recruitment and estafa. The case of illegal recruit-
b. He is criminally liable as an accessory of the ment was dismissed. Is RR liable for estafa?
principal offenders.
a. RR is liable for estafa with unfaithfulness or
c. He is criminally liable as an accomplice of abuse of confidence.
the principal offenders. -
b. RR is liable for estafa by means of false
d. He is criminally liable as principal for aiding pretenses.
and abetting a band of brigands.
c. RR is not liable for estafa because WW
participated in the Illegal travel documents.
56. With intent to kill, GGG burned the house where
F and D were staying. F and D died as a consequence. d. RR can no longer be held liable for estafa
What is the proper charge against GGG? because with the dismissal of the case against
him for Illegal recruitment, double jeopardy has
a.GGG should be charged with two (2) counts already set in.
of murder.
b. GGG should be charged with arson. 58. A entered the house of B. Once inside the
hou~e of B, A took and seized personal property by
compulsion from B with the use of violence and
I"
force upon things, believing himself to be the owner d. The physician Incurs no criminal liability if the
of the personal property so seized. What is the false medical certificate does not cause prejudice
criminal liability of A? or damage.
a. A is criminally liable for robbery with violence

60. Under which of the following circumstances
because he employed violence in the taking of the
is probation not applicable?
personal property from B, robbery characterized by
violence being graver than ordinary robbery com- a. Probation is not applicable when the accused
mitted with force upon things. ·
is sentenced to serve a maximum of six ( 6) years.
b. A is criminally liable for robbery with force b. Probation is not applicable when the accused
upon things in an inhabited house because the act has been convicted by final judgment of an offense
was committed in a house constituting the dwelling punished by imprisonment of less than one (1)
of one or more persons. month and/or fine of less than P200.00.
c. A is criminally liable for grave coercion because c. Probation is not applicable when accused is
the presumption of intent to gain is rebuffed. convicted of indirect assault.
d. A is criminally liable for qualified trespass to d. Probation is not applicable when accused is
dwelling because he employed violence. convicted of indirect bribery.
59. What is the criminal liability, If any, of a 61. What crime Is committed by a person who,
physician who issues a false medical certificate In having found a ring, fails to deliver the some to the
connection with the practice of his profession? owner or to the local authorities?
a. The physician is criminally liable for falsifica-tion a. The finder commits theft.
of medical certificate.
b. The finder commits concealment.
b. The physician is criminally liable if the false
medical certificate is used in court. c. The finder commits qualified theft.
c. The physician incurs no criminal liability if the d. The finder commits usurpation of property.
false medical certificate is not submitted to .the
court. 62. At a wake, there were people watching a game
of dice. With treachery and use of unlicensed firearms,
AA fired successively several gunshots at their direction.
During the shoofing, four (4) persons were killed and a. A, 8, C and D committed incriminatory
fourteen (14) others ,were injured and brought to the machination through unlawful arrest.
hospital for the treatment of gunshot wounds. What
b. A, 8, C and D committed intriguing against
should be the proper charge against AA?
honor with unlawful arrest.
a. AA should. be charged with multiple murder c. A, 8, C and D committed slight illegal detention.
and attempted murder.
d.A, 8, C and D committed corruption of public
b.AA should. be charged with four (4) counts of official.
murder and fourteen (14) counts of attempted
murder.
64. Felonies are classified according to manner
c.AA should be charged with four (4) counts of or mode of execution into felonies committed by
murder, fourteen (14) counts of serious physical means of deceit (dolo) and by means of fault
injuries and illegal possession of firearms. (culpa). Which of the following causes may not
give rise to culpable felonies?
d. AA should be charged with complex crime
of murder and attempted murder with illegal a. Imprudence;
possession of firearms.
b.Malice;
63. A, 8, C and D are members of the police c. Negligence;
department of a municipality. Conspiring with one
another, they arrested E, without reasonable ground, d. Lack of foresight.
for the purpose of delivering him to the proper autho-
rities by imputing to E the crime of bribery. While E 65. Which of the following acts does not
was being investigated by A, B, C and 0, one of them constitute estafa or other forms of swindling?
placed a marked five hundred peso bill, together
with the money taken from E, to make it appear that a. When a person mortgages a real property by
E, an employee of the Office of the local Civil pretending to be the owner thereof.
Registrar, agreed to perform an act not constituting a b. When a person disposes of the real property
crime in connection with the performance of E's duties, knowing itto be encumbered.
which was to expedHe the issuance of a birth certi-
ficate. What is the crime committed by A, 8, C and D? c. When a person wrongfully takes real property
from its lawful possessor to the prejudice of the
latter.
d. When a person mortgages real property ceremony. What is the criminal liability, if any, of
while being o surety given in a civil action the ecclesiastical minister?
without express authority from the court.
a. The ecclesiastlcal minister is criminally liable
for falsification of baptismal certificate by causing it
66. DD, intending to kill EE, peppered the to appear that C participated in the baptismal
latter's bedroom with bullets, but since the intended ceremony when he did not in fact so participate.
victim was not home at that time, no harm came to
him. What crime is committed? b. The ecclesiastical minister is not criminally
liable because the insertion of the name of C in
a. DD committed the crime of attempted murder. the baptismal certificate will not affect the civil
status of A.
b. DD committed the crime of attempted
homicide. c. The ecclesiastical minister is not criminally
liable because he is not a public officer., employee
c. DD committed the crime of impossible crime.
or notary.
d. DD committed the crime of malicious mischief.
d. The ecclesiastical minister is not criminally
liable because he did not take advantage of his
67. What crime is committed when a person ill- official position nor cause damage to a third party.
treats another by deed without causing any injury?
a. The offender commits maltreatment. 69. Is the penalty for impossible crime applicable
to one who attempts to commit a light felony of
b. The offender commits slander by deed. impossible materialization?
c. The offender commits assault. a. No. The evil intent of the offender cannot be
accomplished.
d. The offender commits coercion.
b. No. An attempt to commit light felony cons-
68. The baptism of A was solemnized by B, an titutes an employment of Inadequate or ineffectual
·ecclesiastical minister, in the absence of C, one of means.
the godparents. Upon request of the mother of A, B c. No. The penalty for consummatedJight felony
caused the inclusion of the name of C in the is less than the penalty for impossible crime.
baptismal certificate of A as one of the godparents
and allowed a proxy for C during the ·baptismal •d. No. In impossible crime, the act performed
should not constitute a violation of another offense.
70. What crime is committed by a public officer 72. What should be the proper charge against
who, having control of public funds or property by an offender who unlawfully took and carried away
reason of the duties of his office and for which he is a motor vehicle belonging to another without the
accountable, permits any other person through latter's consent, killing the driver in the process?
abandonment to take such public funds or property?
a. The proper charge against the offender
a. The public officer commits malversation. should be murder with the use of motor vehicle.
b. The public officer commits technical malversation. b. The proper charge against the offender
should be qualified carnapping or carnapping in
c. The public officer commits the ·crime of failure an aggravated form.
of accountable or responsible officer to render
accounts. c. The proper charge against the offender
should be carnapping and homicide.
d. The public officer commits the crime of failure
to make delivery of public funds or property. d. The proper charge against the offender
should be robbery with homicide.
71. AA knowingly and willfully induced BB to swear
falsely. BB testified as told in a formal hearing of an 73. Conspiracy to commit felony is punishable
administrative case under circumstances rendering only in cases in which the law specifically provides
him guilfy of perjury. Is AA criminally liable? a penalty therefor. Under which of the following
a. AA is not criminally liable because his act instances are the conspirators not liable?
constitutes subornation of perjury which is. not a. Conspiracy to commit arson.
expressly penalized in the Revised Penal Code.
b. Conspiracy to commit terrorism.
b. AA is not criminally liable because he was
not the one who gave false testimony in the c. Conspiracy to commit child pornography.
administrative case.
d. Conspiracy to commit trafficking in persons.
c. AA is not criminally liable because the witness
suborned testified in an administrative case only. 74. With intent to cause damage, AAA delibe-
d. AA is criminally liable for perjury as principal rately set fire upon the two-storey residential house of
by inducement with BB as the principal by direct his employer, mostly made of wooden materials. The
participation. blaze spread and gutted down seven neighboring
houses. On the occasion of the fire, six (6) persons
SET B
sustained burn injuries which were the direct cause of 2012 BAR EXAMINATIONS
their death. What crime was committed by AAA?
CRIMINAL LAW
a. AAA committed the complex crime of arson Set B
with multiple homicide.
ESSAY -TYPE QUESTIONS
b. AAA committed arson and multiple homicide.
c. AAA committed simple arson.
d. AAA committed arson and multiple murder. a. What are the elements of the crime of bigamy?
(5%)
75. What crime is committed by a utility worker ANSWER:
in government who destroys office flies as an act of
revenge against his supervisor? The elements of bigamy are (1) the offender has
been legally married; (2) the first marriage has not
a. The utility worker commits infideUty in the been legally dissolved; (3) the offender contracts g
custody of papers. subsequent marriage; (4) the subsequent marriage
b. The utility worker commits malicious mischief. would have been valid had it not been for the
existence of the first.
c. The utility worker commits estafa by removing,
concealing or destroying office files. b. If you were the judge in a bigamy case
where the defense was able to prove that the first
d. The utility worker commits crime involving
marriage was null and void or a nullity, would you
destruction.
render a judgment of conviction or acquittal?
Explain your answer. (2%)
• NOTHING FOLLOWS -
ANSWER:
Conviction is proper. As long as the previous
marriage was not lawfully dissolved or judicially
declared null and void, the offender, by contracting
a subsequent marriage is guilty of bigamy. Proof that
the first marriage is null and void is immaterial.
119
SET B
Assuming the existence of the first marriage reduction of penalty and offsetting against aggra-
when accused contracted the second marriage and vating circumstance/s. (5%)
the subsequent judicial declaration of nullity of the
second marriage on the ground of psychological ANSWER:
incapacity, would you render a judgment of
Under Art. 64 of the RPC, the presence of mitigating
conviction or acquittal? Explain your answer. {3%)
circumstances, if not offset by aggravating circum-
stance, has the effect of applying the divisible penalty in
ANSWER:
the minimum. Under Arts. 68 and 69, the presence of a
Conviction is proper. The subsequent declaration privilege mitigating has the effect of reducing the
of the nullity of the second marriage on the ground of penalty by 1 or 2 degrees lower. Another notable distinc-
psychological incapaclty will not offect the criminal tion is that ordinary mitigating circumstance can be
liability of the offender. To rule otherwise would create offset by aggravating circumstances. Such is not the
a dangerous precedent in that married persons can case in a privilege mitigating circumstance.
knowingly ensure a flawed marriage to evade the
consequences of criminal liability for bigamy. Ill
II a. ls the crime of theft susceptible of commission

in the frustrated stage? Explain your answer in relation
a. What is a privileged mitigating circumstance? to what produces the crime of theft In its
(5%) consummated stage and by way of illustration of the
subjective and objective phases of the felony. (5%)
ANSWER:
ANSWER:
A privilege mitigating circumstance affects the
imposition of the penalty as to degree. Examples of There is no crime of Frustrated Theft and this is
PMC are incomplete self-defense, minority. Also, when well-settled in the case of Valenzuela v. People. In that
the crime committed is attended by 2 or more OMC case, the SC held that unlawful taking/Asportacion, is
and there is no aggravating circumstances, and when the deprivation of the one's personal property, is also
the penalty provided by law is a divisible penalty, the the element which produces Consummated Theft.
attendant OMC will also be considered PMC. This is deemed complete from the moment the
offender gains possession of the thing belonging to
b. Distinguish a privileged mitigating circumstance another. Without asportacion, there can only be
from an ordinary mitigating circumstance as to attempted theft. That being the case, the crime of
theft cannot be committed in the frustrated stage.
SET B
b. What are the constitutional provisions limiting In this case, there are l O men who hijacked the
the power of Congress to enact penal laws? (5%) van, and 2 were armed. Thus, they may be charged
with highway robbery under PD 532.
ANSWER:
b. If you were the defense counsel, what are
l. The law must not be an ex post facto law; 2.
the elements of the crime of highway robbery that
The law cannot provide punishment without judicial
the prosecution should prove to sustain a
proceedings: 3. The law must not impose inhumane,
conviction? (5%)
cruel punishment; 3. The due process of law must be
upheld at all times
ANSWER:
IV The following elements must be proved;

l. Intent to gain; 2. Unlawful taking of another
A postal van containing mail matters, Including person's property; 3. Violence against or intimidation
checks and treasury warrants, was hijacked along a of persons; 4. Crime committed on a Philippine
national highway by ten (1 O} men, two (2) of whom highway.
were armed. They used force, violence and intimi-
dation against three (3) postal employees who were
occupants of the van, resulting in the unlawful taking V
and asportation of the entire van and its contents.
a. Who is an accomplice? (5%)
a. If you were the public prosecutor, would you
charge the ten ( 10) men who hijacked the postal van ANSWER:
with violation of Presidential Decree No. 532, otherwise An accomplice are persons, who not being a
known as the Anti-Piracy and Anti-Highway Robbery principal, cooperate in the execution of the offense
law of 1974? Explain your answer. (5%) by previous or simultaneous acts.
ANSWER:
b. Distinguish an accomplice from a conspirator
As a public prosecutor, I would charge the l 0 as to their knowledge of the criminal design of the
men/hijackers with violation of PD 532. Highway principal, their participation, the penalty to be
robbery under PD 532 is committed by any person, imposed In relation to the penalty for the principal,
in any Philippine highway, who takes away the and the requisites/elements to be established by the
property of another by means of violence against prosecution in order to hold them criminally responsible
or intimidation of person or force upon things.
SET B
for their respective roles in the commission of the VI

crime. (5%)
a. What is the fundamental principle in applying
ANSWER: and interpreting criminal laws, including the Indeter-
minate Sentence Law? (5%)
As to knowledge of the criminal design of the
principal, accomplices come to know the criminal ANSWER:
plan after the principals have reached the decision
to commit it and they agree to cooperate in its When in doubt rule for the accused. This is in
execution. Conspirators know the criminal design line with the constitutional guarantee that the
because they decided upon such design. accused is to be presumed innocent unless his guilt
is established.
As to participation, accomplices perform acts
not essential to the commission ·of the crime while
b. How is the Indeterminate Sentence Law applied
conspirators are the main perpetrators of the crime.
In imposing a sentence? (5%)
As to the penalty imposed in relation to the
penalty of the principal, accomplices are meted the ANSWER:
penalty one degree lower than that of a principal, The court shall sentence the accused, the
conspirators, in cases where the law specifically maximum term of which shall be that which, in view
provides a penalty therefor, are meted the same of the attending circumstances could be properly
penalty as principals. imposed under the rules, and the minimum which
As to requisites, an accomplice 1. knows the shall be within the range of penalty next lower than
criminal design and concurs with its purpose; and 2. that prescribed by the RPC for the offense. As for
he performs previous and simultaneous acts not crimes under the SPL, the maximum and minimum
indispensable to the accomplishment of the crime. terms shall not exceed that which is fixed by law.
Conspirators are l . Two or more persons who come
to an agreement, 2. Regarding the commission of VII
. the crime, and 3. They decide to commit it.
a. Who are brigands? (5%)
ANSWER:
Brigands are band of robbers (at least four
armed men) whose purpose is to commit robbery in
CRIMINAL LAW CRIMINAL tAW
SET B
the highway or kidnapping for ransom or other ANSWER:

purpose by means of force or violence.
Habitual Delinquent is one who within a period of
10 years from his last convlcfion or release shall have
b. Disfinguish brigandage from robbery in band as been found guilty of any of these crime such as Serious
to elements, purpose of the of ender and agreement
and Less Serious Physical injuries, Estafa, Robbery Theft
among the offenders. (5%) and falsificqfion for the third time or oftener.
ANSWER:
b. Disfinguish habifual delinquency from recidivism
As to elements, in brigandage, there are at least as to the crimes committed, the period of time the
4 persons who form a band of robbers whose crimes are committed, the number of crimes committed
purpose is to commit robbery in the highway or and their effects in relation to the penalty to be
kidnapping for ransom or other purpose by means of imposed on a convict. (5%)
force or violence. There is robbery in band when
more than 3 armed malefactors take part 'in the ANSWER:
commission of robbery. ·
As to crimes committed, in recidivism, the crimes
As to purpose, in brigandage, purpose is to are embraced in the same title of the RPC. In HD, the
commit robbery in the highway or kidnapping for crimes are limited to Serious and Less Serious Physical
ransom or other purpose by means of force or injuries, Estafa, Robbery Theft and falsification.
violence. In robbery in band, the purpose is to commit
As to period of time, in recidivism, accused was
robbery anywhere not necessarily in a highway.
convicted of the l st crime by final judgment at the
As to agreement, in brigandage, the agreement time of the trio_! of the 2nd crime. In HD, accused was
by the band of robbers (at least four armed men} convicted within 10 years after conviction or release.
whose purpose is to commit robbery in the highway or
As to number of crimes committed, in recidivism,
kidnapping for ransom or other purpose by means of
there must -be at least 2 'crimes committed, in HD, at
force or violence; In robbery in band, the agreement
least 3 crimes are committed.
is to commit a particular robbery.
As to effects in the penalty, recidivism is a generic
VIII aggravating circumstance, the penalty applied to the
2nd crime committed will be imposed in the maximum
a. Who is a habitual delinquent? (5%) unless offset by mitigating circumstances. HD is a
special aggravating circumstance, additional penalty
will be imposed, not subject to the offset rule.
SET B
IX of the offense, the essential element of each of the

stages of execution and the manner of committing
a. Define conspiracy. (5%) such international felony as distinguished from felony
committed through reckless imprudence. (5%) ·
ANSWER:
ANSWER:·
When 2 or more persons come to an agreement
concerning the commission of a fefony and decide to Homicide can be committed in 3 stages,
commit it. attempted, frustrated and consummated. Intent to kill
is a requisite in all 3 stages. If death results, intent to kill
b. Distinguish by way of illustration conspiracy as is presumed. The crime committed is consummated
a felony from conspiracy as a manner of incurring homicide. If death is a result of a reckless act, the
liability in relation to the crimes of rebellion and crime is reckless imprudence resulting in homicide. But
murder. (5%) if the victim did not die as a result of wounds caused
by malicious acts, intent to kill must be established by
ANSWER: the prosecution. If intent to kill is proven, the crime
There is conspiracy to commit rebellion if X and Y committed becomes attempted or frustrated
conspired to overthrow the government because homicide as the case may be. If intent to kill is not
conspiracy to commit rebellion is punishable under the proven there is only physical injuries.
RPC. If X and Y indeed committed rebellion, they are If the offender attempted to inflict non-mortal
both liable for rebellion but will not be charged with wounds to the victim, with intent to kill, the offender
conspiracy to commit rebellion since they committed commenced an overt act to commit homicide and
what they conspired, conspiracy in that case will be the crime committed is attempted homicide if he
considered as a manner of incuning liability. failed to kill the victim by reason of some cause or
\
accident other than his own spontaneous desistance.

If X and Y conspired to kill Z, conspiracy is not
punishable. There is no such crime. If pursuant to the If the offender with intent to kill inflicted mortal wounds
conspiracy to commit homicide, X held the hands of Z to the victim, he is considered to have performed all
acts of execution which would produce homicide.
and Y stabbed Z, X and Y are liable for homicide.
There is frustrated homicide if death does not result
despite the mortal character of the wound due to
X cause independent of the will of the perpetrator or
consummated homicide if death results.
a. Explain and illustrate the stages of execution of
the crime of homicide, taking into account the nature
r.
i
130 BAR Q & A 2009-2019
CRIMINAL LAW
b. AA was arrested for committing a bailable 2013 BAR EXAMINATIONS

offense and detained in solitary confinement. He was
able to post bail after two (2) week$ of defection. ESSAY QUESTIONS
During the period of detention, he was not given any
food. Such deprivation caused him physically I.
discomfort. Whet crime, if any, was committed in
connection with the solitary confinement and food Bruno was charged with homicide for killing the
deprivation of AA? Explain your answer. (5%) 75-year old owner of his rooming house. The
prosecution proved that Bruno stabbed the owner
ANSWER: causing his death; and that the killing happened at
10 in the evening in the house where the victim and
Violation of the Anti-Torture Law was committed Bruno lived. Bruno, on the other hand, successfully
considering that food deprivation and solitary proved that he voluntarily surrendered to the
confinement constitute physical and psychological authorities; that he pleaded guilty to the crime
tortures under R.A. No. 9745. charged; that it was the victim who first attacked and
pid so without any provocation on his (Bruno's) part,
*Answers in 2012 Bar 'Questions were suggested but he prevailed because he managed to draw his
by: Atty. Glenna Marie M. Dela Cruz, one of the knife with which he stabbed the victim. The penalty
successful examinees of the 2012 Bar Examinations. for homicide is reclusion temporal.
Assuming a judgment of conviction ·and after
considering the attendant circumstances, what
- NOTHING FOLLOWS -
penalty should the judge impose? (7%)
ANSWER:
Bruno should be sentenced to an indeterminate
sentence penalty of arresto mayor in any of its period to
prision correccional in its medium period as maximum.
Bruno was entitled to two privileged mitigating
circumstances of incomplete self-defense and the
presence of at least two ordinary mitigating
131
CRIMINAL LAW
circumstances (voluntary surrender and plea of the crime of rape. The taking of Mildred with the
guilt) without any aggravating circumstance under intention to sexually abuse her is a necessary mean
Art. 69 and 64(5) of the RPC respectively, which to commit the crime of rape. A complex crime of
lowers the prescribed penalty for homicide which is Forcible abduction with rape shall not give rise when
reclusion temporal to prision correccional. the primordial intention of the offenders is to have
sexual intercourse with the offended party.
II. With regard to Lucio, he shall be only be liable
as an accomplice as there is no showing that he
While walking alone on her way home from a
also had carnal knowledge with Mildred.
party, Mildred was seized at gun point by Felipe
and taken on board a tricycle to a house some
distance away. Felipe was with Julio, Roldan, and Ill.
Lucio, who drove the tricycle.
Modesto and Abelardo are brothers. Sometime in
At the house, Felipe, Julio, and Roldan August, 1998 while Abelardo was in his office, Modesto,
succeeded in having sexual intercourse with Mildred together with two other men in police uniform, came
against her will and under the threat of Felipe's gun. with two heavy bags. Modesto asked Abelardo to
Lucio was not around when the sexual assaults took keep the two bags In his vault until he comes back to
place as he left after bringing his c;olleagues and get them. When Abelardo later examined the two
Mildred to their destination, but he returned everyday bags, he saw bundles of money that, in his rough count,
to bring food and the news in town about Mildred's could not be less than PS Million. He kept fhe money
disappearance. For five days, Felipe, Julio and inside the vault and soon he heard the news that a
Roldan kept Mildred in the house and took turns in gang that included Modesto had been engaged in
sexually assaulting her. On the 6th day, Mildred bank robberies. Abelardo, unsure of what to do under
managed to escape; she proceeded immediately to the circumstances, kept quiet about the twq bags in his
the nearest police station and narrated her ordeal. vault. Soon after, the police captured, and secured a
confession from, Modesto who admitted that their loot
What crime/s did Felipe, Julio, Roldan, and Lucio had ·been deposited with Abelardo.
commit and what was their degree of participation?
(7%) What is Abelardo's liability? (7%)
ANSWER: ANSWER:
Felipe, Julio and Roldan are liable for the crime Abelardo is not criminally liable as he was not
of Rape. They all acted in conspiracy in carrying out aware that Modesto committed a crime when he was
CRIMINAL LAW
asked by Modesto to keep the bags. Even if he can be sentenced, he was already 21 years old. The court
considered as an accessory under Art. 19(2) of RPC, sentenced him to suffer an indeterminate penalty of
Abelardo is not liable, being the brother of Modesto as imprisonment of six (6) years and one (1) day of
he is exempted under Art. 20, RPC, being Modesto' prision mayor, as minimum, to seventeen (17) years
and four (4) months of reclusion temporal, as
IV. maximum, and a fine of P500,000. Michael applied for
probation but his application was denied because the
In her weekly gossip column in a tabloid, Gigi probation law does not apply to drug offenders under
wrote an unflattering article about Pablo, a famous R.A. 9165. Michael then sought the suspension of his
singer, and his bitter separation from his wife. The sentence under R.A. 9344 or the Juvenile Justice and
article portrayed Pablo as an abusive husband and Youth Welfare Code.
caused him to lose lucrative endorsement contracts. Can. Michael avail of the suspension of his
Pablo charged Gigi with libel. In her defense, Gigi sentence provided under this law? (7%)
countered that she did not commit libel because
Pablo has attained the status of a public figure so that ANSWER:
even his personal life has become a legitimate
subject of public interest and comment. Michael is entitled to suspension of sentence
until he reaches 21 years old as long as he
Is Gigi correct? (7%) committed the offense when he was still a minor.
(Section 40, R.A. 9344. The benefit is applicable to
ANSWER: said minor offenders whether the act committed is
The contention of Gigi is not correct. A public punishable under the Revised Penal Code or a
figure can also be an offended party if it can be Special law such as violation of R.A. 9165.
shown that the statement is made by one who acted
without good motives and justifiable end. The article VI.
showing that Paolo is an abusive husband caused him
damage such as losing his endorsement contracts. Roberto bought a Toyota Fortuner from Inigo for
PS00,000. While driving his newly-bought car, Roberto
V. met a minor accident that made the examination of
his vehicle's Registration Certificate necessary. When
Michael was 17 years old when he was charged the policeman ct:,ecked the plate, chassis and motor
for violation of Sec. 5 of R.A. 9165 (illegal sale of numbers of the vehicle against those reflected in the
prohibited drug). By the time he was convicted and Registration Certificate, he found the chassis and
CRIMINAL LAW
motor numbers to be different from what the Regis- In class the following day, Mariano approached
tration Certificate stated. The Deed of Sale covering Miss Reyes and without any warning, slapped her on
the sale of the Fortuner, signed by liiigo, also bore the the face. Mariano would have inflicted grave injuries
same chassis and motor numbers as Roberto's Regis- on Miss Reyes had not Dencio, another student,
tration Certificate. The chassis and motor numbers on intervened. Mariano then turned his ire on Dencio
the Fortuner were found, upon verification with the and punched him repeatedly, causing him injuries.
Land Transportation Office, to correspond to a vehicle
previously reported as carnapped. What crime or crimes, if any, did Mariano
commit? (7%)
Roberto claimed that he was in good faith;
Inigo sold him a carnapped vehicle and he did not ANSWER:
know that he was buying a cornapped vehicle. Mariano is liable for two counts of direct assault.
If you were the prosecutor, would you or would First, when he slapped Miss Reyes, who is a person in
you not charge Roberto with a crime? (7%) authority expressly mentioned in Art. 152 of the RPC,
who was in the performance of her duties on the day
ANSWER: of the commission of the assault. Second, when he
repeatedly punched Dencio, who became an
Roberto may be liable for violation of Anti-
agent of the person in authority when he came to
Fencing for buying the vehicle which is a subject of the aid of a person in authority, Miss Reyes (Celig v.
thievery. P.D 1612 is a special law where good faith is
People, G.R. No. 173150, July 28, 2010)
not a defense. Buying less than the actual amount of
an item creates a presumption that he knows the
item to be a subject of Robbery or thievery. Mere VIII.
possession of the thing stolen is a prima facie
evidence of violation of the said special law. William is the son-in-law of Mercedes who owns
several piec~s of real property. In 1994, William's wife,
Anita; died. In 1996, William caused 'the preparation of
VII-. a Special Power of Affomey (SPA) giving him the
authority to sell two (2) parcels of land registered in the
Miss Reyes, a lady professor, caught Mariano, one
name of Mercedes. The signature of Mercedes in the
of her students, cheating during an examination. Aside
SPA was forged and, through this forged SPA and
from calling Mariano's attention, she confiscated his
without the consent and knowledge of Mercedes,
examinatton booklet and sent him out of the room,
William succeeded in selling the two (2) parcels for
causing Mariano exireme embarrassment.
Php 2,000,000. He pocketed the proceeds of the sale.
CRIMINAL LAW
Mercedes eventually discovered William's _comply. Roman then tied Wendy's hands to her bed
misdeeds and filed a criminal complaint. William was and sexually assaulted her five (5) times that night.
subsequenfly charged with estafa through falsification
Roman was charged with, and was convicted of,
of public document.
five (5) counts of rape, but the judge did not impose
Was the criminal charge proper? (7%) the penalty of reclusion perpetua for each count.
Instead, the judge sentenced Roman to 40 years of
ANSWER: imprisonment on the basis of the three-fold rule.
Yes, William may be charged with Estafa through Was the judge correct? (7%)
Falsification of Public Document by forging the SPA
and consequently selling the parcels of land owned ANSWER:
by Mercedez without the latter's authority. While he
No, the three-fold rule is applicable only in
may be exempted from criminal liability for crimes of
connection with the service of the sentence not in
Theft, Estafa and Malicious Mischief under Article 334
the imposition of the proper penalties. The court
of the RPC, a complex crime of Estafa through
must impose all penalties for all the crimes for which
Falsification is not included. Moreover, the death of his
the accused have been found guilty.
wife, Anita, terminated his relationship with Mercedez
as a son-in-law to exempt him from criminal liability Thus, the court should not make a computation
arising from the commission of these crimes. in it decision and sentence the accused to not
more than the three fold of the most severe of the
IX. penalties imposable. The computation under the
three-fold..,rule is for the Director of Prisons to make.
Roman and Wendy are neighbors. On Valen-
tine's Day, without prior notice, Roman visited Wendy X.
at her condo to Invite her to dinner, but Wendy turned
him down and abruptly left, leaving her condo door Frank borrowed Pl ,000,000 from his brother Eric.
unlocked. Roman attempted to follow, but appeared To pay the loan, Frank issued a post-doted check to
_to have second thoughts; he simply went back to be presented for payment a month after the tran-
Wendy's condo, let himself in, and waited for her saction. Two days before maturity, Frank called Eric
return. On Wendy's arrival later that evening, Roman telling him he had insuffident funds and requested
grabbed her from behind and, with a knife in hand, that the deposit of the check be deferred. Never-
forced her to undress. Wendy had no choice but to theless, Eric deposited 1he check and it was dishonored.
When Frank failed to pay despite demand, Eric filed a
I
CRIMINAL LAW
complaint against him for violation of Batas Pam- What advice will you give the Senator from the
bansa Big. 22 (The Bouncing Checks Law). point of view of criminal law, taking into account the
purpose of imprisonment (7%) and considerations gt
Was the charge brought against Frank correct?
ethics and morality (3%)?
(7%)
ANSWER:
ANSWER:
Frank is liable for violation of BP 22 for issuing a I would advise Senator Salcedo not to file the
worthless check. The gravamen of the offense is the said bill. First, the bill is unconstitutional as it violates
issuance of a worthless check for value or conside- the equal protection clause of the Constitution. It will
ration and that after the same was dishonored by the create economic inequality in our criminal justice
drawee bank, the offender fails to pay the value of system. Rich prisoners will enjoy better amenities and
the check or make arrangement for payment privileges than those who are poor. Second, the bill
thereof after actual receipt of the notice of dishonor. will defeat the purpose of penalties in criminal law,
which is to secure justice, retribution, and reformation
XI.
Assume that you are a member of the legal staff of

Senator Salcedo who wants to tile a b111 about
imprisonment at the National Penitenfiary in Munttn-
lupa. He wonts to make the State prison a revenue
earner for the country through a law providing for
premium accommodations for prisoners (other than
those under maximum security status) whose wives are
allowed conjugal weekend visits, and for those who
want long-term premium accommodations.
For conjugal weekenders, he plans to rent out
rooms with hotel-like amenities at rates equivalent to
those charged by 4-star hotels; for long-term occu-
pants, he is prepared to offer room and board with special
meals in air conditioned single-occupancy rooms, at rates
equivalent to those charged by 3-star hotels.
l
2013 BAR EXAMINATIONS 143
MULTIPLE: CHOICE QUESTIONS Ill. Passion or obfuscation may be appreciated

- - - ~ · (0.5%)
I. The acquittal of an accused shall bar the civil
(A) if it arises from Jealousy in an amorous relation-
action arising from the crime where the judgment
ship between a married man and a single woman
of acquittal holds that _ _ _ _• (0.5%)
(8) if it arises from jealousy of a man who has
(A) the acquittal is based on reasonable doubt been living-in with the woman for the past 20 years
(B) the liability of the accused Is not criminal (C) if if arises from jealousy with immoral, lustful
but civil in nature and vindictive sentiments of the offender against
(C) the civil liability does not arise from or is not the victim ·
based on the criminal act for which the accused (D) in none of the above situations
has been acquitted
(D) the accused did not commit the act IV. Who among the following accused is entitled
imputed to him to a privileged mitigating circumstance that would
lower the imposable penalty by one degree? (0.5%)
II. Subsidiary liability may be imposed on the
{A) A minor above 15 years old and below 18
following, except _ _ _ _ . (0.5%)
years old who acted with discernment.
(A) innkeepers, in relation to the crime (B) One who, in fulfillment of his duty to carry
committed in their establishment out the warrant of arrest of a fugitive, shot the
(8) employers engaged in industry~ for the fugitive to death without ascertaining his identity.
crime committed by their employees (C) One who defended himself against an
(C) parents of minors who act with discernment unlawful aggression but used unreasonable
in committing crimes _ means and gave provocation.
'
(D) hospital adminiitrators or owners, for crimes (D) All of the above.
committed by their hospital nurses
V. 'Conspiracy to commit a felony is punishable
only in cases where the law specifically provides a
penalty. Which of the following combinaflons contain
specific felonies under the Revised Penal Code? (0.5%)
I
I
144 BAR Q & A 2009-2019 2013 BAR EXAMINATIONS

CRIMINAL LAW
145
(A) Conspiracy to commit treason, conspiracy to (A) when the death of the accused occurred
commit rebellion, conspiracy to commit coup d'etat, before conviction
conspiracy to commit misprision of treason.
(B) when the death of the accused occurred
(B) Conspiracy to commit rebellion, conspiracy after conviction and after he has perfected his
to commit coup d'etat, conspiracy to commit appeal from conviction
treason, conspiracy to commit sedition.
{C) when the death of the accused occurred
(C) Conspiracy to commit rebellion or insurrection, during the pendency of his appeal
conspiracy to commit sedition, conspiracy fo commit
illegal assemblies, conspiracy to commit treason. (D) when the death of the accused occurred
after final judgment
(D) Conspiracy to commit treason, conspiracy to
commit sedition, conspiracy to commit terrorism. (E) None of the above.
(E) None of the above. VIII. Compelling the pilot of an aircraft of Philippine
Registry to change its desffnafion is _ _ _. (0.5%)
VI. Choose the correct circumstance when a
woman may be held liable for rape: (0.5%) (A) grave coercion
(A) With the use of force or intimidation. (B) a violation of the Anti-Hijacking Law or R.A.
No. 6235
(S) When the rape Is committed by two or more
persons. {C) grave threats
(C) When the offender uses an instrument and (0) a violation of the Human Security Act of
inserts it m the mouth of the victim. 2007 or the Anti-Terrorism Law
· {E) All of the above.
(D) When she befriends and puts a sleeping plll
in the victim's drink to enable her husband to
have intercourse with the victim. IX. Choose from the list below the correct
principle in considering "motive". (0.5%)
VII. The death of the accused extinguishes his
criminal liability but civil liability Is not extinguished. (A) If the evidence is merely circumstantial,
proof of motive Is essential.
(0.5%)
I
146 BAR Q & A 2009-2019
CRIMINAL LAW
(B) Generally, proof of motive is not necessary Anthony One Million Pesos (Pl ,000,000) plus 12%
to pin a crime on the accused if the commission interest, on or before June 30, 2011.
of the crime has been proven and the evidence
of identification is convincing. If Ben died before the promissory note's due date
and Anthony still collected Pl ,000,000 with interest from
(C) Motive is important to ascertain the truth Ben's estate, what crime/s did Anthony commit? (1 %)
between two antagonistic theories.
(D) Motive is relevant if the identity of the
(A) Falsification of a public document.
accused is uncertain. (8) Falsification of a private document and estafa.
(E) All of the above are correct. (C) Estate.
(D) Estafa thru falsification of a private document.

X. Luis was sentenced to prision mayor and to
pay a fine of PS0,000, with s~bsidiary imprisonment in {E) None ofthe above.
case of in solvency. Is the sentence correct? (0.5%)
XII. Out of spite and simply·intending to put Gina
(A) Yes, because Luis has no property to pay for
to shame for breaking off with him, Ritchie emptied a
the fine, so he must suffer the equivalent imprison-
gallon of motor oil on the school's stairway where Gina
ment provided by law in lieu of fine.
usually passed. Gina, unaware of what Ritchie did,
(B) No, because subsidiary imprisonment is used the slippery stairway and slipped, hitting her
applicable only when the penalty imposed is head on the stairs. Gina died from brain hemorrhage.
prision correccional or below.
What crime did Ritchie commit? (1 %)
(C) Yes, because the sentence says so.
(AJ Murder.
(D) No, because the subsidiary imprisonment is
applicable only when the penalty imposed is (B) Reckless imprudence resulting in homicide.
limited to a fine. (C) Homicide.
(E) None of the above. (D) Impossible crime of homicide.
(E) None.
XI. Anthony drew a promissory note and asked
his teminally-111 and dying business partner Ben to
sign it. The promissory note bound Ben to pay XIII. Santos was sentenced to suffer imprisonment
in three separate judgments: 6 months and 1 day to 4
l
CRIMINAL LAW
years for attempted homicide; 6 years and 1 day to 8 (A) Alarms and scandals because her act of
years for frustrated homicide; and 6 years and 1 day swimmmg naked disturbs the public tranquility.
to 20 years for homicide. After his 20th year in the
(B) Grave scandal because she committed highly
National Penitentiary, Santos filed a petition for habeas
scandalous acts that are offensive to decency or
corpus claiming that he had fully served his sentence
good customs.
of 20 years and should therefore be immediately
released from imprisonment. (C) Immoral doctrines, obscene publications
and exhibitions, and indecent shows under Article
Was Santos correct? (1%)
201 of the Revised Penal Code, because her act of
(A) Yes, because he served his sentences swimming naked is akin to an indecent live show.
simultaneously so that his 20 years of Incarceration (D) Amelia did not commit any crime because
was sufficient. the swimming pool is located in her private home.
(B) No, because multiple sentences are served
successively not simultaneously. XV. After drinking a bottle of Jock Daniels, Jonjon
drove his BMW sports car at high speed, rammed into
( C) No, only penalties other than imprisonment a group of crossing pedestrians, and hit a traffic light
can be served simultaneously. post. The Incident caused the death of one (1)
(D) Yes, because after he has served the mini- pedestrian, serious injuries to three (3) others, and the
mum of his penalties, he con now be released. destruction of the traffic light post.
If you were the prosecutor, what would you
XIV. Amelio, a famous actress, bought the pent- charge Jonjon? (1 %)
house unit of a posh condominium building in Toguig
City. Every night, Amelia would swim naked in the {A) Homicide with serious physical injuries
private, but open air, pool of her penthouse unit. It must through simple negligence.
have been obvious to Amelia that she could be seen
(B) Damage to property, serious physical Injuries
from nearby buildings. In fact, some residents occu-
and homicide through reckless negligence.
.pying the higher floors of the nearby residential buil-
dings did indeed entertain themselves and their friends (C) Simple negligence resulting In damage to
by watching her swim in the nude from their windows .. property, serious physical injuries and homicide.
What crime did Amelia commit? {1%) (D) Reckless imprudence resulting in homicide,
serious physical injuries and damage to property.
CRIMINAL LAW
XVI. On June 1, 2011, Efren bought a used top.of• (B) Yes, because the statement casts aspersion on
the-line Mercedes Benz for 'P7.5 Million from Switik the character, integrity and reputation of Atty. Agreda
Trading. On the same day, he paid P2,500,000 in cash as a lawyer and exposed him to public ridicule.
and issued Switik Trading a check for P5,000,000
dated July 31, 2011. He then brought the car to a (C) Yes, although a court pleading is a privileged
friend's house and hid it in on underground garage. communication, malicious statements that are
The check Efren issued was dishonored for insufficiency irrelevant and impertinent to the issue in the
of funds when presented for payment on due date. pleading may be libelous. ·
Efren was asked to honor and pay the check or to (0) Yes, there was a malicious intent to ridicule
return the car, but he refused. Atty. Agreda as a lawyer.
'
What crime/s did Efren ~ommit? (1%) (E) No, because the statement is in a pleading,
but Atty. Jose can be charged administratively
(A) Carnapping.
for misconduct before the Supreme Court.
(B) Estafa and carnapping.
(C) A violation of BP Big. 22. XVIII. Using his charms. because of his movie
star looks, Phil, in a movie date with Lyn, a 19-year
(D) Estafa and a violation of BP Big. 22. old cofegiala, kissed her on the cheek and stroked
her pubic hair. Lyn shouted for ltielp and Phil was
(E) None of the above. arrested. Phil is liable for _ _ _ _. (1%)
XVII. In his Answer to a complaint, Atty. Jose (A) rape by sexual assault for using his fingers
( counsel for the defendant) stat~d that Atty.
Agrada ( counsel for the plaintiff) is "bobo, inutile, (B) violation of the Anfi-Chifd Abuse Law for las-
civious conduct
good for nothing, stupid, and a menace to clients."
(C) unjust vexation
Can Atty. Jose be held criminally liable for libel?
(1%) (D) acts of lasciviousness
(A) No, because on Answer to a complaint is a (El None of the above.

court pleading where communications made are
privileged; the writer cannot be held liable for libel. XIX. If Rod killed Irene, his illegitimate daughter,
- .
after taking her diamond earrings and forcing her to
152 BAR Q & A 2009-2019
CRIMINAL LAW
have sex with him, what crime/s should Rod be (E) None of the above.
charged with? (1%)
XXI. Judge Talim, upon complaint and application
(A) Robbery end rope with parricide. of the realty corporation Batrnanson, Inc., issued a writ
of preliminary injunction against Darjeeling Ventures,
(B) Robbery, rape and parricide.
Inc., a competitor of Batmanson, Inc., without notice
(C) Rapewith homicide and theft. and hearing.
(D) Rape with homicide. If you were counsel for Darjeeling Ventures, Inc.,
what criminal charge should you file against Judge
(E) None of the above. Talim? (1%)
XX. From an extension line, Ricardo overheard a (A) Rendering a manifestly unjust judgment.
telephone conversation beiween Julito and Atty.
Hipolito. The latter (Atty. Hipolito) was asking money (B) Knowingly rendering on unjust interlocutory order.
from Julito in ~xchange for dropping the extortion (C) Causing undue injury through manifest par-
charge tiled against Julito. Ricardo was charged of tiality under R.A. No. 3019.
violating the Anti-Wire Tapping Act or R.A. 4200.
(D) Bribery.
Under these facts, was there a violation as
(E} None of the above.
charged? (1%)
(A) Yes, because the conversation was private XXII. George, the 20-year old son of a rich
in nature. politician, was arrested at the NAIA arrival lounge
and found positive for opium, a dangerous drug.
(B) Yes, because the conversation was over-
When arrested, 15 grams of cocaine were found in
heard without the consent of the parties, Ju/ito
his backpack.
and Atty. Hipolito.
What offense would you charge George under
(C) No, because what is punishable is intentional
R.A. No. 9160 (Comprehensive Dangerous Drugs
listening to a conversation through a wire.
Act)? (1%)
(D) No, because a telephone extension line is
not the device or arrangement contemplated by (A) Use of dangerous drug.
the law and the use of an extension line cannot
(B) Use and possession of dangerous drugs.
be considered as wire-tapping.
CRIMINAL LAW
(C) Possession of dangerous drugs. Instead of appealing his conviction, Andres filed
an application for probation with the Regional Trial
(D) Importation of dangerous drugs.
Court. Is Andres qualified to avail of the benefits of the
(E) None of the above. probation law? (1 %)
(A) No, because when he filed a notice of

XXIII. During a military uprising aimed at ousting
appeal with the Court of Appeals, he waived his
the duly constituted authorities and taking over the
right under the probation law.
government, General Tejero and his men forcibly
took over the entire Rich Hotel which they used as (B) Yes, because after his appeal, he qualified
their base. They used the rooms and other facilities of for probation as the sentence imposed on him
the hotel, ate all the available food they found, and was less than 6yeors. •
detained some hotel guests.
(C) Yes, because the probation law is meant to
What crime did General Tejero and his men favor the accused.
commit? (1 %)
(D) No, because his previous sentence of more
(A) Rebellion complexed with serious illegal than 6 years disqualified him so that he can ng
detention and estafa. longer avail of probation as an alternative remedy.
(B) Rebellion. (E) None of the above. ·
(C) Coup d'etat. XXV. Juancho owns a small piggery in Malolos,

(D) Terrorism. Bulacan. One Saturday afternoon, he discovered that
all his pigs had dfed. Suspecting that one of his
(E) None of the above_. neighbours had poisoned the pigs, Juancho went
home, took his rifle, went around the neighbourhood,
XXIV. Andres was convicted of frustrated homicide and fired his rifle in the air while shouting, "makaka-
and was sentenced to 6 years and 1 day as mini- tikim so akin ang noglason ng mga baboy ko."
mum, to 8 years of prision mayor as maximum. Andres Barangay officials requested police assistance and
appealed his conviction to the Court of Appeals, Juancho was apprehended. Juancho was charged
which convicted him of attempted homicide, and sen- with and convicted of the crime of alarms and
tenced him to 6 months of arresto mayor as minimum, scandals. Juancho did not appeal his conviction.
to 4years of prision correccional as maximum.
Is Juancho qualified for probation? (1 %)
'
I
156 BAR Q & A 2009-2019
CRIMINAL LAW
(A) Yes, because the penalty for alarms and 2014 BAR EXAMINATIONS
scandals is less than six (6) years.
I.
(B) Yes, because Juancho did not appeal his
conviction. Ms. A had been married to Mr. B for 10 years.
Since their marriage, Mr. B had been jobless and a
(C) No, because the crime of alarms and
drunkard, preferrin_g to stay with his "barkadas" until
scandals carries with it a fine of fl>200.
the wee hours of the morning. Ms. A was the
(D) No, because the crime of alarms a·nd breadwinner and attended to the needs of their three
scandals affects public order. (3) growing children. Many times, when Mr. B was
drunk, he would beat Ms. A and their three (3)
(E) None of the above; children, and shout invectives against them. In· fact,
in one of the beating incidents, Ms. A suffered a deep
wwwwwwwwww stab wound on her fu11"!i11Y that required a prolonged
stay in the hospital. Due to the beatings and verbal
abuses committed against her, she consulted a
psychologist several times, as she was slowly
beginning to lose her mind. One night, when Mr. B
arrived dead drunk, he suddenly stabbed. Ms. A
several times while shouting invectives against her.
Defending herself from the attack, Ms. A grappled for
the possession of a knife and she succeeded. She
then stabbed Mr. 8 several times which caused his
instantaneous death. Medico-Legal Report showed
that the husband suffered three (3) stab wounds. Can
Ms. A validly put up a defense? Explain. (5%)
ANSWER:
Yes, Ms. A is suffering from Battered Woman

Syndrome which excuses her from criminal liability.
157
CRIMINAL LAW
A battered woman syndrome is similar to a justifying Ill.

circumstance despite absence of the requisites
under R.A. 9262. City Engr. A, is the city engineer and the Chairman
of the Bids and Awards Committee (BAC) of the City of
II. Kawawa. In 2009, the City of Kawawa, through an
ordinance,allotted the amount of Pl 00 million for the
Macho married Gonda, a transgender. Macho construction of a road leading to the poblacion. City
was not then aware that Gonda was a transgender. Engr. A instead, diverted the construction of the road
On their first night, after their marriage, Macho leading to his farm. Investigation further showed that he
discovered that Gonda was a transgender. Macho accepted money in the amount of Pl O million each
confronted Gonda and a heated argument ensued. from three (3) contending bidders, who eventually lost
In the course of the heated argument, a fight took In the bidding.
place wherein Gonda got hold of a knife to stab Audit report likewise showed that service vehicles
Macho. Macho ran away from the stabbing thrusts valued at P2 million could not be accounted for
and got his gun which he pointed at Gonda just to although reports showed that these were lent to City
frighten and stop Gonda from continuing with the Engr. A's authorized drivers but the same were never
attack. Macho had no intention at all to kill Gonda. returned. Further, there were funds under City Engr. A's
Unfamiliar with guns, Macho accidentally pulled the custody amounttng to Pl O million which were found to
trigger and hit Gonda that caused the latter's death. be missing and could not be accounted for. In another
What was the crime committed? (4%) project, he was instrumental in awarding a contract for
the construction Qf a city school building costing Pl 0
ANSWER:
million to a close relative, although the lowest bid was PS
Macho committed the crime of Homicide. million. Investigation also revealed that CHy Engr. A has
Macho is liable for all the acts he committed even if a net worth of more than P50 million, which was way
the wrongful act be different from what he intended. beyond his legfflmate income. (8%)
Since death resulted from Macho's · act of
A. If you are the Ombudsman, what charge or
accidentally pulling the trigger of the gun, homicide
charges will you file against City Engr. A?
is committed. Intent to kill is a general criminal intent
which is presumed by law when the victim died. ANSWER:
If I am the Ombudsman, I would file a case of

Plunder under R.A. 7080 against City Engr. A. It is very
CRIMINAL LAW
clear from the facts given that all the elements of long as the wealth amassed/ accumulated is more
plunder are present, namely: than lit50M.
A The offender is a public officer holding a public
office in the Government of the Republic of the IV.
Philippines;
Madam X, a bank teller, received from depositor
B. The offender amassed, accumulated, or Madam Y a check payabl~ to cash in the amount of
acquired ill-gotten wealth through a combination of Pl million, to be deposited to the account of Madam
overt or criminal acts of misuse, misappropriation, Y. Because the check was not a crossed check,
conversion or malversation of public funds, receiving l\!ladam X credited the amount to the account of her
kickbacks from persons in connection with a govern- good friend, Madam W, by accomplishing a deposit
ment contract or project by reason of his office or slip. Seven (7) days after, Madam X contacted her
position and illegally or fraudulentiy conveying or disposing good friend, Madam W and told her that the amount
of assets belonging to the national government or any of Pl million was wrongfully credited to Madam W,
of its subdivisions: and thus, Madam X urged Madam W to withdraw the
amount of Pl million from her account and to turn
C. The aggregate amount or total value of the ill-
over the same to Madam X. As a dutiful friend,
gotten wealth amassed, accumulated, or acquired is
at least P50M Madam W readily acceded. She was gifted by
Madam X with an expensive Hermes bag after the
(B) Suppose the discovered net worth of City · withdrawal of the amount. What crime/s, if any, did
Engr. A ls less than PSO million, will your answer still Madam X and Madam W commit? Explain. (5%)
be the same?
ANSWER:
ANSWER:
Madam X is liable for Qualified Theft for taking
Yes, the answer will be the same since in plunder the money of Madam Y and depositing the some to
the basis is ·the combination of criminal acts or series another account. The possession of Madam X of the
of acts, which constitutes the accumulation of more money is only material or physical possession and
than f!}SOM. thus the taking of the same without the consent of
the owner constitutes the crime of Theft. The taking,
The predicate crimes are already absorbed in being committed with abuse of confidence makes
the crime of plunder. City Engr. A's net worth being it qualified.
less than P50M is not determinative of his liability, as
CRIMINAL LAW
Madam W is likewise liable as an accessory of (A) Violation of R.A. 9262 or Violence Against
the crime committed by Madam X after profiting Women and their Children
from the crime.
(B) Violation of R.A. 7610- Child Abuse Law
V. (C) Light coercion
(D) Acts of lasciviousness
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. VII.
Reporma, a former high-ranking member of the
Communist Party, was charged under the new law for Filthy, a very rich businessman, convinced Loko, a
his membership in the Communist Party when he was clerk of court, to issue an order of release for Takas,
a student in the 80's. He now challenges the charge Ftlthy's cousin, who was In jail for a drug charge. After
against him. What objections may he raise? (3%) receiving P500,000.00, Loko forged the signature of the
judge on the order of release and accompanied
ANSWER: Filthyto the detention center. At the jail, Loko gave the
guard Pl0,000.00 to open the gate and letlakas out.
Reporma may raise the limitations imposed by the
What crime or crimes did Filthy, Loko, and the
1987 Constitution on the power of Congress to enact
guard commit? (4%)
retroactive penal laws which are prejudicial to the
accused. Under the Bill of Rights of the Constitution ANSWER:
such is classified as an ex post facto law. It should be
noted that when Congress decriminalized the crime 1. Filthy is liable of:
of subversion, under R.A. 7637, it obliterated the felony
and its effects upon Reporma. Consequently, charging Delivery of prisoners from Jail, Article 156, RPC,
him now under the new law for his previous mem- because he assisted in the removal of Takas, a
bership in the Communist Party would be cons- detention prisoner, from jail.
titutionality impermissible. Corruption of Public Officials, Article 212, RPC,
because he gave P500,000.00 to the clerk of court,
VI. under circumstances in which said public officer
would be liable of direct bribery.
A was caught peeping through a small hole in
the bathroom door while a young 16-year-old lady Falsification of Public Document, Article 172( l),
was taking a bath. A is liable for: (1%) RPC, as a principal by inducement because he gave
'
f
I
164 BAR Q & A 2009-2019
CRIMINAL LAW
the clerk of court 19500,000.00 to induce him to forge

the signature of the judge in the order of release.
suitors. Having decided that she would become a

165
nun, Pretty turned down all her suitors. Guapo, one of

her most persistent suitors, could not handle rejection
2. Loko is liable of: and one night, decided to accost Pretty as she
Direct Bribery, Article 210, RPC, because he walked home. Together with Pogi, Guapo forced
accepted PS00,000.00 in consideration of the execu- Pretty into his car and drove her to an abandoned
tion of an act which constitutes a crime, i.e.,forging the warehouse where he and Pogi forced Pretty to dance
signature of the judge in the order of release that for them. Later, the two took turns In raping her. After
would enable Takas to get out of jail, in connection satisfying their lusts, Guapo and Pogi dropped her off
with the performance of his duty as a clerk of court. at her house. (4%)
(2) Falsification of Public Document, Article 171, (A) What crime or crimes did Guapo and Pogi
RPC, because he took advantage of his position as commit?
a clerk of court in forging the signature of the judge
ANSWER:
in the order of release.
Delivery of Prisoners from Jail, Article 156, RPC, Guapo and Pogi are liable for Forcible Abduction
because he assisted in the removal of Takas from with rape. The taking of Pretty to another place without
jail by forging the signature of the judge in the in her consent and with lewd desigr.1 constitutes the crime
the falsified order of release. of Forcible Abduction. The subsequent commission of
the crime of Rape is to be complexed with the crime of
3. The guard is liable of: Forcible Abduction with rape.
Direct Bribery, Article 210, RPC, because he (B) Pretty, after the ordeal, decided to take her
agreed to open the gate and let Takas out in consi- own life by hanging herself one hour after the rape.
deration of ~l 0,000.00. Would Guapo and Pogi be liable for Pretty's death?
Explain.
Infidelity in the Custody of Prisoners, Article 223,
RPC, because he, as the custodian of Takes, connived ANSWER:
or consented to his escape by opening the gate.
No, the subsequent death of Pretty by taking
VIII. her own life will only increase the civil liability of
Guapo and Pogi.
Pretty was a campus beauty queen who,
because of her looks and charms, attracted many
CRIMINAL LAW
IX. ANSWER:
A, 8, and C agreed to rob the house of Mr. Oat l 0 The crime committed by A, B and C is Robbery
o'clock in the evening, With Cas 'the driver of the with Homicide. Regardless of the number of persons
tricycle which they would use in going to and leaving killed on occasion of Robbery, the crime committed
the house of Mr. D, and A and 8 as the ones who would is Robbery with Homicide.
enter the house to get the valuables of Mr. D. As
The aggravating circumstance of Dwelling is
planned, C parked the tricycle in a dark place, while A
not to be appreciated when the same is inherent in
and B entered the house thru an open door. Once
the commission of the crime. The use of a motor
inside, A entered the master's bedroom and started
vehicle to get away is however aggravating.
getting all the valuables he could see, while 8 entered
another room. While inside the room, B saw a male
person and immediately B brought out his gun but he X.
accidentally pulled its trigger. The bullet went through
the window, hitting a neighbor that killed him. Loko advertised on the internet that he was
Neighbors were then awakened by the gunfire and looking for commercial models for a TV advertise-
policemen were alerted. Not long after, policemen ment. Gonda, a 16-year-old beauty, applied for the
arrived. A and B panicked and got hold of a young boy project. Loko offered her a contract, which Gonda
and shouted to the policemen who were already signed. She was asked to report to an address which
outside of the house that they would harm the boy if the turned out to be a high-end brothel. Gonda became
policemen did not disperse. A and B demanded that one of its most featured attraction. What is Loko's
they should be allowed to use a vehicle to bring them liability, if any? What effect would Ganda's minority
to a certain place and that would be the time that they have on Loko's liability? (4%)
would release the young boy. The policemen
ANSWER:
acceded. In the meanflme, C was arrested by the
policemen while he was about to flee, while A and B, Loko is liable for Human Trafficking of Persons.
after releasing the young boy, were arrested. (R.A. 9208) Human Trafficking of Persons refers to the
What crime/s did A, -8, and C commit, and what recruitment, transportation, transfer or harboring, or
modifying circumstances attended the commission receipt of persons with or without the victim's consent
of the crime/s? (6%) or knowledge, within or across national borders by
means of threat or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulne-
CRIMINAL LAW
rabillty of the person, or, the giving or receiving of was raped for two w~eks, there was a clear
payments or benefits to achieve the consent of a deprivation of liberty, which constitutes the crime of
person having control over another person for the kidnapping with serious illegal detention. The crime
purpose of exploitation which includes at a minimum, is committed when one kidnaps or detains another,
the exploitation or the prostitution of others or other or in any other manner deprives her of his liberty
forms of sexual exploitation, forced labor or services, and the kidnapping or detention has lasted more
slavery, servitude or the removal or sale of organs. than three days or the victim is a female. Since as a
consequence of the detention, the victim is raped,
Gonda, being a minor makes the offense qualified.
the crime committed is special complex crime of
kidnapping with rape, the resultant crime is only
XI.
one kidnapping with rape.
A, in a public place, fired his gun at B with the
intention of killing B, but the gun did not fire XIII.
because the bullet is a dud. The crime is: (1 %)
Puti detested Pula, his roommate, because Pula
(A) attempted homicide was courting Gonda, whom Puti fancied. One day,
Puti decided to teach Pula a lesson and went to a
(B) grave threat
veterinarian (Vet) to ask for poison on the pretext that
(C) impossible· crime he was going to kill a sick pet, when actually Puti was
Intending to poison Pula.
(D) alarm and scandal
The Vet instantly gave Puti a non-toxic solution
XII. which, when mixed with Pula's food, did not kill
Pula. (4%)
Sexy boarded a taxi on her way home from a
party. Because she was already tipsy, she fell asleep. A.)What crime, if any, did Puti commit?
Pogi, the taxi driver, decided to take advantage of the
ANSWER:
situation and drove Sexy to a deserted place where
he raped her for a period of two (2) weeks. What crime A) Puti committed the impossible crime of
did Pogi commit? (4%) murder. All the elements of ah impossible crime are
present. Puti's act of mixing a solution with Pula's
ANSWER:
food would have been murder, a crime against
The crime committed by Pogi is kidnapping persons. The act was done evil intent which is to kill
and Serious Illegal Detention with rape. Since Sexy Pu/a. However, the crime was not accomplished
CRIMINAL LAW
because of the employment of ineffectual means, benefit wherein the public officer, in his official
i.e., the solution turned out to be non-toxic which capacity, has to intervene under the law. He was
would not kill Pula. And said act would not fall later charged also with indirect bribery under the
under any other provision of the RPC. Revised Penal Code. Malo claims he can no longer
be charged under the Revised Penal Code for the
(B) Would your answer be the same if, as a same act under R.A. 3019. Is he correct?
result of the mixture, Pula got an upset stomach
and had to be hospitalized for 10 days? ANSWER:
ANSWER: A. No. One may be charged with violation of

R.A. 3019 in addition to a felony under the RPC for
B.) No, my answer would not be the same. If as a the same act, either concurrently or subsequent to
result of the mixture, Pula got an upset stomach and being charged with a felony under the RPC. This is
had to be hospitalized for 10 days, the crime com- very clear from Sec. 3 of R.A. 3019. Also, R.A. 3019 is a
mitted by Puti is Less Serious Physical Injuries. It is not an special law, the elements of the crime is not the
impossible crime because the last element of an same as those punished under the RPC.
impossible requires that the act performed should not
(B) Malo was charged with estafa under Article 315
constitute a violation of another provision of the RPC.
•• because he misrepresented that he had influence,
when he actually had none. Is the charge correct?
XIV.
Malo, o clerk of court of a trial court promised

ANSWER:
the accused in a drug case pending before the Yes, estafa is committed by any person who
court, that he would convince the judge to acquit shall ask for money from another for the alleged
him for a consideration of PS million. The accused
purpose of bribing a government employee when
agreed and delivered the money, through his lawyer, in truth the offender intended to convert the
to the clerk of court.
money to his own personai' use and benefit.
The judge, not knowing of the deal, proceeded to
rule on the evidence and convicted the accused. (4%) xv.
A.) Malo was charged with violation of Section
3(b), Republic Act (R.A.) No. 3019, which prohibits a
Which of the following is not a privilege mitigating
circumstance? (1 %)
public officer from directly or indirectly requesting
or receiving any gift, present, share percentage or (A) 17-year-old offender
172 BAR Q & A 2009-2019
CRIMINAL LAW 2014 BAR EXAMINATIONS 173
(B) 14-year-ofd offender

During the preliminary investigation, Mr. Benjie
(C) incomplete self-defense accepted several amounts from Mr. Ed as partial
payments. The wife of Mr. Benjie protested and
(D) incomplete defense of a relative insisted that the complaint should continue despite
the partial payments. On the other hand, Mr. Ed
XVI. counters that no demand letter was earlier sent to
him, that the obligation is merely civil in character
Mr. Benjie Is the owner of a hardware store
and that novation took place when Mr. Benjie
specializing in the sale of plumbing materials. On
accepted the partial payments. Discuss the
February 1, 2014, Mr. Ed, a friend and regular
criminal liability, if any, of Mr. Ed. (6%)
customer of Mr. Benjie, visited the hardware store
and purchased several plumbing materials in the ANSWER:
total amount of PS million. Mr. Benjie readily
accepted Mr. Ed's pqyment of three (3) postdated The charges for violation of BP 22 shall proper
checks in the amount of Pl million Pesos each in as there is showing that notices of dishonor were
view of the assurance of Mr. Ed that the checks will previously sent and received by Mr. Ed. The case
be honored upon presentment for payment. Mr. for estafa however will not proper as the checks
Benjie, as a consequence, immediately delivered issued by Mr. Ed is not the consideration why Mr.
the materials to the house of Mr. Ed. The following Benjie parted with his goods.
day, Mr. Ed went back to Mr. Benjie to tender
another two (2) postdated checks in the amount of XVII.
Pl million each to complete the payment, with the
same assurance that the checks will be honored Pierce Is a French diplomat stationed in the
upon presentment for payment. When the checks Philippines; While on EDSA and driving with an expired
were presented for payment, all were dishonored license, he hit a pedestrian who was crossing
for insufficiency of funds and corresponding n'"otices Illegally. The pedestrian died. Pierce was charged
of dishonor were sent and received by Mr. Ed. One with reckless imprudence resulting in homicide. In his
month after receipt of the notices of dishonor, Mr. defense, he claimed diplomatic immunity. Is Pierce
·Ed failed to make good the checks. Thereafter, Mr. correct? (3%)
Benjie filed before the public prosecutor's office a
complaint against Mr. Ed, although no demand ANSWER:
letter was earlier sent to Mr. Ed.
Yes, Pierce is correct. Pierce, being a French
diplomat stationed in the Philippines, would be
174 BAR Q & A 2009-2019
CRIMINAL LAW
exempt from the general application of our criminal

't
1
ANSWER:
laws, as provided for under laws or treaties of Manolo is liable for Trespassing for entering the
preferential application. house of Tonio without the latter's consent. The crime
of Robbery or Theft cannot be committed because
XVIII. of the absence of intent to gain.
Manolo, an avid art collector, was invited to
XIX.
Tonio's house. There, Manolo noticed a nice painting
that exactly looked like the painting which he Clepto went alone to a high-end busy shop and
reported was stolen from him some years back. decided to take one of the smaller purses without
Manolo confronted Tonio about the painting, but paying for it. Overcame by conscience, she decided
Tonio denied any knowledge, claiming that he to leave her own purse in place of the one she took.
bought the painting legitimately from a friend. Manolo Her act was discovered and Clepto was charged
later proved to Tonio that the painting was indeed the with theft. She claimed that there was no theft, as the
stolen painting. (4%) store suffered no Injury or prejudice because she had
left a purse in place of the one she took. Comment
A.)What crime/s, if any, may Tonio be charged
with? on her defense. (3%)
ANSWER: ANSWER:
The defense is untenable. Injury or prejudice is
Tonio may be held liable for viola.tion of Anti-
an element of the crime of theft. The taking of a
Fencing Law. Mere possession of a stolen property
personal property belonging to another person
which is a proceed or effect of the crime of Robbery
without the latter's consent with intent to gain give
or Thievery is a prima facie evidence of the
commission of the offense. Lack of knowledge is not rise to the crime of Theft.
a valid defense in the violation of a special law.
xx.
(B) Manolo decided to take matters into his
own hands and, one night, broke into Tonio's house Which of the following Is not a qualifying
by destroying the wall and taking the painting. aggravating circumstance? (1 %)
What, if any, would be the liability of Manolo?
(A) treachery
{B) evident premeditation
CRIMINAL LAW
(C) dwelling XXIL
(0) cruelty Mr. Red was drinking with his buddies, Mr.
White and Mr. Blue when he saw Mr. Green with his
XXI. former girlfriend, Ms. Yellow. Already drunk, Mr. Red
declared in a loud voice that if he could not have
During trial for theft in 2014, the prosecution Ms. Yellow, no one can. He then proceeded to the
managed to show that accused AA has also been men's room but told Mr. White and Mr. Blue to take
convicted by final judgment for robbery in 2003, care of Mr. Green. Mr. Blue and Mr. White asked Mr.
but she eluded capture. A subsequent verification Red what he meant but Mr. Red simply said, "You
showed that AA had several convictions, to wit. already know what I want," and then left. Mr. Blue
and Mr. White proceeded to kill Mr. Green and hurt
(1.) In 1998, she was convicted of estafa; Ms. Yellow. (4%)
(2.) In 2002, she was convicted of theft; (A) What, if any, are the respective liabilities of
(3.) In 2004, she was convicted of frustrated Mr. Red, Mr. White and Mr. Blue for the death of Mr.
homicide; Green?
The judge frying the theft case in 2014 is about to ANSWER:·

convict AA. What circumstances affecting the liability
or penalty may the judge appreciate against AA? (4%) Mr. Blue and Mr. White are liable for the death of
Mr. Green as principals by direct participation as they
ANSWER: were the ones who actually executed the crime.
The judge may appreciate the aggravating Mr. Red cannot be held criminally liable as
circumstance of recidivism. A recidivist is one who, at principal by inducement because his statement
the time of his trial for one crime, shall have been that Mr. Blue and Mr. White are to take care of Mr.
previously convicted by final judgment of another Green was not made directly with the intention of
crime embraced ·in the same title of the RPC. procuring the commission of the crime. There is no
Robbery, theft, estafa are crimes against property showing that the words uttered by him may be
embraced in Title Ten of the RPC. The judge may also considered as powerful so as to amount to physicol
appreciate the aggravating circumstance of habi- or moral coercion. Neither is there evidence to
tuality or reiteracion, because there have been two show that Mr. Red has an ascendancy or influence
or more crimes committed for which she has been over Mr. White and Mr. Blue to consider him as a
published, regardless of the degree of penalty. principal by inducement.
CRIM:NAL LAW
B) What, if any, are the respective liabilities of Persons and Crimes against Property under Titles 8
Mr. Red, Mr. White and Mr. Blue for the injuries of and 10 of the RPC; respectively.
Ms. Yellow?
Kidnapping is a crime against Personal Liberty
ANSWER: and Security under Title 9, RPC. Second, even if the
ransom note was not received by Carla's parents,
Mr. Blue and Mr. White are liable as principals the crime of kidnapping and serious illegal detention
by direct participation for the crime of physical for ransom is already consummated.
injuries for hurting Ms. Yellow to the extent of the
Kidnapping for Ransom is committed "when the
injuries inflicted. Having no participation in the
kidnapping or detention is for the purpose of extorting
attack upon Ms. Yellow, Mr. Red would incur no
ransom from the victim or any other person." To
criminal liability.
consummate the crime, it suffices that the purpose is
to extort ransom; it is not necessary that the ransom
XXIII. note be received or that ransom be paid.
Carla, four (4) years old, was kidnapped by Enrique, The Prosecutor cannot file a case of grave
the fricycle driver engaged by her parents to drive her to coercion because the crime committed, as lf
and from school every day. Enrique wrote a ransom note explained above, is kidnapping for ransom. ·
demanding that Caria's parents pay him PS00,000.00
ransom in exchange for her liberly. However, before the XXIV.
ransom note could be received by Caria's parents,
Enrique's hideout was discovered by the police. Coria A, a young boy aged sixteen (16) at the time of
was rescued while Enrique was arrested. The prosecutor the commission of the crime, was convicted when he
considered that the ransom note was never received by was already seventeen (17) years of age for violation
Caria's parents and filed a case of "Impossible crime to of Section 11 of R.A. 9165 or Illegal Possession of
commit kidnapping" against Enrique. Is the prosecutor Dangerous Drugs for which the imposable penalty is
correct? If he is not correct, can he instead file a case of life imprisonment and a fine. Section 98 of the same
grave coercion? (4%) law provides that if the penalty imposed is life
imprisonment to death on minor offenders, the penalty
ANSWER: shall be reclusion perpetua to death. Under R.A. 9344,
a minor offender is entitled to a privilege mffigating
The Prosecutor is not correct. There is no circumstance. (8%)
"Impossible crime to commit kidnapping". First an
impossible crime applies only to Crimes against
CRIMINAL LAW
{A) May the privilege mitigating circumstance of given due course by the court, may A still file an
minority be appreciated considering that the penalty application for probation?
imposed by low is life imprisonment and fine?
A_NSWER:
ANSWER:
Yes. A may still file an application for probation
Yes. As stated above, under Section 98, RA 9165, even if he filed a notice of appeal. Section 42, RA 9344
if the offender is a minor, the penalty of life imprison- provides: "The court may, after it shall have convicted
ment shall be considered as reclusion perpetua. Now and sentenced a cliild in conflict with the law, and
that it has the nomenclature of penalties under the upon application at any time, place the child on
RPC, the modifying circumstances therein may also probation in lieu of service of his/her sentence taking
be applied. Even if reclusion perpetua is a single into account the best interest of the child.
indivisible penalty, the privileged mitigating circum-
stance of minority would still be considered to lower A child in conflict with the law may file an
the imposable penalty. The rule in Article 63, RPC that application for probation at any time, even
if the penalty prescribed by law is a single indivisible l3eyond the period for perfecting an appeal and
penalty, it shall be imposed regardless of mitigating even if the child has perfected the appeal from the
and aggravating circumstance refers only to ordinary judgment of conviction.
mitigating circumstances. (0) If probation is not allowed by the court,
how will A serve his sentence?
(8) Is the Indeterminate Sentence Law applicable
considering that life imprisonment has no fixed
ANSWER:
duration and the Dangerous Drugs Law is malum
prohibitum? If probation is not allowed by the court, the
Yes. The Indeterminate Sentence Law is appli- minor offender shall serve his sentence in agricultural
cable even to special penal laws. Since life imprison- camp or other training facility in accordance with
ment was converted into reclusion perpetua, which Section 51 of RA 9344 as amended.
in tum was graduated to reclusion temporal because
of the privileged mitigating circumstance of minority, XXV.
the Indeterminate Sentence Law is applicable.
Mr. Gray opened a savings account with Bank A
(C) If the penalty imposed is more than six (6) with an initial deposit- of PS0,000.00. A few days later,
years and a notice of appeal was filed by A and he deposited a check for P200,000.00 drawn from
Bank Band endorsed by Mr. White. Ten days later, Mr.
182 BAR Q & A 2009-2019 2014 BAR EXAM/NATIONS 183
CRIMINAL LAW
Gray withdrew the P200,000.00 from his account. Mr. knowledge of the owner. What are the friends of
White later complained to Bank B when the amount Aliable for? (1 %)
of P200,000.00 was later debited to his account, as he
did not issue the check and his signature thereon was "(A) Theft
forged. Mr. Gray subsequently deposited another (B) Malicious mischief
check signed by Mr. White for P200,000.00, which
amount he later withdrew. Upon receiving the amount, (C) Accessories
Mr. Gray was arrested by·agents of the National Bureau (D) Obstruction of Justice
of Investigation (NBI).
Mr. Gray was convicted of estafa and attempted wwwwwroro"&:>'&:>'&:>
estafa, both through the use of commercial documents.
(4%)
A.) Mr. Gray claims as defense that, except for Mr.
White's claim of forgery, there was no evidence
showing that he was the author of the forgery and Mr.
White did not suffer any injuries as to the second check
(attempted estafa). Rule on the defense of Mr. Gray. l
ANSWER:
The defense of Mr. Gray is untenable. The

presumption is he who holds the forged document
is presumed to be the author of the forgery.
XXVI.
A was bitten by a dog owned by a neighbor.

The following day, angered by the incident, A took
the dog without the knowledge of the owner, had if
butchered and cooked the meat. He then invited his
friends to partake of the dish with his friends who
knew fully well that the dog was token without the
2015 BAR EXAMINATIONS to commit and that which he actually committed. But
if these two offenses are both either grave or less
I. grave, since they are produced by one single act, a
complex crime will result.
a) How are felonies committed? Explain each.
(3%) II. Distinguish between ex post facto law and
bill of attainder. (3%)
ANSWER:
ANSWER:
Felonies are committed not only be means of
deceit (dolo) but also by means of fault (culpa). Ex post facto as one of the limitations of the
Congress in enacting penal laws makes an innocent
There is deceit when the act is performed with
act a crime after .the act was committed.
deliberate intent and there is fault when the
wrongful act results from imprudence, negligence, A bill of attainder is a law which inflicts punish-
lock of foresight, or lack of skill. (Art. 3 RPC) ment on a named individual or a group of individuals
without judicial trial.
b) What is aberratio ictus? (2%)
Ill. The Regional Trial Court {RTC) found Tiburcio
ANSWER:
guilfy of frustrated homicide and sentenced him to an
In aberratio ictus or mistake in the blow, the indeterminate penalfy of four years and one day of
offender intending to cause an injury to one person prision correccional as minimum, to eight years of
actually inflicts it on another due to lack of prision mayor as maximum, and ordered him to pay
precision, as far for example when A, intending to actual damages in the amount of 1125,000.00. Tiburcio
kill B, fires his gun to the latter but because of poor appealed to the Court of Appeals which sustained his
aim or lack of precision, he hits C instead, who conviction as well as the penalfy imposed by the
suffers serious physical injury. The offender is liable court a quo. After sixty days, the Court of Appeals
although the wrongful act done be different from issued an Entry of Judgment and remanded the
that which he intended. (Art. 4 RPC) records of the case to the RTC. Three doys thereafter,
Tiburcio died of heart attack. Atty. Abdul, Tiburcio's
In aberratio ictus, two offenses are actually counsel, filed before the RTC a Manifestation with
committed by the offender, that which he intended Motion to Dismiss, informing the court that Tiburcio
died already, and claiming that his criminal liabilify
184
had been extinguished by his demise.
186 BAR Q & A 2009-2019
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A.) Should the RTC grant the Motion to Dismiss .What crime did Procopio commit, and what
the case? Explain. {2.5%)
circumstance attended the case? Explain. (3%)
The motion to dismiss must be denied because the
ANSWER:
Court of Appeals, having issued an Entry of Judgment,
the decision hos become final and executory. The crime committed by Procopio is Death
However, the pecuniary penalty, such' as the civil under Exceptional Circumstance under Article 247 of
liability arising from the crime consisting of actual the Revised Penal Code. Article 247 states that any
damages of ~25,000 survives the death of Tiburcio. legally married person who having surprised his
spouse in the act of committing sexual intercourse
b) Assuming that Tiburcio' s death occurred with another person, shall kill any of them or both of
before the Court of Appeals rendered its decision, them in the act or immediately thereafter, or shall
will you give a different answer? Explain. (2.5%) inflict upon them any serious physical injury, shall
suffer the penalty of destierro. The elements of the
ANSWER:
crime states "with another person" and did not state
that the sexual intercourse must be of the opposite
Yes. The RTC decision must be set aside and the sex. Hence, Procopio may invoked death under
case against Tiburcio must consequently be
exceptional circumstance which has a lesser penalty
dismissed. The demise of Tiburcio which occurred
and which is more favorable to the accused.
before the Court of Appeals rendered its decision
causes his criminal liability, as well as his civil liability ex b) Assuming that Procopio and Blonci were
delicto, to be totally extinguished in as much as there common-law spouses, will your answer be the
is no longer a defendant to stand as the accused, same? .Explain. (2%)
the civil action is instituted therein for recovery of civil
liability ex delicto is ipso facto extinguished. The answer will not be the same. Procopio will
be·liable for Homicide in the instant case but he is
entitled to a mitigating circumstance of passion
IV. Procopio, a call center agent assigned at a
and obfuscation.
graveyard shift, went home earlier than usual. He
proceeded immediately to their bedroom to change V. Dion and Talia were spouses. Dion always
his clothes. To his surprise, he found his wife Bionci in came home drunk since he lost his job a couple of
bed making love to another woman Magna. Enraged, months ago. Talia had gotten used to the verbal
Procopio grabbed a knife nearby and stabbed Bionci, abuse from Dion. One night, in addition to the usual
who died. verbal abuse, Dion beat up Talia. The next morning,
Dion saw the injury that he had inflicted upon Talia
CRIMINAL LAW
and promised her that he would stop drinking and liability for killing her husband since she suffered
never beat her again. However, Dion did not make physical and emotional distress arising from cumu-
good on his promise. Just after one week, he started lative abuse or battery. Battered Woman Syndrome is
drinking again. Talia once more endured the usual akin to a justifying circumstance wherein the victim
verbal abuse. Afraid that he might beat her up again, incurs no criminal or civil liability despite the absence
Talia stabbed Dion with a kitchen knife while he was of the requisites of self-defense.
passed out from imbibing too much alcohol. Talia
was charged with the crime of parricide. VI. Senator Adamos was convicted of plunder.
About one year after. beginning to serve his sentence,
a) May Talia invoke the defense of Battered
the President of the Philippines granted him absolute
Woman Syndrome to free herself from criminal
pardon. The signed pardon states: "In view hereof,
liability? Explain. (2.5%)
and in pursuance of the authority vested upon me by
ANSWER: the Constitution, I hereby grant absolute pardon unto
Adamos, who was convicted of plunder in Criminal
No, there must be at least two battering cycle 11(.· Case No. XV32 and upon whom the penalty of
between the accused and her partner to benefit from reclusion perpetua was imposed." He now comes to
the Battered Woman Syndrome to exonerate her from you for advice. He wants to know if he could run for
criminal liability. Cumulative abuse or battery involves senator in the next election.
the infliction of physical harm resulting to the physical A.) What advice will you give Adamos? Explain.
and psychological or emotional distress. (2.5%)
In this case, there was only one acute battering If I were the counsel of Senator Adamos, I will
period which is insufficient to establish such defense. give him the advice that he cannot run in the
Talia is criminally liable, although her criminal lidbility Senatorial race since the terms of th~ pardon has not
shall be mitigated. expressly restored his right to hold public office or
remitted the accessory penalty of perpetual absolute
b) Will your answer be the same, assuming that
disqualification. Under Article 36 of the Revised Penal
Talia killed Dion after being beaten up after a
Code, a pardon shall not work the restoration of the
second time? Explain. {2.5%)
right to hold public office unless such right be
ANSWER: expressly restored by terms of the. pardon. Under
Article 41 , the penalty of reclusion perpetua shall
Yes, Talia can invoke the defense of Battered carry with it perpetual absolute disqualification which
Woman Syndrome- to free herself from criminal the offender shall suffer even though pardoned as to
190 BAR Q & A 2009-2019
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the principal penalty, unless the same shall have later, Taytor returned to the Philippines and filed a
been expressly remitteq in the pardon (Risos-Vidal v. Motion to Quash the warrant of arrest against him, on
Lim, G.R. No. 206666, January 21, 2015). the ground that the penalty imposed against him had
already prescribed.
b) Assuming that what Adamos committed was
heading a rebellion for which he was Imposed the A.) If you were the judge, would you grant
same penalty of reclusion perpetua, and what he Taylor's Motion to Quash? Explain. (2.5%)
received was amnesty from the government, will
your answer be the same? Explain. (2.5%) ANSWER:
ANSWER: The motion to quash must be denied. Prescription

of penalties shall commence to run from the date
Since amnesty was given to Senator Adamos the felon evades the service of his sentence. (Article
who was convicted of rebellion and was granted 93 RPC) Taylor had not yet started serving his
amnesty, he is eligible to run in the Senatorial race. sentence, and thus, prescription never started to run
in his favor.
Criminal liability is totally extinguished by amnesty.
It extinguishes the penalty and all its effects. Thus, the b) Assuming that Instead of the United States,
amnesty extinguishes not only the principal penalty of Taylor was able to go to another country with which
reclusion perpetua but also its effects such as the the Philippines had no extradition treaty, will your
accessory penalty of perpetual absolute disquali- answer be the same? Explain. (2.5%)
fication. Amnesty looks backward and the person
released by amnesty is considered to have not Even if Taylor was able to go to another country
committed the offense at all. which the Philippines had no extradition treaty, the
motion to quash must be denied.
VII. Taylor was convicted of a violation of the Art. 93 of the RPC provides that the period of
Election Code, and was sentenced to suffer prescription of penalties shall commence to run from
imprisonment of one year as minimum, to three year:5 the date when the culprit should evade the service
as maximum. The decision of the trial court was of his sentence, and it shall be interrupted if the
affirmed on appeal and became final and defendant should give himself up, be captured,
executory. Taylor failed to appear when summoned should go to some foreign country with which this
for execution of judgment, prompting the judge to Government has no extradition treaty, or should
issue an order for his arrest. Taylor was able to use the commit another crime before the expiration of the
backdoor and left for the United States. Fifteen years period of prescription.
192 BAR Q ~ A 2009-2019
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In this case, even ff he fled to a foreign country annual budget. Mayor Maawain ought to use the
with which this Government has no extradition treaty, boxes of food earmarked particularly for the feeding
Toylor had not been imprisoned even for a day program, which would cater only to the malnourished
when he escaped. Hence, the prescription did not among his constituents who needed the resources
commence to run.
for proper nourishment. Even if the fund was diverted
to another public purpose, the offender may be
VIII. A typhoon destroyed the houses of many of liable for Technical Malversation.
the inhabitants of X Municipality. Thereafter, X
Municipality operated a shelter assistance program b) May Mayor Maawain invoke the defense of
whereby construction materials were provided to the good faith and that he had no evil intent when he
calamity victims, and the beneficiaries provided the approved the transfer of the boxes of food from the
labor. The construction was partially done when the feeding program to the shelter assistance program?
beneficiaries stopped herping with the construction Explain. (2.5%)
for the reason that they needed to earn income to
provide food for their families. When informed of the ANSWER:
situation, Mayor Maawain approved the withdrawal
No. Mayor Maawain cannot invoke good faith
of ten boxes of food from X Municipality's feeding
when he approved the transfer of the boxes of food
program, which were given to the families of the
from the feeding program to the Shelter Assistance
beneficiaries of the shelter assistance program. The
program.
appropriations for the funds pertaining to the shelter
assistance program and those for the feeding program "Criminal intent is not an element of technical
were separate items on X Municipality's annual budget. malversation. The law punishes the act of diverting
public property earmarked by law or ordinance for
A.) What crime did Mayor Maawain commit?
a particular purpose to another public purpose.
Explain. (2.5%)
Mayor Maawain committed the crime of IX. The Philippine Drug Enforcement Agency
Technical Malversation. When a public officer (PDEA) had intelligence reports about the drug
.diverts funds or property which were earmarked or pushing activities of Rado, but could not arrest him for
appropriated for a specific purpose to another lac_k of concrete evidence. SP03 Relio, a PDEA team
purpose, he may be liable under such crime. leadeF, approached Emilo and requested him to act
as poseur-buyer ·of shabu and transact with Rado.
In this case. the funds for the feeding program
are not specifically appropriated for the beneficiaries Emilo refused, saying that he had completely been
rehabilitated and did not want to have anything to do
of the shelter assistance program in X Municipality's
194 BAR Q & A 2009-2019
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with drugs anymore. But he was prevailed upon to persons, in this case the PDEA who requested Ernilo
help when SP03 Relio explained that only he· could to act as a poseur-buyer to help them capture the
help capture Rado because he used to be his violator of the law. •
customer. SP03 Relio then gave Emilo the marked
money to be used in· buying shabu from Rado; The
operation proceeded. After Emilo handed the marked X. Honesto and Wilma were married but had
been living separately due to irreconcilable
money to Rado in exchange for the sachets of shabu
weighing 50 grams, and upon receiving the pre- differences. Honesto later met Celia and fell in love
with her. Thinking that he could marry Celia if Wilma
arranged signal from Ernllo, SP03 Relio and his team
were to die, Honesto decided to kill Wilma. He
members barged in and arrested Rado and Ernilo,
secretly followed WIima for weeks to learn her dally
who were both charged with violation of R.A. 9165,
routine. He decided to kill her at night on her way
otherwise known as the Comprehensive Dangerous
Drugs Act of 2002. home. On the night he was to kill Wilma, Honesto
wore dork clothes so that he would not be easily
A.) What defense, if any, may Ernilo invoke to seen. He waited in the dark alley for Wilma to pass
free himself from criminal liabllfty? Explain. (2.5%) by. He saw someone whom he thought looked like
Wilma and shot her with a revolver. The bullet
ANSWER: passed through the person's head and grazed
another passerby's arm. Some bystanders who
Ernilo is absolved from criminal liability because heard the shot were able to stop Honesto.
of his role as the poseur-buyer in the entrapment
operation. Instigation is among the absolutory It turned out that Wilma did not report for work
cases which would exonerate Ernilo from incurring on that day, and the one who was shot in the head
criminal liability for violation of RA 9165. was Melba, who died. The passerby whose arm was
grazed by the bullet required medical attendance
b) May Rado adopt as his own Ernllo's defense? for two days.
Explain. (2.5%)
A.) What crime(s) did Honesto commit? Explain.
ANSWER: (2.5%)
No, Rado is criminally liable because there was ANSWER:

a valid entrapment occurred in his situation. In
Honesto is liable for murder qualified by the
Entrapment, the criminal intent emanates from the
circumstance of treachery for killing Melba due to
offender to commit the crime unlike in Instigation
error in personae or mistake of identity and slight
wherein the offender was only induced by other
196 BAR Q & A 2009-2019
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physical injuries for the wound sustained by the After driving for about one kilometer, Nel
passerby due to aberratio ictus or mistake of blow. realized he left his bag and wallet with IDs in the
house and so he instructed Gorio to drive back to
b) Will your answer be the same, assuming that the house. Nel just went in thinking that the house
the other passerby was hit in the left eye which
was still empty. But to his surprise, Nel found Fermin
caused his/her blindness? Explain. (2.5%)
seated on a bench with Nel's bag and wallet
ANSWER: beside him and appeared to be texting using his
smart phone. Nel took a golf club near him and hit
The answer would not be the same. Honesto is Fermin with it. Fermin shouted for help, but Nel kept
liable for serious physical injuries. Serious Physical hitting hlm until he stopped making noise. The noise
Injuries is committed when the victim would suffer alerted the neighbor who called the police. Nel,
injury which requires more than 30 days of medico! Ben, Ardo and Gorio were caught. Fermin died.
attendance or there would be loss of senses such What is the criminal liability of Nel, Ben, Ardo and
as blindness. Gorio? Explain. (5%)
With the murder committed by Honesto against ANSWER:

Melba, his felonious act shall give rise to a complex
crime of Murder with Serious Physical Injuries: All the offenders are liable for the crime of
Robbery with Homicide. They are in conspiracy with
each other in taking the property of Elgar and
XI. Nel learned that Elgar, the owner of the biggest
killing Fermin on occasion of Robbery.
house in the place, would be out of town for three
days with no one left to watch the house. He called his
friends Ben, Ardo and Gorio and they planned to take XII. Ando, an Indonesian national who just visited
the valuables in the house while Elgcir was away. Nel the Philippines, purchased a ticket for a passenger
and Ben would go inside the house, Ardo would serve vessel bound for Hong Kong. While on board the
as the lookout, while Gorio would stay in the getaway vessel, he saw his mortal enemy lason, also an
car. When Elgar left, they carried out their plan to the Indonesian national, seated at the back portion of the
.letter. Nel and Ben went inside the house through the cabin and who was busy reading a newspaper. Ando
backdoor which was left unlocked. None of the rooms stealthily approached lason and when he was near
and drawers inside were locked. They took the him, Ando stabbed and killed lason. The vessel is
money, jewelry and other valuables therefrom and registered in Malaysia. The killing happened just a few
immediately left using the getaway car. moments after the vessel left the port of Manila.
Operatives from the PNP Maritime Command arrested
Ando. Presented for the killing of lason, Ando
198 BAR Q & A 2009-2019
CRIMINAL LAW 2015 BAR EXAMINATIONS 199
contended that he did not incur criminal liability

Elen was charged with estafa and violation of Batas
because both he and the victim were Indonesians. He
Pambansa Big. 22. Will the charges against Elen
likewise argued that he could not be prosecuted in
prosper? Explain. (4%)
Manila because the vessel is a Malaysian-registered
ship. Discuss the merits of Ando's contentions. (4%) ANSWER:
ANSWER:
Art. 315 par. 1(b) of the RPC punishes Estafa
through Misappropriation. To prove the foregoing
The contentions of Ando that both him and the crime, the prosecution must establish the following
victim are Indonesians and the vessel is a Malaysian elements: (1) the offender's receipt of money, goods,
registered ship are untenable. Since the killing took
or other personal property in trust, or on commission,
place within the Philippine territory, our penal laws
or for administration, or under any other obligation
apply and he may be held criminally responsible involving the duty to deliver, or to return the same; (
despite his being an Indonesian citizen in
accordance to the territoriality principle of criminal (2) misappropriation or conversion by the offen-
laws. The nationality of the vessel is likewise not der of the money or property received, or denial of
material if the crime was committed within the receipt of the money or property;
territorial jurisdiction of a country.
(3) the misappropriation, conversion or denial is
XUI. Dora gave Elen several pieces of jewelry for to the prejudice of another;
sale on commission basis. They agreed that Elen
{4) demand by the offended party that the
would remit the proceeds of the sale and return the
unsold items to Dora within sixty days. The period
offender return the money or property received.
expired without Elen remitting the proceeds of the The pieces of jewelry were received by Elen from
sale or returning the pieces of jewelry. Dora Dora, an act which transferred the juridical
demanded by phone that Elen turn over the possession of the former. To have juridical possession
proceeds of the sale and return the unsold pieces of means possession which gives the transferee a right
jewelry. Elen promised to do so the following day. El over the thing which the transferee may set up
en still failed to make good on he_r promise but against the owner. Generally, demand for the return
instead Issued post-doted checks. Thereafter, Dora of the thing delivered in trust is necessary before an
made several more demands, the last of which was ac·cused is convicted of Estafa. However, if there is
in writing, but they were all unheeded. When the an agreed period for the return of the thing received
checks were deposited in Dora's bank account, the in trust and the accused failed to return it within the
checks were returned unpaid for insufficient funds. agreed period, demand is unnecessary. Failure to
return the thing within the agreed period
CRIMINAL LAW
consummates the crime of Estafa, i.e., the misappro- she has the capacity to send her to Taiwan for work,
priation of the thing received in trust. In this case, even though she does not have a license or authority
Dora and Elen agreed on a period, within 60 days, for for the purpose. Such misrepresentation came before
the delivery of the proceeds of the sale and return of Nita gave Dela P120,000 for the processing of her
the unsold items to Dora. Elen's failure to return within papers. Clearly, Nita would have not parted with her
60 days is a presumption of misappropriation of the money were it not for such enticement by Dela. As a
jewelry. Thus, there would be no more need to consequence of Dela's false pretenses, Nita suffered
present any act of misappropriation. damages as the promised employment abroad
never materialized and the money she paid was
XIV. Dela convinced Nita to work in Taiwan, never recovered. Thus, the crime of estafa through
promising Nita that she would take care of the falsification of public documents is committed. Since
processing of the necessary documents. Dela Dela has no license to recruit, the crime of illegal
collected Pl 20,000.00 from Nita purportedly for the recruitment is also committed.
processing of her papers. Upon receipt of the money,
Nita was made to accomplish certain forms and was b) Will your answer still be the same, assuming
told that she would be deployed to Taiwan within one that the promise to deploy for employment abroad
month. After one month, Nita followed up on her was made by Dela to Celia, Digna and Emma, in
application. Dela made some excuses and told •Nita addition to Nita, and from whom Dela also collected
that the deployment would be delayed. Another the same amount of processing fee? Explain. (2.5%)
month passed and Dela made other excuses which The crime would still be Estafa against Celia,
made Nita suspicious. Nita later discovered ~hat Dela Digna, Emma and Nita. In addition thereto, Dela is
was not licensed to recruit. Nita confronted Dela and also liable for violation of the Migrant Worker;s Act
demanded the return of her money. Dela promised to committed in large scale as it was committed
return the same in a week's time. against 3 or more persons.
A.) A week later, Dela was nowhere to be
found. What crime(s) did Dela commit? Explain. XV. Dando, a member of a drug syndicate, was
(2.5%) a detention prisoner in the provincial jail of X
Province. Brusco, another mem_ber of the syndicate,
ANSWER: regularly visited Dando. Edri, the guard in charge
who had been receiving gifts from Brusco everytime
Dela committed the crime of Estafa and he visited Dancio, became friendly with him and
violation of the Migrant Workers's Act. (R.A. 8042) became relaxed in the inspection of his belongings
Dela defrauded Nita by leading her to believe that during his jail visits. In one of Brusco's visits, he was
202 BAR Q & A 2009-2019
CRIMINAL LAW
able to smuggle in a pistol which Dancio used to elections. Donato told them that the Mayor authorized
disarm the guards and destroy the padlock of the him to solemnize the marriage and that Mayor Abra!
main gate of the jail, enabling Dando to escape. would just sign the documents when he arrived. Donato
What crime(s) did Dando, Brusco and Edri commit? thereafter solemnized the marriage and later turned
Explain. (5%)
over the documents to Mayor Abra! for his signature. In
ANSWER: the marriage confroct, it was stated that the marriage
was solemnized by Mayor Abral. What crime( s) did
Dancio committed the crime of direct assault Mayor Abra! and Donato commit? Explain. (4%)
under Article 148 for disarming the guards while they
ANSWER:
are in the performance of their duties. Likewise, he
may also be liable for violation of R.A. IO 19 5 or" the Mayor Abra! is liable for falsification of public
Illegal Possession of Firearm.
document by a public officer under Article 171. Making
Edri committed infidelity in the custody of an untruthful .statement by stating in a marriage
prisoner or evasion through negligence under Article contract, a public document, that the marriage was
224. Edri, being the custodian of the prisoner was solemnized by him, is an act of falsification.
negligent in relaxing the inspection of the Brusco's Donato on the other hand, committed the
belongings during jail visits allowing him to smuggle crime of usurpation of function under Article l 77 of
the pistol which was used by Dancio to escape. Edri the Revised Penal Code because he performed
is also liable for indirect bribery for accepting gifts the act of solemnizing marriage, which pertained
from Brusco by reason of his position. to the mayor, a person in authority, without being
Brusco, a private individual, committed lawfully entitled to do so.
Delivering prisoners from jail under Article 156 of the
RPC for aiding or assisting a prisoner to escape. XVII. After a heated argument over his philan-
dering, Higino punched on the head his wife Aiko,
XVI. Erwin and Bea approached Mayor Abral and who was six and a half months pregnant. Because of
requested him to solemnize their marriage. Mayor the Impact, Aiko lost her balance, fell on the floor
Abrol agreed. Erwin and Bea went• to Mayor Abral's with her head hitting a hard object. Aiko died and
office on the day of the ceremony, but Mayor Abral the child was expelled prematurely. After thirty-six
was not there. When Erwin and Bea inquired where hours, the child died.
Mayor Abral was, his chief of staff Donato informed A.)What crime(s) did Hlgino commit? Explain.
them that the Mayor was campaigning for the coming (2.5%).
CRIMINAL LAW
ANSWER: shooting, Lito was fifteen years and one month old.
What is Lito's criminal liability? Explain. (4%)
Higino is liable for parricide under Article 246 of
the Revised Penal Code for the death of his wife, Aika. ANSWER:
Higino is also liable for Infanticide under Article 255 of
the Revised Penal Code. When a child was killed Lito is criminally liable for murder and illegal
below 3-day old, the crime is Infanticide regardless of possession of firearms, having committed the crime
the person who killed such child. More so, a child who with discernment. Minors aged fifteen years old and
had been born less than 7 months and lived for at below and those who are above fifteen but below
least 24 hours already acquired personality. eighteen years old who acted without discernment
are exempted from criminal liability.
b) Assuming that when the incident occurred, Since Uto is more than fifteen years old and he
Atka was only six months pregnant, and when she premeditated the crime shows discernment, Lito is
died, the fetus inside her womb also died, will your
criminally liable.
answer be different? Explain. (2.5%)
In this case, Unintentional Abortion is committed XIX. Bruno, a taxi driver, had an indebtedness in
instead of Infanticide. A child who had been born the sum of Pl 0,000.00 which would become due in
less than 7 months and lived for at least 24 hours one week. He was starting to worry because he still
already acquired personality. Since the fetus died had not raised the amount to pay for his debt. Every
immediately after Aiko gave birth and who carried day, he had prayed for divine intervention. One
the fetus only for six months and force or violence night, while returning the taxi to the garage, he found
was employed upon Aiko, Higino is liable for a wallet on the back seat. Inspecting it; he learned
Unintentional Abortion. that it contained exactly PI0,000.00 cash, the amount
of his obligation, and IDs. Thinking it was divine
XVIII. Lito, a minor, was bullied by Brutus, his intervention, and that his prayers were answered, he
classmate. Having had enough, Llto got the key to took the money and used it to pay his debt.
the safe where his father kept his licensed pistol and A.) What crime, if any, did Bruno commit?
took the weapon. Knowing that Brutus usually hung
Explain. (2.5%}
out at a nearby abandoned building after class, Llto
went ahead and hid while waiting for Brutus. When ANSWER:
Lito was convinced that Brutus was .alone, he shot
Brutus, who died on the spot. Lito then hid the gun in -Bruno committed the crime of theft. The owner is
one of the empty containers. At the time of the known to Bruno because there are IDs found in the
CRIMINAL LAW
wallet. Failure to deliver to the local authorities or to home, Carlo warned Bal that Senio would burn his
its owner the lost property which he found constitutes house and had already bought gasoline that would
theft under Article 308 of the Revised Penal Code. be used for the purpose. Bal reported the matter to the
police authorities. Meanwhile, Senio went to Bal's
· b) Assuming that instead of using the money, house and proceeded to pour gasoline around the
Bruno turned over the wallet and its contents to the walls of the house and it was at that point when he
~earby police station, and it was the chief of police was caught by the police. What crime did Senio
of that station who appropriated the money for his commit, if any? Explain. (3%)
own benefit, what crime was committed by the
chief of police? Explain. (2.5%) ANSWER:
ANSWER: Senio is liable for attempted arson. He manifested
before his-intention to bum the house of Bal to his
The chief of police is Hable for theft. Although he friends. He then performed the act of pouring gasoline
is not the one who found the property, he is around the walls of the house to execute his criminal
considered as finder in fact since the property was design to commit arson. This is not just a preparatory
surrendered to him by the actual finder. He acquired act, because it already ceased to be equivocal and
the position occupied by the actual finder and revealed a clear intention to bum the house. In sum, he
GSsumed by voluntary substitution the obligation to already commenced the commission of the crime of
surrender the property to the lawful owner. arson directly by overt acts but he did not perform all
An an alternative answer, the chief of police may acts to exe·cute his criminal design to commit arson by
be liable for malveration for converting a public setting the house on fire due to a cause other than his
property to his personal use and benefit. When the spontaneous desistance, and that is, having been
money was received by the chief of police in his official caught by the police.
capacity, the money becomes a public property/fund.
XXI. Filipino citizens Hector and Wendy were
XX. Senio planned to burn Bal's house. One married in New York, and have been living happily in
evening, during a drinking spree at his house, Senio Manila for the last three years. Hector was removing
told his friends what he intended to do and even junk from his basement when he came across an
showed them the gasoline in cons that he would use unlabeled recordable ed. He put it in his computer's
for the purpose. Carlo, a common friend of Senio and DVD drive to check its contents. To his surprise, he
Bal, was present at the drinking spree. He was still saw a video of Wendy and another man Ariel, in the
sober when Senio told them his plans. Before going act ·of sexual intercourse in the master's bedroom of
his house.. Angered by what he saw, he filed a
ii
~
208 BAR Q &.A 2009-2019 ;,j
CRIMINAL LAW
,]
·1·)
complaint for adultery against Wendy and Ariel. of adultery since this is a crime against chastity,
During the course of the trial, and again to the and not against person or property.
surprise of Hector, it was proved that Wendy was born
male and underwent sex reassignment later in life.
XX:11. Charlie was charged for the qualified rope
A.) May Hector's charge of adultery against of AAA. The Information alleged that AAA was 14
Wendy and Ariel prosper? Explain. {3%) years old at the time the crime was committed and
that Charlie was AAA's stepfather. The presentation of
ANSWER:
AAA's birth certificate during the trial duly established
the following: (1) that AAA was indeed 14 years old at
Yes, Hector's charge of Adultery will prosper. the time of the rape; and (2) that AAA's mother is BBB
Adultery has the following elements: (1) the woman is and her father was the late CCC. BBB and Charlie
married; (2) she has sexual intercourse with a man only became live-in partners after CCC's death. The
not her husband; (3) as regards the man with whom RTC found Charlie guilty of qualified rape. On appeal,
she had sexual intercourse, he must know her to be the Court of Appeals convicted Charlie of simple
married. In the case at hand, the discovery by Hector rape. Charlie appealed before the Supreme Court.
of the video of Wendy having sexual intercourse with How will you rule and why? (3%)
another man, Ariel, is sufficient to charge his wife with
Adultery. The fact that Wendy was later discovered ANSWER:
by Hector to be born male who simply underwent
sexual re-assignment later in life, is immaterial to the The crime committed by Charlie is simple rape. The
charge of Adultery considering that the marriage crime of rape becomes qualified when committed by
between the same sex is considered valid in the USA the stepfather of the, victim who is legally married to the
where they were morned. vidim's mother. Since Charlie and the mother's victim
are only common law spouses, the crime committed is
b) What is an impossible crime? Can there be only a. simple crime of Rape.
an impossible crime of adultery? (2%)
ANSWER: ~~~~~rororororo
An impossible crime is an act which would be
an offense against persons or property, were it not
for the inherent impossibility of its accomplishment
or on account of the employment of inadequate
or ineffectual means. There is no impossible crime
2016 BAR EXAMINATION Nonfeasance is the omission of an act which a

person ought to do.
I. Explain the application of the Indeterminate (b) Differentiate wheel conspiracy and chain
Sentence Law (ISL). (5%) conspiracy. (2.5%)
ANSWER: ANSWER:
The court is mandated to apply the indeterminate A wheel or circle conspiracy occurs when a
sentence unless the accused is among those single person or group [the hub) dealing individually
disqualified, wherein the minimum of which shall be with two or more other persons or groups. (the
within the range of the penalty next lower to that spokes). The spoke is dealing with the hub rather than
prescribed by the Code for the offense in any of with the other spoke, in the event that the spoke
period within the discretion of the court and the shares .a common purpose to succeed, there is a
maximum term of which shall be that which, in view of single conspiracy. However, in the instances when
the attending circumstances, could be properly each spoke is unconcerned with the success of the
imposed under the rules of the Revised Penal Code. other spokes, there are multiple conspiracies. A
The offender who committed an offense punish- "chain conspiracy",. on the other hand, exists when
able under special laws shall be given a sentence, the there is successive communication and cooperation
maximum term of which shall not exceed the in much the same way as with legitimate business
maximum fixed by said low and the minimum shall not operations between manufacturer and wholesalers
be less than the minimum term prescribed by law. then wholesaler and retailer, and then retailer and
consumer. (Estrada V. Sandiganbayan, G.R. No.
148965, February 26, 2002)
II
(a) Define malfeasance, misfeasance and nonfea- Ill. Pedro is married to Tessie. Juan is the first
sance. (2.5%) cousin of Tessie. While in the market, Pedro saw a man
stabbing Juan. Seeing the attack on Juan, Pedro
Malfeasance is act which is a person is prohi- picked:up a spade nearby and hit the attacker on his
bited to do. head Which caused the latter's death.
Misfeasance is an act which is performed by a Can Pedro be absolved of the killing on the
person not in accordance with what is prescribed. ground that it is In defense of a relative? Explain. (5%)
210
CRIMINAL LAW
ANSWER:
ANSWER:
No, Pedro cannot use the defense of a relative. Yes, Art. 247 [death or physical injuries inflicted
The enumerated relatives mentioned in Article 11 of under exceptional circurpstances) of the Revise.d
the RPC are the following; spouse, ascendant, Penal Code is applicable. The requisites of Art. 247
descendants, legitimate, natural and adopted are: (1) a legally married person surprises his spouse in
brothers and sisters or of his relatives by affinity in the the act of committing sexual intercourse with another
same degrees, and those by consanguinity within the person; (2) he or she kills any or both of them or inflicts
fourth civil degree. upon any or both of them any serious physical injury
Juan is the first cousin of his wife Tessie. Hence, "while in the act" or immediately thereafter; and (3)
Pedro is not related to Juan by consanguinity but by he has not promoted or facilitated the prostitution of
affinity. Pedro can only invoke defense of a stranger to his wife or that he or she has not consented to the
the ascendants, descendants or natural and adopted infidelity of the other spouse.
brothers and sisters or of his relatives by affinity in the All the foregoing requisites are present in the
same degrees. With respect to other relatives, defense case at hand. It is a given in the problem that Jojo
of a relative applies only to relatives within the fourth caught Felipa and Alma in the "act of sexual
civil degree by consanguinity. intercourse." There is no qualification as to the
gender with whom his or her spouse shall have sexual
IV. Jojo and Felipa are husband and wife. Believing intercourse as the law states "with any person".
that his work as a Jawyer is sufficient to provide for the
Hence, the gender of the paramour, Alma,
needs of their family, Jojo convinced Felipa to be a stay
being of the same gender as the erring spouse,
at- home mom and care for their children. One day,
Felipa, is immaterial.
Jojo arrived home earlier than usual and caught Felipa
in the act of having sexual intercourse with their female (b) Is Felipa liable for adultery for having sexual
nanny, Alma, In their ma1rimonial bed. In a fit of rage, relation.s with Alma? (2.5%)
Jojo retrieved his revolver from inside the bedroom
cabinet and shot Alma, immediately killing her. ANSWER:
{a) Is Art. 247 (death or physical injuries inflicted No, adultery is not committed as the law
under exceptional circumstances) of the Revised provides that adultery is committed by any married
Penal Code (RPC) applicable in this case given that woman who shall have sexual intercourse with a
the paramour was of the same gender as the erring "man" not her husband, Thus, Felipa in having homo-
spouse? (2.5%)
CRIMINAL LAW
sexual intercourse with Alma, a "woman," is not liable Governor A can also be held liable for Violation of
for Adultery. Section 3 (e) of Republic Act No. 3019 or the Anti-Graft
and Corrupt Practices Act for favoring his kumpare
V where the government suffered undue injury or
damage makes him liable under such offense.
Governor A was given the amount of PIO million
by the Department of Agriculture for the purpose of VI
buying seedlings to be distributed to the farmers.
Supposedly intending to modernize the farming Ofelia, engaged in the purchase and sale of
industry in his province, Governor A bought farm jewelry, was charged with violation of PD 1612,
equipment through direct purchase from XY Enter- otherwise known as the Anti-Fencing low, for
prise, owned by his kumpare B, the alleged exclusive having been found in possession of recently stolen
distributor of the said equipment. Upon inquiry, the jewelry valued at PI00,000.00 at her jewelry shop.
Ombudsman discovered that B hos a pending patent Her defense is that she merely bought the same
application for the said farm equipment. Moreover, from Antonia and produced a receipt covering the
the equipment purchased turned out to be sale. She presented other receipts given to her by
overpriced. What crime or crimes, if any, were Antonia representing previous transacfions. Convicted
committed by Governor A? Explain. (5%) of the charge, Ofelia appealed, arguing that her
acquisition of the jewelries resulted from a legal
ANSWER: transaction and that the prosecution failed to prove
that she knew or should have known that the
Governor A committed the crimes of Technical pieces of jewelry which she bought from Antonia
Malversation and violation of Republic Act No. 3019. were p_roceeds of the crime of theft.
The amount of PlO M granted by the Department ( a) What is a "fence" under PD 1612? (2.5%)
of Agriculture to Governor A which was specifically
appropriated for the purpose of buying seedlings to ANSWER:
be distributed to the farmer was applied the amount
to acquire modern farm equipment through direct "Fencing" is the act of any person who, with
purchase from XY Enterprise owned by his kumpore. intent to gain for himself or for another, shall buy,
His act of diverting public fuhds earmarked by law or receive, possess, keep, acquire, conceal, sell or
ordinance for a specific public purpose to another dispose of, or shall buy and sell, or in any other
public purpose is Technical malversation. manner deal in any article, item, object or anything
of value which he knows, or should be known to
CRIMINAL LAW
him, to have been derived from the proceeds of millions of pesos, he sold all the equipment of his
the crime of robbery or theft. perfume business, absconded with the money, and
is nowhere to be found. What crime or crimes were
(b) Is Ofelia liable under the Anti-Fencing Law? committed, If any? Explain. (5%)
Explain. (2.5%)
ANSWER:
ANSWER:
Val is liable for Estafa under Art. 315 2(a} of the
No. Ofelia is not liable under the Anti-Fencing RPC by means of any of the following false pretenses
law. While under the said law mere possession of any or fraudulent acts executed prior to or simultaneously
good, article, item, object, or anything of value which with the commission of the fraud. When he sold all
has been the subject of robbery or thievery shall be the equipment of his perfume business and abscond
prima facie evidence of fencing, such evidence with the money, such act constitutes Estafa.
when sufficiently overturned constitutes a defense.
In this case, Ofelia's defense that she merely VIII
acquired the jewelries through a legitimate transaction
is sufficient. Further, there is no other circumstance as Charges d'affaires Volvik of Latvia suffers from a
regards the jewelries which would indicate to Ofelia, an psychotic disorder after he was almost assassinated
innocent purchaser, that the jewelries were the subject in his previous assignment. One day, while shopping
of theft. There was even a receipt produced by Ofelia in a mall, he saw a group of shoppers whom he
for the transaction. thought were the assassins who were out to kill him.
He asked for the gun of his escort and shot ten (10)
people and wounded five (5) ·others before he was
VII
subdued. The wounded persons required more than
Val, a Nigerian, set up a perfume business in thirty (30) days of medical treatment. What crime or
the Philippines. The investors would buy the raw crimes, if any, did he commit? Explain. (5%)
materials at a low price from Val. The raw materials
ANSWER:
consisted of powders, which the investors would
mix with water and let stand until a gel was formed. Volvik committed five frustrated murders for the
Val made a written commitment to the investors unwounded victims and five frustrated murders for
that he would buy back the gel at a higher price, the wounded victims. Treachery is present since the
thus assuring the investors of a neat profit. When the sudden attack rendered the victims defenseless. The
amounts to be paid by Val to the investors reached nature of the weapon used in attacking the victims
I•
j
218 BAR Q & A 2009-2019
CRIMIN..\L LAW
1
f
and extent of the wounds sustained.by the five crime of theft is consummated. Intent to gain does
victims showed intent to kill. His psychotic condition is not only mean material gain. Since A is the owner's
not an exempting circumstance of insanity in the driver, A has only a material or physical possession of
absence of showing that there is a . complete the car and the taking thereof without the owner's
deprivation of intelligence in accordance with the consent is Qualified Theft.
cognitiontest. However, he is immune from criminal
prosecution. Since the position of Volvik as charges X
d'affaires is diplomatic, he is vested with blanket
diplomatic immunity from criminal suit (Minucher The Royal S.S. Maru, a vessel registered in
v.Hon. CA, G.R. No. 142396, February 11, 2003) Panama, was 300 nautical miles from Aparri, Cagoyan
when its engines malfunctioned. The Captain ordered
IX his men to drop anchor and repair the ship. While the
officers and crew were asleep, armed men boc;irded
A is the driver of B's Mercedes Benz car. When· the vessel and took away several crates containing
B was on a trip to Paris, A used the car for a joy ride valuable items and loaded them in their own
with C whom he is courting. Unfortunately, A met an motorboat. Before the band left, they planted an
accident. Upon his return, B came to know about explosive which they detonated from a safe distanc~.
the unauthorized use of the car and sued A for The explosion damaged the hull of the ship, killed ten
qualified theft. B alleged that A took and used the (1 O} crewmen, and injured fifteen (15) others.
car with intent to gain as he deriv.ed some benefit
What crime or crimes, if any, were committed?
or satisfaction from its use. On the other hand, A
Explain. (5%)
argued that he has no intent of making himself the
owner of the car as he. in fact returned· it to the ANSWER:
garage after the joy ride. What crime or crimes, if
\
any, were committed? Explain. (5%) The crime of Qualified Piracy under Article 123 of
the Revised Penal Code has been committed,
ANSWER: theelements of piracy being present, namely, (l ) that
A committed the crime of Qualified Theft. the vessel is on the high seas; (2) that the offendersare
not members of its complement or passenger of the
In this case, he is guilty of tbeft because by vessel: and (3) that the offenders (a) attack orseize that
taking possession of the personal property belonging vessel or (b) seize the whole or part of the cargo of said
to another with intent to gain which is apparent in vessel, its equipment or personal belongings of its
driving the car for pleasure and for his enjoyment the complement or passengers. The latter act is committed
Ji\
~·j!
f;;
!/:-
Ii 220 BAR Q & A 2009-2019
"l~ 2016 BAR EXAMINATION 221
CRIMINAL LAW
when the offenders took away several crates XII

containing valuable items dnd loaded them in their
own motorboat. Arnold, 25 years of age, was sitting on a bench
in Luneta Park watching the statue of Jose Rizql
XI when, without his permission, Leilani, 17 years of
age, sat beside him and asked for financial
Angelino, a Filipino, is a transgender who under- assistance, allegedly for payment of her tuition fee,
went gender reassignment and had implants in in exchange for sex. While they were conversing,
different parts of her body. She changed her name to police operatives arrested and charged him with
Angelina and was a finalist in the Miss Gay violation of Section 10 of RA 76 10 (Special Protection
International. She came back to the Philippines and of Children against Child Abuse, Exploitation and
while she was walking outside her home, she was Discrimination Act), accusing him of having in his
abducted by Max and Razzy who took her to a house company a minor, who is not related to him, in a
in the province. She was then placed in a room and public place. It was established that Arnold was not
Razzy forced her to have sex with him at knife's point. in the performance of a social, moral and legal
After the act, it dawned upon Razzy that Angelina _is duty at that time.
actually a male. Incensed, Razzy called Max to help
Is Arnold liable for the charge? Explain. (5%)
him beat Angelina. The beatings that Angelina
received eventually caused her death. What crime or ANSWER:
crimes, if any, were committed? Explain. (5%)
Arnold is not liable for child abuse because Luneta
ANSWER:
is not a place similar to hotel, motel, beer joint, disco-
theque, cabaret, pension house, sauna or massage
Max and Razzy are liable for kidnapping with
partor, beach and/or other tourtst resort. Under Section
homicide. Since Angelina was killed in the course of
10 of RA No. 7610, any person who shall keep or have in
the detention, the crime constitutes kidnapping
his company a minor, twelve (12) years or under or who
and serious illegal detention with homicide under
in ten (10) years or more his junior in any public or prtvate
Article 267. The act committed by Max and Razzy
place, hotel, motel, beer joint, discotheque, cabaret,
negates the crime of Abduction since Angelina in
pension house, sauna or massage parlor, beach and/or
reality is not a woman which is one of the elements
of Forcible Abduction. other tourtst resort or similar places is liable for chilc;J
abuse. Luneta is not among those places or similar to
those places mentioned.
CRIMINAL LAW
XIII Slaughtering the horse, which he physically

possessed, and selling its meat to Pastor shall be
Domingo is the caretaker of two (2) cows and two considered as taking without consent of the owner
(2) horses owned by Hannibal. Hannibal told Domingo with intent to gain which constitutes theft (Balerta v.
to lend the cows to Tristan on the condition that the People, G.R. No. 205144, November 26, 2014), Since
latter will give a goat to the former when the cows are the horse is accessible to him, the theft is qualified by
returned. Instead, Tristan sold the cows and pocketed the circumstance of abuse of confidence (Yongco v.
the money. Due to the neglect of Domingo, one of the People, G.R. No. 209373, July 30, 2014)
horses was stolen. Knowing that he will be blamed for
the loss, Domingo slaughtered the other horse, got the
XIV
meat, and sold it to Pastor. He later reported to
Hannibal that the two horses were stolen.
Dimas was arrested after a valid buy-bust
(a) What crime or crimes, if any, did Tristan operation. Macario, the policeman who acte9 as
commit? Explain. (2.5%) - poseur-buyer, inventoried and photographed ten
(10) sachets of shabu in the presence of a barangay
ANSWER; tanod. The inventory was signed by Mocario and the
Tristan is liable for Estafa under Article 315 of the

tanod, but Dimas refused to sign. As Macario wqs .
stricken with flu the day after, he was able to
Revised Penal Code. He received the cows under surrender the sachets to the PNP Crime Laboratory
obligation involving the duty to return the same thing only after four (4) days. During pre-trial, the counsel
deposited, and acquired legal or juridical possession de oficio of Dimas stipulated that the substance
in so doing, since their transaction is a commodatum. contained in the sachets examined by the forensic
Selling the cows as if he owned it constitutes misappro- chemist is in fact mefhamphetamine hydrochloride
priation or conversion within the contemplation of or shabu. Dimas was convicted of violating Section 5
Article 315 of the RPC. of RA 9165. On appeal. Dimas questioned the
odmissibilify of the evidence because Macario failed
(b) What crime or crimes, if any, were committed to observe the requisite "chain of custody" of the
by Domingo? Explain. (2.5%) alleged "shabu" seized from him. On behalf of the
Domingo is liable for qualified theft under Article State, the Solicitor General claimed that despite non-
308 of the Revised Penal Code. Although Tristan compliance with some requirements, the prosecution
received the horse with the consent of the owner, was able to show that the Integrity of the substance
Hannibal. his possession is merely physical or de facto was preserved. Moreover, even with some deviations
since the former is an employee of the latter. from the requirements, th~counsel of Dimas stipulated
CRIMINAL LAW
that the substance seized from Dimas was shabu so necessarily render an accused's arrest illegal or the
that the conviction should be affirmed. items seized or confiscated from him inadmissible.
( a) What is the "chain of custody" requirement (People vs. Romeo ·Lim, September 2020) The most
in drug offenses? (2.5%) important factor is the preservation of the integrit¥
and evidentiary v~lue of the seized item.
ANSWER:
xv
Chain of Custody" means the duly recorded
authorized movements and custody of seized drugs Pedro, Pablito, Juan and Julio, all armed with bolos,
or controlled chemicals or plant sources of dangerous robbed the house where Antonio, his wife, and three
drugs or laboratory equipment of each stage, from (3) daughters were residing. While the four were ran-
the time of seizure/confiscation to receipt in the sacking Antonio's house, Julio noticed that one of
forensic laboratory to safekeeping to presentation .in Antonio's daughters was trying to escape. He chased
court for destruction. Such record of movements and and caught up with her at a thicket somewhat distant
custody of seized item shall include the identity and from the house, but before bringing her back, raped her.
signature of the person who held temporary custody
( a) What crime or crimes, if any, did Pedro,
of the seized item, the date and time when such
Pabllto, Juan and Julio commit? Explain. (2.5%)
transfer of custody were made in the course of
safekeeping and use in court as evidence, and the
ANSWER:
final disposition. (People vs. Moner, G.R. No. 202206,
March 5, 2018) Pedro, Pablito, Juan and Julio committed the
crime of Robbery committed by a band. Under Art.
(b) Rule on the contention of the State. (2.5%)
. 14; par. 6 of the RPC, whenever more than three
armed malefactors shall have acted together in the
ANSWER:
commission of an offense, it shall be deemed to have
The contention of the State is meritorious. been committed by a band.
Macario, the policeman failed to comply with In addition to Robbery, Julio shall be liable for
Section 21 of RA NO 9165 since the inventory and Rape. Only him shall be liable for the crime of rape
photograph of the drugs was only made in the since there is no showing that his companion has
presence of barangay tanod and the same was not knowledge of the crime of rape committed against
submitted to the PNP Crime Laboratory within 24 one of the daughters.of the owners of the house.
hours. The ruleis settled that failure to strictly comply
with .Section 21 (1), Article ii of R.A. No. 9165 does not
CRIMINAL LAW
(b) Suppose, after the robbery, the four took A, B and C were charged with libel before the
turns in raping the three daughters inside the house, RTC of Manila. The three (3) defendants argued that
and, to prevent identification, killed the whole the article is within the ambit of qualified privileged
family just before they left. What crime or crimes, if communication; that there is no malice in law and in
any, did the four malefactors commit? {2.5%} fact; and, that defamatory comments on the acts of
public officials which are related to the discharge of
ANSWER: their official duties do not constitute libel.
They shall all be liable for the crime of Robbery Was the crime of libel committed? If so, are A,
with homicide and the crime of rape shall be an 8, and C all liable for the crime? Explain. {5%)
aggravating circumstance. Any killing on occasion of
Robbery shall give rise to a complex crime of ANSWER:
Robbery with Homicide, regardless of the number of
persons killed. If on occasion of Robbery, there is Libel is committed. The report made by C
killing and rape committed, rape shall be considered describing a lawyer in the Bureau· of Customs as
as an aggravating circumstance. corrupt cannot be considered as "fair" and "true"
since he did not do research before making his
allegations, and it has been shown that these
XVI
allegations were baseless. The articles are not "fair
A is the president of the corporate publisher of and true reports," but merely wild accusations. He
has written and published the subject articles with
the daily tabloid, Bulger; 8 is the managing editor;
and C is the author/writer. In his column, Direct Hit, reckless disregard of whether the same were false or
C wrote about X, the head examiner of the BIR-RDO not {Erwin Tulfo v. People, G.R. No.161032,
Manila as follows: September 16, 2008). A president of the pu_blishing
company, B, monaging editor, and C, writer of the
"ltong st X ay talagang BUWAYA kayo ang logo defamatory articles, are all liable for libel. Under
ng Lacoste T shirt niyo oy napaka suwapang na Article 360 of the Revised Penal Code, the publisher,
buwaya. Ang nickname niya ay si Atty. Buwaya. and editor of newspaper, shall be responsible for the
Ang PR niya ay 90% sa bayed· ng taxpayer at ang defamations contained therein to the same extent.
para so RP ay 10% long. Kaya ang baba ng The law makes the publisher and editor liable for
collection ng RDO niya. Masyadong magnanakaw libel as if they were the author.
si X at depot tanggalin itong bundat na bundat no
buwaya na Ito at napokalaki no ng kurakot."
CRIMINAL LAW
XVII the box in the attic. Lina then left the house and asked
her friend Fely to demand a ?20,000.00 ransom for the
Braulio invited Lulu, his 11-year old stepdaughter, release of the spouses' child to be paid within twenty-
inside the master bedroom. He pulled out a knife and four hours. The spouses did not pay the ransom. After Q
threatened her with harm unless she submitted to his couple of days, John discovered the box in the attic
desires. He was touching her chest and sex organ with his child already dead. According to the autopsy
when his wife caught him in the act. The prosecutor is report, the child died of asphyxiation barely minutes
unsure whether to charge Braulio for acts of after the box was sealed.
lasciviousness under Art. 336 of the RPC; for lascivious
conduct under RA 7610 (Special Protection against What crime or crimes, if any, did Lina and Fely
Child Abuse, Exploitation and Discrimination Act); or commit? Explain. (5%)
for rape under Art. 266-A of the RPC.
ANSWER:
What is the crime committed? ~xplain. (5%)
The crime committed by Lina is Murder for killing
ANSWER: a child of tender years. The act committed by Lina
which caused the death of the child constitutes the
The act of touching the chest and sex organ of Lulu crime of Murder. Fely shall not be liable for the crime
under psychological coercion or influence of her because there is no showing that she participated
stepfather, Braulio, constitutes sexual abuse under with Lina in putting the child in the box which
Section 5 (b) of RA No. 7610. The act committed by caused the latter's death. The act of demanding
Braulio is lascivious conduct punishable under R.A. 76l 0 ransom by Fely would not constitute the crime of
against a minorwhich act would demean, debosed the Kidnapping since there was actually no toking to
normal growth and development of the minor victim. another place was committed for the purpose of
detaining the child in exchange for ransom. Fely
XVIII may be liable however for Light Coercion under Art.
287 of the RPC, par.2 which provides: any other
Lina ·worked as a housemaid and yaya of the coercions or unjust vexations shall be punished by
. one-week old son of the spouses John and Joana. arresto menor or a fine ranging from 5 pesos to 200
When Lina learned that her 70-year old mother was pesos, or both, for demanding ransom for the
seriously ill, she asked John for a cash advance of release of the spouses' child to be paid within
P20,000.00, but the latter refused. In anger, Lina twenty-four hours. It cannot be said that such act
gagged the mouth of the child with stockings, placed constitutes Grave Coercion in the absence of
him in a box, sealed it with masking tape, and placed violence employed.
CRIMINAL LAW
XIX battering incident; and (3) the tranquil, loving {or, at

least, nonviolent) phase. During the tension-building
Romeo and Julia have been married for 1welve phase, minor battering occurs-it could be verbal or
(12) years and had 1wo (2) children. The first few years slight physical abuse or another form of hostile
of their marriage went along smoothly. However, on behavior. The woman tries to pacify the batterer
the fifth year onwards, they would often quarrel when through a kind, nurturing behavior; or by simply staying
Romeo comes home drunk. The quarrels became out of his way. The ocute battering incident is charac-
increasingly violent, marked by quiet periods when terized by brutality, destructiveness and, sometimes,
Julia would leave the conjugal dwelling. During these death. The battered woman deems this incident as
times of quiet, Romeo would "courf' Julia with flowers unpredictable, yet also inevitable. During this phase,
and chocolate and convince her to return home, she has no control; only the batterer may put an end
telling her that he could not live without her; or Romeo to the violence. The final phase of the cycle of
would ask Julia to forgive him, which she did, violence begins when the acute battering incident
believing that if she humbled herself, Romeo would ends. During this tranquil period, the couple
change. After a month of marital bliss, Romeo would experience profound relief.
return to his drinking habit ahd the quarrel would start
again, verbally at first, until it would escalate to (b) Is JuUa's "battered woman's syndrome" defense
physical violence. meritorious? Explain. (2.5%)
One night, Romeo came home drunk and went ANSWER:
straight to bed. Fearing the onset of another violent
fight, Julia stabbed Romeo while he was asleep. A Yes. The battering episodes, Julia, feared the
week later, their neighbors discovered Romeo's onset of another violent fight and honestly believed
rotting corpse on the marital bed. Julia and the chil- the need to defend herself even if Romeo had not
dren were nowhere to be found. Julia was charged commenced an unlawful aggression. Even in the
with parricide. She asserted "battered woman's absence of unlawful aggression, however, Battered
syndrome" as her defense. Woman Syndrome is a defense. Under Section 27 of
RA No.9262, Battered Woman Syndrome is a
(a) Explain the "cycle of violence." (2.5%)
defense notwithstanding the absence of any of the
ANSWER: elements forjustifylng circumstances of self-defense
under the Revised Penal Code such as unlawful
The battered woman syndrome is characterized aggression.
by the so-called "cycle of violence," which has three
phases: (1) the tension-building phase: (2) the acute
232 BAR Q & A 2009-2019
CRIMINAL LAW
xx ANSWER:
A,X, Y and Z committed the crime of Kidnapping
A, an OFW, worked in Kuwait for several years with Murder. by means of fire, since C and D were
as a chief accountant, religiously sending to his killed in the course of the detention. The mitigating
wife, B, 80% of all his earnings. After his stint abroad, circumstances of passion and obfuscation, voluntary
he was shocked to know that B became the surrender can be appreciated in favor of A. The
paramour of a married man, C, and that all the aggravating circumstances of unlawful entry, by
monies he sent to B were given by her to C. To means of fire, and treachery can ·be appreciated
avenge his honor, A hired X, Y and Z and told them
against A, X, Y and Z.
to kidnap C and his wife, D, so that he can inflict
injuries on C to make him suffer, and humiliate him
in front of his wife. X, Y and Z were paid P20,000.00
each and were promised a· reward of P50,000.00
-NOTHING FOLLOWS•
each once the job is done. .
At midnight, A, with the fully armed X, Y and Z,
forcibly opened the door and gained entrance to
the house of C and D. C put up a struggle before he
was subdued by A's group. They boarded C and D
in a van and brought the two to a small· hut in a
farm outside Metro Manila. Both hands of C and D
were tied. With the help of X, Y and Z, A raped D in
front of C. X, Y and Z then took turns in raping D,
and subjected C to torture until he was black and
blue and bleeding profusely from several stab
wounds. A and his group set'the hut on fire before
leaving, killing both C and D. X, Y and Z were paid
their reward. Bothered by his conscience, A
.surrendered the next day to the police, admitting
the crimes he committed.
As the RTC judge, decide what crime or crimes
were committed by A, X, Y and Z, and what
mitigating and aggravating circumstances will be
applied In imposing the penalty. Explain. (5%)
2017 BAR EXAMINATIONS ANSWER:

In crimes malum in se, an act is by nature wrong,
I. evil or bad, and so generally condemned. The moral
trait of the offender is involved; thus, good faith or lack
Tonito, an 8-year-old boy, was watching a free of criminal Intent on the part of the offender is a
concert at the Luneta Park with his father Tony. The defense, unless the crime is the result of criminal
child stood on a chair to be able to· see the
negngence: Correspondingly, modifying circumstances
performers on the stage. Juanito, a 10-year-old boy,
are considered in punishing the offender.
who was also watching the concert, could not see
much of the performance on the stage because In crimes mala prohibitum, an act is not by nature
Tonito was blocking his line of sight by standing on wrong, evi.1 or bad. Yet, it is punished because there is
the chair. Using his elbow, Juanito strongly shoved a law prohibiting them for public good, and thus
Tonito to get a good view of the stage. The shove good faith or lack of criminal intent in doing the
caused Tonito to fall to the ground. Seeing this, Tony prohibited act is not a defense.
struck Juanito on the head with his hand and caused
the boy to fall and to hit his head on a chair. Tony (b) Was Tony criminally liable for child abuse
also wanted to strangle Juanito but the latter's aunt under R.A. No. 761 O? .Explain your answer. (3%)
prevented him from doing so. Juanito sustained a No, Tony is not liable for violation of R.A. 7 61 O or
lacerated wound on the head that required medical
Child Abuse.
attendance for 10 days.
"Not every instance of the laying of hands on a
Tony was charged with child abuse in violation of
child constitutes the crime of child abuse under
Sec. l0(a), in relation to Sec. 3(b)(2), of R.A. No. 7610
Section 10 [a) of Republic Act No. 7610. Only when
(Child Abuse law) for allegedly doing an "act by deeds the laying of hands is shown beyond reasonable
or words which debases, degrades or demeans the
doubt to be intended by the accused to debase,
intrinsic worth and dignity of a child as a human being."
degrade or demean the intrinsic worth and dignity of
In his defense, Tony contended that he had no intention
the child as a human being should it be punished as
to maltreat Juanito, much less to degrade his intrinsic child abuse. Otherwise, it is punished under the
·worth and dignify as a human being. Revised Penal Code. (Bongalon vs. People, 694 SCRA
A.) Distinguish crimes male in se from crimes 12, 20 March2013)
mala prohiblta. (3%) " Tony however may be liable for Less Serious
234 Physical injuries for inflicting injuries which requires
236 BAR Q & A 2009-2019
CRIMINAL LAW
medical attendance for more than 9 days but less unconscious on the pavement, and then draped his
than 30 days under Art. 265 of the RPC) body with a prepared tarpaulin reading RAPIST AKO
HUWAG TULARAN. Everyone else in the school was
shocked upon witnessing what had just transpired,
II. unable to believe that the timid and quiet Alisto,
Aliswan's identical twin brother, had committed rape.
Sixteen year old Allswan prodded Amethyst, his
girlfriend, to remove her clothing while they were A.) A criminal complaint for attempted rape with
secretly together in her bedroom late one evening. homicide was brought against Alfswan in the
Failing to get a positive response from her, he forcibly Prosecutor's Office. However, after preliminary investi-
undressed her. Apprehensive about rousing the gation, the Investigating Prosecutor recommended
attention of the household who did not know of his the filing of two separate information-one for attempted
presence inside her room, she resisted him with rape arid the ofher for homicide. Do you agree wifh fhe
minimal strength, but she was really sobbing in a recommendation? Explain your answer. (3%)
muffled manner. He then undressed himself while
blocking-the door. Yet, the image of,a hapless and ANSWER:
sobbing Amethyst soon brought him to his senses,
and impelled him to leave her room ·naked. He did No, Aliswan must be charged with Attempted
not notice in his hurry that Amante, the father of Rape with Homicide. The killing of Allesso was
Amethyst, who was then sitting alone on a sofa in the committed by Aliswan by reason or on occasion of
sala, saw him leave his daughter's room naked. the attempted rape.
Outside the house, .the now-clothed Aliswan (b) Before the trial court, Allswan moved that
spotted Allesso, Amethyst'~ former suitor. Knowing the cases should be dismissed because he was
how Allesso had ·aggressively pursued Amethyst, entitled to the exempting circumstance of minority.
Aliswan fatally stabbed Allesso. Aliswa'n Immediately Is hjs motion correct? Explain your answer. (3%)
went into hiding afterwards.
ANSWER:
Upon learning from Amethyst about wha_t
Allswan had done to her, an enraged Amante Being 16 years old does not make Aliswan
wanted to teach Aliswan a lesson he would never immediately exempted from criminal liability. Aliswan
forget. Amante set out the next day to look for may be exempted from criminal liability based on
Aliswan in his school. There, Amante found a young minority if he acted without discernment which must
man who looked very much •fike Aliswan. Amante be determined by prior assessment of the DSWD. If it
immediately rushed and knocked the young man can be shown that he acted without discernment,
I
I
I 238 BAR Q & A 2009-2019
CRIMINAL LAW
he shall be exempted from criminal liability but not for special law, the act alone, irrespective of its motives
his civil liability. (Art. 12 of the RPC) If the crime was and in the absence of criminal intent constitute the
committed however was with discernment, ne is not offense, being a malum prohibitum. Error in personae
exempted from criminal liability but he will be does not apply to special laws.
subjected to an intervention program in accordance
with R.A. 9344.
111.
. (c) After receiving medical attendance for 10 days,
Alisto consulted you about filing the proper criminal Overjoyed by the award to his firm of a multi-
complaint against Amante. What crimes, if any, will you billion government contract for the development of
charge Amante with? Explain your answer. (3%) an economic and tourism hub in the Province of
Blank, Mr. Gangnam allotted the amount of Pl 00
ANSWER: Million to serve as gifts for certain persons
instrumental in his firm's winning the award. He gave
Amante may be charged for violation of R.A. No. 50% of that amount to Governor Datu, the official who
7610. Being sixteen (16) years old and a minor, the act had signed the contract with the proper authorization
of Amante constitutes child abuse as he maltreated from the Sangguniang Panlalawigan; 25% to Bokal
Alisto when he inflicted on him physically with cruelty. Diva, the Sangguniang Panlalawigan member whp
Further, by rapping the body with a statement "Rapist had lobbied for the award of the project in the
ako wag tularan, it debases, degrades or demeans the Sangguniang Panlalawigan; and 25% to Mayor Dolor
intrinsic worth and dignity of Alisto. of the Municipality where the project would be
impleme'nted. Governor Datu received his share
(d) Answering the criminal complaint filed by through his wife, Provincial First Lady Dee, who then
Alisto, Amante contended that he had incurred no deposited the amount in her personal bank account.
criminal liability for lack of criminal intent on his part,
his intended victim being AUswan, not Alisto. What is Previously, upon facilitation by Bokal Diva, Mr.
this defense of Amante, and explain if the same will Gangnam concluded an agreement with Mayor
prosper? (3%) Dolor for the construction of the Blank Sports Arena
worth P800 Million. The project was highly overpriced
ANSWER: because it could be undertaken and completed for
not more than P400 Million. For this project, Mayor
The act of Amante is called error in personae or Dolor received from Mr. Gangnam a gift of Pl 0
mistake in the identity of the victim. Since he is still Million, while Bokal Diva got P25 Million.
criminally liable for violation of R.A. No. 76 l 0, a
CRIMINAL LAW
In both instances, Bokal Olva had her monetary ANSWER:

gifts deposited in the name of her secretary, Terry,
who personally maintained a bank account for Bokal Wheel conspiracy occurs when there is a single
Diva's share in government projects. person or group (the hub) dealing individually with
two or more other persons or groups (the spokes].
a.) May each of the above-named individuals The spoke typically interacts with the hub rather
be held liable for plunder? Explain your answer. than with another spoke. In the event that the
(4%) spoke shares a common purpose to succeed, there
is a single conspiracy. However, in the instances
ANSWER: when each spoke is unconcerned with the success
of the other spokes, there are multiple conspiracies.
Governor Datu who received the amount of
P50,000,000.00 after he signed thecontract in favor The chain conspiracy recognized in Estrada v.
of the firm of Mr. Gangnam is liable for Plunder. His Sandiganbayan exists when there is successive
wife Provincial First Lady Dee,· as a co-conspirator is communication and cooperation in much the same
also liable as the amount given to Governor Datu way as with legitimate business operations between
was deposited in her account. manufacturer and wholesaler, then wholesaler and
retailer, and then retailer and consumer.
Bokal Diva is also liable for plunder when he
lobbied for the award of the Project to the firm of Mr. (c) What provisions of R.A. No. 3019 (Anti-Graff
Gangnom in the Sanguniang Panlalowigan. He & Corrupt Practices Act), if any, were violated by
received 25% of or P25,000,000.00 and another P25,000, any of the above-named individuals, specifying the
000.00 in another project of Mr. Gangnam in the persons liable therefor? Explain your answer. (4%)
construction of an overpriced Blank Sports Arena in the
Municipality to which Dolor is the Mayor. The aggre- ANSWER:
gate amount has a total of PS0,000,000.00. Terry, the
Secretory of Bokal Diva Is also liable as co-conspirator. Governor Datu, his wife, First Lady Dee, Bokal
The amount was deposited in her bank account. ·oiva, her Secretary Terry and Mayor Dolor are all
liable forviolation of Section3(b) of R.A. No. 3019.
(b) Define wheel conspiracy and chain .
conspiracy. Is either or both kinds existent herein? Section 3(b) of Republic Act No. 3019, punished
Explain your answer. (4%) any public officer for directly or indirectly requesting
or receiving any gift, present share, percentage, or
benefit, for himself for any other person, in
connection with any contract or tmnsaction
CRIMINAL LAW
between the Government and any other party, succeeded in having carnal knowledge of Maita
wherein the public officer in his official capacity has against her will.
to intervene under the law.
Meanwhile, the police authorities were tipped off
(d) What crimes under the Revised Penal Code, if that at 11 :30 p.m. on that same night Solito would be
any, were committed, specifying the persons liable selling marijuana outside the green-painted house.
therefor? Explain your answer. (4%) Acting on the tip, the PNP station of the town formed
a buy-bust team with P02 Masahol being designated
ANSWER: the poseur buyer. During the buy-bust operation,
Solito opened the trunk of the Toyota lnnova to
Mr. Gangnam is liable for corruption ~f public retrieve the bag of marijuana to be sold to P02
officials under Art. 212 of the.Revised Penal Code. Masahol. To cut the laces that he had tied the bag
The elements of corruption of public officials with, Solito took out a Swiss knife, but his doing so
under Article 212 of the Revised Penal Code, that prompted P02 Masahol to effect his immediate arrest
are present in this case are: 1. That the offender out of fear that he would attack .him with the knife.
makes offers or promises, or give gifts or presents to P02 Masahol then confiscated the bag of marijuana
a public officer; and2. That the offers or promises as well as the Toyota lnnovo.
are made or the gifts or presents are given to. a a.) Two informations were filed against Solito in
public officer under circumstances that will make the RTC-one for forcible abduction with rape, raffled
the public officer liable for direct bribery or indirect to Branch 8 of the RTC; the other for illegal sale of
bribery. (Disini vs.Sandiganbayan, First Division, 705 drugs, assigned to Branch 29 of the RTC. Was Solito
SCRA 459, 1lSeptember 2013) charged with the proper offenses based on the
circumstances? Explain your answer. (5%)
IV
ANSWER:
Malta was the object of Solito's avid sexual
desires. Solito had attempted many times to entice Solito is liable for the crime of Rape since there
Maita to a date in bed with him but Maita had is showing that the intention of Solito in taking Maita
consistently refused. Fed up with all her rejections, is to have sexual intercourse with her.
Solito abducted Maita around 7 p.m. one night. With
Solito should also have been charged with illegal
his cohorts, Solito forced Maita into a Toyota lnnova
possession of Marijuana as there was no illegal sale
and drove off with her to a green-painted house
that transpired between him and P02 Masahol.
situated in c desolate part of the town. There, Solito
244 BAR Q & A 2009-2019 2017 BAR EXAM1NATlONS 245
CRIMINAL LAW
(b) While the Prosecution was presenting its and foreign, including substantial amounts from
evidence in Branch 29, Branch 8 convicted Solito. legislators, local government officials and the EU.
Immediately after the judgment of conviction was Affer several months, complaints were heard about
promulgated, Solito filed in both Branches a motion for the very slow distribution of relief goods and needed
the release of the Toyota lnnova. He argued and social services by BaWI.
proved that he hod only borrowed the vehicle from his
brother, the registered owner. Branch 8 granted the The COA reported the results of its audit to the
motion but Branch 29 denied It Were the two courts effect that at least P10 Million worth of funds coming
correct in their rulings? Explain your answer. {5%) from public sources channeled to BaWI were not yet
properly accounted for. The COA demanded reim-
ANSWER: bursement but BaWI did not respond.
Hence, Mr. Gulang was criminally charged in the
Branch 8 is correct in granting the motion to
Office of the Ombudsman with malversation of public
release the vehicle as the case was already
funds and failure of accountable officer to render
decided. With respect to the resolution made by
accounts as respectively defined and punished by
Branch 29, the denial of the motion is likewise correct
Art. 217 and Art. 218 of the Revised Penal Code. He
since the lawful owner of the vehicle is the brother of
was also · charged with violation of Sec. 3( e) of R.A.
the accused. Hence, the motion to release should
No. 3019 for causing undue Injury to the Government.
have been filed by the brother of Solito, the
registered owner. In his defense, Mr. Gulang mainly contended
that he could not be held 1iable under the various·
V charges because he was not a public officer.
a.) Who is a public officer? (2%)
To aid in the rebuilding and revival of Tacloban
City and the surrounding areas that had been ANSWER:
devastated by the strongest typhoon. to hit the
country in decades, the Government and other Any person who, by direct provision of the law,
sectors, including NGOs, banded together in the popular election or appointment by competent
effort. Among the NGOs was Ba .. ,gon Waray, Inc. authority, shall take part in the performance of public
(BaWI), headed by Mr. Jose Ma. Gulang, its President functions in the Government of the Philippine Islands,
and CEO. BoWI operated mainly as a social of shall perform in said Government or in any of its
amelioration and charitable institution. For Its branches public duties as an employee, agent or
activities in the typhoon-stricken parts of Leyte subordinate official, of any rank or class shall be
Province, BaWI received funds from all sources, local deemed to be a public officer. (Art. 203 of RPC)
CRIMINAL LAW
{b) Discuss whether the crimes charged against ANSWER:

Mr. Gulang are proper. Explain your answer. (3%)
Estafa thru falsification is committed when one
ANSWER: shall falsify a document with the intention to defraud
another.
Mr. Gulang is correct.
The crime charged against Mr. Gulang for (c) What is now the age of doli incapax in the
Violation of Article 217 and Art. 218 of the RPC are Philippines? (2%)
improper. The charge for violation of Section 3(e) of A child fifteen (15) years of age or under at the
R.A. No. 3019 is also not proper. The offender in time of the commission of the crime. child above
these offenses must be a public officer which is fifteen (15) years but below eighteen ( 18) years of age
absent in the instant case. shall likewise be exempt from criminal liability but he
will be subjected to an intervention program, unless
VI· he/she has acted with discernment, he shall then be
liable and in which case, such child shall be subjected
Answer with brief explanations the following to the appropriate proceedings in accordance with
queries: this R,A. 9344.
a.} If the slightest penetration of the female
(d) Why is there no crime of frustrated serious
genitalia consummates rape by carnal knowledge,
physical injuries? (2%)
how does the accused commit attempted rape by
carnal knowledge? (2%) ANSWER:.
ANSWER:
There is no frustrated Serious Physical Injuries
because there is no stages of execution in the crime
There is attempted rape when by overt acts,
of Physical injuries. Such crime is classified according
the offender would show intent to have sexual to the nature of the injury. sustained by the victim
intercourse with the victim.
such as serious, less serious or slight physical injuries.
(b) What crime is committed by a capataz who
enrolls two fictitious names in the payroll and VII ·
collects their supposed doily wages every payday?
(2%) Bernardo was enraged by his conviction for
robbery by Judge Samsonite despite insufficient
evidence. Pending his appeal, Bernardo escaped in
248 BAR Q & A 2009-2019
CRIMINAL LAW
order to get even with Judge Samsonite. Bernardo committed in the dwelling of the judge and nighttime
learned that the judge regularly slept in his mistress' facilitated the commission of the crime. ·
house every weekend. Thus, he waited for the judge (
There is however quasi-recidivism because the
to arrive on Saturday evening at the house of his crime was committed while Bernardo is serving
mistress. It was about 8:00 p.m. when Bernardo sentence for dnother crime. Quasi-recidivism however
entered the house of the mistress. He found the judge is a special aggravating circumstance which has the
and his mistress having coffee in the kitchen and effect of making the penalty in its maximum period.
engaging in small talk. Without warning, Bernardo
stabbed the judge at least 20 times. The judge
VIII
instantly died.
Prosecuted and tried, Bernardo was convicted of Porthos made a sudden turn on a dark street, and
direct assault with murder. Rule with reasons whether his Rolls-Royce SUV bumped the rear of a parked
or not the conviction for direct assault with murder was Cadillac Sedan inside which Aramis was then taking a
justified, and whether or not the trial court should nap. Angered by the violent Impact, Aramis alighted
appreciate the following aggravating circumstances and confronted Porthos who had also alighted. Aramis
against Bernardo, to wit: (1) disregard of rank and age angrily and repeatedly shouted at Porthos: Putang Ina
of the victim, who was 68 years old; (2) dwelling; (3) mo! Porthos, displaying fearlessness, aggressively shouted
nighttime; (4) cruelty; and (5) quasi-recidivism. (10%) back at Aramis: Wag kang magtapang-tapangan
dyan, papatayin kita! Wrthout saying anything more,
ANSWER: Aramis drew his gun from his waist and shot Porthos in
the leg. Porthos' wound was not life threatening.
The crime committed by Bernardo is Murder
qualified by evident premeditation. It can be A.} What are the kinds of unlawful aggression,
shown from the facts that Bernardo intended to and which kind was displayed in this case? Explain
retaliate because of his conviction. Direct Assault is your answer. (3%)
not the proper crime committed because there is
no showing that Bernardo's intention is only to ANSWER:
attack the judge by reason of his position. There is Unlawful aggression is of two kinds:
personal vendetta in the instant case.
(a) actual or material unlawful aggression
Aggravating circumstances of age, dwemng and
nighttime must not be appreciated because there is (b) imminent unlawful aggression (People vs.
no showing that age was material, that the crime was Dulin, 760 SCRA 413, 29 June2015)
CRIMINAL LAW
There was neither material nor imminent ANSWER:

unlawful aggression here. On the part of Porthos,
while Aramis displayed fearlessness and aggressively There is treachery here because of the element
shouted back at him, there was no physical force or of surprise. Porthos was not afforded opportunity to
weapon that might endanger his life. In other words, defend himself when Aramis suddenly drew his gun
it was not life threatening. It was Aramis who was the and shoot Porthos. Facing each other is of no
aggressor here in view of his act in shooting Phortos, moment and thus would not negate the presence of
although on his leg only. Treachery in the commission of the crime.
(b) Standing trial for frustrated murder, Aramls

IX
pleaded self-defense.. The Prosecution's contention
was that the plea of self-defense applied only to During the nationwide transport strike to protest
consummated killings. Rule, with explanations, on the the phase out of old public utility vehicles, striking
tenability of Aramis' claim of self-defense, and on the jeepney drivers Percy, Pablo, Pater and Sencio,
Prosecution's contention. (3%)
each armed with guns, hailed several MMDA buses
ANSWER: then providing free transport to the stranded public
to stop them from plying their routes. They later on
The requisites of Self-Defense Is wanttng. Aramis commandeered one of the buses without allowing
cannot plead that his act in shooting Porthos was self- any of the passengers to alight, and told the driver
defense. There was no element of unlawful aggression to bring the bus to Tanay, Rizal.
as a condition sine qua non on the part of Porthos. Upon reaching a remote area in Tanay, Percy,
The accidental bumping of his car by Porthos cannot Pablo, Pater and Sencio forcibly divested the passengers
be considered as enough provocation, neither was of their cash and valuables. They ordered the passen-
the verbal tussle between them. gers to leave thereafter. Then, they burned the bus.
When a tanod of the barangay of the area came around
(c) Porthos insisted that the element of treachery to Intervene, Pater fired at him, instantly killing him.
was present. To rule out treachery, Aramis asserted that ,
both he and Porthos were then facing and confronting After Percy, Pablo, Pater and Sencio were
each other when he fired the shot. Rule, with reasons, arrested, the police authorities recommended them to
on the respective contentions. (3%) be charged with the following crimes, to wit: {1) car-
napplng; (2) robbery, (3) direct assault with homicide;
(4} kidnapping; and (5) arson.
CRIMINAL LAW
State your legal opinion on the recommendation two years and four months: medium period is two
of the police authorities on the criminal liabilities years, four months and one day to four years and two
incurred by Percy, Pablo, Pater and Sencio. (10%) months; and maximum period is four years, two
months and one day to six years.
ANSWER:
At arraignment, Sammy Peke pleads guilty to the
1. Carnapping is not committed. There is no crime charged.
showing that there is taking of the vehicle with
A.) Explaln how the Indeterminate Sentence Law is
intent to gain. In fact, they burned the bus.
applied in crimes punished by special laws. (3%)
2. Robbery is committed, the act of Tanay, Percy,
Pablo, Pater and Sencio in forcibly divesting the ANSWER:
passengers of their cash and valuables was committed
Indeterminate sentence law is applicable in
with violence and intimidation with intent to gain.
Special Laws by imposing upon the offender the
3. Direct Assault with homicide is improper. Any sentence which must not be less than what is provided
killing on occasion of Robbery amounts to the by Jaw as minimum penalty and must not be more
crime of Robbery with Homicide regardless of who than what is prescribed by law as maximum penalty.
was the person killed.
(b) Supposing the trial judge imposes a sfraight
4; Kidnapping is not also committed because penalty of imprisonment for one year, is the penalty
there is no showing that they have the intention to correct in the context of the Indeterminate Sentence
restrain the freedom of the passengers in exchange Law? Explain your answer. (3%)
of ransom.
5. A separate crime of Arson is committed ANSWER:
when they burned the bus after the commission of Yes, a straight penalty of one year is a valid
Robbery with Homicide.
sentence since it is not more than one year which
would require the application of Indeterminate
x. Sentence. The penalty of 1 year is correct provided
it is not less than what is prescribed by the law and
Sammy Peke was convicted of a violation of R.A. not more than what is prescribed by the law.
No. 123456 for selling fake books. The law prescribes
the penalty of prision correccional, a divisible penalty
whose minimum period is six months and one day to
CRIMINAL LAW
XI. When he openly displayed his firearm which

was tucked in his waist and approached the priest,
In his homily, Fr. Chris loudly denounced the many he commits the crime Interruption of religious
exirajudicial killings committed by the men in uniform. worship punishable under Art. 132 of the RPC.
Policeman Stone, · then attending the mass, was
(b) Offending the religious feelings as defined and
peeved by the denunciations of Fr. Chris. He
punished under Art. 133 of the Revised Penal Code.
immediately approached the priest during the homily,
openly displayed his firearm tucked in his waist, and Explain fully your answers. (8%)
menacingly uttered at the priest Father, · may
kalalagyan kayo kung hindi kayo tumigil. His brazen- ANSWER:
ness terrified the priest, who cut short his _homily then
and there. The celebration of the mass was disrupted, No, Policeman Stone is not liable under 133 of
and the congregation left the church in disgust over the the RPC.
actuations of Policeman Stone, a co-parishioner. Offending the religious feelings is committed by
Policeman Stone was subsequenfly charged. anyone who, in a place devoted to religious
The Office of the Provincial Prosecutor is now worship or during the celebration of any religious
about to resolve the case, and is mulling on what to ceremony shall perform acts notoriously offensive
charge Policeman Stone with. to the feelings of the faithful. There was no act
done which is notoriously offensive to the feelings of
May Policeman Stone be properly charged the faithful. Policeman Stone is however liable for
with either or both of the following crimes, or, if not, Grave Threats for the act done against the priest.
with what proper crime?
A.) Interruption of religious worship as defined

and punished under Art. 1 32 of the Revised Penal
Code; and/or • NOTHING FOLLOWS •
ANSWER:
Yes, Policeman Stone is liable for Interruption of

religious worship. It is committed by any public
officer or employee who shall prevent or disturb the
ceremonies or manifestations of any religion.
2018 BAR EXAMINATIONS to the next town to spend the night there. It turned
out that Ricardo was out of town when the incident
happened, and no one was in his room at the time
it was peppered with bullets. Thus, no one was
killed or injured during the incident.
Roberto and Ricardo have had a long-standing
dispute regarding conflicting claims over the (a) Was a crime committed? If yes, what is/are
ownership of a parcel of land. One night, Roberto the crime/s committed (2.5%);
was so enraged that he decided to kill Ricardo.
Roberto asked his best friend, Rafael, to lend him a ANSWER:
gun and drive him to Ricardo's house. Rafael knew
about Roberto's plan to kill Ricardo, but agreed to The offense committed is an impossible crime of
lend him a gun nevertheless. Rafael also drove Murder (Art. 4, Par. 2, RPC); the factual situation that
Roberto to the street corner nearest the house of made impossible the accomplishment of the crime
Ricardo. Rafael waited for him there, until the task intended when they prepared Ricardo's room with
had been accomplished, so that he could drive bullets, was the physical absence of the intended
Roberto to the next town to evade arrest. Roberto victim in the room. Impossible crime may be
also asked another friend, Ruel, to stand guard committed by any person performing an act which
outside Ricardo's house, for the purpose of warning would be an offense against persons or property,
him in case there was any danger or possible were it not for the inherent impossibility of its accom-
witnesses, and to keep other persons away from the plishment or an account of the employment of
vicinity. All three - Roberto, Rafael and Ruel - agreed inadequate or ineffectual means.
to the plan and their respective roles.
(b) If a crime was committed, what is the degree
On the agreed date, Rafael drove Roberto and of participation of Roberto, Rafael, and Ruel? (2.5%)
Ruel to the nearest corner near Ricardo's house.
Roberto and Ruel walked about 50 meters where ANSWER:
Ruel took his post· as guard, and Roberto walked
about five (5) meters more, aimed the gun at All the perpetrators (Roberto, Ricardo and
Ricardo's bedroom, and peppered it with bullets. Rafael) are criminally liable as principals since the
When he thought that he had accomplished his conspiracy among them was clearly established by
plan, Roberto ran away, followed by Ruel, and their participation. A conspiracy exists when two or
together they rode in Rafael's car where they drove more persons come to an agreement concerning
the commission of a felony and decide to commit
256 it. (Art. 8 of the RPC)
CRIMiN.AL LAW
II the presence of conspiracy. When a homicide takes

place by reason or on the occasion of robbery, all
Rico, a hit man, positioned himself at the rooftop those who took part shall be guilty of the special
of a nearby building of a bank, to s.erve as a lookout complex crime of robbery with homicide, whether or
for Red and Rod while the two were robbing the not they actually participated in the killing.
bank, as the three of them had previously planned.
Ramiro, a policeman, responded to the reported Regardless of the fact that the killing of the
robbery. Rico saw Ramiro and, to eliminate the woman depositor was individually performed by
danger of Red and Rod being caught, pulled the Rico, the basic principal in conspiracy is that the
trigger of his rifle, intending to kill Ramiro. He missed "act of one is the act of all", the criminal liability of
as Ramiro slipped and fell down to the ground. Rod and Red is one and the same with that of Rico
Instead, a woman depositor who was coming out of (People v. Hinlo (G.R. No. 212151, Feb. 18, 2015).
the bank was fatally shot. After their apprehension,
Rico, Red, and Rod were charged with the special Ill
complex crime of robbery with homicide. Rico's
defense was that he never intended to shoot and kill On February 5, 2017, Rho Rio Fraternity held
the woman, only Ramiro. Red and Rod's defense was initiation rites. Present were: (i) Redmont, the Lord
that they were not responsible for the death of the Chancellor and head of the fraternify; (ii) ten (10)
woman as they had no participation therein. members, one (1) of whom was Ric, and (iii) frve (5)
neophytes, one (1} of whom was Ronald. Absent were:
A.) Is Rico's defense meritorious? (2.5%)
(i) Rollie, the fraternity's Vice Chancellor and who
ANSWER: actually planned the initiation; and (ii) Ronnie, the
owner of the house where the lnlfiafion was conducted.
No, the defense is not meritorious. Any killing Due to the severe beating suffered by Ronald on
committed on occasion of robbery regardless who that occasion, he lost consciousness and was brought
the person killed is robbery with homicide. to the nearest hospital by Redmont and Ric. However,
Ronald was declared dead on arrival at the hospital.
(b) Is Red and Rod's defense meritorious? (2.5%)
During the investigation of the case, it was found
ANSWER: out that, although Ronald really wanted to join the
fraternity because his father is also a member of the
No, the defense of Red and Rod's is also not same fraternity, if was his best friend Ric who ultimately
meritorious. The concerted manner in which Rico, convinced him to join the fraternity and, as a
Red and Rod perpetrated the crime showed clearly prerequisite thereto, undergo initiation. It was also
260 BAR Q & A 2009-2019
CRIMINAL LAW
shown that Redmont and Ric did not actually parti- this Act, made by a recruit, neophyte, or applicant
cipate in the beating of the neophytes (hazing). The prior to an initiation rite that involves inflicting physical or
two (2) either merely watched the hazing or helped in psychological suffering, harm, or injury, shall be void
preparing food. And, lastly, two (2) days prior thereto, and without any binding effect on the parties. "The
Ronnie texted Rollie that the fraternity may use his defense that the recruit, neophyte, or applicant con-
house as the venue for the planned initiation.
sented to being subjected to hazing shall not be
Aside from those who actually participated in available to persons prosecuted under this Act."
the hazing, Redmont, Rollie, Ric, and Ronnie were Criminal intent is immaterial in the violation of
criminally charged for the hazing of Ronald that The Anti-H_azing Law, being a malum prohibitum.
resulted in the latter's death.
a.) Are the four criminally liable? (2.5%) IV

ANSWER: On the way home from work, Rica lost her
neckl.ace to a snatcher. A week later, she saw what
Yes, they are all liable. All persons who actually looked like .her necklace on display in a jewelry
planned or participated in the conduct of the store in Raon. Believing that the necklace on display
hazing are liable under R.A. 11053 or the '·'Anti- was the same necklace snatched from her the
Hazing Act of 2018". week before, she surreptitiously took the necklace
without the knowledge and consent of the store
(b) Can all those criminally charged be exone- owner. Later, the loss of the necklace was discovered,
rated upon proof that Ronald, knowing the risks, and Rica was shown on the CCTV camera of the
voluntarily submitted himself to the Initiation? Will the store as th~ culprit. Accordingly, Rica was charged
absence of proof that the accused intended to kill the with theft of the necklace. Rica raised the defense
victim affect their liability? (2.5%) that she could not be guilty as charged because
she was the owner of the necklace and that the
ANSWER:
element of intent to gain was lacking.
No, they would not affect their criminal liability. The What should be the verdict if:
defense of consent will not .apply because Sec. 12 of
R.A. 11053 states that any form of approval, consent, or a.) the necklace is proven to be owned by
agreement, whether written or otherwise, or of an Rica? (2.5%)
express waiver of the right to object to the initiation rite
or proceeding which consists of hazing, as defined in
262 BAR Q & A 2009-2019
C-R!MINAL LAW
ANSWER:
In statutory rape, consent is immaterial, and
force .and intimidation are not necessary in every
Rica is not liable for the crime of theft because the prosecution for statutory rape. Rape under
taking was made under a claim of ownership. The fact paragraph 3 of Article 335, RPC is termed statutory
of ownership negates any intention to gain, as Rica rape as it departs from the usual modes of
cannot steal the necklace which she claims to own. committing rape. What the law punishes in statutory
rape is carnal knowledge of a woman below twelve
(b) It is proven that the store acquired the years old. Hence, force and intimidation are
necklace from another person who was the real immaterial; the only subject of inquiry is the age of
owner of the necklace? (2.5%) the woman and whether carnal knowledge took
ANSWER: place. The law presumes that the victim does not
and cannot have a will of her own on account of her
Rica will be liable for the crime of Theft. Her act of tender years; the child's consent is immaterial
taking the property, thinking it was her property without because of her presumed incapacity to discern evil
ascertaining its ownership constitutes intent to gain. from good. (People vs. Ronquillo, G.R. No. 214762,
September 20, 2017)
V Romy shall also be liable for such crime either
as a principal by indispensable cooperation or as
With a promise of reward, Robert asked Romy to an accomplice.
bring him a young girl that he (Robert) con have
carnal knowledge with. Romy agreed, seized an (b) Will your answer in (a) be the same if the
eight-year old girl and brought her to Robert. After victim is a 15-year old lass who was enticed, through
receiving his reward, Romy left while Robert procee- cunning and deceit of Romy, to voluntarily go to the
ded to have carnal knowledge with the girl. house of Robert where the latter subsequently hod
carnal knowledge with her? (2.5%)
(a) For what felony may Robert and Romy be
charged? (2.5%)
ANSWER:
ANSWER:
If the offended party is 15 years old, they shall
Robert is liable for the ·dime of Statutory Rape, be liable for R.A. No. 7610 which covers sexual
having sexual intercourse with an 8-year-old girl. abuse committed against a child or children below
eighteen (18) years of age.
CRIMINAL LAW
Children, who for money, profit or · any other ANSWER:

consideration due to the coercion or influence of
any adult, syndicate or· group, indulge in sexual The members of the group who, by means of
intercourse or lascivious conduct, are deemed to be violence against or intimidation, shall take possession
children exploited in prostitution and other sexual of any real property or shall usurp any real rights in
abuse. Both Robert and Romy may be prosecuted property belonging . to another, is criminally liable
under the said law. under Art. 312 of the RPC or Occupation of real
property or usurpation of real rights in property.
VI
VII
A group of homeless and destitute persons
invaded and occupied the houses built by the Robbie and Ronnie are both inmates of the
National Housing Authority (NHA) for certain military National Penitentiary, serving the maximum penalty for
personnel. To gain entry to the houses, the group robbery which they committed some years before and
intimidated the security guards posted at the for which they have been sentenced by final judgment.
entrance gate with the firearms they were carrying One day, Robbie iried to collect money owed by
and destroyed the padlocks ·of the doors of the Ronnie. Ronnie insisted that he did not owe Robbie
houses with the use of crowbars and hammers. They anything, and after b shouting episode, Ronnie kicked
claimed that they would occupy the houses and live Robbie in the stomach. Robbie fell to the ground in
therein because the houses were idle and they were pain, and Ronnie left him to go to the toilet to relieve
entitled to free housing from the government. himself. As Ronnie was opening the door to the toilet
and with his back turned against Robbie, Robbie
For the reason that the houses were already
stabbed him in the back with a bladed weapon that he
awarded to military personnel who have bee·n
found to have fully complied with the requirements had concealed In his waist. Hurt, Ronnie ran to the
nearest "kubor' where he fell. Robbie ran after him · and,
for the award thereof, NHA demanded the group to
while Ronnie was lying on the ground, Robbie
vacate within ten (10) days from notice the houses
continued fo stab him, inflicting a total of 15 stab
they occupied and were still occupying. Despite
wounds. He died on the spot. Robbie immediately
the lapse of the deadline, the group refused to
vacate the houses in question. surrendered to the Chief Warden. When prosecuted for
the murder of Ranriie, Robbie raised provocation and
What is the criminal liability of the members of voluntary surrender as mitigating circumstances. The
the group, if any, for their actions? (5%) prosecution, on the other hand, claimed that there was
'treachery in the commission of the crime.
266 BAR Q & A 2009-2019
CRIMINAL LAW
( a) Is Robbie a recidivist, or a quasi-recidivist? immaterial as quasi-recidivism cannot be offset to any

(2.5%) ordinary mitigating circumstance.
ANSWER: VIII
Robbie is considered a quasi-recidivist pursuant Randy was prosecuted for forcible abduction
to Article 160 of the RPC. There is quasi-recidivism attended by the aggravating circumstance of reci-
when a person who shall commit a felony after divism. After trial, the court held that the prosecutor
having been convicted by final judgment, before was able to prove the charge. Nonetheless, it appre-
beginning to serve such sentence, or while serving ciated in favor of Rondy, on the basis of the defense's
the same, shall be punished by the maximum period evidence, the mitigatlng circumstances of voluntary
of the penalty prescribed by law for the new felony. surrender, uncontrollable fear, and provocation. Under
At the time he stabbed Ronnie which resulted in the Art. 342 of the Revised Penal Code (RPC), the penalty
latter's death, he had been convicted by final for forcible abductlon ls reclusion temporal.
judgment and had been serving sentence at the
National Penitentiary. Applying the Indeterminate Sentence Law,
what penalty should be imposed on Randy? (5%)
Robbie cannot be considered a recidivist. A
recidivist requires that the crimes committed must ANSWER:
be embraced in the same title of the RPC. Robbery
and Murder committed by Robbie are not With the presence of 1 aggravating circum-
embraced under the same title of the code. stance and 3 mitigating circumstances, there would
be off-setting, leaving now with 2 mitigating circum-
(b) Con the mitigating circumstances raised by stances. The presence of an aggravating circum-
Robbie, if proven, lower the penalty for the crime stance prohibits to go down degree lower. Hence
committed? (2.5%) the penalty to be imposed upon Randy after
applying the Indeterminate Sentence law shall be
ANSWER: within the range of Prision mayor in any of its period
within the discretion of the court up to reclusion
Being a quasi-recidivist which is a special aggra- temporal in its minimum period as maximum penalty.
vating circumstance, Robbie's shall be given a penalty
in its maximum period. (Art. 160 of the RPC). Hence, the *If there is a prohibition to go one degree lower
presence of the mitigating circumstances of lack of because of the presence of an aggravating circumstance,
sufficient provocation and voluntary surrender would be no matter how many mitigating circumstance present,
the penalty shall be in its minimum period.
"f

CRIMINAL LAW
IX (b) If the check is presented for payment after

four (4) months, but before it becomes stale, can
Rashid asked Rene to lend him PhPS0,000, the two actions still proceed? (2.5%)
payable in six (6) months and, as payment for the
With respect to the crime of Estafa, the present-
loan, Rashid issued a postdated check for the said
ment for payment beyond 90 days is of no moment.
amount plus the agreed interest. Rashid assured
For violation of BP 22, the 90-day period is not an
Rene that the account would have sufficient funds
element of the offense but merely a condition for the
on maturity date. On that date, Rene presented the
prima facie presumption of knowledge of the
check to the drawee bank for payment but it was
dishonored for the reason that it was drawn against insufficiency of funds. The check which must be
insufficient funds (DAIF). deposited within ninety (90) days is simply one of the
conditions for the prima facie presumption of
Rene sent Rashid a timely notice of dishonor of the knowledge of lack of funds to arise. It does not
check and demanded the latter to make good the discharge the offender from his duty to maintain
same within five (5) days from notice. After the lapse of sufficient funds in the account. (Bautista vs. CA GR.
the five (5)-day notice, Rene redeposited the check 143375, July 6, 2001)
with the drawee bank but it was again dishonored for
the same reason, i.e., DAIF. Rene thereafter filed two (2) X
separate criminal actions against Rashid: (1) Esfafa
under Art. 315(2)(d) of the RPC, as amended by R.A. Rafa caught his wife, Rachel, in the act of having
No. 4885, i.e, estafa committed by postdating a check, sexual intercourse with Rocco in the maid's room of
or issuing a check in payment of an obligation without their own house. Rafa shot both lovers in the chest,
sufficient funds in the bank; and (2) Violation of B.P. 22 but they survived. Rafa charged Rachel and Rocco
or the Bouncing Checks Law. with adultery, while Rachel and Rocco charged Rafa
with frustrated parricide and frustrated homicide.
(a) Can he be held liable under both actions?
(2.5%) In the adultery case, Rachel and Rocco raised
the defense that Rafa and Rachel, prior to the
ANSWER: Incident in question, executed a notarized document
whereby they agreed to live separately and allowed
Yes, he may be liable for both octions. There each of them to get a new partner and live with
will be no double jeopardy because the elements anyone of their choice as husband and wife. This
of the two (2) off ens es are different. Both cases can document was executed after Rachel discovered
independently proceed from each other. that Rafa was cohabiting with another woman. Thus,
CRIMINAL LAW
they also raised the defense of in pari delicto. In the XI

frustrated parricide and frustrated homicide cases,
Rafa raised the defense that, having caught them in Wielding loose firearms, Rene and Roan held
flagrante delicto, he has no criminal liability. up a bank. After taking the bank's money, the
robbers ran towards their getaway car, pursued by
Assuming that all defenses have been proven:
the bank security gu.ards. As the security guards
( a) Will the action for adultery prosper? (2.5%) were closing tn on the robbers, the two fired their
firearms at the pursuing security guards. As a result,
ANSWER: one of the security guards was hit on the head
causing his immediate death.
The action for adultery will proper. Adultery is
committed by any married woman who shdl! have For the taking of the bank's money and killing of
sexual intercourse with a man not her husband and the security guard with the- use of loose firearms, the
by the man who has carnal knowledge of her robbers were charged in court in two separate
knowing her to be married, even if the marriage be informations, one for robbery with homicide attended
subsequently declared void. (Article 333 of the RPC) by the aggravaffng circumstance of use of loose
The document executed by Rafa and Rachel is void firearms, and the other for illegal possession of firearms.
since in pari delicto is not applica~le in criminal cases. Are the indictments correct? (5%)
(b) Will the actions for frustrated parricide and ANSWER:

frustrated homicide prosper? (2.5%)
The crime committed by Rene and Roan is
No, Rafa can invoke Art. 247 of the RPC since Robbery with Homicide. Any killing committed on
he caught his wife, Rachel, in the act of having
occasion of Robbery shall give rise to a complex
sexual intercourse with another person in the maid's
crime of Robbery with Homicide. The illegal possession
room of their own house.
of firearm is to be taken as an aggravating circum-
Death or physical injuries inflicted under excep- stance in the crime of murder in accordance to R.A.
tional circumstances is committed by any legally 10591 where the use of a loose firearm is inherent in
married person who having surprised his spouse in the the crime committed, the use of a loose firearm is an
act of committing sexual intercourse with another aggravating circumstance and not a separate case.
person, shall kiH any of them or both of them in the
act or Immediately thereafter, or shall inflict upon
them any serious physical injury, shall suffer the
penalty of destierro.
·. :.·•
..
272 BAR Q & A 2009-2019

CRIMINAL LAW .f
,.
XII spouse before the same shall have passed into

the possession of another; and
Orphaned when still an infant, Rocky lived under
the care of his grandmother Rosario. Now 18, Rocky 3. Brothers and sisters and brothers-in-law and
entered Rosario's bedroom who was then outside sisters-in-law, if living together.
doing her daily marketing. He ransacked the
bedroom and took Rosario's money and valuables XIII
amounting to PhP100,000.
The brothers Roberto and Ricardo Ratute, both
When Rosario came home, she found her room Filipino citizens, led a group of armed men in seizing
in disarray, and her money and valuables gone. a southern island In the Philippines, and declaring
She confronted Rocky, who confessed to taking the war against the duly constituted government of the
money and valuables in order to pay his debts. country. The Armed Forces of the Philippines (AFP),
a.) What crime, if any, did Rocky commit? led by its Chief of Staff, General Riturban, responded
{2.5%) and a full scale war ensued between the AFP and the
armed men led by the brothers. The armed conflict
ANSWER: raged for months.
When the brothers-led armed men were running
Th.e crime committed is Qualified Theft since
out of supplies, Rlcalde, also a Filipino, and a good
the toking was done with abuse of confidence as
friend and supporter of the Ratute brothers, was
Rocky is living with his grandmother.
tasked to leave for abroad in order to solicit arms and
funding for the cash-strapped brothers. He was able
(b) Does he incur criminal and/or civil liability? to travel to Rwanda, and there he met with Riboli, a
{2.5%) .
c.itizen and resident of Rwanda, who agreed to help
Rocky is not criminally liable, being an ascendant the brothers by raising funds internationally, and to
of Rosario as Art. 332 (RPC) provides no criminal liability send them to the Ratute brothers in order to aid them
but only civil from the commission of the crime of theft, In their armed struggle against the Philippine govern-
swindling or malicious mischief committed caused ment. Before Ricalde and Riboli could complete their
mutually by the following persons: fund-raising activities for the brothers, the AFP was
able to reclaim-the Island and defeat the Ratute-led
1. Ascendants and descendant. uprising.
2. The widowed spouse with respect to the Ricalde and Riboli were charged with conspiracy
property which belonged to the deceased to commit treason. During the hearing of the two
CRlMINAL ~AW
cases, the government only presented as witness, gifted them with a trip to Amsterdam, all expenses
General Riturban, who testified on the activities of the paid. At age 16, this was their first European trip.
Ratute brothers, Ricalde, and Riboli. Thrilled with a sense of freedom, they decided to try
(a) Can Rlcalde and Riboli be convicted of the what Amsterdam was known for. One night, they
crime of conspiracy to commit treason? (2.5%) scampered out of their hotel room, went to the De
Wallen, better known as the Red-light District of
ANSWER: Amsterdam. There, they went to a "coffee shop"
which sells only drinks and various items made from
Ricalde and Riboli cannot be convicted of the opium poppy, cannabis, and marijuana, all of
crime of conspiracy to commit treason because which are legal in Amsterdam. They represented
there was no war existing When they committed themselves to be of age, and were served, and
the acts which is among the elements. took shots of, cannabis and marijuana products.
They indulged in these products the whole night,
(b) Will the testimony of General Riturban, even if it was their first time to try them.
assuming he can testify on acts within his personal
Before returning to Manila, they bought a dozen
knowledge, be sufficient to convict the Ratute
lollipops laced with cannabis, as souvenir and
brothers, Ricalde, and Riboli? (2.5%)
"pasolubong" for their friends. They were accosted at
ANSWER: the Manila International Airport and were charged
with importation of dangerous drugs under the
The testimony of General Riturban alone will not Comprehensive Dangerous Drugs Act of 2002. They
be sufficient to convict the Ratute brothers, Ricalde were also charged with use of dangerous drugs after
and Riboli for the crime of treason because of the pictures of them in the llcoffee shop" in Amsterdam
two-witness rule. However, his testimony alone will be were posted on Facebook, showing them smoking
sufficient to convict-them for the crime of conspiracy and taking shots of a whole menu of cannabis and
to commit treason since the two-witness rule will not marijuana products. Their own captions on their
apply in the said crime. Facebook posts clearly admitted that they were
using the dangerous products. The pictures were
posted by them through Private Messenger (PM) only
XIV
for their close friends, but Roccino, the older brother
Robin and Rowell are best friends and have of one of their best friends, was able to get hold of his
been classmates since grade school. When the
younger brother's password, and without authority
boys graduated from high school, their parents from _his brother, accessed his PM and shared Robin
and Rowell's Amsterdam photos on Facebook.
CRIMINAL LAW
( a) Can Robin and Rowell be prosecuted for (c) lffound liable under either (a) or (b) above,
use of dangerous drugs for their one-night use of what is the penalty that may be imposed on iihem?
these products in Amsterdam? (2.5%) (2.5%}
ANSWER: ANSWER:
Robin and Rowell cannot be prosecuted by Both Robin and Rowell are exempted from
Philippine courts, because they did not use the criminal liability because they are minors provided
dangerous drug within its territory, under the they acted without discernment. If they acted with
principle of territoriality. discernment, they shall be criminally liable but they
shall be subjected to the provisions of RA 9344
(b) Can they be prosecuted for importation of ("Juvenile Justice and Welfare Act of 2006")
dangerous drugs? (2.5%)
(d) Can Roccino be prosecuted for the act of
ANSWER: accessing and sharing on Facebook the private
pictures sent by PM to his brother? If yes, for what
They can be prosecuted for importation of crime? (2.5%)
dangerous drugs under RA 9165, which provides:
"Section 4. Importation of Dangerous Drugs ANSWl;R:
and/or Controlled Precursors and Essential
Roccino shall be liable for the vioiation of RA
Chemicals.-The penalty of life imprisonment to
10175 or the Cybercrime Prevention Act of 2012. All
death and a ranging from Five hundred thousand
crimes defined and penalized by the Revised Penal
pesos (PS00,000.00) to Ten million pesos (Pl0,000,
Code, as amended, and special laws, if committed
000.00) shall be imposed upon any person, who,
by, through and with the use of information and
unless authorized by law, shall import or bring into
communications technologies shall be liable under
the Philippines any dangerous drug, regardless of
R.A 10175.
the quantity and purity involved, including any
and all species of opium poppy or any part
thereof or substances derived therefrom even for xv
floral, decoratiye qnd culinary purposes".
During the presentation of the prosecution's
evidence, Relchter was called to the witness stand
with the stated purpose that he would testify that his
wife Rima had shot him in the stomach with a .38
CRIMINAL LAW
caliber pistol, resulting in near fatal injuries. Upon ANSWER:

objection of the defense on the ground of the marital
disqualification rule, the presiding judge (Judge Judge Rossano is liable for Unjust interlocutory
Rossano) disallowed Reichter from testifying in the order under Article 206 of the RPC. Any judge who
case. Its motion for reconsideration having been shall knowingly render an unjust interlocutory order
denied, the People of the Philippines went up on or decree shall suffer the penalty of arresto mayor
certiorari to the Court of Appeals {CA) questioning in its minimum period and suspension. It is apparent
Judge Rossono's ruling. that Judge Rossana made an unjust interlocutory
order despite CA 's ruling on the certiorari case.
After due proceedings, the CA rendered judg-
ment declaring Judge Rossano's ruling void ab initio
for having been made with grave abuse of discretion XVI
amounting to lack or excess of jurisdiction, and
For the past five years, Ruben and Rorie had
directing Judge Rossano to allow Reichter to testify In
the criminal case for the stated purpose. This is based been living together as husband and wife without the
ori the fact that the marital privilege rule does not benefit of marriage. Initially, they had a happy
relationship which was blessed with a daughter,
apply where a spouse committed the crime against
the other. Rona, who was born on March 1, 2014. However, the
partners' relationship became sour when Ruben
As the CA decision became final and executory, began indulging in vices, such as women and
the criminal case before the RTC was calendared· for alcohol, causing frequent arguments between them.
trial. At the scheduled trial, the prosecution called Their. relationship· got worse when, even for slight
Reichter to the witness stand in order to testify on the mistakes, Ruben would lay his hands on Rorie. One
same matter it earlier announced. The defense day, a tipsy Ruben barged into their house and, for
objected on the ground that the CA erred in its dispo- no reason, repeatedly punched Rorie in the stomach.
sition of the certiorari case. Judge Rossano sustained To avoid furth~r harm, Rorie ran out of the house. But
the objection and again disallowed Reichter from Ruben pursued her and stripped her naked in full
testifying in the criminal case. Repeated pleas from view of their neighbors; and then he vanished.
the prosecution for Judge Rossano to reconsider his
Ten days later, Ruben came back to Rorie and
ruling and to allow Reichter to testify fell on deaf ears.
pleaded for forgiveness. However, Rorie expressed
May Judge Rossano be convicted of a crime? her wish to live separately from Ruben and asked
If yes, what crime did he commit? (5%) him to· continue providing financial support for their
daughter Rona. At that time, Ruben was earning
enough to support a family. He threatened to
CRIMINAL LAW
withdraw the support he was giving to Rona unless resident, after retiring from her work in Russia, and
Rorie would agree to live with him agair1. But Rorie was planning to set up a diving school in the area. In
was steadfast in refusing to live with Ruben again, a non-notarized "Kasunduan ng Pagbibili," Ramsey
and insisted on her demand f.or support for Rona. As represented the property as alienable and disposable,
the ex-lovers could not reach an agreement, no and that he had a valid title to the property. When the
further support was given by Ruben. sale was completed, and as she was applying for
What crimes did Ruben commit: permits and licenses for her school, she found out that
the property was a public non-alienable and non-
(a) For beating and humiliating Rorie? (2.5%) disposable land which Ramsey had bought from
someone who only had a foreshore lease over the
ANSWER:
same. As she was bent on setting up the diving
school in the area, having made all the preparations
Ruben is liable for violation of R.A. 9262, known and having already bought all the equipment, she
as the "Anti-Violence Against Women and Their
tiled a Miscellaneous Lease Applicafion (MLA) with the
Children Act of 2004," particularly section 3 {a) Department of Environment a_nd Natural Resources
thereof under "Physical Violence" referring to acts (DENR} at the Community Environment and Natural
that include bodily or physical harm against a Resources Office in Romblon. In her application, she
woman with whom the person has or had a sexual stated that she was a Filipino citizen, although she
or dating relationship.
was still a naturalized Russian citizen at that time. It
was only six months after she tiled the MLA that she
(b) For withdrawing support for Rona? (2.5%). tiled her petition for dual citizenship under R.A. No.
ANSWER: 9225. When DENR discovered that, at the time of filing
the MLA, she was still a Russian citizen, her
Since a violation for RA 9262 includes economic application was denied and she was charged with
abuse, withdrawal of financial support or deliberately falsification of a public document for misrepresenting
giving insufficient support, Ruben is also liable under herself as a Filipino citizen. Infuriated, Robina also
the said provision of R.A. 9262. filed charges against Ramsey for falsification of a
private document for stating in their "Kasunduan" that
the property was alienable and disposable.
XVII
In the case for falsification of a public document,
Robina bought from Ramsey a seaside property Robina's defense was that, at the time she filed the
located in Romblon. At that time, she was in the MLA,. sh~ had every intention to reacquire Philippine
process of returning to the Philippines as a returning citizenship, as in fact she filed for dual citizenship six
CRIMINAL LAW
months thereafter, and that she had no intent to gain There is no showing that Ramsey had the
or to injure the Philippine government since she intention to cause damage to Robina through his act
expected that her application for dual citizenship of executing the "Kasunduan ng Pagbibili" and
would be approved before the MLA could be representing therein that the property is alienable
approved. On the other hand, she claimed in the and disposable since he relied on his valid Transfer
action against Ramsey that intent to gain was present Certificate of Title. Robina, on the other hand, after
since he received the purchase price as a result of applying for permits and licenses for her school found
his misrepresentation. Ramsey's defense was that he out that the property was a public non-alienable and
had a valid Transfer Certificclfe of Title in his name, non-disposable land but still continued on setting up
and he had a right to rely on his title. the diving school in the area.
A.) Will the case for falsification of public
document filed against Robina prosper? (2.5%) XVIII
ANSWER: Mrs. Robinson is a teacher at an elementary

school. In one of her classes, she found, to her
Yes, the case for falsification of public document consternation, that an 8-year old Richard was always
agoinst Robina will prosper. Falsification of public the cause of distraction, as he was fond of bullying
document is committed by a private individual classmates smaller in size than him.
who falsifies public or official document where in One morning, Reymart, a 7-year old pupil,
the latter made an untruthful statement. When she cried loudly and complained to Mrs. Robinson that
stated that she was a Filipino citizen, although she Richard had boxed him on the ear. Confronted by
was still a naturalized Russian citizen, she made dn Mrs. Robinson about Reymart's accusation, Richard
untruthful statement in her citizenship. Thus, a case sheepishly admitted the same. Because of this, Mrs.
for falsification of public document against Robina Robinson ordered Richard to lie face down on a
will prosper.
desk during class. After Richard obliged, Mrs.
Robinson hit him ten (10) times on the legs with a
(b) Will the case for falsification of private ruler and pinched his ears. Richard ran home and
document filed against Ramsey prosper? (2.5%) reported to his mother what he had suffered at the
hands of Mrs. Robinson. When Richard's parents
ANSWER:
went to Mrs. Robinson to complain, she interposed
No, it will not prosper because intent to cause the defense that she merely performed her duty as
damage is an element of falsification of Private a teacher to discipline erring pupils.
Document
CRIMINAL LAW
Richard's parents ask your advice on what whispered to the latter to refrain from issuing him a
actions can be instituted against Mrs. Robinson for traffic violaHon receipt. The traffic enforcer still issued
acts committed on their minor child. him a ticket, and returned his money.
( a) May Mrs. Robinson be charged with child What crime, if any, was committed by Ricky?
abuse OR slight physical injuries? (2.5%) (5%)
ANSWER: ANSWER:
Mrs. Robinsons may be charged with child Ricky committed the crime of Attempted
abuse. The act of inflicting injury upon the child was Corruption of public officials under Art. 212 of the
excessive and unreasonable for the purpose of RPC, which states that any person who shall have
considering it as a form of discipline. Sec. 10 of R.A. made the offers or promises or given the gifts or
761O provides that any person who shall commit a".)y present to a public officer is ·guilty of corruption of
other acts of child abuse, cruelty or exploitation or be public officer. Considering it was not accepted by
responsible for other conditions prejudicial to the the traffic enforcer, the crime committed is in its
child's development is liable under such Act. attempted stage.
(b) May Mrs. Robinson be charged with child

-NOTHING FOLLOWS-
abuse AND slight physical injuries? {2.5%)
ANSWER:
No, Mrs. Robinson cannot be charged with both

of child abuse and slight physical injuries because
physical injuries inflicted upon the minor is deemed
absorbed in the charge for violation of R.A. 7610.
XIX
Ricky was driving his car when he was flagged

down by a traffic enforcer for overspeeding. Realizing
his undoing, but in a hurry for a meeting, Ricky shoved
a PhP500 bill in the traffic enforcer's pocket and
2019 BAR EXAMINATIONS Less grave felonies are those which the law
punishes with penalties which in their maximum
PART I period are correctional, in accordance with the
above-mentioned Article.
A.1.
Light felonies are those infractions of law for the
Define/distinguish the following terms: commission of which a penalty of arrest menor or a
(a) Mala in se and mala prohibita (2%) fine not exceeding 200 pesos or both; is provided.
(Art. 9 of the RPC)
ANSWER:
(c) Aberratio ictus, error in personae, and
In crimes malum in se, an act is by nature wrong, praefer intentionem (3%)
evil or bad, and so generally condemned. The moral
trait of the offender is involved; thus, good faith or ANSWER:
lack of criminal Intent on the part of the offender is a
defense, unless the crime is the result of criminal In praeter intentionem, · the injurious result is
negligence. Correspondingly, modifying circumstances greater than that intended by the offender. The
are considered in punishing the offender. presence of these circumstances will alter the criminal
liability of the accused. Thus:
In crimes mala prohibitum, an act is not by
nature wrong, evil or bad. Yet, it is punished In aberratio ictus, two offenses are actually
because there is a law prohibiting them for public committed by the .offender, that which he intended
good, and thus good faith or. lack of criminal intent to commit and that which he actually committed.
in doing the prohibited act is not a defense. · But if these two offenses are both either grave or less
grave, since they are produced by one single act, a
(b) Grave, less grave, and light felonies (3%) complex crime will result.
ANSWER:
Grave felonies are those to which the law

attaches the capital punishment or penalties which
in any of their periods are afflictive, in accordance
I In the case of error in personae, the offender shall
be guilty of the crime actually committed by him, but
the penalty to be imposed shall either be the penalty
for the crime actually committed or that for the crime
intended to be committed, whichever is lower, but the
same will be imposed in its maximum period.
with Art. 25 of this Code.
In the case praeter intentionem, the offended, will
286
incur criminal liability for the felony actually committed
CRIMINAL LAW
by him, but he will be entitled to the mitigating (b) Assuming that A, B, and Care also charged,
circumstance of not having intended to commit so may they be held criminally Hable together with Mr.
grave a wrong as that which he committed. X? Explain. (2%)
A and B are liable for the crime of Rape as
A.2.
they acted in conspiracy with Mr. X. Since C
Mr. X has always been infatuated wfth Ms. Y. desisted to participate in the commission of the
Scorned by Mr. Y's disregard for ·his feelings towards crime, he is not liable even if he took part in the
her, Mr. X came up with a plan to abduct Ms. Y in planning of the commission of the crime as he
order to have carnal knowledge of her with the decided not to commit it.
help of his buddies, A, B, and C.
A.3.
On the day they decided to carry out the plan, ·
and while surreptitiously waiting for Ms. Y, C had a Mr. 0, a 75-year old retiree who has been a
change of heart and left. This notwithstanding, Mr. X, widower for the last ten {10) years, believed that,_ at
A, and B continued with the plan and abducted Ms. Y past 70, he is licensed to engage in voyeurism to
by forcefully taking her to a deserted house away satisfy his lustful desires. If not peeping into his
from the city. There, Mr. X restrained Ms. Y's arms, neighbors' room through his powerful single-
while A held her legs apart. B stood as a lookout. Mr. cylinder 'telescope, he would trail young, shapely
X was then able to have carnal knowledge of Ms. Y, girls along the hallways and corridors of shopping
who was resisting throughout the entire ordeal. malls, while going up the escalator, he stayed a
Consequently, Mr. X was charged with the crime step behind a mini-skirted, 20-year old girl, and in
of Forcible Abduction under the Revised Penal Code. the heat of the moment, put his hand on her left
buttock and massaged it. The girl screamed and
a.) Is the charge against Mr. X proper? Explain. hollered for help. Mr. 0 was thus apprehended and
(3%) charged with Acts of Lasciviousness under Article
336 of the Revised Penal Code. Mr. O's counsel,
ANSWER: however, claimed that Mr. 0 should only be charged
with the crime of Unjust Vexation.
The crime committed by Mr. X is Rape. The
primordial intent of X is to have sexual intercourse Is the contention of Mr. O's counsel tenable?
with Ms. Y. The taking of Ms. Y was only a necessary Explain (2.5%)
mean to commit the crime of Rape.
CRIMINAL LAW
ANSWER: committed is a complex crime of Robbery with

The counsel of Mr. 0 is correct. 0 may held Homicide.
liable for Unjust vexation only as his acts do n.ot
clearly show lewd design but since it caused (b) Based on your answer in question (a), within
annoyance and irritation to the offended party, he what period should the prosecution file the criminal
may be criminally liable for unjust vexation which is charge against Mr. R in order to avoid prescription?
a crime of last resort. Explain (2%)
Robbery is punishable by a capital punishment.
A.4. Hence, it will prescribe in 20 years from the day of the
commission of the crime, if known or if unknown, from
In dire need of money, Mr. R decided to steal the discovery.
from his next-door neighbor, Mrs. V. On the night of
May 15, 2010, Mr. R proceeded with his plan entered (c) May Mr. R validly invoke the justifying
Mrs. V's bedroom by breaking one of the windows circumstances of self-defense? Explain (2.5%)
from the outside. Finding Mrs. V sound asleep, he
silently foraged through her cabinet, and stashed all ANSWER:
the bundles of cash and jewelries he could find.
No, self-defense may not be invoked since Mr.
As Mr. Rwas about to leave, he heard Mrs. V shout, R in the first place is the aggressor and Mrs. V was
"Stop or I will shoot you!", and when he turned around, actually acted in defense of his property.
he saw Mrs. V cocklng a rifle which has pointed at him.
Fearing for his life, Mr. R then lunged at Mrs. V and was
able to wrest fhe gun away from her. Thereafter, Mr. R A.5.
shot Mrs. V, which resulted in her death. Mr; R's deeds
In August 2018, B entered into a contract with S for
were discovered on the very same night as he was seen
the purchase of the latter's second-hand car In the
by law enforcement authorities fleeing the crime scene.
amount of P400,000.00 payable in two (2) equal
a.) What crlme/s did Mr. R commit under the monthly Installments. Simultaneously with the signing
Revised Penal Code? Explain (2.5%) of the contract and S's .turnover of the car keys, B
executed, issued, and delivered two (2) post-dated
ANSWER: checks, .all payable to S, witt, the assurances that they
will be honored on their respective maturity dates.
Mr. R is liable for Robbery with Homicide. When
death occurs on occasion of Robbery, the crime
292 BAR Q & A 2009-2019
CRIMINAL LAW
However, all fwo (2) checks were dishonored for consequently prevented from setting the rest house
being drown against insufficient funds. Consequently, on fire. Mr. A was then charged with Frustrated Arson.
notices therefore were duly issued to and received
by B, but this noiwithstanding, no payment arrangements a.) Is the charge of Frustrated Arson proper?
were mode by him. Further, upon S's investigation, it Explain. (2%)
was uncovered that B's checking account had only
~50,000.00 when its was opened in June 2018 and.no ANSWER:
further deposits were made after that. S also found
There is no such crime as Frustrated Arson
out that B knew fully well of such circumstance at the
time he issued the fwo (2) checks. because even if a part of the premise was burned,
the crime is already consummated.
What crime/s should B be charged with and for
how many counts? Explain (5%) (b) Assuming that Mr. A successfully burned
down Mr. B's rest house, and as a result, Ms. C was
ANSWER: trapped therein and was subsequently killed in the
fire, what crime/s did Mr. A commit? Explain. (3%)
B is liable for one count of Estafa and two counts
of violation of BP 22 for the issuance of two worthless ANSWER:
checks. As the checks were issued simultaneously to
the delivery of the keys of the car, there was Estafa in The crime committed is Arson. Any death
the instant case. On the other hand, the receipt of B which occu~s on occasion of Arson is absorbed.
of the notice of dishonor and his failure to pay the
value of the check or make arrangement for A.7.
payment thereof constitutes the violation of BP 22.
Mr. L is a newspaper reporter who writes about
A.6. news items concerning the judiciary. Mr. L believed
that members of the judiciary can be criticized and
Mr. A has a long-standing feud with Mr. B. As exposed for the prohibited acts that they commit by
payback for Mr. B's numerous transgressions against virtue of the public nature of their offices. Upon
him, Mr. A planned to bum down Mr. B's rest house. receiving numerous complaints from private citizens,
Mr. Lreleased a scathing newspaper expose involving
One night, Mr. A went to the rest house and
Judge G and his alleged acts constituting graft and
started pouring gasoline on its walls. However, just as
corruption. Consequently, Mr. L was charged with the
Mr. A had lit the match for burning, · he was
crime of Libel.
discovered by Mr. B's caretaker, Ms. C, and was
CRIMINAL LAW
In response, Mr. L contended that truth is a valid Consequently, Mr. D was frisked by the arresting officer,
defense in Libel and in this relation, claimed that he and aluminum foils, plastic lighters, and another plastic
was only exposing the truth regarding Judge G's sachet of shabu were obtained from him. The items
misdeeds. Further, Mr. L contended that in any event, were marked immediately upon confiscation, and they
his expose on Judge G is based on the complaints he were likewise inventoried and photographed at the
received from private citizens, and as such, should place of arrest. Throughout the process, a media
be deemed as a mere fair commentary on a matter representative was able to witness the conduct of the
of public interest. marking, inventory, and photography of the seized
items In the presence of Mr. D.
A.) Are the contentions of Mr. L tenable?
Explain. (3%) Mr. D was then charged with the crimes of Illegal
Sale and Illegal Possession of Dangerous Drugs. In
Mr. Lis correct. The statement made by Mr. L is a defense, he lamented that the chain of custody
qualified privilege communication. In the absence of
procedure under Section 21, Article II of the
malice, the statement made is not libelous.
Comprehensive Dangerous Drugs Act of 2002, as
amended, was not followed because only a media
(b) What is the effect on the criminal liability of representative was present. In response, the prosec_ution
an accused if he or she publishes a libelous article maintained that the said media representative was c:i
on an online news platform? Explain. (2 %) . very credible reporter and as such, the presence of
ANSWER: any other witness was unnecessary.
A.) Was the chain of custody procedure validly
Since the libelous statement was made through complied with in this case? If not, was the deviation
the use of internet, the offender shall be liable for from such procedure justified? Explain. (3%)
Cyber Crime Act and the offender thereof shall be
punished one degree higher . from the penalty ANSWER:
provided in the Revised Penal Code.
The chain of custody was not validly cornplied
A.8. because of the violation of the three witness rule.
Under R.A. 10640, the accused or his representative
After a successful entrapment operation by the or counsel, a barangdy elected official and a repre-
Philippine Drug Enforcement Agency, Mr. D, a known sentative from the media or from the DOJ must be
drug pusher, was arrested on January 15, 2019. for present during the inventory.
having been caught in flagrante delicto selltng a pack
of shabu, a prohibited drug, to the poseur-buyer.
CRIMINAL LAW
The deviation from the procedure is not justified ANSWER:

in the absence of any justifiable reason for its non-
compliance. Mr. U is liable for Usurpation of official function
under Art. 177 of the RPC for solemnizing marriagf,,
(b) What is the consequence of an unjustified the authority of which belongs to Mayor Z.
deviation from the chain of custody rule to the
criminal case against Mr. D? Explain. (2%) (b) Assuming that Mayor Z signed the marriage
certificate which stated that he solemnized the
ANSWER: marriage of X and Y, what crime may Mayor Z be
charged with under the RPC? Explain. (2.5%)
While the failure to observe Sec. 21 of R.A. 9165
will not automatically render the evidence confiscated ANSWER:
from the possession of the accused inadmissible, in the
absence of a justifiable reason offered by the appre- Mayor Z is liable for falsification under Article
hending officers, the non-compliance to sec. 21 will 171 of the RPC, being a public officer and having
amount to an acquittal as the integrity of the corpus falsified the marriage contract of X and Y.
delicti was not duly preserved.
A.10.
A.9.
Distinguish Rebellion under the Revised Penal
X and Y approached Mayor i and requested him Code and Terrorism under the Human Security Act
to solemnize their marriage. On the day of the of 2007. (2.5%) ·
ceremony, X and Y proceeded to Mayor ts office but
he was not there. Mayor Z's chief of staff, Mr. U, ANSWER:
however, represented that he himself can solemnize
their marriage and just have Mayor Z sign the Rebellion under the RPC is committed by rising
marriage certificate when the latter comes back. publicly and taking arms against the Government for
Consequentty, upon X and Y's assent, Mr. U solemnized the purpose of removing from the allegiance to said
the marriage, despite his lack of authority therefor. Government or its laws, the territory of the Philippine
.Islands or any part thereof, of any body of land, naval
(a) What crime may Mr. U be charged with or other armed forces, depriving the Chief Executive
under the Revised Penal Code (RPC)? Explain. or the Legislature, wholly or partially, of any of their
(2.5%) powers or prerogatives. (As amended by R.A. 6968).
CRIMINAL LAW
Rebellion however under the Human Security victim are not Filipino nationals, and besides, the
Act of 2007 is among the crimes which makes the alleged crime was committed in an Indonesian-
offender guilty of the crime of terrorism as it sows and registered vessel.
create a condition of widespread and extraordinary
fear and panic amohg the populace, in order to (a) Is Ms. M's contention against the application
coerce the government to give in to an unlawful of the RPC against her tenable? Explain. (3%)
demand. (Sec. 3 of R.A. 9372)
ANSWER:
• END OF PART 1- No, Ms. M's contention is untenable. Under the
generality principle, penal laws shall be obligatory
PART II upon all who live or sojourn in the Philippines territory
(Article 14 of the Civil Code). The foreign characteristic
of an offender and offended party does not exclude
B.11. her from the operation of penal laws. Under the
Revised Penal Code, except as provided in treaties
Ms. M, a Malaysian visiting the Philippines, was
and laws of preferential application, penal laws of the
about to depart for Hong Kong via an Indonesian-
Philippines shall have force and effect within its territory.
registered commercial vessel. While on board the
vessel, which was still docked at the port of Manila, Here, since the killing took place within the
she saw her mortal enemy, Ms. A, an Australian Philippine territory, our penal laws applies, and Ms. M
citizen. Ms. A was seated at the front portion of the may be held criminally responsible for murder despite
cabin and was busy using her laptop, with no idea being a Malaysian citizen. The contention of Ms. M
whatsoever that Ms. M was likewise onboard the ship. that she could not be prosecuted in Manila because
the vessel is an Indonesian-registered ship is without
Consumed by her anger towards Ms. A, Ms. M
merit. Our jurisdiction recognizes and follows the
stealthily approached the Australian from behind,
English Rule. Crimes committed aboard a vessel
and then quickly stabbed her neck with a
within the territorial waters of a country are triable in
pocketknife, resulting in Ms. A's immediate death.
the courts of such country, except when the crimes
Operatives from the Philippine National Police -
merely affect things within the vessel, or when they
Maritime Command arrested Ms. M for the killing of
only refer to the internal management thereof. Here,
Ms. A and thereafter, Intended to charge her under
since the crime was committed within Philippine
the Revised Penal Code (RPC). Ms. M contended that
waters and neither exception applies, Ms. M may be
the provisions of the RPC cannot be applied and
prosecuted in Manila.
enforced against her because both she and the
300 BAR Q & A 2009-2019 2019 BAR EXAMll'1ATIONS 301
CRIMINAL LAW
{b) Assuming that the provisions of the RPC can (c) May Mr. N avail of the benefits of the
be applied against Ms. M, what crime under the Indeterminate Sentence Law with resped to his
RPC should she be charged with? Explain. (2%} convictions for Murder and Grave Threats? Explain. (3%)
Ms. M is liable for the crime of Murder qualified by ANSWER:
treachery as the attack was so sudden that the offended
party was not afforded opportunity to defend herself. For the Murder charges, he is disqualified to the
application of the Indeterminate Sentence Law since
8.12. the crime is punishable by Reclusion Perpetua.
In November 2018, Mr. N, a notorious criminal, For Grave Threats, Indeterminate Sentence
was found guilty of three (3) counts of Murder and was Law shall apply.
consequently sentenced with the penalty of reclusion
perpetua for each count. A month after, he was ( d) Is Mr. N considered a habitual delinquent?
likewise found guilty of five (5) counts of Grave Threats Explain. (2.5%)
in a separate criminal proceeding, and hence, meted
with the penalty of prision mayor for each count. ANSWER:
(a) What are the respective durations of the A person shall be deemed to be habitual
penalties of reclusion perpetua and prision mayor? delinquent if within a period of ten years from the
(3%) date of his release or last conviction of the crimes
of serious or less serious physical injuries, robo, hurto,
ANSWER: estafa or falsification, he is fouQd guilty of any of
said crimes a third time or oftener.
Reclusion Perpetua has a duration of 20 years
and 1 day to 40 years. Prision Mayor has a duration Since Murder and Grave Threats are not
of 6 years and 1 day to 12 years. among the crimes mentioned, he is not deemed a
habitual delinquent.
{b) How long will Mr. N serve all his penalties of
imprisonment? Explain. (2.5%)
8.13.
ANSWER:
Mr. Q was found guilty beyond reasonable
Mr. N may serve 3 times the number of the most doubt of the crime of Serious Physical Injuries, and
severe penalty imposed upon him in accordance to the accordingly, was sentenced to suffer the penalty of
three-fold rule which must not be more than 40 years. imprisonment for an indeterminate period of six ( 6)
CRIMINAL LAW
months of arresto mayor, as minimum, to four (4) ANSWER:

years, two (2) months, and one (1) day of prision
correccional, as maximum. He was also ordered to Voluntary surrender and plea of guilt may be
pay the victim actual damages in the amount of appreciated in favor of Mr. X.
~50,000.00, with subsidiary imprisonment in case of
insolvency. (b) Under the Revised Penal Code, Homicide is
punished with the penalty of reclusion temporal.
Was the imposition of subsidiary imprisonment Without applying the Indeterminate Sentence Law,
proper? Explain. (3%)
what penalty should be imposed against Mr. X
ANSWER: assuming that he ls found guilty of the charge of
Frustrated Homicide, and that the presence of two
No, Subsidiary Penalty is applicable only to (2) ordinary mitigating circumstances have been
fines and not to civil damages. duly alleged and proven? Explain. (3%)
ANSWER:
B.14. ....
Considering the penalty for Frustrated Homicide
Mr. X and Mr. Y engaged in a violent fistfight is one degree lower from reclusion temporal, the
which Mr. X instigated. This culminated in Mr. X penalty of Prision mayor which must be lowered
repeatedly smashing Mr. Y's head on the concrete again by one degree in the presence of 2 mitigating
pavement. Thereafter, Mr. X left Mr. Y barely breathing circumstances, the penalty imposed should now be
and almost dead. A few minutes after the Incident, Prision Correccional.
Mr. X immediately went to the police station to
confess what he did and told the police where he left
B.15.
Mr. Y. Fortunately, the police rescued Mr. Y and he
survived with the help of timely medical intervention. In June 2017, Mr. P was criminaHy charged with
Mr. X was then charged in court with Frustrated Quafified Theft under the Revised Penal Code. After
Homicide, to which he openly confessed his guilt due proceedings, the Regional Trial Court found him
upon arraignment. guilty beyond reasonable doubt, and accordingly,
sentenced him to suffer the penalty of imprisonment
(a) Based on the above-stated facts, what
for an indeterminate period of six ( 6) years and one
is/are the mitigating circumstance/s that may be
(1) day of prislon mayor, as minimum, to fourteen ( 14)
appreciated in favor of Mr. X. Explain. (2%)
years and one (1) day, of reclusion temporal, as
maximum. Thereafter, Mr. P applied for probation.
CRIMINAL LAW
(a) May Mr. P be extended the benefits of the ANSWER:

Probation Law? Explain. (3%)
Although there actually are two or more crimes,
ANSWER: the law treats them as constituting only one-as
there is only one criminal intent. Only one information
No, Mr. P is disqualified for probation because need to be filed.
the penalty is more than 6 years of imprisonment.
There are 2 Kinds Of Complex Crimes: 1. Com-
{b) In what instance may an accused who pound crime-,-:..a single act constitutes 2 or more
appeals a judgment of conviction still apply for grave or less grave felonies. 2. Complex crime
probation? Explain. (3%)
proper-when an offense is a necessary means for
committing another.
ANSWER:
(b) Is Ms: E's contention correct? Explain. (3%)
An accused who was convicted in the lower
court for more than 6 years and hence disqualified ANSWER:
to file probation, when said accused appeals the
case and his penalty was reduced to less than 6 Mr. E is not correct. While Article 332 of the RPC
years of imprisonment, he shall then be allowed exempts l. Spouses, ascendants and descendants,
and be qualified to file application for probation. or relatives by affinity in the same line. 2. The
widowed spouse with respect to the property which
belonged to the deceased spouse before the same
8.16. shall have passed into the possession of another; and
3. Brothers and sfsters and brothers-in-law and sisters-
Ms. E was charged with the complex crime of
in-/ow, if living together, in the crime of theft,
Estafa ·through Falsification of Public Documents
swindling or malicious mischief, when these crimes
before the trial court. Prior to her arraignment, Ms. E
shall be complexed to other crimes such as Estafa
moved for the dismissal of the criminal case against
thru falsification, the exemption does not apply.
her, pointing out that the private offended party is
her biological father, and that such relationship Is
an absolutory cause under Article 332 of the B.17.
Revised Penal Code (RPC). One Sunday afternoon, Mr. X, President of ABC
(a) Explain the concept of complex crimes Corp., happened to bump into the Labor Arbiter
under the RPC. (2%) assigned to the illegal dismissal case filed by
certain employees against his company. During
CRIMINAL LAW
their encounter, Mr. X promised the Lobor ·Arbiter a Assistance Program for the typhoon victims, and
luxury car in exchange for a favorable ruling. The the funds therefor were eventually earmarked for
labor Arbiter immediately rejected the offer and the purpose. Upon the orders, however, of Mayor T
walked away. of Municipality M, these funds were disbursed for
( a) What crime did Mr. X commit under the the reconstruction of the municipal hall which was
Revised Penal Code (RPC), if any? Explain. (2.5%) substantially damaged by the typhoon. According
to Mayor T, the reconstruction of the municipal hall
ANSWER: was a more pressing concern than the relief
program because the vital functions of the local
Mr. X is liable for the crime of Corruption of government would be impeded If the said structure
Public Official for bribing the Labot arbiter in would not be immediately fixed.
exchange of a favorable ruling.
What crime did Mayor T commit under the
Revised Penal Code? Explain. (2%)
(b) Assuming that Mr. X's offer was Instead
accepted, should the labor Arbiter be held liable ANSWER:
for any crime under the RPC? If so, for what crime?
May the Labor Arbiter also be held liable for · Mayor T is liable for Technical Malversation because
violation of the Anti-Graft and Corrupt Practices he diverted the amount earmarked and appropriated to
Act? Explain. (5%) a different purpose. The crtme is committed even if it was
diverted to another public purpose.
ANSWER:
The Labor Arbiter shall be liable for Direct Bribery as B.19.

he accepted a gift in consideration of his office and if
there was undue injury to the government he may Ms. L, dean of a duly recognized private school,
likewise be liable for violation of R.A. 3019 as they caught K, one of her students, vandalizing one of the
different elements. No double jeopardy will artse. school's properties. Ms. L called K's attention and
,, proceeded to scold him, causing a crowd to gather
around them. Embarrassed with the situation, K
B.18. attacked Ms. L by repeatedly punching her on the
A typhoon destroyed the houses of many of the face. Just as K was about to strike Ms. L again, J,
inhabitants of Municipality M. Accordingly, the another student, intervened. K then turned his anger
local government passed an appropriation in the on J and also hit him repeatedly, causing him
amount of Pl ,000,000.00 to Implement a Calamity physical injuries.
CRIMINAL LAW
What crime/s did K commit under the Revised goodwill of someone else's trademark. It generally
Penal Code for his acts against Ms. Land J? Explain. :it refers to the practice of buying up domain names that
(3%) .t1{·t use the names of existing businesses with the intent to
' sell the names for a profit to those businesses.
ANSVVER:
~i~,
f
,;;..,.\
K fs liable for Direct Assault against Ms. L who is a - END OF PART II -
person in authority. When J came to rescue Ms. L, J
became an agent of a person in authority and the • NOTHING FOLLOWS •
attack made to him by K is likewise Direct Assault.
B.20.
Mr. S, a businessman and information technology

practitioner, claimed to have devised an innovative
business model. He would diligently compile a list of
known personalities and entities in the fields of
entertainment, arts, culture, and sports, and acquire
numerous domain names in the internet using the
names of these known personalities and entities for the
purpose of selling these registered domain names to
sold personalities and entities In the future.
Does Mr. S's "innovative business model"
expose him to any criminal liability under the
Cybercrime Prevention Act of 2012? If so, for what
crime? Explain. (2.5%)
ANSWER:
Yes, Mr. Sis liable for violation of the Cybercrime

Prevention Act of 2012 particularly cybersquatting
which punishes the act of registering, selling or using a
domain name with the intent of profiting from the

06 Alejandria - Criminal Law Bar Q - A

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BARQ&A

JUDGE MA. ROWENA}/. ALEJANDRIA, LL.M

JUDGE MA. ROWENA V. ALEJANDRIA, LL.M

CENTRAL BOOK SUPPLY, INC. JUDGE MA. ROWENA V. ALEJANDRIA, LL.M

2009 BAR EXAMINATIONS

2010 BAR EXAMINATIONS 2011 BAR EXAMINATION

(MULTIPLE CHOICE QUESTIONS) 111 ......................................................................... 159

VI ........................................................................ 189 Xlll ....................................................................... 222

IX......................................................................... 268 B.16 ..................................................................... 304

2019 BAR EXAMINATION

TRUE or FALSE. Answer TRUE if the statement is

1. Amado, convicted of rape but granted an

True, Amado is a recidivist, having previously

2. The creditor who resorts to forced labor of a

False, the crime committed is a violation of Anti-

is exploitation which includes "exploitation or the pros- ANSWER:

False, when the use of an unlicensed firearm is II

Ruben is not criminally liable as his knowledge

ANSWER: Charina was charged with violation of Section 3

X 2. Willy Committed the crime of Delivery of

14 BAR Q & A 2009-2019 2009 BAR EXAMINATIONS 15

PART II 3. In .a prosecution for fencing under P.O. 1612,

If said child in conflict with the law has reached XVI

XVIII Delmo disguised himself as a nurse, entered the ICU,

Delmo learned ihat his enemy, Oscar, was -NOTHING FOLLOWS-

2010 BAR EXAMINATIONS among .those disqualified. There must be a minimum

The defense counsel chimed in, contending that II

ANSWER: successively charged with direct bribery under Articl.e

ANSWER: subjects of the crime of Robbery or theft. Under PD

ANSWER: participants in the rumble belong to organized

ANSWER: Under Art. 48 of the Revised Penal Code, crimes

No, sexual intercourse committed by the husband

Eva Marie may incur civil liability if the owner of

ANSWER: Did Myra commit a crime? Explain. (3%)

The brothers' petition for probation should both ANSWER:

ANSWER: b. Would your answer be the same if they killed

Christopher, John, Richard, and Luke are fraternity

SET A (A) Evident premeditation.

(1) Isabel, a housemaid, broke into a pawnshop (8) None.

(C) The imposable penalty will depend on what (A) dolo.

(20) The exchanges of highly offensive words (D} quasi delict.

(A) 15 years and below acting without discernment.

(D) private individuals. (B) X may plead praetor intentionem since he

(47) The aggravating circumstance of uninhabited

(A) praeter intentionem. (52) Insuperable cause is an exempting circum-

(B) attempted bribery. (A) Violation of the Trademark law committed

(D) 2 battering episodes. (B} special complex crime.

2012 BAR EXAMINATIONS d. Considering that under the given situation,

a. Proposal to commit coup d'etat.

b. Proposal to commit sedition. 9. When are light felonies punishable?

a. AA is criminally liable for malfeasance in office.

d. Yes. Theft is committed because the factual

c. estafa through fraudulent means; d. grave coercion.

b. illegol detention; c. The person who assured he will pay interest

b. trafficking in persons; a. two (2) years;

c. qualified trafficking in persons; b. six ( 6} years;

d. use of trafficked person. c. one (1) year;

c. crime against legislative body; c. The disturbance shall be deemed tumultuous

40. What is the criminal liability, If any, of a d. direct assault.

b. No. The offender in the crime of treason is

a. A is criminally liable for robbery with violence

II a. ls the crime of theft susceptible of commission

IV The following elements must be proved;