Criminal Law

BAR Questions
Articles 31-45

2019

1. Q was found guilty beyond reasonable doubt of the

crime of Serious Physical Injuries, and accordingly, was
sentenced to suffer the penalty of imprisonment for an
indeterminate period of sex (6) months of arresto mayor, as
minimum, to four (4) years, two (2) months, and one (1) day of
prision correccional, as maximum. He was also ordered to pay
the victim actual damages in the amount of P50,000.00, with
subsidiary imprisonment in case of insolvency.

Was the imposition of subsidiary imprisonment proper?

Explain.

2017

Maita was the object of Solito’s avide sexual desires.

Solito had attempted many times to entice Maita to a date in
bed with him but Maita had consistently refused. Fed up with
all her rejections, Solito abducted Maita around 7 p.m. one
night. With his cohorts, Solito forced Maita into a Toyota
Innova and drove off with her to a green-painted house
situated in a desolate part of the town. There, Solito succeded
in having carnal knowledge of Maita against her will.

Meanwhile, the police authorities were tipped off that at 11:30

p.m. on that same night Solito would be selling marijuana
outside the green-painted house. Acting on the tip, the PNP
station of the town formed a buy-bust team with PO2 Masahol
being designated the poseur buyer. During the buy-bust
operation, Solito opened the trunk of the Toyota Innova to
retrieve the bag of marijuana to be sold to PO2 Masahol. To
cut the laces that he had tied the bag with, Solito took out a
Swiss knife, but his doing so prompted PO2 Masahol to effect
his immediate arrest out of fear that he would attack him with
the knife. PO2 Masahol then confiscated the bag of marijuana
as well as the Toyota Innova.

a.
b. While the prosecution was presenting its evidence in
Branch 29, Branch 8 convicted Solito. Immediately after the
judgment of conviction was promulgated, SOlito filed in both
Brnaches a motion for the release of the Toyota Innova. He
argued and proved that he had only borrowed the vehicle from
his brother, the registered owner. Branch 8 granted the
motion but Branch 29 denied it. Were the two courts correct
in their rulings? Explain your answer.

Articles 46-60

2019

1. Ms. E was charged with the complex crime of Estafa

through Falsification of Public Documents before the trial
court. Prior to her arraignment, Ms. E moved for the dismissal
of the criminal case against her, pointing out that the private
offended party is her biological father, and that such
relationship is an absolutory cause under Art. 332 of the
Revised Penal Code (RPC).

a. Explain the concept of complex crimes under the

Revised Penal Code.
b. Is Ms. E’s contention correct? Explain.

2. Ms. L, dean of a duly recognized private school, caught

K, one of her students, vandalizing one of the 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 attacked Ms. L by repeatedly punching
her on the face. Just as K was about to strike Ms. L again, J,
another student, intervened. K then turned his anger on J
and also hit him repeatedly, causing him physical injuries.
 What crime/s did K commit under the Revised Penal
Code for his acts against Ms. L and J? Explain

2013

1. Miss Reyes, a lady professor, caught Mariano, one of

her students, cheating during an examination. Aside from
calling Mariano's attention, she confiscated his examination
booklet and sent him out of the room, causing Mariano
extreme embarrassment.

In class the following day, Mariano approached Miss Reyes

and without any warning, slapped her on the face. Mariano
would have inflicted grave injuries on Miss Reyes had not
Dencio, another student, intervened. Mariano then turned his
ire on Dencio and punched him repeatedly, causing him
injuries.

What crime or crimes, if any, did Mariano commit? (7%)

2. Luis was sentenced to prision mayor and to pay a fine

of P50,000.00 with subsidiary imprisonment in case of
insolvency. Is the sentence correct?

a. Yes, because Luis has no property to pay for the fine,

so he must suffer the equivalent imprisonment
provided by law in lieu of fine.
b. No, because subsidiary imprisonment is applicable
only when the penalty imposed is prision correccional
or below.
c. Yes, because the sentence says so.
d. No, because the subsidiary imprisonment is applicable
only when the penalty imposed is limited to a fine.
e. None of the above.
2009

Angelo devised a Ponzi Scheme in which 500 persons were

deceived into investing their money upon a promise of a
capital return of 25%, computed monthly, and guaranteed by
post-dated checks. During the first two months following the
investment, the investors received their profits, but thereafter,
Angelo vanished.

Angelo was charged with 500 counts of estafa and 2,000

counts of violation of Batas Pambansa (BP) 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 one count of violation of BP 22.

a. What is delito continuado? (1%)

b. Is Angelo’s contention tenable? Explain. (4%)

2007

What are the penalties that may be served simultaneously?