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BAR EXAMINATION 2011 CRIMINAL LAW

NOVEMBER 2011

8 A.M. 12 NN

INSTRUCTIONS

This questionnaire consists of one hundred (75) items contained in eighteen (18) pages including this page. Read each question very carefully. Choose the letter of the best answer. Shade the letter corresponding to your chosen answer.

HAND IN YOUR ANSWER SHEET WITH THIS QUESTIONNAIRE.

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CRIMINAL LAW

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CRIMINAL LAW

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CRIMINAL MOCK BAR EXAM


1. The principle in statutory construction th it criminal laws are liberally construed in favor of the accused and strictly against the State is: a. b. c. d.
2.

best used when the accused argues sElf-defense not applicable when there are strong pieces of evidence against the accused deeply rooted in the need to protect the constitutional rights of the accused only applicable during preliminary investigation

Which is not considered a limitation on the legislative power to enact penal laws: a. b. c. d. excessive fines shall not be imposed no law that violates equal protection clause of the constitution shall be enacted death penalty shall not be imposed penalties that impose cruel and unusual punishments shall not be imposed
false:

3.

Which statement is a. b. c. d.

The presumption of criminal intent does not arise from the proof of the commission of an act which is no unlawful Criminal intent is presumed from the commission of an unlawful act A crime may not be committed without criminal intent Criminal intent is a purely mental process only manifested by overt acts

4.

All are constitutional rights of the accused, except: a. b. c. d. to appeal when there is an erroneous judgment of conviction not to be compelled to be a witness against himself speedy disposition of cases to be presumed innocent

5.

The prospective characteristic of criminal law mandates that: a. b. c. d. penal laws shall have retroactive effect insofar as they favor the person guilty of a felony who is not a habitual criminal criminal laws are binding on all persons who live or sojourn in the Philippines; criminal law undertakes to punish crimes committed only within the Philippine territory crimes are punished under the laws in force at the time the same were perpetrated

6.

Which of the following is an absolutory cause:

CRIMINAL LAW a. b. c. d. 7. ignorance of the law error in personae impossible crime mistake of fact

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Proximate cause refers to: a. b. c. d. the cause of the offender in committing the crime the unlawful intent of the offender the efficient cause uninterrupted by any supervening event the reason for the commission of the crime

8.

A special penal law may be considered as mala in se when: a. b. c. d. a similar offense is punished under the Revised Penal Code the accused acted with clear criminal intent it is inherently wrong it is not considered as mala prohibita

9.

In offenses mala prohibita, the main inquiry is: a. b. c. d. did the accused act in good faith has the law been violated was the negligence of the accused sufficient to be considered criminal was there criminal intent on the part of the offender

10.

Which statement is false: a. b. c. d. motive is important when the identity of the offender is unknown h')-L motive is the moving power which impels one to action for a definite result motive is an essential element of a crime motive is relevant when there are only circumstantial evidence

11.

All of the following are impossible crimes, except: a. b. c. d. wife not dying because poison used by her husband was in fact sugar wife not dying because she has immunity to poison used by her husband wife not dying because the quantity of poison used by her husband was not enough wife not dying because the gun used by her husband was empty of bullets

12.

If the court discovered that the accused committed a very wrongful act which is not yet punishable under the law, the court should: a. b. decrease the penalty refer the matter to the Department of Justice for preliminary investigation

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c. d.
13.

dismiss the case reprimand and warn the accused

If Pedro was charged with drug trafficking and illegal possession of firearms after a single buy-bust incident: a. b. c. d. Pedro will only be convicted of drug trafficking Pedro may seek to quash the Information for illegal possession of firearms the unlicensed gun will only be considered as an aggravating circumstance there will be two separate charges

14.

If the court felt that the penalty to be impo ied upon the offender after trial is excessive, the court should: a. b. c. d. refer the matter to the Department of Justice for preliminary investigation acquit the accused temporarily suspend the execution of sentence convict the accused

15.

Which is false in an attempted felony: a. b. c. d. the offender passes the subjective phase the offended party did not sustain E mortal wound the offender did not desist the felony was not produced no attempted or frustrated impc ssible crimes because:

16.

There are

a. b. c. d.
17. Theft

the offender has already performk all the acts of execution the acts performed by the offender constitute a consummated offense the felony was not produced the felony was produced is only in the attempted stage when the offender: was caught after he was able to take away the book from the store was caught before he could commit any overt act had no opportunity to freely dispose of the diamond ring stolen from the jewelry store was caught while removing the wallet from the pocket of the victim

a. b. c. d.
18.

Imputability is:

a. b. c. d. 19.

the obligation of suffering the consequences of a crime the responsibility of taking the civ..1 and penal effect of an act the quality by which an act may be ascribed to an author when the act was not freely or consciously done by a person

Formal crimes are those:

CRIMINAL LAW a. b. c. d.
20.

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that have different stages of execution require a private offended party for their prosecution can be committed by negligence or omission consummated by a single act

Which statement is false: a. b. c. d. less grave felonies are those the law punishes with penalties which in any of their periods are correctional grave felonies are those the law attaches capital punishment or penalties which in any of their periods are afflictive light felonies are those infractions of the law punished by arresto menor light felonies are those infractions of the law punished by a fine not exceeding 200 pesos

21.

Which is considered as unlawful aggression: a. b. c. d. imminent peril to one's limb belief of an impending attack an intimidating or threatening attitude grave insulting words

22.

Which is not true under paragraph 4 of Article it of the Revised Penal Code: a. b. c. d. civil liability is always borne by the actor there must be no negligence the greater evil sought to be avoided exists evil must not result from a violation of law by the actor II 0-A-

23.

There is entrapment when: a. b. c. d. the accused is lured into the commission of the offense in order to prosecute him the accused had no intention to commit the offense / the law enforcement officials facilitate the apprehension of the criminal by schemes both the inducer and the offender are private individuals L

24.

To be considered as a mitigating circumstance, voluntary surrender: a. b. c. d. must be done before the presentation of prosecution evidence must be done before the issuance of a warrant of arrest must be accompanied with voluntary confession of guilt must be spontaneous

25.

Voluntary confession of guilt is not mitigating when: a. b. made after the amendment of the original information made during preliminary investigation

CRIMINAL LAW
c. d.
26.

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made after the presentation of defense evidence and before the prosecution's evidence, in what was initially a self-defense case the accused was innocent of the crime charged

Which is false. Nighttime: a. may be aggravating even if the (rime was commenced during daytime as long as the crime was accomplished during the darkness of the night that period of darkness beginning at end of dusk and ending at dawn aggravating when it facilitated the commission of the crime need not be specifically sought for when the offender took advantage of the same

b. c. d.
27.

There is quasi-recidivism when the offender: a. within a period of ten (10) years shall commit serious or less serious physical injuries, robbery, theft, estafa, or falsification and is found guilty of any said crimes a third time or oftener has been previously sentenced for another offense to which the law attaches an equal or greater penalty shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code

b. c.

d.
28.

Self-defense is not present when: a. b. c. d. Pedro shoots Juan when latter tried to stab him after he accepted Juan's challenge to fight Pedro shoots Juan when the latter assaulted him with a knife after a heated argument Pedro shoots Juan while the latter was retreating to take a more advantageous position Pedro punches Juan after the latter ;lapped him on the face due to a misunderstanding over a girl

29.

There is reiteracion when the offender: a. within a period of ten (10) years shall commit serious or less serious physical injuries, robbery, theft, estafa, or falsification and is found guilty of any said crimes a third tiff e or oftener has been previously sentenced for another offense to which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches a lighter penalty shall commit a felony after ha ring been convicted by final judgment, before beginning to serve such sentence, or while serving the same

b.

c.

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d. 30.

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shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code

Which of the following will be considered as a mitigating circumstance: a. b. c. d. the offender is a blind lawyer the offender is a deaf jeepney driver the offender is a mute prostitute the offender is a half-insane law student

31.

There is habitual delinquency when the offender: a. within a period of ten (10) years shall commit serious or less serious physical injuries, robbery, theft, estafa, or falsification and is found guilty of any said crimes a third time or oftener has been previously sentenced for another offense to which the law attaches an equal or greater penalty shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code

b. c.

d.
32.

The following are penalized by destierro except: a. b. c. d. Death under exceptional circumstances in Article 247 of the Revised Penal Code simple seduction Failure to give bond for good behavior The penalty for the concubine in concubinage

33.

If an offender was sentenced to a term of imprisonment of not more than one year, his period of probation should not exceed: a. b. c. d. one year two years four years six years

34.

The main factor that would distinguish the offense of estafa from the crime of theft is: a. b. c. d. the presence of deceit the unlawful taking of the subject property the employment of violence upon the offended party the absence of fraud

35.

If an offender was sentenced to a term of imprisonment of five years, his period of probation should not exceed: a. b. five years ten years

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c. d.
36.

four years six years

Subsidiary penalty: a. b. c. d. is not applicable to fine is applicable to indemnification of consequential damages shall not exceed one year is an accessory penalty

37.

The penalty for an accessory in a frustrated felony is: a. b. c. d. one degree lower two degrees lower three degrees lower four degrees lower: than the penalty imposed for a principal in a consummated felony
48 of the Revised Penal

38.

Which is not true in complex crimes under Article


Code:

a. b. c. d.
39.

a single act constitutes any two or more felonies the offense is a necessary means to c Dmmit another the offender has only one criminal intent penalty is the penalty for the most serious crime, to be applied in its maximum period

The following are matters that a probation officer may require an offender under probation to perform, except: a. b. c. d. refrain from visiting houses of ill-refute abstain from intoxicating beverages meet his family responsibilities work for a government institution the gift was received by the offender:

40.

In Indirect Bribery,

a. b. c. d. 41.

for him to refrain from doing something which it is his official duty to do by reason of his office in consideration of the execution c f an unjust act which does not constitute a crime with a view to committing some crime

For a brother to be convicted of qualified seduction under the Revised Penal Code, in connection with his sexual intercourse with her younger sister, the sister must be: a. b. c. d. below twelve years of age over twelve but not more than eigh :een years of age over fifteen but not more than eighteen years of age the age of the sister is immaterial

CRIMINAL LAW
42.

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In prescription of crimes under Article 90 of the Revised Penal Code, felonies punished by reclusion perpetua shall prescribe in: a. b. c. d. twenty years five years ten years offenses punished by reclusion perpetua by do not prescribe

43.

The concept of prejudicial question is aQup_plicaJ21 when: a. b. c. d. the resolution of the issue in a previously instituted case is the logical antecedent to the issue in another case )1/4' the civil case was filed before the criminal case both pending actions are criminal cases the issue is based on a fact distinct and separate from the crime but so intimately connected that it determines the guilt or innocence of the accused

44.

If falsification of a private document was committed as a means to commit the offense of Estafa, the proper charge should be: a. b. c. d. Falsification Estafa Estafa through Falsification of Private Documents Falsification through Estafa

45.

In the crime of Arbitrary Detention, it is not required that: a. b. c. d. the offender is a law enforcement agent the detention must be without legal grounds a person was deprived of liberty no warrant of arrest was issued against the person detained

46.

Juan Dela Cruz cannot be convicted of Treason when: a. b. c. d. he committed the same while in a foreign country there is only one witness testifying on his adherence to the enemy he is a foreigner who was merely visiting in the Philippines a war has yet to start

47.

A person exactly fifteen (15) years of age who committed a crime with the existence of clear discernment: a. b. c. d. is exempt from criminal liability will be entitled to the mitigating circumstance of minority may apply for suspension of sentence will be exempt from civil liability

48.

A person who discharges his firearm at another person without any intention to kill said person will be liable for: a. b. attempted homicide attempted physical injuries

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c. d.
49.

illegal discharge of firearm alarms and scandals

Which of the following is not considered a crime against property: a. b. c. d. arson brigandage Batas Pambansa Bing. 22 malicious mischief

50.

During a bank robbery, one of the perpe :rators, Juan, accidentally shot and killed one of his companions, Pedro, due to a gun malfunction. The third member of the gang, Antonio, who has no involvement in the accidental killing of Pedro will be criminal liable for: a. b. c. d. robbery only robbery and homicide robbery with homicide homicide

51.

Under Article 315 of the Revised Penal Code, deceit is not an essential element of what kind of estafa: a. estafa committed with abuse of confidence b. estafa committed with unfaithfulness c. estafa committed by means of false r retenses d. estafa through fraudulent means
The main component that would clearly c istinguish the crime of acts of lasciviousness from the offense of attempted rape is:

52.

a. b. c.
d. 53.

the gravity of the lascivious act the intention to have carnal knowledge the romantic relationship between :he offender and the offended party the number of times the offender tcuched the private parts of the victim

Pedro was charged for violation of Batas Pambansa Bing. 22, otherwise known as the Bouncing Checks Law. During trial, it was established that private complainant did not send any notice of dishonor but only gave verbal demands for Pedro to pay the valu ?. of the bouncing check. What will happen: a. b. c. d. Pedro will only be penalized with a fine Pedro will still be convicted Pedro will be acquitted The court will only rule on the civil 1: ability of Pedro

CRIMINAL LAW
54.

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The offended party voluntarily accepted a check from the offender despite knowledge that the check has no sufficient funds at the time the offender delivered the same. If the check will subsequently bounce upon presentation with the bank: a. b. c. d. the offender will be liable for BP 22 only the offender will be liable for Estafa only the offender will be liable for both Estafa and BP 22 the offender has no criminal liability

55.

A civilian agent of the Armed Forces of the Philippines was caught with a

gun tucked on his waste while inside a busy mall. Upon his arrest, he showed a Memorandum Receipt (MR) indicating that the firearm is owned by the government, and, a Mission Order (MO) issued by the AFP authorizing him to carry the firearm. What will happen to him: a. b. c. d. 56. he will be liable for illegal possession of firearms he will not incur any criminal and/or administrative liability provided that he was on-duty during the arrest he will be administratively liable he will be removed from government service

The following are the three (3) ways of committing Arbitrary Detention , except; a. b. c. d. By detaining or locking up a person without any legal cause or ground therefore purposely to restrain his liberty By delaying delivery to the proper judicial authority of a person lawfully arrested without a warrant By delaying release of a prisoner whose release has been ordered by competent authority By delaying the promulgation of a sentence for unreasonable length of time

57. A, B and C were looking for a person named V. whom C suspected of stealing his fighting cock. A and B were policemen while C was a caretaker of fighting cocks. C requested A and B, then in uniform, to accompany him to V's house to look for the fighting cock. A, B and C went to Virgilio's house. When the policemen knocked on the door, V' wife, M, opened it. The policemen told M that they came to inquire about a lost fighting cock. Before M could utter a word, the trio barged inside the house. Once inside, the policemen told M that C was suspecting her husband, V, to have stolen his fighting cock. M protested and immediately required the three to leave. The policemen refused. Instead, they started searching the house for the fighting cock over the objections of M. As they did not see any fighting cock, the three left.
What crimes, if any, did A, and B commit? a. Violation of Domicile by entering a dwelling against the will of the owner. Entrance to the dwelling was effected against M's will.

[CRIMINAL LAW

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b.

c.

d.

This is obvious when the trio ba ged inside the house which consequently, M protested and required them to leave. Violation of Domicile by searching papers or other effects found therein without the previous consen; of such owner. The door was opened when the policemen went inside the dwelling. Entrance was effected without her consent. M objected to the search for the fighting cock, but despite said objection, the policemen searched the house. Violation of Domicile by refusing to leave the premises after having surreptitiously entered said dwelling and after having been required to leave the same. The pc licemen were ordered to leave the house, but refused to leave the M's dwelling. No crime was committed. The policemen were in the rightful exercise of their duties and responsibilities. The fact is that there was a fighting cock that was stolen and they were in the premises as peace officers seeking to investigate the crime.

58. VG, JJ, JG and GG conspired to overthrew the Philippine Government. VG was recognized as the titular head of the conspiracy. Several meetings were held and the plan was finalized. JJ bothered by his conscience, confessed to Father Abraham, a Filipino, that he, VG, JG and GG have conspired to overthrow the government. Father Abraham did not report this information to the proper authorities What crime, if any, did father Abraham commit? a. b. He committed conspiracy to comm.t rebellion. For failure to report the plan to overthrow the government, he became a party to the rebellion. He became an accomplice to the crime of conspiracy to commit rebellion. Even if he is not a principal, he however, concurs and approves of the plan to overthrow the government by not reporting the conspiracy to the proper authority. He did not commit any crime. There is no crime as misprision of rebellion. He committed misprision of treason. He owes allegiance and loyalty to the Republic and yet he failed to disclose the treasonous plan to the proper authority.

c. e.

59.

What if the falsification of the signature of Oscar was used not to part with the two (2) cans of paint but to conceal the defraudation previously made, what crime is committed? a. b. c. d. Complex crime of estafa thru falsification of a private instrument. Falsification of a private document and estafa. Falsification of a private document only. Estafa only

60. Pascual operated a rice thresher in Barangay N where he resided. Renato, a resident of the neighboring Barangay G, also operated a mobile rice thresher which he often brought to Barar gay N to thresh the palay of the

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farmers there. This was bitterly resented by Pascual. One afternoon Pascual, and his two sons confronted Renato and his men who were operating their mobile thresher along a feeder road in Barangay N. A heated argument ensued. A barangay captain who was fetched by one of Pascual's men tried to appease Pascual and Renato to prevent a violent confrontation. However, Pascual resented the intervention of the Barangay Captain and hacked him to death. What crime was committed by Pascual? a. b. c. Two separate crimes are committed. One is direct assault and the other, homicide, both against the barangay captain, the victim in this case. Only homicide is committed. The violence in direct assault is absorbed in the crime of direct assault. He committed complex crime of homicide with assault upon a person in authority. Here, the single act of the offender in hacking the victim to death resulted in two felonies, homicide which is grave and direct assault which is less grave. Direct assault is committed. The death of the barangay captain serves only as an aggravating circumstance to the said crime.

d.

The following set of facts is for numbers 60 to 61. Oscar, a former welder and painter at the Caloocan Motor Works owned by Arturo, went to the Downtown Hardware Store where Arturo gets materials on credit, and presented to its manager a typewritten order for two (2) cans of Dietsler car paint. The signature of Arturo on the order was falsified. After receiving the paint, Oscar sold them and kept the proceeds therefrom. 61. What crime did Oscar commit? a. b. c. d. 62. Complex crime of estafa thru falsification of a private instrument. Falsification of a private document and estafa. Falsification of a private document only. Estafa only

Dencio, who is the Municipal Treasurer of the town, was also the treasurer of a charity ball of the church. Because he was short of payroll funds for the municipal employees, he used part of the church funds to replenish the payroll funds with the intention of returning the same when the public funds came. Is Dencio guilty of malversation under the Revised Penal Code? a. b. No, because the church funds used by Dencio do not constitute public funds which are proper subject of malversation. Yes, because said funds constitute the so-called private funds, which could be proper subject of malversation under Article 222, Revised Penal Code which pertain to private property placed in the custody of public officers by reason of their office. Yes, because he is an accountable public officer.

c.

CRIMINAL LAW d. No, Dencio acted in good faith.

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63. A, a young housewife, and B, her par husband, to whom she was lawfully marri mixed it with poison. A gave the food could eat, D her illegitimate father, and E, D and E shared the food on the presence eating. C D and E died because of having Which statement is NOT correct? a. b. c. d. A is criminally liable for parricide B is criminally liable for parricid killing of C. B likewise committed two counts and E. A is likewise criminally liable for p although not intentional.

our, conspired to kill C, her d. A and B bought pancit and ith poison to C, but before C her legitimate son, arrived. C, f A who merely watched them partaken of the poisoned food. or intentionally killing C. tA.t, as co-conspirator of A in the f homicide for the death of D rricide for the death of D and E he act of committing sexual pon the latter who was then in serious physical injuries. The stranger killing him instantly. wounding the paramour?

64.

The husband discovered his wife in intercourse with her paramour. He fired the act of escaping, inflicting on him les same bullet that hit the paramour also hit Did the husband incur criminal liability a. b.

c. d.

Yes, but the husband shall only s ffer the penalty of destierro in accordance with the provision of rticle 247 of the Revised Penal Code. No. The husband did not incur criminal liability because the injuries inflicted upon the par our are not serious. This is considered an absolutory cause pu suant to Art. 247 of the Revised Penal Code. Yes, the husband is liable. Art. 2 7 will only be applicable if the wound is inflicted in the act of co mitting sexual intercourse and not when the wife or the paramou is in the act of escaping. Yes, the husband is liable. Obviou ly, there is intent to kill and this is an element of the crime of attem ted homicide.

65.

On his way to buy a lotto ticket, a pol ceman suddenly found himself surrounded by four men. A wrestled the police officer to the ground and disarmed him while the other three co panions B,C, and D who were armed with a hunting knife, an ice p ck, and a balisong, repeatedly stabbed him. TheToliceman died as a re ult of the multiple stab wounds inflicted by his assailants. What crime or rimes were committed? a. b. Murder qualified by treachery. Al of them are liable because of the existence of conspiracy. Murder qualified by evident pre editation. All of them are liable because of the existence of conspir cy.

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c. d. 66.

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Homicide. The police officer had the opportunity to defend himself. All of them are liable because of the existence of conspiracy. A committed physical injuries while B, C and D committed murder.

Juan and Pedro harbored a long standing grudge resentment against Jose who eloped with their sister, Maria, and later abandoned her. They laid meticulous plans to kill him. After weeks of waiting, their chance came when late one midnight, they cornered Jose as he was coming out of a disco-beer house in Makati. The two forcibly shoved him into a waiting car and droved to Tagaytay City, where they kept Jose hog-tied in a 2 x 3 meter room. Two (2) days later, they killed Jose and dumped his body into ravine. Did Juan and Pedro commit murder? a. Yes, since the purpose of Juan and Pedro was to kill the victim. The detention of the victim for two days before he was killed was merely incidental. No, the crime committed is the complex crime of kidnapping with murder. No, the crime committed are two (2) separate crimes of kidnapping and murder. No, the crime committed is kidnapping only and the killing merely constitutes as a qualifying circumstance.

b. c. d.

67.

Together A. B and C planned to rob Ms. D. They entered the house by breaking one of the windows in her house. After taking her personal properties and as they were about to leave, X decided on impulse to rape D. As A was molesting her, B and C stood outside the door of her bedroom and did nothing until the rape was consummated. Under the circumstances, A, B and C committed the crime of robbery with rape. a. False, the crime committed by B and C is robbery only. A is the only one liable for the special complex crime of robbery with rape. The crime conspired for was for robbery only. False, the crime committed by B and C is robbery only. A is liable for two (2) separate crimes of robbery and rape because robbery was already consummated when he raped the victim. False, they are all liable for theft because no violence or intimidation was employed in the taking of properties. In addition, A is liable for the crime of rape. True, The criminal liability of A, B and C shall be the same, as principals in the special complex crime of robbery with rape which is a single and an indivisible offense.

b.

c.

d.

68.

After raping the complainant in her house, the accused struck a match to smoke a cigarette before departing from the scene. The brief light form the match allowed him to notice a watch in her wrist. He demanded that she hand over the watch. When she refused, he forcibly grabbed it from her. The accused was charged with and convicted of the special complex crime of robbery with rape. What crime did he commit?

CRIMINAL LAW a. b. c. d.

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Robbery with Rape. Robbery and Rape. Theft and Rape Rape only. The act of stealir.g becomes an aggravating circumstance.

69. A vehicular accident occurred on the national highway in Bulacan. Among the first to arrive at the scene of the accident was, A who found one of the victims already dead and the others unconscious. Before rescuers could come, A, taking advantage of the helpless condition of the victims, took their wallets and jewelry However, the police, who responded to the report of the accident, :aught A. What crime did A commit? a. b. c. d. Theft Qualified theft Robbery with force upon things Impossible crime

70. A sold a washing machine to B on credit, with the understanding that B could return the appliance within two WE eks if, after testing the same, B decided not to buy it. Two weeks la used without B returning the appliance. A found that B sold the washir g machine to a third party. Is B liable for estafa? a. b. c. d. No, B is not liable for estafa because he is an owner thereof by virtue of the sale of the washing machine to him. Yes, there was failure to return the appliance to B after testing the same. Two weeks had lapsed witl- out B returning the appliance. Misappropriation took place when ii was sold to a third party. No, but he is liable for other deceit because he pretended to buy the same but he did not. Yes, he committed estafa by ME artS of deceit. Damage was sustained by A when the washing machine was sold to a third party.

71.

entrusted her car to B for repainting At the agreed cost of P7,800.00. When the painting job was finished, A wanted to get the car but B refused to deliver until payment is made. When A came back the next day, the shop was already closed, and B and the car were nowhere to be found. When finally B was located, he told A tha: he sold the car and applied the amount to the repainting cost and labor.
A

A sued B for estafa. The information re ated the above facts, indicating the car as the subject of the felony. The Regional Trial Court convicted B for the crime charged. Under the facts, is i he conviction proper? a. b. No, estafa was not committed but theft. He had physical possession over the car. Yes, estafa was committed. He had j aridical possession over the car.

CRIMINAL LAW
c. d.

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No crime was committed. The proceeds were applied to repainting cost and labor. He acted in good faith. No, he committed qualified theft. There was abuse of confidence as the repainting job is based on trust and confidence.

72. While SS Nagoya Maru was negotiating the sea route from Hongkong towards Manila, and while still 300 miles Aparri, Cagayan, its engine malfunctioned. The Captain ordered the ship to stop for emergency repairs and crew fell asleep. While the ship was anchored, a motorboat manned by renegade Ybanags, passed by. They cut the ship's engine and took away several heavy crates of electrical equipment and loaded them in their motorboat. While the robbery was taking place, the culprits stabbed a member of the crew while sleeping. What crime was committed?

a. b. c.

d.

Robbery was committed because all its elements are present. There is intent to gain. Likewise, force and violence were employed. Robbery with Homicide. The killing was done by reason or on occasion of robbery. Piracy under Article 122 of the Revised Penal Code, the essence of which is the employment of force directed against a vessel and its cargoes with intent to gain. was attended by a killing Qualified Piracy since the taking committed against a member of the crew of the vessel.

73.

A, a lady professor, was giving an examination. She noticed B, one of the students, cheating. She called the student's attention and confiscated his examination booklet, causing embarrassment to him. The following day, while the class was going on, the student, B, approached A and, without any warming slapped her. B would have inflicted further injuries on A had not C, another student, come to A's rescue and prevented B from continuing his attack. B turned his ire on C and punched the later. What crime or crimes, if any, did B commit? a. B committed two (2) counts of direct assault. One for slapping professor A while conducting her class; and another, for violence on C, who came to her aid. B committed direct assault for the violence inflicted on A and indirect assault for the violence inflicted on C. B committed direct assault on the professorand the crime of physical injury on C. Be it noted that C is not charged with the maintenance of public order and the protection and security of life and property. B committed direct assault only against the professor. He did not commit a crime against C because he only punched him when B came and prevented him from further attacking A.

b. c.

d.

CRIMINAL LAW
74. A,

Page 18 of 18

a government employee, was ad immorality for having an affair with D, a who believed him to be single. To ex affidavit that he was single and was however, was that A had earlier married to a. b. c. d. Yes, because there is a willful and d in this case. No, because his status is not materia No, but he instead committed the cr No, but he instead committed the instrument.

inistratively charged with o-employee in the same office 1pate himself, A executed an Bing to marry B. The truth, . Is A guilty of perjury? liberate assertion of falsehood to the administrative case.' Y elo-k eof ri(" e of other deceit. rime of falsification of public

75.

A public official charged with purchasing rice stocks under government subsidy falsely reported that his stocks of ce worth P17 million on board two barges sank off a neighboring island o their way to their destination and were completely lost. Meanwhile, the ice was surreptitiously sold to rice warehouse in the provinces. He comm ted the crime ofa. b. c. d. Malversation Falsification Estafa Malversation thru falsification of offi ial documents. A

-NOTHING FOLLOWS-