BAR QUESTION

1. Distinguish motive from intent.

Motive is the reason or compelling force why the accused committed such acts complained
thereof; not an element of a crime. While on the other hand, intent is the purpose of the
accused for adopting the particular means to achieve his objective; may be an element of a
crime.
2. Distinguish entrapment from instigation.

3. Who cannot avail Indeterminate Sentence Law?

a. Persons convicted by the death penalty or life imprisonment
b. Those who convicted of treason or misprision of treason
c. Those who convicted of piracy
d. Those who convicted of sedition, rebellion or espionage
e. Those who evaded or escape from their sentence
f. Those whose penalty does not exceeds more than 1 year
g. Those who granted conditional pardon by the Chief Executive
h. Those who sentence of destierro or suspension
i. Those who are habitual delinquent

4. Who can avail probation?

5. What is the purpose of Probation?

6. Distinguish Mala in se from Mala Prohibita.
7. What is heinous crime? Name ten specific crimes.
8. What is impossible crime?
9. What is the doctrine implied conspiracy?

1. A acted as poseur buyer transaction with B, a drug peddler. A handed to him the marked money
of 200 peso bill and the latter in turn handed to him a sachet containing white crystalline
substance containing shabu. A with the help of the rest of the team, succeeded in arresting B.
Thereafter, A made a further search upon the person of B to which A found 5 more sachets of
shabu in his pocket. Also recovered on top of the table are another 5 sachets of shabu, a
weighing scale, aluminum foil and strips and beside is a 45 caliber of firearm which B failed to
present any authority to possess.
What crime/s are committed, if any?
Why? Is he qualified to avail of probation?Why?
2.