BLUE TIPS 2023 Day 3 Criminal Law

ATENEO CENTRAL
BAR OPERATIONS 2023 CRIMINAL LAW BLUE TIPS
THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2023 BAR
EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED.
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PRAYER FOR THE BAR EXAMINATIONS
O God, we come before You this day,

as we are preparing/studying for the bar examinations.
This is the most important event in our lives,

one full of consequences for our own future,
and for the hopes and expectations of many who love us and
are concerned for us: our parents and relatives, our friends,
our professors who have worked hard to prepare us for it.
We ask for help.

Make our memories ready to recall all the
knowledge we have stored in them by our study.
Help us to understand the full meaning of the questions and
to see the exact answers.
Give us the facility of expression to answer
clearly and accurately.
Give us peace of soul
that we may not get upset under the pressure of the task.
We do not ask this by our own merits.

We cannot point to our faithful service
in the past as deserving of this special help.
We have in fact been careless and disobedient.
We ask this from Your Fatherly mercy and compassion through

Your Son, our Lord Jesus Christ.
Listen to our prayers through the intercession of our Blessed Mother,
patroness of our University and of St. Thomas More,
patron of our Law School.
Amen.
What is the crime committed if you killed your best friend?

HOMIEcide….sheesh!
What do you call the crime of killing your female friend?

MAREder…boom!
Special thanks to
Atty. Axel Rupert M. Cruz
Atty. Jaime G. Hofileña
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BOOK 1 [ARTICLES 1-99 OF THE REVISED PENAL CODE (RPC)]
Q1: Differentiate between aberratio ictus (mistake in the blow), error in personae (mistake in identity),
praeter intentionem, and ignorantia facti excusat (mistake of fact).
A1:
ABERRATIO ICTUS
The offender intends the injury to befall one It is a compound crime when the single act
person but the harm fell on another. results in two or more crimes (Art. 48);
otherwise, the offenses shall be separately
punished.
ERROR IN PERSONAE
Involves only one offended party but the If the intended crime and the crime actually
offender committed a mistake in ascertaining committed are punished with different penalties,
the identity of the victim. the lesser penalty for the crime intended or
committed is imposed. If they are of the same
gravity or severity, the penalty is not mitigated
(Art. 49)
PRAETER INTENTIONEM
The injury is on the intended victim but the Article 49 will not apply.
resulting consequence is much more grave
than intended. This is a mitigating circumstance. (Art. 13 par.
3)
IGNORANTIA FACTI EXCUSAT
A misapprehension of fact on the part of the Not criminally liable, because the person did not
person who caused injury to another. act with criminal intent.
Q2: What are the elements that must be established for treachery to be appreciated?
A2:
1) At the time of the attack, the victim was not in a position to defend himself; and
2) The accused consciously and deliberately adopted the particular means, methods or forms of attack
employed by him. (People v Santiago, GR No. 234780, 2021 J. Hernando, citing People v
Calinawan, 805 Phil 673, 2017)
The essence of treachery is that the attack is deliberate and without warning, done in a swift and
unexpected way, affording the hapless, unarmed and unsuspecting victim no chance to resist or
escape. (People v Manansala , GR No. 233104, 2020 J. Hernando, citing People v Racal, 817 Phil.
665, 2017)
Q3: What are the elements of evident premeditation?

A3:
1) A previous decision by the accused to commit the crime;
2) An overt act or acts manifestly indicating that the accused clung to his determination; and
3) A lapse of time between the decision to commit the crime and its actual execution sufficient to allow
the accused to reflect upon the consequences of his acts. (People v Manansala , GR No. 233104,
2020 J. Hernando, citing People v Kalipayan, GR No. 229829, 2018)
The essence of evident premeditation is that the execution of the criminal act must be preceded by
cool thought and reflection upon the resolution to carry out the criminal intent, during the space of
time sufficient to arrive at a calm judgment. When it is not shown as to how and when the plan
to kill was hatched or what time had elapsed before it was carried out, evident premeditation
cannot be considered. Evident premeditation must be based on external acts and must be
evident, not merely suspected, indicating deliberate planning. (People v Manansala , GR No.
233104, 2020 J. Hernando, citing People v Abadis, 463 Phil 978, 2002)
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Q4: Differentiate Ordinary and Privileged Mitigating Circumstances in terms of being offset by
aggravating circumstances.
A4:
Ordinary Privileged
Susceptible of being offset by any aggravating Cannot be offset by aggravating circumstance.
circumstance.
If not offset by an aggravating circumstance, Produces the effect of imposing upon the
produces only the effect of applying the penalty offender the penalty lower by one or two
provided by the RPC for the crime in its degrees than that provided by law for the crime.
minimum period, in case of a divisible penalty.
Q5: What is conspiracy?

A5: It is when two or more persons come to an agreement concerning the commission of a felony and decide
to commit it. (Art. 8, RPC). It has the following requisites:
1. Two or more persons came to an agreement;
2. The agreement pertains to the commission of a felony; and
3. The execution of the felony was decided upon
Q6: Is mere presence sufficient to prove conspiracy?

A6: No. Mere knowledge, acquiescence or approval of the act, without the cooperation and the agreement
to cooperate, is not enough to establish conspiracy. Even if the accused were present and agreed to
cooperate with the main perpetrators of the crime, their mere presence does not make them parties to
it, absent any active participation in the furtherance of the common design or purpose. Likewise, where
the only act attributable to the other accused is an apparent readiness to provide assistance, but with
no certainty as to its ripening into an overt act, there is no conspiracy. (People v. Jesalva, G.R. No.
227306, June 19, 2017)
Q7: What is the difference between an accomplice and a principal by indispensable cooperation?
A7:
PRINCIPAL BY INDISPENSABLE
ACCOMPLICE
COOPERATION
NECESSITY OF PARTICIPATION
Participation is not indispensable to the commission Participation is indispensable to the commission of
of the felony by others (principals) the felony
DEGREE OF PARTICIPATION
Cooperates in the execution of the offense by Participates in the criminal resolution, in such a
previous or simultaneous acts, with the intention way that there is either anterior conspiracy or
of supplying material or moral aid in the execution unity of criminal purpose and intention
of the crime in an efficacious way immediately before the commission of the crime
charged
Q8: Distinguish an Accessory from a Principal in PD 1829.

A8:
ACCESSORY TO A CRIME OBSTRUCTION OF JUSTICE
Part of the original crime Punished as a separate crime
Offender is an accessory Offender is a principal
Focuses on the prevention of the discovery of the Focuses on the prosecution of the crime
crime
Punishes the act of harboring, concealing and Covers different acts in the apprehension,
assisting in the escape of the principal investigation and prosecution of the crime
Punishes public officials who abused their Punishes both private and public individuals, but
positions; punishes private individuals but only in with an additional penalty for public officials; Not
the crimes of treason, attempt on the life of the limited to a set of particular crimes
Chief Executive, murder, parricide or a principal
known to be habitually guilty of some other crime
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Penalties for accessories under the RPC shall Relatives of the offender do not enjoy the same
not be imposed upon those who are such with exemption from criminal liability as that of an
their respect to their spouses, ascendants, accessory under the RPC
descendants, legitimate, natural, and adopted
brothers and sisters, or relatives by affinity within
the same degrees, subject to a single exception.
Q9: While A, B, C and D were robbing a bank, policemen arrived. A crossfire ensued between the
bank robbers and the responding policemen, and X, one of the policemen, was killed. What crime
or crimes, if any, had been committed? Explain.
A9: The crimes committed are Robbery with Homicide, a single indivisible offense, and Direct Assault with
Multiple Attempted Homicide, a complex crime. Robbery with Homicide was committed because one of
the responding policemen was killed by reason or on occasion of the robbery being committed. The
complex crime of Direct Assault with Multiple Attempted Homicide was committed in respect of the
offender’s firing guns at the responding policemen who are agents of persons in authority performing
their duty when fired at to frustrate such performance. (Art. 294(1), RPC; People v. Ladjaalam, G.R.
Nos. 136149-51, 2000)
NOTE:
1. Art. 294, robbery with homicide, applies if the offense committed is consummated robbery
with homicide.
2. Art 297, attempted and frustrated robbery with homicide, applies if the offense committed is
attempted or frustrated robber with homicide.
3. Art. 48, complex crime, applies if the offense committed is attempted or frustrated robbery with
only serious physical injuries being also inflicted, provided serious physical injuries must be
employed as the necessary means of committing the robbery.
Was the robbery

consummated or
attempted/frustrated?
Consummated Attempted/Frustrated
Robbery Robbery
Apply What
accompanied
Art. 294 the robbery?
Serious Physical
Homicide Both
Injuries
Apply Committed on
As a means to the occassion
Art. 297 commit Apply Art.
but not as a 297, with
robbery means to physical
commit injuries
absorbed
Apply Treat robbery and
Art. 48 physical injuries as
separate offenses
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Q10: What is the liability of the offender if, during a robbery, only physical injuries were inflicted
on the victim, but no intent to kill was proven and the victim did not die?
A10: The liability of the offender may be as follows:
a) If physical injuries were inflicted as means for the commission of Attempted or Frustrated
Robbery, the injuries are absorbed. The crime shall only be attempted or frustrated robbery.
b) If physical injuries were inflicted on the occasion of the robbery but not as a means for the
commission of attempted or frustrated robbery, they are treated as separate crimes of
Attempted or Frustrated Robbery AND Physical Injuries.
c) If both killing and physical injuries were committed on the occasion of the robbery but not as a
means for the commission of attempted or frustrated robbery, the crime shall be penalized in
accordance with Art. 297 but the physical injuries will be absorbed.
Q11: Does Article 48 (Complex Crimes) apply to acts penalized under Article 365 (Reckless
Imprudence)?
A11: No. Article 48 is incongruent with the notion of quasi-crimes under Article 365. It is conceptually
impossible for a quasi-offense to stand for:
1) a single act constituting two or more grave or less grave felonies; or
2) an offense which is a necessary means for committing another. (Ivler v. San Pedro, G.R. No.
172716, November 17, 2010)
Q12: What are the punishable acts for criminal negligence?

A12:
1. By committing, through reckless imprudence, any act which, had it been intentional, would
constitute a grave or less grave felony or light felony;
2. By committing, through simple imprudence or negligence, an act which would otherwise constitute
a grave or less serious felony;
3. By causing damage to the property of another through reckless imprudence or simple imprudence
or negligence; or
4. By causing, through simple imprudence or negligence, some wrong which, if done maliciously,
would have constituted a light felony (Art. 365, RPC)
Q13: When is probation applied for?

A13: Probation is applied for after conviction and sentencing of a defendant for a probationable penalty
and upon application within the period of perfecting an appeal.
General Rule: A perfected appeal from the judgment of conviction bars the grant of the privilege of
probation. The remedies of appeal and probation are alternative and mutually exclusive of each other.
Exception: Appeal for correction of non-probationable penalty.
NOTE:
• Probation is a special privilege granted by the State to a penitent qualified offender. It
essentially rejects appeals and encourages an otherwise eligible convict to immediately
admit his liability and save the state of time, effort and expenses to jettison an appeal. The
law expressly requires that an accused must not have appealed before he can avail
of probation. (Francisco v. Court of Appeals, G.R. No. 108747, 1995)
• Thus, probation and appeal are mutually exclusive remedies.
Q14: When may the court require rendering of community service in lieu of service in jail?
A14: The court in its discretion may, in lieu of service in jail, require that the penalties of arresto menor
and arresto mayor may be served by the defendant by rendering community service in the place
where the crime was committed, under such terms as the court shall determine, taking into
consideration the gravity of offense and the circumstances of the case, which shall be under the
supervision of a probation officer. (Sec. 3, R.A. No. 11362, amending Art. 88a of Act No. 3815)
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NOTE:
• The privilege of rendering community service in lieu of service in jail shall be availed of only once.
• An accused who has applied and was granted probation in a previous case is not disqualified to
apply for community service in a subsequent case. (OCA Circular No. 168-2020)
• Any person who was convicted of a crime punishable by arresto menor or arresto mayor and
was not required to render community service may avail of the privileges under the Probation
Law. (Implementing Rules and Regulations of Republic Act No. 11362, Otherwise known as the
"Community Service Act", IRR of RA 11362, [May 17, 2022])
Q15: What are the rules as to subsidiary imprisonment?

A15:
Penalty Imposed Subsidiary Imprisonment
Fine Only Subsidiary imprisonment shall not exceed 6 months, if the culprit shall
have been prosecuted for a grave or less grave felony, and shall not
exceed 15 days, if for a light felony. (Art. 39, par. 2)
Prision correccional or He shall remain under confinement until his fine is satisfied, but his
arresto and fine subsidiary imprisonment shall not exceed 1/3 of the term of the
sentence, and in no case shall it continue for more than 1 year. (Art.
39, par. 1)
Note: Fraction or part of a day, not counted.

Higher than prision No subsidiary imprisonment shall be imposed (Art. 39, par. 3)
correccional (6 years of
imprisonment)
Penalty imposed is not Subsidiary penalty shall consist in the same deprivations as those of
to be executed by the principal penalty, under the same rules above.
confinement, but of fixed
duration
In case the financial He shall pay the fine, notwithstanding the fact that the convict suffered
circumstances of the subsidiary personal liability therefor
convict should improve
NOTE: Subsidiary imprisonment is inapplicable in the following:

1) When the penalty imposed is higher than prision correccional.
2) For failure to pay the reparation of the damage caused, indemnification of the
consequential damages, and the cost of the proceedings
3) When the penalty imposed is a fine and a penalty not to be executed by confinement in a
penal institution and which has no fixed duration (Reyes, Book I)
BOOK II (ARTICLES 114-365 OF THE RPC) AND RELATED SPECIAL PENAL LAWS
Q16: What are the punishable acts under the Child Marriage Law (R.A. No. 11596)
A16:
a) Facilitation of Child Marriage- Any person who causes, fixes, facilitates, or arranges a child
marriage
Persons Liable
i. An ascendant, parent, adoptive parent, step parent, or guardian of the child
ii. Any person who produces, prints, issues and/or distributes fraudulent or tampered
documents
iii. A public officer
b) Solemnization of Child Marriage - Any person who performs or officiates a child marriage
c) Cohabitation of an Adult with a Child Outside Wedlock
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NOTE: The foregoing unlawful and prohibited acts are deemed public crimes and may be initiated
by any concerned individual. [Sec. 5]
Q17: X took part as principal in robbery and on the occasion of the crime, a homicide was
committed, is X liable for robbery with homicide?
A17: Yes, if homicide is committed by reason of or on occasion of the robbery, all those who took part as
principals in the robbery will also be held guilty as principals of “robbery with homicide,” even if they
did not take part in the killing, unless it appears that they sought to prevent the killing. (People v.
Labagala, G.R. 221427, July 30, 2018)
Q18: What are examples of complex crimes proper?

A18:
1) Direct assault with:
1) Homicide;
2) Murder;
3) Serious Physical Injuries or Less Serious Physical Injuries; or
4) Tumults and other disturbances;
2) Estafa thru falsification of a public document;
3) Malversation thru falsification;
4) Discharge of firearm with SPI or LSPI;
5) Grave threats with intentional abortion;
6) Homicide with unintentional abortion;
7) Parricide with abortion (intentional or unintentional);
8) Forcible abduction with rape (if there are multiple rapes, only one will be complexed with forcible
abduction, and the rest shall be considered separate crimes);
9) Simple seduction by means of usurpation of official functions
Q19: Is there a complex crime of estafa through falsification of private document?

A19: No. There is no complex crime of estafa through falsification of private document. There is only a
complex crime of estafa thru falsification of a public document.
NOTE:
• There can be no complex crime of falsification of private documents and Estafa because the
element of damage essential in both is the same. As there is no complex crime of Estafa
through falsification of private document, it is important to ascertain whether the offender is to
be charged with falsification of a private document or with Estafa. If the falsification of a private
document is committed as a means to commit Estafa, the proper crime to be charged is
falsification. If the Estafa can be committed without the necessity of falsifying a document, the
proper crime to be charged is Estafa (Co v People of the Philippines, GR No. 233015, 2019)
• The falsification of a public, official, or commercial document may be a means of committing
Estafa, because before the falsified document is actually utilized to defraud another, the crime
of Falsification has already been consummated, damage or intent to cause damage not being
an element of the crime of falsification of public, official or commercial document. In other words,
the crime of falsification has already existed. Actually utilizing that falsified public, official or
commercial document to defraud another is Estafa. But the damage is caused by the
commission of Estafa, not by the falsification of the document. Therefore, the falsification of the
public, official or commercial document is only a necessary means to commit the Estafa. (People
v. Go, G.R. No. 191015, [August 6, 2014], 740 PHIL 583-615)
Q20: Does the number of rapes committed matter in a special complex crime of kidnapping with
rape?
A20: No. No matter how many rapes had been committed in the special complex crime of kidnapping with
rape, the resultant crime is only one kidnapping with rape. This is because these composite acts
are regarded as a single indivisible offense, as in fact, R.A. No. 7659 punishes these acts with only
one single penalty. However, for the crime of kidnapping with rape, the offender should not have
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taken the victim with lewd designs, otherwise it would amount to the complex crime of forcible
abduction with rape. (People vs. Mirandilla, Jr., G.R. No. 186417, 2011)
Q21: What are the rules on chain of custody?

A21:
a) Seizure and marking, if practicable, of the illegal drug recovered from the accused by the
apprehending officer;
b) Turnover of the illegal drug seized by the apprehending officer to the investigating officer;
c) Turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory
examination;
d) Turnover and submission of the marked illegal drug seized from the forensic chemist to the
court
Q22: AAA was arrested upon delivering packets of shabu to a PDEA officer, who was disguised as an
ordinary citizen in a buy bust operation in Starmall Alabang. After the PDEA officers announced
the arrest, AAA shouted “tulungan niyo po ako; papatayin nila ako.” As a result, a commotion
ensued. The inventory of the confiscated items was therefore not executed immediately. Instead,
AAA was brought to the Barangay Hall of Pinyahan, Quezon City. It was in the said place that the
inventory of seized items was executed. The same was executed in the presence of two elected
barangay officials. On the basis of the above said facts, can AAA be convicted for illegal sale of
dangerous drugs?
A22: No, as the prosecution failed to prove the chain of custody of the seized drugs. For a successful
prosecution for the crime of illegal sale of drugs under Section 5 of R.A. No. 9165, the following must be
proven: (a) the identities of the buyer, seller, object, and consideration; and (b) the delivery of the thing
sold and the payment for it.
In cases involving dangerous drugs, the drug itself constitutes the corpus delicti of the offense. In
order to preserve the very corpus delicti of the offense, the following procedure must be followed:
1) The initial custody requirements must be done immediately after seizure or confiscation;
2) The physical inventory and photographing must be done in the presence of the accused
or his representative or counsel with:
1) an elective public official; AND
a) a representative of the National Prosecution Service; OR
b) the media (as amended by R.A. No. 10640)
3) The conduct of the physical inventory and the photographing shall be done at the:
1) place where the search warrant is served ; or
2) at the nearest police station; or
3) nearest office of the apprehending officer/team , whichever is practicable, in case
of warrantless seizure.
The Court may allow deviation from the procedure only where the following requisites are present:
(1) the existence of justifiable grounds to allow departure from the rule on strict compliance; and (2)
the integrity and the evidentiary value of the seized items are properly preserved by the apprehending
team. If these two elements are present, the seizures and custody over the confiscated items shall
not be rendered void and invalid.
The buy-bust team in this case utterly failed to comply with these requirements. To start, the conduct
of the inventory in this case was not conducted immediately at the place of arrest but at the barangay
hall of Pinyahan, Quezon City. There are police stations closer to Starmall, Alabang, in Muntinlupa
City and the office of the PDEA is also in Pinyahan, Quezon City. And yet, the inventory was
conducted in the barangay hall of Pinyahan, Quezon City — which is not one of the allowed
alternative places provided under Section 21 of the IRR of RA 9165. More importantly, there was no
compliance with the three-witness rule. There were no witnesses from the DOJ or the media. Only
two witnesses who were elected barangay officials were present. (People v. Tomawis, G.R. No.
228890, April 18, 2018 ).
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Q23: Is there a complex crime in aberratio ictus, if the second person who was hit was a child?
A23: No. There are two separate crimes and not a complex crime because child abuse is punished under
a SPL and Article 48 applies only if the two crimes are punishable under the RPC. (Patulot v. People,
G.R. No. 235071, January 7, 2019)
Q24: What is the effect of possession of Loose Firearms?

A24: Under R.A. No. 10591 – Comprehensive Firearms and Ammunition Regulation Act
1) Section 28: Unlawful Acquisition or Possession of Firearms and Ammunition

If an unlicensed firearm is used in the commission of any crime, there can be no separate
offense of simple illegal possession of firearms. If the other crime is homicide, illegal possession
of firearms becomes an aggravating circumstance, not a separate offense. (People v.
Ladjaalam, G.R. No. 13149-51, 2000)
It follows that the accused can be convicted of simple illegal possession of firearms, provided
that no other crime was committed by the person arrested. (Celino v. CA, G.R. No. 170562,
2007)
To be found guilty of illegal possession of firearms and ammunition, one does not have to be in
actual possession. The law does not punish physical possession alone but also possession in
general, including constructive possession or when the thing is subject to the owner’s control.
(Evangelista v. People, G.R. No. 163267, 2010)
2) Section 29: Use of Loose Firearms, when inherent in the commission of a crime, shall be
considered aggravating circumstance
In connection with Crime Against Public Order
If the violation is in furtherance of, or incident to, or in connection with the crime of rebellion,
insurrection, or attempted coup d’etat, such violation shall be absorbed as an element of the
crime of rebellion, insurrection, or attempted coup d’etat.
If the crime is committed by the person without using the loose firearm, the violation shall be
considered as a distinct and separate offense
Q25: Distinguish Acts of Lasciviousness or Lascivious Conduct and Rape by Carnal Knowledge or
Sexual Assault.
A25: In People v Tulagan (G.R. No. 227363, 2019), the Court established the following guidelines:
Crime Committed Victim is under 16 y/o or Victim is 16 y/o or below Victim is 18

demented 18 or 18 under special y/o and
circumstances above
Acts of Acts of Lasciviousness Lascivious Conduct under N/A
Lasciviousness under Article 336 of the Section 5(b) of R.A. No.
committed against RPC in relation to Section 7610
children exploited in 5(b) of R.A. No. 7610.
prostitution or other
sexual abuse Penalty: Reclusion Penalty: Reclusion
Temporal in its medium Temporal in its medium
period period to reclusion
perpetua
Sexual Assault Sexual Assault under Lascivious Conduct under N/A
committed against Article 266-A(2) of the Section 5(b) of R.A. No.
children exploited in RPC in relation to Section 7610
prostitution or other 5(b) of R.A. No. 7610
sexual abuse
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Penalty: Reclusion Penalty: Reclusion

temporal in its medium temporal in its medium
perpetua
Sexual Intercourse Rape under Article 266-A Sexual Abuse under N/A
committed again (1) of the RPC Section 5(b) of R.A. No.
children exploited in 7610
prostitution or other Penalty: Reclusion Penalty: Reclusion
sexual abuse perpetua, except when temporal in its medium
the victim is below 7 y/o in period to reclusion
which case the death perpetua
penalty shall be imposed
(subject to R.A. No. 9346)
Rape by Carnal Rape under Article 266- Rape under Article 266-A Rape under
Knowledge A(1) in relation to Article (1) in relation to Article Article 266-
266-B of the RPC 266-B of the RPC A(1)
Penalty: Reclusion Penalty: Reclusion Penalty:

perpetua, except when perpetua Reclusion
the victim is below 7 y/o in perpetua
which case the death
penalty shall be imposed
(subject to R.A. No. 9346)
Rape by Sexual Sexual Assault under Lascivious Conduct under Sexual
Assault Article 266-A(2) of the Section 5(b) of R.A. No, Assault under
RPC in relation to Section 7610 Article 266-
5(b) of R.A. No. 7610 A(2) of the
RPC
Penalty: Reclusion Penalty: Reclusion Penalty:

temporal in its medium temporal in its medium Prision Mayor
perpetua
Q26: Under the Anti-Terrorism Law, when is detention allowed without judicial warrant? How long
is the detention allowed?
A26: Section 29 of the said law provides that:
Any law enforcement agent or military personal who, having been duly authorized in writing by the
ATC, has taken custody of a person suspected of committing any of the acts defined and penalized
under §4-12 of this Act, shall, without incurring any criminal liability for delay in the delivery of the
detained persons under Article 125 of the RPC:
1) Deliver said suspected person to the proper judicial authority within a period of 14 calendar
days counted from the moment said suspected person has been apprehended or arrested,
detained, and taken into custody by the law enforcement agent or military personnel;
2) The period of detention may be extended to a maximum of 10 calendar days if it is established
that:
a) Further detention of the person/s is necessary to preserve evidence related to terrorism or
complete the investigation
b) Further detention of the person/s is necessary to prevent the commission of another
terrorism; and
c) The investigation is being conducted properly and without delay.
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NOTE: While the law provides "to a maximum of 10 calendar days", this should be read as "by a
maximumof 10 calendar days" as the law contemplates a period of extension (i.e. in addition to the 14
calendar days).
Immediately after taking custody of a person suspected of committing terrorism or any member of a
group of persons, organization or association proscribed under §26 hereof, the law enforcement
agent or military personnel shall notify in writing the judge of the court nearest the place of
apprehension or arrest of the following facts:
a) The time, date, and manner of arrest;
b) The location or locations of the detained suspect/s, and
c) The physical and mental condition of the detained suspect/s.
The law enforcement agent or military personnel shall likewise furnish the ATC and the Commission
on Human Rights of the written notice given to the judge.
The head of the detaining facility shall ensure that the detained suspect is informed of his/her rights
as a detainee and shall ensure access to the detainee by his/her counsel or agencies and entities
authorized by law to exercise visitorial powers over detention facilities.
The penalty of imprisonment of 10 years shall be imposed upon the police or law enforcement agent
or military personnel who fails to notify any judge as provided in the preceding paragraph.
Q27: What is the punishable act under Section 3(e) of R.A. No. 3019 (Anti-Graft and Corrupt
Practices Act)?
A27: Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross inexcusable negligence. This
provision shall apply to officers and employees of offices or government corporations charged with
the grant of licenses or permits or other concessions.
---nothing follows---
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ATENEO CENTRAL
PAGE 14 OF 14

BLUE TIPS 2023 Day 3 Criminal Law

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BLUE TIPS 2023 Day 3 Criminal Law

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ATENEO CENTRAL

BAR OPERATIONS 2023 CRIMINAL LAW BLUE TIPS

PRAYER FOR THE BAR EXAMINATIONS

O God, we come before You this day,

This is the most important event in our lives,

We ask for help.

We do not ask this by our own merits.

We ask this from Your Fatherly mercy and compassion through

What is the crime committed if you killed your best friend?

What do you call the crime of killing your female friend?

BOOK 1 [ARTICLES 1-99 OF THE REVISED PENAL CODE (RPC)]

Q3: What are the elements of evident premeditation?

Q5: What is conspiracy?

Q6: Is mere presence sufficient to prove conspiracy?

Q8: Distinguish an Accessory from a Principal in PD 1829.

Was the robbery

Q12: What are the punishable acts for criminal negligence?

Q13: When is probation applied for?

Exception: Appeal for correction of non-probationable penalty.

Q15: What are the rules as to subsidiary imprisonment?

Note: Fraction or part of a day, not counted.

NOTE: Subsidiary imprisonment is inapplicable in the following:

Q18: What are examples of complex crimes proper?

Q19: Is there a complex crime of estafa through falsification of private document?

Q21: What are the rules on chain of custody?

Q24: What is the effect of possession of Loose Firearms?

1) Section 28: Unlawful Acquisition or Possession of Firearms and Ammunition

In connection with Crime Against Public Order

Crime Committed Victim is under 16 y/o or Victim is 16 y/o or below Victim is 18

Penalty: Reclusion Penalty: Reclusion

Penalty: Reclusion Penalty: Reclusion Penalty:

Penalty: Reclusion Penalty: Reclusion Penalty:

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