200S 8Ak LkAMS ULS1ICNS IN CkIMINAL LAW

I
(1) ulsLlngulsh Lhe followlng from each oLher

a) Complex crlme under ArLlcle 48 of Lhe 8evlsed enal Code
b) Speclal complex crlme and
c) dellLo conLlnuado (3)

(2) under ArLlcle 27 of Lhe 8evlsed enal Code as amended by 8epubllc AcL (8A) no 7939 recluslon
perpeLua shall be from 20 years and 1 day Lo 40 years

uoes Lhls mean LhaL recluslon perpeLua ls now a dlvlslble penalLy? Lxplaln (2)

(3) ulsLlngulsh pecunlary penalLles from pecunlary llablllLles (2)

(4) 1aklng lnLo accounL Lhe naLure and elemenLs of Lhe felonles of coup d' eLaL and rape may one be
crlmlnally llable for frusLraLed coup d' eLaL or frusLraLed rape? Lxplaln (2)

(3) ulsLlngulsh malum ln se from malum prohlblLum (2)

II

(1) 8elle saw CasLon sLeallng Lhe prlzed cock of a nelghbor and reporLed hlm Lo Lhe pollce 1hereafLer
CasLon whlle drlvlng a car saw 8elle crosslng Lhe sLreeL lncensed LhaL 8elle had reporLed hlm CasLon
declded Lo scare her by Lrylng Lo make lL appear LhaL he was abouL Lo run her over Pe revved Lhe
englne of hls car and drove Lowards her buL he applled Lhe brakes Slnce Lhe road was sllppery aL LhaL
Llme Lhe vehlcle skldded and hlL 8elle causlng her deaLh

WhaL ls Lhe llablllLy of CasLon? Why? (4)

(2) uu was engaged ln Lhe warehouse buslness SomeLlme ln november 2004 he was ln dlre need of
money Pe Lhus sold merchandlse deposlLed ln hls warehouse Lo v8 for 30000000 uu was charged
wlLh LhefL as prlnclpal whlle v8 as accessory 1he courL convlcLed uu of LhefL buL acqulLLed v8 on Lhe
ground LhaL he purchased Lhe merchandlse ln good falLh Powever Lhe courL ordered v8 Lo reLurn Lhe
merchandlse Lo Lhe owner Lhereof and ordered uu Lo refund Lhe 30000000 Lo v8

uu moved for Lhe reconslderaLlon of Lhe declslon lnslsLlng LhaL he should be acqulLLed of LhefL because
belng Lhe deposlLary he had [urldlcal possesslon of Lhe merchandlse v8 also moved for Lhe
reconslderaLlon of Lhe declslon lnslsLlng LhaL slnce he was acqulLLed of Lhe crlme charged and LhaL he
purchased Lhe merchandlse ln good falLh he ls noL obllgaLed Lo reLurn Lhe merchandlse Lo lLs owner

8ule on Lhe moLlons wlLh reasons (3)





III

(1) Parold was convlcLed of a crlme deflned and penallzed by a speclal penal law where Lhe lmposable
penalLy ls from 6 monLhs as mlnlmum Lo 3 years as maxlmum SLaLe wlLh reasons wheLher Lhe courL
may correcLly lmpose Lhe followlng penalLles

a) a sLralghL penalLy of 10 monLhs

b) 6 monLhs as mlnlmum Lo 11 monLhs as maxlmum

c) a sLralghL penalLy of 2 years (3)

(2) L and M are convlcLed of a penal law LhaL lmposes a penalLy of flne or lmprlsonmenL or boLh flne
and lmprlsonmenL 1he [udge senLenced Lhem Lo pay Lhe flne [olnLly and severally wlLh subsldlary
lmprlsonmenL ln case of lnsolvency

a) ls Lhe penalLy proper? Lxplaln

b) May Lhe [udge lmpose an alLernaLlve penalLy of flne or lmprlsonmenL? Lxplaln (4)

(3) 1he accused was found gullLy of 10 counLs of rape for havlng carnal knowledge wlLh Lhe same
woman ln addlLlon Lo Lhe penalLy of lmprlsonmenL he was ordered Lo pay lndemnlLy ln Lhe amounL of
3000000 for each counL

Cn appeal Lhe accused quesLlons Lhe award of clvll lndemnlLy for each counL conslderlng LhaL Lhe
vlcLlm ls Lhe same woman Pow would you rule on Lhe conLenLlon of Lhe accused? Lxplaln (3)

IV

(1) Maganda was charged wlLh vlolaLlon of Lhe 8ounclng Checks Law (8 22) punlshable by
lmprlsonmenL of noL less Lhan 30 days buL noL more Lhan 1 year or a flne of noL less Lhan buL noL more
Lhan double Lhe amounL of Lhe check whlch flne shall noL exceed 20000000 or boLh 1he courL
convlcLed her of Lhe crlme and senLenced her Lo pay a flne of 3000000 wlLh subsldlary lmprlsonmenL
ln case of lnsolvency and Lo pay Lhe prlvaLe complalnanL Lhe amounL of Lhe check Maganda was unable
Lo pay Lhe flne buL flled a peLlLlon for probaLlon 1he courL granLed Lhe peLlLlon sub[ecL Lo Lhe condlLlon
among oLhers LhaL she should noL change her resldence wlLhouL Lhe courL's prlor approval

a) WhaL ls Lhe proper perlod of probaLlon?

b) Supposlng before Lhe Crder of ulscharge was lssued by Lhe courL buL afLer Lhe lapse of Lhe perlod of
probaLlon Maganda Lransferred resldence wlLhouL prlor approval of Lhe courL

May Lhe courL revoke Lhe Crder of robaLlon and order her Lo serve Lhe subsldlary lmprlsonmenL?
Lxplaln (3)

(2) uu purchased a Lelevlslon seL for 3000000 wlLh Lhe use of a counLerfelL credlL card 1he owner of
Lhe esLabllshmenL had no lnkllng LhaL Lhe credlL card used by uu was counLerfelL

WhaL crlme or crlmes dld uu commlL? Lxplaln (3)

V

az Maslpag worked as a housemald and yaya of Lhe oneweek old son of Lhe spouses MarLln and ops
kurlpoL When az learned LhaL her 70 yearold moLher was serlously lll she asked MarLln for a cash
advance of 100000 buL MarLln refused Cne mornlng az gagged Lhe mouLh of MarLln's son wlLh
sLocklngs placed Lhe chlld ln a box sealed lL wlLh masklng Lape and placed Lhe box ln Lhe aLLlc LaLer ln
Lhe afLernoon she demanded 300000 as ransom for Lhe release of hls son MarLln dld noL pay Lhe
ransom SubsequenLly az dlsappeared AfLer a couple of days MarLln dlscovered Lhe box ln Lhe aLLlc
wlLh hls chlld already dead Accordlng Lo Lhe auLopsy reporL Lhe chlld dled of asphyxlaLlon barely Lhree
mlnuLes afLer Lhe box was sealed

WhaL crlme or crlmes dld az commlL? Lxplaln (3)

VI

Candldo sLabbed an lnnocenL bysLander who accldenLally bumped hlm 1he lnnocenL bysLander dled as
a resulL of Lhe sLabblng Candldo was arresLed and was LesLed Lo be poslLlve for Lhe use of shabu" aL
Lhe Llme he commlLLed Lhe sLabblng

WhaL should be Lhe proper charge agalnsL Candldo? Lxplaln (3)

VII

!ose employed Marlo as gardener and Penry as cook 1hey learned LhaL !ose won 30000000 ln Lhe
loLLo and declded Lo rob hlm Marlo poslLloned hlmself abouL 30 meLers away from !ose's house and
acLed as lookouL lor hls parL Penry surrepLlLlously galned enLry lnLo Lhe house and kllled !ose who was
Lhen havlng hls dlnner Penry found Lhe 30000000 and Look lL Penry Lhen Look a can of gasollne from
Lhe garage and burned Lhe house Lo conceal Lhe acLs Marlo and Penry fled buL were arresLed around
200 meLers away from Lhe house by alerL barangay Lanods 1he Lanods recovered Lhe 30000000

Marlo and Penry were charged wlLh and convlcLed of robbery wlLh homlclde wlLh Lhe aggravaLlng
clrcumsLances of arson dwelllng and nlghLLlme Marlo moved Lo reconslder Lhe declslon malnLalnlng
LhaL he was noL aL Lhe scene of Lhe crlme and was noL aware LhaL Penry kllled Lhe vlcLlm hence he was
gullLy only of robbery as an accompllce Marlo also clalmed LhaL he consplred wlLh Penry Lo commlL
robbery buL noL Lo klll !ose Penry llkewlse moved Lo reconslder Lhe declslon asserLlng LhaL he ls llable
only for aLLempLed robbery wlLh homlclde wlLh no aggravaLlng clrcumsLance conslderlng LhaL he and
Marlo dld noL beneflL from Lhe 30000000 Pe furLher alleged LhaL arson ls a felony and noL an
aggravaLlng clrcumsLance dwelllng ls noL aggravaLlng ln aLLempLed robbery wlLh homlclde and
nlghLLlme ls noL aggravaLlng because Lhe house of !ose was llghLed aL Lhe Llme he was kllled

8esolve wlLh reasons Lhe respecLlve moLlons of Marlo and Penry (7)

VIII

eLe a securlLy guard arrlved home laLe one nlghL afLer renderlng overLlme Pe was shocked Lo see
llor hls wlfe and 8en[le hls besL frlend compleLely naked havlng sexual lnLercourse eLe pulled ouL hls
servlce gun and shoL and kllled 8en[le eLe was charged wlLh murder for Lhe deaLh of 8en[le eLe
conLended LhaL he acLed ln defense of hls honor and LhaL Lherefore he should be acqulLLed of Lhe
crlme 1he courL found LhaL 8en[le dled under excepLlonal clrcumsLances and exoneraLed eLe of Lhe
crlme buL senLenced hlm Lo desLlerro conformably wlLh ArLlcle 247 of Lhe 8evlsed enal Code 1he
courL also ordered eLe Lo pay lndemnlLy Lo Lhe helrs of Lhe vlcLlm ln Lhe amounL of 3000000

a) ls Lhe defense of eLe merlLorlous? Lxplaln

b) under ArLlcle 247 of Lhe 8evlsed enal Code ls desLlerro a penalLy? Lxplaln c) uld Lhe courL correcLly
order eLe Lo pay lndemnlLy desplLe hls exoneraLlon under ArLlcle 247 of Lhe 8evlsed enal Code?
Lxplaln (3)

Ik

Allan Lhe Munlclpal 1reasurer of Lhe MunlclpallLy of Cerona was ln a hurry Lo reLurn Lo hls offlce afLer a
daylong offlclal conference Pe allghLed from Lhe governmenL car whlch was offlclally asslgned Lo hlm
leavlng Lhe lgnlLlon key and Lhe car unlocked and rushed Lo hls offlce !ules a bysLander drove off wlLh
Lhe car and laLer sold Lhe same Lo hls broLher uanny for 2000000 alLhough Lhe car was worLh
80000000

a) WhaL are Lhe respecLlve crlmes lf any commlLLed by Allan uanny and !ules? Lxplaln

b) WhaL lf any are Lhelr respecLlve clvll llablllLles? Lxplaln (3)

k

uurlng a n buybusL operaLlon Cao Shlh was arresLed for selllng 20 grams of meLhampheLamlne
hydrochlorlde (shabu) Lo a poseurbuyer Cao Shlh Lhrough an lnLermedlary pald aLrlck Lhe Lvldence
CusLodlan of Lhe n lorenslc ChemlsLry SecLlon Lhe amounL of 30000000 ln conslderaLlon for Lhe
desLrucLlon by aLrlck of Lhe drug aLrlck managed Lo desLroy Lhe drug

SLaLe wlLh reasons wheLher aLrlck commlLLed Lhe followlng crlmes

a) ulrecL brlbery

b) lndlrecL brlbery

c) SecLlon 3(e) of 8A 3019 (AnLlCrafL and CorrupL racLlces AcL)

d) CbsLrucLlon of !usLlce under u 1829 (7)

kI

Cn !uly 1 2004 !eL MaLulls a pedophlle gave 100000 Lo Sherly an orphan and a prosLlLuLe and
broughL her Lo a moLel Pe lnserLed a rusLy and overslzed vlbraLor lnLo her vaglna wlLh such force LhaL
she bled profusely !eL panlcked and fled Sherly was broughL Lo Lhe hosplLal and dled a few days laLer
because of shock caused by hemorrhage

a) WhaL crlme or crlmes dld !eL MaLulls commlL? Lxplaln

b) lf Sherly were a mlnor when she dled would your answer be Lhe same? Lxplaln (3)

kII

uon CablLo a phllanLhroplsL offered Lo fund several pro[ecLs of Lhe Mayor Pe opened an accounL ln
Lhe Mayor's name and regularly deposlLed varlous amounLs ranglng from 30000000 Lo 1 Mllllon
lrom Lhls accounL Lhe Mayor wlLhdrew and used Lhe money for consLrucLlng feeder roads barangay
cllnlcs repalrlng schools and for all oLher munlclpal pro[ecLs lL was subsequenLly dlscovered LhaL uon
CablLo was acLually a [ueLeng operaLor and Lhe amounLs he deposlLed were proceeds from hls [ueLeng
operaLlons

WhaL crlme/s were commlLLed?

Who are crlmlnally llable? Lxplaln (6)

kIII

Cble !uan ls suspecLed Lo have ln hls possesslon an unspeclfled amounL of meLhampheLamlne
hydrochlorlde or shabu" An enLrapmenL operaLlon was conducLed by pollce offlcers resulLlng ln hls
arresL followlng Lhe dlscovery of 100 grams of Lhe sald dangerous drug ln hls possesslon Pe was
sub[ecLed Lo a drug LesL and was found poslLlve for Lhe use of marl[uana anoLher dangerous drug Pe
was subsequenLly charged wlLh Lwo crlmes vlolaLlon of SecLlon 11 ArLlcle ll of 8A 9163 for Lhe
possesslon of shabu" and vlolaLlon of SecLlon 13 ArLlcle ll of 8A 9163 for Lhe use of marl[uana

a) Are Lhe charges proper? Lxplaln

b) So as noL Lo be senLenced Lo deaLh Cble !uan offers Lo plead gullLy Lo a lesser offense Can he do so?
Why? (3)

kIV

Al Chua a Chlnese naLlonal flled a peLlLlon under oaLh for naLurallzaLlon wlLh Lhe 8eglonal 1rlal CourL
of Manlla ln hls peLlLlon he sLaLed LhaL he ls marrled Lo Lenl Chua LhaL he ls llvlng wlLh her ln
Sampaloc Manlla LhaL he ls of good moral characLer and LhaL he has conducLed hlmself ln an
lrreproachable manner durlng hls sLay ln Lhe hlllpplnes Powever aL Lhe Llme of Lhe flllng of Lhe
peLlLlon Lenl Chua was already llvlng ln Cebu whlle Al was llvlng wlLh 8abes 1oh ln Manlla wlLh whom
he has an amorous relaLlonshlp AfLer hls dlrecL LesLlmony Al Chua wlLhdrew hls peLlLlon for
naLurallzaLlon

WhaL crlme or crlmes lf any dld Al Chua commlL? Lxplaln (3)

kV

ln an lnLervlew alred on Lelevlslon Clndee uLLered defamaLory sLaLemenLs agalnsL Lrlka a successful
and repuLable buslnesswoman

WhaL crlme or crlmes dld Clndee commlL? Lxplaln (3)

nC1PlnC lCLLCWS
8ar Lxams 2006 uest|ons |n Cr|m|na| Law

I

MoLlve ls essenLlal ln Lhe deLermlnaLlon of Lhe commlsslon of a crlme and Lhe llablllLles of Lhe
perpeLraLors

WhaL are Lhe lnsLances where proof of moLlve ls noL essenLlal or requlred Lo [usLlfy convlcLlon of an
accused? Clve aL leasL 3 lnsLances 3

II

When can a llllplno clLlzen resldlng ln Lhls counLry use an allas legally? Clve 3 lnsLances 23

under whaL slLuaLlons may a prlvaLe person enLer any dwelllng resldence or oLher esLabllshmenLs
wlLhouL belng llable for Lrespass Lo dwelllng? 23

III

WhaL are Lhe 3 ways of commlLLlng arblLrary deLenLlon? Lxplaln each 23

WhaL are Lhe legal grounds for deLenLlon? 23

When ls an arresL by a peace offlcer or by a prlvaLe person consldered lawful? Lxplaln 3

IV

LnumeraLe Lhe dlfferences beLween pardon and amnesLy 23

under resldenLlal roclamaLlon no 724 amendlng resldenLlal roclamaLlon no 347 cerLaln crlmes
are covered by Lhe granL of amnesLy name aL leasL 3 of Lhese crlmes 23

Can former uSWu SecreLary ulnky Sollman apply for amnesLy? Pow abouL columnlsL 8andy uavld? (?ou
are supposed Lo know Lhe crlmes or offenses ascrlbed Lo Lhem as publlshed ln almosL all newspapers for
Lhe pasL several monLhs) 23

Ceneral Llm and Ceneral Cuerubln of Lhe ScouL 8angers and hlllpplne Marlnes respecLlvely were
charged wlLh conducL unbecomlng an offlcer and a genLleman under Lhe ArLlcles of War Can Lhey apply
for amnesLy? 23

V

1here are aL leasL 7 lnsLances or slLuaLlons ln crlmlnal cases whereln Lhe accused elLher as an adulL or as
a mlnor can apply for and/or be granLed a suspended senLence LnumeraLe aL leasL 3 of Lhem 3

VI

ln 1982 Lhe hlllpplne naLlonal 8ank (n8) Lhen a governmenL banklng lnsLlLuLlon hlred Penry dela
8enLa a CA as 8eglonal 8ank AudlLor ln 1992 he reslgned and was employed by Lhe hlllpplne
ueposlL lnsurance CorporaLlon (ulC) anoLher governmenLowned and conLrolled corporaLlon ln 1993
afLer Lhe n8 managemenL unearLhed many lrregularlLles and vlolaLlons of Lhe bank's rules and
regulaLlons dela 8enLa was found Lo have manlpulaLed cerLaln accounLs lnvolvlng LrusL funds and Llme
deposlLs of deposlLors AfLer lnvesLlgaLlon he was charged wlLh malversaLlon of publlc funds before Lhe
Sandlganbayan Pe flled a moLlon Lo dlsmlss conLendlng he was no longer an employee of Lhe n8 buL
of Lhe ulC

ls dela 8enLa's conLenLlon Lenable? 23

AfLer hls arralgnmenL Lhe prosecuLlon flled a moLlon for hls suspenslon pendenLe llLe Lo whlch he flled
an opposlLlon clalmlng LhaL he can no longer be suspended as he ls no longer an employee of Lhe n8
buL LhaL of Lhe ulC

Lxplaln wheLher he mayor may noL be suspended 23

VII

Whlle Lhe 33 nagoya Maru was negoLlaLlng Lhe sea rouLe from Pongkong Lowards Manlla and whlle
sLlll 300 mlles from Aparrl Cagayan lLs englnes malfuncLloned 1he CapLaln ordered Lhe shlp Lo sLop for
emergency repalrs lasLlng for almosL 13 hours uue Lo exhausLlon Lhe offlcers and crew fell asleep
Whlle Lhe shlp was anchored a moLorboaL manned by renegade ?banags from Claverla Cagayan
passed by and Look advanLage of Lhe slLuaLlon 1hey cuL Lhe shlp's englnes and Look away several heavy
craLes of elecLrlcal equlpmenL and loaded Lhem ln Lhelr moLorboaL 1hen Lhey lefL hurrledly Lowards
Aparrl AL daybreak Lhe crew found LhaL a robbery Look place 1hey radloed Lhe Aparrl orL AuLhorlLles
resulLlng ln Lhe apprehenslon of Lhe culprlLs

WhaL crlme was commlLLed? Lxplaln 23

Supposlng LhaL whlle Lhe robbery was Laklng place Lhe culprlLs sLabbed a member of Lhe crew whlle
sleeplng

WhaL crlme was commlLLed? Lxplaln 23
VIII

Commlssloner Marlan 1orres of Lhe 8ureau of lnLernal 8evenue (8l8) wroLe sollclLaLlon leLLers
addressed Lo Lhe llllplnoChlnese Chamber of Commerce and lndusLry and Lo cerLaln CLCs of varlous
mulLlnaLlonal corporaLlons requesLlng donaLlons of glfLs for her offlce ChrlsLmas parLy She used Lhe
8ureau's offlclal sLaLlonery 1he response was prompL and overwhelmlng so much so LhaL Commlssloner
1orres' offlce was overcrowded wlLh rlce cookers radlo seLs freezers elecLrlc sLoves and LoasLers Per
sLaff also recelved several envelopes conLalnlng cash money for Lhe employees' ChrlsLmas luncheon

Pas Commlssloner 1orres commlLLed any lmproprleLy or lrregularlLy? WhaL laws or decrees dld she
vlolaLe? 3

Ik

Lduardo CulnLos a wldower for Lhe pasL 10 years felL LhaL hls reLlremenL aL Lhe age of 70 gave hlm Lhe
opporLunlLy Lo engage ln hls favorlLe pasLlme voyeurlsm lf noL uslng hls hlghpowered blnoculars Lo
peep aL hls nelghbor's homes and domesLlc acLlvlLles hls second cholce was Lo follow sweeL young glrls
Cne day he Lralled a Leenage glrl up Lo Lhe L81 sLaLlon aL LuSA8uendla Whlle ascendlng Lhe sLalrs he
sLayed one sLep behlnd her and ln a momenL of bravado placed hls hand on her lefL hlp and genLly
massaged lL She screamed and shouLed for help Lduardo was arresLed and charged wlLh acLs of
lasclvlousness ls Lhe deslgnaLlon of Lhe crlme correcL? 3

k

!alme Andy and !lmmy laborers ln Lhe noodles facLory of Luke 1an agreed Lo klll hlm due Lo hls
arrogance and mlserllness Cne afLernoon Lhey selzed hlm and loaded hlm ln a Laxl drlven by Marlo
1hey Lold Marlo Lhey wlll only Leach Luke a lesson ln ChrlsLlan humlllLy Marlo drove Lhem Lo a flshpond
ln navoLas where Luke was enLrusLed Lo Lmll and Loule Lhe flshpond careLakers asklng Lhem Lo hlde
Luke ln Lhelr shack because he was runnlng from Lhe n8l 1he Lrlo Lhen lefL ln Marlo's car for Manlla
where Lhey called up Luke's famlly and LhreaLened Lhem Lo klll Luke unless Lhey glve a ransom wlLhln 24
hours unknown Lo Lhem because of a leak Lhe kldnapplng was announced over Lhe radlo and 1v Lmll
and Loule heard Lhe broadcasL and panlcked especlally when Lhe announcer sLaLed LhaL Lhere ls a
shooLLoklll order for Lhe kldnappers Lmll and Loule Look Luke Lo Lhe seashore of uagaLdagaLan where
Lhey smashed hls head wlLh a shovel and burled hlm ln Lhe sand Powever Lhey were seen by a
barangay kagawad who arresLed Lhem and broughL Lhem Lo Lhe pollce sLaLlon upon lnLerrogaLlon Lhey
confessed and polnLed Lo !alme Andy !lmmy and Marlo as Lhose responslble for Lhe kldnapplng LaLer
Lhe 4 were arresLed and charged

WhaL crlme or crlmes dld Lhe 6 suspecLs commlL? 3

kI

Ana has been a bar glrl/C8C aL a beer house for more Lhan 2 years She fell ln love wlLh Cnlok Lhe
barLender who lmpregnaLed her 8uL Ana dld noL lnform hlm abouL her condlLlon and lnsLead wenL
home Lo Cebu Lo conceal her shame Powever her parenLs drove her away So she reLurned Lo Manlla
and sLayed wlLh Cnlok ln hls boardlng house upon learnlng of her pregnancy already ln an advanced
sLaLe Cnlok Lrled Lo persuade her Lo undergo an aborLlon buL she refused 8ecause of Lhelr consLanL
and blLLer quarrels she suffered blrLh pangs and gave blrLh premaLurely Lo a llve baby glrl whlle Cnlok
was aL hls place of work upon comlng home and learnlng whaL happened he prevalled upon Ana Lo
conceal her dlshonor Pence Lhey placed Lhe lnfanL ln a shoe box and Lhrew lL lnLo a nearby creek
Powever an lnqulslLlve nelghbor saw Lhem and wlLh Lhe help of oLhers reLrleved Lhe lnfanL who was
already dead from drownlng 1he lncldenL was reporLed Lo Lhe pollce who arresLed Ana and Cnlok 1he
2 were charged wlLh parrlclde under ArLlcle 246 of Lhe 8evlsed enal Code AfLer Lrlal Lhey were
convlcLed of Lhe crlme charged

Was Lhe convlcLlon correcL? 3
kII

!udge 8od 8eyes was appolnLed by former resldenL lldel 8amos as uepuLy Cmbudsman for Lhe vlsayas
for a Lerm of 7 years commenclng on !uly 3 1993 Slx monLhs LhereafLer a lady sLenographer flled wlLh
Lhe Cfflce of Lhe Cmbudsman a complalnL for acLs of lasclvlousness and wlLh Lhe Supreme CourL a
peLlLlon for dlsbarmenL agalnsL hlm lorLhwlLh he flled separaLe moLlons Lo dlsmlss Lhe complalnL for
acLs of lasclvlousness and peLlLlon for dlsbarmenL clalmlng lack of [urlsdlcLlon over hls person and offlce

Are boLh moLlons merlLorlous? 3
kIII

uang was a beauLy queen ln a unlverslLy !ob a rlch classmaLe was so enamored wlLh her LhaL he
perslsLenLly wooed and pursued her uang belng ln love wlLh anoLher man re[ecLed hlm 1hls angered
!ob SomeLlme ln SepLember 2003 whlle uang and her slsLer Lyn were on Lhelr way home !ob and hls
mlnor frlend nonoy grabbed Lhem and pushed Lhem lnslde a whlLe van 1hey broughL Lhem ln an
abandoned warehouse where Lhey forced Lhem Lo dance naked 1hereafLer Lhey broughL Lhem Lo a hlll
ln a nearby barangay where Lhey Look Lurns raplng Lhem AfLer saLlsfylng Lhelr lusL !ob ordered nonoy
Lo push uang down a ravlne resulLlng ln her deaLh Lyn ran away buL !ob and nonoy chased her and
pushed her lnslde Lhe van 1hen Lhe duo drove away Lyn was never seen agaln

WhaL crlme or crlmes were commlLLed by !ob and nonoy? 23

WhaL penalLles should be lmposed on Lhem? 23

Wlll nonoy's mlnorlLy exculpaLe hlm? 23

ls Lhe nonrecovery of Lyn's body maLerlal Lo Lhe crlmlnal 23

kIV

ln a crlme of homlclde Lhe prosecuLlon falled Lo presenL any recelpL Lo subsLanLlaLe Lhe helrs' clalm for
an award of acLual damages such as expenses for Lhe wake and burlal

WhaL klnd of damages may Lhe Lrlal courL award Lo Lhem and how much? 3

kV

WhaL ls LhaL offense? Lxplaln 23

uurlng Lhe prellmlnary lnvesLlgaLlon and up Lo Lhe Lrlal proper 8ene and uanLe conLended LhaL lf Lhey
were Lo be held llable Lhelr llablllLy should be llmlLed only Lo Lhe newlycuL logs found ln Lhelr
possesslon buL noL Lo Lhose found ouLslde Lhe gaLe

lf you were Lhe [udge whaL wlll be your rullng? 23

kVI

AfLer recelvlng a rellable lnformaLlon LhaL uanLe Cng a noLorlous drug smuggler was arrlvlng on AL
lllghL no 8 181 n Chlef lnspecLor Samuel Camboa formed a group of anLldrug agenLs When Cng
arrlved aL Lhe alrporL Lhe group arresLed hlm and selzed hls aLLache case upon lnspecLlon lnslde Lhe
lmmlgraLlon holdlng area Lhe aLLache case ylelded 3 plasLlc bags of heroln welghlng 300 grams Chlef
lnspecLor Camboa Look Lhe aLLache case and boarded hlm ln an unmarked car drlven by C3 eplLo
Lorbes Cn Lhe way Lo Camp Crame and upon nearlng WhlLe lalns corner Ldsa Chlef lnspecLor Camboa
ordered C3 Lorbes Lo sLop Lhe car 1hey broughL ouL Lhe drugs from Lhe case ln Lhe Lrunk and goL 3
plasLlc sacks of heroln 1hey Lhen Lold Cng Lo allghL from Lhe car Cng lefL wlLh Lhe 2 remalnlng plasLlc
sacks of heroln Chlef lnspecLor Camboa advlsed hlm Lo keep sllenL and go home whlch Lhe laLLer dld
unknown Lo Lhem an n8l Leam of agenLs had been followlng Lhem and wlLnessed Lhe LransacLlon 1hey
arresLed Chlef lnspecLor Camboa and C3 Lorbes Meanwhlle anoLher n8l Leam followed Cng and
llkewlse arresLed hlm All of Lhem were laLer charged

WhaL are Lhelr respecLlve crlmlnal llablllLles? 3

kVII

Allng Marla recelved an urgenL Lelephone call from !unlor her eldesL son asklng for 200000 Lo
compleLe hls semesLral LulLlon fees preparaLory Lo hls flnal exams ln Commerce ulsLressed and
dlsLurbed she borrowed money from her compadre Mang !uan wlLh Lhe assurance Lo pay hlm wlLhln 2
monLhs 1wo monLhs lapsed buL Allng Marla falled Lo seLLle her obllgaLlon Mang !uan Lold Allng Marla
LhaL she does noL have Lo pay Lhe loan lf she wlll allow her youngesL 10year old daughLer Annle Lo work
as a housemald ln hls house for 2 monLhs aL 100000 a monLh uesplLe Allng Marla's ob[ecLlon Mang
!uan lnslsLed and broughL Annle Lo hls house Lo work as a mald

Was a crlme commlLLed by Mang !uan when he broughL Annle Lo hls house as mald for Lhe purpose of
repaylng her moLher's loan? 23

lf Allng Marla herself was made Lo work as a housemald ln Mang !uan's household Lo pay her loan dld
he commlL a crlme? 23

nC1PlnC lCLLCWS
8ar Lxams 2007 uest|ons |n Cr|m|na| Law

I
(10)

WhaL are Lhe penalLles LhaL may be served slmulLaneously?

II
(10)

1lburclo asked AnasLaclo Lo [oln Lhelr group for a sesslon" 1hlnklng LhaL lL was for a mah[ong sesslon
AnasLaclo agreed upon reachlng 1lburclo's house AnasLaclo dlscovered LhaL lL was acLually a shabu
sesslon AL LhaL preclse Llme Lhe place was ralded by Lhe pollce and AnasLaclo was among Lhose
arresLed

WhaL crlme can AnasLaclo be charged wlLh lf any? Lxplaln your answer





III
(10)

!ervls and Marlon asked Lhelr frlend !onaLhan Lo help Lhem rob a bank !ervls and Marlon wenL lnslde
Lhe bank buL were unable Lo geL any money from Lhe vaulL because Lhe same was proLecLed by a Llme
delay mechanlsm 1hey conLenLed Lhemselves wlLh Lhe cusLomer's cellphones and a LoLal of 3000 ln
cash AfLer Lhey dashed ouL of Lhe bank and rushed lnLo Lhe car !onaLhan pulled Lhe car ouL of Lhe curb
hlLLlng a pedesLrlan whlch resulLed ln Lhe laLLer's deaLh

WhaL crlme or crlmes dld !ervls Marlon and !onaLhan commlL? Lxplaln your answer

IV
(10)

Macky a securlLy guard arrlved home laLe one nlghL afLer renderlng overLlme Pe was shocked Lo see
!oy hls wlfe and ken hls besL frlend ln Lhe acL of havlng sexual lnLercourse Macky pulled ouL hls
servlce gun and shoL and kllled ken

1he courL found LhaL ken dled under excepLlonal clrcumLances and exoneraLed Macky of murder buL
senLenced hlm Lo desLlerro conformably wlLh ArLlcle 247 of Lhe 8evlsed enal Code 1he courL also
ordered Macky Lo pay lndemnlLy Lo Lhe helrs of Lhe vlcLlm ln Lhe amounL of 30000

uld Lhe courL correcLly order Macky Lo pay lndemnlLy even Lhough he was exoneraLed of murder?
Lxplaln your answer

Whlle servlng hls senLenced Macky enLered Lhe prohlblLed area and had a poL sesslon wlLh lvy (!oy's
slsLer) ls Macky enLlLled Lo an lndeLermlnaLe senLence ln case he ls found gullLy of Lhe use of prohlblLed
subsLances? Lxplaln your answer
V
(10)

ulsLlngulsh beLween an accompllce and a consplraLor

WhaL are Lhe Lhree (3) classes of offender ln Lhe crlme of quallfled seducLlon? Clve an example of each

VI
(10)

WhaL are Lhe dlfferenL acLs of lnclLlng Lo sedlLlon?
VII
(10)

Lddle broughL hls son 8andy Lo a local falLhhealer known as MoLher Plmala" Pe was dlagnosed by Lhe
falLhhealer as belng possessed by an evll splrlL Lddle Lhereupon auLhorlzed Lhe conducL of a
LreaLmenL" calculaLed Lo drlve Lhe splrlL from Lhe boy's body unforLunaLely Lhe procedure conducLed
resulLed ln Lhe boy's deaLh

1he falLhhealer and Lree oLhers who were parL of Lhe heallng rlLual were charged wlLh murder and
convlcLed by Lhe lower courL lf you are appellaLe courL !usLlce would you susLaln Lhe convlcLlon upon
appeal? Lxplaln your answer

VIII
(10)

le ls Lhe manager of a rlce mlll ln 8ulacan ln order Lo supporL a gambllng debL le made lL appear LhaL
Lhe rlce mlll was earnlng less Lhan lL acLually was by wrlLlng ln a Lalaan" or ledger a flgure lower Lhan
whaL was collecLed and pald by Lhelr cusLomers le Lhen pockeLed Lhe dlfference WhaL crlme/s dld le
commlL lf any? Lxplaln your answer

Ik
(10)

uurlng a concerL of Cary v and ln order Lo prevenL Lhe crowd from rushlng Lo Lhe sLage 8afael adllla a
securlLy guard polnLed hls gun aL Lhe onrush of people When Lhe crowd sLlll pushed forward 8afael
flred hls gun lnLo alr Lo scare Lhem off Powever Lhe bulleL hlL one of Lhe meLal roof supporLs
rlcocheLed and Lhen hlL one of Lhe sLage crew members causlng ln[urles whlch resulLed ln Lhe laLLer's
conflnemenL ln a hosplLal for Lwelve days

WhaL crlme/s dld 8afael commlL? Lxplaln your answer

k
(10)

lnky was a lessee of a markeL sLall owned by Clovannl When lnky refused Lo pay her renLal Clovannl
nalled some wooden barrlcades on one of Lhe sldes of Lhe markeL sLall and posLed Lhls warnlng We
have closed Lhls porLlon of Lhe door uo noL open lL or else someLhlng may happen Lo you"

WhaL crlme/s dld Clovannl commlL lf any? Lxplaln your answer

nC1PlnC lCLLCWS

CCVLkAGL CI 1nL 8Ak LkAMINA1ICN
CkIMINAL LAW
September 21 2008
(1hlrd Sunday AfLernoon)
1hls examlnaLlon covers declslons of Lhe Supreme CourL promulgaLed up Lo 30
!une 2007 and 8epubllc AcLs resldenLlal uecrees and LxecuLlve Crders promulgaLed
up Lo 31 uecember 2006
1 1he 8evlsed enal Code (8ooks l and ll) as amended
LxCLuuL enalLles for speclflc felonles
2 lndeLermlnaLe SenLence Law
3 robaLlon Law
4 AnLlCrafL and CorrupL racLlces AcL (8A no 3019 as amended)
3 AnLllenclng Law (u no 1612)
6 8ounclng Checks Law (8 8lg 22)
7 uangerous urugs AcL of 1972(8A no 6423 as amended)
8 Pelnous Crlmes AcL (8A no 7639 as amended)
9 AnLlMoney Launderlng AcL of 2001 (8A no 9160)
LxCLuuL Clvll lorfelLure 8ules
10 CbsLrucLlon of !usLlce (u 1829)
Crlmlnal Law 8ar CuesLlons 2008

I

a) AfLer due hearlng on a peLlLlon for a wrlL of amparo founded on Lhe acLs of enforced dlsappearance
and exLralegal kllllng of Lhe son of Lhe complalnanL allegedly done by Lhe respondenL mlllLary offlcers
Lhe courL granLed Lhe peLlLlon May Lhe mlllLary offlcers be crlmlnally charged n courL wlLh enforced
dlsappearance and exLralegal kllllng? Lxplaln fully (3)

b) Are human rlghLs vlolaLlons consldered as crlmes ln Lhe hlllpplnes? Lxplaln (3)

II

Whlle Carlos was approachlng hls car he saw lL belng drlven away by aolo a Lhlef Carlos Lrled Lo sLop
aolo by shouLlng aL hlm buL aolo lgnored hlm 1o prevenL hls car from belng carnapped Carlos drew
hls gun almed aL Lhe rear wheel of Lhe car and flred 1he shoL blew Lhe Llre whlch caused Lhe car Lo veer
ouL of conLrol and colllde wlLh an oncomlng Lrlcycle kllllng Lhe Lrlcycle drlver

a) WhaL ls Lhe crlmlnal llablllLy of Carlos lf any? Lxplaln (4)

b) WhaL ls Lhe crlmlnal llablllLy of aolo lf any? Lxplaln (4)

III

Cllmplo caughL a cold and was runnlng a fever Pls docLor prescrlbed paraceLamol Cllmplo wenL Lo a
drug sLore wlLh Lhe prescrlpLlon and Lhe pharmaclsL sold hlm Lhree (3) LableLs upon arrlvlng home he
Look a LableL Cne hour laLer he had a selzure and dled 1he auLopsy showed LhaL Lhe LableL he had
Laken was noL paraceLamol buL a plll Lo whlch he was allerglc 1he pharmaclsL was charged wlLh murder

ls Lhe charge proper? lf noL whaL should lL be? Lxplaln (6)

IV

Manolo revealed Lo hls frlend uomeng hls deslre Lo klll Cece Pe llkewlse conflded Lo uomeng hls deslre
Lo borrow hls revolver uomeng lenL lL Manolo shoL Cece ln Manlla wlLh uomeng's revolver As hls gun
was used ln Lhe kllllng uomeng asked Mayor 1an Lo help hlm escape 1he mayor gave uomeng 3000
and Lold hlm Lo proceed Lo Mlndanao Lo hlde uomeng wenL Lo Mlndanao 1he mayor was laLer charged
as an accessory Lo Cece's murder

a) Can he be held llable for Lhe charge? Lxplaln (4)

b) Can he be held llable for any oLher offense? Lxplaln fully (3)

V

Lman a vagranL found a bag conLalnlng ldenLlflcaLlon cards and a dlamond rlng along 8oxas 8lvd
knowlng LhaL lL was noL hls he wenL Lo Lhe nearesL pollce sLaLlon Lo seek help ln flndlng Lhe owner of
Lhe bag AL Lhe preclncL C1 Melvln aLLended Lo hlm ln Lhe lnvesLlgaLlon Lman proposed Lo C1 Melvln
ln case you don'L flnd Lhe owner leL's [usL pawn Lhe rlng and spllL Lhe proceeds flfLyflfLy (30/30)" C1
Melvln Lhen wenL sLralghL Lo Lhe pawnshop and pawned Lhe rlng for 30000 Lman never saw C1
Melvln agaln

a) WhaL ls Lhe crlmlnal llablllLy of Lman lf any? Lxplaln (3)

b) WhaL ls Lhe crlmlnal llablllLy of C1 Melvln lf any? Lxplaln (3)

VI

PuberL and Lunlce were marrled ln Lhe hlllpplnes PuberL Look graduaLe sLudles ln new ?ork and meL
hls former glrlfrlend Lula 1hey renewed Lhelr frlendshlp and flnally declded Lo geL marrled 1he flrsL
wlfe Lunlce heard abouL Lhe marrlage and secured a copy of Lhe marrlage conLracL ln new ?ork Lunlce
flled a case of blgamy agalnsL PuberL ln Lhe hlllpplnes

a) Wlll Lhe case prosper? Lxplaln (4)

b) lf Lunlce gave her consenL Lo Lhe second marrlage whaL wlll your answer be? Lxplaln (3)

VII

1he lnLerlsland vessel M/v vlva Llnes l whlle crulslng off 8aLanes was forced Lo seek shelLer aL Lhe
harbor of kaoshlung 1alwan because of a sLrong Lyphoon Whlle anchored ln sald harbor Max 8aldo
and 8ogarL arrlved ln a speedboaL flred a bazooka aL Lhe bow of Lhe vessel boarded lL and dlvesLed Lhe
passengers of Lhelr money and [ewelry A passenger of M/v vlva Llnes l uodong Look advanLage of Lhe
confuslon Lo seLLle an old grudge wlLh anoLher passenger and kllled hlm AfLer Lhelr apprehenslon all
four were charged wlLh quallfled plracy before a hlllpplne courL

a) Was Lhe charge of quallfled plracy agalnsL Lhe Lhree persons (Max 8aldo and 8ogarL) who boarded
Lhe lnLerlsland vessel correcL? Lxplaln (4)

b) Was uodong correcLly charged before Lhe hlllpplne courL for quallfled plracy? Lxplaln (3)

VIII

lrancls and !oan were sweeLhearLs buL Lhelr parenLs had ob[ecLed Lo Lhelr relaLlonshlp because Lhey
were flrsL couslns 1hey forged a pacL ln wrlLlng Lo commlL sulclde 1he agreemenL was Lo shooL each
oLher ln Lhe head whlch Lhey dld !oan dled uue Lo medlcal asslsLance lrancls survlved ls lrancls
crlmlnally llable for Lhe deaLh of !oan? Lxplaln (3)




Ik

uennls leased hls aparLmenL Lo Myla for 10000 a monLh Myla falled Lo pay Lhe renL for 3 monLhs
Cabrlel Lhe son of uennls prepared a demand leLLer falsely alleglng LhaL hls faLher had auLhorlzed hlm
Lo collecL Lhe unpald renLals Myla pald Lhe unpald renLals Lo Cabrlel who kepL Lhe paymenL

a) uld Cabrlel commlL a crlme? Lxplaln (4)

b) Can Cabrlel lnvoke hls relaLlonshlp wlLh uennls Lo avold crlmlnal llablllLy? Lxplaln (3)

k

upon openlng a leLLer conLalnlng 17 money orders Lhe mall carrler forged Lhe slgnaLures of Lhe payees
on Lhe money orders and encashed Lhem WhaL crlme or crlmes dld Lhe mall carrler commlL? Lxplaln
brlefly (6)

kI

8lcky was revlewlng for Lhe bar exam when Lhe commander of a vlgllanLe group came Lo hlm and
showed hlm a llsL of flve pollcemen Lo be llquldaLed by Lhem for grafL and corrupLlon Pe was furLher
asked lf any of Lhem ls lnnocenL AfLer golng over Lhe llsL 8lcky polnLed Lo Lwo of Lhe pollcemen as
honesL LaLer Lhe vlgllanLe group llquldaLed Lhe Lhree oLher pollcemen ln Lhe llsL 1he commander of Lhe
vlgllanLe group reporLed Lhe llquldaLlon Lo 8lcky ls 8lcky crlmlnally llable? Lxplaln (7)

kII

8alssa and MarLln are marrled Lo each oLher buL had been separaLed for Lhe lasL flve years 8alssa
declded Lo wed !uan her sulLor who had no lnkllng LhaL she was marrled 8alssa and !uan accompllshed
an appllcaLlon for marrlage llcense whlch Lhey subscrlbed and swore Lo before Lhe Local Clvll 8eglsLrar
8alssa declared ln Lhe appllcaLlon LhaL she ls slngle 1he marrlage llcense was lssued ln due Llme Lhe
couple were marrled by Lhe mayor 8alssa and !uan had Lhelr flrsL sexual lnLercourse laLer ln Lhe
evenlng WhaL crlme or crlmes lf any dld 8alssa commlL? Lxplaln brlefly (7)

kIII

Lucas had been Lhe sLayln houseboy of spouses nesLor and !ulla for flve years Cne nlghL whlle nesLor
and !ulla were ouL havlng dlnner Lucas and hls frlend edro galned enLry lnLo Lhe masLers' bedroom
wlLh Lhe use of a false key 1hey found !ulla's [ewelry box ln one of Lhe cablneLs whlch was unlocked
Lucas belleved LhaL !ulla's [ewelry was lnslde Lhe box unknown Lo Lucas and edro Lhe box was empLy
edro Look Lhe box and lefL Lhe bedroom wlLh Lucas 1hey were shocked when Lhey saw nesLor ln Lhe
sala polnLlng a gun aL Lhem nesLor ordered Lhem Lo sLop and hand over Lhe box edro complled lL
Lurned ouL LhaL nesLor had [usL arrlved ln Llme Lo see Lucas and edro leavlng Lhe masLers' bedroom
wlLh Lhe box SLaLe wlLh reasons Lhe crlme or crlmes lf any Lucas and edro commlLLed (7)

kIV

Lllseo Lhe depuLy sherlff conducLed Lhe execuLlon sale of Lhe properLy of Andres Lo saLlsfy Lhe
[udgmenL agalnsL hlm ln favor of A8C CorporaLlon a governmenLowned or conLrolled corporaLlon wlLh
an orlglnal charLer Powever Lhe represenLaLlve of Lhe corporaLlon falled Lo aLLend Lhe aucLlon sale
Conzalo Lhe wlnnlng bldder purchased Lhe properLy for 100000 whlch he pald Lo Lllseo lnsLead of
remlLLlng Lhe amounL Lo Lhe Clerk of CourL as exofflclo rovlnclal Sherlff Lllseo lenL Lhe amounL Lo
Myrna hls offlcemaLe who promlsed Lo repay Lhe amounL wlLhln Lwo monLhs wlLh lnLeresL Lhereon
Powever Myrna reneged on her promlse uesplLe demands of A8C CorporaLlon Lllseo falled Lo remlL
Lhe sald amounL

a) SLaLe wlLh reasons Lhe crlme or crlmes lf any commlLLed by Lllseo (4)

b) Would your answer Lo Lhe flrsL quesLlon be Lhe same lf A8C CorporaLlon were a prlvaLe corporaLlon?
Lxplaln (3)

kV

8oger Lhe leader of a crlme syndlcaLe ln MalaLe Manlla demanded Lhe paymenL by AnLonlo Lhe owner
of a moLel ln LhaL area of 10000 a monLh as proLecLlon money" WlLh Lhe monLhly paymenLs 8oger
assured Lhe syndlcaLe would provlde proLecLlon Lo AnLonlo hls buslness and hls employees Should
AnLonlo refuse 8oger warned Lhe moLel owner would elLher be kllled or hls esLabllshmenL desLroyed
AnLonlo refused Lo pay Lhe proLecLlon money uays laLer aL around 300 ln Lhe mornlng Mauro a
member of Lhe crlmlnal syndlcaLe arrlved aL AnLonlo's home and hurled a grenade lnLo an open wlndow
of Lhe bedroom where AnLonlo hls wlfe and Lhelr Lhree yearold daughLer were sleeplng All Lhree of
Lhem were kllled lnsLanLly when Lhe grenade exploded SLaLe wlLh reasons Lhe crlme or crlmes LhaL had
been commlLLed as well as Lhe aggravaLlng clrcumsLances lf any aLLendanL LhereLo (7)
8ar Lxams 2009 CuesLlons ln Crlmlnal Law

Ak1 I

I

18uL or lALSL Answer 18uL lf Lhe sLaLemenL ls Lrue or lALSL lf Lhe sLaLemenL ls false Lxplaln your
answer ln noL more Lhan Lwo (2) senLences (3)

Amado convlcLed of rape buL granLed an absoluLe pardon by Lhe resldenL and one year LhereafLer
convlcLed of homlclde ls a recldlvlsL

1he credlLor who resorLs Lo forced labor of a chlld under Lhe preLexL of relmburslng hlmself for Lhe debL
lncurred by Lhe chlld's faLher commlLs Lhe crlme of slavery

1he use of an unllcensed flrearm ln homlclde ls consldered a generlc aggravaLlng clrcumsLance whlch
can be offseL by an ordlnary mlLlgaLlng clrcumsLance

A person who on Lhe occaslon of a robbery kllls a bysLander by accldenL ls llable for Lwo separaLe
crlmes robbery and reckless lmprudence resulLlng ln homlclde

A pollceman who wlLhouL a [udlclal order enLers a prlvaLe house over Lhe owner's opposlLlon ls gullLy
of Lrespass Lo dwelllng


II

AnLero Makabayan was convlcLed of Lhe crlme of 8ebelllon Whlle servlng senLence he escaped from
[all CapLured he was charged wlLh and convlcLed of Lvaslon of Servlce of SenLence 1hereafLer Lhe
resldenL of Lhe hlllpplnes lssued an amnesLy proclamaLlon for Lhe offense of 8ebelllon AnLero applled
for and was granLed Lhe beneflL of Lhe amnesLy proclamaLlon

AnLero Lhen flled a peLlLlon for habeas corpus praylng for hls lmmedlaLe release from conflnemenL Pe
clalms LhaL Lhe amnesLy exLends Lo Lhe offense of Lvaslon of Servlce of SenLence As [udge wlll you
granL Lhe peLlLlon? ulscuss fully (4)

III

8lgoberLo gaLecrashed Lhe 71sL blrLhday parLy of !udge Lorenzo Armed wlLh a plece of wood
commonly known as dos por dos 8lgoberLo hlL !udge Lorenzo on Lhe back causlng Lhe laLLer's
hosplLallzaLlon for 30 days upon lnvesLlgaLlon lL appeared LhaL 8lgoberLo had a grudge agalnsL !udge
Lorenzo who Lwo years earller had clLed 8lgoberLo ln conLempL and ordered hls lmprlsonmenL for
Lhree (3) days

ls 8lgoberLo gullLy of ulrecL AssaulL? Why or why noL? (3)

Would your answer be Lhe same lf Lhe reason for Lhe aLLack was LhaL when !udge Lorenzo was sLlll a
pracLlclng lawyer Len years ago he prosecuLed 8lgoberLo and succeeded ln sendlng hlm Lo [all for one
year? Lxplaln your answer (3)

IV

Charlle haLed hls classmaLe 8rad because Lhe laLLer was asslduously courLlng Llly Charlle's glrlfrlend
Charlle wenL Lo a veLerlnarlan and asked for some polson on Lhe preLexL LhaL lL would be used Lo klll a
very slck old dog AcLually Charlle lnLended Lo use Lhe polson on 8rad

1he veLerlnarlan mlsLakenly gave Charlle a nonLoxlc powder whlch when mlxed wlLh 8rad's food dld
noL klll 8rad

uld Charlle commlL any crlme? lf so whaL and why? lf noL why noL? (3)

Would your answer be Lhe same lf 8rad proved Lo be allerglc Lo Lhe powder and afLer lngesLlng lL wlLh
hls food fell lll and was hosplLallzed for Len (10) days? Lxplaln (3)

V

onclano borrowed 8uben's gun saylng LhaL he would use lL Lo klll lreddle 8ecause 8uben also
resenLed lreddle he readlly lenL hls gun buL Lold onclano C pagkabarll mo kay lreddle lsaull mo
kaagad ha" LaLer onclano kllled lreddle buL used a knlfe because he dld noL wanL lreddle's
nelghbors Lo hear Lhe gunshoL

WhaL lf any ls Lhe llablllLy of 8uben? Lxplaln (3)
Would your answer be Lhe same lf lnsLead of lreddle lL was Manuel a relaLlve of 8uben who was
kllled by onclano uslng 8uben's gun? Lxplaln (3)

VI

8aldo kllled Conrad ln a dark corner aL mldnlghL on !anuary 2 1960 uomlnador wlLnessed Lhe enLlre
lncldenL buL he was so scared Lo Lell Lhe auLhorlLles abouL lL

Cn !anuary 2 1970 uomlnador boLhered by hls consclence reporLed Lhe maLLer Lo Lhe pollce AfLer
lnvesLlgaLlon Lhe pollce flnally arresLed 8aldo on !anuary 6 1980 Charged ln courL 8aldo clalms LhaL
Lhe crlme he commlLLed had already prescrlbed

ls 8aldo's conLenLlon correcL? Lxplaln (3)

VII

Charlna Clerk of CourL of an 81C 8ranch promlsed Lhe plalnLlff ln a case pendlng before Lhe courL LhaL
she would convlnce Lhe resldlng !udge Lo declde Lhe case ln plalnLlff's favor ln conslderaLlon Lherefor
Lhe plalnLlff gave Charlna 2000000

Charlna was charged wlLh vlolaLlon of SecLlon 3 (b) of 8epubllc AcL no 3019 prohlblLlng any publlc
offlcer from dlrecLly or lndlrecLly requesLlng or recelvlng any glfL presenL percenLage or beneflL ln
connecLlon wlLh any conLracL or LransacLlon x x x whereln Lhe publlc offlcer ln hls offlclal capaclLy has
Lo lnLervene under Lhe law

Whlle Lhe case was belng Lrled Lhe Cmbudsman flled anoLher lnformaLlon agalnsL Charlna for lndlrecL
8rlbery under Lhe 8evlsed enal Code Charlna demurred Lo Lhe second lnformaLlon clalmlng LhaL she
can no longer be charged under Lhe 8evlsed enal Code havlng been charged for Lhe same acL under
8A 3019

ls Charlna correcL? Lxplaln (3)

VIII

Whlle Alfredo 8raullo Clrlaco and uomlngo were robblng a bank pollcemen arrlved A flreflghL ensued
beLween Lhe bank robbers and Lhe respondlng pollcemen and one of Lhe pollcemen was kllled

WhaL crlme or crlmes lf any had been commlLLed? Lxplaln (3)
Suppose lL was Alfredo who was kllled by Lhe respondlng pollcemen whaL charges can be flled agalnsL
8raullo Clrlaco and uomlngo? Lxplaln (2)
Suppose ln Lhe course of Lhe robbery before Lhe pollcemen arrlved 8raullo shoL and kllled Alfredo
followlng a heaLed dlsagreemenL on who should carry Lhe money bags whaL would be Lhe crlmlnal
llablllLy of 8raullo Clrlaco and uomlngo? Lxplaln (2)

Ik

vlrglllo armed wlLh a gun sLopped a van along a ma[or Lhoroughfare ln Manlla polnLed Lhe gun aL Lhe
drlver and shouLed 1lgll! kldnap lLo!"

1errlfled Lhe drlver !uanlLo sLopped Lhe van and allowed vlrglllo Lo board lnslde Lhe van were
!eremlas a 6yearold chlld son of a mulLlmllllonalre and uaday Lhe chlld's nanny vlrglllo Lold !uanlLo
Lo drlve Lo a deserLed place and Lhere ordered Lhe drlver Lo allghL 8efore !uanlLo was allowed Lo go
vlrglllo lnsLrucLed hlm Lo Lell !eremlas' parenLs LhaL unless Lhey glve a ransom of 10mllllon wlLhln Lwo
(2) days !eremlas would be beheaded uaday was Lold Lo remaln ln Lhe van and Lake care of !eremlas
unLll Lhe ransom ls pald vlrglllo Lhen drove Lhe van Lo hls safehouse

WhaL crlme or crlmes lf any dld vlrglllo commlL? Lxplaln (3)

k

1o secure Lhe release of hls broLher Wllly a deLenLlon prlsoner and hls cousln vlncenL who ls servlng
senLence for homlclde ChlLo asked Lhe 81C 8ranch Clerk of CourL Lo lssue an Crder whlch would allow
Lhe Lwo prlsoners Lo be broughL ouL of [all AL flrsL Lhe Clerk refused buL when ChlLo gave her
3000000 she consenLed

She Lhen prepared an Crder requlrlng Lhe appearance ln courL of Wllly and vlncenL osLenslbly as
wlLnesses ln a pendlng case She forged Lhe [udge's slgnaLure and dellvered Lhe Crder Lo Lhe [all warden
who ln Lurn allowed Wllly and vlncenL Lo go ouL of [all ln Lhe company of an armed escorL Ldwln ChlLo
also gave Ldwln 3000000 Lo leave Lhe Lwo lnmaLes unguarded for Lhree mlnuLes and provlde Lhem
wlLh an opporLunlLy Lo escape 1hus Wllly and vlncenL were able Lo escape

WhaL crlme or crlmes lf any had been commlLLed by ChlLo Wllly vlncenL Lhe 8ranch Clerk of CourL
Ldwln and Lhe [all warden? Lxplaln your answer (3)

Ak1 II

kI

18uL or lALSL Answer 18uL lf Lhe sLaLemenL ls Lrue or lALSL lf Lhe sLaLemenL ls false Lxplaln your
answer ln noL more Lhan Lwo (2) senLences (3)

Llfe lmprlsonmenL ls a penalLy more favorable Lo Lhe convlcL Lhan recluslon perpeLua

volunLary surrender ls a mlLlgaLlng clrcumsLance ln all acLs and omlsslons punlshable under Lhe 8evlsed
enal Code

ln a prosecuLlon for fenclng under u 1612 lL ls a compleLe defense for Lhe accused Lo prove LhaL he
had no knowledge LhaL Lhe goods or arLlcles found ln hls possesslon had been Lhe sub[ecL of robbery
ln Lhe crlme of llbel LruLh ls an absoluLe defense

lor a person who LransacLs an lnsLrumenL represenLlng Lhe proceeds of a covered unlawful acLlvlLy Lo be
llable under Lhe AnLlMoney Launderlng AcL (8A 9160 as amended) lL musL be shown LhaL he has
knowledge of Lhe ldenLlLles of Lhe culprlLs lnvolved ln Lhe commlsslon of Lhe predlcaLe crlmes



kII

ln a convlcLlon for homlclde Lhe Lrlal courL appreclaLed Lwo (2) mlLlgaLlng clrcumsLances and one (1)
aggravaLlng clrcumsLance Pomlclde under ArLlcle 249 of Lhe 8evlsed enal Code ls punlshable by
recluslon Lemporal an lmprlsonmenL Lerm of Lwelve (12) years and one (1) day Lo LwenLy (20) years

Applylng Lhe lndeLermlnaLe SenLence Law deLermlne Lhe approprlaLe penalLy Lo be lmposed Lxplaln
(3)

Wlll your answer be Lhe same lf lL ls a convlcLlon for lllegal possesslon of drugs under 8A 9163
(uangerous urugs AcL of 2002) Lhe prescrlbed penalLy of whlch ls also lmprlsonmenL for a Lerm of
Lwelve (12) years and one (1) day Lo LwenLy (20) years? Why or why noL? (3)

kIII

Angelo devlsed a onzl Scheme ln whlch 300 persons were decelved lnLo lnvesLlng Lhelr money upon a
promlse of a caplLal reLurn of 23 compuLed monLhly and guaranLeed by posLdaLed checks uurlng
Lhe flrsL Lwo monLhs followlng Lhe lnvesLmenL Lhe lnvesLors recelved Lhelr proflLs buL LhereafLer
Angelo vanlshed

Angelo was charged wlLh 300 counLs of esLafa and 2000 counLs of vlolaLlon of 8aLas ambansa (8) 22
ln hls moLlon Lo quash Angelo conLends LhaL he commlLLed a conLlnued crlme or dellLo conLlnuado
hence he commlLLed only one counL of esLafa and one counL of vlolaLlon of 8 22

WhaL ls dellLo conLlnuado? (1)

ls Angelo's conLenLlon Lenable? Lxplaln (4)

kIV

lollowlng hls arresL afLer a valld buybusL operaLlon 1ommy was convlcLed of vlolaLlon of SecLlon 3
8epubllc AcL 9163 Cn appeal 1ommy quesLloned Lhe admlsslblllLy of Lhe evldence because Lhe pollce
offlcers who conducLed Lhe buybusL operaLlon falled Lo observe Lhe requlslLe chaln of cusLody" of Lhe
evldence conflscaLed and/or selzed from hlm

WhaL ls Lhe chaln of cusLody" requlremenL ln drug offenses? WhaL ls lLs raLlonale? WhaL ls Lhe effecL of
fallure Lo observe Lhe requlremenL? (3)

kV

!oe was 17 years old when he commlLLed homlclde ln 2003 1he crlme ls punlshable by recluslon
Lemporal AfLer Lwo years ln hldlng he was arresLed and approprlaLely charged ln May 2007 Slnce
8epubllc AcL 9344 (!uvenlle !usLlce and Welfare AcL of 2006) was already ln effecL !oe moved Lo avall of
Lhe process of lnLervenLlon or dlverslon

WhaL ls lnLervenLlon or dlverslon? ls !oe enLlLled Lo lnLervenLlon or dlverslon? Lxplaln (3)

Suppose !oe's moLlon for lnLervenLlon or dlverslon was denled and he was convlcLed Lwo (2) years laLer
when !oe was already 21 years old should Lhe [udge apply Lhe suspenslon of senLence? Lxplaln (2)

Suppose !oe was convlcLed of aLLempLed murder wlLh a speclal aggravaLlng clrcumsLance and was
denled suspenslon of senLence would he be ellglble for probaLlon under resldenLlal uecree (u) 968
conslderlng LhaL Lhe deaLh penalLy ls lmposable for Lhe consummaLed felony? Lxplaln (2)

kVI

8oger and !essle Munlclpal Mayor and 1reasurer respecLlvely of San 8afael LeyLe caused Lhe
dlsbursemenL of publlc funds allocaLed for Lhelr local developmenL programs for 2008 8ecords show
LhaL Lhe amounL of 2mllllon was purporLedly used as flnanclal asslsLance for a rlce producLlon
llvellhood pro[ecL upon lnvesLlgaLlon however lL was found LhaL 8oger and !essle falslfled Lhe
dlsbursemenL vouchers and supporLlng documenLs ln order Lo make lL appear LhaL quallfled reclplenLs
who ln facL are nonexlsLenL lndlvlduals recelved Lhe money

8oger and !essle are charged wlLh malversaLlon Lhrough falslflcaLlon and vlolaLlon of SecLlon 3 (e) of 8A
3019 for causlng undue ln[ury Lo Lhe governmenL ulscuss Lhe proprleLy of Lhe charges flled agalnsL
8oger and !essle Lxplaln (4)

kVII

Wenceslao and LoreLLa were sLaylng ln Lhe same boardlng house occupylng dlfferenL rooms Cne laLe
evenlng when everyone ln Lhe house was asleep Wenceslao enLered LoreLLa's room wlLh Lhe use of a
plcklock 1hen wlLh force and vlolence Wenceslao ravlshed LoreLLa AfLer he had saLlsfled hls lusL
Wenceslao sLabbed LoreLLa Lo deaLh and before leavlng Lhe room Look her [ewelry

WhaL crlme or crlmes lf any dld Wenceslao commlL? Lxplaln (4)

ulscuss Lhe appllcablllLy of Lhe relevanL aggravaLlng clrcumsLances of dwelllng nocLurnlLy and Lhe use of
Lhe plcklock Lo enLer Lhe room of Lhe vlcLlm (3)

Would your answer Lo a be Lhe same lf desplLe Lhe serlous sLab wounds she susLalned LoreLLa
survlved? Lxplaln (3)

kVIII

AL Lhe Mallgaya ulsco Club Leonclo and Lvelyn were lnLlmaLely danclng a very seducLlve dance number
Whlle gyraLlng wlLh Lhelr bodles Leonclo dlpped hls prlvaLe parLs ln Lvelyn's buLLocks lncensed Lvelyn
proLesLed buL Leonclo conLlnued and LlghLly embraced her

WhaL crlme or crlmes lf any dld Leonclo commlL? Lxplaln (3)

Would your answer be Lhe same lf even afLer Lhe muslc had sLopped Leonclo conLlnued Lo dance dlrLy
rubblng hls prlvaLe parLs on Lvelyn's buLLocks? Lxplaln (3)




kIk

uelmo learned LhaL hls enemy Cscar was conflned aL Lhe lnLenslve Care unlL (lCu) of Lhe hlllpplne
Medlcal CenLer lnLendlng Lo klll Cscar uelmo dlsgulsed hlmself as a nurse enLered Lhe lCu and saw a
man lylng on Lhe hosplLal bed wlLh several llfesavlng Lubes aLLached Lo Lhe body uelmo dlsconnecLed
Lhe Lubes and lefL LaLer Lhe resldenL physlclan dolng hls rounds enLered Lhe lCu and seelng Lhe
dlsconnecLed Lubes replaced Lhem 1he paLlenL survlved lL Lurned ouL LhaL Lhe paLlenL was Larry as
Cscar had been dlscharged from Lhe hosplLal earller

uelmo was charged wlLh frusLraLed murder quallfled by evldenL premedlLaLlon and Lreachery as
aggravaLlng clrcumsLances ulscuss Lhe proprleLy of Lhe charge (4)

nC1PlnC lCLLCWS

2010 8ar Lxams Cr|m|na| Law uest|ons

Ak1 I

I

An agonlzlng and proLracLed Lrlal havlng come Lo a close Lhe [udge found A gullLy beyond reasonable
doubL of homlclde and lmposed on hlm a sLralghL penalLy of Slx (6) ?LA8S and CnL (1) uA? of prlslon
mayor 1he publlc prosecuLor ob[ecLed Lo Lhe senLence on Lhe ground LhaL Lhe proper penalLy should
have been 1WLLvL (12) ?LA8S and CnL (1) uA? of recluslon Lemporal 1he defense counsel chlmed ln
conLendlng LhaL appllcaLlon of Lhe lndeLermlnaLe SenLence Law should lead Lo Lhe lmposlLlon of a
sLralghL penalLy of Slx (6) MCn1PS and CnL (1) uA? of prlslon correcclonal only Who of Lhe Lhree ls on
Lhe rlghL Lrack? Lxplaln (3)

II

WhaL ls Lhe crlme of quallfled brlbery? (2)

May a [udge be charged and prosecuLed for such felony? Pow abouL a publlc prosecuLor? A pollce
offlcer? Lxplaln (3)
III

May a publlc offlcer charged under SecLlon 3(b) of 8epubllc AcL no 3019 dlrecLly or lndlrecLly
requesLlng or recelvlng any glfL presenL share percenLage or beneflL for hlmself or for any oLher
person ln connecLlon wlLh any conLracL or LransacLlon beLween Lhe governmenL and any oLher parLy
whereln Lhe publlc offlcer ln hls offlclal capaclLy has Lo lnLervene under Lhe law also be slmulLaneously
or successlvely charged wlLh dlrecL brlbery under ArLlcle 210 of Lhe 8evlsed enal Code? Lxplaln (4)

IV

8ecause of Lhe barbarlLy and hldeousness of Lhe acLs commlLLed by Lhe suspecLs/respondenLs ln cuLLlng
off Lhelr vlcLlms' appendages sLufflng Lhelr Lorsos legs body parLs lnLo oll drums and bulleLrlddled
vehlcles and laLer on burylng Lhese oll drums vehlcles wlLh Lhe use of backhoes and oLher earLhmovlng
machlnery Lhe Commlsslon on Puman 8lghLs (CP8) lnvesLlgaLlng Leam recommended Lo Lhe panel of
publlc prosecuLors LhaL all respondenLs be charged wlLh vlolaLlon of Lhe Pelnous Crlmes Law" 1he
prosecuLlon panel agreed wlLh Lhe CP8 As Lhe Chlef rosecuLor Lasked wlLh approvlng Lhe flllng of Lhe
lnformaLlon how wlll you pass upon Lhe recommendaLlon? Lxplaln (3)

V

Arlene ls engaged ln Lhe buy and sell of used garmenLs more popularly known as ukayukay" Among
Lhe lLems found by Lhe pollce ln a rald of her sLore ln 8agulo ClLy were brandnew Loule leraud blazers
Arlene was charged wlLh fenclng" Wlll Lhe charge prosper? Why or why noL? (3)

VI

1here belng probable cause Lo belleve LhaL cerLaln deposlLs and lnvesLmenLs ln a bank are relaLed Lo an
unlawful acLlvlLy of smuggllng by Alessandro as deflned under 8epubllc AcL (8A) no 9160 as amended
(AnLlMoney Launderlng AcL) an appllcaLlon for an order Lo allow lnqulry lnLo hls deposlL was flled wlLh
Lhe 8eglonal 1rlal CourL AfLer hearlng Lhe appllcaLlon Lhe courL granLed Lhe appllcaLlon and lssued a
freeze order

ass upon Lhe correcLness of Lhe courL's order Lxplaln (3)

VII

A wldower of Len years sepLuagenarlan CanuLo felL LhaL he had llcense Lo engage ln voyeurlsm lf noL
peeplng lnLo hls nelghbors' rooms Lhrough hls powerful slnglecyllnder Lelescope he would Lrall young
shapely damsels along Lhe hallways of shopplng malls Whlle golng up Lhe escalaLor he sLayed a sLep
behlnd a mlnlsklrLed one and ln a momenL of exclLemenL puL hls hand on her lefL hlp and massaged lL
1he damsel screamed and hollered for help CanuLo was apprehended and broughL up on lnquesL WhaL
charge/s lf any may he be held responslble for? Lxplaln (3)

VIII

A asked flnanclal supporL from her showblz frlend 8 who accommodaLed her by lssulng ln her favor a
posLdaLed check ln Lhe sum of 9000000 8oLh of Lhem knew LhaL Lhe check would noL be honored
because 8's accounL had [usL been closed 1he Lwo Lhen approached Lrader C whom Lhey asked Lo
change Lhe check wlLh cash even agreelng LhaL Lhe exchange be dlscounLed aL 8300000 wlLh Lhe
assurance LhaL Lhe check shall be funded upon maLurlLy upon C's presenLmenL of Lhe check for
paymenL on due daLe lL was dlshonored because Lhe accounL had already been closed

WhaL acLlon/s may C commence agalnsL A and 8 Lo hold Lhem Lo accounL for Lhe loss of her 8300000?
Lxplaln (3)

Ik

roserflna an asslsLanL publlc hlgh school prlnclpal acLed Lo faclllLaLe Lhe release of salary dlfferenLlals
and elecLlon duLy per dlem of classroom Leachers wlLh Lhe agreemenL LhaL Lhey would relmburse her for
her expenses

uld roserflna commlL a crlme? Lxplaln (3)

k

A 8 and C are members of SlC lraLernlLy Whlle eaLlng ln a seaslde resLauranL Lhey were aLLacked by x
? and Z members of a rlval fraLernlLy A rumble ensued ln whlch Lhe abovenamed members of Lhe Lwo
fraLernlLles assaulLed each oLher ln a confused and LumulLuous manner resulLlng ln Lhe deaLh of A As lL
cannoL be ascerLalned who acLually kllled A Lhe members of Lhe Lwo fraLernlLles who Look parL ln Lhe
rumble were charged for deaLh caused ln a LumulLuous affray Wlll Lhe charge prosper? Lxplaln (4)

kI

Angellna malnLalns a webslLe where vlslLors can glve Lhelr commenLs on Lhe posLed plcLures of Lhe
goods she sells ln her excluslve bouLlque 8eLLlna posLed a commenL LhaL Lhe red 8lrkln bag shown ln
Angellna's webslLe ls fake and LhaL Angellna ls known Lo sell counLerfelL lLems

Angellna wanLs Lo flle a case agalnsL 8eLLlna She seeks your advlce WhaL advlce wlll you glve her? (4)

Ak1 II

kII

ueflne Money Launderlng WhaL are Lhe Lhree (3) sLages ln money launderlng? (3)
WhaL ls Lhe docLrlne of pro reo? Pow does lL relaLe Lo ArLlcle 48 of Lhe 8evlsed enal Code? (3)
xlll

Whlle hls wlfe was on a 2year scholarshlp abroad 8omeo was havlng an affalr wlLh hls mald uulclnea
8eallzlng LhaL Lhe affalr was golng nowhere uulclnea Lold 8omeo LhaL she was golng back Lo Lhe
provlnce Lo marry her chlldhood sweeLhearL Clouded by anger and [ealousy 8omeo sLrangled uulclnea
Lo deaLh whlle she was sleeplng ln Lhe mald's quarLers

1he followlng day 8omeo was found caLaLonlc lnslde Lhe mald's quarLers Pe was broughL Lo Lhe
naLlonal CenLer for MenLal PealLh (nCMP) where he was dlagnosed Lo be menLally unsLable

Charged wlLh murder 8omeo pleaded lnsanlLy as a defense

Wlll 8omeo's defense prosper? Lxplaln (2)

WhaL ls Lhe effecL of Lhe dlagnosls of Lhe nCMP on Lhe case? (2)

kIV

aul llves wlLh hls longLlme glrlfrlend !oan ln a ondomlnlum ln MakaLl lor more Lhan a year he has
been secreLly savlng money ln an envelope under Lhelr bed Lo buy her an engagemenL rlng Cne day
whlle !oan was cleanlng Lhelr room she found Lhe envelope Look Lhe money and lefL aul As
prosecuLor whaL crlme lf any would you charge !oan? Lxplaln (3)



kV

SuspecLlng LhaL her husband of LwenLy years was havlng an affalr Lellanle hlred a prlvaLe lnvesLlgaLor Lo
spy on hlm AfLer Lwo weeks Lhe prlvaLe lnvesLlgaLor showed Lellanle a vldeo of her husband havlng
sexual lnLercourse wlLh anoLher woman ln a room of a flvesLar hoLel 8ased on whaL she saw on Lhe
vldeo Lellanle accused her husband of concublnage

Wlll Lhe case of concublnage prosper? Lxplaln (3)

kVI

1he presldenL Lreasurer and secreLary of A8C CorporaLlon were charged wlLh syndlcaLed esLafa under
Lhe followlng lnformaLlon

1haL on or abouL Lhe 1sL week of !anuary 2010 or subsequenL LhereLo ln Cebu ClLy and wlLhln Lhe
[urlsdlcLlon of Lhls Ponorable CourL Lhe abovenamed accused consplrlng and confederaLlng LogeLher
and all of Lhem muLually helplng and aldlng one anoLher ln a syndlcaLed manner Lhrough a corporaLlon
reglsLered wlLh Lhe SecurlLles and Lxchange Commlsslon (SLC) wlLh lnLenLlon of carrylng ouL Lhe
unlawful or lllegal acL LransacLlon enLerprlse or scheme wlLh lnLenL Lo galn and by means of fraud and
decelL dld Lhen and Lhere wllfully unlawfully and felonlously defraud vlrna Lana ueborah and several
oLher persons by falsely or fraudulenLly preLendlng or represenLlng ln a LransacLlon or serles of
LransacLlons whlch Lhey made wlLh complalnanLs and Lhe publlc ln general Lo Lhe effecL LhaL Lhey were
ln a leglLlmaLe buslness of forelgn exchange Lradlng successlvely or slmulLaneously operaLlng under Lhe
name and sLyle of A8C CorporaLlon and uLl ManagemenL hlllpplnes lncorporaLed lnduced and
succeeded ln lnduclng complalnanLs and several oLher persons Lo glve and dellver Lo sald accused Lhe
amounL of aL leasL 2000000000 on Lhe sLrengLh of sald manlfesLaLlons and represenLaLlons Lhe
accused knowlng fully well LhaL Lhe abovenamed corporaLlons reglsLered wlLh Lhe SLC are noL llcensed
nor auLhorlzed Lo engage ln forelgn exchange Lradlng and LhaL such manlfesLaLlons and represenLaLlons
Lo LransacL ln forelgn exchange were false and fraudulenL LhaL Lhese resulLed Lo Lhe damage and
pre[udlce of Lhe complalnanLs and oLher persons and LhaL Lhe defraudaLlon perLalns Lo funds sollclLed
from Lhe publlc ln general by such corporaLlons/assoclaLlons

Wlll Lhe case for syndlcaLed esLafa prosper? Lxplaln (3)

kVII

A kllled hls wlfe and burled her ln Lhelr backyard Pe lmmedlaLely wenL lnLo hldlng ln Lhe mounLalns
1hree years laLer Lhe bones of A's wlfe were dlscovered by x Lhe gardener Slnce x had a sLandlng
warranL of arresL he hld Lhe bones ln an old clay [ar and kepL quleL abouL lL AfLer Lwo years Z Lhe
careLaker found Lhe bones and reporLed Lhe maLLer Lo Lhe pollce

AfLer 13 years of hldlng A lefL Lhe counLry buL reLurned Lhree years laLer Lo Lake care of hls alllng slbllng
Slx years LhereafLer he was charged wlLh parrlclde buL ralsed Lhe defense of prescrlpLlon

under Lhe 8evlsed enal Code when does Lhe perlod of prescrlpLlon of a crlme commence Lo run? (1)
When ls lL lnLerrupLed? (1)

ls A's defense Lenable? Lxplaln (3)
kVIII

Cn her way home Lva Marle saw an ln[ured chow chow puppy behlnd a bush Slnce Lhe puppy dld noL
have a collar she broughL lL home so she could have lL as a peL Per son ln facL begged Lva Marle Lo
keep Lhe puppy 1he followlng day Lva Marle boughL a collar for Lhe puppy and broughL lL Lo a
veLerlnarlan for LreaLmenL

uld Lva Marle lncur crlmlnal llablllLy ln brlnglng Lhe puppy home as a peL? Lxplaln (2)

uld she lncur clvll llablllLy? Lxplaln (2)

kIk

!ack and !lll have been marrled for seven years Cne nlghL !ack came home drunk llndlng no food on
Lhe Lable !ack sLarLed hlLLlng !lll only Lo apologlze Lhe followlng day A week laLer Lhe same eplsode
occurred !ack came home drunk and sLarLed hlLLlng !lll learlng for her llfe !lll lefL and sLayed wlLh her
slsLer 1o woo !lll back !ack senL her floral arrangemenLs of spoLLed lllles and confecLlonerles 1wo days
laLer !lll reLurned home and declded Lo glve !ack anoLher chance AfLer several days however !ack
agaln came home drunk 1he followlng day he was found dead

!lll was charged wlLh parrlclde buL ralsed Lhe defense of baLLered woman syndrome"

ueflne 8aLLered Woman Syndrome" (2)

WhaL are Lhe Lhree phases of Lhe 8aLLered Woman Syndrome"? (3 )

Would Lhe defense prosper desplLe Lhe absence of any of Lhe elemenLs for [usLlfylng clrcumsLances of
selfdefense under Lhe 8evlsed enal Code? Lxplaln (2)

kk

MaLL was found gullLy of drug Lrafflcklng whlle hls younger broLher !eff was found gullLy of possesslon of
equlpmenL lnsLrumenL apparaLus and oLher paraphernalla for dangerous drugs under SecLlon 12 of
8epubllc AcL no 9163 MaLL flled a peLlLlon for probaLlon !eff appealed hls convlcLlon durlng Lhe
pendency of whlch he also flled a peLlLlon for probaLlon 1he broLhers' counsel argued LhaL Lhey belng
flrsL Llme offenders Lhelr peLlLlons for probaLlon should be granLed Pow would you resolve Lhe
broLhers' peLlLlons for probaLlon? Lxplaln (3)

kkI

8ecause peace negoLlaLlons on Lhe SpraLlys slLuaLlon had falled Lhe eople's 8epubllc of Chlna declared
war agalnsL Lhe hlllpplnes Myra a llllplna who llves wlLh her lLallan expaLrlaLe boyfrlend dlscovered e
mall correspondence beLween hlm and a cerLaln Ceneral 1ung kaL Su of Chlna Cn March 12 2010
Myra dlscovered LhaL on even daLe her boyfrlend had senL an emall Lo Ceneral 1ung kaL Su ln whlch he
agreed Lo provlde vlLal lnformaLlon on Lhe mlllLary defense of Lhe hlllpplnes Lo Lhe Chlnese governmenL
ln exchange for 1 mllllon and hls safe reLurn Lo lLaly 1wo weeks laLer Myra declded Lo reporL Lhe
maLLer Lo Lhe proper auLhorlLles

uld Myra commlL a crlme? Lxplaln (3)

kkII

lmmedlaLely afLer murderlng 8ob !ake wenL Lo hls moLher Lo seek refuge Pls moLher Lold hlm Lo hlde
ln Lhe mald's quarLers unLll she flnds a beLLer place for hlm Lo hlde AfLer Lwo days !ake Lransferred Lo
hls aunL's house A week laLer !ake was apprehended by Lhe pollce Can !ake's moLher and aunL be
made crlmlnally llable as accessorles Lo Lhe crlme of murder? Lxplaln (3 )

kkIII

ChrlsLopher !ohn 8lchard and Luke are fraLernlLy broLhers 1o proLecL Lhemselves from rlval
fraLernlLles Lhey all carry guns wherever Lhey go Cne nlghL afLer aLLendlng a parLy Lhey boarded a
Laxlcab held Lhe drlver aL gunpolnL and Look Lhe laLLer's earnlngs

WhaL crlme lf any dld Lhe four commlL? LnumeraLe Lhe elemenLs of Lhe crlme (2)

Would your answer be Lhe same lf Lhey kllled Lhe drlver? Lxplaln (2)

nC1PlnC lCLLCWS