Criminal Law Bar Examination Q & A (1994-2006)

1 of 86

ANSWERS TO BAR EXAMINATION QUESTIONS IN

R.A. Art Rape; Theft; 148; No. Qualified Consented Direct 9160 Anti-Money Assault; Theft Abduction (2002) Teachers Laundering (2002) ............................................................................................................................................73 & Professors ..................................................................................................................................59 Act (2005) (2002) ..............................................................................................................84 .......................................................................................................45 be granted. The Philippine court has Penalties: Pecuniary Penalties vs. should Pecuniary Liabilities (2005) MITIGATING CIRCUMSTANCES ................................................................................................22 Ra 3019; Preventive Suspension (1999) ...........................................................................................................................84 ............................................................................................33 Art Rape; Theft; 148; Qualified Effect; Persons Affidavit Theft in Authority/Agents (2006) of Desistance ............................................................................................................................................73 of (1993) Persons .......................................................................................................................59 in Authority (2000) .....................................................................................45 Penalties; Complex Crime of Estafa (1997) no jurisdiction over the crime committed General Principles; Schools of thought in Criminal Law GENERAL ...............................................................................................................10 .......................................................................................................................33 Art Rape; Theft; RA 156; 3019; Stages Male Delivery Preventive Victim of PRINCIPLES Execution of(2002) Prisoners Suspension ................................................................................................................................................59 (1998) from(2000) ....................................................................................................................................73 Jail (2002) ...........................................................................................................................84 ...................................................................................................................45 Penalties; Factors Consider (1991) since it was committed onto the high seas or Mitigating; Non-Intoxication (2000) ...................................................................................................................................22 (1996) RA 3019; Public Officer (2003) .........................................................................................................................................85 ...............................................................................................................................33 Art Rape; Theft; 157; Stages Multiple Evasion of Rapes; Execution of Service Forcible (2000) of Sentence Abduction ....................................................................................................................................74 (1998) (2000) .................................................................................................................46 ...............................................................................................................59 Penalties; Homicide w/ Modifying outside of Philippine territory and on board Mitigating; Plea of Guilty (1999) ........................................................................................................................................22 1} What are the different schools of Law thought General Principles; Schools of thought in Criminal (1996) ............................................................................................10 a Circumstance Art. Rape; Usurpation Ra 6713; 134; Proper Rebellion Coverage of Real Party (1995) Rights vs. (2001) (1993) Coup (1996) ...............................................................................................................................................59 ..............................................................................................................................................85 ......................................................................................................34 d'etat ......................................................................................................................................74 (2004) ........................................................................................................................46 Penalties; in Mitigating vessel not registered or licensed the Mitigating; Plea of Guilty; Requisites (1999) .......................................................................................................................22 or theories in Criminal and describe General Principles; TerritorialityLaw (1994) .............................................................................................................................10 RA 7438-Economic Sabotage; Illegal Recruitment (2004) ...................................................................................................85 Circumstances Complex Rape; Statutory Crime; w/out Rape; Direct Aggravating Mental Assault Retardate with Circumstance murder Victim (2000) (1996) (1997) ............................................................................................................46 .......................................................................................................60 .......................................................................34 Penalties; Parricide Philippines (US vs. Fowler, 1 Phil 614) Mitigating; Plea of Guilty; Voluntary Surrender (1997) .........................................................................................................22 each 2) To what theory does our (2000) .........................................................................................10 Generalbriefly. Principles; Territoriality; Jurisdiction over Vessel CRIMES AGAINST CHASTITY ....................................................................................................74 It is the This registration vessel in This work is not intended for sale or commerce. work of is the freeware. It may w/ RA Mitigating Voluntary Child Exploitation Circumstance (2006) (1997) .................................................................................................................................86 .......................................................................................................34 Penalties; SUGGESTED ANSWER: Mitigating; Surrender (1996) ..............................................................................................................................23 Revised Penal Code belong? Use7610 of Aliases; When Allowed (2006) ...............................................................................................................................10 CRIMES AGAINST PUBLIC PERSONAL INTEREST LIBERTY ....................................................................................47 AND SECURITY ................................................60 accordance with the laws of the Philippines, Preventive Imprisonment (1994) .......................................................................................................................34 Penalties; 1 There are two schools of thought in Criminal Acts of Lasciviousness vs. Unjust Vexation (1994) .............................................................................................................74 Mitigating; Voluntary Surrender; Elements (1999) ..............................................................................................................23 not the citizenship of her be copied and distributed. It is primarily intended for all owner, those which who Reclusion Perpetua (RA) No. 7959 (2005) .........................................................................................................35 Penalties; Law, and these are (a) the CLASSICAL THEORY, FELONIES ........................................................................................................................................10 Falsefreely Arbitrary Adultery Notes; Detention; (2002) Illegal ...............................................................................................................................................................74 Possession Elements; Grounds (1999) .............................................................................................................................47 (2006) ..................................................................................................................60 makes it a Philippine ship. The vessel being AGGRAVATING CIRCUMSTANCES .........................................................................................23 Reclusion Perpetua vs. Life Imprisonment (1994) ...............................................................................................35 Penalties; which simply means that the basis of criminal False Testimony Grave Concubinage Coercion (1994) (1998) (1994) .......................................................................................................................................................74 ....................................................................................................................................................60 ...................................................................................................................................................47 Conspiracy (1997) ..........................................................................................................................................................10 registered in Panama, the laws of Panama Reclusion Perpetua vs. Life Imprisonment (2001) ...............................................................................................35 Probation desire to have a deeper understanding of the issues touched by the Philippine liabilities is human free will, and the purpose of the Falsification; Grave Concubinage Coercion Presumption (2002) vs. Maltreatment .......................................................................................................................................................75 of (1996) Falsification of...................................................................................................................................23 Prisoner (1999) (1999) ................................................................................................................47 ..........................................................................................................61 Aggravating Circumstances Conspiracy; Avoidance of Greater Evilmust (2004)....................................................................................................................11 Law: Proper Period (2005) ................................................................................................................................35 penalty is retribution which be proportional to govern while it is in the high seas. Probation Forgery Illegal Unjust Detention Vexation & Falsification vs. vs. Act Grave (1999) of Lasciviousness Coercion ..........................................................................................................................................47 (1999) (2006) .......................................................................................................................61 ...............................................................................................................75 Aggravating Circumstances; Generis vs. Qualifying (1999) .................................................................................................24 Use of Aliases; When Allowed (2006) Conspiracy; Co-Conspirator (1998) ..................................................................................................................................11 Law; gravity Barred by (1996) Appeal (1994) ...........................................................................................................................35 Probation the of the offense; and (b) the POSITIVIST Bar Examinations and its trend. It is specially intended for law students from Grave Kidnapping Scandal (2002) ..........................................................................................................................................................61 .....................................................................................................................................................48 Aggravating Circumstances; Kinds & Penalties (1999) ........................................................................................................24 When........................................................75 can a Filipino citizen residing in this Conspiracy; Common Felonious Purpose (1994) ...............................................................................................................11 CRIMES AGAINST THE CIVIL STATUS OF PERSONS Law; Barred by ................................................................................................................................................................48 Appeal (2001)...........................................................................................................................36 Probation THEORY, which considers man as a social being Perjury Kidnapping (1996) (2006) ..........................................................................................................................................................61 Aggravating;Complex Cruelty; Relationship (1994) .........................................................................................................................24 Conspiracy; Crime with Rape (1996) ...................................................................................................................11 country use an alias legally? Give 3 Law; Maximum Term vs. Total Term (1997) ........................................................................................................36 Probation and his acts are attributable not just to his will but SUGGESTED the provinces who, very often, are recipients of deliberately distorted notes Perjury Kidnapping (1997) w/ Homicide ................................................................................................................................................................48 (2005) Bigamy (1994) ................................................................................................................................................................75 Aggravating; Must be Evade alleged in ........................................................................................................................................62 the information (2000) .......................................................................................................24 Conspiracy; Flight to Apprehension (2003) ..............................................................................................................12 instances. ANSWER: (2.5%) Law; Order Denying Probation; Not Appealable (2002) ........................................................................................36 to other forces of society. As such, punishment is Perjury Kidnapping; (2005) Effects; ................................................................................................................................................................49 Voluntary Release (2004) ..................................................................................................................62 1 Pseudonym for literary purposes. Aggravating; Bigamy (1996) Nighttime; ................................................................................................................................................................75 Band (1994) ................................................................................................................................24 Conspiracy; Flight to Evade Apprehension (2003) ..............................................................................................................12 Probation Law; Period Covered (2004) .............................................................................................................................36 not the solution, as he is not entirely to be blamed; Kidnapping; Illegal Detention; Minority (2006) ....................................................................................................................62 from other unscrupulous law schools and students. Share toin others work 2 Use of aliases cinemathis and television Bigamy (2004) ................................................................................................................................................................75 Aggravating; Recidivism (2001) ........................................................................................................................................24 Conspiracy; Implied Conspiracy (1998) .............................................................................................................................13 CRIMES COMMITTED BY PUBLIC OFFICERS .......................................................................49 Probation Law; Right; to Barred by Appeal (1995) .................................................................................................................36 law and jurisprudence should not be the yardstick Kidnapping; Proposal Kidnap (1996) .............................................................................................................................63 entertainment. Aggravating; Bigamy; Prescriptive Recidivism Period vs. Quasi-Recidivism (1995) ...................................................................................................................................76 ........................................................................................................25 Conspiracy; Implied Conspiracy; Effects (2003)(1998) .................................................................................................................13 Probation Law; Right; Barred by Appeal (2003) .................................................................................................................37 in theyou of sanction, instead the Kidnapping; Detention (1997) .....................................................................................................................63 and will be richly rewarded by God in 3 heaven. It is also very good karma. In athletics and sports activities (RA. Bribery Simulation &imposition Corruption ofSerious Birth & Illegal Child of Public Trafficking Official (2002) (2001) .....................................................................................................................76 .....................................................................................................................49 Aggravating; Treachery & Unlawful Entry (1997) ................................................................................................................25 Criminal Liability: Destructive Arson (2000) .......................................................................................................................13 Suspension of Sentence; Adults/Minors (2006) ..................................................................................................................37 underlying reasons would be inquired into. Trespass to Dwelling; Private Persons (2006) ....................................................................................................................63 6085). Direct Bribery: Infidelity in the Custody of Documents (2005) ..............................................................................................49 Criminal Liability: Felonious Act of(2003) Scaring (1996)..............................................................................................................13 Suspension of Sentence; Minors ............................................................................................................................37 ALTERNATIVE CRIMES AGAINST CIRCUMSTANCES HONOR .........................................................................................................76 ...........................................................................................25 2 We follow the classical school of thought Tresspass toImpeachable Dwelling; Rule of Absorption (1994) ..............................................................................................................64 4 Under the witness protection program Jurisdiction; Public Officers (2006) ................................................................................................................50 Criminal Liability: Felonious Act; Proximate Cause (1996) ...................................................................................................13 Suspension of Sentence; Youthful Offender (1995) ............................................................................................................38 although some provisions of eminently positivist in a person may adopt a different identity (RA. Unjust Vexation vs Acts of Lasciviousness (1994) ..............................................................................................................64 Malversation (1994) ........................................................................................................................................................50 EXTINCTION OF CRIMINAL LIABILITY ....................................................................................38 Criminal Liability: Impossible Crimes (2000) ......................................................................................................................14 Alternative Libel (2002) Circumstances; ....................................................................................................................................................................76 Intoxication (2002) ...................................................................................................................25 tendencies, like punishment of impossible crime, We would like toPROPERTY seek the indulgence of the reader for some Bar Questions 6981). Malversation (1999) ........................................................................................................................................................50 Criminal Liability; Felonious Act of Scaring (2001) ..............................................................................................................14 Libel (2003) ....................................................................................................................................................................76 CRIMES AGAINST ..................................................................................................64 Amnesty Juvenile vs. circumstances, PD 1160 (2006) ...........................................................................................................................................38 are incorporated in our PERSONS CRIMINALLY LIABLE FOR FELONIES ................................................................25 Malversation (1999) ........................................................................................................................................................50 5 When he has been baptized or Criminal Liability; Felonious Act of Scaring (2005) ..............................................................................................................14 Libel (2005)....................................................................................................................................................................77 Amnesty; Crimes Covered (2006) .....................................................................................................................................38 Code. Arson; Destructive Arson (1994) .......................................................................................................................................64 Malversation (2001) ........................................................................................................................................................50 customarily known by such alias. which are improperly classified under a topic and for some topics which are Criminal Liability; Felonious Act; Immediate Cause (2003) ..................................................................................................14 Slander (1988) ...............................................................................................................................................................77 Anti-Fencing Law; Fencing (1996) ....................................................................................................................................25 Extinction; Criminal &........................................................................................................................................................51 Civil(2000) Liabilities; Effects; Death of accused pending6 appeal (2004) ........................................................38 Arson; Destructive Arson .......................................................................................................................................64 Malversation (2006) When authorized by a competent court Criminal Liability; Felonious Act; Proximate Cause (1994) ...................................................................................................15 Slander (1996) ...............................................................................................................................................................77 Anti-Fencing Law; Fencing vs. Theft or Robbery (1995) ......................................................................................................26 Extinction; Criminal &Territoriality Civil Liabilities; Effects; Death of Offended Party (2000) Arson; New Arson Law (2004) ..........................................................................................................................................64 Malversation vs. Estafa (1999) .........................................................................................................................................51 (CA. ......................................................................38 No. 142, amended by RA. 6085). General Principles; (1994) improperly or ignorantly phrased, for the authors are as just Bar Reviewees who Criminal Liability; Felonious Act; Proximate Cause (1997) ...................................................................................................15 Slander by Deed vs. Maltreatment (1994 ).........................................................................................................................77 Anti-Fencing Law; Fencing; Elements (1995) .....................................................................................................................26 Pardon vs. Amnesty (2006) ..............................................................................................................................................39 BP 22; Memorandum Check (1994) ..................................................................................................................................65 Malversation; Properties; Custodia Legis (2001) ................................................................................................................52 7 When properly indicated in a Abe, married to Liza, contracted another Criminal Liability; Felonious Act; Proximate Cause (1999) ...................................................................................................15 Slander vs. Criminal Conversation (2004) .........................................................................................................................77 Criminal Liability; Accessories & (2004) Fence .............................................................................................................................39 (1998) ...................................................................................................................26 Pardon; Effect; Civil Interdiction BP 22; Memorandum Check (1995) ..................................................................................................................................65 Malversation; Technical Malversation (1996) .....................................................................................................................52 Certificate ofExams Candidacy (Omnibus marriage with Connie in Singapore. have prepared this work while reviewing for the Bar under timeElection Criminal Liability; Felonious Act; Proximate Cause (2001) ...................................................................................................15 Criminal Liability; Non-Exemption as Accessory (2004) ......................................................................................................26 Pardon; Effect; Reinstatement (1994) ...............................................................................................................................39 Version 1973 2003 MISCELLANEOUS .........................................................................................................................78 BP 22; Presumption of Knowledge (2002) .........................................................................................................................65 Public Officers; definition (1999) .......................................................................................................................................52 Code). Thereafter, Abe and Connie returned to the Criminal Liability; Principal Felonious Act; Proximate Cause (2004) ...................................................................................................16 Criminal Liability; by Direct Participation; Co-Principal by Indispensable Cooperation (2000) .....................................27 Edited and Arranged Prescription of Receipt Crimes; Bigamy (1995) ..............................................................................................................................40 Estafa & Liability; Trust Law (1995) ...................................................................................................................................65 Public Officers; Infidelity in Custody of Prisoners (1996) .....................................................................................................52 Philippines and lived as husband and wife in knowledge of the law. We would like to Criminal Impossible Crime (2004) ........................................................................................................................16 constraints and within their limited Corpus Delicti (2001) ......................................................................................................................................................78 Criminal Liability; Principal by Inducement (2002) ..............................................................................................................27 Prescription of Crimes; Commencement (2000) .................................................................................................................40 by: Estafa (1999) .................................................................................................................................................................66 Public Officers; Infidelity in Custody of Prisoners (1997) .....................................................................................................53 the hometown of Abe in Calamba, Laguna. 1) Criminal Liability; Impossible Crimes (1994) ......................................................................................................................16 Corpus Delicti; Definition & Elements (2000) .....................................................................................................................78 Criminal Liability; Principal; Inducement & Participation (1994) Janette Laggui-Icao and Prescription ofANSWER: Crimes; Commencement (2004) .................................................................................................................40 SUGGESTED Estafa vs. BP 22 (1996) ...................................................................................................................................................66 Can Abe be prosecuted for bigamy? Criminal Liability; Impossible Crimes; Kidnapping (2000) ....................................................................................................17 seek the readers indulgence for a lot of typographical errors in this work. Entrapment vs. Instigation (1995) .....................................................................................................................................78 ............................................................................................27 Destructive Arson (1994) CRIMES AGAINST PERSONS ....................................................................................................53 1) Prescription No, Abe of Crimes; may not Concubinage be prosecuted (2001)......................................................................................................................40 for bigamy Alex Andrew P. Icao Estafa 22 (2003) ...................................................................................................................................................66 Mala invs. SeBP vs. Mala Prohibita (1997) ................................................................................................................................17 Entrapment vs. Instigation (2003) .....................................................................................................................................78 .................................................................................................................................................27 Prescription ofbigamous Crimes; False Testimony (1994) .................................................................................................................41 since the marriage was contracted Estafa Money Market Placement .......................................................................................................................67 (Silliman University College of Law) PENALTIES .....................................................................................................................................27 Mala invs. Se vs. Mala Prohibita (1999) (1996) ................................................................................................................................17 Complex Crime; Homicide w/ Assault-Authority (1995) .......................................................................................................53 Prescription of Crimes; Simple Slander (1997) ...................................................................................................................41 or solemnized in Singapore, hence such Estafa vs. Theft (2005) ....................................................................................................................................................67 SPECIAL LAWS ...............................................................................................................79 Mala in Se vs. PENAL Mala Prohibita (2001) ................................................................................................................................17 Complex Crime; Parricide w/ unintentional abortion (1994) .................................................................................................53 Complex Crime vs. Compound Crime (2004).....................................................................................................................27 violation not one(2003) of those where the Estafa; (2005) ..................................................................................................................................................67 Mala in Elements Se vs.is Mala Prohibita Criminal Liabilities; Rape; Homicide &................................................................................................................................17 Theft (1998 No) .......................................................................................................53 CIVIL LIABILITY .............................................................................................................................41 Complex Anti-Carnapping Crime vs. Act; Special Carnapping Complex w/Document Homicide Crime vs.(2000) (1998) Delito Continuado ........................................................................................................79 (2005)by: ............................................................................28 Revised Penal Code, under Art. 2 thereof, Estafa; Falsification of Commercial .........................................................................................................67 Updated Mala Prohibita; Actual Injury Required (2000) ....................................................................................................................18 Criminal Liability; Tumultous Affray (1997) .........................................................................................................................54 Anti-Graft & Corrupt Practices RA 3019 (1997) ................................................................................................................79 Complex Crime; Aberratio ictus vs. error in personae (1994) ...............................................................................................28 may be applied extraterritorially. The general Civil liability; Effect of (2000) ...............................................................................................................................41 Estafa; Falsification of Acquittal Commercial Documents (1997) .......................................................................................................68 Malum in Se vs. Malum Prohibitum (2005) ........................................................................................................................18 Criminal Liability; Tumultuous Affray (2003) .......................................................................................................................54 Complex Anti-Hazing Crime; law Aberratio RA 8049 Ictus, (2002) Error ....................................................................................................................................80 In Personae & governs Praeter Intentionem (1999) .................................................................28 rule on territoriality of criminal law Civil liability; Effect of Acquittal (2000) ...............................................................................................................................41 Estafa; Swindling (1998) ..................................................................................................................................................68 Motive vs. Intent (1996) ...................................................................................................................................................18 Death under Exceptional Circumstances (2001) .................................................................................................................54 General Principles; Territoriality; Jurisdiction over CHILD ABUSE; RA 7610 (2004) ......................................................................................................................................80 Complex Crime; Aberratio Ictus; Attempted Murder with Homicide (2000) ............................................................................28 the situation. Civil Liability; Subsidiary; Employers (1998) .......................................................................................................................42 Robbery (1996) ..............................................................................................................................................................68 Motive vs. Intent (1999) ...................................................................................................................................................18 Death under Exceptional Circumstances (2005) .................................................................................................................54 ReTake BarOps 2007 Vessel (2000) Child Abuse; RA 7610 (2006) ...........................................................................................................................................80 Complex Crime; Doctrine of Aberratio Ictus; Not Applicable (1996) Civil Liability; When Mandatory; Criminal Liability (2005) .....................................................................................................42 Robbery under RPC (2000) .............................................................................................................................................68 Motive vs. Intent (2004) ...................................................................................................................................................19 Homicide; Fraustrated; Physical Injuries (1994) .................................................................................................................55 After drinking one (1) case of San Miguel Dangerous Drug Act: Plea-Bargaining (2005) ....................................................................................................................80 ......................................................................................29 Complex Crimes; Coup detat & rebellion & sedition Damages; Homicide; Temperate Damages (2006) .............................................................................................................42 Updated by; Robbery under RPC (2001) .............................................................................................................................................68 Motive; Proof thereof; Not Essential; Conviction ......................................................................................................19 Infanticide (2006) ............................................................................................................................................................55 beer and taking two plates of (2006) "pulutan", (2003) Dangerous .................................................................................................29 Drugs Act Robbery (1998) ............................................................................................................................................80 Complex Crimes; Determination of the Crime Robbery vs. Highway (2000) ...............................................................................................................................69 Murder & Sec. 25, R.A. No. 9165 (2005) ...........................................................................................................................55 Binoy, aDrugs Filipino seaman, stabbed to death CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS .......................42 Dangerous Act (2006) ............................................................................................................................................81 (1999)..........................................................................................................29 Complex Crimes; Nature & Penalty Involved JUSTIFYING & EXEMPTING CIRCUMSTANCES ...................................................................19 Robbery w/ force upon things (2000) ................................................................................................................................69 Murder (1999) ................................................................................................................................................................55 From the ANSWERS TO BAR EXAMINATION QUESTIONS IN Sio My, a Singaporean seaman, aboard M/V (1999) ...........................................................................................................30 Dangerous Drugs Act -(6425); Marked Money ....................................................................................................................69 (2000)..........................................................................................................81 Complex Crimes; Ordinary Complex Crime Robbery w/ Homicide R.A. No. 7659 (2005) Piracy inDefinition the High Seas & Qualified Piracy (2006) .............................................................................................................42 Murder; & Elements (1999) ...............................................................................................................................56 Exempting Circumstances; Coverage (2000) .....................................................................................................................19 "Princess of the Pacific", an overseas vessel Dangerous Drugs Act (6425); Plea Bargaining (1998) ........................................................................................................81 vs. Special Complex Crime (2003) .....................................................................30 Continuing Offense vs. Delito Continuado CRIMINAL LAW by the UP LAW COMPLEX and PHILIPPINE Robbery w/Circumstances; Homicide (1996) ............................................................................................................................................70 Murder; Evident Premeditation (1996) ...............................................................................................................................56 Exempting (1998) ........................................................................................................................19 which was sailing in Minority the South China Sea. The (1994) Dangerous Drugs ...............................................................................................................30 Act; (1998) Consummation of Sale (1996) .........................................................................................................82 Death Penalty (2004) CRIMES AGAINST THE FUNDAMENTAL LAW OF THESCHOOLS STATE........................................43 Robbery w/ Homicide ............................................................................................................................................70 Murder; Homicide; Infanticide; Parricide (1999) ..................................................................................................................56 ASSOCIATION OF LAW Exempting; Minority; 11 yrs Old; Absence of registered, Discernment (2000) ........................................................................................19 vessel, although Panamanian is Dangerous Drugs Act; Criminal Intent to Posses (2002) ......................................................................................................82 ......................................................................................................................................................30 Death Penalty; Robbery w/ Homicide (2003) ............................................................................................................................................71 Murder; Reckles Imprudence (2001) Justifying vs. Exempting Circumstances (2004) .................................................................................................................20 Violation of Domicile vs. Trespass to .................................................................................................................................56 Dwelling (2002) .........................................................................................................43 owned by Lucio Sy, a rich Filipino Qualified Dangerous Rape; Drugs Act; Requisites Plea-Bargaining (2004) ..............................................................................................................31 (2004) ...................................................................................................................82 Habitual Robbery w/ Homicide; Special Complex Crime (1995) ........................................................................................................71 Murder; Treachery (1995) ................................................................................................................................................57 Justifying; Defense of Honor; Requisites (2002) .................................................................................................................20 businessman. When M/V "Princess of the Highway Robbery (2001) .................................................................................................................................................82 Delinquency & Recidivism (2001) ........................................................................................................................31 Robbery w/ Intimidation vs. Theft (2002) ...........................................................................................................................71 CRIMES AGAINST PUBLIC ORDER .........................................................................................43 Murder; Use of Illegal (2004) ..............................................................................................................................57 Justifying; Defense of Firearms Stranger (2002) ..............................................................................................................................20 Pacific" reached a Philippine Port at Cebu Indeterminate Illegal Fishing Sentence PD(1999) 704 (1996) Law (1994) .........................................................................................................................................82 .................................................................................................................................31 Robbery w/ Rape .................................................................................................................................................71 Parricide (1999) ..............................................................................................................................................................57 Justifying; Fulfillment of Duty; Requisites (2000) ................................................................................................................20 City, the Captain of Motivated; the turned over Art 134; Rebellion; Politically Committed by NPA Members (1998) ......................................................................43 Illegal Possession of Firearms RA vessel 8294 (1998) ...............................................................................................................83 Indeterminate Sentence Law (1999) .................................................................................................................................32 Robbery w/ Rape; Conspiracy (2004) ...............................................................................................................................71 Parricide (1999) ..............................................................................................................................................................57 Justifying; SD; Defense of Honor; Requisites (1998) ..........................................................................................................21 the assailant Binoy to the Philippine Art 134-A: Coup d of etat &Law Rape; (2005) .............................................................................................................44 Indeterminate Illegal Possession Sentence Firearms (1999) &Frustrated Ammunitions .................................................................................................................................32 (2000) ........................................................................................................83 Robbery; Homicide; Arson (1995) .....................................................................................................................................72 Parricide; Multiple Parricide; Homicide (1997) ....................................................................................................................57 Justifying; Defense Honor; Elements (2000) ..................................................................................................................21 authorities. An information for homicide was Art 134-A; Coup detat (2002) ..........................................................................................................................................44 PD 46 & RA 6713 &of Indirect (2006) .......................................................................................................................83 Indeterminate Sentence LawBribery (2002) .................................................................................................................................32 Robbery; Rape (1997) .....................................................................................................................................................72 Rape (1995) ...................................................................................................................................................................58 Justifying; SD; Defense of Property; Requisites (1996) .......................................................................................................21 filed Art 134-A; against Coup detat; Binoy New in Firearms the Regional Law (1998) Trial ..............................................................................................................44 Court Indeterminate PD 46 (1994) ..................................................................................................................................................................83 Sentence Law (2005) .................................................................................................................................32 Theft (1998) ...................................................................................................................................................................72 SUGGESTED ANSWER: Rape; Absence of Force &Property; Intimidation (1995) ...................................................................................................................58 Justifying; SD; Defense of Requisites .......................................................................................................21 Art 136; Conspiracy to Commit Rebellion (1994) ................................................................................................................44 of Cebu City. He moved to (2003) quash the PD 46 (1997) ..................................................................................................................................................................84 Indeterminate Sentence Law; Exceptions (1999) ...............................................................................................................32 Theft (2001) ...................................................................................................................................................................73 Rape; Anti-Rape Law of 1997 (2002) ................................................................................................................................58 information for lack of jurisdiction. If you Indeterminate Sentence Law; Exceptions (2003) ...............................................................................................................33 were the Judge, will you grant the motion? Why? (5%)

10 Yes, the Motion to Quash of the 86 Information Qualifying; Penalties: Art Rape; Theft; Plunder 148; Qualified Anti-Rape under Direct Fine Elements RA Assault or Theft Law Imprisonment 7080; of (2002) of vs. a1997 Prescriptive Crime Resistance ............................................................................................................................................73 (2002) (2003) vs. Subsidiary Period ................................................................................................................................58 & .............................................................................................................................22 Disobedience (1993) Imprisonment ............................................................................................................84 (2001) (2005) ............................................................................................44 ...................................................................................33
Criminal Criminal Law Q A Examination Q 8 4 5 6 7 & Aof (1994-2006) 86 Criminal Law Law Bar Bar Examination Examination Q& &Bar A (1994-2006) (1994-2006)

2 of 86 3 9

GENERAL PRINCIPLES

Table F Oof RContents WARD

CRIMINAL LAW
ARRANGED BY TOPIC

(1994 2006)

The Authors July 26, 2005

Dondee

July 3, 2007

July 3, 2007

Criminal Law Bar Examination Q & A (1994-2006)

11 of 86 12 13

SUGGESTED ANSWER: suchthe For b) exculpatory. tetanus Suppose, physical Conspiracy infection after injuries the the tovictim of robbery, rob F,and A, would kill B the and is not four not C. A Arturo, shall being incur one fullofcriminal the two who liability devised for the the Yes. B. C andJoel, D with are liable for destructive should took per have se turns died punishable. be with held in raping it. liable therefore. the three Even daughters if it was of crime plan A, toof murder robbery thereby homicide, becomes but a B coshall arson because of the destruction of the only A inside Danilo who actually the latter's stabbed house,and but caused before not principal incur by direct criminal conspiracy. liability What because is room he of X with the use of an explosive, the hand Criminal Liability: Impossible (2000) The desistance need not actuated by physical they left, injuries they killed to Crimes the G, be whole B and family C are to desisted. needed only B'sis spontaneous an overt act desistance, and both will made grenade. for an impossible crime is is 1 What is an impossible (2%) remorse or good motive. It crime? is enough nonetheless prevent identification, liable for conspiring what crime with did Athat and the before incur criminal all Liability actsliability. of execution Arturo's areliability performed, as a SUGGESTED ANSWER: to be imposed only if the act committed 2 Is an impossible crime really a the discontinuance comes from the person for contributing four commit? Explain. positive acts which led to the exculpatory. conspirator arose Conspiracy from his toparticipation rob and kill is in not (a) Jose, Domingo, and Manolo would constitute any other crime crime? (2%) who has begun commission ofcommitted the crime realization of athe common criminal intent. B per jointly se not devising punishable. the criminal plan with under Juan, to Robbery, while Fernando committed complex The desistance need not be actuated by the Revised Code. Although the facts but before all acts of execution are positioned himself as a lookout, while C kill Jose. AndPenal it was pursuant to that crime of Robbery with Rape, Conspiracy can remorse or good motive. It is enough that involved are parallel to the case of Intod vs. performed. A person who has began the blocked F's escape. D, however, although conspiracy that Juan killed Joel. The be inferred from manner offenders the discontinuance comes from the person Court of Appeals (215 SCRA 52) , where it was commission of athe crime but the desisted, is part of the conspiracy, cannot be held liable conspiracy here is actual, not by inference committed the robbery but before the was who begun thewas commission of the crime ruled that the liability ofdone the offender was for absolved from criminal liability as rape aA reward because he left the scene could only.has The overt act pursuant to that committed by Fernando at a place "distant but before all acts of execution are an impossible crime, no hand grenade was to one, who having setthe foot on the occurred. verge of enter the house where stabbing conspiracy whereof Arturo is co-conspirator. Conspiracy; Implied Conspiracy (1998) from the house" where the robbery was performed. person who has began the used said A case, which constitutes a more crime, heeds call of his conscience Although he the was earlier part of and the Therein being a Felonious conspiracy, the act (1996) of one is Criminal Liability: Act of Scaring What is the doctrine of implied conspiracy? committed, not in the presence of the other commission of a crime but desisted, is serious crime though different from what was returns to the path righteousness. conspiracy, he did of not personally participate the act of all. therefore, should be on Alexander, anArturo, escaped convict, ran amuck SUGGESTED ANSWER: [3%] conspirators. Hence, Fernando alone should absolved from criminal liability as a reward intended, in the execution of the conspiracy crime by acts which liable as a co-conspirator but the penalty on The doctrine of rape, implied holds two board a who Superlines Bus bound for Manila In the same breath, E, the driver, cannot be answer for the rendering him liable for to one, having set foot on the verge of directly tended toward the same end (People him may be that of an accomplice only or more persons participating in the from BicolFlight andthe killed ten persons. Conspiracy; to Evade Apprehension (2003) also held liable for the infliction of physical the special crime. (People vs. crime, call of (10) his1; conscience vs. Tomoro, etcomplex al 44 Phil. 38), (Peopleheeds vs. Nierra, 96 SCRA People us. and b) The crime would be Robbery with ALTERNATIVE ANSWER: commission of a crime collectively Terrified by the incident, Carol and Benjamin A and B, both store janitors, planned to kill injuries upon F because there is no showing Canturia et. al, G.R. 108490, 22 June 1995} returns to the path of righteousness. Medrano, 114 SCRA 335) because he was not Arturo is passengers not liable because he was able Homicide ... still responsible and (implied: liable as there co-conspirators who of the bus, jumped out their are employer C at midnight andnot take the that he had knowledge of the plan to is kill F. able to actually participate in the shooting of to participate in the killing of Joel. conspiracy) although absent any agreement to that of the window and while lying unconscious money kept in the cash register. A and B Joel, having been apprehended before Conspiracy; Flight to Evade Apprehension (2003) Conspiracy itself is not punishable unless Conspiracy; Avoidance of Greater Evil (2004) effect, when they act in concert, after hitting the pavement ofthe the store, road, were together drew the sketch of where reaching the place where the crime was A B, both store janitors, planned to kill expressly provided law and this not BBand and CC, unity both of armed with knives, demonstrating criminal intent and a ran over and to death by ais fast they knew C crushed would by be sleeping, and planned committed. their employer C or at midnight andST, take the true in the case of Murder. A co-conspirator attacked FT. The victim's son, upon common purpose objective. The existence moving Desert Fox bus attack. tailing the Superlines the sequence of their Shortly before Can Alexander be held liable for the death of money kept attack, in shall the drew cash register. A and B must perform an overt act pursuant to theout seeing the his gun was of a conspiracy be inferred or but deduced Bus. midnight, A and B were ready to carry Conspiracy; Common Felonious Purpose (1994) Carol and Benjamin although he was together drew the sketch of theattackers store, where conspiracy. prevented from shooting the by from their criminal participation in pursuing the plan. When A was about to lift C's Conspiracy; Implied Conspiracy; Effects (2003) At about 9:30 in the evening, while Dino and completely unaware thathis thedagger, two jumped out they knew C would be sleeping, and planned AA, who grappled with him for of the crime and thus the act ofpossession one shall be mosquito net to thrust a police SUGGESTED ANSWER: State the concept of "implied conspiracy" Raffy were walking along Padre Faura Street, of the bus? Explain. the sequence of their attack. Shortly before the gun. the FT died from deemed act of all. knife wounds. AA, BB car with sirens can blaring passed by. Scared, B Yes, Alexander be held liable for the and its effects. 4% Manila. Johnny hit them with a rock injuring midnight, A legal and B were ready to carry out and give CC were charged with murder. ran out of the store and fled, while A went on death of Carol and Benjamin because of but SUGGESTED ANSWER: Dino at the back. Raffy approached Dino, In his defense, AA invoked justifying the plan. When A was the about to lift C's to stab C act to death, put the money in the bag, An "IMPLIED CONSPIRACY" is one which is felonious of running was the proximate suddenly, Bobby, Steve, Danny and Nonoy circumstance greater a evil or mosquito net of toavoidance thrust hisof dagger, police and ran to look for B. The latter was only inferred or deduced from the ST manner cause of outside thethe victim's death. The rule is that surrounded duo. Then Bobby stabbed injury, contending that by preventing car with sirens blaring passed by. Scared, B FELONIES nowhere in sight. Unknown to him, B had the participants the commission of crime when a person, by a Nonoy felonious act, generates SUGGESTED ANSWER: Dino. Steve, Danny, and Johnny kept from shooting BBin and CC, he merely ran out of the store and fled, while Aavoided went on already left the place. What was the carried out its AA's execution. Where the There in the mind was an of expressed another a sense conspiracy of imminent between on hitting Dino and Raffy with rocks. As a a greater evil. Will defense prosper? to stab C to death, put the money in the bag, Conspiracy (1997) participation and corresponding criminal offenders acted in concert in the commission A danger, and a B prompting to kill Cagainst and the take latter the to latter's escape from SUGGESTED ANSWER: result. Dino died, Bobby, Steve, Danny, Reason (5%) and ran briefly. outside to look for B. The latter was A had grudge F. Deciding to money. kill F, A liability of each, if any? Reasons. 8% No,the AA's defense will not prosper because of crime, meaning that their acts are The or avoid planned such killing danger and and taking in the of process, the money Nonoy and Johnny were charged with nowhere in sight. Unknown to him, B had and his friends, B, C, and D, armed (US vs. Valdez, 41 Phil, 1497; People vs. Apra, 27 SUGGESTED there ANSWER: SUGGESTED ANSWER: obviously a conspiracy in among BB, coordinated or was synchronized a way appears sustains injuries to be or dies, intimately the proceeded person related as homicide. Is there conspiracy in this case? already left the place. What was the themselves with knives and to the SCRA 1037.) There was an expressed conspiracy between Yes, there isthe conspiracy among the offenders, CC and AA, such thatare thepursuing principle a that when indicative that they common component committing crimes, felonious hence act a is special responsible complex participation and corresponding criminal house of F, taking a taxicab for the purpose. Criminal Liability: Felonious Act; Proximate Cause (1996) A and is B to kill C and take the latter's money. as manifested by their concerted actions there a conspiracy, the act of deemed one is the criminal objective, they shall be to crime for such of injuries robbery or death. with homicide. The liability of each, if any? Reasons. 8% About 20 meters from their destination, the Vicente hacked Anacleto with a bolo but the The planned killing and taking of the money against the victims, demonstrating a act acting of all, in shall govern. The of criminal ST, the be conspiracy and act their conspiracy being expressed, not just implied, group alighted afteritinstructing E, the latter was able and to parry with his hand, The legal effects of an "implied conspiracy" appears to beappears be intimately as common purpose of assaulting the victim's son, tonot beindividual. arelated legitimate liability shall collective, A and to B felonious are bound as on co-conspirators after driver, wait, traveled foot to the house causing upon him a two-inch wound on his are: a) Not all those who are present at the component crimes, hence a special complex victims. The existence of the conspiracy can defense of relatives; hence, justified as a they have planned and agreed on the of F. B positioned himself at able a distance as the will behis considered conspirators; b) The right palm. Vicente wasfrom not to hack scene ofof the crime robbery homicide. be inferred or their deduced the manner the defense of father with against the unlawful sequence of attack even before they group's lookout. C and D stood guard outside Only those who participated by criminal acts Anacleto further because three policemen conspiracy being expressed, not just offenders acted in commonly attacking Dino aggression by BB and CC. ST's act toimplied, defend committed the crime. Therefore, thehouse, principle the house. Before A could enter the D commission of the crime will be considered as in the arrived and threatened to shoot Vicente if he A and B are bound as co-conspirators after and Raffy with rocks, thereby demonstrating his father's life, cannot be regarded as an in law that when there is a conspiracy, the left the scene without the knowledge of the conspirators; and c) Mere acquiescence to co did not drop his bolo. Vicente was What AA did planned was a agreed lawful they have and on law, the a unity of criminal design to inflict harm on evil inasmuch as itto is,stop in the eyes ofdefense, the act of one is theCrime act of all, already governs Conspiracy; Complex with Rape (1996) others. stealthily the house and or approval of the commission accordingly charged by the police atfled the That BA ran out of entered the store and upon not greater evil, to allow and before CC achieve sequence of their attackBB even they their victims. a lawful act. them. InF. fact, A and B were already in the Jose, Domingo, Manolo, and Fernando, armed of the crime, without any act of criminal stabbed F ran to the street but was prosecutor's office for attempted homicide. hearing the sirens of the police car, is not their criminal objective of stabbing FT. committed the crime. Therefore, the principle store to carry out their criminal plan. participation, shall not render one criminally with bolos, at about one o'clock in the blocked by C, forcing him to flee towards Twenty-five days later, while the preliminary spontaneous desistance but flight to evade in law that when there is a conspiracy, the co-conspirator. liable as morning, robbed house atdifferent a desolate place another direction. Immediately after A Conspiracy; Co-Conspirator investigation was in progress, Anacleto was apprehension. It a would be if had B then act of one is the act (1998) of all, already governs That B ran out of the store and to fled upon where Danilo, his wife, and daughters stabbed F, A also Gthree who visiting Juan and Arturo devised a plan murder rushed to the hospital because ofwas symptoms tried to stop A stabbed from continuing with the them. In fact, A and B were already in the Criminal Liability: Destructive (2000) house, hearing the sirens of Arson the Joel's police car, is not were living. While the in not. the F. A the exiled from the house and, Joel. In narrow Juan of Thereafter, tetanus infection onfour the were two-inch wound commission of crime; he did So the store toa carry outalley theirnear criminal plan. SUGGESTED ANSWER: A, C behind and desistance D, the all big armed armalites, spontaneous but with flightand to evade process ransacking house, together with B and C,Danilo's returned to the the of the will B, hide lamppost shoot inflicted by Vicente. died act of Aof in pursuing the commission SUGGESTED ANSWER: Yes, Vicente may be Anacleto charged of homicide for proceeded to the house of X. Y, a neighbor of apprehension. It would be different if on B then Fernando, noticing that one of Danilo's waiting taxicab and motored away. G died. of F Joel when the latter passes through his following day. Can Vicente befor eventually crime which both he and B designed, A alone should be held liable the death the death of Anacleto, unless the tetanus X, who happened towill be come passing by, pointed tried to stop A from continuing with the daughters was trying to get away, ran after survived. Who are liable for the death of G way to work. Arturo from the other charged with for twenty the of planned, and homicide commenced to death commit, would G. The object of the conspiracy of five A. B, C, infection which developed days to the the room occupied. commission of theand crime; hethat did X not. So the her and finally caught up with her in a thicket and the physical injuries of F? B, end offour theculprits alley simultaneously shoot Anacleto? Explain. also be the act of B because of and D was to kill F only. Since C, and D later, was brought about by an efficient their ALTERNATIVE ANSWER: The four culprits peppered the roomofday, with act A in pursuing the commission the somewhat distant from the house. Fernando, Joel of from behind. On the appointed expressed conspiracy. Both are for the did not know of the stabbing of Gliable by A, they supervening cause. Vicente's felonious act of A shallbringing incur full criminal liability for the bullets. Unsatisfied, threw a hand crime which both A heeven andthe B authorities designed, before back the daughter to the Arturo was apprehended by composite crime of robbery with homicide. cannot be held criminally therefor. E, the causing a two-inch wound on Anacleto's right crime of robbery with Thereafter, homicide, but B shall grenade that commenced totally destroyed X's planned, and to commit, would house, raped her first. the four before reaching the alley. When Juanroom. shot driver, cannot be held liable for the palm may still be also regarded as the proximate Fernando commit? Explain. not incur criminal liability because he However, unknown to the four culprits, X was also be the act of B because of their carted away the belongings of Danilo and his Joel as planned, he was unaware that Arturo death of since the death former was completely ALTERNATIVE ANSWER: cause of G the latter's because without SUGGESTED ANSWER: desisted. B's spontaneous desistance, made not inside the room and nobody was hit or expressed conspiracy. Both are liable for the family. a)of What crime did Jose, Domingo, was arrested earlier. Discuss the criminal unaware said killing. such wound, no tetanus infection could before acts of execution are performed, is injured the Incident. Are B, C and D composite crime of robbery withA, homicide. Manoloall and liability during of Arturo, if any. [5%] develop from the victim's right palm, and liable for any crime? Explain. (3%) without

1 An impossible crime is an act which would be an offense against person or property, were if not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means (Art. 4, par. 2, RPC) 2 No, an impossible crime is not really a crime. It is only so-called because the act gives rise to criminal liability. But actually, no felony is committed. The accused is to be punished for his criminal tendency or propensity although no crime was committed.

SUGGESTED ANSWER:

Criminal Law Bar Examination Q & A (1994-2006)

14 of 86 15 16
JP, the caused of Aries strong the and death Randal current of Cesar planned or because is not to kill he a crime, Elsa, did not ano criminal know how liability swim, may he arise drowned, therefrom. the Supreme resident ofto Barangay Pula, Laurel, Batangas. Courtasked They affirmed thethe assistance conviction of Ella, for homicide who is of Criminal Liability; Felonious Act Scaring against (2005) the accused if aof person familiar with because, the place. On April 3, 1992, assault at about 10:00 in the Belle saw Gaston stealing prized cock of whom a criminal isthe directed believes evening, JP, Aries and Randal, all armed with a neighbor and reported him to the police. himself to be in danger of death or great automatic weapons, went to Barangay Pula. Thereafter, Gaston, while driving a car saw bodily harm and in order to escape jumps Ella, being the the guide, directed Belle crossing street. Incensed that of Belle into the water, impelled by theher instinct companions to the room in the house of Elsa. had reported him, Gaston decided to scare self-preservation, the assailant is responsible Whereupon, JP, and Randal fired their herthe by trying to Aries make it appear that he was for homicide in case death results by Criminal Liability; Felonious Act; Cause (1999) guns her Fortunately, Elsa was not aboutat to runroom. her over. He Proximate revved the engine drowning. During the robbery in a dwelling house, around asand she drove attended a prayer meeting of his car towards her but he one of the culprits happened to fire hisin gun that evening in another barangay Laurel. applied the brakes. Since the road was JP, et al, were charged and convicted of upward in the ceiling without meaning to kill slippery at that time, the vehicle skidded attempted murder by the Regional Trial anyone. The owner of house who was and hit Belle causing her death. Was gaston SUGGESTED ANSWER: Court at Tanauan, Batangas. hiding thereat was hit and killed as a of result. criminally liable? What is the liability Yes, defense Gaston is liable for Belle's The theorized that the death killing because was a Gaston? Why? (4%) even though has no intent to Belle On appeal to Gaston the Court of Appeals, allkill the mere accident and was not perpetrated in rather just to scare "Tocourt scare" does not accused ascribed toBelle. the trial the sole connection with, or for purposes of, the indicate intent to kill. guilty However, under Art. 4 error of finding them ofdefense? attempted robbery. Will you sustain the Why? SUGGESTED of the Revised Penalthe Code, provides in will part murder. If ANSWER: you were ponente, how (4%) No, will not sustain the defense. The act SUGGESTED ANSWER: that criminal liability shall be incurred by any you Idecide the appeal? If I were the ponente, I will set aside the being felonious anda the proximate cause person committing felony although the of judgment convicting the accused the victim's death, the offender isof liable wrongful act done be different from that attempted murder and instead find them therefore although it not be intended which he intended. Inmay other words, the ruleor is guilty of impossible crime under Art. 4, par. different from what he The that when a person, byintended. a felonious act, 2, RPC, in relation to Art. 59, RPC. Liability for offender shall be mind prosecuted for the generates in the of another a sense of impossible crime arises not only when the composite crime of robbery with homicide, imminent danger, prompting the latter to impossibility is legal, but likewise it the is whether the killing was intentional or in escape from or avoid such dangerwhen and factual or physical impossibility, as in the accidental, as long as the killing was on process, sustains injuries or dies, the person ALTERNATIVE Criminal Felonious Act; Proximate Cause (2001) case atLiability; bar. Elsa's absence from the house is occasion of ANSWER: the robbery. committing the felonious act is death responsible Yes, Gaston is liable for Belle's Luis Cruz was deeply hurt when his offer of a physical impossibility which renders the for such injuries or death . (US vs. Valdez, 41 because by his acts revving the Marivella engine of love was rejected byof his girlfriend crime intended Inherently incapable of Phil, 1497; People vs. Apra, 27 SCRA 1037.) his car and driving towards Belle is felonious, one afternoon when visited her. Whenof he accomplishment. To he convict the accused and such felonious act was the proximate left her house, he walked as if he was attempted murder would make Art. 4, par. 2 cause of the vehicle toso skid and hit Belle, sleepwalking so much that a teenage practically useless as all circumstances resulting in the latter's death. Stated snatcher was able to consummation grab his cell phone and which prevented the of the otherwise, the death of Belle was direct, flee without being chased by incident Luis.the At the offense will be treated as an Criminal Liability: Impossible Crimes (1998) natural and logical consequence of next LRT station, he boarded one ofGaston's the independent of the actor's will which is an Criminal Liability; Felonious Act; Immediate Cause Buddy always resented his classmate, Jun. felonious act. (People v. Arpa, 27 SCRA coaches bound for Baclaran. While seated, element of attempted or frustrated felony (2003) One day. Buddy planned to kill Jun by mixing 1037). he happened to read a newspaper left on the (Intod vs. CA, 215 SCRA 52). the ire The conduct wife A aroused ofhe her poison in noticed his of lunch. Not knowing where seat and that the headlines were husband B. Incensed with anger almost can get poison, he approached another about the sinking of the Super Ferry while on beyond his Jerry control, whom B could not help but classmate, he disclosed his its way to Cebu. to He went over the list of inflict physical injuries on A. Moments after B evil plan. Because he himself harbored missing passengers who were presumed started hitting A withJun, his Jerry fists, gave A suddenly resentment towards Buddy a dead and came across the name of his complained of severe chest pains. B, food. poison, which Buddy placed on Jun's grandfather who had raised him from realizing that A was indeed in serious However, did not die because, unknown childhood Jun after he was orphaned. He was trouble, immediately brought her to was the to both Buddy and Jerry, the poison shocked and his mind went blank for a few hospital. Despite efforts to What alleviate A'sor actually powdered milk. 1, crime minutes, after which he ran amuck and, 2. Suppose that, because of his severe pains, she died of heart attack. It turned out crimes, if balisong, any, did Jerry and Buddy commit? using his started stabbing at the SUGGESTED ANSWER: allergy to powdered milk, Jun hada to be that she had been suffering from lingering [3%] B could beANSWER: held liable forfor parricide because passengers who then scampered away, SUGGESTED hospitalized for 10 days ingesting it. with heart ailment. What crime, if any, could B be his act of hitting his wife with fist blows and three of them Jumping out of the train and Yes, Luis is liable for their deaths because he Would yourof? answer held guilty 8% to the first question be therewith inflicting physical injuries on her, is landing on the road below. All the three was committing a felony when he started SUGGESTED ANSWER: the same? [2%] felonious. A the person committing a felonious 1. Jerry and Buddy are liable for the so-called passengers died later of their injuries at the stabbing at passengers and such act incurs criminal liability although the "impossible crime" because, with intent to hospital. Is Luis liable for the death of the wrongful act was the proximate cause of said wrongful consequence is different from what kill, they tried to poison Jun and thus three passengers who jumped out of the passengers' jumping out of the train; hence he intended (Art. 4, a par. 1, Revised Penal perpetrate Murder, crime against persons. moving train? State your reasons. (5%) their deaths. Code). Jun was not poisoned only because the would-be killers were unaware that what they mixed with the food of Jun

Under Although was powdered Article A died 4, milk, of Revised heart not attack, poison. Penal the InCode, short, said any the person attack act done was committing with generated criminal by a intent B's felony felonious by shall Jerry act incur and of criminal hitting her Buddy, would liability with his have although fists. constituted Such the felonious wrongful a act crime act done was the against be persons immediate different were cause from it not of the that for heart the which inherent attack, he intended. having materially inefficacy In of this the case, means contributed the employed. death to and of the Criminal three passengers hastened liability is A's incurred was death. the Even by direct, them thoughalthough natural B may have and no logical acted without crime resulted, consequence intent because toof kill their Luis' his wife, act felonious of lack trying of act to 2. No, the answer would not be the same as which such poison intent created Jun is iscriminal. of an no immediate moment when sense the of victim danger above. Jerry and Buddy would be liable in dies. the However, minds ofBsaid may passengers be given the who mitigating tried to instead less serious physical injuries for avoid circumstance or for escape of having from it acted by jumping without out of the Criminal Liability; Felonious Act; Proximate Cause (2004) causing the hospitalization and train. intention (People to commit vs. Arpa, so grave 27 SCRA a wrong 1O37; medical as U.S. that vs. On his Liability; way for home from office, rode in of a Criminal Felonious Act; Proximate Cause (1994) attendance 10 to Jun.ZZ Their act Valdez, committed 41 Phil. (Art. 497} 13, days par. 3, Revised Penal jeepney. Subsequently, XX boarded the same Bhey eloped with Scott. Whereupon, Bhey's mixing with the food eaten by Jun the matter Code). jeepney. Upon reaching aRustom, secluded spot father, Robin, and brother, went to in which required such medical attendance, QC, XXhouse. pulled out a grenade from histhem bag Scott's Upon reaching the house, committed with criminal intent, renders and announced a hold-up. He told ZZ to Rustom inquired from Scott about his sister's liable for the resulting injury. Criminal Liability; Crimes; Kidnapping (2000) surrender his Impossible watch, wallet and and cellphone. whereabouts, while Robin shouted Carla, 4 years old, was kidnapped by Enrique, Fearing for his life, ZZ jumped out the threatened to kill Scott. The latter then of went the tricycle driver paid by her parents to vehicle. But as he fell, his head hit the downstairs but Rustom held his (Scott's) Criminal Liability; Felonious Act of and Scaring (2001) school. SUGGESTED ANSWER: bring and fetch her to from pavement, causing his instant death Is XX waist. Meanwhile Olive, the elder sister. of Yes, XX is liable ZZ's - death because his Maryjane had two suitors Felipe Cesar. Enrique wrote afor ransom note demanding liable ZZ's death? Explain briefly. (5%) Scott, for carrying her two-month old and child, acts of pulling out a grenade and announcing She did not openly show her preference but P500,000.00 from and Carla's in approached Rustom Scott to parents pacify a hold-up, coupled with a Cesar's demand for sent the on twoOlive occasions, accepted invitation exchange for Carla's freedom. Enrique them. attempted to remove Rustom's watch, wallet and cellphone of ZZ is to concerts by Regine Pops. Felipe was a the ransom note by and mail. However, before hand from Scott's waist. But Rustom pulled felonious, and such felonious act was the SUGGESTED ANSWER: working student and could only ask Mary to the ransom note was received by Carla's Olive's hand causing her to fall over her Yes, Rustom is criminally liable for the proximate cause of ZZ's jumping out death of the see a movie which was declined. Felipe felt parents, Enrique's hideout was discovered by baby. The baby then died moments later. Is of the child because his felonious act was the jeepney, resulting in the latter's death. insulted and made plans to get even with the police. Carla was rescued while Enrique Rustom criminally liable for the death of the proximate cause him of such death. was Stated otherwise, death ofItZZ was the Cesar by scaring off somehow. One day, was arrested and the incarcerated. Considering child? Rustom's act of pulling Olive's hand which of direct, natural and logical consequence he entered Cesar's room in their boarding that the ransom note was not received by caused theplaced latter to fall on her baby. Had Itan XX's felonious act which created house a rubber snake which Carla'sand parents, the investigating prosecutor SUGGESTED ANSWER: not been for said act of Rustom, which is immediate sense of danger in the mind of ZZ appeared to be real in Cesar's backpack. merely filed a case is ofCrime "Impossible Crime Criminal Liability; Impossible (2004) No, the prosecutor not correct in filing to a undoubtedly felonious (at least slight who tried to avoid such danger by jumping Because Cesar had a weak heart, he suffered Commit Kidnapping" against Enrique. Is cothe OZ and YO were both courting their case for "impossible crime to commit coercion) there was no cause for Olive to fall out of the jeepney (People v. Arpa, 27 SCRA a heart attack upon Why? opening his backpack prosecutor correct? (3%) employee, SUE. Because of their bitter kidnapping" Enrique. Impossible over her baby. In short, Rustom's felonious 1037). and seeing theagainst snake. Cesar died without rivalry, OZ decided to get rid of YO by crimes are limited only to acts which act is the cause of the evil caused. Any when regaining consciousness. The police poisoning him. OZ poured a substance into performed would be a crime against persons person performing a felonious act is Felipe investigation resulted in pinpointing as YO's coffee thinking it was arsenic. It and turned or property. As kidnapping is a crime against criminally liable for the direct, natural the culprit and he was charged with out that the substance was white sugar personal security and not against persons or logical consequence thereof although Homicide for Cesar's death. In his defense, Criminal Liability; Felonious Act; Proximate Cause (1997) substitute known as Equal. Nothing property, Enrique could not have incurred an different from what he did intended (Art. 4, par. Felipe the claimed that he not know about SUGGESTED ANSWER: While crew of a steamer prepared to happened to crime" YO after drank the coffee. "impossible to he commit kidnapping. 1, RFC; People vs, Pugay, et al, GR No. Cesar's weak heart and that he only intended SUGGESTED ANSWER: Yes, Felipe is at liable for the death of Cesar raise anchor theno Pasig River, A, evidently What criminal liability did OZ incur, if any? There is thus impossible crime of 74324, Nov. 18, 1988). to play a practical joke onbenefit Cesar. Is the Felipe OZ criminal liability for an but he shall be given the of Mala in incurred Se vs. Mala Prohibita (1997) impatient with the progress of work, began Explain briefly. (5%) kidnapping. liable the death of Cesar or will his impossible crime of murder. Criminal liability mitigating circumstance that he did not 1 Distinguish between crimes mala inB, se and to usefor abusive language against the men. defense prosper? Why? (5%} shall be incurred by any person performing intend to commit so grave wrong as that crimes mala prohibita. one of the members of the a crew, an act which would be an offense against which was committed (Art. 13, par. 3, RPC). 2 May ansaying act be that malum in se and be, at the remonstrated they could work When Felipe intruded into Cesar's room persons or property, were it not for same prohibitum? best iftime, they malum were not insulted. A took B's the without latter's consent took liberty inherent impossibility itsand accomplishment attitude the as a display of of insubordination and, with the letter's backpack where he placed a or on account of the employment of rising in a rage, moved towards B wielding the rubber snake. Felipe was already inadequate or ineffectual means (Art. 4, par. big knife and threatening to stab B. At the of In the problem given, the impossibility committing aA felony. Anda any act done by 2, RFC). instant when was only few feet from B, accomplishing the crime of murder, a crime him while committing a felony is no less the latter, apparently believing himself to be against persons, was due to thewere employment wrongful, considering that they part of in great and immediate peril, threw himself Felipe's claim that he intended "to play of ineffectual means which OZonly thought was SUGGESTED ANSWER: "plans to get even with Cesar". into the water, disappeared beneath the Yes. A can be held criminally liable for the to a practical joke on Cesar" does not liability poison. The law imputes criminal surface, drowned. May A beresulted, held death of and B,considering Article 4 ofno the Revised Penal persuade, that they are not only the offender although crime criminally liable for the death of B? Code provides incriminal part that criminal liability friends but in fact rivals in courting to suppress his propensity because
ALTERNATIVE ANSWER: shall be incurred by is any person committing Maryjane. This case is parallel to the case ofa subjectively, he a criminal though No, Felipe not liable because the act be of Criminal Liability; Impossible Crimes (1994) felony although the act done People vs. is Pugay , etwrongful al. objectively, no crime was committed. frightening another is not he a crime. What different from that which intended. In he U.S. did may be wrong, but not all wrongs vs. Valdez 41 Phil. 497. where the victim who amount to a crime. Because thewith act which was threatened by the accused a knife, jumped into the river but because

Criminal Law Bar Examination Q & A (1994-2006)

17 of 86 18
violation registry list of a ofspecial voters law is wrong is notper punished. se because Actual it disenfranchises injury is required. a voter Yes, of his both right areto liable vote. for In this attempted regard it estafa is considered thru falsification as malum of in se. commercial Since it is punished documents, under a complex a specialcrime. law (Sec. ... 101 and 103, Revised Election Code), it is Malum in Se vs. Malum Prohibitum (2005) considered malum prohibitum. Mala in Se vs. Mala Prohibita (1999) Distinguish malum in se from malum prohibitum. SUGGESTED ANSWER: Distinguish " mala in se" from " mala (2%) In crimes ANSWER: malum in se, an act is by nature SUGGESTED prohibita"(3%) In "mala evil in se", acts constituting the wrong, or the bad, and so generally crimes are inherently evil, bad wrong, and is condemned. The moral trait of or the offender hence involves the faith moral traitsof of the involved; thus, good or lack criminal offender; while in of "mala prohibita", the acts Intent on the part the offender is a defense, constituting the crimes are not inherently unless the crime is the result of criminal bad, evil or wrong but prohibited and made negligence. Correspondingly, modifying punishable only for considered public good. because circumstances are inAnd punishing the In crimes prohibitum, an act is not by the moral mala trait of the offender is Involved in offender. nature wrong, or bad. circumstances, Yet, it is punished "mala in se". evil Modifying the because there is of a participation law prohibiting them for offender's extent in the crime, public good, and of thus good faith or lack of and the degree accomplishment of the criminal intent in doing the prohibited actthe is crime are taken into account in imposing not a defense. penalty: these are not so in "mala prohibita" Mala in vs. Motive Se Intent vs. Mala (1996) Prohibita (2001) where criminal liability arises only when the Briefly Distinguish 1 state what essentially intent fromdistinguishes motive in a acts are consummated. crime mala Criminal Law. prohibita from a crime mala in SUGGESTED ANSWER: se. (2%) 2 May crime be committed without In crimes mala prohibita, the acts are not by criminal intent? nature wrong, evil or bad. They are punished only because there is a law prohibiting them for public good, and thus good faith or lack of criminal intent in doing the prohibited act is not a defense. In crimes mala in se, the acts are by nature wrong, evil or bad, and so generally condemned. The moral trait of the offender is involved; thus, good faith or lack of criminal Intent on the part of the offender is a defense, unless the crime is the result of criminal negligence. Correspondingly, modifying circumstances are considered in punishing the Mala in Se vs. Mala Prohibita (2003) offender. Distinguish, in their respective concepts and legal implications, between crimes mala in se and crimes mala prohibits. 4% In concept: Crimes mala in se are those where the acts or omissions penalized are inherently bad, evil, or wrong that they are almost universally condemned. Crimes mala prohibita are those where the acts penalized are not inherently bad, evil, or wrong but prohibited by law for public good, public welfare or interest and whoever violates the prohibition are penalized. In legal implications: In crimes mala in se, good faith or lack of criminal intent/ negligence is a defense, while in crimes mala prohibita, good faith or lack of criminal intent or malice is not a defense; it is enough that the prohibition was voluntarily violated.
SUGGESTED ANSWER:

Also, criminal liability is generally incurred in crimes mala in se even when the crime is only attempted or frustrated, while in crimes mala prohibita, criminal liability is generally incurred only when the crime is Also in crimes mala in se, mitigating and consummated. aggravating circumstances are appreciated in imposing the penalties, while in crimes mala prohibita, such circumstances are not appreciated unless the special law has adopted the scheme or scale of penalties under the Revised Penal Code. Mala Prohibita; Actual Injury Required (2000) Mr. Carlos Gabisi, a customs guard, and Mr. Rico Yto, a private Individual, went to the office of Mr. Diether Ocuarto, a customs broker, and represented themselves as agents of Moonglow Commercial Trading, an Importer of children's clothes and toys. Mr. Gabisi and Mr. Yto engaged Mr. Ocuarto to prepare and file with the Bureau of Customs the necessary Import Entry and Internal Revenue Declaration covering Moonglow's shipment. Mr. Gabisi and Mr. Yto submitted to Mr. Ocuarto a packing list, a commercial invoice, a bill of lading and a Sworn Import Duty Declaration which declared the shipment as children's toys, the taxes and duties of which were computed at P60,000.00. Mr. Ocuarto filed the aforementioned documents with the Manila International Container Port. However, before the shipment was released, a spot check was conducted by Customs Senior Agent James Bandido, who discovered that the contents of the van (shipment) were not children's toys as declared in the shipping documents but 1,000 units of video cassette recorders with taxes and duties computed at P600,000.00. A hold order and warrant of seizure and detention were then issued by the District Collector of Customs. Further investigation showed that Moonglow is non-existent. Consequently, Mr. Gabisi and Mr. Yto were charged with and convicted for violation of SUGGESTED ANSWER: Section 3(e) of R.A. 3019 which makes it Crimes mala in se are felonious acts unlawful among others, for public officers to committed by dolo or culpa as defined in the cause any undue Injury to any party, Revised Penal Code. Lack of criminal intent is including the Government. In the discharge of a valid defense, except when the crime official functions through manifest partiality, results from criminal negligence. On the evident bad faith or gross inexcusable other hand, crimes mala prohibita are those negligence. In their motion for considered wrong only because they are reconsideration, the accused alleged that the prohibited by statute. They constitute decision was erroneous because the crime SUGGESTED SUGGESTED ANSWER: ANSWER: violations of mere rules of convenience was not consummated butaccused was only at malum an Yes, an act may be of malum in se and Yes, the contention the the designed to secure a more orderly that regulation attempted stage, and that in fact the prohibitum at the same time. In People crime was not consummated is correct, RA. v. of the affairs of society. Government did not suffer any undue injury. Sunico, et aL. (CA 50 OG 5880) it was 3019 is a special law punishing acts malaheld a) Is the both accused that thecontention omission or failure of correct? election prohibita. As a rule, of attempted Explain. (3%) b) Assuming that the attempted inspectors and poll clerks to include a voter's or frustrated name in the stage of the violation charged is not punishable, may the accused be nevertheless convicted for an offense punished by the Revised Penal Code under the facts of the case? Explain. (3%)

Criminal Law Bar Examination Q & A (1994-2006)

It is not necessary to prove motive when the offender is positively identified or the criminal act did not give rise to variant crimes. Motive vs. Intent (2004) Distinguish clearly but briefly between intent and motive in the commission of an offense. Intent is the purpose for using a particular means to achieve the desired result; while motive is the moving power which impels a person to act for a definite result. Intent is an ingredient of dolo or malice and thus an element of deliberate felonies; while motive is not an element of a crime but only considered when the identity of the offender Motive; Proof thereof; Not Essential; Conviction (2006) is in doubt. Motive is essential in the determination of the commission of a crime and the liabilities of the perpetrators. What are the instances where proof of motive is not essential or required to justify conviction of an accused? SUGGESTED ANSWER: Give at least 3 instances. (5%) 1 When there is an eyewitness or positive identification of the accused. 2 When the accused admitted or confessed to SUGGESTED ANSWER: 1 Motive is the moving power which the commission of the crime. impels one to action for a definite result; 3 In crimes mala prohibita. whereas intent is the purpose to use a 4 In direct assault, when the victim, who is a particular means to effect such results. person in authority or agent of a person in authority was attacked in the actual performance Motive is not an essential element of a felony and need not be proved for purpose of of his duty (Art. 148, Revised Penal Code). conviction, while intent is an essential 5 In crimes committed through reckless element of felonies by dolo. imprudence. 2 Yes, a crime may be committed without criminal intent if such is a culpable felony, wherein Intent is substituted by negligence or imprudence, and also in a malum prohibitum or if an act is punishable by special law. Motive vs. Intent (1999) 1 Distinguish "motive" from "intent". 2 When is motive relevant to prove a case? When is it not necessary to be SUGGESTED ANSWER: established? Explain. (3%) 1 "Motive " is the moving power which impels a person to do an act for a definite result; while "intent" is the purpose for using a particular means to bring about a desired result. Motive is not an element of a crime but intent is an element of intentional crimes. Motive, if attending a crime, always precede the intent. 2 Motive is relevant to prove a case when there is doubt as to the identity of the offender or when the act committed gives rise to variant crimes and there is the need to determine the proper crime to be imputed to the offender.
SUGGESTED ANSWER:

Criminal Law Bar Examination Q & A (1994-2006)

John, an eight-year old boy, is fond of watching the television program "Zeo Rangers." One evening while he was engrossed watching his favorite television show, Petra, a maid changed the channel to enable her to watch "Home Along the Riles." This enraged John who got his father's revolver, and without warning, shot Petra at SUGGESTED ANSWER: the back of her head causing her No, John is not criminally liable for killing instantaneous death. Is John criminally Petra because he is only 8 years old when liable? [2%] he committed the killing. A minor below nine (9) years old is absolutely exempt from criminal liability although not from civil liability. (Art. 12, par. 2, RPC). Exempting; Minority; 11 yrs Old; Absence of Discernment (2000) While they were standing in line awaiting their vaccination at the school clinic, Pomping repeatedly pulled the ponytail of Katreena, his 11 years, 2 months and 13 days old classmate in Grade 5 at the Sampaloc Elementary School. Irritated, Katreena turned around and swung at Pomping with a ball pen. The top of the ball pen hit the right eye of Pomping which bled profusely. Realizing what she had caused. Katreena immediately helped Pomping. When investigated, she freely admitted to the school principal that she was responsible for the injury to Pomping's eye. After the incident, she executed a statement admitting her culpability. Due to the injury. Pomping lost his SUGGESTED ANSWER: right eye. a) Is Katreena criminally liable? a) No, Katreena is not criminally liable JUSTIFYING & EXEMPTING Why? (3%) b) Discuss the attendant although she is civilly liable. Being a minor CIRCUMSTANCES circumstances and effects (2%) over less than fifteen (15) yearsthereof. old although nine (9) years of age, she is generally Exempting Circumstances; Coverage (2000) exempt from criminal liability. The exception A, brother of B, with the intention of having a is where the prosecution proved that the act night out with his friends, took the coconut was committed with discernment. The shell which is being used by B as a bank for burden is upon the prosecution to prove that coins from inside their locked cabinet using The presumption iswith thatdiscernment. such minor acted the accused acted their common key. Forthwith, A broke the without discernment, and this is coconut shell outside of their home in the strengthened by the fact that Katreena only 1 What is the criminal liability of A, if any? presence of his friends. reacted with a ballpen which she must be Explain. (3%) using in class at the time, and only to stop 2 Is A exempted from criminal liability under Pomping's vexatious act of repeatedly pulling Article 332 of the Revised Penal Code for being a her ponytail. In other words, the injury was brother of B? Explain. (2%) b) The attendant circumstances which may accidental. SUGGESTED ANSWER: be considered are: a) A is criminally liable for Robbery with 1 Minority of the accused as an force upon things..... exempting circumstance under Article 12. paragraph 3, Rev. Penal Code, where she b) No, A is not exempt from criminal liability shall be exempt from criminal liability, unless under Art. 332 because said Article applies it was proved that she acted with only to theft, swindling or malicious mischief. discernment. She is however civilly liable; Here, the crime committed is robbery. 2 If found criminally liable, the minority of the accused as a privileged mitigating circumstance. A discretionary penalty lower by at least two (2)

degrees than that prescribed for the crime committed shall be imposed in accordance with Article 68. paragraph 1, Rev. Penal Code. The sentence, however, should automatically be suspended in accordance with Section 5(a) of Rep. Act No. 8369 otherwise 1 known Also if the found criminally liable, the ordinary as "Family Courts Act of 1997"; mitigating circumstance of not Intending to commit so grave a wrong as that committed, under Article 13, paragraph 3, Rev. Penal Code; and 2 The ordinary mitigating circumstance of sufficient provocation on the part of the offended party immediately preceded the act.

19 of (1998) 86 Exempting Circumstances; Minority

Justifying vs. Exempting Circumstances (2004) Distinguish clearly but briefly: Between justifying and exempting circumstances in SUGGESTED ANSWER: criminal law. Justifying circumstance affects the act, not the actor; while exempting circumstance affects the actor, not the act. In justifying circumstance, no criminal and, generally, no civil liability is incurred; while in exempting circumstance, civil liability is generally incurred although there is no criminal liability. Justifying vs. Exempting Circumstances (1998) Distinguish between justifying and exempting circumstances. [3%] 1. In Justifying 1 The circumstance affects the act, not Circumstances : the actor; 2 The act is done within legal bounds, hence considered as not a crime; 3 Since the act is not a crime, there is no criminal nor civil liability. Whereas, criminal; in an 4 Exempting There being no crime nor criminal, 1 affects the actor, not Circumstances : there isThe no circumstance the act; 2 The act is felonious and hence a crime but the actor acted without voluntariness; 3 Although there is a crime, there is no criminal because the actor is regarded only as an instrument of the crime; 4 There being a wrong done but no criminal.
SUGGESTED ANSWER:

Criminal Law Examination Q & A (1994-2006) Criminal Law Bar Examination Q &Bar A (1994-2006)

21 of 86

20 of 86

Qualifying; Elements of a Crime (2003) Justifying; SD; Defense of Honor; Requisites (1998) When would qualifying circumstances be One night, Una, a young of married woman, deemed, if at all, elements a crime? 4% SUGGESTED was soundANSWER: asleep in her bedroom when she A qualifying circumstance would beit deemed felt a man on top of her. Thinking was her an element of a crime when husband Tito, who came home a day early 1 it changes nature of him the crime, from his business the trip, Una let have sex bringing a more crime and a with her.about After the act,serious the man said, "I hope heavier penalty; you enjoyed it as much as I did." Not 2 it is essential to the crime involved, recognizing the voice, it dawned upon Lina otherwise some other crime is committed; and that the man was not Tito, her husband. 3 it is specifically alleged in the Information Furious, Una took out Tito's gun and shot the SUGGESTED ANSWER: and proven during the homicide trial. man. Charged with Una denies No, Una's claim that she acted in defense of culpability on the ground of defense of honor, is not tenable because the unlawful honor. Is her claim tenable? [5%] aggression on her honor had already ceased. Defense of honor as included in self-defense, must have been done to prevent or repel an unlawful aggression. There is no defense to speak of where the unlawful aggression no Justifying; Defense of Honor; Elements (2000) longer exists. Osang, a married woman in her early twenties, was sleeping on a banig on the floor of their nipa hut beside the seashore when she was awakened by the act of a man mounting her. Thinking that it was her husband, Gardo,who had returned from fishing in the sea, Osang continued her sleep but allowed the man, who was actually their neighbor, Julio, to have sexual intercourse with her. After Julio satisfied himself, he said "Salamat Osang" as he turned to leave. Only then did Osang realize that the man was not her husband. Enraged, Osang grabbed a balisong from the wall and stabbed Julio to SUGGESTED ANSWER: death. When tried for homicide, Osang No, Osang"s claim of defense of honor should claimed defense of honor.the Should the claim not be sustained because aggression on be sustained? (5%) her honor hadWhy? ceased when she stabbed the aggressor. In defense of rights under paragraph 1, Art. 11 of the RPC, It is required inter alia that there be (1) unlawful aggression, and (2) reasonable necessity of the means employed to prevent or repel it. The unlawful aggression must be continuing Justifying; Defense of Honor; Requisites (2002) when the aggressor was injured or disabled When But if the A arrived aggression home, that he found was begun by the his by the person making a defense. B raping daughter. injured or Upon disabled seeing party A, B already ran away. ceased A took to his gun exist when and the shot accused B, killing attacked him. Charged him, as with in homicide, the case A atclaimed bar, the he acted attackinmade defense is of a his daughter's retaliation, and honor. not a Is defense. A correct? Paragraph If not, can 1, A claim Article 11 of the the benefit Code does of not any govern. mitigating SUGGESTED ANSWER: Hence, Osang's of stabbing Julio circumstance or act circumstances? (3%)to death No, Athe cannot validly invoke was defense of his after sexual intercourse finished, is daughter's honor having killed since the not defense of in honor but an Bimmediate rape was already consummated; moreover, vindication of a grave offense committed B already ran away, hence, there was no against her, which is only mitigating. aggression defend against and no (1996) defense Justifying; SD; to Defense of Property; Requisites to speak of. upon seeing a man scale the wall of a factory A security guard, compound which he was guarding, shot and

A may, however, invoke by the benefit of the killed the latter. Upon investigation the police who thereafter mitigating arrived at the scene circumstance of the shooting,of it was having discovered acted that the in victim was unarmed. When prosecuted for homicide, the to immediate vindication of a grave offense security guard claimedhis that he merely actedunder in self-defense a descendant, daughter, par. of 5, property in the of his duty as a security guard. Article and 13 of performance the Revised Penal Code, as Justifying; Defense Stranger (2002)him of homicide? If you were the judge,of would you convict amended. A chanced upon three men who were Explain. attacking B with fist blows. C, one of the men, SUGGESTED was about ANSWER: to stab B with a knife. Not knowing Yes. I was would convict the securitybecause guard for that B actually the aggressor he Homicide if I were the Judge, because his had earlier challenged the three men to a claim ofshot having acted in defense of property fight, A C as the latter was about to stab and in performance a duty of cannot fully be B. May A invoke the of defense a stranger as SUGGESTED ANSWER: justified. Even assuming that the victim was a justifying circumstance in his favor? Why? Yes. A the justifying scaling the may wall of invoke the factory compound to (2%) circumstance of defense of stranger he commit a crime inside the same, since shooting was is not involved in the even fight and he shot C him never justifiable, admitting that when act the is latter was about to stab B. There such considered unlawful aggression being no indication that A was induced 121 by on property rights. In People vs. Narvaes, revenge, resentment or anyto other SCRA 329, a person is justified defendevil his motive in shooting C, the his elements act is justified property rights, but all of selfunder par 3, Article 11 of the be Revised Penal defense under Art. 11, must present. In Justifying; of Duty; Requisites (2000) Code, as Fulfillment amended. the instant case, just like in Narvaes, the Lucresia, a store owner, was robbed of her second element (reasonable necessity of the Justifying; SD; of Property; Requisites (2003) bracelet in Defense her home. The following day, at means employed) is absent. Hence, he The accused his family in a about 5 o'clock lived in the with afternoon, a neighbor, should be convicted of homicide but entitled neighborhood that often scene of 22-year old Jun-Jun, who was had the an unsavory to incomplete self-defense. frequent robberies. Atstore one time, past reputation, came to her to buy bottles midnight, the accused went downstairs with a of beer. Lucresia noticed her bracelet wound loaded gun to investigate what As he soon thought around the right arm of Jun-Jun. as werelatter footsteps an uninvited guest. After the left, of Lucresia went to a nearby seeing station what appeared to the him help an armed police and sought of a stranger looking around out Reyes. to rob He the policeman on duty, Pat.and Willie house, he fired his gun seriously injuring the went with Lucresia to the house of Jun-Jun to man. When lights were turned on, the confront the the latter. Pat. Reyes introduced unfortunate turned out to be brotherhimself as a victim policeman and tried toaget hold in-law on his way to the and kitchen to get some of Jun-Jun who resisted ran away. Pat. SUGGESTED ANSWER: light snacks. The accused was indicted for Reyes chased him and fired two warning The accused should be convicted because, serious physical injuries. Should the accused, shots in the air. Jun-Jun continued to run and even assuming the facts to be true in his given he the circumstances, be convicted or when about 7 meters away,when Pat, belief, his was act of shooting a burglar acquitted? Why? 4% Reyes shot him in the right leg. Jun-Jun was there is no unlawful aggression on his person hit fell down but he crawled towards is and not he justified. Defense of property or a fence, intending to pass through property right does not justify the act an of opening underneath. When Pat. the Reyes was firing a gun at a burglar unless life and about 5 the meters away, fired another shot limb of accused is he already in imminent at Jun-Jun hitting him at the right lower hip. and immediate danger. Although the ALTERNATIVE ANSWER: Pat. Reyes brought Jun-Jun to the hospital, SUGGESTED ANSWER: accused acted out of a misapprehension of Considering the given circumstances, namely; No, defense Pat. Reyes is not tenable. but because profuse bleeding, he the the facts, he is of not absolved from criminal the frequent robberies in the neighborhood, The defense of acted in the eventually died. Pat having Reyes was subsequently liability. the time with was past and the victim fulfillment of a duty midnight, requires as a condition, charged homicide. During the trial, Pat appeared to be an burglar the dark inter that the injury orin way offense Reyes alia, raised thearmed defense, by of and inside his house, the accused could have committed be the he unavoidable or necessary exoneration, that acted in the fulfillment entertained an honest belief that his Explain. life and consequence of the due performance of the of a duty. Is the defense tenable? limb or those of his family are already in duty (3%) (People vs. Oanis, et.al., 74 Phil. 257). It is immediate and imminent danger. Hence, not enough that the accused acted init After Jun-Jun was shot in the right leg acted and may be reasonable to accept that he fulfillment of a duty. wasof already crawling, there wasand no need for out an honest mistake of fact therefore Pat, Reyes to shoot him An further. Clearly, Pat. without criminal intent. honest mistake of Reyesnegatives acted beyond the call of duty fact criminal intent andwhich thus brought the cause of death of the absolves about the accused from criminal liability. victim.

22 of 86
a) Jonas and Jaja, can be charged with the complex crime of attempted murder with homicide because a single act caused a less grave and a grave felony (Art. 48. RPC).... b) If I were Jonas' and Jaja's lawyer, I will use the following defenses: 1 That the accused had no intention to commit so grave a wrong as that committed as they merely intended to frighten Jepoy; 2 That Jonas committed the crime in a state of intoxication thereby impairing his will power or capacity to understand the wrongfulness of his act. Nonintentional intoxication is a mitigating circumstance (People us. Fortich, 281 SCRA
600 (1997); Art. 15, RPC.).

ALTERNATIVE ANSWER:

A qualifying circumstance is deemed an element of a crime when it is specifically stated by law as included in the definition of a crime, like treachery in the crime of murder.

MITIGATING CIRCUMSTANCES
Mitigating; Non-Intoxication (2000) Despite the massive advertising campaign in media against firecrackers and gun-firing during the New Year's celebrations, Jonas and Jaja bought ten boxes of super lolo and plapla in Bocaue, Bulacan. Before midnight of December 31, 1999, Jonas and Jaja started their celebration by having a drinking spree at Jona's place by exploding their highpowered firecrackers in their neighborhood. In the course of their conversation, Jonas confided to Jaja that he has been keeping a long-time grudge against his neighbor Jepoy in view of the latter's refusal to lend him some money. While under the influence of liquor, Jonas started throwing lighted super lolos inside Jepoy's fence to irritate him and the same exploded inside the latter's yard. Upon knowing that the throwing of the super lolo was deliberate, Jepoy became furious and sternly warned Jonas to stop his malicious act or he would get what he wanted. A heated argument between Jonas and Jepoy ensued but Jaja tried to calm down his friend. At midnight, Jonas convinced Jaja to lend him his .45 caliber pistol so that he could use it to knock down Jepoy and to end his arrogance. Jonas thought that after all, explosions were everywhere and nobody would know who shot Jepoy. After Jaja lent his firearm to Jonas, the latter again started started throwing lighted super lolos and pla-plas at Jepoy's yard in order to provoke him so that he would come out of his house. When Jepoy came out, Jonas immediately shot him with Jaja's .45 caliber gun but missed his target. Instead, the bullet hit Jepoy's five year old son who was SUGGESTED ANSWER: following behind him, killing the boy instantaneously, a) What crime or crimes can Jonas and Jaja be charged with? Explain. (2%) b) If you were Jonas' and Jaja's lawyer, what possible defenses would you set up in favor of your clients? Explain. (2%) c) If you were the Judge, how would you decide the case? Explain. (1%)

Criminal Law Bar Examination Q & A (1994-2006)

23 of 86
1 spontaneous, i.e., indicative of acknowledgment of guilt and not for convenience nor conditional; 2 made before the government incurs expenses, time and effort in tracking down the offender's whereabouts; and 3 made to a person in authority or the latter's agents.

could have continued to elude arrest. Accordingly, the surrender of the accused should be considered mitigating because it was done spontaneously, indicative of the remorse or repentance on the part of said accused and therefore, by his surrender, the ALTERNATIVE ANSWER: accused saved the Government expenses, Voluntary surrender may not be appreciated efforts, and time. in favor of the accused. Two years is too long a time to consider the surrender as spontaneous (People us. Ablao, 183 SCRA 658) . For sure the government had already incurred considerable efforts and expenses in looking for the accused. Plea of guilty can no longer be appreciated as a mitigating circumstance because the prosecution had already started with the presentation of its evidence (Art. 13, par. 7. Revised Penal Code). Mitigating; Voluntary Surrender (1996) Hilario, upon seeing his son engaged in a scuffle with Rene, stabbed and killed the latter. After the stabbing, he brought his son home. The Chief of Police of the town, accompanied by several policemen, went to Hilario's house, Hilario, upon seeing the approaching policemen, came down from his house to meet them and voluntarily went with them to the Police Station to be investigated in connection with the killing. When eventually charged with and convicted of homicide, Hilario, on appeal, faulted the SUGGESTED ANSWER: trial for is not appreciating in mitigating his favor Yes, court Hilario entitled to the the mitigating circumstance of voluntary circumstance of voluntary surrender. The crux surrender. Is he entitled to such a that mitigating of the issue is whether the fact Hilario circumstance? Explain. went home after the incident, but came down and met the police officers and went with them is considered "Voluntary surrender," The voluntariness of surrender is tested if the same is spontaneous showing the intent of the accused to submit himself unconditionally to the authorities. This must be either (a) because he acknowledges his guilt, or (b) because he wishes to save them the trouble and expenses necessarily incurred in his search and capture. (Reyes' Commentaries, p. 303). Thus, the act of the accused in hiding after commission of the crime, but voluntarily went with the policemen who had gone to his Mitigating; Voluntary Surrender; Elements (1999) hiding place to investigate, was considered held to be When is surrender by an accused mitigating People vs. Dayrit, cited voluntary, circumstance.( and constitutive of the mitigating
in Reyes' Commentaries, p. 299) circumstance of voluntary surrender? (3%)
SUGGESTED ANSWER:

A surrender by an offender is considered voluntary when it is spontaneous, indicative of an intent to submit unconditionally to the authorities. To be mitigating, the surrender must be:

Mitigating; Plea of Guilty (1999) An accused charged with the crime of homicide pleaded "not guilty" during the preliminary investigation before the Municipal Court. Upon the elevation of the case to the Regional Trial Court the Court of competent jurisdiction, he pleaded guilty freely and voluntarily upon arraignment. Can his plea of guilty before the RTC be considered spontaneous and thus entitle him SUGGESTED ANSWER: to the mitigating circumstance of Yes, his plea of guilty before the Regional spontaneous plea of guilty under Art. 13(7), Trial Court can be considered spontaneous, RPC? (3%) for which he is entitled to the mitigating circumstance of plea of guilty. His plea of not guilty before the Municipal Court is immaterial as it was made during preliminary investigation only and before a court not Mitigating; Plea ofrender Guilty; Requisites (1999) competent to judgment. In order that the plea of guilty may be mitigating, what requisites must be SUGGESTED ANSWER: complied with? (2%) For plea of guilty to be mitigating, the 1 That the accused spontaneously requisites are: pleaded guilty to the crime charged; 2 That such plea was made before the court competent to try the case and render judgment; and 3 That such plea was made prior to the presentation of evidence for the prosecution. Mitigating; Plea of Guilty; Voluntary Surrender (1997) After killing the victim, the accused absconded. He succeeded in eluding the police until he surfaced and surrendered to the authorities about two years later. Charged with murder, he pleaded not guilty but, after the prosecution had presented two witnesses implicating him to the crime, he changed his plea to that of guilty. Should the mitigating circumstances of voluntary SUGGESTED ANSWER: surrender and plea of guilty be considered in Voluntary surrender should be considered as favor of the accused? a mitigating circumstance. After two years, the police were still unaware of the whereabouts of the accused and the latter

Criminal Law Bar Examination Q & A (1994-2006)

Aggravating Circumstances; Generis vs. Qualifying (1999) Distinguish generic aggravating circumstance from qualifying aggravating circumstance. Generic Aggravating 1 affects only Circumstances : the imposition of the penalty prescribed, but not the nature of the crime committed; 2 can be offset by ordinary mitigating circumstances; 3 need not be alleged in the Information as long as proven during the trial, the same shall be Qualifying Aggravating considered in imposing the sentence. 1 must be alleged in the Information and Circumstances: proven during trial; 2 cannot be offset by mitigating circumstances; 3 affects the nature of the crime or brings about a penalty higher in degree than that ordinarily prescribed.
SUGGESTED ANSWER:

AGGRAVATING CIRCUMSTANCES
Aggravating Circumstances (1996) Jose, Domingo, Manolo, and Fernando, armed with bolos, at about one o'clock in the morning, robbed a house at a desolate place where Danilo, his wife, and three daughters were living. While the four were in the process of ransacking Danilo's house, Fernando, noticing that one of Danilo's daughters was trying to get away, ran after her and finally caught up with her in a thicket somewhat distant from the house. Fernando, before bringing back the daughter to the 1 crime did Jose, Domingo, Manolo house, What raped her first. Thereafter, the four and Fernando commit? Explain. carted away the belongings of Danilo and his 2 family. Suppose, after the robbery, the four took turns in raping the three daughters of Danilo inside the latter's house, but before they left, they killed the whole family to prevent identification, what crime did the four commit? Explain. 3 Under the facts of the case, what aggravating circumstances may be SUGGESTED ANSWER: appreciated against the four? Explain. a) Jose, Domingo, and Manolo committed Robbery, while Fernando committed complex crime of Robbery with Rape... b) The crime would be Robbery with Homicide because the killings were by reason (to prevent identification) and on the occasion of the robbery. The multiple rapes committed and the fact that several persons were killed [homicide), would be considered as aggravating circumstances. The rapes are synonymous with Ignominy and the additional killing synonymous with cruelty, (People vs.
Solis, 182 SCRA; People vs. Plaga, 202 SCRA 531)

c) The aggravating circumstances which may be considered in the premises are: 1 Band because all the four offenders are armed; 2 Noctumity because evidently the offenders took advantage of nighttime; 3 dwelling; and 4 Uninhabited place because the house where the crimes were committed was "at a desolate place" and obviously the offenders took advantage of this circumstance in committing the crime.

Criminal Law Bar Examination Q & A (1994-2006)

24 of 86

Aggravating; Must be alleged in the information (2000) Rico, a member of the Alpha Rho fraternity, SUGGESTED ANSWER: was killed by Pocholo, a member of the rival No, the appeal is not meritorious. Recidivism group, Sigma Phi Omega. Pocholo was and habitual delinquency are correctly prosecuted for homicide before the Regional considered in this case because the basis of Trial Court in Binan, Laguna. During the trial, recidivism is different from that of habitual the prosecution was able to prove that the delinquency. killing was committed by means of poison in Juan is a recidivist because he had been consideration of a promise or reward and previously convicted by final judgment for with cruelty. If you were the Judge, with what theft and again found guilty for Robbery with SUGGESTED ANSWER: crime will you convict Pocholo? Explain. (2%) Pocholo should be convicted of the crime of Homicide, which are both crimes against homicide only because the aggravating property, embraced under the same Title circumstances which should qualify the (Title Ten, Book Two] of the Revised Penal crime to murder were not alleged in the Code. The implication is that he is Information. specializing in the commission of crimes The circumstances of using poison, in against property, hence aggravating in the Habitual delinquency, brings about an consideration of a promise or reward, and conviction for Robbery which with Homicide. additional penalty when an offender is cruelty which attended the killing of Rico convicted a third time or more for specified could only be appreciated as generic crimes, is correctly considered ... aggravating circumstances since none of Aggravating; Recidivism vs. Quasi-Recidivism Aggravating Circumstances; Kinds & Penalties(1998) (1999) them have been alleged in the information to Distinguish between recidivism and quasiName the four (4) kinds of aggravating qualify the killing to murder. A qualifying recidivism. [2%] circumstances and state their effect on the circumstance must be alleged in the SUGGESTED penalty of ANSWER: crimes and nature thereof. (3%) Information and proven beyond reasonable In recidivism SUGGESTED ANSWER: Aggravating; Nighttime; Band doubt during the trial to(1994) be appreciated as 1 The convictions of the offender are for The four (4) kinds of aggravating circumstances At about 9:30 in the evening, while Dino and such. crimes embraced in the same Title of the that Revised Raffy were walking along Padre Faura Street, 1) GENERIC AGGRAVATING or those are: Penal can generally Code; and apply to all crimes, and can be Manila. Johnny hit them with a rock injuring 2 This circumstance is generic aggravating offset by mitigating circumstances, but if not Dino at the back. Raffy approached Dino, but and offset, therefore would affect can be only effect theby maximum an ordinary of the suddenly, Bobby, Steve, Danny and Nonoy mitigating circumstance. penalty prescribed by law; surrounded the duo. Then Bobby stabbed 2) SPECIFIC AGGRAVATING or those that Dino. Steve, Danny, Nonoy and Johnny kept Whereas in quasi-recidivlsm - and cannot apply only to particular crimes on hitting Dino and Raffy with rocks. As a 1 The are not for crimes be offset byconvictions mitigating circumstances: result. Dino died, Bobby, Steve, Danny, embraced in the same CIRCUMSTANCES Title of the Revised Penal 3) QUALIFYING or Nonoy and Johnny were charged with Code, those that provided change that the it is nature a felony of the thatcrime was to homicide. Can the court appreciate the committed by or the offender before serving sentenceSUGGESTED ANSWER: a graver one, brings about a penalty next aggravating circumstances of nighttime and No, nighttime cannot be appreciated as an by higher final in judgment degree,for and another cannot crime be offset or while by band? 4) INHERENT AGGRAVATING or those aggravating circumstance because there is serving sentence for another crime; and mitigating circumstances; that essentially accompany commission 2 This circumstance is a the special aggravating no indication that the offenders deliberately of the crime and does not affect the penalty sought the cover of darkness to facilitate the circumstance which cannot be offset by any whatsoever. commission of the crime or that they took mitigating circumstance. Aggravating; Cruelty; Relationship (1994) advantage of nighttime (People vs. De los Ben, a widower, driven by bestial desire, Reyes, 203 SCRA 707). Besides, judicial notice poked a gun on his daughter Zeny, forcibly can be taken of the fact that Padre Faura However, band should be considered as the undressed her and tied her legs to the bed. Street is well-lighted. crime was committed by more than three He also burned her face with a lighted armed malefactors; in a recent Supreme cigarrete. Like a madman, he laughed while SUGGESTED ANSWER: Court decision, stones or rocks are raping her. What aggravating circumstances a) Cruelty, for burning the victim's face with considered deadly weapons. are present in this case? a lighted cigarrete, thereby deliberately Aggravating; Recidivism (2001) augmenting the victim's suffering by acts Juan de Castro already had three (3) previous clearly unnecessary to the rape, while the convictions by final judgment for theft when offender delighted and enjoyed seeing the he was found guilty of Robbery with victim suffer in pain (People vs. Lucas, 181 Homicide. In the last case, the trial Judge b) Relationship, because the offended party SCRA 316). considered against the accused both is a descendant (daughter) of the offender recidivism and habitual delinquency. The and considering that the crime is one against accused appealed and contended that in his chastity. last conviction, the trial court cannot consider against him a finding of recidivism and, again, of habitual delinquency. Is the appeal meritorious? Explain. (5%)

25 of 86
Would you say that the killing was attended by the qualifying or aggravating circumstances of evident premeditation, SUGGESTED treachery, ANSWER: nighttime and unlawful entry? 1. Evident premeditation cannot be considered against the accused because he resolved to kill the victim "later in the night" and there was no sufficient lapse of time between the determination and execution, to allow his conscience to overcome the 2. TREACHERY may resolution of his will.be present because the accused stabbed the victim while the latter was sound asleep. Accordingly, he employed means and methods which directly and specially insured the execution of the act without risk himself arising from the defense which the victim might have made (People vs.
Dequina. 60 Phil. 279 People vs. Miranda, et at. 3. Nighttime 90 Phil. 91). cannot be appreciated because

there is no showing that the accused deliberately sought or availed of nighttime to insure the success of his act. The Intention to commit the crime was conceived shortly before its commission (People vs Pardo. 79 Phil, 568). Moreover, nighttime is absorbed in 4. UNLAWFUL ENTRY may be appreciated as treachery. an aggravating circumstance, inasmuch as the accused entered the room of the victim through the window, which is not the proper place for entrance into the house (Art. 14. par.

18. Revised Penal Code, People vs. Baruga 61 Phil. 318).

Aggravating; Treachery & Unlawful Entry (1997) The accused and the victim occupied adjacent apartments, each being a separate dwelling unit of one big house. The accused suspected his wife of having an illicit relation with the victim. One afternoon, he saw the victim and his wife together on board a vehicle. In the evening of that day, the accused went to bed early and tried to sleep, but being so annoyed over the suspected relation between his wife and the victim, he could not sleep. Later in the night, he resolved to kill victim. He rose from bed and took hold of a knife. He entered the apartment of the victim through an unlocked window. Inside, he saw the victim soundly asleep. He thereupon stabbed the victim, inflicting several wounds, which caused his death within a few hours.

Criminal Law Bar Examination Q & A (1994-2006)

26 of 86
1 accused, who is not a principal or accomplice in the crime, buys, receives, possesses, keeps, acquires, conceals, or disposes, or buys and sells, or in any manner deals in any article, item , object or anything of value, which has been derived from the proceeds of said crime; 2 the accused knows or should have known that said article, item, object or anything of value has been derived from the from the proceeds of the crime of robbery or theft; and 3 there is on the part of the accused, intent to gain for himself or for another.

Road, Las Pinas, Metro Manila. She testified during the trial that she merely bought the same from one named Cecilino and even produced a receipt covering the sale. Cecilino, in the past, used to deliver to her jewelries for sale but is presently nowhere to be found. Convicted by the trial court for violation of the Anti-Fencing Law, she argued (or her acquittal on appeal, contending that the prosecution failed to prove that she SUGGESTED ANSWER: knew or should have known that the No, Flora's defense is not well-taken because Jewelries recovered from her were the mere possession of any article of value which proceeds of the crime of robbery or theft. has been the subject of theft or robbery shall be prima facie evidence of fencing (P.D.No. 1612). The burden is upon the accused to prove that she acquired the jewelry legitimately. Her defense of having bought the Jewelry from someone whose whereabouts is unknown, does not overcome the presumption of fencing against her (Pamintuan vs People, G.R 111426, 11 July 1994). Buying personal property puts the buyer on caveat because of the phrases that he should have known or ought to know that it is the proceed from robbery or theft. Besides, she Fencing should have followed Anti-Fencing Law; vs. Theft or Robbery (1995) the administrative procedure under the decree What is the difference between a fence and that of getting a clearance from the an accessory to theft or robbery? Explain. Is authorities in case the dealer is unlicensed in there any similarity between them? order to escape liability. SUGGESTED ANSWER: One difference between a fence and an accessory to theft or robbery is the penalty involved; a fence is punished as a principal under P.D. No. 1612 and the penalty is higher, whereas an accessory to robbery or theft under the Revised Penal Code is punished two degrees lower than the principal, unless he bought or profited from the proceeds of theft or robbery arising from robbery in Philippine highways under P.D. No. 532 where he is punished as an Also, fencing is a the malum prohibitum and accomplice, hence penalty is one degree therefore there is no need to prove criminal lower. intent of the accused; this is not so in SUGGESTED of ANSWER: violations Revised Penal Code. Yes, there is a similarity in the sense that all the acts of one who is an accessory to the crimes of robbery or theft are included in the acts defined as fencing. In fact, the accessory in the crimes of robbery or theft could be prosecuted as such under the Revised Penal Code or as a fence under P.D. No. 1612. (Dizon-Pamintuan vs. People, 234 Anti-Fencing Law; Fencing; Elements (1995) SCRA 63] What are the elements of SUGGESTED ANSWER: fencing? The elements of fencing are: a. a crime of robbery or theft has been committed;

ALTERNATIVE CIRCUMSTANCES
Alternative Circumstances; Intoxication (2002) A was invited to a drinking spree by friends. After having had a drink too many, A and B had a heated argument, during which A stabbed B. As a result, B suffered serious physical injuries. May the intoxication of A SUGGESTED ANSWER: be considered aggravating or mitigating? The intoxication of A may be prima facie (5%) considered mitigating since it was merely incidental to the commission of the crime. It may not be considered aggravating as there is no clear indication from the facts of the case that it was habitual or intentional on the part of A. Aggravating circumstances are not to be presumed; they should be proved beyond reasonable doubt PERSONS Criminally Liable for

FELONIES
Anti-Fencing Law; Fencing (1996) Flora, who was engaged in the purchase and sale of jewelry, was prosecuted for the violation of P.D. 1612, otherwise known as the Anti-Fencing Law, for having been found to be in possession of recently stolen Jewelry valued at P100,000.00 at her jewelry shop at Zapote

SUGGESTED ANSWER: Complex Crimes; Coup detat & rebellion & blow sedition 1 February held more celebration The crime, maximum 9) Where On decision liable crimes the Those If the you death as by accused provided were resulted. of who, an 10, having the accessory. penalty 1986, the upon trial however a Judge, This therein, drinking the judge can heis approval Will appealed be what provided did is imposed spree MCB's i.e. not action not of correct. twelve at agree to for the will the in you probation. Aberratio The No. two because the or A or purpose penalty fine, date more he ictus The whether of also mitigating of birth specifically or the law had mistake of law uses imposed his the in circumstances own the offended fixing in provided as long-standing word the the a single party "maximum minimum for and occurs or the no as The penalty of reclusion perpetua and the Penalties; Homicide w/ Modifying Circumstance (1995) (2003) defense modified Jona's When since years. law he Court take would (December on the the place of (People the prosper? form offender Appeals. offender only application? by in vs. exploding 5, be Reason the 1933). is Rosalina made Several credited already first Discuss had use briefly. their part Reyes, months of with been of high-powered legal of an fully. (5%) 4/5 Article sentenced 186 automatic age later, of SCRA the 48, he when term an aggravating term", special alternative of a and complex the felonious not circumstances, sentence penalty, total crime act term. should that is missed to the It shall not set ispenalty enough the and be the applied person cannot grace next that grudge pursuant against to C, Section who had 40, wronged Rule 130 him of the in penalty of life Imprisonment are totally SUGGESTED ANSWER: Homer was convicted of homicide. The trial 1) Can there be a complex crime of coup 184) Revised firecrackers firearm, when by time filed 2 final ahe Suppose motion he Judgment; the committed Penal in acts had their to Code, that withdraw committed neighborhood. the undergone Vincent limiting crime. the was are the appeal convicted determined preventive In resulting the on the of a against period be lower each the according reduced Rules past. of in at whom the degree If on which to C prison or Evidence is the it converted killed should the was rules terms convict directed by shall be on B, does into imposed. would imposition be may and sufficient a not prison be Ahit exceed be For released instead liable of term. but the six No, MCB's defense will not prosper because Indeterminate Sentence Law (1999) SUGGESTED different from ANSWER: each other and therefore, 10) Those sentenced to the penalty of court appreciated the following modifying d'etat with rebellion? 2% 2) Can there be a crimes course by imprisonment. ground crime the for of that to which their number only he conversation, he is grave applying was of sentenced bullets and/or for Jonas probation. less to discharged confided a maximum grave On somebody on There purposes years. penalty. parole The isunder of no from who number the rule was Indeterminate imprisonment, for of not offenses transmutation the intended Sentence unless is immaterial victim. of by Law, the his as a only principal by the inducement? following circumstances: (5%) No. A would not be liable as ato principal by the exemption from criminal liability of an Andres is charged with an offense defined by not be interchangeably. Penalties; Reclusion Perpetua (RA) No. 7959 (2005) Continuing Offense vs. Delito Continuado (1994) Circumstance no. 3 no longer operates, destierro or suspension. circumstances: the aggravating circumstance complex crime of coup d'etat with sedition? felonies. to inasmuch May penalty Jaja 7, that 1987, of Hence, as ten he the the (10) has firearm Court light been years. felonies of keeping being Under Appeals automatic, are the a granted long-time excluded law, he the the is not should Error conduct amount the for (a) as penalty in If long the he personae, of next as victim is used a not the lower fine is deserving penalties or alleged in mistake degree into imposed, of a be should parole in below term identity be when and 3 of Reclusion perpetua is a penalty prescribed inducement because the reward he promised accessory by virtue of relationship with the a special law. The penalty prescribed for the Under Article 27 of the Revised Penal Code, Differentiate delito continuado from a considering the decision of the Supreme of nocturnity, and the mitigating 2% even grudge offender motion eligible though and against for need probation. considered resulting his only neighbor press He from the seasonably appeal the Jepoy the trigger same in withdrawn. view appealed single once of his taken occurs thus imprisonment. determined he individually when shall without the (People continue felonious and regard v. separately, Dacuycuy, serving as act towas whether his G.R. are directed prison No. within the Lyears of age and what is sought to be Indeterminate Sentence Law; Exceptions (2003) by the Revised Penal Code, with a fixed B is not the sole impelling reason which made principal does not cover accessories who SUGGESTED ANSWER: offense is imprisonment of not less than five COMPLEX CRIMES result when the offender as amended by Republic Act (RA) No. 7959, continuing offense. Court in People vs. Efren Mateo (G.R. circumstances of passion 45127 May 5, 1989) act. latter's the and conviction. it would While refusal fire affirming continually. to lendand him theobfuscation, For some judgment each money. death ofno at the term basic the proved probationable in penalty person Jail is but that provided intended, inshe period. no case is by less but the to than who Revised go beyond 7 turned years Penal old; the out When would the Indeterminate Sentence Law 1) Yes, if there was conspiracy between Penalties: Pecuniary Penalties vs. Pecuniary Liabilities duration of imprisonment from years SUGGESTED ANSWER: B kill C. To bring about criminal liability of a themselves profited from or assisted the Law; Order Denying Probation; Not On June 10, 1987, the the case (5) years but not more than ten [10) years. has to commit an offense as aof necessary reclusion perpetua shall be from 20 years 147678-87, July 7, 2004) providing an intent to commit so grave a wrong, illiteracy While caused conviction, under by a the the distinct appellate influence andrecords court separate of liquor, reduced bullet, Jonas the the penalty Probation toto maximum Code be should somebody term be fixed applied else. in Aberratio in the its sentence. maximum ictus brings orand (b) If the victim is alleged to 20 be below 7 DELITO CONTINUADO, or CONTINUOUS CRIME, be inapplicable? 4% the (2005) offender/ offenders committing the coup 1 day to 40 years, and carries it with co-principal, the inducement made by the Indeterminate Sentence Law (2005) offender to profit by the effects or proceeds Appealable (2002) were remanded to the trial court. Roberto Upon arraignment, he entered a plea of means for committing another offense. Only and 1 day to 40 years. Does this mean that intermediate review for such cases where voluntary surrender. The imposable started accused to a maximum throwing incurs of lighted four distinct (4) super years criminal lolos and inside four liability. (4) about minimum years at of period age least and as circumstances what two is sought (2) modifying felonious to be SUGGESTED ANSWER: is a term used to denote as only one crime d'etat and the offenders committing the Distinguish pecuniary penalties from accessory penalties. inducer must be the sole consideration which Harold was convicted of a crime defined and of the This non-exemption of an A was charged with homicide. After trial, he filed acrime. "Motion for Probation" praying that guilty. In the imposition of the proper penalty, one information shall be filed and if proven, reclusion perpetua is now a divisible penalty? the penalty imposed is death, reclusion penalty for homicide reclusion temporal the Jepoy's Hence, months it fence taking is not to into the irritate consideration act of him pressing and the certain the same trigger modifying consequence, liability may require. ie. the The attempted penalty next felony lower on a proved is that she is less than 12 years The Indeterminate Sentence Law is not Life imprisonment, on the other hand, is a series of felonious acts arising from a single SUGGESTED ANSWER: rebellion. By conspiracy, the crime of one pecuniary liabilities. (2%) caused the person induced to commit the penalized by a special penal law where the accessory, though related to the principal of was found guilty and sentenced to six (6) execution of his sentence be suspended, and should the Indeterminate Sentence Law be the penalty for the more serious crime shall Explain. (2%) perpetua or life imprisonment before they range of which is twelve (12) years and one exploded which circumstances. should inside be Vincent the considered latter's now yard. applies as producing Upon for probation. the the in degree old; intended (c) to If prision the victim victim correccional. who is was alleged not Therefore, to hit be and below the 1) those persons convicted of offenses applicable to: No, because the Supreme Court has SUGGESTED ANSWER: penalty prescribed by special laws, with no criminal resolution, not susceptible of division, In circumtances nos. 4 & 5, the death would 4) be In the absence crime of the of a other certificate and vice of live crime and without which the crime would not imposable penalty is from 6 months, the crime, is expressly provided in Art. 20 of years and one (1) day in prision mayor, as that a to probation officer be ordered to applied? If you were the Judge trying the be imposed. are elevated to the Supreme Court. (1) day twenty (20) years. Taking into knowing several How will felonies, you that rule the throwing on but his the application? of number the super of Discuss bullets lolo fully. as felony previously on the stated, unintended the minimum victim who should was hit. be 12 years of age and what is not sought to be punished with death or lifePecuniary liabilities do include Criminal Liability; Principal by Direct Participation; CoSUGGESTED ANSWER: repeatedly called the attention of the Bench fixed duration of imprisonment and without Complex Crimes; Crime vs. Nature Special & penalty Penalty Complex Involved Crime vs. (1999) Delito which are out in the same place and of at birth, authentic document, or the testimony penalty can be imposed if prescribed by theon versa. (1) day This of carried reclusion is possible temporal, because as the maximum. offender have been committed. The facts of the case 3 years, as maximum. the Revised Penal Code. minimum, to twelve (12) years and one conduct an Investigation and to submit a case, what penalty would you impose account the attendant aggravating and was which deliberate, actually produced Jepoy became them. furious and A within complex proved the range is crime that of of she arresto the is less first mayor than form 18 and under years the Art. imprisonment or reclusion perpetua; Yes, the Indeterminate Sentence Law should restitution, but include reparation of Principal by Indispensable Cooperation (2000) and the Bar to the fact that the penalties of any accessory penalty. Criminal Liability; Accessories & Fence (1998) Complex Crime; Aberratio Ictus, Error In Personae & Continuado The judge (2005) denied the motion on the ground about the same time, and violating one and What constitutes a complex crime? How State with reasons whether the court may law violated although its execution shall be in the coup victim's d'etat mother may be or any relatives person concerning or persons Prior to his conviction, he had been found indicate that B, the killer supposedly induced report on his probation. Andres? (4%) mitigating circumstances, and applying the sternly warned Jonas to stop his malicious act 48, maximum RPC Law: generally is within result. the range In error of prision in personae old. 2) those convicted of treason, conspiracy or be applied because the minimum Probation Proper Period (2005) damages caused, the indemnification for Despite the massive advertising campaign in SUGGESTED ANSWER: reclusion perpetua and life imprisonment are Penalties; Parricide w/ Mitigating Circumstance (1997) Praeter Intentionem (1999) King went to the house of Laura who Distinguish that pursuant the to Presidential following Decree from each No. the same penal provision. The acts done must many crimes maybe involved in aheated complex correctly impose the following penalties: the victim's age under the circumstances suspended when the convict becomes belonging guilty of vagrancy to the military and or imprisoned the national for ten by A, had his own reason to kill C out of awas Indeterminate Sentence Law, determine or he would get what he wanted. A only correctional one crime in its is committed maximum period. proposal to commit treason; 3) those Criminal Liability; Principal; Inducement & Participation imprisonment is more than one (1) year. It appears that there is one aggravating Maganda was charged with violation of the consequential damages, as well as fines and media against firecrackers and gun-firing SUGGESTED ANSWER: not synonymous and should be applied A and B pleaded guilty to the crime of What do you understand by aberratio ictus: alone. Laura offered him a intent drink and after 1990, which took effect on July 16,1986, no other: be impelled by one criminal or purpose, crime? What is the penalty therefor? (4%) insane before itto could be executed and while a) police above-stated, a or straight a public complainant's officer, penalty whereas sole of testimony rebellion 10 (10) days of arresto manor and fined fifty long standing grudge. proper penalty be imposed on the accused. argument between Jonas and Jepoy ensued convicted of misprision of treason, rebellion, (1994) An ORDINARY COMPLEX CRIME is made up of circumstance (nocturnity), and four Bouncing Checks Law (BP 22) punishable by cost of the proceedings. SUGGESTED ANSWER: SUGGESTED ANSWER: during the New Year's celebrations, Jonas and Likewise, the death penalty can be imposed correctly and as may be specified by the parricide. The court found three mitigating error in personae; and praeter intentionem? consuming three bottles of beer. King application for probation shall be entertained such that each act merely constitutes amade partial can suffice, provided that it is expressly and he is insane. months; does pesos not (P50.00). so require. Is he Moreover, eligible for the probation? crime of but tried to boxes calm down friend. At sedition or espionage; 4) super those convicted of If I Jaja were the Judge, I his will impose an Pecuniary penalties include fines and cost of A complex crime is constituted when a single Yes, because the penalty is less than one Tata owns a three-storey building located at two or more crimes being punished in mitigating circumstances (passion and imprisonment of not less than 30 days but SUGGESTED ANSWER: Jaja bought ten of lolo and plaupon a woman but its execution shall be applicable law. Reclusion perpetua has a circumstances, namely, plea of guilty, lack of Do they alter the criminal liability of an advances to her and with force and violence, or granted if the defendant has perfected an execution of a particular crime, violating one coup d'etat clearly admitted may be by the committed accused singly, (People us. Why? (3%) midnight, Jonas convinced Jaja to lend him his piracy; 5) those who are habitual indeterminate sentence, the maximum of the proceedings. No, he is not entitled to the benefits of the act caused two or more grave or less grave year, a straight penalty may be imposed. No. 3 Herran Street. Paco, Manila. She wanted distinct provisions of the Revised Penal SUGGESTED ANSWER: obfuscation, no intent to commit so grave a40 not more than 1 requires year or a public fine of not lessa pla in Bocaue, Bulacan. Before midnight of suspended during her pregnancy and forCode one specific duration of 20 years and 1 day to Instruction and lack of intent to commit so accused? Explain. (4%) ravished her. Then King killed Laura and took appeal from the judgment of conviction. Is and the same penal provision. It involves Pruna, 390 SCRA 577 [2002]). whereas rebellion a uprising .45 pistol so that he could use it to delinquents; 6) those who shall have which shall not exceed the maximum fixed ABERRATIO ICTUS or mistake in the blow Habitual Delinquency &that Recidivism (2001) ALTERNATIVE SUGGESTED ANSWER: ANSWER: Probation Law (PD 968, as amended) does (People v. Arellano, G.R. No, 46501, October 5, felonies or when an offense is committed as to construct a new building but had no money but caliber alleged in one information either because wrong as that committed and voluntary than but not more than double the amount ofa December 31, 1999, Jonas and Jaja started year after her delivery. years (Art. 27) and accessory penalties (Art. grave a wrong as committed. The her jewelry. the denial of Roberto's motion correct? concurrence of felonious acts violating and taking up arms to overthrow the duly ALTERNATIVE ANSWER: knock down Jepoy and to end his arrogance. Penalties; Complex Crime of Estafa (1997) escaped from confinement or Yes. The word Even "INFLICTED" if at the time is found of only his conviction in Art. 83 by law and the minimum shall not be less occurs when the offender delivered the blow 1939) Juan de Castro already had three (3) previous not extend to those sentenced to serve a a necessary means to commit another to finance the construction. So, she insured they were brought about by a single surrender). Par.imprisonment 4, Art. 64 should applied. the check, which fine shall not exceed Doming, King's adopted brother, learned their while celebration by having a drinking spree 41), life hasbe no definite prescribed penalty for parricide is reclusion common right, a common penal provision, and constituted government. Since the two Under the Indeterminate Sentence Law, the evaded sentence; Jonas thought that after all, explosions were A was convicted of the complex crime of (People vs. De Guzman, G.R. Nos. 51385-86, Jan. Roberto to the effect was that qualified the death for probation penalty may but not that than the minimum penalty prescribed by the SUGGESTED ANSWER: at his intended victim but missed, and convictions by final judgment for theft when maximum term of imprisonment of more offense (Art. 48, RPC). At least two (2) crimes the building for P3,000,000.00. She then felonious act or because one offense is a Hence there will be off-setting of modifying P200,000.00, or both. The court convicted about the incident. He went to Laura's house, at Jona's by exploding their highterm orplace accessory penalties. Also, life perpetua to death. Impose the proper impelled by ahand, single criminal impulse (People crimes are essentially different and shall punished minimum imposable penalty be 7) those who having been granted On the other areclusion CONTINUING OFFENSE everywhere and nobody would know who estafa through falsification of public The proper penalty is perpetua. 22, 1993; People vs. Estrella, G.R. Nos. 92506-07, at be the "INFLICTED" time of his upon application a pregnant for woman, probation, same. I have discretion to impose the instead such blow landed on an unintended he found guilty of Robbery with than six years (Sec. 9a). are involved inthe a complex crime; either two urged Yoboy and Yongsi, for monetary necessary means for committing the other circumstances, which will now result in the her of the crime and sentenced her to pay a hidwas her body, cleaned everything and washed powered firecrackers in their neighborhood. imprisonment is imposable on crimes principal penalty. vs. Ledesma, 73 SCRA 77). with distinct penalties, there is no legal imposed but the maximum shall not exceed G.R. No. 72319, June 30,1993; People vs. conditional pardon by the Chief Executive is one whose essential ingredients took place shot Jepoy. After Jaja lent his firearm to Jonas, document. It is of no Since moment the amount that in Involved his previous did not April 1993; People Alvero, 2) Yes, coup d'etat can be complexed Even if there are two or more mitigating he such is28, penalty no longer is to qualified, bevs. suspended. he is not If entitled to penalty within the said minimum victim. The situation generally brings about Homicide. In the last case, the trial Judge or more grave or less grave felonies resulted consideration, to burn her building so she offense or offenses. They are alleged in and one excess of three mitigating circumstances. fine of P50,000.00 with subsidiary the bloodstains inside the room. In the course of their conversation, Jonas punished by special laws, and not on felonies impediment to the application of Art. 48 of so Lapiroso, G.R. No. 122507, Feb. 25, 1999).[see the maximum imposable by law. Indeterminate Sentence Law (1999) shall have violated the terms thereof; in more than one municipality or only city, the latter again started throwing lighted exceed P200.00, the penalty prescribed by conviction with sedition A was because given the a penalty two crimes of are ten circumstances, a court cannot lower the probation. "INFLICTED" The is to qualification be construed as for probation maximum. Later, King gave Jose, his legitimate brother, complex crimes where from a single act, two considered against the accused both from a single act, or an offense is committed could collect the insurance proceeds. Yoboy information so that only one penalty shall be This will therefore justify in reducing the imprisonment in case of insolvency, and to confided to Jaja that he has been keeping a in the Code the Revised Penal Code. 8) those whose maximum term of yard Criminal Law Conspectus, page 156] b) 6 months, as minimum, to 11 months, A was convicted of illegal possession of in the The existence of an aggravating much so that the criminal prosecution may super lolos and pla-plas at Jepoy's law (10) for days estafa of is arresto arresto mayor mayor and in its aresulting medium fine of essentially different and distinctly punished penalty by one degree (Art. 63. par. 3, must "EXECUTION", be determined then No. 5 as is of the the choice. time one piece of jewelry belonging to Laura. Jose or more grave or less grave felonies resulted, recidivism and habitual delinquency. The as a necessary means for committing and Yongsi burned the said building imposed. As to penalties, ordinary complex penalty to the minimum period. pay the private complainant the amount of long-time grudge against his neighbor Jepoy Penalties; Reclusion Perpetua vs. Life Imprisonment imprisonment does not exceed one year; 9) as maximum; SUGGESTED ANSWER: Death Penalty; Qualified Rape; Requisites (2004) grease guns and two Thompson sub-machine circumstance, albeit there are four be instituted and the case tried in the order to provoke him so that he would come and maximum periods. The penalty P50.00. under the Revised Penal Code. Sedition may Revised Penal Code; People vs. Formigones, application is filed in Court (Bernardo vs. knew that the jewelry was taken from Laura namely the attempt against the intended accused appealed and contended that in his another. The penalty for the more serious to its total loss. What is their respective crime, the penalty for the most serious crime the check. Maganda was unable to pay the in view of the latter's refusal to lend him (1994) SUGGESTED ANSWER: by inducement because Tata is directed a principal those already sentenced byold final judgment guns punishable under the law [RA No,4] GV was convicted of raping TC, his niece, A SPECIAL COMPLEX on the other B. May a probationer appeal the SUGGESTED ANSWER: aggravating, will not justify the lowering of at competent court of any one of such out of his house. When Jepoy came out, Jonas prescribed by law for falsification offrom public not be against the Government or 87 685). In U.S. vs. Relador 60 Phil. 593, Judge, etal. GRNo. L86561,Nov, 10. 1992; Edwin butPhil. nonetheless he sold it for P2,000. victim and the consequence on the last conviction, the trial court cannot consider crime shall be imposed and in its maximum criminal liability? shall be imposed and inCRIME, its maximum period fine but filed a petition probation. The some money. While under the influence of No, because Indeterminate Sentence Law Differentiate reclusion perpetua from life she directly induced Yoboy and Yongsi, for a The term "CONTINUED CRIME" or delito the time of approval of this Act; and 10) Complex Crimes; Ordinary Complex Crime vs. Special Jonas and Jaja, can be charged with the with imprisonment of from five (5) to ten (10) and he was sentenced to death. It was hand, is made up two or more crimes decision revoking the grant of probation or the penalty to the next lower degree under municipality or city. immediately shot him with Jaja's .45 caliber document is prision mayor plus fine not to non-political in objective, whereas coup d'etat where the crime committed was parricide de la Cruz vs. Judge Callejo. et al, SP-19655, April unintended victim. As complex crimes, the against him a finding of recidivism and,to again, period. (Art. 48, RPC) court granted the petition subject the liquor, Jonas started throwing lighted super SUGGESTED ANSWER: does not apply when the penalty imposed is imprisonment. SUGGESTED ANSWER: price or monetary consideration, to commit continuado mandates that only one those whose sentence imposes penalties Complex Crime (2003) a) What is the proper period of probation? complex crime of attempted murder with years. The trial court sentenced the accused alleged in the information that the victim which are considered only as components of modifying terms and conditions thereof? paragraph 5 of said Article, this is gun but missed his target. Instead, the bullet What crime or crimes did King, Doming and exceed P5,000.00. Impose proper prison is always political in objective as it is directed 18, 1990, citing Llamado vs. CA, et al, GR No. with the two (2) mitigating circumstances of penalty for the more serious crime shall be of habitual delinquency. Is the appeal RECLUSION PERPETUA is that him penalty condition, among others, that she should not lolos inside Jepoy's fence to irritate and less than one year (Sec. 2, Art. 4103, as Probation Law; Barred by Appeal (2001) The proper penalty is ANY RANGE WITHIN No, appeal is not meritorious. Recidivism SUGGESTED ANSWER: arson which the latter would not have information should be filed against the which do not involve imprisonment, like Distinguish between an ordinary complex homicide because a single act caused a and less to suffer imprisonment of five (5) years was a minor below seven years old, and her a single indivisible offense being punished in (2%) applicable only ifthe THERE IS NO hit Jepoy's five year old son who was Josethe commit? Discuss their criminal liabilities. 84859, June 28, 1989; Bernardo us. Judge penalty. against the Government and led by persons or illiteracy and lack of intention to commit so the one imposed and in the maximum meritorious? Explain. (5%) provided for in Revised Penal Code for change her residence without the courts the same exploded inside the latter's yard. amended). A, a subdivision developer, was convicted by prision correccional (six (6) months and one SUGGESTED ANSWER: The period shall not be less than twice the No. Under Section 4 of the Probation Law, as and habitual delinquency are correctly committed were it not for such reason. offender although a series of felonious acts destierro. crime and special complex crime as to SUGGESTED ANSWER: grave and aa grave felony (Art. 48. RPC). one (1) day. Is of the penalty thus imposed mother testified that she was only six years provision the Revised Penal Code. As AGGRAVATING CIRCUMSTANCE present. following behind him, killing the boy [10%] Balagot, etal, GR 86561, Nov. 10, 1992). public officer holding public office belonging grave a wrong, and with no aggravating period. It is only when the resulting felonies crimes defined in and penalized therein prior approval. Upon knowing that the throwing of the super c) a straight penalty of 2 of years. Indeterminate the RTC of Makati Sentence for failure Law does to issue not apply the Penalties: Fine or Imprisonment vs. Subsidiary (1) day to six (6) years) as MINIMUM, to ANY total number of days amended, anthis order granting orsubsidiary denying considered in case because the basis of Attempted murder is a less grave felony, King committed the composite crime of Rape Yoboy and Yongsi are principals by direct were performed; the term "continuing crime" their concepts and as to the imposition of correct? Explain. (3%) and ten months old, which her aunt to penalties, special complex crime, only one Since the crime committed is Homicide and instantaneously, a) What crime or crimes can to the military or national police. Art. 48 of the circumstance, the Supreme Court held that SUGGESTED ANSWER: are only light that complex crimes do not except for some crimes defined by special lolo was deliberate, Jepoy became furious and (5%) to: subdivision The penalty title imposed, to a lot being buyer only despite a straight full Imprisonment (2005) RANGE within prision mayor maximum (ten imprisonment. Under Act No. 1732, probation is not appealable. ALTERNATIVE ANSWER: SUGGESTED ANSWER: Penalties; Preventive Imprisonment (1994) recidivism is different from that of habitual while consummated homicide is Explain. a grave ERROR IN PERSONAE or mistake in identity with homicide as a single indivisible offense, participation (Art. 17, pars. 21 and 3, RPC). is more pertinently used with reference to penalties. 2% corroborated on the witness stand. The penalty is specifically prescribed for all the the penalty therefor is reclusion temporal, Jonas and Jaja be charged with? (2%) No, because the Indeterminate Sentence Code may apply under the conditions therein the proper, penalty to be imposed is result and the penalties are to be imposed laws which impose reclusion perpetua, such sternly warned Jonas to stop his malicious act Destructive Arson (1994) Probation Law; Period Covered (2004) penalty, payment is of also not the lot, correct and because sentenced it to does suffer not The crime of coup d'etat cannot be E and M are convicted of a penal law that (10) years and one (1) day to twelve (12) subsidiary imprisonment for violations of IN CONCEPT 1) When is there preventive imprisonment? delinquency. Juan is a recidivist ... Habitual felony: both are punishable by afflictive occurs when the offender actually hit the not a complex crime, and Theft. ... the venue where the criminal action may be information alleged that the accused component crimes which are regarded as the MAXIMUM sentence under the Law will apply when the minimum of the provided. reclusion perpetua. distinctly for each resulting crime. as violations of Republic Act 6425, as or he would get what he CRIME wanted. A heated Tata owns three-storey building located at comply one year with Imprisonment. the Indeterminate appealed Sentence the Law An COMPLEX is made up of PX was convicted and sentenced to Death Penalty (2004) complexed with the crime of rebellion imposes a penalty of fine or A imprisonment or years) as MAXIMUM. This is in accordance special laws shall not exceed 6 months at On automatic review before the Supreme 2) When is a the accused credited with the but delinquency, which brings about an penalties. person to whom the blow was directed instituted. ALTERNATIVE ANSWER. was the victim's uncle, a Law fact proved byof the oneORDINARY indivisible offense. The component Indeterminate Sentence should be the penalty exceeds one year. amended by Republic Act 7659 or PD argument between Jonas and Jepoy ensued No. 3 Herran Street. Paco, Manila. She wanted which decision applies of the to RTC this to case. the Court Said law of Appeals requires two or more crimes being punished in imprisonment of thirty days and a fine of one because both crimes are directed against the A. The death penalty cannot be inflicted both fine and imprisonment. The judge Complex Crime; Doctrine of Aberratio Ictus; Not with People us, Gonzales, 73 Phil, 549, where Doming's the rate of acts, one having day of been imprisonment done with for Court, accused-appellant contends that full time of his preventive imprisonment, additional penalty when an offender is turned out to be different from and not the If the imposition of straight penalty which prosecution. crimes are not regarded as distinct crimes minimum of the penalty, which is is 12 SUGGESTED ANSWER: 1860; LIFE IMPRISONMENT ayears penalty but Jaja tried to calm down his friend. At to construct a new building but had no money that his ifwhile the appeal offense was is dismissed. punished May by any A still law distinct provisions of the Revised Penal Code hundred pesos. Previously, PX was convicted Government or for political purposes, under which of the following circumstances: Applicable (1996) sentenced them to pay the fine, jointly and It was ruled that for the purpose of knowledge every F2.50. Hence, the commission the proper of the period crime of capital punishment could not be imposed on and when isof he credited with 4/5 thereof? convicted a third time or more for specified victim intended. The criminal liability of the consists of the minimum period of the so the penalty for the most serious crime and 1 day to 14 years and 8 months. The No, A is no longer qualified to apply for usually provided for in special laws. midnight, Jonas convinced Jaja to lend him his to finance the construction. So, she insured SUGGESTED ANSWER: other apply for than probation? the Revised Explain. Penal (5%) Code, the court but alleged in one Information either of another crime for which the penalty although the principal offenders are different. 1) When the guilty person is at least 18 severally, with subsidiary imprisonment in At the height of an altercation, Pedrito shot determining the penalty next lower in and probation obviously should to not conceal be less the than body (6 months of the him because of the inadequacy of the crimes, is correctly considered because Juan offender is not affected, unless the mistake penalty prescribed by law, then it may be is not thepenalty penalty to be imposed nor in its MINIMUM will thus be the use penalty probation after he appealed from Reclusion perpetua has a duration of twenty 1) There is preventive imprisonment when .45 caliber pistol so that he could it to the the building for P3,000,000.00. She then time of the commission of the crime. 2) shall sentence the accused to an because they were brought about by a single imposed on him was thirty days only. Is PX The essence may be the same and thus years of age at case of insolvency. Is the penalty proper? Paulo but missed, hitting Tiburcio instead, degree, the penalty that should be crime nor more to prevent than 12 its months. discovery, Since makes P50,000.00 him an charges and the insufficiency of the evidence had already three (3) previous convictions by in identity resulted to a crime different from allowed because it favors the accused. maximum period. It(1) iswhich the penalty specifically next lower in degree, is forty prision mayor judgment of conviction by the RTC. The SUGGESTED ANSWER: SUGGESTED ANSWER: (20) years and one day to [40] years [a) an offender is detained while the criminal knock down Jepoy and to end his arrogance. urged Yoboy and Yongsi, for monetary When the person is more than 70 indeterminate sentence, the maximum term felonious act or because one offense is a entitled toguilty probation? Explain briefly. (5%) in constitute only one crime. In this situation, Explain. resulting in the death of the latter. Pedrito, considered as a starting point is the whole of Indeterminate Sentence Law; Exceptions (1999) accessory fine is more to the than crime the of maximum rape with subsidiary homicide to prove all elements of the heinous final judgment for theft and again convicted what the offender intended to commit, provided for the special complex crime that in its full extent (6 years and 1 day to 12 probation law (PD 968, as amended by The penalty is not proper. The two accused Yes, PX may apply for probation. His previous b) Supposing before the Order of Discharge under Republic Act 7659, while life case against him is being heard, either Jonas thought that after all, explosions were consideration, to burn her building so she years of age. 3) When, upon appeal to or DELITO CONTINUADO, or CONTINUOUS CRIME, of which shall not exceed the maximum necessary means for committing the other the two crimes are not distinct and therefore, invoking the doctrine of aberratio ictus, prision mayor, it being the penalty prescribed under imprisonment Art. 19, of par. 6 months 2 of the at Rev. P2.50 Penal a day. Code, Under what circumstances is the crime of rape beyond reasonable doubt. Is for Robbery With Homicide. And the crimes which case the lesser penalty between the shall be applied according to the is rules on years). Ergo, the proper penalty would be 6 PD1990) now provides that no application for must separately pay the fine, which their conviction for another crime with a penalty was issued by the court but after the lapse of imprisonment SUGGESTED ANSWER: has no duration; reclusion Supreme Court, the required majority forthe the because the crime committed is a capital everywhere and nobody would know who could collect the insurance proceeds. Yoboy automatic review by the is a term used to denote as only one crime penalty fixed by the law and the minimum offense or offenses. They are alleged in may not be proper to apply Article 48 of claims exemption from criminal liability. Ifone a by law, and not prision mayor in its maximum but he is exempt from criminal liability Indeterminate Sentence Law not applicable? appellant's contention correct? Reason specified as basis for habitual delinquency crime intended and the crime committed imposition of the penalty. years and 1 day, as minimum, to 12 years probation shall be entertained or granted if Indeterminate Sentence Law (2002) penalty. Solidary liability applies only to civil thirty days imprisonment or not exceeding Complex Crimes; Determination of the Crime (1999) Yes, appellant's contention is correct insofar Indeterminate Sentence Law (1994) the period of probation, Maganda transferred perpetua SUGGESTED may ANSWER: be reduced by one or two imposition the death penalty is not offense not bailable, or even if the crime shot Jepoy. After Jaja lent hisminimum firearm to Jonas, and Yongsi burned the said resulting series of felonious acts arising from a single SUGGESTED ANSWER: shall not be less than the penalty Information so that only one penalty shall be Code. you were the judge, how would you decide period, which is only the penalty actually therefor under Article 20 ofbuilding the Code, being (2%) briefly. (5%) includes, inter alia, theft and robbery. shall be and imposed but in maximum period ALTERNATIVE ANSWER: and 1 day, as maximum. I and believe that SUGGESTED ANSWER: the accused has perfected an appeal from How are the maximum the minimum liabilities. one (1) month does not disqualify him from If I SPECIAL were the Judge, I not will convict Pedrito and as the age of the victim is concerned. The A COMPLEX CRIME, on the other A, actuated by malice and with the use of a PRAETER Itos was convicted INTENTIONEM of an offense or penalized where the residence without prior approval of the court. degrees; reclusion perpetuates accessory Penalties; Mitigating Circumstances w/out Aggravating Jose obtained. incurs 4) When criminal the liability person is either convicted as of an 1) Persons convicted of offenses punished committed was bailable, the offender could the latter again started started throwing to its total loss. What crime did Tata, Yoboy criminal resolution, susceptible of division, prescribed by the same. imposed. the case? applied because of Article 48 of the Revised an adopted brother of the principal. Penalties; Reclusion Perpetua vs. Life Imprisonment (Art. 49, RFC). NO, because in penal law when there are Tata, Yoboy and Yongsi committed the crime because of the remaining mitigating the judgment of conviction (Sec. 4, PD 968). terms of the indeterminate sentence for applying for probation; the penalty for his find him guilty of the complex crime of age hand, of the is made victim up raped of two has not or been more proved crimes fully automatic M-14 sub-machine gun, shot a consequence by a special law. went The beyond penalty that prescribed intended is or May the court revoke the Order of Probation penalties while life imprisonment does not Circumstance (1997) a capital crime but before execution becomes accessory to the crime of theft committed by with not post death the penalty required or bail life imprisonment; for his provisional 2) lighted super lolos and pla-plas at Jepoy's and Yongsi commit? which are carried out in the same place and at Penal Code. The penalty next lower in degree (2001) Probation Law; Maximum Term vs. Total Term several offenders, the court in the exercise of of destructive arson because they collectively circumstances after the off-setting it(1997) would Penalties; Factors tois Consider (1991) offenses punishable under the Revised Penal 2) An accused credited with the full time present conviction does not disqualify him Homicide with Attempted Homicide. The SUGGESTED ANSWER: beyond reasonable doubt to constitute the which are considered only as components of group of persons who were seated in a cockpit expected. not less than This six years a mitigating but not more circumstance than and order her to serve the subsidiary have any accessory penalties (People vs. Assume in the preceding problem that there King, insane. or 5) as When fence. the Although accused he is is a a woman legitimate Those convicted of treason, conspiracy or liberty. yard in order to provoke him so that he would about the Judge same time, and violating one and therefor is ANSWER: prision correccional and by it is within After trial, Juan Laya of the Manila RTC The accused was found guilty ofpunished grave oral its discretion shall determine what shall be caused the destruction property means SUGGESTED ANSWER: SUGGESTED be very logical to impose the minimum of Imagine that you are aof Judge trying a case, I would convict Jonas as principal by direct Code determined? (3%) of his preventive imprisonment if he either from applying for probation, since single act of firing at Paulo resulted in the crime a single as indivisible qualified rape offense and being deserving of the in with one burst of successive, continuous, (Art. twelve 13. years. par. No 3, modifying RPC) when circumstance there is the a imprisonment? Explain. Baguio, 196 SCRA 459, People vs. Panellos, 205 were two mitigating circumstances and no while she is pregnant or within one year after brother of King, the exemption under Article proposal to commit treason; 3) Those come out of his house. When Jepoy came out, the same penal provision. The acts done must the range of this penalty that the minimum found Benjamin Garcia guilty of Murder, the defamation in sixteen (16) informations For crimes punished under the Revised Penal the share of each offender depending upon Yes. The Court may revoke her probation. of fire under the circumstances which the MINIMUM sentence under the ISL and the and based on the evidence presented and participation and Jaja as co-principal by voluntarily agreed in writing to abide by the imprisonment does not exceed six (6) years commission of two felonies, one grave death penalty. The guidelines in appreciating one provision of the Revised Penal Code. automatic fire. Four (4) persons were killed notorious attended the disparity commission between of the crime. act or means If you SCRA 546). aggravating circumstance. Impose the proper 20 delivery. does not Explain include your the answer participation or choice he did, convicted of misprision of treason, rebellion, Jonas immediately shot him with Jaja's .45 be impelled by one criminal orof purpose, should be taken. victim having sustained several bullet Code, which were the tried maximum jointly and term was sentenced the the degree of participation intent as principal, Probation Law; Right; Barred by Appeal (1995) Probation is not coterminous with its period. exposed to danger the life or property of the SUGGESTED ANSWER: minimum of the MAXIMUM sentence. the applicable law, you have decided on AS TO PENALTIES -In ORDINARY COMPLEX Indispensable cooperation for the complex SUGGESTED ANSWER: rules ofPres. the institution imposed upon its (Sec. 9, Decree No. 968). sedition or espionage; 4) Those convicted of (homicide) and the other less grave age as a qualifying circumstance in rape thereby, each having hit by different bullets employed were the judge, by the will offender you apply and the the resulting prison penalty. briefly. (5%) because he profited from the effects of such caliber gun but missed his target. Instead, the such that each act merely constitutes a partial wounds in his body so that he died despite in one decision to suffer in each case a Indeterminate sentence shall be the penalty accomplice or accessory. If within each class In a case for violation of Sec. 8, RA 6425, There must first be issued by the court an A. Understanding the word "inflicted" to others (Art, 320, par. 5, RPC. as amended by RA (5) steps you would follow to determine the birth certificate; 2) In the absence of the a) the penalty imposed on him for the crime There being two (2) mitigating CRIME, the penalty for the most serious guilt of two (2) accused. Indicate the five crime of murder with homicide. Jaja should prisoners, provided that: piracy; 5) Those who areLaw? habitual (attempted homicide) thusto falling squarely cases have not been met, wit: 1) The coming from the sub-machine gun of A. Four felony, Indeterminate i,e., the Sentence resulting felony If so, could how not will be theft by selling the jewelry knowing that the bullet hit Jepoy's five year old son who was execution of a particular crime, violating one medical assistance given in themaximum Ospital ng properly prison term imposable of one (1) under year and the one same (1) Code day of offender, there are more of them, such as otherwise known as the Dangerous Drugs Act, order of final discharge based on the report mean No. 7659). the imposition of the death penalty, SUGGESTED ANSWER: exact penalty to be imposed. Stated committed consists of a deprivation of birth certificate, age of the circumstances without any aggravating crime shall be imposed and in its be held liable as co-principal and not only as delinquents; 6) Those who shall have under Art. 48, RPC; hence, the penalty would primary evidence of the age the of the victim is a (4) cases of murder were against A. The reasonably you apply it? anticipated orfiled foreseen by the of same was taken from Laura. Or Jose may be following behind him, killing boy and the same penal provision. It involves Manila. Because the weapon used by to one (1) year and eight (8) months of after considering the attending mitigating more than one principal or more than one If I were the judge, I will apply the provisions accused Vincent was given the benefit of the and recommendation of the probation not its execution, the circumstance in which victim maybe proven by authentic document, b) he is not PENALTIES disqualified from such credit for differently, what are the factors you must liberty; circumstance, the proper prison penalty isin period. an accomplice because he knew of Jonas' escaped from confinement or be for the more serious crime (homicide} her trial court ruled that there was only one crime fender from the act or means employed by prosecuted for fencing under the Antiinstantaneously, If you were the Judge, how concurrence of felonious acts violating a Benjamin was unlicensed and the qualifying (Bala v. Martinez, G.R. No. 67301, January 29, SUGGESTED ANSWER: and/or prision aggravating correccional. circumstances Within the period according to of the Indeterminate Sentence Law, as the accomplice or accessory, the liability in each mitigating circumstances of voluntary plea of officer. Only then can the case of the as baptismal certificate and school records; Aberratio ictus (mistake in the blow) could the death a recidivist, penalty cannot or for having be inflicted been is previously no. 2: such (1) month and one (1) day to six (6) months) being Complex Crime; Aberratio Ictus; Attempted Murder with consider to arrive at the correct penalty? arresto mayor (in any of its periods, ie. evaded sentence; 7) Those who violated the criminal design even before he lent his its maximum period (17 years 4 months and committed by A for the reason that, since A him. Fencing Law of 16 1979 (PDNo. No. 1612) the would you decide the case? Explain. (1%) common right, a common penal provision, and 1 the crime committed; circumstance of treachery was found to be 1990, citing Sec. of P.D. 968) appeal, he filed an application for probation to Art, 64 of said Code. The minimum term of class of offender shall be subsidiary. Anyone last sentence of Section 1 Act 4103, guilt and convicted drunkenness for two not or otherwise more times habitual. of any probationer be terminated. 3) If the aforesaid documents are shown to In SPECIAL COMPLEX CRIME, only one penalty not be used as a defense as it is not an Complex Crime vs. Compound Crime (2004) "when the guilty person is more than 70 as MINIMUM to prision correccional in its Homicide (2000) ranging from one terms ofwas conditional pardon granted to them firearm Jonas and still he concurred in(People that 1 day toto 20 years). performed only one act, he having pressed jewelry the proceeds of theft and with SUGGESTED ANSWER: Impelled by a single criminal impulse Stage of execution and degree of present. Judge Laya rendered his decision the under lost same or the destroyed sentence Probation shall or otherwise Law be fixed of unavailable, 1976, within the as the 2 specifically or for provides having failed the application to Accessory surrender thereof voluntarily of the may be required to pay the civil He was sentenced to suffer a penalty of six crime, Complex Crime; Aberratio ictus vs. error in personae is have specifically been prescribed for all the exempting circumstance. Pedrito is liable years of age" (Art. 47, Revised Penal Code). maximum period four (4) years, two (2) Distinguish clearly but briefly: Between Despite the massive advertising campaign in Criminal Liability; Non-Exemption as (2004) by the Chief Executive; 8) Those whose criminal design by providing the firearm. the trigger of his gun only once, the crime Yes. In Francisco vs. Court of Appeals, 243 intent to gain, he received it from King and Probation Law; Barred by Appeal (1994) vs. Ledesma, 73 SCRA 77). participation; convicting Benjamin and sentencing him to Criminal Liability; Principal by Inducement (2002) testimony, if clear and credible of theas victim's the execution of the sentence upon being so amended. Could he possibly qualify for range of the penalty next lower in degree to for liability pertaining to such offender without for violations of special laws. (6) years and one (1) day and to pay a fine (1994) component crimes which are regarded as under the principle of Art. 4, RPC, which Instead, the penalty shall be commuted to months, and one (1) day to six (6) years compound and complex crimes as concepts media against firecrackers and gun-firing DCB, the daughter of MCB, stole the earrings maximum term of imprisonment does not committed was murder. Consequently, the of SCRA 384 , the Supreme Court held thatlife in Are "reclusion perpetua" and sold it.the On February 3, 1986, Roberto was convicted May the judge impose an alternative Under the law, what is the purpose for 3 Determine the penalty; Under same provision, the minimum "reclusion perpetua or life imprisonment". mother or any member of the family, by SUGGESTED ANSWER: summoned (Art. 29, RPC). A asked B to kill CArt. because of a grave that probation? prescribed for the crime under the said prejudice to recovery from those whose share P6,000.00 with the accessory penalties Distinguish aberratio ictus from error in one indivisible offense. The component makes a person criminally liable for all the reclusion perpetua, with the accessory MAXIMUM. Under 64, par. 5 of the in the Penal Code. during the New Year's celebrations, Jonas and of XYZ, a stranger. MCB pawned the earrings exceed one year; reckless trial judge sentenced A to just one penalty of case of the one decision imposing multiple prison imprisonment the same and can be imposed of arson through imprudence and penalty of fine or imprisonment? fixing maximum and the minimum COMPOUND In 4 circumstance Consider CRIMES the no. 1 modifying result when when the guilty the offender person SUGGESTED ANSWER: must not be less than the minimum provided consanguinity affinity, who is to SUGGESTED ANSWER: injustice done to Aor by C. A promised B a Code. have been paid by another. provided by law, plus costs. Vincent applied personae. crimes are not regarded as distinct crimes natural and logical consequences ofqualified his penalties provided in Article 40, RFC. Revised Penal Code, when a penalty contains Jaja bought ten boxes of super lolo and plawith TBI Pawnshop as a pledge for P500 reclusion perpetua. Was the decision of the SUGGESTED ANSWER: terms, the totality of the prison terms should interchangeably as in the foregoing sentenced to pay a fine of P15,000.00, with Explain. terms of the indeterminate sentence? is circumstances; at least 18 years of age at officer the time of the committed only a single felonious act from therein (six years and one day) and the on matters respecting pedigree such as the testify reward. B(4%) was willing to kill C, not so much for probation. The probation favorably and so the penalty for the most serious crime felonious act three periods, each one of which forms a pla in Bocaue, Bulacan. Before midnight of loan. During the trial, MCB trial judge correct? Explain. (4%) SUGGESTED ANSWER: not be taken account for the purposes of sentence? Or into are they totally different? State subsidiary imprisonment in raised case the of (2%) which commission 5 two Determine or of the whether Indeterminate maximum shall not be more than the exact age because of the reward promised to him but recommended his application. is not the penalty to be imposed nor in its period in accordance with Article 76 and 77 December 31, 1999, Jonas and Jaja started defense that being the mother of DCB, she determining the eligibility of the accused for your reasons. (3%) insolvency by isthe Regional Trial Court of Sentence Law applicable or not. maximum period. is there are of the same Code,It and their cannot the Quezonbe City.

Criminal Law Examination Q & A (1994-2006) Criminal Law Bar Examination Q &Bar A (1994-2006)

34 of 86

27 of 86 28 29 30 31 32 33 35 36

Criminal Law Bar Examination Q & A (1994-2006)

sentence is required and thereunder it is one of the conditions for suspension of sentence that the offender be a first time convict: this has been displaced by RA 8369.

37 of 86 for probation mandates that no application

Suspension of Sentence; Youthful Offender (1995) Victor, Ricky, Rod and Ronnie went to the store of Mang Pandoy. Victor and Ricky entered the store while Rod and Ronnie posted themselves at the door. After ordering beer Ricky complained that he was shortchanged although Mang Pandoy SUGGESTED ANSWER: vehemently denied it. Suddenly Ricky 1. If I were the judge, I will deny the whipped out a knife as he announced "Holdapplication for probation. The accused is not up ito!" and stabbed Mang Pandoy to death. entitled to probation as Sec. 9 of the Rod boxed the store's salesgirl Lucy to Probation Law, PD NO. 968, as amended, prevent her from helping Mang Pandoy. When specifically mentions that those who "are Lucy ran out of the store to seek help from sentenced to serve a maximum term of people next door she was chased by Ronnie. imprisonment of more than six years" are As The soon as Ricky had stabbed Mang Pandoy, 2. law and jurisprudence the not entitled to the benefits of are the to law. Victor scooped up the money from the effect that appeal by the accused from a cash box. Then and forfeits Ricky his dashed to the sentence of Victor conviction right to street and shouted, "Tumakbo na kayo!" probation .(Sec. 4, PD the No. 968. as amended 1 Discuss fully criminal liability by of Rod Victor, was 14 and Ronnie was 17. The money and PD 1990; Bernardo us. Balagot; Francisco vs. CA: Ricky, Rod and Ronnie. This is the second consecutive year other articles looted from the store of Mang to Llamado vs. the CA; De la Cruz vs. Judge Callejo, CA 2 Are minors Rod and Ronnie entitled that this question was asked. It is the of Pandoy were later found in the houses case). suspended sentence under The Child and Youth sincere belief of the Committee that coverage of the examination) Victor and Ricky. Welfare Code? Explain. there is a need to re-examine the Suspension of Sentence; Minors (2003) doctrine. Firstly, much as the accused A was 2 months below 18 years of age when wanted to apply for probation he is he committed the crime. He was charged proscribed from doing so as the with the crime 3 months later. He was 23 maximum penalty is NOT when he was finally convicted and PROBATIONABLE. Secondly, when the sentenced. Instead of preparing to serve a maximum penalty was reduced to jail term, he sought a suspension of the one which allows probation it is but sentence on the ground that he was a fair and just to grant him that right SUGGESTED ANSWER: Should he be entitled to a juvenile offender because it is apparent that the trial No, A is not entitled to a suspension of the suspension of sentence? Reasons. 4% judge committed an error and for sentence because he is no longer a minor at which the accused should not be the time of promulgation of the sentence. made to suffer. Judicial tribunals in For purposes of suspension of sentence, the this jurisdiction are not only courts of offender's age at the time of promulgation of law but also of equity. Thirdly, the the sentence is the one considered, not his judgment of the appellate court age when he committed the crime. So should be Barred considered a new Probation Law; Right; by Appeal (2003)decision although A was below 18 years old when he asconvicted the trial court's Juan was of the decision Regionalwas Trial Court committed the crime, but he was already 23 vacated; hence, heto could take of a crime and sentenced suffer the penalty years old when sentenced, he is no longer advantage ofa the law when the Can offenders, who are of imprisonment for minimum of eight eligible juvenile for suspension of the sentence. decision is remanded to the trialand court recidivists, validly ask for suspension of years. He appealed both his conviction SUGGESTED ANSWER: for execution see sentence? Explain. 4% the penalty imposed (Please upon him toDissenting the Court of Yes, so long as the offender is still a minor at opinion in Francisco vs. CA). It is Appeals. The appellate court ultimately the time of the promulgation of the sentence. suggested, therefore, that an sustained Juan's conviction but reduced his The law establishing Family Courts, Rep. Act examinee answering in this tenor sentence to a maximum of four years and 8369, provides to this effect: that if the minor should be credited with some points. eight months imprisonment. Could Juan is found guilty, the court should promulgate SUGGESTED ANSWER: forthwith file an application for probation? No, Juan can no longer avail of the probation the sentence and ascertain any civil liability Explain. 8% because he appealed from the judgment of which the accused may have incurred. conviction of the trial court, and therefore, However, the sentence shall be suspended cannot apply for probation anymore. Section without the need of application pursuant to 4 of the Probation Law, as amended, PD 603, otherwise known as the "Child and Youth Welfare Code" (RA 8369, Sec. 5a), It is under PD 603 that an application for suspension of the

shall be entertained or granted if the accused has perfected an appeal from the judgment of conviction. Suspension of Sentence; Adults/Minors (2006) There are at least 7 instances or situations in criminal cases wherein the accused, either as an adult or as a minor, can apply for and/or be granted a suspended sentence. SUGGESTED ANSWER: Enumerate at least 5 of them. (5%) 1. Suspension of sentence of minor under P.D. 603 as amended by R.A. 9344. 2. Suspension of sentence of minor above 15 but below 18 years of age at the time of trial under R.A. 9344. 3. Suspension of sentence of minor above 15 but below 18 years of age at the commission of the offense, while acting with 4. Suspension of sentence by reason of discernment. insanity (Art. 79, Revised Penal Code). 5. Suspension of sentence for first offense of a minor violating RJV. 9165. (Sec. 6. Suspension of sentence under the 32) (P.D. law. probation 7. 968) Suspension of death sentence of a pregnant woman. (Art. 83, Revised Penal (NOTA BENE: R.A. 9344 is outside the Code)

38 of 86
Proclamation 1160, which amended Proclamation 724, applies only to offenses committed prior to 1999. Thus, their applications shall be ineffectual and useless. Amnesty; Crimes Covered (2006) Under Presidential Proclamation No. 724, amending Presidential Proclamation No. 347, certain crimes are covered by the grant of amnesty. Name at least 5 of these crimes. SUGGESTED ANSWER: (2.5%) Crimes covered under Presidential Proclamation No. 724: 1. Coup 2. Rebellion or d'etat, 3. Disloyalty of public officers insurrection; 4. Inciting to rebellion or or employees; 5. Conspiracy to commit rebellion insurrection; 6. Proposal to commit rebellion or insurrection; 7. or insurrection; 8. Conspiracy to Sedition; 9. to commit Inciting sedition; 10. Illegal sedition; 11. Illegal Assembly; 12. Direct Association; 13. Indirect Assault; 14. Resistance and disobedience to a Assault; 15. Tumults and other person in authority; 16. Unlawful use of means of publications disturbances; and unlawful utterrances; 17. Alarm and 18. Illegal Possession of scandal; firearms.

1 . All are liable for the special complex crime of robbery with homicide.... 2. No, because the benefits of suspension of sentence is not available where the youthful offender has been convicted of an offense punishable by life imprisonment or death, pursuant to P.D. No. 603, Art. 192, The complex crime of robbery with homicide is punishable by reclusion perpetua to death under Art. 294 (1), RFC [People vs. Galit. 230
SCRA 486).

SUGGESTED ANSWER:

EXTINCTION OF CRIMINAL LIABILITY

Amnesty vs. PD 1160 (2006) Can former DSWD Secretary Dinky Soliman apply for amnesty? How about columnist Randy David? (You are supposed to know the crimes or offenses ascribed to them as published in almost all newspapers for the SUGGESTED ANSWER: past several months.) (2.5%) Proclamation 1160, which amended Proclamation 724, applies only to offenses committed prior to 1999. Thus, their applications shall be ineffectual and useless. General Lim and General Querubin of the Scout Rangers and Philippine Marines, respectively, were changed with conduct unbecoming an officer and a gentleman SUGGESTED under the ANSWER: Articles of War. Can they apply for amnesty? (2.5%)

Criminal Law Bar Q & A (1994-2006) Criminal Law Bar Examination Q &Examination A (1994-2006)

41 of 86

39 of 86 40

such defrauding For position and Lorna, under Alma the usual wasprocedure charged Prescription of Municipal Crimes; False Testimony (1994) before the required for a new appointment. Trial Court of Moreover, Malolos, Paolo wasAfter charged with before Bulacan. the pardon does a protracted not homicide extinguish trial, Alma the the was civil (Monsanto vs.Factoran, Jr., 170 SCRA 191); Regional Trial Court of Manila. Andrew, asee Art. convicted. liability arising While fromthe the crime. case was pending 36, RPC) in the prosecution witness, testified that he saw appeal Regional Trial Court of the Prescription of Crimes; Bigamy (1995) Paolo Abby during their heated same shoot province, Lorna who was then suffering Joe Marcy were married in Batanes in argument. While thedied. case is stillmanifested pending, the fromand breast cancer, Alma to 1955. After two years, Joe left Marcy and City Hall of Manila burned down and the entire the court that with Lorna's death, her settled Mindanao where he laterLater, metnow and records of the case were destroyed. the (Alma's)in criminal and civil liabilities are married Linda onAlma's 12 June 1960. The second records were reconstituted. Andrew was again extinguished. Is contention correct? SUGGESTED ANSWER: marriage was registered in the civil registry of called to witness stand. This time he What if itthe were Alma who died, would it affect No. Alma's contention is notits correct. The Davao City three days after celebration. testified thatand his first testimony was false and her criminal civil liabilities? Explain. (3%) death of the 1975 offended does not On October Marcyparty who remained the 10 truth was he was abroad when the crimein extinguish the criminal liability of ofJoe the Batanes discovered the marriage to took place. The judge immediately ordered offender, because the offense is committed Linda. On 1 March 1976 Marcy filed the prosecution of Andrew for giving a false a The crime ofbigamy bigamy prescribed in fifteen against thethe State [People vs. Misola, 87 Phil. 1 Will case against Andrew prosper? complaint against Joe. testimony for favorable to the defendant in a years 833). computed from the day the the crime is 830, it follows that civil 2 PaoloHence, was acquitted. The decision became criminal case. discovered the offended party, the liability of by Alma based on the final on January 10, 1987. On June 18, offense 1994 a authorities or false their Joe filed raised the committed by her is agents. not extinguished. The case of giving testimony was against On theof other hand, if it were Alma who died defense of prescription of legal the crime, more estate Lorna can continue the case. Andrew. As his lawyer, what step will you pending appeal her elapsed conviction, than fifteen years of having from her the take? criminal liability shall be extinguished and celebration of the bigamous marriage up to therewith the civil liability under the Revised the filing of Marcy's complaint. He contended Penal Code (Art. 89,of par. RPC). However, that the registration his 1, second marriage in the for civil ofindemnity may was be the claim civil registry Davao City instituted under theto Civil (Art. 1157) if constructive notice the Code whole world of the Has the crime charged against Joe predicated on of a bigamy source of obligation other celebration thereof thus binding upon Marcy. already prescribed? Discuss fully, than delict, such as law, contracts, quasiSUGGESTEDand ANSWER: contracts quasi-delicts (People vs. Bayotas Pardon vs. Amnesty (2006) period for the crime of No. The prescriptive 236 SCRA 239, G.R. 152007, September 2. 1994) Enumerate the differences between pardon bigamy is computed from the time the crime and amnesty. (2.5%) was discovered by the offended party, the SUGGESTED ANSWER: authorities or their agents. The principle of a) PARDON includes crime applies and is constructive notice whichany ordinarily exercised individually by the President, while to land or property disputes should not be AMNESTY applies to classes of persons or applied to the crime of bigamy, as marriage communities who Thus may be guilty of political is not property. when Marcy filed a b) PARDON is exercised when the person offenses. complaint for bigamy on 7 March 1976, it is already convicted, while AMNESTY may be was well within the reglamentary period as it exercised even before trial or investigation. was barely a few months from the time of c) PARDON looks forward (2000) and relieves Prescription of Crimes; Commencement discovery on 10 October 1975. (Sermonia vs. the offender of the penalty of the offense for One fateful CA, 233 SCRA night 155) in January 1990, while 5which he has been convicted; it does not year old Albert was urinating at the back of work for the restoration of the rights to hold their house, he heard a strange noise coming public office, or the of right of suffrage, unless from the kitchen their neighbor and such rights are expressly restored by means playmate, Ara. When he peeped inside, he of pardon, whilestepmother, AMNESTY looks backward saw Mina, Ara's very angry and and abolishes offense and to itsdeath. effects, as if strangling the the 5-year old Ara Albert the had committed no offense. sawperson Mina carry the dead body of Ara, place it d) PARDON does not alter the fact that inside the trunk of her car and drive away. the accused is criminally liable as it produces The dead body of Ara was never found. Mina only the extinction of the penalty, while spread the news in the neighborhood that Ara AMNESTY removes the criminal liability of the went to live with her grandparents in Ormoc offender because it obliterates every vestige City. For fear ofbeing his life, Albert did e) PARDON a private act not by tell the of the crime. anyone, even his parents and relatives, about President, must be pleaded and proved by the what he witnessed. Twenty and a half (20 person pardoned, while AMNESTY which is & a 1/2) years after the incident, and right after Proclamation of the Chief Executive with the his graduation inCongress Criminology, Albert reported SUGGESTED ANSWER: concurrence of is a public act of the crime to NBI authorities. The crime which the courts should take judicial notice. of homicide prescribes in 20 years. Can the state still prosecute Mina for the death of Ara despite the lapse of 20 & 1/2 years? Explain, (5%)

Yes, the State can still prosecute Mina for the Pardon; Effect; Interdiction (2004) of 20 & 1/2 death of AraCivil despite the lapse TRY was sentenced death final years. Under Article to 91, RPC, by the period of judgment. But subsequently he from was granted prescription commences to run the day pardon by the President. The pardon was on which the crime is discovered by the silent on the perpetual disqualification offended party, the authorities or their of TRY to hold any public office. After pardon, of agents. In the case at bar, the his commission TRY ran for office as Mayor ofAlbert, APP, his the crime was known only to who was hometown. His opponent sought to disqualify not the offended party nor an authority or an him. TRY contended he notdiscovered disqualified agent of an authority. Itis was by because he was already pardoned by the the NBI authorities only when Albert revealed SUGGESTED ANSWER: President unconditionally. TRY'S to them the commission ofIs the crime. Hence, No, TRY's contention is not correct. Article 40 contention correct? Reason briefly. (5%) the period of prescription of 20 years for of the Revised Penal Code expressly provides homicide to run is only from the that whencommenced the death penalty not executed Prescription of Crimes; Commencement (2004) time Albert revealed the same to the NBI by reason of commutation or pardon, the OW is a private person engaged in cattle authorities. accessory penalties perpetual absolute ranching. One night,of he saw AM stab CV disqualification and civil interdiction during treacherously, then throw the dead man's thirty (30)a years from the ofCVs the body body into ravine. For 25 date years, sentence shall remain as effects thereof, was never seen nor found; and OW told no unless such penalties have been one what heaccessory had witnessed. Yesterday after expressly in priest, the pardon. This is to consultingremitted the parish OW decided because pardon only excuses the convict tell the authorities what he witnessed, and from serving but not ago. revealed thatthe AM sentence had killed CVdoes 25 years Pardon; Effect; Reinstatement (1994) SUGGESTED relieve of the effects the conviction Can AMhim beANSWER: prosecuted forof murder despite the Yes, AM can be prosecuted for murder Linda was convicted by the Sandiganbayan of unless expressly remitted in the pardon. lapse of 25 years? Reason briefly. (5%) despite the lapse of 25 years, estafa, through falsification of because public the crime has not yet prescribed and legally, its document. She was sentenced accordingly prescriptive not even and ordered period to pay,has among others, P5,000.00 commenced run. representing to the balance of the amount The period of prescription of a crime shall defrauded. The case reached the Supreme which commence to run only from the Court day on which Extinction; Criminal & Civil Liabilities; Effects; Death of affirmed the judgment of conviction. During the crime has been discovered by the accused pending appeal (2004) the pendency ofthe Linda's motionor for offended party, authorities their AX was convicted ofsaid reckless imprudence reconsideration the Court, the OW, a agents (Art. 91, in Revised Penal Code). resulting in who homicide. The trial court President extended to her an absolute private person saw the killing but never sentenced him to a prison term as well as to pardon which disclosed it, isshe not accepted. the offended party nor has By reason of such pardon, she wrote the pay P150,000 as civil indemnity and the crime been discovered by the authorities Prescription of Crimes; Concubinage (2001) Department of Finance requesting that sheAX damages. While his appeal was pending, or their agents. On June 1, 1988, a former complaint for concubinage be restored to her post assistant met a fatal accident. He left aas young widow, committed in February 1987 was filed What against treasurer, still vacant. The 2 children,which and ais million-peso estate. is Roberto in the Municipal Trialmay Court ofcriminal Tanza, Department that Linda be the effect, if ruled any, of his death on his SUGGESTED ANSWER: Cavite of preliminary reinstated to her former position without the as well for as purposes civil liability? Explain briefly. (5%) The death AX various while his appeal the investigation. reasons, it from was only necessity ofof a For new appointment and directed judgment of the trial court is pending, on 3, 1998 when the Judge of said court theJuly City Treasurer to see to it that the sum of extinguishes his criminal liability. civil decided the case by dismissing itthat for The lack P5,000.00 be satisfied. Claiming she of liability insofar as it arises from theLinda crime jurisdiction since the crime was committed in should not be made to pay P5,000.00, and recoverable under the Revised The Office of the President dismissed the Manila. The was subsequently filed Penal with appealed to case the Office of the President. Code isand also extinguished; but indemnity and appeal held acquittal, not dismissed absolute the City Fiscal of that Manila but it was damages may be recovered in a civil action if pardon. Is the only ground for reinstatement on the ground that the crime had already predicated on a source of obligation under to one's former position and that the prescribed. The law provides that the crime of SUGGESTED ANSWER: Art. 1157, Civil Code, such as (10) law, contracts, absolute pardon does not exempt the culprit concubinage prescribes in ten years. No, the Fiscal's dismissal of the case on quasi-contracts and quasi-delicts, but not on from payment of civil liability. Is Linda Was the dismissal by the fiscal correct? Civil basis indemnity and damages under the alleged prescription is (People not correct. The filing SUGGESTED ANSWER: the of delicts. v. Bayotas, 236 entitled to reinstatement? Explain, (5%) No, Linda is not entitled to reinstatement to Revised Penal Code are recoverable only if of the complaint with the Municipal Trial SCRA 239 ). her position inasmuch as her right the former accused had been with finality Court, although only forconvicted preliminary thereto had been relinquished or forfeitedthe by before he died. investigation, interrupted and suspended Extinction; & Civil Liabilities; Effects; Death of reason ofCriminal her conviction. The absolute pardon period of prescription in as much as the Offended extinguished Partyof (2000) merely criminal liability, jurisdiction a courther in a criminal case is (People vs. Galano. 75 SCRA removed her disqualification, and restored determined by the allegations in the 193) her eligibility for appointment to the thatresult office. complaint or information, not by of She has to re-apply for proof.

Criminal Law Bar Examination Q & A (1994-2006)

42 of 86 43 44
Art Coup detat; New Firearms Law (1998)Max a) 134-A; mandates they The were accused ordered for such cannot to liability kill be Governor convicted and Alegre of the is 1. How is crime of coupignorance d'etat offense deemed because to ofthe know his simple corrupt it because slander practices. although If youof were it the is 2. Supposing a public school teacher committed? [3%] necessarily law the prosecutor, is neverincluded excused. what in crime And the since offense will you hisof liability charge grave SUGGESTED ANSWER: participated in but a coup d'etat using in an slander is Joselito not primary and charged Vicente? inonly the [5%J subsidiary information, because, case his If I were the prosecutor, would charge unlicensed firearm. What crime or crimes did the lesser offense employee cannot had pay; already he I need prescribed not be at Joselito and Vicente with the crime of O.G. 6468; Francisco vs. CA, 122 SCRA 538; he [2%] thecommit? impleaded time the in information the in the was criminal filed (People case. us. It rebellion, considering that the killers were Magat vs. People. 201 SCRA 21) otherwise Rarang, 62 he was duly notified of the suffices(CA) that members ofissuance the liquidation squad of the New prosecutors can easily the rule of motion for ofcircumvent a subsidiary writ of People's Army and the killing was upon Civil Liability; When Mandatory; Criminal Liability (2005) prescription in light offenses by the simple execution and thus given the opportunity to orders of of their hence, The accused was found guilty of 10 counts of expediment filing acommander; graver offense which be heard. politically-motivated. This was the ruling rape for having carnal knowledge with the in includes such light offense. b) While the general rule is the the failure of People vs. Avila, 207 SCRA 1568 involving same woman. In addition to penalty of an ALTERNATIVE ANSWER: accused to file he a motion to movement quash before he identical facts which is a taken imprisonment, was ordered to pay If I were thecomplaint prosecutor, I would charge pleads to the or information, shall judicial notice of as engaged in rebellion indemnity in the amount of P50,000.00 for Joselito and Vicente forof the crime of murder be deemed a appeal, waiver grounds of a against the Government. each count. On thethe accused as the purpose of the killing was because of motion to the quash, the exceptions to this questions award of civil indemnity for are: his "corrupt practices ", which does not (1) no offense was charged in the complaint each count, considering that the victim is the appear to be politically There is or information; (2)would lackmotivated. of Jurisdiction; same woman. How you rule on the (3) no indication as to how the killing would SUGGESTED extinction of offense or penalty; and (4) contentionANSWER: of the the accused? Explain. (3%) The contention is unmeritorious. Under the promote or further the objective of the New double jeopardy. Since the ground invoked ALTERNATIVE ANSWER: law, every person criminally liable is civilly Peoples Army. The killing is murder because by the accused his motion for The crime should be in rebellion with murder (People vs. Balagtas) liable. (Art. 100, Revised Penal Code) Since it was committed with treachery. reconsideration is extinction of the offense, considering that Art. 135 of the Revised each count charges different acts then can be raised even afterfelonious plea. In fact, Penalit Code has already been amended by and ought to be punished differently, the CIVIL LIABILITY it may even be invoked on appeal Rep. Act No. 6968, deleting from said Article, concomitant civil indemnity ex delicto for common crimes which used to be punished every criminal act should be adjudged. Said Civil liability; Effect of Acquittal (2000) as part and parcel of the crime of rebellion. civil indemnity is mandatory upon a finding of Name at least two exceptions to the general The ruling in People vs. Hernandez, 99 Phil. the fact of rape; it is distinct from and should rule that in case of acquittal of the accused 515 (1994), that rebellion may not be not denominated as moral damages which in a be criminal case, his civil liability likewise completed with common crimes is committed are based on different jural foundations. SUGGESTED ANSWER: extinguished. (2%) Damages; Homicide; Temperate Damages (2006) in furtherance was because the Exceptions thethereof, rule that from a (People v. toJalosjos, G.R. acquittal Nos. 132875-76, In a crime of homicide, the prosecution failed common crimes were then penalized in Art. criminal case extinguishes civil liability, are: November 16, 2001) to present any receipt to substantiate the 135 together with theis rebellion, 1) When the civil action based on with one heirs' claim for an award of actual damages, penalty and Art. 48 the Rev. Penal arising from theof act complained of Code as a obligations not such as expenses for the wake and cannot be applied. Art. 135 saidburial. Code 2) When acquittal is ofbased on felony; What kindexactly of damages may the the trial court remained the same when case of reasonable doubt or acquittal is on the SUGGESTED ANSWER: award to that them and186 how much? (5%) Enrile vs, Salazar, SCRA 217 (1990) was ground guilt has not been proven The court may award temperate damages in resolved. Precisely for the reason that Art. 48 beyond reasonable doubt (Art. 29, New Civil the amount of twenty-five (P25,000.00) cannot apply because the common crimes 3) Acquittal due to an exempting Code); thousand pesos. Under jurisprudence, were punishedlike as part of rebellion in Art. circumstance, Insanity; 4) Where the 135, temperate damages is awarded in homicide that this Article was amended, deleting the court states in its Judgment that the case 48. It is noteworthy that in when no sufficient proof of Enrile actualvs. damages is common crimes therefrom. That the common merely involves a civil obligation; 5) Where Salazar the Supreme Court said offered (supra) or if the actual damages proven is crimes were deleted from for said Article, there than was a twenty-five proper reservation the filing these: less thousand (P25,000) demonstrates a apparent clear legislative intention to of a separate civil action; 6) In cases of "There is an need to restructure (People v. Salona, G.R. No. 151251, May 19, treat the common crimes as distinct from independent civil actions provided for in Arts. the law on rebellion, either to raise the 2004). Crimes and Against National Security rebellion remove legal 31, penalty 32, 33 and 34 of the New Civilimpediment Code; therefor or the to clearly define and 7) When the judgment of acquittal and the Law of Nations to the application of Art. delimit the other offenses to be includes a declaration that the fact from considered as absorbed thereby, so that if Piracy in the High Seas & Qualified Piracy (2006) which the civil liability might arise did not it cannot be conveniently utilized as the 8) Where the liability is not derived exist While (Sapiera the S.S. vs. Nagoya CA, civil 314 SCRA Maru 370); was negotiating umbrella for every sort of illegal activity or on from the criminal act of which the thebased sea route Hongkong towards Manila, undertaken in its name. The Court has no (Sapiera vs. CA. 314 SCRA 370). accused is acquitted andpower whileto still 300 miles from effect such change, for Aparri, it can Cagayan, its engines malfunctioned. interpret the law as it stands at The any Civil only liability; Effect of Acquittal (2000) Captain ordered thewhat ship is to stop lies for given time, old and needed A was a 17-year working student who was emergency repairs lasting for almost 15 beyond Hopefully, earning his keepinterpretation. as a cigarette vendor. B was hours. Due to exhaustion, the officers and Congress the need driving a car will alongperceive busy Espana Street for at Andfell significantly the said amendment to crew asleep. While the ship promptly seizing the initiative in was this about 7:00 p.m. Beside B was C. The car Art. 135 of the Rev. Penalby Code was anchored, a motorboat renegade matter, which is manned purely with in red its stopped atat an intersection because of the made around theCagayan, time thepassed ruling in Ybanags from Claveria, by province," signal of the traffic light. While waitingto for was handled down, obviously andSalazar took advantage of the situation. They cut the green signal, C beckoned A to buy some the ship's engines and took away several cigarettes. A approached the heavy crates of electrical equipment and loaded them in their motorboat. Then they left hurriedly

towards car neutralize and handed Aparri. the two AtHernandez daybreak, sticks of cigarettes and the the crew Salazar to found C. While that rulings. athe robbery transaction Thetook amendment place. was taking They was place, radioed sort the ofthe a traffic Aparri rider light Port to changed the Authorities coupto d'etat green resulting law, andRep. the car in Act the No immediately apprehension 6968. sped of the off. culprits. As the car continued What crime was committed? Explain. SUGGESTED ANSWER: Art 134-A: Coup d etat Quiapo, & Rape; Frustrated to speed towards A clung(2005) to the (2.5%) Piracy in the high was committed by the Taking into account the nature and elements window of the car seas but lost his grip and fell renegade Ybanags. The culprits, who are of the felonies of coup d etat and rape, may down on the pavement. The car did not stop. neither members of the complement nor one be criminally liable for frustrated coup A suffered serious injuries which eventually d passengers of the ship, seized(2%) part of the etat or frustrated rape? Explain. caused his death. C was charged with SUGGESTED ANSWER: equipment of the vessel In while it was three ROBBERY with HOMICIDE. the end, the No, one miles cannot be from criminally liable for hundred away Aparri, Cagayan Court was not convinced with moral certainty frustrated coup d etatCode). or frustrated rape (Art. 122, Revised Penal that the guilt of C has been established because in that coupwhile d etat mere was attack Supposing the the robbery beyond reasonable doubt and, thus, directed against the duly constituted taking place, the culprits stabbed a acquitted him on the ground of reasonable SUGGESTEDof ANSWER: authorities of thecrew Republic of sleeping. the Philippines, member the while doubt. Can the family of the can victim still Yes, any as against C, A's family still recover or military camp or Explain. installation, What crime was committed? recover civil damages in view of the acquittal SUGGESTED ANSWER: civil damages despite C's acquittal. When the communication networks, public utilities or (2.5%) of C? crime Explain. (5%) prosecution The is qualified accused in a committed criminal is piracy, other facilities needed for the exercise and because was accompanied by physical acquitted it on possession the ground that guilt has not continued of his power would injuries/homicide. The culprits stabbed a been proved beyond reasonable doubt, a may consummate the crime. The objective member of the crew while sleeping (Art. 123, SUGGESTED ANSWER: civil action for damages for the same act or not be to overthrow the government but only Revised Penal Code). 1) ... omission may be action to Yes. destabilize orinstituted. paralyze Such the government Crimes Against the Fundamental requires only a preponderance of evidence through the seizure of facilities and utilities If A's family can prove the negligence of there B to by 2) On As the lawyer other of hand, Andrew, in the I will crime file of a motion rape {Art. 29, CC). essential to the continued possession and Law of the State preponderance of evidence, the civil action quash the Information the ground of is no frustrated rape iton is either attempted or exercise of governmental powers. for damages The against B will prosper based who on prescription. consummated rape. crime If of false the accused testimony Violation of Domicile vs. Trespass to Dwelling (2002) quasi-delict. Whoever bya act or omission under Art. 180 has prescribed because Paolo, placed himself on top of woman, raising her What isdamage the difference between violation of causes to another, there being fault the skirt accused and unbuttoning in the principal his pants, case, the was endeavor domicile and trespass to dwelling? (2%) or negligence, is obliged to pay for therefore the acquitted on with January 1987 and to have sex her 10, very apparent, is guilty SUGGESTED ANSWER: damage done. Such fault or negligence, the of Attempted penalty prescribed rape. On for the such other crime hand, is entry The differences between violation of domicile about pre-existing contractual relation arresto mayor under Art. 180, par. 4, RPC. on the labia or lips of the female organ by and trespass to dwelling are; 1) The offender Crimes punishable byis arresto mayor between the parties, called a quasi-delict the penis, even without rupture of the hymen in violation of domicile is a public prescribes in five (5) years (Art. 90, par. 3, [Art. 2176,acting CC). This is entirely separate and or laceration of the vagina, consummates the officer under color of authority; in RPC). But the case against Andrew was distinct from civil liability crime of rape. More arising so, offender itfrom has filed long trespass to dwelling, the is a Civil Liability; Subsidiary; Employers (1998) only on June 18, 1994, whereas the principal negligence under the Penal Code [Arts, 31,vs. abandoned its stray decision in People private person or public officer acting in Guy, while driving a where passenger jeepney criminal case was with finality on was 2176, 2177, CC}. Erina 50 Phil 998 the accused 2) a private Violation ofdecided domicile is committed in 3 capacity. Art 134-A; Coup detat (2002) owned and operated by Max, bumped Demy, January 10, 1987 and, thence the found guilty of Frustrated rape. different ways: (1) by entering the dwelling of If a group ofperiod persons belonging to the armed a pedestrian crossing street.commenced Demy prescriptive of the another against the willcrime of the latter; (2) forces makes a swift attack, accompanied by sustained injuries which required medical to run. From January 10, 1987 to June 18, the searching of papers and other effects inside Prescription Crimes; Simple Slander (1997) violence, intimidation and threat against a attendance for three months. Guy was 1994 is more than five (5) years. dwelling without previous consent of the A wasmilitary charged in the an information with the vital installation for the purpose of charged with reckless imprudence resulting owner; or (3) refusing to leave the premises crime of grave oraland defamation but after trial, seizing power taking over such to physical injuries. Convicted by the which he found entered surreptitiously, after being SUGGESTED ANSWER: the court him guilty only of the offense installation, what crime or crimes are they Metropolitan Trial Court. Guy was sentenced 3) Trespass to dwelling is committed required to leave the premises. The perpetrators, being persons belonging to of simple slander. He filed a motion for guilty of? (3%) to suffer a straight three months of only in one way; penalty that is, of by entering the the Armed Forces, would be guilty of the reconsideration contending that, under the or arresto mayor and ordered to indemnify dwelling of another against the express crime ofcrime coup d'etat, under Article 134-A Upon finality ofof the decision, a writ of law, the simple slander would haveof Demy inwill theof sum of P5,000 and to pay implied the latter. the Revised Penal Code, as amended, execution was served upon Guy, but was prescribed in two months P1,000 as attorney's fees. from commission, because their attack was against vital returned due to his insolvency. and sinceunsatisfied the information against him was Crimes Against Public Order military installations which are essential to Demy moved for a subsidiary writ of filed more than four months after the alleged the continued possession and exercise of execution against Max. The latter opposed commission of the crime, the same had Art 134; Rebellion; Politically Motivated; Committed by The Solicitor General opposed the motion on governmental powers, and their purpose is the motion on-the ground that the decision already prescribed. NPA Members (1998) B. If the attack is quelled but the leader two grounds: first, in determining the to seize power by taking over such made no mention of his subsidiary liability On unknown, May 5, was 1992, at about 6:00 a.m., while is who shall be deemed the prescriptive period, the nature of offense installations. and that he not impleaded in the the case. SUGGESTED ANSWER: SUGGESTED ANSWER: Governor Alegre of Laguna was on board his leader thereof? (2%) charged in the Information should be How leader will you resolve the motion? unknown, any [5%] person The motion being is tothe be granted. Max as an who car traveling along the National Highway of considered, not crime proved; second, in fact directed the others, spoke for them, employer of Guy and engaged in an industry Laguna, Joselito and Vicente shot him on the assuming that the offense had already signed receipts business) and other documents issued (transportation where saidbyAt head resulting in his instant death. that prescribed, the defense was waived the in their name, or performed similar acts, on employee is utilized, is subsidiarily civilly time, Joselito and Vicente were members failure of A to raise it in a motion to quash. of behalf of ANSWER: the group shall be deemed the SUGGESTED liable under Article 103 of Revised Penal the liquidation squad of the the New People's Resolve the motion for reconsideration. The leader motion of said for coup reconsideration d'etat (Art 135, should R.P.C.) be Code. the decision made noupon Army Even and though they killed the governor granted.mention of their his subsidiary liability, Commander the law orders of senior officer. violated (Revisedto Penal Code) itself Tiago. According Joselito and Vicente,

Criminal Law Bar Examination Q & A (1994-2006)

45 of 86
day, while the class was going on, the student, B, approached A and, without any warning, slapped her. B would have inflicted further injuries on A had not C, another student, come to A's rescue and prevented B SUGGESTED ANSWER: from continuing his attack. B turned his ire 1. The crime of coup d'etat is committed byor a on C and punched the latter. What crime swift attack, accompanied by violence, SUGGESTED ANSWER: crimes, if any, did B commit? Why? (5%) B committed threat, two (2)strategy counts of assault: intimidation, ordirect stealth one for the slapping the professor, A, who against duly constituted authorities ofwas then conducting classes and thus exercising the Republic of the Philippines, military authority; another one for the violence camps andand installations, communication on the student C, who came the aid of the networks, public utilities and to facilities needed said professor. for the exercise and continued possession of By express provision of Article 152, in relation power, carried out singly or simultaneously to Article 148 of the Revised Penal Code, anywhere in the Philippines by persons teachers and professors of public or duly belonging to the military or police or holding recognized private schools, colleges and public office, with or without civilian support 2. The public school teacher committed only universities in the actual performance of their or participation, for the purpose of seizing or coup d'etat for hispower. participation therein. His professional duties or on the of such diminishing state (Art occasion 134-A, RPC). use of an unlicensed firearm is absorbed in performance are deemed persons in authority the purposes coup d'etat the new firearms law for ofunder the crimes of direct assault (Rep. Act No. 8294). and of resistance and disobedience in Articles Art 136; Conspiracy to said Commit Rebellion (1994) 148 and 151 of Code. And any person VC, JG. GG and JG conspired to overthrow the who comes to the aid of persons in authority Philippine Government. VG was recognized shall be deemed an agent of a person in as the titular head of the conspiracy. Several authority. Accordingly, the attack on C is, in meetings were held and the plan was the eyes of the law, an attack on an agent of Art 148; Persons in Authority/Agents of Persons in finalized. his conscience, a person JJ, in bothered authority,by not just an attack on a Authority (2000) confessed student. to Father Abraham that he, VG, JG Who are deemed to be to persons in authority and GG have conspired overthrow the and agents of persons in authority? (3%) government. Father Abraham did not report SUGGESTED ANSWER: this information to the proper authorities. Did Persons in authority are persons directly Father Abraham commit a crime? If so, what vested with jurisdiction, whether as an SUGGESTED ANSWER: crime was committed? What is his criminal No, Fatheror Abraham did notof commit a crime individual as a member some court or liability? because the conspiracy involved is one to government corporation, board, or commit rebellion, notcaptains a conspiracy commit commission. Barrio and to barangay treason which a personpersons criminally chairmen are makes also deemed in Agents of persons in authority are liable under Art 116, RFC. And even authority. (Article 152, RPC) persons who by it direct of law or by assuming that will provision fall as misprision of election by appointment by competent treason, or Father Abraham is exempted from authority, are charged with maintenance of criminal liability under Art. 12, par. 7, as his public the protection and security of failure order, to report can be considered as due to life and property, such as as barrio councilman, "insuperable cause", this involves the Conspiracy commit rebellion in barrio policeman, barangay leaderresults and any sanctity and to inviolability of a confession. criminalwho liability to to the co-conspirators, person comes the aid of personsbut in In applying the provisions of Articles not to a person who learned of such 148 and and did authority (Art. 152, RPC), 151 of the Penal authorities Code, teachers, not report to Rev. the proper (US vs. professors persons charged with the Vergara, 3 Phil.and 432; People vs. Atienza. 56 Phil. 353). Art 148; Direct Assault vs. Resistance & Disobedience supervision of public or duly recognized (2001) private schools, colleges and universities, A, a lawyers teacher in at the Mapa High performance School, having and actual of gotten mad at X, duties one ofor his because their professional onpupils, the occasion of of the latter's throwing paper clips persons at his such performance, shall be deemed classmates, twisted his right ear. X went out in authority. (P.D. No. 299, and Batas Art 156; Delivery of Prisoners from Jail (2002) of the classroom crying and proceeded home Pambansa Blg. 873). A, a detention a located at the prisoner, back of was the taken school.toHe hospital emergency treatment. reported for to his parents Ymedical and Z what A had His followers, of Z whom were armed, went done to him. Yall and immediately proceeded to take him away or to the thehospital school to building and because they were running and talking in loud voices, they were seen by the

help him chairman, barangay escape. The B, who prison followed guards, them seeing as he suspected that they were that an outnumbered untoward incident and might that happen. Upon resistance would seeing endanger A inside the the lives classroom, of other X pointed deckled patients, him out to his allow father, the prisoner Y, who to be administered taken by his a followers. fist blow on What A, causing crime, him if any, to SUGGESTED ANSWER: fall down. was committed When by Y was A's followers? about to kick Why? A, B (3%) A's followers shall be pinned liable as principals rushed towards Y and both of the in the crime of delivery of prisoner from latter's arms. Seeing his father being held Jail by (Art. 156, Revised Penal Code). B, X went near and punched B on the face, which caused him to lose his grip on Y. The felony is committed not only by removing Throughout this incident, Z shouted words of from any jail or penal establishment any encouragement at Y, her husband, and also person confined therein but also by helping in threatened to slap A. Some security guards of the escape of such person outside of said the school arrived, intervened and establishments by means of violence, surrounded X, Y and Z so that they could be intimidation, bribery, or any other means. investigated the principal's office. Art 157; Evasion in of Service of Sentence (1998) Before leaving, Z passed near A and threw a small Manny killed his wife under exceptional flower pot at him but it was deflected a) circumstances and was sentenced by by B. the What, if any, are theof respective SUGGESTED ANSWER: Regional Trial Court Dagupan criminal City to suffer liability ofliable X of Y and (6%) b) Would your a) X is for Z? Direct Assault only, the penalty destierro during which he was answer bethe the same were a barangay assuming physical injuries inflicted on B, not to enter the city. if B tanod only? (4%) While serving sentence, Manny went and to the Barangay Chairman, to be only slight Dagupan Citybe to absorbed visit his mother. Later, he hence, would in the direct 1. Did Manny commit any was arrested in Manila. assault. A Barangay Chairman is a person 2. If so, where should he be crime? [3%] in authority (Art. 152, RPC) and in this case, prosecuted? [2%] was performing his duty of maintaining peace and order when attacked. Y is liable for the complex crimes of Direct Assault With Less Serious Physical Injuries for the fist blow on A, the teacher, which caused the latter to fall down. For purposes of the crimes in Arts. 148 and 151 of the Revised Penal Code, a teacher is considered a person in authority, and having been attacked by Y by reason of his performance of official duty, direct assault is committed with the resulting less serious physical injuries completed. Z, the mother of X and wife of Y may only be liable as an accomplice to the complex crimes of direct assault with less serious physical injuries committed by Y. Her participation should not be considered as that of a coprincipal, since her reactions were b) If B were a Barangay Tanod only, the act only incited by her relationship to X and Y. as of X of laying hand on him, being an agent of the mother of X and the wife of Y. a person in authority only, would constitute the crime of Resistance and Disobedience under Article 151, since X, a high school pupil, could not be considered as having acted out of contempt for authority but more of helping his father get free from the grip of B. Laying hand on an agent of a person in authority is not ipso facto direct assault, while it would always be direct assault if Art 148; Direct Assault; Teachers & Professors (2002)to done to a person in authority in defiance A, a lady professor, was giving an the latter is exercise of authority. examination. She noticed B, one of the students, cheating. She called the student's attention and confiscated his examination booklet, causing embarrassment to him. The following

Criminal Law Bar Examination Q & A (1994-2006)

46 of 86

fetched by one of Pascual's men tried to appease Pascual and Renato to prevent a violent confrontation. However, Pascual resented the intervention of the barangay captain and hacked him to death. What SUGGESTED crime was ANSWER: committed by Pascual? Discuss Pascual committed the complex crime of fully. homicide with assault upon a person in authority (Arts. 148 and 249 in relation to Art, 48, RPC). A barangay chairman, is in law (Art. 152), a person in authority and if he is attacked while in the performance of his official duties or on the occasion thereof the felony of direct assault is committed. Art. 48, RPC, on the other hand, provides that if a single act produces two or more grave or less grave felonies, a complex crime is committed. Here, the single act of the offender in hacking the victim to death resulted in two felonies, homicide which is grave and direct assault which is less grave.

acting as principal offenders, launched a swift attack thru strategy, stealth, threat, violence or intimidation against duly constituted authorities of the Republic of the Philippines, military camp or installation, communication networks, public facilities or utilities needed for the exercise and continued possession of governmental powers, for the purpose of seizing or Unlike rebellion which requires a public diminishing state powers. uprising, coup d'etat may be carried out singly or simultaneously and the principal offenders must be members of the military, national police or public officer, with or without civilian support. The criminal objective need not be to overthrow the existing government but only to destabilize Complex Crime; Direct Assault government. with murder (2000) or paralyze the existing Because of the approaching town fiesta in San Miguel, Bulacan, a dance was held in Barangay Camias. A, the Barangay Captain, was invited to deliver a speech to start the Crimes against Public Interest dance. While A was delivering his speech. B, one of the guests, went to the middle of the False Notes; Illegal Possession (1999) dance floor making obscene dance 1 Is mere possession of false money bills movements, brandishing a knife and punishable under Article 168 of the Revised Penal SUGGESTED ANSWER: challenging everyone present to a fight. A Code? (3%) 1. Yes. Explain. Manny committed the crime of approached B and admonished him to keep 2 The accused was caught in possession of evasion of service of sentence when he went quiet and not to disturb the dance and peace 100 counterfeit P20 bills. He could not explain to Dagupan City, which he was prohibited of the occasion. B, instead of heeding the how and why he possessed the said bills. Neither from entering under his sentence of advice of A, stabbed the latter at his back could he explain what he intended to do with the destierro. when A turned his back to proceed to fake bills. Can he be held criminally liable for such twice A sentence imposing the penalty of destierro SUGGESTED ANSWER: the microphone to continue his speech. fell possession? Decide. (3%} enters any of the is evaded when the convict The complex crime of direct assaultA with to the ground and died. At of the place/places he is prohibited from entering murder was committed. A, the as time a Barangay incident A not armed. What crime under the sentence or come within the Captain, iswas a person in authority and was was committed? (2%) prohibited radius. Although destierro does acting in an Explain. official capacity when he tried to not involve imprisonment, it is nonetheless a maintain peace and order during the public deprivation of liberty. (People vs. Abilong. 82 dance in the Barangay, by admonishing B to 2. Manny Phil. 172).may be prosecuted in Dagupan City keep quiet and not to disturb the dance and or in Manila where he was arrested. This peace of the occasion. When B, instead of is so because evasion of service of heeding A's advice, attacked the latter, B sentence is a continuing offense, as the acted in contempt and lawless defiance of convict is a fugitive from justice in such authority constituting the crime of direct case. (Parulan vs. Dir. of Prisons, Lassault, which characterized the stabbing of A. 28519, 17 Feb. 1968) And since A was stabbed at the back when he Art. 134; Rebellion vs. Coup d'etat (2004) was not in a position to defend himself nor Distinguish clearly but briefly: Between retaliate, there was treachery in the stabbing. rebellion and coup d'etat, based on their Hence, the death caused by such stabbing constitutive elements as criminal offenses. was murder and having been committed with SUGGESTED ANSWER: Art 148; Direct Assault with murder (1995) direct assault, a complex crime of direct REBELLION is committed when a multitude of Pascual operated a rice thresher in Barangay assault with murder was committed by B. persons rise publicly in arms for the purpose Napnud where he resided. Renato, a resident of overthrowing the duly constituted of the neighboring Barangay Guihaman, also government, to be replaced by a government operated a mobile rice thresher which he of the rebels. It is carried out by force and often brought to Barangay Napnud to thresh violence, but need not be participated in by the palay of the farmers there. This was any member of the military, national police bitterly resented by Pascual, one afternoon COUP is committed when members or any D'ETAT public officer. Pascual, and his two sons confronted Renato of the military, Philippine National Police, or and his men who were operating their mobile public officer, rice thresher along a feeder road in Napnud. A heated argument ensued. A barangay captain who was

the prosecution of Andrew for giving a false document; or by erasing, substituting, testimony favorable to the defendant in a counterfeiting, or altering by any means the criminal case. 1.] Will the case against figures, letters, words or signs contained therein. Andrew prosper? 2.] Paolo was acquitted. FALSIFICATION, on the other hand, is committed The decision became final on 1 Counterfeiting or imitating any handwriting, by: January 10, 1987. On June 18, 1994 a case of signature or rubric; false testimony was filed against Andrew. As his giving 2 Causing it to appear that persons have lawyer, what legal step will you participated in any act or proceeding when they SUGGESTED take? ANSWER: 1) Yes. For one to be criminally liable under did not in fact so participate; Art. 181, RFC, it is not necessary that the 3 Attributing to persons who have criminal case where Andrew testified is participated in an act or proceeding statements terminated first. It is not even required of the other than those in fact made by them; 4 Making untruthful statements in a narration prosecution to prove which of the two statements of the witness is false and to of facts; prove the statement to be false by evidence 5 Altering true dates; 6 Making any alteration or intercalation in a other than the contradictory statements (People vs. Arazola, 13 Court of Appeals Report, genuine document which changes its meaning; 2) As lawyer of Andrew, I will file a motion to 2nd series, p. 808). 7 Issuing in an authenticated form a quash the Information on the ground of document purporting to be a copy of an original prescription. The crime of false testimony document when no such original exists, or under Art. 180 has prescribed because Paolo, including in such copy a statement contrary to, or the accused in the principal case, was different from, that of the genuine original; or acquitted on January 10, 1987 and therefore 8 Intercalating any instrument or note relative the penalty prescribed for such crime is to the issuance thereof in a protocol, registry, or arresto mayor under Art. 180, par. 4, RPC. official book. Crimes punishable by arresto mayor prescribes in five (5) years (Art. 90, par. 3, RPC). But the case against Andrew was filed only on June 18, 1994, whereas the principal criminal case was decided with finality on January 10, 1987 and, thence the prescriptive period of the crime commenced to run. From January 10, 1987 to June 18, Falsification; Presumption of Falsification SUGGESTED ANSWER: 1994 is more than five (5) years. (1999) A falsified official or public document was 1 No. Possession of false treasury or bank found in the possession of the accused. No note alone without an intent to use it, is not evidence was introduced to show that the punishable. But the circumstances of such possession may indicate intent to utter, sufficient accused was the author of the falsification. to consummate the crime of illegal possession of As a matter of fact, the trial court convicted the accused of falsification of official or public false notes. 2 Yes. Knowledge that the note is counterfeit document mainly on the proposition that "the and intent to use it may be shown by the conduct only person who could have made the erasures and the superimposition mentioned of the accused. So, possession of 100 false bills reveal: (a) knowledge that the bills are fake; and is the one who will be benefited by the alterations thus made" and that "he alone (b) intent to utter the same. Was conviction of the could the have the motive foraccused makingproper such although the conviction was premised merely False Testimony (1994) alterations". on the aforesaid ratiocination? Explain your Paolo was charged with homicide before the SUGGESTED ANSWER: answer. (3%) Regional Trial Court of Manila. Andrew, a Yes, the conviction is proper because there is prosecution witness, testified that he saw a presumption in law that the possessor and Paolo shoot Abby during their heated user of a falsified document is the one who argument. While the case is still pending, the falsified the same. City Hall of Manila burned down and the entire Forgery & Falsification (1999) records of the case were destroyed. Later, the How are "forging" and "falsification" committed? records were reconstituted. Andrew was again SUGGESTED ANSWER: (3%) called to the witness stand. This time he FORGING or forgery is committed by giving testified that his first testimony was false and to a treasury or bank note or any instrument the truth was he was abroad when the crime payable to bearer or to order the appearance took place. of a true and genuine

Criminal Law Bar Examination Q & A (1994-2006)

47 of 86 The judge immediately ordered

Criminal Law Bar Examination Q & A (1994-2006)

48 of 86 49 50 51 52 53 54 55

ALTERNATIVE ANSWER: SUGGESTED ANSWER: There or infidelity accused Danny King but returned there committed is must no claimed was crime in make to the jail no the that of custody reparation early attempt subornation composite they each of are documents to corresponding morning, not crime kill? ofpublic perjury. Explain of until Rape shall Sisenando account Dela execution consideration" Works permission Renta and for which purchased Highways, from may the ofwould his still the government duty be prompt the have suspended officer. share amount produced enforcement of Upon property of the pendente the of is No. Pete did not act in defense of hisrefers honor. Pascual committed the complex crime of The be the accountable to the with your imposed. ten-day crime homicide answer. value issentence of now officers Sec. (3%) as the treated 1 acar of single and, had P.D. which as if been No. indivisible any plain is1829 P800,000.00. fully crime perjury served. offense, was with enough lite intended the writ reaching despite of the felony factual execution holding front of yard homicide basis a which different of for his is were home, an afor public official it finding not he office, for duty of stockholders P100,000.00 known of Estrella as the Corporation fund in two For this defense to apply under Art. 11, taking there homicide with assault upon a person in term SUGGESTED ANSWER: ALTERNATIVE ANSWER; the merely committed, Did not one the a complex to Chief inducing the it of should imposition crime, Police another only commit and of as be the Theft. the Estafa any higher principal The crime? under installments, malversation. the causes of the construction, noticed PDIC, sheriff independent that when the to making rehabilitation, Indeed, do. light he of was him in the even the the charged. act master betterment, majority his of Dante. explanation bedroom The and The accused is liable for the death of the a) On the premise that even without the must SUGGESTED be an ANSWER: unlawful aggression which is authority (Arts. 148 and 249 in relation to Art, Malversation; Properties; Custodia Legis (2001) inducement, penalty Art. Explain. of Laura's 315, and par. jewelry does and l(b) the of not when the latter, preclude Revised she as is principal prosecution already Penal Code. by dead that "office" Dante was on the had and in guns Sec. the that were intent 13 the ofstolen bedroom R.A. to kill 3019 is judging incredible. window applies from was to For the any if stockholder Improvement thereof (CRBI) and for the eventually, concreting its of The Chief of Police is guilty of violation of Art. victim even though he merely aimed and P2,000, Sheriff Ben Rivas had to carry out defined as an attack or material aggression 48, RPC). A barangay chairman, is in law (Art. Accused Juan Santos, a deputy sheriff in a direct for What is only obstruction is participation theft. the proper of justice, offense (People even vs. committed? Podol if the 66 same Phil. State president. the office weapon Barangay open. firearms Approaching which used, Phanix Because were the theRoad officer manner actually the the located front stockholders might of stolen, door, committing incurrently Masinloc, he he who was should the sold be 223, RPC, consenting or conniving to fired ALTERNATIVE at the ANSWER: latter's leg, "not intending to liable kill the writ of execution and not that he would Criminal that Liability; a danger Tumultous to Affray his life (1997) or personal 152), a person in authority and if he is Regional Trial Court, levied on the personal 365) not constitute the reason(s) .poses Since in this for another your case answer. offense. A cannot (5%) be held have holding crime surprised reported and and to the hear not part the sighs necessarily matter of the and body immediately giggles stabbed. the inside office to the the or their Zambales, stocks afailed project to undertaken comply with on their proposal Obstruction of Justice is not committed in evasion, the elements of which are (a) he is SUGGESTED ANSWER: the victim", considering that the gunshot was be implementing the writ only because of safely. It must be a real aggression attacked while in performance of his During a town fiesta, a free-for-all fight properties of a defendant in a civil case for perjury, the matter that he testified to warranties authorities. position Dante of the Barangay bedroom. is guilty in He attendant relation (People opened ofCaptain. less vs. to to the serious Baguiran which the door Informed sale, physical very he , 20 Sisenando is that carefully SCRA charged the 453; The proper offense committed was this case, because the act destroying the a public officer, (b) he is in of charge or custody felonious and was the proximate cause of the the receipt ofG.R. the amount by C. AP2,000.00, rushed inside and grabbed C but the characterized by apursuant physical force or with a official duties or on the occasion thereof the erupted in the public plaza. As awrit result of the before said court, to a of being immaterial, he cannot therefore be held Felicilda (Segovia injuries and peeped for us. v. Grospe, the Sandiganbayan, inside wounds GR where No. sustained 10294, he saw July his No. by 3, wife 122740, 1992) B withheld fund was payment already exhausted of the second while installment the (1999) Malversation of Public Property, not estafa, Malversation vs. Estafa (1999) evidence in his custody is already penalized of a prisoner, detention or prisoner by final death. An offender is liable for all the direct, said sheriff may be regarded as a gift latter managed to wrest himself free and weapon to cause injury or damage to one's felony of direct assault is committed. tumultuous affray, A sustained one fatal and execution duly issued by the court. Among March 30,1998). responsible as a principal by inducement due Mamerto. concreting having on sexual the There of shares Barangay intercourse appears and deposited Phanix to with be no Road their the intent neighbor remained money to in What Art. 48, constitutes RPC, on the the other crime hand, of and malversation provides considering that Reyes and Santos, upon How is malversation distinguished from by law which imposes a higher Infanticide (2006) judgment, (c) that prisoner escaped, and natural, logical consequences of his received by reason of his office not as a jumped out of the window, A of followed suit life. (People v. Nahayra, G.R. Nos. 96368-69, three superficial stab wounds. He died a day theanother properties levied upon and deposited when heand induced Cthe to testify on his status. kill because Dante merely assaulted escrow unfinished, instead, a representative subject to release the once said SUGGESTED ANSWER: Under Article 247 of the Revised Penal that if a single act produces two or more of public funds or property? (2%) their application, were constituted as "fiscal estafa? penalty. (Sec. 1, P.I). No. 1829) (d) there must be connivance. Ana has been a bar girl/GRO at a beer house felonious act different from what he "consideration" for the performance of an and managed to catch C again and after a The October 17, 1991; People v. proven Housing, G.R. No. after. C, D although and Enot were to be inside B, the "evidence room" of the Clerk of Consequently, C is liable as principal by stockholders Mamerto Commission without on comply Audit using with conducted the their knife. warranties. a spot audit SUGGESTED ANSWER: Malversation differs from in that Jurisdiction; Impeachable Public (2006) Relaxation of a prisoner isOfficers considered Code, is destierro a penalty? Explain. grave or less grave felonies, aestafa complex agents" of the sequestered firm and were for more than 2 years. She fell in love with intended. However, since specific intent to official duty; hence, only indirect Bribery 64965, July 18, 1991) furious struggle, managed also to strangle participants in the "rumble", each using a Court for Multiple RTC Salas were a direct participation in perjury, having testified stockholders of Elizabeth who concerned, failed to in account turn, rescinded for the the SUGGESTED ANSWER: Malversation of public funds or property malversation is committed by an accountable b) On the part of the plaintiff and her Judge Rod Reyes was appointed bythe former infidelity, thus making the penalty crime is committed. Here, the single act her. of is Perjury (2005) "given custody and possession" of Oniok, the bartender, who impregnated kill is against absent, the crime for said death is only would be committed by said sheriff. him to death. A then rushed back to his knife A, but it could not be refrigerator, a stock of cassette tapes, a on matters not material to an administrative sale Pl00,000 in question CRBI fund. and Elizabeth, removed Sisenando who was from In the case of People v. Abarca, G.R. No. committed by any public officer who, or by ALTERNATIVE ANSWER: public officer involving public lawyer as giver of the bribe-money, the President Fidel Ramos as Deputy Ombudsman ineffectual; although the convict may not the offender in hacking the victim tofunds death Al Chua, a Chinese national, filed a petition sequestered properties, including the But Ana did not inform him about her homicide and not murder (People vs. Pugay bedroom where his wife B was cowering ascertained who among them inflicted the dining table set of chairs and several case. the charged Presidency with malversation of the Estrella of public Corporation, funds, 74433, September 14, 1987 ,7 the Court ruled The accused is liable for the death of the reason of the duties of his office, is property under his custody and crime is Corruption of Public Officials under for the Visayas for a term of years have fled (US vs. Bandino, 9 Phil. 459) it is still resulted in two felonies, homicide which is under oath for naturalization, with the delivery vans which later they could not off condition and instead, went home toA Cebu and Samson, 167 SCRA 439) under the bed covers. Still enraged, hit Bto mortal injury. Who shall be held criminally lampshades. Upon the defendant's paying Sisenando was acquitted then by filed thePenal a Sandiganbayan verified complaint of that for that Article 247 does not define a felony. victim in as much as his act of shooting the accountable for public funds or property, shall accountability; while estafa is committed by SUGGESTED ANSWER: Article 212, Revised Code. commencing on July 5,1995. Six months violative of the provision. It also includes a grave and direct assault which is less grave. Regional Trial Court ofA Manila. In his petition, account for. They were thus made the conceal her shame. However, her parents with fist blows and rendered her liable for death of and for what? the C, judgment creditor, he tried to claim his damages charge but against was nevertheless said stockholders convicted, in his in the However, it went on to state that the penalty victim atthe the leg is felonious and is the take orCrime; misappropriate or shall consent, or Direct Complex Bribery: Infidelity Parricide inw/ the unintentional Custody of Documents abortion B, D, and E being participants in non-accountable public officer or private thereafter, a lady stenographer filed with the case when the guard allowed the prisoner, he stated that he is married to Leni Chua; that depositary and administrator of properties drove her away. So she returned to Manila unconscious. The police arrived after being properties but found out that several items capacity same criminal as president case, for and illegal principal use of public is merely banishment of the accused, proximate (People vs. Revilla). cause of death. A person (2005) through (1994) abandonment or negligence, shall tumultuous affray and having been proven to individual involving funds or property for Office of the Ombudsman a complaint for acts who is serving a six-day sentence in the he is living with her as in Sampaloc, that deposited by public authority andManila; hence, by and stayed with Oniok in hisargued boarding house. summoned by their neighbors and arrested were missing, such the cassette tapes, stockholder funds. On appeal, of Estrella Elizabeth Corporation. that In his her intended for protection. Punishment, performing ahis felonious act is criminally liable permit any other person to take such public During Aldrich a was PNP dismissed buy-bust from operation, his Job Cao by Shih have inflicted serious physical injuries, or has at which he is not accountable to the of lasciviousness and with the Supreme Court municipal Jail, to sleep in his house and eat he is of good moral character; and that he the duties of their office/position, they are Upon learning of her pregnancy, already in A who was detained, inquested and charged chairs and lampshades. After due and retaliation, conviction was the stockholders erroneous as concerned, she applied after the Public Officers; Infidelity in Custody of Prisoners (1997) therefore, is not inflicted on the accused. Malversation: Anti-Fencing: Carnapping for all the direct, natural, and logical funds or property, wholly or partially, or shall was employer. SUGGESTED arrested ANSWER: Upon for reaching selling 20 home, grams his of pregnant least, employed violence upon A, are government. a petition for disbarment against him. there conducted himself in an irreproachable accountable for such properties. Such an advanced state, Oniok tried to persuade for the death ofSecurities CMunicipal and serious physical ALTERNATIVE ANSWER: diligent sleuthing by the police detectives petitioning amount of P50,000.00 the for and a public Exchange purpose During a town fiesta. A,act the chief of police, (2005) Allan, the Treasurer of the a) Yes, AANSWER: is liable for C's death but under consequences of such although different SUGGESTED otherwise be guilty of the misappropriation methamphetamine wife, Carmi, nagged hydrochloride him about money (shabu) for to or criminally liable for the latter's death. And Forthwith, he filed separate motions to manner during his stay in the Philippines. properties, having been sequestered by the Yes. Article 247 of the Revised Penal Code her to undergo an abortion, but she refused. Injuries of B. a) Is A liable for C's death? assigned to the case, these missing items Commission without violating to declare any law the or rescission ordinance valid, permitted B, a detention prisoner and his Municipality of Gerona, was in a hurry to Elizabeth's contention that her conviction for the exceptional circumstances in Article 247 from what he intended. And since such death malversation of such funds or property, (Art, a her poseur-buyer. medicines. Depressed Cao Shih, through by his dismissal an because it cannot be ascertained who among dismiss the complaint for acts of However, atin the time of the filing of the Government through the PCGG, are in does not define and provide for a specific Malversation Because of (1999) their constant and bitter quarrels, Why? (5%) b) Is A liable for B's injuries? were found the of accused Santos, further appropriating filed a the criminal said amount case for for perjury any specific against compadre, to Reyes leave the municipal jail and The failure of and Santos to give any return to his office after a (technical day-long official illegal use of public funds of the Revised Penal Code, where was SUGGESTED attended ANSWER: by house treachery, the same will 217, RPC) intermediary, and angered by paid the Patrick, nagging the of Evidence hisonly wife, them inflicted the mortal injury on A, there lasciviousness and petition for disbarment, petition, Leni Chua was already living in Cebu, custodia legis and therefore impressed with crime but grants a privilege or benefit to the she suffered birth pangs and gave birth A Municipal Treasurer, accountable for public Why? (5%) who reasoned out that he only borrowed SUGGESTED ANSWER: 10:00 a.m. to 8:00 p.m. B returned to the municipal Sisenando, purpose. The claiming absence that of such the latter law or perjured If I were the fiscal/prosecutor, I would file an entertain visitors in his house from satisfactory explanation why the his vans were conference. He alighted from the government malversation) was erroneous, is legally destierro is prescribed. Article 247 governs constitute murder but the accused should be Custodian Aldrich struck of the Carmi PNP with Forensic his fist. Chemistry She fell to being a free-for-all fight or tumultuous affray. claiming lack of jurisdiction over person while Al was living with Babes Toh in Manila, the character of public property, even though accused for the killing of another or the prematurely to a live baby girl while Oniok funds or property, encashed with public The motion to dismiss the complaint of the by them temporarily. If you were the fiscal 8:30 p.m. there any crime committed jail at himself ordinance when was, he in stated fact, established. under oath in Is the information for Malversation against Juan missing, isWas prima facie evidence that they SUGGESTED ANSWER: car which was officially assigned to him, tenable because she was charged for since A surprised his wife B in the act of given the benefit of the mitigating Section, the ground. the As amount a result, of P500,000.00 she and her unborn in B, C, D, and E are all liable for the crime of and office. Are both motions meritorious? with whom he has an amorous relationship. the properties belong to the a private individual infliction of Serious Physical Injuries. was atprivate his place of work. Upon coming home funds checks drawn in favor of his SUGGESTED ANSWER: Deputy Ombudsman for acts of /prosecutor, what would be the nature of the SUGGESTED ANSWER: A? No, Sisenando may not be held liable for verification contention of of Elizabeth his complaint legally for tenable? damages that Santos for the cassette tapes, chain and had put the same to their personal use. leaving the ignition key and the car unlocked, malversation of public funds under Art. 217 having sexual intercourse with C, by and the circumstance that he did not intend to consideration baby died. What for crime the destruction was committed Patrick by of death caused in a tumultuous affray under (5%) After his direct testimony, Al Chua withdrew (Art. 222, RPC). Destierro is a punishment whereby a convict Yes, A committed the crime of infidelity in and learning what happened, he prevailed wife. The checks bounced, the drawer not Murder; Definition & Elements (1999) Aldrich committed the crime of parricide with lasciviousness should be denied as only the information to be filed against the accused? Malversation (2006) Criminal Liability; Tumultuous Affray (2003) perjury because It cannot be reasonably he Explain. is the President of the Estrella Corporation lampshades which he, as deputy sheriff, and rushed to his office. Jules, a bystander, of the Revised Penal Code but was convicted killing of C was "Immediately thereafter" as commit so grave a wrong as that which was the Aldrich? drug. Patrick managed to destroy the Article 251 of the Revised Penal Code. his for naturalization. What crime or crime? is banished to certain place and the custody of a prisoner. Since B is a of upon Ana tothat conceal her dishonor. Hence, having enough cash in the drawee bank. The Define murder. What are the elements the unintentional abortion. When Aldrich struck Ombudsman isa included in the list of Why? (5%) 1. In 1982, the Philippine National Bank (PNB), In apetition free-for-all brawl that ensued after some Grave Scandal (1996) maintained he willfully and deliberately SUGGESTED ANSWER: when in fact he had already been removed levied upon and thus under his accountability drove off with the car and later sold the same for Illegal use of public funds which is the discovery, escape, pursuit and killing of as C committed (Art. 13(3), RPC) drug. State with reasons whether Patrick crimes, if any, did Al Chua commit? Explain. SUGGESTED ANSWER: prohibited from entering or coming near that detention prisoner. As Chief of Police, A has they placed the infant in a shoe box and Municipal Treasurer, in encashing private [3%] his wife, Carmi, with his fist, he committed impeachable officers found in Article XI of the Al Chua committed perjury. His declaration What are the respective crimes, if he any, SUGGESTED ANSWER: then abold government banking institution, hired customers inside aliving night club became made an assertion of a falsehood when Pia, actress on top floor ofunruly, a such. Under the facts of the case, could as aa public officer. Said properties being to his brother, Danny for P20,000.00, defined and punished under Art. 220 of said form one continuous act. (U.S. vs. Vargas, 2 committed the following crimes: (7%) 1.] (a) Murder is the unlawful killing of person (5%) place designated in the sentence, not less custody over B. Even B returned toa the threw it into a nearby creek. However, an checks from public funds, violated b) crime Likewise, A is liable for the serious the of maltreatment under Art, 266, Patrick the crimes of Direct 1987 Therefore, the under oath for naturalization that he is of committed by Allan, Danny and Jules? Henry dela Renta, a CPA, as Regional Bank guns were fired by aifMakati group, among them A alleged in the complaint that he is the plush Constitution. condominium in City sunbathed Sisenando be held liable for perjury? Explain. under levy, are in custodia legis and thus although the car was worth P800,000.00. Code. Acommitted public officer charged with Phil. 194) Direct Bribery ; which otherwise would constitute only SUGGESTED ANSWER: than 25 kms. (People v. Araquel, G.R. No. Lmunicipal Jail at 8:30 p.m. A, as custodian of inquisitive neighbor saw them and with the regulations of his office. Notwithstanding physical injuries he inflicted on his wife B but par. 3 of the Revised Penal Code, Since Carmi Bribery and Infidelity in the Custody of Sandiganbayan has jurisdiction over his good moral character and residing at Explain. Auditor. In 1992, he resigned and was and B, at that finally the customers back to President of the Corporation, obviously, he naked its penthouse every Sunday impressed with theput character of public malversation may not be validly convicted of Did the court correctly order Pete pay homicide, had it not been attended byto any of Allan, the municipal treasurer is liable for 12629, December 9, 1959) the prisoner, has maliciously failed to help of others, retrieved the infant who was restitution of the amount of the checks, can under the same exceptional circumstances died because of the felonious act of Aldrich, Documents. When a public officer is called prosecution (Office of the Ombudsman vs. CA, Sampaloc, Manila are false. This information employed by the Philippine Deposit Insurance their senses. Unfortunately, one customer made the allegation on the premise that his morning. She was unaware that the business property, misappropriation of which illegal use of public funds (technical SUGGESTED ANSWER: indemnity despite his exoneration under 1. With treachery or taking advantage of the following circumstances: malversation committed through negligence perform the duties of his office, and when he already from drowning. The incident the Municipal Treasurer nevertheless be in Article 247 of the Revised Penal Code, for he is criminally liable of parricide under Art. upon to dead perform or refrain from performing SUGGESTED ANSWER: G.R. 146486, March 4, 2005) . Likewise, the is material to his petition for naturalization. Corporation (PDIC), another governmentdied. Subsequent investigation revealed that removal from the presidency is not valid and executives holding office at the adjoining tall constitutes the crime of malversation malversation) because the latter crime is not Yes, notwithstanding the restitution of the Article 247 of the Revised Penal Code? superior strength, or with the aid of armed or culpa. The government car which was permits said prisoner to obtain a relaxation was reported to the police who arrested Ana criminally liable? What crime did he commit? Juan Santos misappropriated such properties The conviction of Ana and Oniok is not the same reasons. 246, RPC in relation to Art. 4, par. 1 of the an official act in exchange for a gift, present Supreme Court has jurisdiction over the He committed perjury for this willful and owned and controlled corporation. In 1995, A's gunshot had inflicted on the victim a that is precisely the issue brought about by buildings reported to office every Sunday SUGGESTED ANSWER: although said properties belonged to a necessarily included nor does it necessarily amount of the check, the Municipal Explain. men, or employing means to weaken the to assigned to him is public property under his Death under Exceptional Circumstances (2005) of his imprisonment, he consents to the and Oniok. The were charged with parricide Explain. correct. They (2%) are liable for when, in breach of trust, he applied them same Code. Since the unborn baby of Carmi or consideration given to him (Art. 210, petition for disbarment, as he is awhich member of deliberate assertion of falsehood isthis Yes, because the privilege defined under after the PNB management unearthed many slight wound that did not cause the his complaint to2the SEC. Itinfanticide is a fact that morning and, with the use of powerful private individual (Art. 222, RPC). include the crime of malversation. The Treasurer will be criminally liable as defense or of means or persons to insure or accountability by reason of his duties. By his Pete, a security guard, arrived home late one prisoner escaping the punishment of being under Article 246 of the Revised Penal Code. his own private use and benefit. His because they killed a child less than three died in the process, but Aldrich had no Revised Penal Code), the crime committed is the bar. His motion to dismiss should be contained in a verified petition made for a Article exempts the offender from criminal irregularities and violations of the bank's rules deceased's death nor materially contribute to Sisenando has been the President of the binoculars, kept on gazing at her while she Sandiganbayan should have followed the restitution does not negate criminal liability 2. In consideration of a price, reward afford impunity; Malversation (1994) act of negligence, heconvicted permitted the taking of night after rendering overtime. He was deprived of his liberty which can be After trial, they were of the crime days of age (Art. 255, Revised Penal Code). allegation that he only borrowed such intention to cause the abortion his wife, direct bribery. Secondly, he destroyed the denied (See Rule 139 and 139 of the Rules of legal purpose. (Choa v. People, G.R. No. 142011, liability but not from civil liability. (People v. and regulations, dela Renta was found to have it. It was B's gunshot that inflicted a fatal corporation and it is from that position that sunbathed. Eventually, her sunbathing procedure provided in Sec. 11, Rule 119 of although it may beperson, considered as a ALTERNATIVE ANSWER: 3. By means oragent, on thewas occasion of or promise; Randy, an NBI issued by the NBI the car by another resulting in Murder & Sec. 25, R.A. No. 9165 (2005) shocked to see Flor, his wife, and Benjie, his considered real and actual evasion of service charged. Was the conviction correct? properties is a lame excuse, devoid of merit Aldrich committed unintentional abortion as shabu which is an evidence in his official Crimes Committed by Public Court). March 14, 2003) Abarca, G.R, No. L-74483, September 14, 1987; manipulated certain accounts involving trust wound on the deceased. A contended that his stockholders concerned purportedly became the talk of the town. 1) What crime, No crime was committed by the Chief of the Rules of Court and order the filing of the mitigating circumstance similar or analogous inundation, fire, poison, explosion, shipwreck, an armalite rifle (Ml6) and a Smith and SUGGESTED ANSWER: malversation, consistent with the as language best friend, completely naked having sexual Candido stabbed anRPC. innocent bystander who under Article of the Revised Penal Code as there is no223 one from whom he borrowed defined in Art. 257, Inasmuch the custody, thus, constituting infidelity in the Art. 12, Revised Penal Code) funds and time deposits of depositors. After liability should, if at all, be limited to slight removed him, whereupon he filed the if any, did Pia commit? Explain, 2) What Police. It was an act of leniency or laxity proper Information. (Parungao us. to voluntary surrender. (People vs. stranding of aonly vessel, Officers derailment assault Danny violated the Anti-Fencing Law. He is in No, I beg to disagree with A's contention that Wesson Revolver. Cal. 38. After a or year, the SUGGESTED ANSWER: of Art. 217 of the Revised Penal Code. intercourse. Pete pulled out his service gun accidentally bumped him. The innocent Homicide; Fraustrated; Physical Injuries (1994) (People vs. Leon Bandino 29 Phil. 459). the same. The fact that it was only "after due single act of Aldrich produced two grave or custody of documents under Art. 226 of the investigation, he was charged with physical injury. Would you agree? Why? 6% complaint questioning his removal. There is of crime, if any, did the business executives in the performance of his duty and not in Sandiganbayan. 197 SCRA 173.) From the Velasquez, 73 Phil 98) , He will be criminally upon a railroad, fall of an airship, or by possession of an item which is the subject his liability should be limited to slight 1) Pia did not commit a crime, the felony NBI Director made an inspection of all the Perjury (1997) and shot and killed Benjie. Pete was charged bystander died as a he result of the stabbing. At about 11:00 in the evening, Dante forced 2.] Indirect bribery; and diligent sleuthing by the police less grave felonies, falls under Art, Revised Penal Code. malversation ofonly. public funds before the no willful and assertion of is a 48, commit? Explain. excess his duty (People vs. with Evangelista (CA) facts, there is deliberate no showing that there a law Criminal Liabilities; Rape; Homicide & Theft (1998 No) P.D. No. 1612 (Anti-Fencing Law) under Bribery & to Corruption ofPia Public Official (2001) liable for malversation. However, if the means motor vehicles, or the use of thievery. physical injury He should be held liable closest making criminally liable is SUGGESTED ANSWER: firearms issued. Randy, who reported for A, a government employee, was with murder for the death of Benjie. Pete Candido was arrested and was tested to be his wayof inside the house of Mamerto. Jay, detectives assigned to the case", that the RPC, ie. a complex crime (People vs. Sandiganbayan. He filed a motion to dismiss falsehood which is a requisite of perjury. 4. On occasion of an earthquake, eruption 38 O.G. 158). or ordinance appropriating the amount to a of Section King went 5 to provides the house that of mere Laura possession who was restitution was made immediately, under Deputy Sheriff Ben Rivas received from the any other means involving great waste and SUGGESTED ALTERNATIVE ANSWER: ANSWER: Indirect bribery was not committed because for attempted homicide because he inflicted Public Officers; definition (1999) Grave Scandal, but then such act is not to be work that morning, did not show up during administratively charged with immorality contended that he acted in defense of his for positive for159 the use of shabu at the time Mamerto's son, sawno Dante and accosted him, missing items were found in the house of Salufrancia, SCRA 401). contending he was longer an employee of of a volcano, destructive cyclone, epidemic specific public purpose. As a matter of fact, any good, article, item, object or any thing Crimes Against Persons alone. Laura offered him a drink and after RTC Clerk of Court a Writ of Execution in the vehement protest against an imputation of The An information contention for of Henry Theft may dela be Renta filed, is not ruin; he did not receive the bribe because of his said injury with the use of a firearm which Who are public officers? considered as scandalous and the inspection. He went on absence without having an affair with B, a(2%) coemployee in the honor and that, therefore, he should be he committed the stabbing. What should be Dante pulled ahighly knife and stabbed Jay on his is Santos, negates his pretension. Malversation (2001) the PNB but of the PDIC. Is dela Renta's 5. With evident or other public calamity; the problem categorically states that the value consuming which three has been bottles the of subject beer. King of robbery made malversation and without leaving the office, tenable. case considering of Ejectment Dela that Renta the filed may sheriff by be Mrs. had prosecuted Maria already Estrada for The court found that Benjie died under SUGGESTED ANSWER: office but in consideration of a crime in a lethal weapon. Intent to kill is inherent in offensive against decency and good customs. leave (AWOL). After two years, he same office who believed him to Santos, be single. To acquitted of the crime. the proper charge against Candido? Explain. abdomen. Mamerto heard the commotion Alex Reyes, together with Jose contention tenable? (2.5%) 6. With cruelty, by deliberately and inhumanly premeditation; ALTERNATIVE ANSWER: absence of such law or ordinance was, in were Public Officers are persons who, by direct Complex Crime; Homicide w/ Assault-Authority (1995) The killing was not attended by any of the or thievery shall be prima facie, evidence of advances to her and with force and violence, vs.the Luis Ablan. The judgment being in favor of he may not be criminally liable. malversation deposited the even properties he had levied ceased upon to in be the an exceptional circumstances and exonerated connection with his official duty. the use of ato firearm. (Araneta, Jr. v. Court of In first place, it if was not done in a public surrendered the NBI the two firearms exculpate himself, A testified that he was (3%) and went out of his room. Dante, who was former warehousemen of the Rustan Yes, I would agree to A's contention that augmenting the suffering of the victim, or his fact, established." So, procedurally and provision of the law, popular election or qualifying circumstances enumerated under Pascual operated a rice thresher in Barangay fencing. ravished her. Then King killed Laura and took employee Estrada, "evidence Rivas of room" the went PNB. of the to At her Clerk the lawyer's time of Court of office the and Pete of the crime, but sentenced him to Appeals, 187 SCRA 123 [1990]) place and within knowledge or view. issued toescape, him. Hepublic was charged with single and wasStore. willing to B, He induced about to assaulted Mamerto. Jay Department In marry 1986, the PCGG criminal liability should be for slight physical outraging or scoffing at his person or corpse. Jules is guilty of carnapping. He took Randy put up the defense that he did not substantially , the Sandiganbayan's decision appointment by competent authority, takes Article 248 of the Revised Penal Code. The Napnud where he resided. Renato, a resident her jewelry. where he was given necessary amounts commission may have already of the been offense, relieved PNB was of his a destierro, conformably with Article 247 of the the 3.] Section 3(e) of RA 3019 (AntiAs a matter of fact itthe was discovered by the malversation of government property before C to testify and C did testify that B was suffered injuries which, were it not for the sequestered the assets, fund and properties injury only, because he fired his gun only to motor Doming, vehicle King's belonging adopted brother, to another learned without appropriate the armalite rifle and the suffers from serious Infirmity. part inand the performance of public functions in killing, however, constitutes murder because of the neighboring Barangay Guihaman, also government constituting accountability the owned therefor. sheriffs and fees controlled and expenses Revised Penal Code. The court also ordered executives accidentally and they have to use Graft Corrupt Practices Act); the Sandiganbayan. single. The truth, however, was that A had timely medical attendance, would have of the owners-incorporators ofthe the house, store, pacify the customers of the night club about latter's the incident. consent. He (R.A. went No. to 6539) Laura's If Juan Santos was no longer the public SUGGESTED ANSWER: revolver for his own use, that the delay in the Government of the Philippines, or commission of a crime under operated aunruly mobile rice thresher which he for execution in the total amount of P550.00, corporation and therefore, any crime Pete to pay indemnity to the heirs of the binoculars to have public and full view of Pia earlier married D, now a neighbor of C. Is A caused his death. Mamerto sustained Injuries alleging that they constitute "Ill-gotten and therefore, without intent to See. 3(e), R.A. No. 8019 was not committed hid her body, cleaned everything and washed officer who should be accountable for the SUGGESTED ANSWER: 2) The business executives did not commit accounting for them does not constitute performs in said Government or any of its influence of prohibited ain qualifying, Is the defense of Pete meritorious? often brought to Barangay Napnud tokill. thresh SUGGESTED ANSWER: committed aside from P2,000.00 by the Regional in consideration Bank Auditor, of B's victim in the amount of P50,000.00. (5%) sunbathing in the nude. guilty of perjury? Are A drugs and C is guilty of that incapacitated him for 25 days. What wealth" of the Marcos family. Upon their SUGGESTED ANSWER: No. A is not guilty of perjury because the gunshot that inflicted a fatal wound on the What, if any, are their respective civil because there was no actual injury to the the bloodstains inside the room. properties levied upon and found in his any crime. Their acts could not be acts of Dante committed qualified trespass to conversion and that actually the firearms branches public duties as an employee, aggravating circumstance. (Sec. 25, R.A. No. the palay of the farmers there. This was Explain. prompt enforcement of the writ from Estrada who isor a public officer, is subject to the subordination of perjury? crime crimes did Dante commit? No. A person who commits acts penalized application, Reyes and Santos were appointed Later, King gave Jose, his legitimate brother, Murder (1999) 2. After his arraignment, the prosecution willful or falsehood asserted by him is not deceased may not be imputed to A would because liabilities? Explain. (5%) government. When there is no house, his taking of such properties no lasciviousness [as there was no overt lustful dwelling, frustrated homicide for the stabbing were stolen by his friend, Chiting. Decide the agent subordinate official, ofspecific any rank or 9165) bitterly resented by Pascual, One afternoon jurisdiction and her lawyer. of the The Sandiganbayan writ was successfully (See R.A. SUGGESTED ANSWER: SUGGESTED ANSWER: under Article 247 ofin the Revised Code for as fiscal agents of the sequestered firm and Public Officers; Infidelity Custody of Prisoners (1996) one piece of jewelry belonging toPenal Laura. Jose filed a motion for his suspension pendente The accused, not intending to kill the victim, material to the charge of immorality. conspiracy cannot exist when there is a freequantified injury, violation is not committed. longer constitute Malversation but Theft, as act), or slander, as the eventual talk of the of Jay, and less serious physical injuries for case. class (Art. 203, RPC) Pascual, and his two sons confronted Renato enforced. a) What crime, if any, did the 7975 as amended by RA. 8249). Allan is under obligation towhile restitute the Randy is guilty as charged under Art. 217, death or serious physical injuries inflicted they were given custody and possession of knew that the jewelry was taken from Laura A chief of police of a municipality, believing lite, to which he filed an opposition claiming treacherously shot the victim the victim Whether A is single or married, the charge of for-all brawl or tumultuous affray. A and B (Garcia-Rueda vs Amor, et al., G.R. No. 116938, there was taking with intent to gain, of town, resulting from her sunbathing, ismobile not the assault on Mamerto. and his men who were operating their sheriff commit? (3%) b) Was there any crime vehicle or make reparation not possible. Death under Exceptional Circumstances (2001) SUGGESTED ANSWER: RPC. Hecan is accountable for the firearms they under exceptional circumstances is still the sequestered building and its contents, but nonetheless he sold it for P2,000. What in good faith that a prisoner serving a tenthat he no longer be suspended as he is was turning his back to as him. He aimed at and September 20, 2001) The crime of qualified trespass to dwelling immorality against him aif government are liable only for their respective act personal property of another without the directly imputed to the business executives, rice thresher along a feeder road in Napnud. committed by Estrada and her lawyer and if a) The sheriff committed the crime of Direct A and B are husband and wife. A is employed issued to him in his official capacity. The Malversation; Technical Malversation (1996) criminally liable. However, this is merely an including various vehicles used in the firm's crime or crimes did King, Doming and Jose day sentence in the municipal jail, would not no longer an employee of the PNB but that of hit the victim only on the leg. The victim, 4.] Obstruction of Justice under PD employee could proceed or prosper. In other should not be complexed with frustrated consent of the latter. and besides such topic is notAintended to A heated argument ensued. barangay so, what crime? (2%) Jules must pay the amount he gained from Bribery under the second paragraph of Article as a security guard at Landmark, his shift SUGGESTED ANSWER: failure of Randy to submit the firearms upon Elizabeth is the municipal treasurer of exempting circumstance when the victim operations. After a few months, an inventory commit? Discuss their criminal liabilities. escape, allowed said prisoner to sleep at the PDIC. Explain whether he may or may not however, died because of loss of blood. Can homicide ... 1829; words, A's civil status is not a defense to the defame or put Pia to ridicule. captain who was fetched by one of Pascual's the sale ofANSWER: the car which isdiscovered P20,000.00. Patrick SUGGESTED committed the crime of obstruction 210, Revised Penal Code, since P2,000 p.m. to 7:00 a.m. One night, hethe felt sick being from 11:00 demand created the presumption that he and Masinloc, Zambales. On January 10, 1994, Perjury (1996) suffers any other kind of physical injury. In the was conducted and it for was that two Dante committed frustrated homicide for the [10%] latter's house because the municipal Jail was be suspended. (2.5%) the accused be liable homicide or murder, charge of immorality, hence, not a material men tried to appease Pascual and Renato to of justice although the feigner penalty was cold, received hence, he by decided him "in to go home around SUGGESTED ANSWER: converted them for his own use. Even if there she received, as municipal treasurer, from case at bar, Pete will suffer the penalty of (2) delivery vans were missing. After demand stabbing of Jay because he had already so congested and there was no bed space considering that treachery was clearly matter that could influence charge. prevent aafter violent confrontation. However, imposable on direct bribery midnight getting is no direct evidence of misappropriation, his the Department of Public destierro for the death of Benjie. was made upon them, Reyes and Santos performed all the acts of available. Accordingly, the prisoner went involved Pascual resented the intervention of the failure to failed to give any satisfactory explanation home to sleep every night barangay captain and hacked him to death. why the vans were missing or to turn them What crime was committed by Pascual? over to the PCGG; hence, they were charged Discuss fully. with Malversation of Public Property. During the trial, the two

Criminal Law Bar Examination Q & A (1994-2006)

56 of 86 57
committed forcibly brought with the Jorge use to of Zambales an unlicensed where they kept firearm, such himuse hog-tied shall be in a considered small nipaas house an located in the aggravating circumstance. middle of a rice field. Two PH therefore may onlyJorge be convicted of his days later, they killed and dumped murder and the useWhat of an crime unlicensed firearm body into the river. or crimes did in its and commission may only be appreciated Fidel Fred commit? Explain. SUGGESTED ANSWER: as a special aggravating circumstance, Fidel and that Fredsuch committed the crime of Murder provided use is alleged specifically under Art 248, RPC, the killing being qualified in the information for Murder. by evident Parricide (1999)premeditation. This is due to the long may standing grudge entertained by the two Who be guilty of the crime of parricide? SUGGESTED ANSWER: accused occasioned by the victim's refusal to (3%) Any person who kills his father, mother, or marry their sister after impregnating her. In People vs. legitimate Alfeche. 219 SCRA 85,orthe child, whether or illegitimate, intention of the accused is determinative his ascendants or descendants, or spouse, of the crime committed. Where the246, intention shall be guilty of parricide. (Art. RPC) is to kill the victim and the latter is forcibly Parricide (1999) taken to another place and later killed, it is In 1975, a resident of Manila, murder. Pedro, There then is no indication that the abandoned his wife and their son, Ricky, who offenders intended to deprive the victim of was then only three years old. Twenty years his liberty. Whereas, if the victim is later, an affray took place a bar insitus and kidnapped, and taken to in another Olongapo between Pedro his killed as City an afterthought, it and is kidnapping Murder; Homicide; Infanticide; Parricide (1999) and his companions, on one hand, and Ricky with homicide under Art. 267, RPC. A killed: upon (1) a the woman with whomthe he father lived friends, other, without without benefit of clergy, (2) their child who and son knowing each other. Ricky stabbed was only two days old, (3) their daughter, and killed Pedro in the fight, only to find out, and (4) later, their adopted son. What crime from or a week when his mother arrived SUGGESTED ANSWER: crimes did A commit? (3%) Manila to visit him in jail, that the man whom A committed the following crimes: he killed was his own father. 1) What crime 1.] HOMICIDE or murder as the case may did Ricky commit? Explain. 2) Suppose Ricky be, for the killing of his common-law wife knew before the killing that Pedro is his who is not legally considered a "spouse" father, butANSWER: he nevertheless killed him out of SUGGESTED 2.] INFANTICIDE for the killing of the child bitterness for having abandoned him and 1) committed because the his as Ricky said child is lessparricide than three (3) days old. mother, what crime did Ricky commit? person killed was own father,the and the law (Art. 255, RPC)hisHowever, penalty Explain. punishing the crime (Art. 246, RPC) not corresponding to parricide shall bedoes imposed require the crime "knowingly" since Athat is related tobe the child within the committed. Should Ricky be of prosecuted 3.] forcrime the killing of and their degree PARRICIDE defined in the parricide. found guilty of parricide, the penalty to be daughter, whether legitimate or illegitimate, imposed is she Art. is 49 of the Penal Code as long as not lessRevised than three (3) days for Homicide (the crime he intended to old at the time of the killing. ALTERNATIVE ANSWER: commit) but in its for maximum period. of their 4.] MURDER the killing Ricky should be held criminally liable only for adopted as the relationship between A homicide son not parricide because the and the said son must be by blood in order relationship which qualified the killing to for parricide to arise. parricide is virtually absent for a period of Murder; Reckles Imprudence (2001) twenty years already, such that Ricky could Mang Jose, a septuagenarian, was walking not possibly be aware that his adversary was with his ten-year old grandson along Paseo his father. In other words, the moral basis for de Roxas and decided to cross at the imposing the higher penalty for parricide is intersection of Makati Avenue but both were SUGGESTED ANSWER: absent. hit The by a speeding CRV Honda and were 2) crime committed shouldvan be parricide sent sprawling on the killing pavement a meter if Ricky knew before that Pedro is apart. The because driver, a the Chinese mestizo, stopped his father, moral basis for his car after two exists. victims but then punishing thehitting crime the already His reversed his gears ran over Jose's having acted out of and bitterness for Mang having prostrate body by anew and third time by been abandoned his father may be Parricide; Multiple Homicide (1997) advancing hisParricide; car forward. The grandson considered mitigating. A, a young housewife, and B, hersurvived paramour, suffered broken legs only and but conspired to kill C. her husband, to whom and Mang Jose suffered multiple fractures she wasribs, lawfully married, broken causing his A instant death. The driver was arrested and charged with Murder for the death of Mang

and and Jose B bought Serious pancit Physicaland Injuries mixed through it with Reckless poison. A Imprudence gave the food with with respect poison toto the C, but grandson. before C Are could theeat charges it. D, correct? her illegitimate Explain. SUGGESTED C. D and EANSWER: shared the food in the arrived. presence (5%) father, and E, her legitimate son, Yes, the charges are correct. For deliberately of A who merely watched them eating. C, D running over Mang Jose's prostrate body and E died because of having partaken of after having bumped himcrime and his the poisoned food. What or grandson, crimes did SUGGESTED ANSWER:committed Murder, the driver indeed A and B commit? A committed the crime of multiple qualified by treachery. Said driver's parricide for the killing of C, her lawful husband, deliberate intent to kill Mang Jose was D, her illegitimate father, and E, herover legitimate son. demonstrated by his running the latter's All these killings constitute body twice, by backing up theparricide van and under Article 246 of the Revised Penal Code driving it forward, whereas the victim was As to theand serious physical injuries sustained because of her relationship with the victims. helpless not in a position to defend B committed the crime of grandson, murder as by Mang Jose's 10-year old asaa cohimself or to retaliate. conspirator of A in the C because result of having been hit killing by the of speeding the killing was carried out by means vehicle of said driver, the same were the of poison 248. par. 3, which Revised result of (Art. reckless imprudence is Penal Code). But as forafeloniously causing the death punishable quasi-offense in Article 365 of the D and E, Penal B committed two counts Revised Code. The charge of of homicide. The plan was only to kill C. Reckless Imprudence Resulting to Serious Rape (1995) Physical Injuries is correct. The penalty next Gavino boxed his Alma for refusing to higher in degree towife what ordinarily should be sleep with him. He then violently threw her imposed is called for, since the driver did not Murder; Treachery (1995) on the floor and forced her help to have sexual lend help on the spot, which he could On his way to buy a lotto ticket, a policeman intercourse with him. As a result Alma have given to the victims. (a) Can Gavino be charged with suddenly found himself surrounded by four suffered serious physical injuries. (b) Can Gavino be charged serious rape? Explain. men. One of them wrestled with the police officer physical injuries? to the ground andExplain disarmed him while the (c) Will yourcompanions answers to (a) and (b) armed be the other three who were same if before the incident Gavino and with a hunting knife, an ice pick, and a Alma were legally separated? Explain. balisong, repeatedly stabbed him. The policeman died as a result of the multiple SUGGESTED ANSWER: stab wounds inflicted by his assailants. What All the assailants are liable for the crime of crime or crimes were committed? Discuss murder, qualified by treachery, (which fully. absorbed abuse of superior strength) as the attack was sudden and unexpected and the victim was totally defenseless. Conspiracy is obvious from the concerted acts of the assailants. Direct assault would not complex the crime, as there is no showing that the assailants knew that the victim was a policeman; even if there was knowledge, the fact is that he was not in the performance of Murder; Use of Illegal Firearms (2004) his official duties, and therefore there is no PH killed OJ, his political rival in the election direct assault. campaign for Mayor of their town. The SUGGESTED ANSWER: Information against PH alleged that he used (b) The elements of murder are: (1) that a an unlicensed firearm in the killing of the person was unlawfully killed; (2) that such a victim, and this was proved beyond killing was attended by any of the abovereasonable doubt by the prosecution. The mentioned circumstances; (3) that the killing trial court convicted PH of two crimes: is not parricide nor infanticide; and (4) that SUGGESTED ANSWER: murder and illegal possession of firearms. Is the accused killed the victim. No, the conviction of PH for two crimes, the conviction correct? Reason briefly. (5%) Murder; Evident Premeditation (1996) of murder and illegal possession firearm is Fidel and Fred harbored a long standing not correct. Under the new law on illegal grudge against Jorge who refused to Rep. marry possession of firearms and explosives, their sister Lorna, the be latter got Act No. 8294, a personafter may only pregnant liable by for Jorge. weeks of criminally illegal After possession of surveillance, they crime finally Jorge in firearm if no other is cornered committed Ermita, Manila, when the was therewith; if a homicide or latter murder is walking home late at night. Fidel and Fred

(a) No. A husband cannot be charged with the rape of his wife because of the matrimonial consent which she gave when she assumed the marriage relation, and the law will not permit her to retract in order to charge her husband with the offense (Sate

SUGGESTED ANSWER:

vs. Haines, 11 La. Ann. 731 So. 372; 441 RA 837).

(b) Yes, he may be guilty of serious physical injuries. This offense is specially mentioned in Art. 263 [4], paragraph 2 which imposes a higher penalty for the crime of physical injuries in cases where the offense shall have been committed against any of the persons enumerated in Art 246 (the crime of (c) No, my answer will not be the same. If parricide). Gavino, and Alma were legally separated at the time of the incident, then Gavino could be held liable for rape.

Criminal Law Bar Examination Q & A (1994-2006)

58 of 86 59 60

Rape; Victim (2002) shall Male be the imposed service on ofthe theoffender. notice ofSerious such order A, a male, takes B, another male, to in a motel physical cannot be rape; toinjuries said prisoner orabsorbed the proceedings and there, threat and it can be upon so through if any the petition injury isfor slight. the intimidation, liberation of succeeds in inserting his penis into the Penal anus such person (Art. 126, Revised Rape; of & Intimidation (1995) liability? of B.Absence What, ifForce any, is As criminal Code). SUGGESTED ANSWER: Three conducting routine grounds for 2. What are the legal Why? policemen A shall be criminally liable for rape by SUGGESTED ANSWER: surveillance of a cogonal area in Antipole detention? (2.5%) The commission a15-year crime, or violent committing anRuben, act of a sexual assault against chanced upon old tricycle insanity or any other ailment requiring the B, by inserting his penis into the anus of to the driver, on top of Rowena who was known compulsory confinement of the patient in latter. be a child prostitute. Both were naked from a Even a shall man may be a victim of rape for by hospital be considered legal grounds the waist down and appeared to be enjoying sexual assault under par. 2 of Article 266-A the detention of any person (Art. 124[2], the sexual activity. Ruben was arrested by of Revised Penalhis Code, as amended, Revised Penal Code). the the policemen despite protestations that 3. "when When the is offender's an arrest penis by a is peace inserted officer into Rowena enticed him to have sex with her in or his mouth by a or private anal orifice." person considered advance celebration of her twelfth birthday. Rape; Multiple Rapes; Forcible (2000) is 1. When the arrest by a Abduction peace officer lawful? Explain. (5%) The town physician found no semen nor any made pursuant to a valid warrant. Flordeluna boarded a taxi on her way home bleeding on Rowena's hymen but for a may, healed 2. Quezon A peace officer or a private person to City which was driven by Roger, scar. Her hymenal opening easily admitted without a warrant, arrest person: SUGGESTED ANSWER: Flordeluna noticed that aRoger was always two fingers showing thateven no external force Ruben is liable for rape, if force placing his car freshener in front ofor the car had been employed on her. Is Ruben liableof intimidation is not present. The gravamen aircon ventilation but did not bother asking for offense? Discuss fully. Answer; the any offense the carnal Flordeluna knowledge of a dizzy Roger why.isSuddenly, felt woman below twelve yearsInstead of age (People vs. and became unconscious. of bringing Dela Cruz, 56 SCRA 84) sincebrought the law doesn't her to Quezon City, Roger Flordeluna consider the consent voluntary and she was to his house in Cavite where presumes for that a girl below twelve old detained two (2) weeks. She years was raped does not and cannot have will of her own. for the entire duration of a her detention. May SUGGESTED ANSWER: In People us. Perez, CA 37 OG 1762, it was held Roger be charged and convicted of the crime No, Roger may not be charged and convicted that sexual intercourse with a prostitute of rape serious illegal detention? Explain. of the with crime of rape with serious illegal Similarly, the years absence of spermatozoa does below twelve old is rape. (5%) detention. may be charged and not disprove Roger the consummation as the convicted of multiple rapes. rape is a important consideration is not Each the emission human being, whose age is below eighteen distinct offense and should be punished but the penetration of the female body by Rape; Effect; Affidavit of Desistance (1993) Arbitrary Detention; Elements; Grounds (2006) (18) years. separately. Evidently, hisJose principal intention the male organ (People vs. 37 SCRA 450; ALTERNATIVE ANSWER: 1 What Ariel intimidated Rachel, mental 1. are the 3 ways of acommitting was tovs. abuse Flordeluna; the detention was People Carandang. 52 SCRA 259). No, Roger may not be charged and convicted retardate, with a bolo into having sexualeach. Rape; Anti-Rape Law of 1997 (2002) arbitrary detention? Explain only incidental to the rape. of the crime rape with serious illegal SUGGESTED ANSWER: Intercourse with him. Rachel's mother What other actsof are considered rape under (2.5.%) The 3 ways filed of arbitrary detention detention, since the detention was incurred immediately a complaint, supported by her the Anti-Rape Law of 1997, amending the in a) statement, Arbitrary detention by Prosecutor's detaining a are: raping victim during SUGGESTED ANSWER: sworn before the City Revisedthe Penal Code? (3%) the days she was person legal ground committed The other acts considered under the for held. At most, Roger mayrape be prosecuted Office. Afterwithout the necessary preliminary by any public officer or was employee who, forcible abduction for are: taking Flordeluna to Anti-Rape Law of 1997 1.] having carnal investigation, an information signed by the without but legal detains a person Cavite against latter's will and knowledge of a the woman by a man by with lewd prosecutor didgrounds, not contain the signature of b) nor Delay the delivery of 344 detained (Art. 124, Penal Code). means of fraudulent machination or grave designs. The forcible abduction should be abuse Rachel of Revised her in mother. Citing Art. of the persons to the proper judicial authorities of with onecarnal of the multiple of rapes authority, 2.] having knowledge a RPC (prosecution of the crimes of rape, etc.), Ariel complexed which committed by the a public or and the other rapes should be demented woman by a moves for is the dismissal of case. officer Resolve with committed, employee who shall detain any person for man even if none of the circumstances prosecuted and punished separately, in required as reasons. Rape; Proper Party (1993) some legal ground and shall fail to deliver in many rapes were charged and proved. rape be present; and 3.] committing an act 2 After the prosecution had rested its case, Ariel intimidated Rachel, a mental retardate, such person to the proper judicial of sexual assault by inserting a Ariel presented a sworn affidavit of desistance with a bolo penis into into having authorities within the period of: twelve person's the sexual victim'sIntercourse mouth or anal executed by Rachel and her mother stating that with him. Rachel's mother immediately (12) hours, for crimes or offense orifice, or by inserting any instrument filed or object, they are no longer interested in prosecuting the a into complaint, her sworn punishable by have light pardoned penalties, or What their the genital orsupported anal orifice by of another case and that they Ariel. A legal separation is a separation of the statement, equivalent; eighteen (18), for person. before the City Prosecutor's effect would this bed affidavit of hours desistance have on spouses from and board (U.S. vs. Office. After necessary preliminary Rape; Anti-Rape Lawthe of 1997 (2002) crimes or offenses punishable by the criminal and civil aspects of theRFC, case? Explain 853. 1981 edition), Johnson, 27 Phil. 477, cited in II Reyes, p. investigation, an information was signed by correctional facilities, or their equivalent; The Anti-Rape Law of 1997 reclassified rape fully. SUGGESTED ANSWER: the prosecutor but honor, did not contain the and thirty-six (36) hours for crimes or from a crime against a private 1) The case should not be dismissed. ... 2) In the of rape, any crime from c) crime Delaying release is resulting committed by signature of Rachel nor of against her mother. Citing offenses punishable by will afflictive or capital offense, to that of a crime persons. The affidavit of desistance only amount the any infliction of physical injuries suffered by public officer or employee who delays Art. 344 of the RPC (prosecution of the penalties, or their equivalent but (Art. Will the subsequent marriage of the offender SUGGESTED ANSWER: to the condonation of civil not125, the victim on thefor occasion of the of rape, is the release theliability period time crimes of rape, etc.), Ariel moves for the Revised Penal Code). and the offended extinguish the This is The case should party not be dismissed. criminal liability hence the case should still absorbed by therein the crime of rape. The injuries specified the performance of any SUGGESTED ANSWER: dismissal of theor case. Resolve imposed? with reasons. criminal action the penalty allowed by law (People us. Ilarde, 125 SCRA 11). proceed. suffered by victim order may, for however, be judicial or the executive the release Explain. (2%) It is enough that a considered in determining the proper penalty of the prisoner, or unduly delays which complaint Yes. By express was filed provision by the of offended Article 266-C partyof or the parents Revised in Penal the Code, Fiscal's as Office. amended, the subsequent valid marriage between the Rape; Statutory Mental party Retardate Victim (1996) offender andRape; offended shall extinguish The complainant, eighteen-year old the criminal action oran the penalty imposed, mental retardate with an intellectual although rape has been reclassified from a capacity between thetoages of nine and crime against chastity, that of a crime Rape; Consented Abduction (2002) twelve years, when asked during the trial against persons. A with lewd designs, 13-year old girl how she felt when took she a was raped by the to a nipa hut in his farm andit there accused, replied "Masarap, gavehad me much With claim of the accused the sexualthe intercourse with her. The girl that did not pleasure." complainant consented for a fee to the offer any resistance because she was sexual intercourse, and who withwas thegoodforegoing infatuated with the man, answer of belonged the complainant, would you looking and to a rich and SUGGESTED ANSWER: convict the accused of town. rape if you crime, were the prominent family in the What if A committed thecase? crime of SUGGESTED ANSWER: judge trying the Explain. any, was committed by A?consented Why? (2%) Yes, I would convict of rape. abduction under Articlethe 343accused of the Revised Since victim is a mental retardate with an Penal the Code, as amended. The said Article intellectual capacity of of aa child less than punishes the abduction virgin over 12 12 years old, she is legally incapable giving and under 18 years of age, carried of out with a valid consent to with the sexual Intercourse. The her consent and lewd designs. Although sexual intercourse is tantamount to bea the problem did not indicate the victim to statutory rape because the level inof virgin, virginity should not be understood intelligence is that as of to a child lessathan twelve its material sense, exclude virtuous years of age. Where the victim is a woman of good reputation, since of therape essence mental retardate, violence or Intimidation is of the crime is not the injury to the woman ALTERNATIVE ANSWER: not essential to constitute rape. (People us. but the outrage and alarm to her family A committed "Child Abuse" under Rep. Act Trimor, G,R. 106541-42, 31 Mar 95) As a (Valdepenas vs. People,16 SCRA 871 [1966]). No. 7610. As defined in said law, "child matter of fact, RA No. 7659, the Heinous abuse" includes sexual abuse or any act Crimes against Personal Liberty Crimes Law, amended Art. 335, RPC, which debases, degrades or demeans the by adding the phrase is demented." and Security intrinsic worth and "or dignity of a child as a

Criminal Law Bar Examination Q & A (1994-2006)

61 of 86 62 63 64
monetary 270, otherwise. May of Edgardo the consideration, Revised It is be of charged Penal no to Code, moment bum with as her attempted amended. that building the Article kidnapping? so she 271 could expressly Explain. collect penalizes insurance any proceeds. parent evidence shows thethe death of the child took SUGGESTED ANSWER: who shall place Yoboy three and take Yongsi minutes from burned and after deliberately the said box was building fail sealed to No, Edgardo may not be to charged with restore resulting his toor its her total minor loss. child What crime the parent did or and the demand for the ransom took place in attempted kidnapping inasmuch as no overt SUGGESTED ANSWER: guardian the Tata, afternoon. Yoboy to whom and The Yongsi custody intention commit? of the is minor controlling has Tata, Yoboy and Yongsi committed the crime act ALTERNATIVE toplaced. kidnap ANSWER: or restrain the liberty of the girl been Since the custody of C, the here, that is, ransom was demanded. Murder qualified by treachery because the of destructive arson because they collectively had been commenced. At most, what minor, has been given to the mother and B victim was only one week old. The caused the destruction of property byoffense means Edgardo has done in the premises was has only the right of monthly visitation, the a was attended with the aggravating of fire under the circumstances proposal to Vicente to kidnap the girl, which latter's act of taking C to the United Slates, circumstance of lack the of respect due exposed to danger life ornot property of is only a there preparatory act and anto overt to reside permanently, constitutes athe age of the victim, cruelty and abuse of Kidnapping (2006) others (Art, 320, par. 5, RPC. as amended by RA act. The attempt to commit violation of said provisions of law. a felony confidence. People v. Lora (G.R. in No, L-49430, Jaime, No. 7659). Andy In and Jimmy, laborers the commences with the commission of overt Arson; Destructive Arson (2000) March 30, 1982), the Court found that a child noodles factory of Luke Tan, agreed tocommit kill act, not preparatory act. Proposal to One early there was a infant fight Kidnapping; Serious Illegal Detention subjected to similar treatment as the him due to his arrogance and (1997) miserliness. kidnapping is evening, not a crime. between Eddie Gutierrez and Mario Cortez. A and B conspiring with each other, in case would have died Onethis afternoon, they seized him and instantly, loaded Later that evening, at 11 o'clock, Eddie kidnapped C driven and detained him. The duoMario then negating any intent toabout kidnap or detain when him in a taxi by Mario. They told passed by the house of Mario carrying a called up C's wife informing her that they ransom Demand for ransom did they willwas onlysought. teach Luke a lesson in Christian plastic bag containing gasoline, threw the had her husband and would release him only not convert thedrove offense into humility. Mario them tokidnapping a fishpond with in bag at the house of Mario who was inside if she paid a Luke ransom in the amount of murder because the demand was merely a Navotas where was entrusted to Emilthe Kidnapping; Voluntary (2004) i. Effects; When, inRelease his presence, the house watching television, and then lit it. The P10,000,000 and that, if she were to fail, scheme by the offender (Paz) to conceal the and Louie, the fishpond caretakers, asking DAN, would a private individual, kidnapped CHU, a person to be arrested has committed, front wall of the house started blazing and they kill him. The next day, C, who body her victim. them of to hide Luke in their shack because he minor. On the second day, DAN released is actually committing, or is attempting some neighbors yelled and shouted. had just recovered an trio illness had was running from the from NBI. The then left a CHU even before any criminal toFearing commit an might offense, Forthwith, Mario poured water on the burning relapse. he dieinformation if not treated in Mario's car for Manila where they called up ii. When an has fact was filed against him. At the trial hisin case, portion of the house. Neighbors also rushed at once by a doctor, Aoffense and B of released C Luke's family and threatened them to kill Charged with kidnapping and serious illegal just been committed, and he has DAN raised the defense that he did not incur in to help put the fire under control before during the early morning of the third day of Luke unless they give a ransom within 24 detention provided Article 267, RPC, Afacts and personal knowledge of the criminal liabilityin since he released any great damage could be inflicted and detention. hours. Unknown to them, because of a leak, SUGGESTED ANSWER: B filed a petition for bail. They contended indicating that the person to be child before the lapse of the 3-day period before the flames have extensively spread. the Eddie kidnapping is liable was for destructive announced over arson the in the iii. When the person to be arrested that since they had voluntarily released C arrested has committed it, and and before criminal proceedings for Only a portion ofand the house was burned. radio consummated and TV. Emil stage. It Louie is destructive heard the arson SUGGESTED ANSWER: is a prisoner who has escaped from within three days from commencement of kidnapping were instituted. Will DAN's Discuss Eddie's liability, (3%) broadcast because fire and was panicked, resorted especially to been in destroying when the No. DAN's defense will not prosper. Voluntary penal establishment or place where he the detention, without having paid any defense prosper? Reason briefly. (5%) announcer the house stated of Mario that which there is is a an shoot-to-kill inhabited release by the offender of the offended party is serving final judgment or temporarily amount of the ransom demanded and before order house for the or kidnappers. dwelling. The and arson Louie took isor in kidnapping is not Besides, such confined while hisEmil case is pending, the institution of absolutory. criminal proceedings Luke consummated to the seashore because of the Dagat-dagatan house was in fact release is irrelevant and immaterial in this has escaped while being transferred against them, the crime committed was only where already they burned smashed although his head not with totally. a shovel In case because the victim being a minor, the After the trial court found the from one confinement to another (Sec. slight hearing, illegal detention prescribed in Article and arson, buried it is not him required in the sand. that However, the premises they be crime committed is kidnapping and serious evidence guilt113,1985 to be strong and therefore 5, of Rule Rules on Criminal 268, RPC. were seen totally burned by a barangay for the kagawad crime who to illegal detention under Art. 267, Revised denied the petition for bail. On appeal, the be Procedure). Arson; New Arson (2004) arrested consummated. them and It brought is enough them tothat the does the Penal Code, to Law which such circumstance ALTERNATIVE ANSWER: only issue was: Was the crime committed CD isCoercion the stepfather of FEL. One day, CD got Grave (1998) a) Jaime, Andy and Jimmy committed police premises station. suffer Upon destruction interrogation, by burning. they not apply. The circumstance may be kidnapping and serious detention or slight very mad at FEL for failing in his his college SUGGESTED ANSWER: Isagani lost his gold necklace bearing kidnapping with homicide. The original confessed and pointed to Jaime, Andy, Jimmy appreciated only in the crime of Slight Illegal Illegal detention? Decide. courses. In his fury, CD got the leather The crime committed by A and B 10 is initials. He saw wearing the said intention was toRoy demand ransom from the and Mario as those responsible for the Detention in Art. 268 (Asistio v. San Diego, Kidnapping; Illegal Detention; Minority (2006) suitcase of FEL and burned it together with kidnapping and serious illegal detention necklace. Isagani asked Roy to return to him family with the threat killing. As a and kidnapping. Later, the of 4 were arrested SCRA 673 [1964]) Dang 1. What was crime a as beauty was committed queen in however, afor university. all contents. because they made a demand ransom theits necklace it belongs to him, but Roy consequence of the kidnapping, charged. What crime or crimes did the 6 2. Is CD criminally liable? Explain Job, by CD? a rich classmate, was so enamored with and threatened to kill C if the latter's wife did refused. Isagani then drew his gun and told Luke was killed. Thus, the victim was suspects commit? (5%) briefly. (5%) her that he persistently wooed and pursued not the same. Without the demand Roy,pay "If you will not give back the necklacefor deprived of his freedom and the subsequent her. Dang, being in could love with another man, ransom, the crime have been slight to me, I will kill you!" Out of fear for his life killing, though committed by another person, The contention of A and B that they had rejected him. This angered Job, Sometime in illegal detention only. and against his will, of Roy gave the necklace was a consequence the detention. Hence, voluntary released C within three days from SUGGESTED ANSWER: September 2003, while Dang and her sister to Isagani, What offense did Isagani commit? this properly qualified the crime as the Isagani committed the crime ofand grave the commencement of home, the is (People v. Mamarion, No. detention 137554, Lyn on their way Job (5%) were special complex crime ofG.R. kidnapping for his coercion October (Art. 1, 286, 2003; RPC) Art. 267, for Revised compelling Penal Roy, immaterial as they are charged with a crime minor friend Nonoy grabbed them and ransom withand homicide Code). b) means Emil Louie who the head by of serious threats ordeath intimidation, where the penalty prescribed is (Asistio pushed them inside a smashed white van. They of the victim and buried the latter in the sand to do something against the latter's will, vs. San Diego. 10SCRA673). brought them to an abandoned warehouse They were properly denied bail because the committed murder by treachery or whether it be right qualified or wrong. Serious threats where they forced them to dance naked. trial court found that the evidence of violence guilt in abuse of superior strength. Theyto are or intimidation approximating Thereafter, they brought them a not hill in a the information for kidnapping and serious liable for barangay kidnapping because they didthreats. not constitute grave coercion, not grave nearby where they took turns Illegal detention is strong. conspire, nor are they aware of their the Such is the nature of the threat inintention this case raping them. After satisfying lust, Job Trespass to Luke Dwelling; Private Persons (2006) to detain whom they were informed was because it was committed with a gun, is a ordered Nonoy to push Dang down a ravine, Under whatis situations may a private person The crime not robbery because intent to 1. What crime or crimes were hiding from NBI (Art. 248, Revised Penal deadly weapon. resulting in the her death. Lyn ran away but Job enter any dwelling, residence, or other c) Marioby has no liability sinceelement he was not gain, which isJob an essential of committed and Nonoy? (2.5%) Code). and NonoyANSWER: chased her and being pushed liable her inside SUGGESTED establishments without aware of the intent and design of for robbery, is criminal absent since the necklace the van. to Then the duo drove away. Lyn was SUGGESTED trespass dwelling? (2.5%) Jaime, Andy and Jimmy. His act of bringing belongs toANSWER: Isagani. never seen again. Luke to Navotas for "a

Grave Coercion vs. Maltreatment of1) Prisoner (1999) Job Trespass and lesson Nonoy to dwelling in Christian committed is not humility" applicable kidnapping does to any and not Forcibly brought the another's police serious person constitute who illegal shall detention a to crime. enter withheadquarters, homicide dwelling and fora Alternative Answer: person was and maltreated by and rape the purpose for thetortured of: subsequent a) Preventing death some of Dang, serious a) Jaime, Andy and to Jimmy committed agents of the law in occupants, order compel him to 2) harm kidnapping to himself, with its rape against or a her third sister, kidnapping with ransom. After kidnapping confess a crime to service him. The Lyn. person; The and victims, b) imputed Rendering who were kidnapped to agents and Luke, demanded ransom with failed,they however, tosubsequently draw from him athe threat detained, humanity or were justice; raped and of killing However, the killing of Luke is Any person who shall enter cafes, taverns, confession which was their intention to obtain killed (as him. regards Dang) in the course of their separate from the kidnapping having been inns, and other public houses, while the through the employment suchis means. detention. The composite of crime committed committed by other persons, who had same are open will likewise not be liable (Art. What crime was committed by the agents of regardless of whether the subsequent crimes SUGGESTED ANSWER: nothing to do with the kidnapping, and who 280, Revised Penal Code). the law? Explain your answer. (3%) were purposely sought or merely an ALTERNATIVE ANSWER: Evidently, the Rule person tortured and Tresspass of Absorption (1994) will beto Dwelling; liable for a different crime afterthought (People v. Larranaga, G.R. Nos. Job and Nonoy committed 2 Dante counts of the b) Emil and Louie who smashed the maltreated by the agents of the law is a At about 11:00 in the evening, forced (Penultimate par. of Art. 267, Revised Penal 138874-5, Februarys, 2004). complex crime of forcible abduction with rape head of inside the and of buried the latter in suspect and victim may have been detained his way the house Mamerto. Jay. by Code). (Art. 342, Revised Penal Code) and the the sand committed murder qualified by them. If so son, and he had already been booked Mamerto's saw Dante and accosted him, separate offense of murder against Dang. The treachery or abuse of superior strength. and put in jail, the crime is maltreatment Dante pulled a knife and stabbed Jay on his of crime committed is abduction because there They are not liable forthat kidnapping because prisoner and the fact the suspect was abdomen. Mamerto heard the commotion was lewd design when they took the victims they did not conspire, nor are they aware subjected to torture to extort a confession and went out of his room. Dante, who was of away and subsequently raped them. The the intention to detain Luke whom they were would bring about a higher penalty. In about to escape, assaulted Mamerto. Jay c) Mario has no liability since he was not killing thereafter, constitutes the separate informed was hiding from the NBI (Art. 248, addition to the offender's liability for the suffered Injuries which, were it not for the But if the suspect was forcibly brought to the aware of the criminal intent and design of offense of murder qualified by treachery. Revised Penal Code). physical injuries inflicted. timely medical attendance, would have 2. What penalties should be imposed on police headquarters to make him admit the Jaime, Andy and Jimmy. His act of bringing caused his death. Mamerto sustained Injuries them? (2.5%) crime and tortured/ maltreated him SUGGESTED ANSWER: Luke to Navotas for "a lesson to in make Christian that incapacitated him for 25 days. What SUGGESTED ANSWER: Dante committed qualified trespass confess to such crime, but later to released humility" does not constitute a crime. crime crimes did Dante commit? Since or the death penalty has already been dwelling, frustrated homicide for the stabbing because the agents failed to draw such prohibited, reclusion perpetua is for the Kidnapping w/ Homicide (2005) of Jay, and less serious physical injuries confession, the crime is grave coercion appropriate penalty (RA. 9346). In the case Paz Masipag worked as a housemaid and the assault on Mamerto. because of the violence employed to compel of the minor Nonoy, his penalty be one The crime ofone-week qualified trespass toshall dwelling yaya of the old son offended of the spouses such confession without the party degree lower (Art. 68, Revised Penal Code). should not complexed with frustrated Martinconfined andbe Pops Kuripot. When Paz learned being in jail. (US vs. Cusi, 10 Phil 143) 3. Will Nonoy's minority exculpate him? It is noted that when the offended party homicide because the trespass is was that her 70 year-old mother was seriously ill, SUGGESTED ANSWER: to the police headquarters (2.5%) merely "brought" committed as a means to commit a more she asked Martin for a cash advance of Under RA. 9344, the Juvenile Justice and and is thus notMartin a detention prisoner. Had he serious offense, trespass to dwelling is P1,000.00 but refused. One morning, Reform Act, which retroacts to the date that been validly arrested, the crime absorbed bywas the greater crime, andcommitted the Paz mouth of Martins son with the gagged crime committed, Nonoy will be would be maltreatment of prisoners. former constitutes an aggravating stockings; placed the child in a box; sealed it exculpated if he was 15 years old or below. Illegal Detention vs. Grave Coercion (1999) Dante committed frustrated homicide for the circumstance of dwelling (People vs.box Abedoza, with masking tape and placed the in the However, if Jay.... he was above 15 years old but Distinguish coercion from illegal detention. stabbing of Dante is guilty ofdemanded less 53 Phil.788). attic. Later in the afternoon, she below 18 years of age, he will be liable he SUGGESTED ANSWER: (3%) serious physical injuries forthe the release wounds ofif his P5,000.00 asdiscernment. ransom for acted with As the problem Coercion may be distinguished from illegal After a couple of days, Martin discovered the sustained by Mamerto... son. Martin did not pay discernment, the shows that Nonoy acted with he detention as follows: in coercion, theransom. basis of Unjust Vexation vs Acts of Lasciviousness (1994) box in the attic with his child already dead. Subsequently, Paz disappeared. will be entitled to a suspension of sentence. criminal liability is the employment When is embracing, kissing and touching a of According to the autopsy report, the child (NOTABENE: R.A. 9344 is outside the coverage of violence or serious intimidation approximating girl's considered only unjust vexation died breast of barely three minutes 4. Is asphyxiation the non-recovery of Lyn's body the examination) violence, without authority of law, to prevent instead of to acts of lasciviousness? after the boxthe was sealed. liability What crime or material criminal of Job a person from doing something not prohibited SUGGESTED ANSWER: crimes did Paz commit? Explain. (5%) SUGGESTED ANSWER: and Nonoy? Paz committed the composite crime of The acts of embracing, a woman by law or to(2.5%) compel him to of do something The non-recovery of kissing Lyn's body is not kidnapping with homicide under Art. 267, arising either out of passion or other motive against his be right wrong; material to will, the whether criminal it liability of or Job and RFC as by R.A. No. 7659. the and the touching of her breast as a Under mere while inamended Illegal detention, the basis of of liability Nonoy, because the corpus delicti the law, any person who shall detain another ora incident of the embrace without lewd design is the actual restraint or locking up of crime which is kidnapping with rape of Lyn in any manner deprive him of liberty and the constitutes merely unjust vexation (People ALTERNATIVE ANSWER: person, thereby depriving him of his liberty has been duly proven. The non-recovery of Lyn's body is intent not victim dies as a of consequence is liable for vs, Ignacio. CA GRNo. 5119-R, September 30, without authority law. If there was no material to liability of shall Job party and 1950). However, where the kissing, kidnapping with homicide and be to lock up the or criminal detain the offended Kidnapping (2002) Nonoy, because the corpus delicti of is the embracing and the touching of the breast of penalized with maximum penalty. unlawfully, the the crime of illegal detention not A and B were legally separated. Their child In this which case, the fact that the crime is forcible abduction with rape a woman arenotwithstanding done with lewd design, the committed. C, Lyn a minor, was placed in the custody ofthe A one-week child was merely kept (People in of has old been duly proven. same constitute acts of lasciviousness thePercival mother, subject to monthly by attic of his house, gagged with visitations stockings and Kidnapping; Proposal to Kidnap (1996) Crimes Against Property vs. Gilo, 10 SCRA 753). B, his father. onehis occasion, when B had C placed in induced aOn box sealed with tape, the Edgardo friend Vicente, in in his company, B decided not to return C to deprivation of of liberty and intention consideration money, tothe kidnap a girl to hekill is Arson; Destructive Arson (1994) his mother. took C with him to the becomes apparent. Though it may courting so that he B may succeed to appear raping Tata owns aInstead, three-storey building located at United States whereemployed he intended for them to that the means by Paz was her and eventually making her accede to No. 3 Herran Street. Paco, Manila. She wanted SUGGESTED ANSWER: reside permanently. What crime, if any, did attended by treachery (killing of an infant), marry him. Vicente asked for more money to a new had no money B construct committed the building crime ofbut kidnapping and B commit? Why? (5%) to charge nevertheless, a failed separate murder which Edgardo put up.of Angered to finance the construction. So, she insured failure to return a minor under Article 271, in will not be proper in view the amendment. because Edgardo did not of put up the money the building for P3,000,000.00. She then relation to Article Here, the term "homicide" is used in the its he required, he reported Edgardo to urged Yoboy and Yongsi, for generic police. sense and covers all forms of killing whether in the nature of murder or

Criminal Law Bar Examination Q & A (1994-2006)

65 of 86

BP 22; Memorandum Check (1994) 1 What is a memorandum check? 2 Is the "bouncing" thereof within the purview of BP Blg. 22?

SUGGESTED ANSWER:

A "Memorandum Check" is an ordinary check, with the word "Memorandum", "Memo" or "Mem" written across its face, signifying that the maker or drawer engages to pay its holder absolutely thus partaking the nature of a promissory note. It is drawn on a bank and is a bill of exchange within the purview of Section 185 of the Negotiable Instruments Law (People vs. Judge
David Nitafan, G.R. No. 75954, October 22, 1992).

Yes, a memorandum check is covered by Batas Pambansa No. 22 because the law covers any check whether it is an evidence of Indebtedness, or in payment of a pre-existing obligation or as a deposit or guarantee (People
versus Nita-fan).

SUGGESTED ANSWER:

The crime committed by CD is arson under Pres. Decree No. 1613 (the new Arson Law) which punishes any person who burns or sets fire to the property of another (Section 1 of Pres. Decree No. 1613). CD is criminally liable although he is the stepfather of FEL whose property he burnt, because such relationship is not exempting from criminal liability in the crime of arson but only in crimes of theft, swindling or estafa, and malicious mischief (Article 332, Revised Penal Code). The provision (Art. 323) of the Code to the effect that burning property of small value should be punished as malicious mischief has long been repealed by Pres. Decree 1613; hence, there is no more legal basis to consider burning property of small value as malicious mischief.

BP 22; Memorandum Check (1995) 1 What is a memorandum check ? 2 Is a person who issues a memorandum check without sufficient funds necessarily guilty of violating B.P. Blg. 22? Explain. 3 Jane is a money lender. Edmund is a businessman who has been borrowing money from Jane by rediscounting his personal checks to pay his loans. In March 1989, he borrowed P100,000 from Jane and issued to her a check for the same amount. The check was dishonored by the drawee bank for having been drawn against a closed account. When Edmund was notified of the dishonor of his check he promised to raise the amount within five days. He failed. Consequently, Jane sued Edmund for violation of the Bouncing Checks Law (BP. Blg. 22). The defense of Edmund was that he gave the check to Jane to serve as a memorandum of his indebtedness to her and was not supposed to be encashed. Is the defense of Edmund valid? Discuss fully.

Criminal Law Bar Examination Q & A (1994-2006)

66 of 86
misappropriate 3. The defense the of jewelry Edmund does is NOT not valid. make A memorandum her criminally liable checkfor upon estafa. presentment is generally accepted by the bank. It does not Estafa vs.whether BP 22 (1996) matter the check is in the nature of a The accused was convicted under B.P, Blg. memorandum as evidence of indebtedness. 22 for having issued several checks which What the law punishes is the mere issuance were dishonored by the drawee bank on of a bouncing check and not the purposetheir for due date because the the accused closed her which it was issued nor terms and account after the thereto. issuance ofmere checks. On conditions relating The act of 1 22 by reason of the closing of her appeal, argued that she could not be issuing Blg. ashe worthless check is a malum account because said law applies solely to convicted under prohibitum. The understanding that the check checks byat reason of insufficiency will not dishonored be presented the bank but will be of funds and that at the time she issued the redeemed by the maker when the loan falls checks concerned, she had adequate funds due is a mere private arrangement which in the bank. While admits that the shepenal may may not prevail to she exempt it from BP 22; Presumption ofestafa Knowledge (2002) be held liable for under Article 215 of sanction of B.P. Blg. 22. (People vs. Nitafan) A a businessman, from the Revised Penal borrowed Code, sheP500,000.00 cannot however B, a friend. To pay the loan, A issued a be found guilty of having violated postdated check to be presented for payment 2 Blg. 22. Is her contention correct? 30 days after the transaction. Two days Explain. before the maturity date of the check, A called up B and told him not to deposit the check on the date stated on the face thereof, as A had not deposited in the drawee bank the amount needed to cover the check. Nevertheless, B deposited the check in question and the same was dishonored of insufficiency of funds. A failed to settle the SUGGESTED ANSWER: amount B for in spite of the Yes, A Iswith liable violation of latter's BP. Blg. 22 demands. Is A guilty of violating B.P. Blg. 22, (Bouncing Checks Law), Although knowledge otherwise known as the Bouncing Checks by the drawer of insufficiency or lack of Law? Explain. (5%) funds at the time of the issuance of the check is an essential element of the violation, the law presumes prima facie such knowledge, unless within five (5) banking days of notice of dishonor or nonpayment, the drawer pays the holder thereof the amount due thereon or makes arrangements A mere notice the A to the payee B for payment inby full by drawer the drawee of such before the maturity date of the check will not checks. defeat the presumption of knowledge created by the law; otherwise, the purpose and spirit of B.P. 22 will be rendered useless. Estafa & Trust Receipt Law (1995) Julio obtained a letter of credit from a local bank in order to import auto tires from Japan. To secure payment of his letter of credit, Julio executed a trust receipt in favor of the bank. Upon arrival of the tires, Julio sold them but did not deliver the proceeds to the bank. Julio was charged with estafa under P.D. No. 115 which makes the violation of a trust receipt agreement punishable as estafa under Art. 315, par. (1), subpar. (b), of the Revised Penal Code. Julio contended that P.D. No. 115 was unconstitutional because it violated the Bill of Rights provision against imprisonment SUGGESTED ANSWER: for nonpayment of debt. Rule on the contention of Julio, Discuss fully.

Such contention is invalid. A trust receipt arrangement doesn't involve merely a simple loan transaction but includes likewise a security feature where the creditor bank extends financial assistance to the debtorimporter in return for the collateral or security title as to the goods or merchandise being purchased or imported. The title of the bank to the security is the one sought to be protected and not the loan which is a separate and distinct agreement. What is being penalized under P,D. No. 115 is the misuse or misappropriation of the goods or proceeds realized from the sale of the goods, documents or Instruments which are being held in trust for the entrustee-banks. In other words, the law punishes the dishonesty and abuse of confidence in the handling of money Estafa (1999) or goods to the prejudice of thethrough other, and Is there such a crime as estafa hence there is no violation of the right negligence? Explain. (2%) against imprisonment for non-payment of debt. (People vs. Nitafan, SCRA 725) Aurelia introduced Rosa207 to Victoria, a dealer in jewelry who does business in Timog, Quezon City. Rosa, a resident of Cebu City, agreed to sell a diamond ring and bracelet to Victoria on a commission basis, on condition that, if these items can not be sold, they may be returned to Victoria forthwith. Unable to sell the ring and bracelet, Rosa delivered both items to Aurelia in Cebu City with the understanding that Aurelia shall, in turn, return the items to Victoria in Timog, Quezon City. Aurelia dutifully returned the bracelet to Victoria but sold the ring, kept the cash proceeds thereof to herself, and issued a check to Victoria which bounced. Victoria sued Rosa for estafa under Article 315, R.P.C., Victoria insisting that delivery to a third person of the thing held in trust is not a defense inANSWER: estafa. Is Rosa criminally liable for SUGGESTED estafa under the circumstances? Explain, (a) There is no such crime as estafa through SUGGESTED ANSWER: [4%) negligence. In estafa, the profit or gain must 1. A memorandum check is an ordinary be obtained by the accused personally, check with the word "Memorandum", through his own acts, and his mere "Memo", orin "Mem" written across the face, negligence allowing another to take signifying that the maker or drawer engages advantage of or benefit from the entrusted to pay cannot its holder absolutely thus partaking chattel constitute estafa. (People v. the nature of a promissory It is liable drawn (b) No, Rosa cannot be held note. criminally Nepomuceno, CA, 46OG 6135) on a bank and is a bill ofreceived exchange within the for estafa. Although she the jewelry (People Nitafan, 215 purview of vs. Section 185 of SCRA the to Negotiable from Victoria under an obligation return the 79) Instruments Law. same or deliver the proceeds thereof, she did 2. Yes, a person who issued a not misappropriate it. In fact, she gave them memorandum check without sufficient funds to Aurelia specifically to be returned to is guilty of violating B.P. Blg. 22 as said law Victoria. The misappropriation was done by covers all checks whether it is an evidence of Aurelia, and absent the showing of any indebtedness, or in payment of a preexisting conspiracy between Aurelia and Rosa, the obligation, or as deposit or guarantee. latter cannot be held criminally liable for (People vs. Nitafan) Amelia's acts. Furthermore, as explained above, Rosa's negligence which may have allowed Aurelia to

Criminal Law Bar Examination Q & A (1994-2006)

SUGGESTED ANSWER: Estafa vs. Money Placement bully, while B Market is reputed to (1996) be gay but noted Yes, both are31, liable foreconomic attempted estafa thru On his March 1995, Orpheus Financing for industry and savvy which falsification of commercial documents, a and Corporation received from Maricar sum of allowed him to amass wealth in the leaps complex They tried to defraud the and P500,000crime. asincluding money market placement for bounds, registered Government with the in use ofper false commercial sixty days at fifteen (15) cent interest, unregistered lands several barangays. and public documents. Damage is not on and the President of said Corporation issued Resenting B's riches and relying his necessary. a check influence, covering the amountto including the political A decided harass and Estafa; Falsification of Commercial Documents (1997) 30, interest due thereon, postdated intimidate B into sharing with him May some of The accused opened a saving account with 1995. On considering the maturity however, his lands, that date, the latter was Bank A with an initial deposit of P2,000.00. A Orpheus Corporation to single andFinancing living alone. One night,failed A broke few days later, he deposited in the savings deliver Maricar's money placement with into B'sback house, forced him to bring out some account a Bank check for Pa 10,000.00 the and corresponding interest earned, titles after B picking out title covering drawn and endorsed purportedly by upon C. Ten notwithstanding repeated said 200 square meters in demands their barangay, days later,President he P Orpheus 10,000.00 from his Did the of Financing Corporation towithdrew comply with its compelled B to type out a commitment. Deed of Sale savings account. C complained to liability Bank B for Corporation incur any criminal conveying the said lot to him for P1.00 and when the was from his of estafa forcheck reason of deducted the nonpayment the other valuable considerations. All the while, SUGGESTED ANSWER: account. Two days thereafter, the accused money market placement? Explain. A carried a paltik .45 should in full view of B, No, thecharge President of the B financing corporation What or caliber charges filed deposited another Bank check of P be who signed the deed out of fear. When A does not incur criminal liability for estafa against A? signed Explain. (5%) 10,000.00 and endorsed allegedly by later on ANSWER: tried to register thetransaction deed, B SUGGESTED because a money market C. A week later, the accused went to Bank AA summoned enough courage and had The charge for Robbery under Article 298 of Convicted under two informations ofsuch estafa partakes of the nature of a loan, that to withdraw P10,000.00. While withdrawing arrested and charged in court after the Revised Penal Code should be filed and attempted estafa both through nonpayment thereof would not give rise to the amount,investigation. he was arrested. preliminary against A. Said Article provides that falsification of commercial documents, he any set estafa through misappropriation or person who, In with intent to defraud another, up the defenses that, except for the showing conversion. money market placement, by means of violence or intimidation, shall that the of ownership C had been forged, no there is signature transfer of of the money compel him to sign, execute and any further evidence was presented todeliver establish to be invested and therefore the liability for public instrument or document held (a) that heis was the forger of(Perez the shall signature of its return civil in nature vs. be Court of Estafa vs. (2005) The caliber firearm carried A guilty ofTheft robbery. C norpaltik (b), that as to .45 the second charge C by of Appeals, 127 SCRA 636; Sebreno vs. Court SUGGESTED ANSWER: DD was engaged in the warehouse business. was obviously intended to intimidate B and suffered any damage. Rule on the defense. Appeals etal, G.R. 84096, 26 Jan 95). The defense notcommission tenable; (a) of the possessor Sometime November 2004, he was in dire thus, used in inis the the robbery. of a document is presumed be the need of money. He, thus, sold merchandise If it falsified could be established that Atohad no author of (People vs. deposited infalsification histo warehouse to VR such for license orthe permit possess and carry Sendaydtego, 81 SCRA 120; Koh Tiek vs. People, P500,000.00. DD was charged with theft, as firearm, it should be taken only as special et al, Dec. 21, 1990) ; (b) estafa, a mere principal, while VR as In accessory. The court aggravating circumstance to the crime of ALTERNATIVE ANSWER: disturbance of property rights, even convicted DD of subject theft but acquitted VR on robbery, not of a if separate On premise that the of Sale which temporary, would be sufficient to, cause the the ground that heDeed purchased the prosecution. A compelled B to sign, had not attained damage. Moreover, in a crime of falsification merchandise in good faith. However, the the character of VR a "public" instrument or of a commercial document, or intent court ordered to return damage the merchandise document, A should be charged for the crime DD moved for the reconsideration of the to cause damage is not necessary because the owner thereof and ordered DD to of Qualified Trespass to Dwelling under decision insisting that he should be acquitted the principal thing punished is the violation of refund the P500,000.00 to VR. Estafa; Defense of Ownership (2002) A sold a Article 280 of the Revised Penal Code for of theft because being the depositary, he the public faith and the destruction of the had washing machine to B on credit, with the having intruded into Bs house, and for the juridical possession of the merchandise. VR truth as therein solemnly proclaimed. understanding that B could return the 286 crime of Grave Coercion under Article of also moved for the reconsideration of the appliance within weeks testing same Code, for two compelling Bafter to sign such decision insisting that since if, he was acquitted Robbery vs. Highway Robbery (2000) the same, B decided not to that buy it. weeks deed of sale against his will. of the crime charged, and heTwo purchased Distinguish Highway Robbery under lapsed without B returning the appliance. the merchandise in good faith, he is A not SUGGESTED ANSWER: Presidential from Robbery found out that B had No. sold the washing obligated to Decree return the 532 merchandise to its SUGGESTED ANSWER: The motion for reconsideration should be committed on a highway. (3%) machine to a third partyIs B liable for owner. on the motions with reasons. Highway Rule Robbery under Pres. Decree 532 granted. By depositing the merchandise in his estafa? Why? (5%) SUGGESTED ANSWER: (5%) differs from ordinary Robbery committed on warehouse, he for transferred not he merely No, B is not liable estafa because is a highway in these respects: physical but also juridical possession. The not just an entrustee of the washing machine 1 In of Highway Robbery under PD the element taking in the crime of 532, theft is which he sold; he is the owner thereof by robbery is committed indiscriminately against wanting. At the most, he could be held liable virtue of the sale of the washing machine to persons who commute in such highways, for estafa misappropriation of isthe him. The sale for being on credit, B as buyer On regardless the other of the hand, potentiality the motion theyof offer; VR must while in merchandise deposited. only liable for the unpaid price of the also be denied. His acquittal is of moment ordinary Robbery committed on a no highway, the washing machine; his obligation is only a civil Estafa; Swindling (1998) because robbery isthe committed thing, subject only against matter predetermined of the obligation. There is no felonious offense, Divina, the owner be restored of a 500-square to the owner meter even victims;isshall misappropriation that could constitute residential in Makati covered by TCT though 2 It it is islot Highway found in Robbery theCity possession under PD of a 532, third when estafa. person No. 1998. who As acquired her son needed it by lawful money means. for his (Art. the offender is a brigand or one who roams in trip abroad, 105, public RFC) Divina mortgaged her

67 of 86 68
lot to her neighbor Dino for P1,000,000. Estafa; Divina Elements (2005) Later sold the same lot to Angel for DD purchased television forshe P50,000.00 P2,000,000. In a the Deed of set Sale, with the use of a that counterfeit credit is card. expressly stated the property freeThe owner of the hadWhat no inkling from any lienestablishment or encumbrance. crime, SUGGESTED ANSWER: that the credit card used by DD was if any, did Divina commit? [5%] Divina committed estafa swindling under counterfeit. What crime oror crimes did DD Art. 316, Explain. par. 2 of the Revised Penal Code SUGGESTED ANSWER: commit? (5%) DD committed the crime estafa under Art. because, knowing that of the real property 315, par. 2(a) of the Revisedshe Penal Code by a being sold is encumbered, still made falsely pretending to credit. misrepresentation in posses the Deed of The Sale that elements of estafa under this penal the same is free from any provision lien or are; (1) the accused another encumbrance. Theredefrauded is thus a deceit or by fraud Robbery means (1996) of deceit; to and (2) damage or lot. causing damage the buyer of the Five robbers robbed, one after the other five prejudice capable of pecuniary estimation is houses occupied by different families located caused to the offended party or third party. The accused also violated R.A. 8484, inside a compound enclosed byNo. a six-feet Mr. Carlos Gabisi, a use customs guard, and which punishes the or possession of Mr, SUGGESTED ANSWER: high hollow block fence. How many robberies Rico Yto, a private Individual, went to the SUGGESTED ANSWER: No, the contention of the accused is not fake or counterfeit credit card. did the five commit? Explain. office of Mr. Diether Ocuarto, a one customs The offenders committed only robbery in Estafa; Falsification of as Commercial Document (2000)were correct. As long the checks issued broker, and represented themselves as they the eyes of the because issued to apply on law account or for when value, and agentsdishonored of Moonglow Commercial Trading, an entered the compound, they were impelled was upon presentation for Importer of children's clothes and toys. Mr. only by a single indivisible criminal resolution payment to the drawee bank for lack of Gabisi and a Mr. Ytoon engaged Mr. Ocuarto toact to commit robbery as they were not aware insufficient funds their due date, such prepare and file with the Bureau of Customs that there were five families inside falls within the ambit of B.P. Blg. 22. Said said law the necessary Import any Entry and Internal compound, considering that the same was expressly punishes person who may Revenue Declaration covering enclosed by a six-feet hollow-block have insufficient funds in high theMoonglow's drawee bank shipment. Mr. Gabisi and Mr. Yto submitted to fence. The series of robbery committed the when he issues the check, but fails to in keep Mr. Ocuarto a packing list, a commercial same compound at about the same time sufficient funds to cover the full amount of Robbery under RPC invoice, a bill of (2000) lading and acrime, Sworn Import constitutes one continued motivated the check when presented to the drawee A, B, C, D and B were in a beerhouse along Estafa vs. BP 22 (2003) Duty Declaration which declared the by one criminal impulse. bank within ninety (90) days from the date MacArthur Highway having a drinking spree. A and B agreed to meet at the latter's house shipment as children's toys, the taxes and appearing thereon. At about 1 o'clock in the morning, they to discuss B's financial problems. duties of which were computed atOn his way, decided to car leave and so asked for the one of A's blew up. Before A bill. left P60,000.00. Mr. tires Ocuarto filed the They pooled money following the their meeting, hetogether asked Bbut to they lend aforementioned documents with the Manila were short of a Port. P2,000.00. E before him (A)still money to buy new spare tire. Bthen had International Container However, orchestrated a plan whereby A, B, C and D temporarily hisa bank deposits, the shipmentexhausted was released, spot check was would go out, flag a taxicab and rob the taxi leaving zero balance. Anticipating, conductedaby Customs Senior Agent James driver of all money while would wait for however, a his replenishment of his account Bandido, who discovered thatE the contents of them in the beerhouse. A. B, C and D agreed. soon, B issued A a postdated check with the van (shipment) were not children's toys All armed with A, B,tire. C and D which A negotiated for a documents new When as declared in thebalisongs, shipping but hailed the of first taxicab they encountered. presented, the check bounced for lack 1,000 units video cassette recorders withof After the driver, of his earnings, funds. Theduties tireX, company filed a criminal case taxes robbing and computed at P600,000.00. A SUGGESTED ANSWER: which amounted to P1,000.00 only, they against A and B. What would be the criminal hold order and warrant of seizure and A who negotiated the unfunded check of B in needed P1any, ,000.00 more meet their bill. liability, of each of to the two accused? detention then issued by District buying aif were new tire for his carthe may only be So, they decided to hail another taxicab and Explain. Collector8% of for Customs. investigation prosecuted estafa Further if he was aware at the they again robbed driver T of his hard-earned showed that Moonglow is non-existent. time of such negotiation that the check has money amountingGabisi to P1,000. On their way Consequently, Yto were no sufficient Mr, funds in and the Mr. drawee bank; back to the beerhouse, they were charged with convicted for violation of SUGGESTED ANSWER: otherwise, he and is not criminally liable. apprehended a3019 police team upon the A. B, C,accommodated D and E are liable for two (2) counts Section 3(e) of by R.A. makes it may B who A which with his check complaint of X, the driver of the first cab. of robbery under Article 294 of the Rev. unlawful among for public officers nevertheless be others, prosecuted under BP 22to for They to E as the mastermind. What Penal Code; not for highway Robbery under causepointed any undue Injury toknowing any party, having issued the check, at the time crime or The crimes, if any, did A, B, C, the D and B PD 532. offenders are not brigands but including the Government. In the discharge of of issuance that it has no funds in bank commit? Explain fully. (3%) only committed the robbery to raise money official functions through manifest partiality, and that A will negotiate it to buy a new tire, to pay their bill because it happened that evident faith gross i.e., for bad value. B or may notinexcusable be prosecuted for they were short of money pay the same. negligence. In their motion for estafa because the facts to indicate that he is Robbery under RPC (2001)accused alleged that the reconsideration, not actuated by the intent to defraud in issuing A and B are neighbors in Barangay Nuevo I, decision was erroneous because the crime the check which A negotiated. Obviously, B Silang, Cavite. A is a barangay Kagawad was notthe consummated but was only athelp anand issued postdated check only to A: known to be a or dolo attempted stage, and that in fact the criminal intent is absent. Government did not suffer any undue injury. Assuming that the attempted or frustrated stage of the violation charged is not punishable, may the accused be nevertheless convicted for an offense punished by the Revised Penal Code under the facts of the case? Explain. (3%)

Criminal Law Bar Examination Q & A (1994-2006)

69 of 86 70
to prevent highways identification, and carries what out his crime robbery did the in highways as venue, whenever the fourpublic commit? Explain. SUGGESTED ANSWER: opportunity to do so arises. It is ordinary (a) Robbery Jose, Domingo, andRevised Manolo Penal committed under the Code Robbery, while Fernando committed when the commission thereof in complex a public crime of Robbery with Rape. Conspiracy highway is only incidental and can the be offender inferred from the manner the offenders is not a brigand: and committed the robbery but under the rape 3. In Highway Robbery PD was 532, committed by Fernando a place "distant there is frequency in theat commission of the from the in house" the robbery was robbery publicwhere highways and against committed, not in the presence of the other persons travelling thereat; whereas ordinary conspirators. Hence, Fernando alone should Robbery in public highways is only occasional answer rape, rendering him liable for against for a the predetermined victim, without the special complex crime. (People vs. frequency in public highways. b) The crime would be Robbery with Homicide Canturia et. al, G.R. things 108490, 22 June 1995} Robbery w/ force because the upon killings (2000) were by reason (to A, brother of B, with the intention having a prevent identification) and on theof occasion of night out with his friends, took the coconut the robbery. The multiple rapes committed shellthe which is that being used by B as a bank and fact several persons were for killed coins from inside their locked cabinet using as [homicide), would be considered their common key. Forthwith, AThe broke the are aggravating circumstances. rapes coconut shell with outside of their home the synonymous Ignominy and thein additional presence of his friends. What is the (People criminalvs. killing synonymous with cruelty, liability of A, if any? Explain. (3%) Is A 531) Solis, 182 SCRA; People vs. Plaga, 202 SCRA Robbery w/ Homicide (1998) liability under Article exempted from criminal A, B,of C the and D all armed, a being bank, a and 332 Revised Penal robbed Code for SUGGESTED ANSWER: when they were about to get out of the brother of B? Explain. (2%) a) A policemen is criminally liable Robbery with bank, came andfor ordered them to force upon things, because shell surrender but they fired the oncoconut the police with thewho coins inside, was taken intent officers fired back and shot with it out with to gain and outside was of their home, 1. Suppose a broken bank employee killed and them. (Art. 299 (b) (2). killed RPC). him came from the the bullet which b) No, A is not exempt from with criminal firearm of the police officers, whatliability under Art. you 332 because said Article applies 2. Suppose it was robber D who was crime shall charge A, B. C and D?killed [3%] only topolicemen theft, swindling or prosecutor malicious mischief. by the and the Here, the crime committed is robbery. charged A, B and C with Robbery and Homicide. They demurred arguing that they Robbery w/ Homicide - R.A. 7659 (2005) (A, B and C) were not No. the ones who killed Jose employed Mario as gardener robber D, hence, the charge should and onlyHenry be as cook.How They learned thattheir Jose won Robbery. would you resolve P500,000.00 in the lotto, and decided to rob argument? (2%) him. Mario positioned himself about 30 meters away from Joses house and acted as lookout. For his part, Henry surreptitiously gained entry into the house and killed Jose who was then having his dinner. Henry found the P500,000.00 and took it. Henry then took a can of gasoline from the garage and burned the house to conceal the acts. Mario and Henry fled, but were arrested around 200 meters away from the house by alert Mario and Henry were charged with and barangay tanods. The tanods recovered the convicted of robbery with homicide, with the P500,000.00. aggravating circumstances of arson, dwelling, and nighttime. Mario moved to reconsider the decision maintaining that he was not at the scene of the crime and was not aware that Henry killed the victim; hence, he was guilty only of robbery, as an accomplice. Mario also claimed that he conspired with Henry to commit robbery but not to kill

Jose. Henry, likewise, moved to reconsider the decision, asserting that he is liable only for attempted robbery with homicide with no aggravating circumstance, considering that he and Mario did not benefit from the P500,000.00. He further alleged that arson is a felony and not an aggravating circumstance; dwelling is not aggravating in attempted robbery with homicide; and nighttime is not aggravating because the house of Jose was lighted at the time he was SUGGESTED ANSWER: killed. is Resolve with reasons the respective Mario not correct. Mario conspired and motions of Mario and Henry. (7%) acted in concert with Henry to commit

robbery. Hence, the act of one is the act of all and the extent of the specific participation of each individual conspirator becomes secondary, each being held liable for the criminal deed(s) executed by another or others. As a conspirator, Mario casts his lot with his fellow conspirators and becomes liable to any third person who may get killed in the course of implementing the criminal Henry is incorrect, since he acquired design. (People v. Punzalan, et al.. G.R. No. possession of the money. The crime of 78853, November 8, 1991) robbery with force and intimidation is consummated when the robber acquires possession of the property, even if for a short time. It is no defense that they had no opportunity to dispose of or benefit from the money taken. (People v. Salvilia, et al., G.R. No. Since crime in robbery with force and 88163,the April 26, 1990) intimidation against persons (robbery with homicide), dwelling is aggravating. Arson, which accompanied the crime of robbery with homicide is absorbed (Art. 294, RFC as amended by R.A. No. 7659) and is not aggravating because the RPC does not provide that such crime is an aggravating circumstance. (People v. Regala, G.R. No. 130508, April 5, 2000) Nighttime, likewise, is not aggravating. There is no showing that the same was purposely sought by the offenders Robbery w/ Homicide (1996) to facilitate the commission of the crime or Jose, Domingo, Manolo, and Fernando, armed impunity. with bolos, at about one o'clock in the morning, robbed a house at a desolate place where Danilo, his wife, and three daughters were living. While the four were in the process of ransacking Danilo's house, Fernando, noticing that one of Danilo's daughters was trying to get away, ran after her and finally caught up with her in a thicket somewhat distant from the house. Fernando, before bringing back the daughter to the house, raped her first. Thereafter, the four carted away the belongings of Danilo and his family. a) What crime did Jose, Domingo, Manolo and Fernando commit? Explain. b) Suppose, after the robbery, the four took turns in raping the three daughters of Danilo inside the latter's house, but before they left, they killed the whole family

SUGGESTED ANSWER:

1.

A, B, C and D should be charged with the crime of robbery with homicide because the death of the bank employee was brought about by the acts of said offenders on the occasion of the robbery. They shot it out with the policeman, thereby causing such death by reason or on the occasion of a robbery; hence, the composite crime of robbery with homicide. 2. The argument is valid, considering that a separate charge for Homicide was filed. It would be different if the charge filed was for the composite crime of robbery with homicide which is a single, indivisible offense.

Criminal Law Bar Examination Q & A (1994-2006)

SUGGESTED ANSWER: Robbery w/ Homicide (2003) committed hence, with Family of certain Internal Rule Code, the crimes, taking by Revenue, 110 such one like of with who, as rape, the in A, intent Article with seduction the Revised intent to speaker, 27 gain which to and Rules is gain, in is the a on The crime committed by XA, YB and ZC the A learned two days ago that had received appropriates complete Criminal marriage course adultery. of Procedure. It in and his has articulo property lecture, thus no definite the mortis. of lamented crime another concept IfB is the the without second as fact a isthe that composite crime Robbery with a dollar bills amounting to $10,000 from hissaid consent consummated. marriage a crime. great of majority was its owner. validof of even And those without the serving crime a marriage isRape, in single, indivisible offense under Art. 294(1) of Theft; Concubinage Stages of (2002) Execution (2000) daughter working in the United States. With committed license, agencies then were even CBP utterly when would dishonest the be offender liable and for receives bigamy. corrupt. Miscellaneous the Penal Code. Sunshine, A is Revised married. a another beauteous He has a "colegiala" paramour with but a whom the intention of robbing Bthe of those dollars, Aof property The following of morning, but acquires whole only group Otherwise, CBP is liable for but shoplifter, he has sexual went relations tonot the Ever on Department a bigamy moreattended or Store less entered B's house at midnight, armed with a physical employees possession in the two to bureaus hold the same. who Corpus Delicti (2001) Although the conspiracy among the Theft (2001) for Illegal Marriage in Art. 350 the Revised and regular proceeded basis. to They the meet women's at for wear least section. once a knife which he used to gain entry, and began the seminar, as complainants, filed a criminal At a birthday party in Bogo, Cebu, A got offenders was only to commit robbery and Francis Garcia, a Jollibee waiter, found a gold Penal Code, specifically designated as The week saleslady in hotels, was motels of the impression and other that places she quietly searching the shelves, and complaint against A drawers, for uttering what the intoxicated and started quarrelling with Band only XA raped CD, the other robbers, YB bracelet incontracted front of his working place in "Marriage against provisions brought where they to the can fitting be alone. room three Is A guilty (3) pieces ofof any of other likely receptacles of the cash. While group claimed to be defamatory statements and C. At the height of their arguments, A SUGGESTED ANSWER: ZC, were present and aware of the rape Makati and, upon inspecting it, saw name laws." swimsuits crime? Why? of different (3%) colors. When she came doing that, B awoke, rushed out from the of the lecturer. In court, A filed a motion to left took a bolo from his house, after by A isand guilty of the crime of concubinage being committed by their co-conspirator. and address of the owner engraved on the out of the fitting room, she returned only two bedroom, and grappled with A for the quash the information, reciting fully the which he returned to the party andscandalous having sexual intercourse SUGGESTED ANSWER: Bigamy; Prescriptive Period (1995) Having done nothing to under stop XA from inside. Remembering his parents' admonition (2] pieces to the clothes rack. The saleslady possession of the knife which A was then above facts, on the ground that no crime threatened to stab everybody. B got scared I would grant the motion to quash on the circumstances, with a woman who is not his Joe and Marcy were married in Batanes in committing the rape, YB and ZC thereby that he should notIf take anything which does became suspicious and alerted the store holding. After stabbing B to charged death, A turned were committed. you were the judge, how and ran towards the seashore, with A chasing ground that the facts do not wife. 1955. After two years, Joe left Marcy and concurred in the commission of the rape by not belong to him, he delivered the bracelet detective. Sunshine was stopped by the over B's pillow found the latter's wallet would you resolve the motion? 8% him, B ran up aand steep incline along the shore The criminal liability of all, XA, YZ and ZC, Having sexual relations on a more or constitute an offense, since there isless no settled in Mindanao where he later met and their co-conspirator XA. to PO1 Jesus Reyes of the Makati Quad detective before she could leave the store underneath the pillow, which was bulging and was cornered on top of a cliff. Out of shall be the same, as principals in the special regular basis in hotels, motels and other SUGGESTED ANSWER: definite person or persons dishonored. The married Linda on 12 June 1960. The second precinct with the instruction to locate the and brought to the office of the store with the dollar bills he was looking for. A took fear, B of jumped from the cliff into the sea, A is The crime committed is robbery with complex crime of it robbery with rape which places may be considered scandalous crime libel or slander, is aa crime against marriage was registered in the civil registry of owner and return to him. PO1 Reyes, manager. The detective and the manager the bills and left the house. What crime or returned to the scene of their confrontation homicide, a composite crime. This is so a single, indivisible offense where the rape circumstance that offends public conscience, honor such the person or persons Davao City three days after its celebration. instead, sold the bracelet and searched her and found her wearing the third crimes were committed? 8% there, and seeing that nobody was because A's primordial criminal intent is toin SUGGESTED ANSWER: accompanying the robbery iswent just a giving rise to criticism and general protest dishonored must be identifiable even by On 10 October 1975 Marcy who remained misappropriated the proceeds. Subsequent swimsuit under her blouse and pants. Was The theft was consummated because home to sleep. The next day, B's wife commit a robbery and in the course ofthe the component. such acts being imprudent and wanton and innuendoes: otherwise the crime against Batanes discovered the marriage of Joe to events brought out the fact that the The bracelet the theft of the swimsuit consummated, ALTERNATIVE ANSWER: Robbery; Homicide; Arson taking or asportation was complete. reported to the police station that robbery, the killing of(1995) B took place. Both the setting anot bad example (People vs.her Santos, 86 honor is committed. Moreover, A was not Linda. On 1 March 1976 Marcy filed a was dropped by a snatcher who had grabbed A is not guilty of any crime because a frustrated or attempted? Explain. (5%) Harry, an overseas contract worker, arrived asportation is complete when the offender husband had not yet come home. A search robbery and the killing were consummated, The crime of bigamy prescribed in fifteen SCRA 705a [1978]). making malicious imputation, but merely complaint for bigamy against Joe. it from the owner a block away from where married man does not incur the crime of from Saudi Arabia with considerable savings. acquired exclusive control of the personal was conducted by residents of the thus giving rise to the special complex crime years computed from the day the crime is a stating an opinion; he was delivering Francis had found it and further investigation concubinage by merely having ahis paramour, Knowing him to be "loaded", friends property being taken: in this case, when barangay but after almost two days, B or his of robbery with homicide. The primary discovered by the offended party, the lecture with nopossessor malice at as all PO1 during a seminar traced Manuel the last Reyes. unless under scandalous circumstances, or Jason, and Dave invited him to poker Sunshine wore the swimsuit under her blouse body could not be located and his criminal intent being to commit a robbery, authorities or their agents. Joe raised the workshop. Malice being inherently absent in Charged with theft, PO1 Reyes reasoned out he keeps her in the conjugal dwelling as a Libel (2005) SUGGESTED ANSWER: session at a rented beach cottage. When he and pants was on her way out of the disappearance continued for the next few any killing on the "occasion" of the robbery, defense of and prescription ofstatement the crime, more the utterance, the is not that he had not committed any crime mistress, or cohabits with her in any other Charged In an interview with theft, aired PO1 on Reyes television, is criminally Cindee was losing almost all his money which to him store. With evident intent to gain, the taking days. Based on the testimony of Cfrom and other though not as by reason thereof, is considered than fifteen years having elapsed the a actionable defamatory. because itcontention was not he whohe had found the place. His weekly with his liable. uttered His defamatory statements that has against not Erika, was his savings of a lifetime, he discovered constitutes theft and being complete, it is guests, who had seen A meetings and B on top of the component crime of robbery with celebration of the bigamous marriage up to bracelet ALTERNATIVE and, ANSWER; moreover, it turned out to have Robbery w/ Homicide; Special Complex Crime (1995) paramour does not per se constitute committed a successful any and crime reputable because businesswoman. he was not that he was being cheated by his friends. consummated. It is not necessary that the cliff, A was arrested and charged with homicide as a single indivisible offense. the filing of Marcy's complaint. He contended SUGGESTED ANSWER: Unjust Vexation vs. Act of Lasciviousness (2006) The crime of theft was only frustrated because been stolen. Resolve the case with reasons. scandalous circumstance. Victor, Ricky, Rod and Ronnie went to the the What one crime who found or crimes the bracelet did Cindee and it commit? turned Angered by the betrayal he decided to take offender is in a position to dispose of the Murder. In his defense, he claimed that since The defense of A is not tenable. "Corpus that the registration of his second marriage in Eduardo Quintos, a widower for the past 10 Sunshine has not yet left the store when the SUGGESTED ANSWER: (10%) Harry ordered several bottles of Tanduay store of Mang Pandoy. Victor and Ricky out Explain. to be (3%) stolen also, is devoid of merit. It is revenge on the three cheats. property, B's body has not been found, there was no delicti" does not refer to the body of the the civil registry of Davao City was years, felt that his retirement at the age of Cindee committed libel for uttering offense was opportunely discovered and the Rhum and gave them to his companions to entered the store while Rod and Ronnie enough that the bracelet belonged to evidence of "corpus delicti' and therefore, he purported victim which had not been found. constructive notice to the whole world of the 70 gave him the opportunity to engage in his defamatory remarks tending to ordering cause article seized from her. She does not have yet drink, as they did, until they all fell asleep. posted themselves at the door. After another and the failure to restore the same should be acquitted. Isto the defense of A Even without the body of the purported celebration thereof thus binding upon Marcy. favorite pastime voyeurism. If not using dishonor or discredit Erika. Libel can be the freedom to dispose of the swimsuit shehis SUGGESTED ANSWER: When Harry saw his companions already beer Ricky complained that he was to its owner is characterized by intent to tenable or not? State the reason(s) for your victim being found, the offender can be Has the crime of bigamy charged against Joe high-powered binoculars to peep at his committed in television programs or was No. The The act taking of prescriptive PO1 (People Reyes vs. period Dino, of selling CA for 45 the the O.G. crime bracelet 3446) of . sound asleep he hacked all of Pandoy them to death. shortchanged although Mang gain. answer. (5%) convicted when the facts and circumstances already prescribed? Discuss fully, neighbor's homes and domestic activities, his broadcasts, though it was not specifically Moreover, bigamy which does is computed in not case belong of doubt from to him the as and time to whether which the crime he it is Then he remembered his losses. He rifled vehemently denied it. Suddenly Ricky of a crime, the body of the crime or "corpus second choice was to follow young mentioned in the article since itsweet was not yet consummated was only discovered held to be or delivered by frustrated, the offended to its the owner, party, doubt is the must through the pockets of his victims and got whipped out a knife as he announced "HoldIn other words, the non-recovery of the body delicti" is established. girls. One day, he trailed a teenage girl up to in existence then, but is included as "any be authorities furtive resolved misappropriation or in their favor agents. of the with milder The intent principle criminal to gain. of back all the money he lost. He ran away upthe ito!" and stabbed Mang to death. of victim is Rights not a bar to Pandoy the then prosecution Usurpation of station Real (1996) the LRT at EDSA-Buendia. While similar means." Defamatory statements aired responsibility. constructive notice which ordinarily applies but not before burning the cottage to hide Rod the store's salesgirl Lucy to of A boxed for Murder, but the fact of death and Teresita is the owner of a two-hectare land in Where a finder of lost or mislaid property ascending the stairs, he stayed one step on television is similar to radio, theatrical to land or property disputes should not be his misdeed. The following day police prevent her from helping Mang Pandoy. When identity of the victim must be established Bulacan which she planted to rice and corn. entrusts it to another for delivery to the behind her and in a moment of bravado, exhibition or cinematographic exhibition, applied to the crime of bigamy, as marriage investigators found among the debris the Lucy ran out of the store to seek help from beyond reasonable doubt. Slander (1988) Upon her arrival from a three-month vacation After investigation, the Provincial owner, the person to whom such property is placed his hand on her left hip and gently which are among the modes for the is notpreliminary property. Thus when Marcy filed a charred bodies of Jason, Manuel, Dave and Corpus Delicti; Definition & Elements (2000) people next door she was chased by Ronnie. For some time, bad blood had existed in the United States, she was surprised to Prosecutor charged Harry with the complex entrusted and who accepts the same, massaged it. She screamed and shouted commission of libel. (Arts. 353 and 355, RPC) complaint for bigamy on 7 (2%) March 1976, it for the caretaker of the resort. a) Define "corpus delicti". b) As soon as Ricky had stabbed Mang Pandoy, ALTERNATIVE ANSWER: between the two families of Maria Razon and discover that her land had been taken over crime of arson with quadruple homicide and assumes the relation of the finder to the help. Eduardo was arrested and charged with was well within the reglamentary period as it What are the elements of "corpus Victor scooped up the money from theacts cash The designation of the crime as of Judge Gadioma who were neighbors. First, by Manuel and Teofilo who forcibly evicted robbery. Was Harry properly charged? owner if he was the actual finder: ifthe he acts ofas lasciviousness. Isfrom the designation of SUGGESTED ANSWER: was barely a few months the time of delicti"? (3%) box. Then Victor and Ricky dashed to lasciviousness is not correct. There is no lewd SUGGESTED ANSWER: there was a boundary dispute between them Simulation ofcorrect? Birth &literally Child Trafficking (2002) her tenant-caretaker Juliana, after Discuss fully. would misappropriate it, he is guilty of theft Corpus the crime Delicti (5%) means "the body or discovery on 10 October 1975. (Sermonia vs. street and shouted, na kayo!" Rod design exhibited by Eduardo when he placed No, Harry was net properly Harry Theft; Qualified Theft (2002) which was still pending in court. A childless couple, A"Tumakbo and B, wanted to Maria's have a threatening to kill the latter if charged. she would (People vs. Avila, 44 Phil. 720). substance of the crime" or the fact that a and CA, 233 SCRA 155) was 14 and Ronnie was 17. The money and his hand on the left hip of the victim should have been charged with three (3) A mother fire broke also out filed in an a department administrative store, complaint A, child they could call their own. C, an unwed resist their taking of the land. Thereafter, crime has been committed, but does not other looted from the store of Mang gently massaging it. the The act does not clearly separate crimes, namely: murder, theft and SUGGESTED ANSWER: against the judge which was however takingarticles advantage of confusion, entered mother, sold her newborn baby towho them. Manuel and Teofilo plowed, cultivated and include the identity of the person Pandoy were later found in the houses of show an exclusively sexual motivation. The All are liable for the special complex crime arson. the store and dismissed. The carried Razons away also goods felt which intimidated he Thereafter, A the and B caused their names to appropriated harvest for themselves to of committed it. (People vs. Pascual 44 OGvexation 2789). Victor and Ricky. Discuss fully the criminal crime he committed is only unjust Harry killed Jason, Manuel and Dave with robbery with homicide. The acts of Ricky in by the position alleged of their later sold. What crime, if any, did he commit? be stated in the birth certificate of the child the exclusion ofand Teresita. 1) influence What crime or Elements of corpus delicti: liability of Victor, Ricky, Rod and Ronnie. for causing annoyance, irritation or evident premeditation, as there was stabbing Mang Pandoy to death, of Rod inwas SUGGESTED ANSWER: Why? neighbor. (2%) Fanning fire to the situation as his parents. This was done in connivance crimes did Manuel and Teofilo commit? The actual commission by someone of the A disturbance committed to the the crime victim of qualified (Art. 287, theft Revised considerable lapse of time before he decided boxing the salesgirl to prevent her from the ofwho theManuel Gadiomas of delivery throwing with practice the 2) doctor assisted in Explain. particular crime Suppose charged. It is and a the compound Teofilo killed ALTERNATIVE ANSWER: SUGGESTED ANSWER: because Penal Code), he took not the acts goods of lasciviousness on the occasion (Art. to commit the crime and the actual helping Mang Pandoy, of Ronnie in chasing garbage and animal excrement into the of C. What are the criminal liabilities, if any, Juliana when the latter refused to surrender fact made up of two things: The crime should be Other Acts of Child 1) Manuel and Teofilo committed the crime of of 336, and Revised taking Penal advantage Code). of the fire which SUGGESTED ANSWER: commission of the crime. In addition, Harry the salesgirl to prevent her in seeking help, Razon's premises. In an explosion of anger, 1 The existence of a certain act or result of the couple and B,10 C and the doctor? possession of A the land, what crime or crimes Abuse under Section of RA. 7610, par. b usurpation of real rights under Art. 312 of the SUGGESTED ANSWER: The couple A and B, and the doctor shall be broke out in the department store. The employed means which weakened the of Victor in scooping up money from the cash Maria forming called the basis Judge of Gadioma the criminal "land charge; grabber", and did the two commit? Explain. of Section 3 that refers to child abuse Maria committed the crime of slander or Revised Code for employing violence liable forPenal the crime of simulation of birth, occasion a calamity such as when the defense of Jason, Manuel and Dave. Harry box, and Ricky and Victor in fire, dashing to the "shameless", and "hypocrite." What crime 2 The existence of a persons. criminal agency as the committed by any act, deeds words which slight defamation only because she was against orcommitted, intimidation of The threats penalized under Article 347 of or the Revised theft was qualifies the crime gave them the liquor to drink until they were street and announcing the escape, are all was cause committed of the act or by result Maria, if any? Explain debases, degrades or of demeans the intrinsic under the influence anger. When Maria to kill employed by them in forcibly entering The rule is settled that when homicide takes Penal Code, as amended. The act ofHarry making under Article 310 of the Revised Penal Code, drunk and fell asleep. This gave indicative of conspiracy. briefly. 3 The identity of the offender is not athe worth and dignity of a child as a human called Judge Gadioma a hypocrite and Theft; Qualified Theft (2002) the land is the means of committing the crime place as a consequence or on the occasion it appear in the birth certificate of aof child as amended. opportunity to carry out his plan murder necessary element of corpus delicti being. In relation thereto, Section 10 and absorbed in the of a therefore robbery, all those that the persons named therein are the with impunity. provides criminal liability for other acts of parents of the child when child abuse, cruelty or exploitation, or for other condi

71 of 86 72 73 74 75 76 77
land who The A felony, tions they vehicular took taking grabber are prejudicial unless not part accident of she really in the the to the imputed the intimidation money the robbery occurred child's biological to from him are development. on resulted guilty the the parents national victims as in of a principals was highway more The said commission reaction child a serious mere in constitutes of Bulacan. of the of felony. crimes. afterthought the crime victim, Among the of robbery crime screaming the of of first the with simulation to killings. for arrive homicide, Hence, at help of birth. the upon Harry scene unless the committed occurrence of the theaccused accident the of the tried separate touching was to prevent A,crime who Slander (1996) 2} C, The unwed crime mother still isbe criminally usurpation liable of real for thethe of found indicates theft killing one that and (People of would she the not vs. perceived victims the Baello, complex already 224 her SCRA dignity dead crime 218) was .and of Pia, aothers bold actress living on top floor of a was rights "child under trafficking", Art. 312, a violation RPC, even of if Article the said IV, Further, robbery the being debased the with aggravating unconscious. homicide. or violated. circumstance Although Before theft rescuers of plush condominium in Makati City sunbathed offenders Sec. 7 ofkilled Rep. Act caretaker No. 7610. because The law the craft committed could could come, be against assessed A, the taking dead against advantage persons, the accused it of is still the Crimes Against the Civil Status naked at its penthouse every Sunday killing punishes is the inter Violence alia the against act persons" of buying which and for pretending legally helpless possible condition to as be the of customers the offended victims, of party Mang took are their the of Persons ALTERNATIVE ANSWER: Robbery w/ Intimidation vs. Theft In burning the cottage to(2002) hide his misdeed. morning. She was unaware that business is selling the means of athe child. for committing the the crime and as Pandoy. estates wallets of and jewelry. victims. However, the police, The couple A house and B, the unwed mother C, A entered the ofreport another Harry became liable for another separate executives holding office at the adjoining tall such, determinative only. However, gives who responded to the of without the this accident, Bigamy (1994) and the doctor being all involved in the SUGGESTED ANSWER: employing force or to violence upon things. He crime, This act of or burning was not buildings reported office every Sunday way to arson. the proviso that the penalty provided caught A. What crime crimes did A A committed the crime of powerful qualified theft Issa simulation and of birth who were of the first newborn cousins, were child, was seenBobby, by awith maid who wanted to scream necessary for the consummation of the two morning and, the use of for therein is "in addition to the penalty commit? Why? (5%) because he took the wallets and jewelry of married in In 1993, Bobby told violate Rep. Act No. 7610. Their acts but previous was prevented from doing sowas because A (2) offenses he committed. The fact binoculars, kept on gazing at her while she incurred in1975. the acts of violence (murder or the victims with evident intent to gain and that constitute his marriage child to Issa trafficking was incestous which are threatened her with a gun. A then took that the caretaker died from the blaze did sunbathed. Eventually, her sunbathing homicide] executed by them. The crime is (People vs. Judge Alfeche, plus the fine on the occasion of crime a vehicular accident under the law then in force and penalized under Article IV of said law. money and other valuables and left. Is A not qualify Harry's into a killing complex became the talk of the town. 1) therefore What crime, similar to a robbery where a is mentioned therein. SUGGESTED ANSWER: wherein he took advantage of the helpless void ab initio. He married Caring. Crimes Against Honor guilty of theft or of robbery? Explain. (3%) crime of arson with homicide for there is no if any, did Pia commit? Explain, 2) What committed by reason thereof, giving rise only A is liable for robbery because of the Charged with bigamy, Bobby raised the crime SUGGESTED ANSWER: condition of the victims. But only one Hence, Harry was improperly charged with Crimes Against Chastity such crime. crime, if any, did the business executives to one indivisible offense 1) Pia did not commit a crime, The felony intimidation he employed on the maid before defense that his first marriage is void ab of qualified theft was committed although the complex crime of arson with quadruple Libel (2002) Explain. commit? closest to making Pia criminally liable is of the of the money and other valuables. initio therefore, there is no previous there were more than one victim divested of homicide and robbery. Harry should have A. Aand was nominated Secretary a Acts taking of Lasciviousness vs. Unjust Vexation (1994) Grave Scandal, but then such act is not to be It is the intimidation of person relative to the marriage to speak of. Will you sustain their valuables, because all the taking of the been charged with three (3) separate crimes, Department in the Executive Branch of the When is embracing, kissing and touching a SUGGESTED ANSWER: considered as highly scandalous and taking that qualifies the crime as robbery, Bobby's defense? valuables were made on oneunjust and the same murder, theft and arson. government. His nomination was thereafter girl's breast considered only vexation No. I will not sustain Bobby's defense, Bobby Theft; Qualified Theft (2006) Robbery; Rape (1997) offensive against decency and good customs. instead of simply theft. The non-employment occasion, thus constituting a continued submitted to the Commission on instead of acts ofJay lasciviousness? remarried in 1993, or after the Family Code 1. Forest Ranger Velasco was patrolling In the first place, it was not done a public After raping the complainant in in her house, of force upon things is of no moment crime. SUGGESTED ANSWER: Appointments for confirmation. While the took effect on August 3, 1988, and therefore the Watershed and Reservoir when place and within public knowledge or view. the accused struck a match to smoke because robbery is committed not only by a The Balara acts of embracing, kissing of a woman Commission was considering the nomination, his capacity to marry in 1993 shall beby he noticed aof big pile of cut logs outside the As a matter fact it was discovered the cigarette before departing from the scene. employing force upon things but also by arising either out of passion or other motive a group of concerned citizens caused to be governed by said Code. In Art. 40 of the gate of the watershed. Curious, he scouted executives accidentally and they have to use The brief light from the match allowed him to employing violence against or intimidation of and the touching of her breast as a mere published in the newspapers a full-page Robbery w/ Rape (1999) Family Code, it is mandated that the absolute around and after a few minutes, he saw binoculars to have public and full view of Pia notice a watch in her wrist. He demanded persons. incident of the embrace without lewd design statement objecting to B, A's appointment They 2) The business executives did not When commit Two young men, A and conspired to rob a nullity of aDante previous marriage maybe invoked Rene and coming out of the gate with sunbathing in the nude. that she hand over the watch. she constitutes merely unjust vexation (People alleged that A was a drug dependent, that he any crime. Their acts could not be acts of residential house of things of value. They for purposes of remarriage on the basis solely some more newly-cut logs. He apprehended refused, he forcibly grabbed it September from her. The us, Ignacio. CA GRNo. 5119-R, 30, had several mistresses, and that he was lasciviousness [ascommission there was no lustful succeeded inthem the ofovert their original of a final judgment declaring such previous and charged with the proper offense. accused was charged with and convicted of 1950). However, where the kissing, corrupt, having accepted bribes or favors SUGGESTED ANSWER: SUGGESTED ANSWER: act), or slander, as the eventual talk of the plan to simply rob. A, however, was sexually marriage void. In short, there is a need of What is that offense? Explain. the special complex crime of robbery with embracing and the touching of the breast of The offense is Qualified Theft under Sec. 68 from parties transacting business in his No. the court erred in convicting the is accused town, resulting from her sunbathing, aroused when he saw the lady owner ofnot the a judicial declaration of such nullity rape. Was the court correct? a woman are done with lewd design, the of P.D.and 705, P.D. remarry No. 330,unfit which previous office, and therefore heexecutives, was for of the special complex crime of robbery with directly imputed to the business house so,amending raped her. before Bobby may validly same constitute acts of lasciviousness (People Bigamy (1996) penalizes any person who directly or the position to which he had been nominated. The lady victim testified that B did not in any rape. The accused should instead be held Adultery (2002) and besides such topic is not intended to (Dorothy Terre vs. Jordan Terre, 211 SCRA 6). vs. Percival Gilo, 10 SCRA 753). Joselito married Ramona in(1994 July, 1995, only or to indirectly cuts, gathers, removes, As Slander a participate result by Deed of vs. the Maltreatment publication, the )B nomination way in the rape but watched liable for two (2) separate crimes of robbery A, defame a married or put woman, Pia to ridicule. had sexual intercourse learn later on that Ramona was previously smuggles timber, or other forest products was not confirmed by the Commission on Distinguish slander by deed from the happening from a window did and rape, since the primary intent The or with a man who was not herand husband. SUGGESTED ANSWER: married to David, from whom Ramona had SUGGESTED ANSWER: from any of the public forest. The Balara Appointments. The official sued the maltreatment. nothing to stop the rape. Is B as criminally objective of the accused only to and rape the I will did acquit the concerned citizens the man not know she was was married. What SLANDER BY DEED a crime committed been separated for is more than ten years. Watershed is protected by the cited laws. concerned citizens and the newspapers for liable as for robbery with rape? Explain. complainant, and commission oflibel, the newspapers involved, from the crime of crime, ifA any, did his each of them commit? 2. During the preliminary investigation and when a person publicly subjects another to Believing SUGGESTED that ANSWER: his marriage to Ramona was an libel and damages on account of his nonSUGGESTED ANSWER: (4%) robbery was merely an afterthought. The because obviously they made the Why? Yes, B(2%) is as criminally liable as Acast for the up to the trial proper, Rene and Dante an act intended or calculated to absolute nullity, Joselito contracted a A, the married woman, committed the crime confirmation. How will you decide case? robbery must precede the rape. In order to denunciation out of a moral or social duty composite crime robbery with rape under contended that ifof they were to of be held liable, dishonor, discredit or contempt upon the subsequent marriage with Anabelle. Can of adultery under Article 333 the Revised (3%) give rise to the special complex crime for and thus there is absence of malice. SUGGESTED ANSWER: Art. 294 (1). Although the conspiracy of A the their liability should be limited only to Theft (1998) latter. Absent the intent to cast dishonor, Joselito be prosecuted for bigamy? Explain. Penal Code, as amended, for having sexual Since A was a candidate for a very important which the court convicted the accused. Yes, Joselito can be prosecuted for bigamy and B was only to rob, B was present when newly-cut logs found in their possession but discredit, contempt, or insult to the offended Mario found a watch in a jeep he was riding, intercourse with a Department man not her husband public position of a Secretary, his for his subsequent marriage with Anabelle the rape was being committed which gave not to those found outside the gate. If you party, the crime is only MALTREATMENT and since it did not belong to him, he while her marriage is still subsisting. But the moral, mental and physical fitness for the even though hispar. marriage Ramona was SUGGESTED ANSWER: rise to a composite crime, a single indivisible were the judge, what will be your ruling? under Art, 266. 3, knowledge where, by deed, an approached policeman P with and delivered the man who had carnal of her, not public trust in such position becomes a public The contention is untenable, the presence of an absolute nullity. offense of robbery with rape. B would not (2.5%) offender ill-treats another without causing watch with instruction to return the same to knowing her to be married, shall not be liable concern as the interest of the public is at Despite the nullity of the first marriage, the newly cut logs outside the gate is Slander vs. Criminal Conversation (2004) Concubinage (1994) have been liable had heto endeavored to injury. whoever may be found be the owner. for adultery. stake. It is pursuant to such concern that the Joselito should have filed a case of circumstantial evidence, which, if unrebutted, Distinguish but briefly between oral P failed to clearly return the watch to the owner Abe, married to Liza, contracted another prevent the commission of the rape. But denunciation was made; hence, bereft of dissolution of such marriage under Art. 40, establishes that they are the offenders who defamation and criminal conversation. and, instead, sold it and appropriated for marriage with Connie in Singapore. since he did not when he could have done so, B. If defamatory imputations are made not malice. Family Code, before contracting a second SUGGESTED ANSWER: gathered the same. himself the proceeds of with the sale. Thereafter, Abe and Connie returned he in effect acquiesced the rape to as the a by publication in the newspapers Theft; Stages of Execution (1998) Oral defamation, known as SLANDER, but is a by marriage with Anabelle. Robbery w/ Rape; Conspiracy (2004) Philippines and lived as husband and wife in component of the robbery and so he is also broadcast over the radio, do they constitute Bigamy In the (2004) jewelry section of a act, big omission, department malicious imputation of reasoned any Together XA, YB and ZC planned to rob Miss Charged with theft, P out that he SUGGESTED ANSWER: the hometown of Abe in Calamba, Laguna. 1) liable for robbery with rape. libel? Why? (2%) CBP is legally married to OEM. Without store, Julia snatched a couple ofwas condition or circumstance against abracelets person, OD. They entered her house by breaking one cannot Yes, because be found libel guilty may because be committed it not by he Can Abe be prosecuted for bigamy? 2) If not, ALTERNATIVE ANSWER: obtaining a marriage license, CBP contracted and put these in her purse. Atcause the store's done orally in public, tending to of the windows in her house. After taking her SUGGESTED ANSWER: who found the watch and, moreover, radio broadcast Article 355 of the Revised can he be prosecuted for any other crime? 2. The argument raised by A, B and Cguard is the not a second marriage to RST. Is CBP liable for exit, however, she was arrested by the dishonor, discredit, contempt, 1) No, Abe may not be prosecuted for personal properties and as they were about watch Penal turned Code punishes out to be stolen libel committed property. Is P's by correct because their liability is not only for SUGGESTED ANSWER: bigamy? Reason briefly. (5%) after being radioed by impulse the store personnel embarassment or ridicule to radio the latter. This SUGGESTED ANSWER: bigamy ... to leave, XA decided on to rape OD. defense valid? [5%] means, among others, of broadcast, Whether CBP for could be held liable for bigamy Robbery but the special complex crime of No, who P's caught defense the is act not in valid. the store's In a charge moving for is crime against honor penalized in Art. 358 2) Yes, Abe, together with Connie, may be Asa XA was molesting her, YBmade and ZC stood inasmuch as the broadcast by radio is or not, depends on whether the second Robbery with homicide. But the facts stated SUGGESTED ANSWER: theft, camera. is enough Is the crime the personal consummated, property of the it Revised Code. prosecuted forPenal concubinage under Art. 334 outside the door of that her bedroom and did a public and may be defamatory. The crime is consummated theft because the marriage is invalid or valid even without impresses that separate crimes of Robbery CRIMINAL CONVERSATION. The term is used subject frustrated, thereof or attempted? belongs to[5%] another and not to of the Revised Penal Code for having Libel (2003) nothing to prevent XA from raping OD. What taking of the bracelets was complete after marriage license. Although as a general rule, "and" Homicide were charged, which is not in making a polite reference to sexual the offender It XA, is irrelevant whether the cohabited as(P). husband and wife. But During a seminar workshop attended by crime or crimes did YB and ZC commit, Julia succeeded in of putting them in her purse. marriages solemnized without license are correct. What was committed was a single intercourse in person deprived the possession of the concubinage being a private crime requires government employees from the Bureau of and and what is as the criminal liability of each? Julia acquired complete control of the null void ob initio, there are marriages indivisible offense of Robbery with homicide, watch has or has no right to the watch. Theft the sworn complaint of Liza, the offended Customs and the Bureau Explain briefly. (5%) bracelets after in her purse; exempted fromputting licensethem requirement under not two in crimes. is spouse accordance Chapter 2, Title 1 of the

78 of 86
Entrapment vs. Instigation (1995) Distinguished entrapment from SUGGESTED ANSWER: Instigation. In INSTIGATION, the instigator practically induces the prospective accused into commission of the offense and himself becomes co-principal. In ENTRAPMENT, ways and means are resorted to for the purpose of trapping and capturing the lawbreaker while executing his criminal plan. Instigation (1995) Suspecting that Juan was a drug pusher, SPO2 Mercado, leader of the Narcom team, gave Juan a Pl00-bill and asked him to buy some marijuana cigarettes. Desirous of pleasing SPO2 Mercado, Juan went inside the shopping mall while the officer waited at the corner of the mall. After fifteen minutes, Juan returned with ten sticks of marijuana cigarettes which he gave to SPO2 Mercado who thereupon placed Juan under arrest and charged him with violation of The Dangerous Drugs Law by selling marijuana cigarettes. Is Juan guilty of any SUGGESTED ANSWER: offense punishable under Juan cannot be charged ofThe anyDangerous offense Drugs Act? Discuss fully. punishable under The Dangerous Drugs Act. Although Juan is a suspected drug pusher, he cannot be charged on the basis of a mere suspicion. By providing the money with which to buy marijuana cigarettes, SPO2 Mercado practically induced and prodded Juan to commit the offense of illegal possession of marijuana. Set against the Entrapment vs. Instigation (2003) defense available facts instigation is a valid Distinguish fully between entrapment and to Juan. instigation in Criminal Law, Exemplify each. SUGGESTED ANSWER: 4% In ENTRAPMENT 1 the criminal design originates from and is already in the mind of the lawbreaker even before entrapment; 2 the law enforcers resort to ways and means for the purpose of capturing the lawbreaker in flagrante delicto- and 3 this circumstance is no bar to prosecution and conviction of the lawbreaker. In INSTIGATION1 the idea and design to bring about the commission of the crime originated and developed in the mind of the law enforcers; 2 the law enforcers induce, lure, or incite a person who is not minded to commit a crime and would not otherwise commit it, into committing the crime; and 3 this circumstance absolves the accused from criminal liability (People v.
Dante Marcos, 185 SCRA

Criminal Law Bar Examination Q & A (1994-2006)

79 of 86
Highways and in the discharge of his official administrative functions, did then and there willfully and unlawfully work for and facilitate the approval of B's claim for the payment of the price of his land which the government had expropriated, and after the claim was approved, the accused gave B only P1,000.00 of the approved claim of P5,000 and willfully and unlawfully appropriated for himself the balance of P4,000, thus causing undue injury to B and A has a motion to quash the information, the filed Government." contending that it does not charge an offense. Is he correct?
SUGGESTED ANSWER:

Example of Entrapment: A, an anti-narcotic agent of the Government acted as a poseur buyer of shabu and negotiated with B, a suspected drug pusher who is unaware that A is a police officer. A then issued marked money to B who handed a sachet of shabu to B. Thereupon, A signaled his anti-narcotic team to close-in and arrest B. This is a case of entrapment because the criminal mind is in B already Example of Instigation: when A transacted with him. Because the members of an anti-narcotic team are already known to drug pushers. A, the team leader, approached and persuaded B to act as a buyer of shabu and transact with C, the suspected drug pusher. For the C. After C the sachet of shabu to B purpose, A handed gave B marked money to be used and the latter handed the marked money to in buying shabu from C, the team closed-in and placed B and C under arrest. Under the facts, B is not criminally liable for his participation in the transaction because he was acting only under instigation by the law enforcers.

Yes, the contention of A is correct. The information failed to allege that the undue injury to B and the government was caused by the accused's manifest partiality, evident bad faith, or gross Inexcusable negligence, which are necessary elements of the offense charged, ie., violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act. The accused is employed in the Office of the Special Penal Laws District Engineer of the DPWH which has nothing to do with the determination and Anti-Carnapping Act; Carnapping w/ Homicide (1998) fixing of the price of the land expropriated, Samuel, a tricycle driver, plied his usual and for which expropriated land the route using a Honda motorcycle with a Government is legally obligated to pay. There sidecar. One evening, Raul rode on the is no allegation in the information that the sidecar, poked a knife at Samuel and land was overpriced or that the payment of instructed him to go near the bridge. Upon the amount was disadvantageous to the reaching the bridge, Raul alighted from the Government. It appears that the charge was motorcycle and suddenly stabbed Samuel solely based on the accused having followed several times until he was dead. Raul fled SUGGESTED ANSWER: up the payment for B's land which the from the scene taking the motorcycle with Raul committed the composite crime of Government has already appropriated, and him. What crime or crimes did Raul commit? Carnapping with homicide under Sec. 14 of that the accused ALTERNATIVE ANSWERS: eventually withheld for |5%] Rep. Act No. 6539, as amended, considering himself the price of a the said to land, the 1. Yes, Afrom is correct in filing motion quash that the killing "in the course or "on the amount of P4,000 for his services. No the information because Section 3(e) of occasion of a carnapping (People vs. De la violation Act of Section 3(e) of the to Anti-Graft and Republic 3019 applies only officers and Cruz, et al. 183 SCRA 763). A motorcycle is Corrupt Act At most, the accused employees ofappears. government corporations included in the definition of a "motor vehicle" should be merely charged administratively charged with the grant of licenses or permits in said Rep. Act, also known as the 'Antior other concessions, and not to DPWH, Carnapping Act of 1972'. There is no 2. A is In the case of Meforda vs. which isnot notcorrect. a government corporation. apparent motive for the killing of the tricycle Sandiganbayan. 151 SCRA 399, which driver but for Raul to be able to take the involves a substantially identical information ALTERNATIVE ANSWER: motorcycle. The fact that the tricycle driver as the Information quoted in the question, the The crime committed by Raul is carnapping, was killed brings about the penalty of Supreme Court held that the Information was punished by Section 14 of Rep. Act No. 6539. reclusion perpetua to death. valid. While it is true that the information The killing of Samuel is not a separate crime quoted In the question, failed to allege but only an aggravating circumstance. evident bad faith, gross inexcusable negligence or manifest partiality, said Anti-Graft & Corrupt Practices - RA 3019 (1997) Information Is nevertheless adequate because A is charged with the crime defined in it averred the three (3) elements for the Section 3(e) of the Anti-Graft and Corrupt violation of Section 3(c) of RA. 3012 when it Practices Act in an Information that reads: stated (1) that the accused is a public officer That from 01 to 30 January 1995, in the City of at the time the commission of the crime, and within the jurisdiction of this Honorable Court, Pasig 154. of [1990]). the accused, being then employed in the Office of being employed in the Office of the District District Engineer, Department of Public Works and the Engineer, DPWH; (2) that the accused caused undue Injury to B and the Government, with the statement that BT the owner of the land, received only P1,000.00 instead of the full value of P5,000.00; and (3)

Criminal Law Bar Examination Q & A (1994-2006)

80 of 86 81 82 83
Child Comprehensive Abuse; RA 7610 (2006) that Chief the he Inspector was not Gamboa in actual Dangerous and possession PO3 Drugs Pepito thereof Act of Eduardo Quintos, a widower for the past 10 Lorbes 2002, who conspired of the inimposable taking the penalty. attache at the regardless time he was arrested. Are the years, felt that his retirement at the age of case allegations are liable meritorious? for the following Explain. crimes (3%) SUGGESTED ANSWER: Highway Robbery (2001) 70 gave him the opportunity to engage defined under RA. 9165: a) Sec. 27 for in his A's allegations are not meritorious. Police Sgt. Diego Chan, being anot member of favorite pastime voyeurism. If using his misappropriation or failure to account for the Ownership is not an essential element of the the Theft and Robbery Division of the high-powered binoculars to peep at his confiscated or seized dangerous drugs. b) crime possession of assigned firearms and Western Police District and to the neighbor's homes and domestic activities, his Sec. 4 of in illegal relation to Sec. 3(ee) for their acts ammunition. What the law requires is merely South Harbor, Manila, was privy to and more second choice was of toDante follow sweet as protector/coddler Ong who young possession, which includes not only In addition, by allowing Ong toactual escape or less familiar with thea schedules, routes girls. One day, he trailed teenage girl up to imported drugs physical butimportation also constructive prosecution forthe illegal illegal and of movements of or container the hours LRTpossession station at EDSA-Buendia. While possession where the firearm and explosive transportation of dangerous drugs, where vans, as well the mobile police patrols, ascending the as stairs, he stayed one step are subject to one's control and the penalty is life imprisonment death, from the pier area to moment the different export behind her and in a ofto bravado, management. (People us. De Grecia, 233 SCRA they are also liable for qualified bribery processing zones outside Metro Manila. From placed his hand on her left hip and gently PD 46 U.S. & RA 6713 & Indirect Bribery (2006) 716; vs. Juan, 23 Phil. 105: People vs. Soyag, under Art. 211-A of the Revised Penal Code. time to time, he gave valuable and detailed massaged it. She screamed and shouted for Commissioner Marian Torres the of ALTERNATIVE ANSWER: With respect to Dante Ong,of he isBureau guilty of 110 Phil. 565). information on these matters to a group help. Eduardo was arrested and charged with internal Revenue (BIR) wrote solicitation The crime should be Other Acts of Child illegal importation of dangerous drugs under interested in those shipments in said acts ofaddressed lasciviousness. the designation of letters to the Filipino-Chinese Abuse under Section 10Is of RA. 7610, b Sec. 4, R.A. 9165, if PR 181 par. is an container vans. On several instances, using the crime correct? (5%) Chamber of Commerce and Industry and to of Section 3flight. that Ifrefers to ischild abuse international PR 181 a domestic the said information as multinational their basis, the gang certain CEOs of various committed any act, deeds or words which flight, he isby liable for violation of Sec. of 5, RA. hijacked and pilfered the contents the corporations requesting donations of gifts for debases, degrades or demeans the intrinsic 9165 for illegal transportation of dangerous vans. Prior to their sale to "fences" in her office Christmas party. She used Dangerous Drugs Act (6425); Marked Money worth and dignity of a child as (2000) athe human drugs. Banawe, Quezon City and Bangkal, Makati Bureau's official stationery. The response was At aboutIn 9 o'clock in the morning, a Narcom being. relation thereto, Section 10 City, the gang Informs Sgt, Chan who then prompt and overwhelming so much soacts that Group laid a plan to entrap and apprehend provides criminal liability for other of inspects the pilfered goods, makes his choice Commissioner Torres' office was overcrowded A, a long suspected drug dealer, through a child abuse, cruelty or exploitation, or for of the valuable items and disposes of time, them with rice cookers, radio sets, freezers, "buy-bust" operation. At the appointed other conditions prejudicial to the electric child's through histoasters. own sources or "fences". When B. A poseur-buyer marked P100 was handed over to A stoves and Her staff also received the approached who was development. The bill reaction of Athe victim, the highjackers were traced on one occasion P.D. 532, otherwise known as the Anti-Piracy who in turn, gave the poseur-buyer one for (1) several envelopes containing money then with screaming for help upon thecash occurrence of Dangerous and arrested, Drug Act: upon Plea-Bargaining custodial (2005) investigation, and Anti-Highway Robbery Act of 1972. Is the tea bag of marijuana leaves. The members of the employees' Christmas luncheon. Has touching indicates that she perceived SUGGESTED ANSWER: they implicated Sgt. Chan and the fiscal Obie Juan is suspected to have in his contention of Sgt. Chan valid and tenable? the team, who were then positioned behind Commissioner Torres committed her was being debased orany violated. Yes,dignity Commissioner Torres violated the as cocharged them all, including Sgt. amount Chan possession an unspecified of Explain, (5%) thick leaves, closed in but evidently were impropriety or irregularity? What laws or not following: principals. SUGGESTED ANSWER: Sgt. Chan, in his defense, claimed methamphetamine hydrochloride or shabu. swift enough since Aof and B were able to run decrees did she violate? (5%) 1. RA. Code Conduct and No, the contention of Sgt. Chan is not valid by or that he6713 should not be charged as a Ethical principal An entrapment operation was conducted away. Two days later, A was arrested in Standards for Public Officials and Employees tenable because by express provision of P.D. but only as an accessory after the fact under police officers, resulting in his arrest following connection with another incident. It appears 2. P.D. 46 Making it accept punishable for public when he solicited gifts (Sec. 532, Section 4, operations, a and person who and the discovery of 100 grams of the said that during the theknowingly police officers officials and employees to receive, and for 7[d]). in any manner, aids or protects highway dangerous drug in his possession. He were not able toto seize the marked money was but private persons give, gifts on giving any robbers/brigands, such as them subjected to a drug test and was found were able to get possession of the marijuana 3. Indirect Bribery (Art. 211, Revised Penal occasion, including Christmas. information about theofmovement ofanother police positive the subsequently use marijuana, tea bag. A was prosecuted for Code) forfor receiving gifts offered by reason of officers or acquires or receives property dangerous drug. He was subsequently violation of Section 4, Article II of Republic office. taken by brigands, or Violation who directly or charged with two otherwise crimes: of as Section Act No. 6425, known the SUGGESTED ANSWER: a) Are the charges proper? indirectly abets the commission of highway 11, Article IIDrugs of RA 9165 During for the the possession of Dangerous trial, the SUGGESTED Yes. A canANSWER: be held Act, liable. The of the Explain. robbery/brigandage, shall be absence considered as shabu and violation of Section 15, Article II marked money was not presented. Can A be No. Themoney use of dangerous drugs isin not ALTERNATIVE ANSWER: marked will not create a hiatus the accomplice of the the principal offenders and of RA 9165 for use of marijuana. (5%) held liable? Explain. (2%) No, the contention of Sgt. Chan that he committed when Obie as Juan was also found prosecution's evidence long asrules the sale of punished in accordance with the in the should be only as accessory after to have in charged his possession such quantity of the dangerous drugs is adequately proven Revised Penal Code. the fact is notsubject tenable he RA. was a any drug. (See s. 11 and 16, No. and dangerous the drug ofbecause the transaction is principal participant in the commission of the 9165) presented before the court. There was a b) So and as contract not to be sentenced to death, crime in pursuing the criminal design. perfected of sale of the drug (People An accessory after the fact involves himself in Obie Juan offers to plead guilty a vs. Ong Co, 245 SCRA 733; Peopletovs. the commission of a crime only after the Dangerous Drugs Act (6425); Plea Bargaining (1998) lesser offense. Can he do so? Why? Zervoulakos, 241 SCRA 625). SUGGESTED ANSWER: crime had already been consummated, Edgardo was charged with importation not of No. Obie Juan cannot plead guilty to a in lower before, For his criminal participation the prohibited drugs in an information filed with offense asofitthe is highjacking prohibited under law. execution of the the container the Regional Trial Court of Kalookan City on (Section 23, RA. No. 9165) Any person vans, is a is co-principal by June 4, Sgt. 1994. Chan The offense punishable by charged any of this Act indispensable cooperation. reclusion under perpetua to provision death. Can Edgardo regardless of the penalty shall not Illegal - PD 704imposable (1996) [2%] SUGGESTED ANSWER: avail Fishing of plea-bargaining? be allowed tocannot avail of the of provision No, Edgardo avail plea-bargaining Upon a laboratory examination of on thepleafish Dangerous Drugs Act (1998) andpenalty bargaining. because the imposable his seized by the police agents for of the Superintendent Santiago, Chief of(R.A. the violation of the Al Dangerous Drugs Act Fisheries Commission, it was indubitably Narcotics Division, Western Police District, No. 6425. as amended) is reclusion perpetua determined that the fish they were selling received information that a certain Lee Lay to death. Section 20-A expressly provides were caught with the use of explosives. of-No. 8 Tindalo Street, Tondo, that plea-bargaining shall not be allowed Accordingly, the three vendors were where the charged imposable criminally with the violation

of Section that Manila penalty in the is for a33 discharge member the ofviolation P.D.of 704 of the A's of which 14K said official Gang makes law isselling it administrative shabu reclusion unlawful and for perpetua marijuana. any functions, person to death. SPOl to he knowingly Lorenzo "did (Sec. then 20-A, and and R.A. SPO3 there Peralta No. possess, 6425, willfully were deal as amended). instructed in, and or unlawfully sell for to conduct profit work any forfish and Dangerous Drugs Act;buy-bust Consummation of Sale (1996) facilitate surveillance which have the been and approval illegally of his caught. operations claim During xxx against and the Pat. Buensuceso, posing as a buyer, "willfully Lay. trial, Their the and three informant unlawfully vendors contacted claimed appropriate Lay that and for they a 2:00 in the afternoon on 1993. approached Ronnie, a suspected drug himself meeting bought the the was fish balance arranged fromof a P4,000.00 fishing atFebruary T. Pinpin boat x14, Restaurant which x x". An SPO1 Lorenzo and SPO3 Peralta, acting as pusher, and offered to buy P300 worth of information at they duly identified. need not The employ prosecution or use the very poseur-buyers, purchased from Lay 10 sticks shabu. Ronnie then left, came back five words or however claimed language that of the the statute. three vendors It may also Anti-Hazing law RA 8049 (2002) of marijuana and paid P500. Later, Lay minutes later and handed Pat, Buensuceso use words should nevertheless or language be of held similar liable import. for the What agreed is to hazing sell towere them as defined one kilo by of law? dried an aluminum foil containing the shabu. offense as they the ones caught in SUGGESTED ANSWER: (2%) marijuanabefore fruiting tops which he gave However, Buensuceso was them able to possession of thePat, fish illegally caught. On the Hazing, as ANSWER: defined by law, is initiation SUGGESTED at his of residence. deliver the marked money toan Ronnie, the rite basis the above facts, if you were the No, Ipolicemen would as not convict the three fish vendors or practice aarrested prerequisite for admission The Lay and a search latter spotted a policeman at a distance, judge, would you convict the three fish if I were the judge. Mere possession of such into membership in a or was conducted. Found were 356 sorority grams of whom Ronnie knew tofraternity, be connected with the vendors? Explain. fish without knowledge of the fact that the organization by placing the recruit, neophyte marijuana seeds, 932 grams of marijuana Narcotics Command of the Police. Upon same were caught with the use of explosives or applicant in some embarrassing or was fruiting tops and 50 sticks of marijuana seeing the latter, Ronnie ran away but does not by itself render the seller-possessor humiliating situations such as forcing him to cigarettes. What offense or offenses did Lay arrested thirty minutes later by other SUGGESTED ANSWER: criminally liable under P.D. 704. Although the do menial, silly, foolish and similar tasks or commit? [5%] policemen who the pursued him.of Under the Lay committed offenses illegal selling SUGGESTED ANSWER: act penalized in said Decree may be a malum activities or otherwise subjecting him to circumstances, would you consider the crime Yes, the sale of prohibited drug is already of dangerous drugs and illegal possession of prohibitum, the law punishes the possession, physical or psychological suffering or injury. of sale of a prohibited drug already consummated although the marked money dangerous drugs which should be made What does the law require before dealing in or selling of such fish only when consummated? Explain. was not of yet delivered. When Ronnie handed subject separate informations. initiation rites may be performed? (3%) "knowingly" done that the fish were caught SUGGESTED ANSWER: The crime of illegal selling of dangerous the aluminum foil containing the shabu to with the use of explosives; hence criminal Section 2 of Rep. pursuant Act No. 8049 (Anti-Hazing drugs is committed as regards the 10 sticks Pat. Buensuceso to their agreed intent is essential. The claim by the fish Law) requires that before hazing or Payment initiation of marijuana and as regards the one (1) kilo sale, the crime was consummated. vendors that they only bought the fish from rites may be performed, notice to the school of dried marijuana fruiting tops, which should the consideration is not an element of fishing boats which they "duly identified", authorities or head ofseparate organizations shall be be subject two (2) informations requisite ofof the crime. If ever, the marked renders their possession of such fish innocent given seven (7) days before conduct of because acts were committed at different money isthe only evidentiary to the strengthen the unless the prosecution could prove that they Illegal of Firearms Intent RA 8294 (1998) Dangerous Drugs Act; Criminal to Posses (2002) such Possession rites. The written notice shall indicate times and in different places. case of the prosecution. have knowledge that explosives were used in (3) days; (b) the of those to be The crime of Illegal possession of dangerous Supposing a public teacher A and his fiancee B school were walking in the plaza (a) the period of names the initiation activities, not catching such fish, and the accused had subjected to such activities, and (c) an drugs is committed as d'etat regards the marijuana participated in a using an when they met a coup group of policemen who exceeding three knowledge thereof. undertaking that tipped no physical violence shall seeds, marijuana fruiting tops and marijuana unlicensed firearm. What crime orwas crimes had earlier been off that A in did SUGGESTED ANSWER: be commit? employed by anybody during such cigarettes which are not the subject of the he [2%] possession of prohibited drugs. Upon seeing CHILD ABUSE; RA 7610 (2004) The public school teacher committed only initiation rites. sale. Another information shall filed for the policemen and sensing thatbe they were Mrs. MNA was charged of child abuse. It His coup d'etat his participation therein. this. after him, A for handed a sachet containing appears from the evidence that she to use of to an unlicensed firearm is absorbed Dangerous Drugs Act (2006) shabu his fiancee B, telling her to failed hide in it in give immediately the required medical the coup d'etat under the new firearms law After receiving reliable information that her handbag. The policemen saw B placing attention to her adopted child, BPO, when he (Rep. Act No. 8294). prosecution illegal Dante Ong, a notorious drug smuggler, was the sachet inside herA handbag. If B for was was accidentally bumped by her car, possession of firearm under the new law is arriving on PAL Flight NO. PR 181, PNP Chief unaware that A was a drug user or pusher or SUGGESTED ANSWER: resulting in his head injuries and impaired allowed only if inside the unlicensed firearm was Inspector Samuel Gamboa formed a group of that what was the sachet given to her No, B will not be criminally liable because she vision that could lead to Ong night blindness. The not used in the commission of another crime. anti-drug agents. When arrived at the was shabu, is she nonetheless liable under Illegal Possession ofA Firearms Ammunitions (2000) is unaware that was a& drug user or pusher accused, according toAct? the social worker on his airport, the group arrested him and seized the Dangerous Drugs (5%) A has long been wanted by the police or of the content of the sachet handed to the case, used to whip him when he failed to attache case. Upon inspection inside the her authorities for various crimes by A, and therefore criminal intent to come home on timethe from school. Also, case to by Immigration holding area, the committed attache him. Acting on an information by a tipster, possess the drug in violation of the punish him for carelessness in washing yielded 5 plastic bags of heroin weighing 500 She moved to quash the charge on thewhere the police proceeded to an apartment Dangerous Drugs Act is absent. There would dishes, Chief she sometimes sent him took to bed grams. Inspector Gamboa the ground that there is no evidence she A was often seen. The tipster also warned the be no basis to impute criminal liability to her without supper. attache case and boarded him in an maltreated her of adopted child habitually. She policemen that A was always armed. At the in the absence animus possidendi. unmarked car Act; driven by PO3 Pepito Dangerous Drugs Plea-Bargaining (2004) Lorbes. addedaddress, that the a accident was caused by her given lady who introduced On the way to Camp Crame and upon herself nearing MNO, who is sister 30 years old, was charged as a driver's negligence. She did punish her ward as the elder of A, opened the door and White Plains corner EDSA, Chief Inspector drug pusher under the Comprehensive for naughtiness or carelessness, but only let the policemen in inside, the team found A Gamboa ordered PO3 Lorbes to stop the car. SUGGESTED ANSWER: Dangerous Drugs Actmeritorious? of 2002. During premildly. Is on her motion Reason sleeping the floor. Immediately beside him They brought out the drugs from in No, the motion to quash is not meritorious. It trial, he offered to plead guilty to the the case lesser briefly. (5%) was a clutch bag which, when opened, the trunk and got 3 plastic sacks of heroin. is not necessary that movant's maltreatment offense concerning use paltik of dangerous drugs. contained a .38Ong caliber revolver and a They then told to alight from the car. of a child be "habitual" to constitute child Should the Judge allow MNO's plea to the hand grenade. After verification, the Ong left with the 2 remaining plastic sacks of SUGGESTED ANSWER: abuse. The wrongful acts penalized as "Child lesser offense? Explain briefly. (5%) authorities discovered that A was not a heroin. No, the Chief Judge Inspector should not Gamboa allow MNO's advised plea him to Abuse" under Rep. Act No. 7610 refers to the licensed holder of the .38 plea-bargaining caliber a lesser offense, because in to keep silent and gochild, home whichpaltik the latter maltreatment of the "whether habitual revolver. As for the hand grenade, it was did. prosecutions Unknown of to drug-related them, an NBI cases team is of no agents or not": this is expressly stated in Sec. 2(b) of established that only military personnel are longer allowed by Rep. Act No. 9165, had been following them and witnessed the SUGGESTED ANSWER: the said Law. Mrs. MNA should be liable for authorized to carry hand grenades. transaction. child abuse. They arrested Chief Inspector Subsequently, A was charged with theanother crime Gamboa and PO3 Lorbes. Meanwhile, of Illegal Possession of Firearms and NBI team followed Ong and likewise arrested Ammunition. During trial, Acharged. maintained that him. All of them were later What are the bag containing the unlicensed firearm their respective criminal liabilities? (5%) and hand grenade belonged to A, his friend, and

Criminal Law Bar Examination Q & A (1994-2006)

84 of 86

PD 46 (1997) A, who is the private complainant in a murder case pending before a Regional Trial Court Judge, gave a judge a Christmas gift, consisting of big basket of assorted canned goods and bottles of expensive wines, easily worth P10.000.00. The judge accepted the gift knowing it came from A. What crime or SUGGESTED ANSWER: crimes, if any, were committed? The Judge committed the crime of Indirect bribery under Art. 211 of the Revised Penal Code. The gift was offered to the Judge by reason of his office. In addition, the Judge will be liable for the violation of P.D. 46 which punishes the receiving of gifts by pubic officials and employees on occasions like Plunder under RA 7080; Prescriptive Period (1993) Christmas. Through kickbacks, percentages or commissions and other fraudulent schemes /conveyances and taking advantage of his position, Andy, a former mayor of a suburban town, acquired assets amounting to P10 billion which is grossly disproportionate to his lawful income. Due to his influence and connections and despite knowledge by the (20) years from his defeat in the last authorities of his Ill-gotten wealth, he was elections he participated in. 1) May Andy still charged with the crime of plunder only after be held criminally liable? Why? 2) Can the twenty State still recover the properties and assets that he illegally acquired, the bulk of which is in the name of his wife and children? Reason SUGGESTED ANSWER: out. 1) Andy will not be criminally liable because Section 6 of RA 7080 provides that the crime punishable under this Act shall prescribe in twenty years and the problem asked whether Andy can still be charged with the crime of plunder after 20 years. 2) Yes, because Section 6 provides that recovery of properties unlawfully acquired by public officers from them or their nominees or transferees shall not be barred by prescription, laches or estoppel. R.A. No. 9160 Anti-Money Laundering Act (2005) Don Gabito, a philanthropist, offered to fund several projects of the Mayor. He opened an account in the Mayors name and regularly deposited various amounts ranging from P500,000.00 to P1 Million. From this account, the Mayor withdrew and used the money for constructing feeder roads, barangay clinics, repairing schools and for all other municipal projects. It was subsequently discovered that Don Gabito was actually a jueteng operator and the amounts he deposited were proceeds from his jueteng operations. What SUGGESTED ANSWER: crime/s committed? Who areAct criminally Don Gabitowere violated the Anti-Money Laundering (Sec. 4, liable? Explain. (6%) transacting money R.A. No. 9160) for knowingly

as property which involves or relates to the proceeds of an unlawful activity such as jueteng. In addition, he may be prosecuted for liability as ajueteng operator. (R.A. No. 9287)

The mayor who allowed the opening of an account in his name is likewise guilty for violation of the AMLA. He, knowing that the money instrument or property involves the proceeds of an unlawful activity, performs or fails to perform any act which results in the facilitation of money laundering. Ra 3019; Preventive Suspension (1999) A public officer was accused before the Sandiganbayan of a violation of Section 3 (e) of RA No. 3019, the Anti-Graft and Corrupt Practices Act. Just after arraignment and even before evidence was presented, the Sandiganbayan issued an order for his suspension pendente lite. The accused questioned the said Order contending that it is violative of the constitutional provision (c) What pre-conditions necessary to be against an ex post facto are law. Will you sustain met or satisfied before preventive the objection of the accused? Why? [2%] suspension may be ordered? (2%)
SUGGESTED ANSWER:

(b) No, I will not sustain the objection of the accused. Suspension of the accused pendente lite is not violative of the constitutional provision against ex-post facto law. Ex-post facto law means making an (c) The pre-conditions necessary to be met or innocent act a crime before it is made satisfied before a suspension may be ordered punishable. are: (1) there must be proper notice requiring the accused to show cause at a specific date of hearing why he should not be ordered suspended from office pursuant to RA 3019, as amended; and (2) there must be a determination of a valid information against PD 46 (1994) the accused that warrants his suspension. Gino was appointed Collector of Customs and was assigned at the Ninoy Aquino International Airport, Gerry, an importer, hosted a dinner for 100 persons at the Westin Philippine Plaza in honor of Gino. What are the offense or offenses committed SUGGESTED ANSWER: by Gino and Gerry? Both Gino and Gerry are liable for violation of Presidential Decree No. 46, which punishes any public official or employee who receives, directly or indirectly, and for private persons who give, offer any gift, present or valuable thing on any occasion, including Christmas, when such gift or valuable thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors, or the giver hopes or expects to receive a favor or better treatment in the future. Being an importer, Gerry reasonably expects future favor from Gino. Included within the prohibition is the throwing of parties or entertainment in honor of the official or employee or of his immediate relatives.

Criminal Law Examination Q & A (1994-2006) Criminal Law Bar Examination Q &Bar A (1994-2006)

86 of 86

85 of 86

cooperate be presumed with innocent. one another Under in the carrying law, theout accused the illegal public transaction, officers scheme shall be or suspended activity. from office while the criminal prosecution is RA 7610 Child Exploitation pending in court (Sec. (2006) 13, RA. 3019). Such Aling Maria suspension received an telephone call preventive isurgent mandatory to from Junior, her eldest son, asking prevent the accused from hampering the for P2,000.00 to complete his semestral tuition normal course of the investigation (Rios vs. fees preparatory to his final exams in Sandiganbayan,279 SCRA 581 (1997); Bunye Commerce. Distressed and disturbed, she vs. Escareal 226 SCRA 332 (1993)). Neither is borrowed money her compadre there merit in Bradfrom Kit's claim that the Mang Juan with on the assurancependente to pay him 2 provision suspension litewithin applies months. Two months lapsed but Maria only to elective officials and not toAling appointed failed to settle her obligation. Mang officials Juan told ones like him. It applies to all public Aling Maria that she does not have to pay the Indicted upon a valid information under RA. loan if shewhether will allow her be youngest 10-year No. 3019, they appointive or old daughter Annie to work as a housemaid in his elective officials; or permanent or temporary house for 2or months at to Pl,000.00 a month. employees, pertaining the career or RA 3019; Officer committed (2003) 1. WasPublic a crime by Mang Juan Despite Aling Maria's objection, Mang Juan noncareer service (Segovia vs. The Central Bank (Bangko ng as maid when he brought Annie to Sentral his house insisted and brought Annie to his house to Sandiganbayan, 288 SCRAof 328 [1998]). Pilipinas}, by a resolution the monetary for the purpose of repaying her mother's work as a maid. SUGGESTED ANSWER: board, hires Theof Sto Tomas, a retired loan? (2.5%) Yes. Mang Juan committed the crime of manager of a leading bank as a consultant. exploitation of child labor which Theof later receives a valuable gift from a is committed any persons who under the bank under by investigation by the Central pretext of Theof reimbursing himself of a debt Bank. May be prosecuted under incurred by No. an3019 ascendant, guardian or Republic Act (Anti-Graft and SUGGESTED ANSWER: with the custody of a person entrusted Corrupt Practices Act) for accepting such a No, Theof may not bethe prosecuted under Rep. minor, shall, against latter's will, retainh gift? Explain. 8% Act in 3019, may be prosecuted for Penal im his but service (Art. 273, Revised violation ofcan Pres, Decree No. 46, under which Code). He also be liable as an employer such act of receivingof a valuable gift is 15 yrs. for the employment a minor below 2. If under Aling Maria herself was made to work as punished. old, Sec. 12, Art. 8 of RA. 7610. Although Theof is Mang a "public officer" within the a housemaid in Juan's household to application of did thehe Anti-Graft Corrupt pay her loan, commit and a crime? (2.5%) SUGGESTED ANSWER: Practices Act (RA 3019), yet his act of Yes. Mang Juan the to crime receiving such gift committed does not appear be of involuntary servitude for rendering services included among the punishable acts under under compulsion of debts. Rep. Act 3019 since and he is payment not to intervene in This is committed by any person who, in his official capacity in the investigation of the order to require or enforce the payment of a bank which gave the gift. Penal laws must be ALTERNATIVE ANSWER debt, shall compel the debtor to work for strictly construed against the State. In any Yes, Theof may be prosecuted under Rep. Act him, his will, as household servant or case,against Theof is administratively liable. 3019 laborer because he is a "public officer" farm (Art. 274, Revised Penal within Code) the purview of said law, and Theof received the valuable gift from a bank which is under investigation by the Central Bank where he is employed as a "public officer". Receiving gift, directly or indirectly by a public officer from a party who has a transaction with the Government is wrong, more so when the giftgiver is under investigation by the government office to which the public officer Ra 6713; Coverage (2001) is connected. Robert Sy, a well known businessman and a founding member of the Makati Business Club, aside from being a classmate of the newly-elected President of the Philippines, had Investments consisting of shares of stocks in the Urban Bank, the PNB, the Rural Bank of Caloocan City and his privatelyowned corporation, the RS Builders Corporation and Trans-Pacific Air. After the

President had taken his oath and assumed his office, he appointed Robert as Honorary Consul to the Republic of Vietnam. Robert took his oath before the President and after furnishing the Department of Foreign Affairs with his appointment papers, flew to Saigon, now Ho Chi Min City, where he organized his staff, put up an office and stayed there for three months attending to trade opportunities and relations with local businessman. On the fourth month, he returned to the Philippines to make his report to the President. However, the Anti-Graft League of the Philippines filed a complaint against Robert for (1) falling to file his Statement of Assets and Liabilities within thirty (30) days from assumption of office; (2) failing to resign from his businesses, and (3) falling to divest his shares and investments in SUGGESTED ANSWER: the banks and corporations owned by him, The complaint will not prosper because the as required by the Code of Conduct and Ethical Code of Conduct and Ethical Standards for Standards for Public Officials and Employees. Public Officials and Employees (Rep. Act. No. Will the complaint prosper? Explain. 6713), expressly exempts those who(5%) serve the Government in an honorary capacity from filing Statements of Assets and Liabilities, and from resigning and divesting ALTERNATIVE themselves ANSWER: of interest from any private Yes, the complaint will prosper under Sec. 7 enterprise (Secs. 8A and 9). of the Anti-Graft and Corrupt Practices Act (Rep. Act No. 3019, as amended], which requires all public officers within 30 days from assuming public office to file a true, detailed sworn statement of assets and liabilities. Violations of this law are mala RA 7438-Economic Illegal prohibita whichSabotage; admits of no Recruitment excuses. (2004) RR represented to AA, BB, CC and DD that she could send them to London to work there as sales ladies and waitresses. She collected and received from them various amounts of RA 3019; Preventive money for recruitment Suspension and (2000) placement fees totalling their dates A monthP400,000. after theAfter arraignment ofof Brad Kit departure wereof postponed several times, Commissioner the Housing and Land the Use four prospects got suspicious and went to with Regulatory Board, who was charged POEA (Phil. Authority). violation of Overseas Section 3 Employment (h) of Republic Act 3019 There they found out that RR was not [Anti-Graft and Corrupt Practices Act) before authorized nor licensed to recruit for the Sandiganbayan, the Office ofworkers the Special SUGGESTED ANSWER: employment abroad. They sought refund to Prosecutor filed a Motion to Suspend Accused Yes. RR is guilty of a grave offense, having no avail. Is RR guilty of any offense? Pendente Lite pursuant to grave Section 13 of the engaged in illegal recruitment constituting Explain briefly. (5%) Anti-Graft Law. The Court granted the motion the offense of economic sabotage which is and suspended accused Brad Kit for a punishable with life imprisonment and a period fine of 90 days. Accused assailed the of P100.000.00. constitutional validity of the suspension order ECONOMIC SABOTAGE is an offense defined on the ground that Code, it partakes of a penalty in 38(b) of the Labor as amended by before Judgment of conviction is reached and Pres. Decree No. 2018, which is incurred is thus violative of his constitutional right when the illegal recruitment is carried out in to be presumed innocent. He also claimed that large scale or by a syndicate. It is in a large SUGGESTED ANSWER: this suspension provision of the law on suspension scale when there are three or more The order does not partake of a pendente lite only to elective officials aggrieved parties, or of asBrad a group. penalty and is applies thusindividually not violative Kit's and it not appointed like him. Rule with And is to committed byones a syndicate when constitutional right to reasons. (5%) persons conspire or three or more