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CRIMINAL LAW
Bar Examinations and its trend. It is specially intended for law students from
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(1994 – 2006)
We would like to seek the indulgence of the reader for some Bar Questions
which are improperly classified under a topic and for some topics which are
improperly or ignorantly phrased, for the authors are just Bar Reviewees who
have prepared this work while reviewing for the Bar Exams under time
Version 1973 – 2003
Edited and Arranged
constraints and within their limited knowledge of the law. We would like to
by:
Janette Laggui-Icao and
seek the reader’s indulgenceAlex
for a Andrew
lot of typographical
P. Icao errors in this work.
(Silliman University College of Law)

The Authors
Updated by:
July 26, 2005
Dondee
ReTake BarOps 2007
Updated by;
July 3, 2007
From the ANSWERS TO BAR EXAMINATION QUESTIONS IN
CRIMINAL LAW by the UP LAW COMPLEX and PHILIPPINE
ASSOCIATION OF LAW SCHOOLS

July 3, 2007
Criminal Law Bar Examination Q & A (1994-2006) 3 of 86

Table of Contents
GENERAL PRINCIPLES...............................................................................................................10
General Principles; Schools of thought in Criminal Law (1996)
............................................................................................10 General Principles; Territoriality (1994)
.............................................................................................................................10 General Principles;
Territoriality; Jurisdiction over Vessel (2000) .........................................................................................10
Use of Aliases; When Allowed (2006)
FELONIES........................................................................................................................................10
...............................................................................................................................10
Conspiracy (1997)
..........................................................................................................................................................10 Conspiracy;
Avoidance of Greater Evil (2004)....................................................................................................................11
Conspiracy; Co-Conspirator (1998)
..................................................................................................................................11 Conspiracy; Common
Felonious Purpose (1994) ...............................................................................................................11
Conspiracy; Complex Crime with Rape
(1996)...................................................................................................................11 Conspiracy; Flight to
Evade Apprehension (2003)..............................................................................................................12
Conspiracy; Flight to Evade Apprehension
(2003)..............................................................................................................12 Conspiracy; Implied
Conspiracy (1998).............................................................................................................................13
Conspiracy; Implied Conspiracy; Effects (2003)
.................................................................................................................13 Criminal Liability: Destructive
Arson (2000) .......................................................................................................................13 Criminal Liability:
Felonious Act of Scaring (1996)..............................................................................................................13
Criminal Liability: Felonious Act; Proximate Cause
(1996)...................................................................................................13 Criminal Liability: Impossible
Crimes (2000) ......................................................................................................................14 Criminal
Liability; Felonious Act of Scaring
(2001)..............................................................................................................14 Criminal Liability; Felonious
Act of Scaring (2005)..............................................................................................................14 Criminal
Liability; Felonious Act; Immediate Cause (2003)
..................................................................................................14 Criminal Liability; Felonious Act;
Proximate Cause (1994)...................................................................................................15 Criminal
Liability; Felonious Act; Proximate Cause
(1997)...................................................................................................15 Criminal Liability; Felonious Act;
Proximate Cause (1999)...................................................................................................15 Criminal
Liability; Felonious Act; Proximate Cause
(2001)...................................................................................................15 Criminal Liability; Felonious Act;
Proximate Cause (2004)...................................................................................................16 Criminal
Liability; Impossible Crime (2004)
........................................................................................................................16 Criminal Liability; Impossible
Crimes (1994) ......................................................................................................................16 Criminal
Liability; Impossible Crimes;
JUSTIFYING & EXEMPTING CIRCUMSTANCES ...................................................................19 Kidnapping (2000)
....................................................................................................17 Mala in Se vs. Mala Prohibita (1997)
Exempting Circumstances;
................................................................................................................................17 Mala in Se vs. Coverage Mala
(2000).....................................................................................................................19
Prohibita (1999) ................................................................................................................................17 Exempting
Mala in
Circumstances;
Se vs. Mala Prohibita Minority
(2001)
(1998)........................................................................................................................19 Exempting;
................................................................................................................................17 Mala in Se vs. Mala Minority; 11
yrs Old; Absence of Discernment (2000) ........................................................................................19
Prohibita (2003) ................................................................................................................................17 Mala
Justifying
Prohibita; vs.Actual Exempting Injury Circumstances
Required (2004)
(2000)
.................................................................................................................20 Justifying;
....................................................................................................................18 Malum in Se vs. Malum Defense of Honor;
Requisites
Prohibitum (2005) (2002).................................................................................................................20 Justifying;
........................................................................................................................18 Motive vs.
Defense of Stranger (2002) ..............................................................................................................................20
Intent (1996) ...................................................................................................................................................18
Justifying;
Motive Fulfillment vs. of Duty; Intent Requisites (2000)
(1999)
................................................................................................................20 Justifying; SD; Defense
...................................................................................................................................................18 Motive of vs.Honor;
Intent
Requisites (1998) ..........................................................................................................21 Justifying; Defense
(2004) ...................................................................................................................................................19 Motive;
of
ProofHonor; Elements thereof; (2000) Not ..................................................................................................................21
Essential; Conviction (2006)
Justifying; SD; Defense of
......................................................................................................19 Property; Requisites (1996)
.......................................................................................................21 Justifying; SD; Defense of Property;
Requisites (2003) .......................................................................................................21
Criminal Law Bar Examination Q & A (1994-2006) 4 of 86
Qualifying; Elements of a Crime
(2003).............................................................................................................................22
MITIGATING CIRCUMSTANCES................................................................................................22
Mitigating; Non-Intoxication (2000)
...................................................................................................................................22 Mitigating; Plea of Guilty
(1999)........................................................................................................................................22 Mitigating; Plea
of Guilty; Requisites (1999).......................................................................................................................22
Mitigating; Plea of Guilty; Voluntary Surrender
(1997).........................................................................................................22 Mitigating; Voluntary Surrender
(1996)..............................................................................................................................23 Mitigating; Voluntary
AGGRAVATING
Surrender; Elements CIRCUMSTANCES .........................................................................................23
(1999) ..............................................................................................................23
Aggravating Circumstances
(1996)...................................................................................................................................23 Aggravating
Circumstances; Generis vs. Qualifying (1999)
.................................................................................................24 Aggravating Circumstances; Kinds &
Penalties (1999)........................................................................................................24 Aggravating; Cruelty;
Relationship (1994) .........................................................................................................................24
Aggravating; Must be alleged in the information
(2000).......................................................................................................24 Aggravating; Nighttime; Band
(1994) ................................................................................................................................24 Aggravating;
Recidivism (2001)........................................................................................................................................24
ALTERNATIVE
Aggravating;
CIRCUMSTANCES Recidivism
...........................................................................................25
vs. Quasi-Recidivism (1998)
........................................................................................................25
Alternative Circumstances; Aggravating; Treachery & Unlawful Intoxication
Entry (1997)................................................................................................................25
(2002)...................................................................................................................25
PERSONS CRIMINALLY LIABLE FOR FELONIES................................................................25
Anti-Fencing Law; Fencing (1996)
....................................................................................................................................25 Anti-Fencing Law;
Fencing vs. Theft or Robbery (1995)......................................................................................................26
Anti-Fencing Law; Fencing; Elements
(1995).....................................................................................................................26 Criminal Liability;
Accessories & Fence (1998)...................................................................................................................26
Criminal Liability; Non-Exemption as Accessory (2004)
......................................................................................................26 Criminal Liability; Principal by Direct
Participation; Co-Principal by Indispensable Cooperation (2000).....................................27 Criminal
Liability; Principal by Inducement (2002)
PENALTIES .....................................................................................................................................27
..............................................................................................................27 Criminal Liability; Principal;
Inducement
Complex & Participation
Crime (1994) vs. ............................................................................................27
Compound Crime
Destructive Arson
(2004).....................................................................................................................27 Complex Crime(1994) vs.
.................................................................................................................................................27
Special Complex Crime vs. Delito Continuado (2005) ............................................................................28
Complex Crime; Aberratio ictus vs. error in personae
(1994)...............................................................................................28 Complex Crime; Aberratio Ictus,
Error In Personae & Praeter Intentionem (1999) .................................................................28 Complex
Crime; Aberratio Ictus; Attempted Murder with Homicide (2000)
............................................................................28 Complex Crime; Doctrine of Aberratio Ictus; Not
Applicable (1996) ......................................................................................29 Complex Crimes; Coup d’etat
& rebellion & sedition (2003).................................................................................................29 Complex
Crimes; Determination of the Crime
(1999)..........................................................................................................29 Complex Crimes; Nature &
Penalty Involved (1999) ...........................................................................................................30 Complex
Crimes; Ordinary Complex Crime vs. Special Complex Crime (2003)
.....................................................................30 Continuing Offense vs. Delito Continuado (1994)
...............................................................................................................30 Death Penalty (2004)
......................................................................................................................................................30 Death Penalty;
Qualified Rape; Requisites (2004)..............................................................................................................31
Habitual Delinquency & Recidivism (2001)
........................................................................................................................31 Indeterminate Sentence Law
(1994) .................................................................................................................................31 Indeterminate
Sentence Law (1999) .................................................................................................................................32
Indeterminate Sentence Law (1999)
.................................................................................................................................32 Indeterminate Sentence
Law (2002) .................................................................................................................................32 Indeterminate
Sentence Law (2005) .................................................................................................................................32
Indeterminate Sentence Law; Exceptions (1999)
...............................................................................................................32 Indeterminate Sentence Law;
Exceptions (2003) ...............................................................................................................33
Criminal Law Bar Examination Q & A (1994-2006) 5 of 86
Penalties: Fine or Imprisonment vs. Subsidiary Imprisonment
(2005)...................................................................................33 Penalties: Pecuniary Penalties vs.
Pecuniary Liabilities (2005) ............................................................................................33 Penalties;
Complex Crime of Estafa (1997)
.......................................................................................................................33 Penalties; Factors to Consider
(1991) ...............................................................................................................................33 Penalties; Homicide
w/ Modifying Circumstance (1995) ......................................................................................................34
Penalties; Mitigating Circumstances w/out Aggravating Circumstance (1997)
.......................................................................34 Penalties; Parricide w/ Mitigating Circumstance
(1997).......................................................................................................34 Penalties; Preventive
Imprisonment (1994) .......................................................................................................................34
Penalties; Reclusion Perpetua (RA) No. 7959 (2005)
.........................................................................................................35 Penalties; Reclusion Perpetua vs. Life
Imprisonment (1994) ...............................................................................................35 Penalties; Reclusion
Perpetua vs. Life Imprisonment (2001) ...............................................................................................35
Probation Law: Proper Period (2005)
................................................................................................................................35 Probation Law; Barred by
Appeal (1994)...........................................................................................................................35 Probation Law;
Barred by Appeal (2001)...........................................................................................................................36
Probation Law; Maximum Term vs. Total Term
(1997)........................................................................................................36 Probation Law; Order Denying
Probation; Not Appealable (2002) ........................................................................................36 Probation
Law;
EXTINCTION Period Covered OF CRIMINAL (2004) .............................................................................................................................36
LIABILITY....................................................................................38
Probation Law; Right; Barred by Appeal (1995)
Amnesty vs. PD
.................................................................................................................36 Probation 1160 Law; Right; Barred (2006) by
...........................................................................................................................................38
Appeal (2003) .................................................................................................................37 Amnesty;
Suspension Crimes of
Covered
Sentence; Adults/Minors (2006).....................................................................................................................................38
(2006)..................................................................................................................37
Extinction;
Suspension Criminal & Civil Liabilities; of Effects; DeathSentence; of accused pending appeal (2004) Minors
........................................................38 Extinction; Criminal & Civil Liabilities; Effects;
(2003)............................................................................................................................37 Suspension Death of
Offended
Sentence; Youthful Party Offender (2000)......................................................................38 Pardon vs. Amnesty
(1995) ............................................................................................................38
(2006)..............................................................................................................................................39 Pardon;
Effect; Civil Interdiction (2004)
.............................................................................................................................39 Pardon; Effect;
Reinstatement (1994) ...............................................................................................................................39
Prescription of Crimes; Bigamy (1995)
..............................................................................................................................40 Prescription of Crimes;
Commencement (2000) .................................................................................................................40
Prescription of Crimes; Commencement (2004)
CIVIL LIABILITY .............................................................................................................................41
.................................................................................................................40 Prescription of Crimes;
Concubinage
Civil liability;(2001)......................................................................................................................40
Effect of Acquittal
Prescription of Crimes; False Testimony
(2000)...............................................................................................................................41 Civil liability; (1994) Effect
.................................................................................................................41
of Prescription of Crimes; Simple
Acquittal (2000)...............................................................................................................................41 Civil
Slander (1997)...................................................................................................................41
Liability; Subsidiary; Employers
(1998).......................................................................................................................42 Civil Liability; When
Mandatory; Criminal Liability (2005).....................................................................................................42
CRIMES
Damages;AGAINST NATIONAL Homicide; SECURITY AND THE LAW OF Damages
Temperate NATIONS.......................42 (2006)
.............................................................................................................42
Piracy in the High Seas & Qualified Piracy (2006)
.............................................................................................................42
CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE........................................43
Violation of Domicile vs. Trespass to Dwelling (2002)
.........................................................................................................43
CRIMES AGAINST PUBLIC ORDER .........................................................................................43
Art 134; Rebellion; Politically Motivated; Committed by NPA Members (1998)
......................................................................43 Art 134-A: Coup d’ etat & Rape; Frustrated (2005)
.............................................................................................................44 Art 134-A; Coup d’etat (2002)
..........................................................................................................................................44 Art 134-A; Coup
d’etat; New Firearms Law (1998)..............................................................................................................44
Art 136; Conspiracy to Commit Rebellion
(1994)................................................................................................................44
Criminal Law Bar Examination Q & A (1994-2006) 6 of 86
Art 148; Direct Assault vs. Resistance & Disobedience (2001)
............................................................................................44 Art 148; Direct Assault; Teachers &
Professors (2002) .......................................................................................................45 Art 148; Persons in
Authority/Agents of Persons in Authority (2000).....................................................................................45
Art 156; Delivery of Prisoners from Jail (2002)
...................................................................................................................45 Art 157; Evasion of Service of
Sentence (1998) .................................................................................................................46 Art. 134;
Rebellion vs. Coup d'etat (2004)
CRIMES AGAINST PUBLIC INTEREST....................................................................................47
........................................................................................................................46 Complex Crime; Direct Assault
with murder (2000) Notes;
False ............................................................................................................46
Illegal Possession (1999)
.............................................................................................................................47 False Testimony
(1994)...................................................................................................................................................47
Falsification; Presumption of Falsification
(1999)................................................................................................................47 Forgery & Falsification
(1999) ..........................................................................................................................................47 Grave
Scandal (1996) .....................................................................................................................................................48
Perjury (1996)
................................................................................................................................................................48 Perjury
CRIMES
(1997)
COMMITTED BY PUBLIC OFFICERS.......................................................................49
................................................................................................................................................................48
Perjury
Bribery & Corruption of Public Official (2005)
(2001)
................................................................................................................................................................49
.....................................................................................................................49 Direct Bribery: Infidelity in the
Custody of Documents (2005) ..............................................................................................49 Jurisdiction;
Impeachable Public Officers (2006)
................................................................................................................50 Malversation (1994)
........................................................................................................................................................50 Malversation
(1999) ........................................................................................................................................................50
Malversation (1999)
........................................................................................................................................................50 Malversation
(2001) ........................................................................................................................................................50
Malversation (2006)
........................................................................................................................................................51 Malversation
Complex Crime; Homicide w/ Assault-Authority (1995)
vs. Estafa (1999) .........................................................................................................................................51
.......................................................................................................53 Complex Crime; Parricide w/
Malversation; Properties; Custodia Legis (2001)
unintentional abortion (1994) .................................................................................................53 Criminal
................................................................................................................52 Malversation; Technical
Liabilities;AGAINST
CRIMES PERSONS ....................................................................................................53
Rape; Homicide & Theft (1998 No)
Malversation (1996) .....................................................................................................................52 Public
.......................................................................................................53 Criminal Liability; Tumultous Affray
Officers; definition
(1997).........................................................................................................................54 Criminal Liability;
(1999).......................................................................................................................................52 Public Officers;
Tumultuous Affray (2003).......................................................................................................................54
Infidelity in Custody of Prisoners (1996) .....................................................................................................52
Death under Exceptional Circumstances
Public Officers; Infidelity in Custody of Prisoners (1997)
(2001).................................................................................................................54 Death under Exceptional
.....................................................................................................53
Circumstances (2005).................................................................................................................54 Homicide;
Fraustrated; Physical Injuries (1994)
.................................................................................................................55 Infanticide
(2006)............................................................................................................................................................55
Murder & Sec. 25, R.A. No. 9165 (2005)
...........................................................................................................................55 Murder (1999)
................................................................................................................................................................55 Murder;
Definition & Elements (1999)
...............................................................................................................................56 Murder; Evident
Premeditation (1996)...............................................................................................................................56
Murder; Homicide; Infanticide; Parricide
(1999)..................................................................................................................56 Murder; Reckles
Imprudence (2001).................................................................................................................................56
Murder; Treachery
(1995)................................................................................................................................................57 Murder;
Use of Illegal Firearms (2004)
..............................................................................................................................57 Parricide
(1999)..............................................................................................................................................................57
Parricide
(1999)..............................................................................................................................................................57
Parricide; Multiple Parricide; Homicide
(1997)....................................................................................................................57 Rape
(1995)...................................................................................................................................................................58
Rape; Absence of Force & Intimidation
(1995)...................................................................................................................58 Rape; Anti-Rape Law of
1997 (2002) ................................................................................................................................58
Criminal Law Bar Examination Q & A (1994-2006) 7 of 86
Rape; Anti-Rape Law of 1997 (2002)
................................................................................................................................58 Rape; Consented
Abduction (2002) ..................................................................................................................................59 Rape;
Effect; Affidavit of Desistance
(1993).......................................................................................................................59 Rape; Male Victim
(2002) ................................................................................................................................................59 Rape;
Multiple Rapes; Forcible Abduction
(2000)...............................................................................................................59 Rape; Proper Party
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY ................................................60
(1993)...............................................................................................................................................59 Rape;
Statutory
Arbitrary Rape; Detention; Mental Elements; Retardate Victim
Grounds
(1996).......................................................................................................60
(2006)..................................................................................................................60 Grave Coercion
(1998)....................................................................................................................................................60 Grave
Coercion vs. Maltreatment of Prisoner (1999)
..........................................................................................................61 Illegal Detention vs. Grave Coercion
(1999).......................................................................................................................61 Kidnapping (2002)
..........................................................................................................................................................61 Kidnapping
(2006) ..........................................................................................................................................................61
Kidnapping w/ Homicide
Arson; Destructive Arson
(2005)........................................................................................................................................62 Kidnapping;
(1994).......................................................................................................................................64 Arson;
Effects; Voluntary Release (2004) ..................................................................................................................62
Destructive Arson
Kidnapping; Illegal Detention; Minority (2006)
(2000).......................................................................................................................................64
....................................................................................................................62 Kidnapping; Proposal to Kidnap Arson; New
Arson Law (2004)..........................................................................................................................................64 BP
(1996) .............................................................................................................................63 Kidnapping; Serious
22; Memorandum Check
Illegal Detention (1997) .....................................................................................................................63
CRIMES AGAINST PROPERTY..................................................................................................64
(1994)..................................................................................................................................65 BP Persons 22;
Trespass to Dwelling; Private
Memorandum Check
(2006)....................................................................................................................63 Tresspass to Dwelling;
(1995)..................................................................................................................................65 BP 22;
Rule of Absorption (1994) ..............................................................................................................64 Unjust
Presumption of Knowledge (2002)
Vexation vs Acts of Lasciviousness
.........................................................................................................................65 Estafa & Trust Receipt Law
(1994)..............................................................................................................64
(1995) ...................................................................................................................................65 Estafa (1999)
.................................................................................................................................................................66 Estafa vs.
BP 22 (1996)...................................................................................................................................................66
Estafa vs. BP 22
(2003)...................................................................................................................................................66 Estafa vs.
Money Market Placement
(1996).......................................................................................................................67 Estafa vs. Theft (2005)
....................................................................................................................................................67 Estafa;
Elements (2005) ..................................................................................................................................................67
Estafa; Falsification of Commercial Document
(2000).........................................................................................................67 Estafa; Falsification of
Commercial Documents (1997) .......................................................................................................68 Estafa;
Swindling (1998)..................................................................................................................................................68
Robbery (1996)
..............................................................................................................................................................68 Robbery
under RPC (2000) .............................................................................................................................................68
Robbery under RPC (2001)
.............................................................................................................................................68 Robbery vs.
Highway Robbery (2000)...............................................................................................................................69
Robbery w/ force upon things (2000)
................................................................................................................................69 Robbery w/ Homicide -
R.A. No. 7659 (2005) ....................................................................................................................69 Robbery
w/ Homicide (1996)............................................................................................................................................70
Robbery w/ Homicide
(1998)............................................................................................................................................70 Robbery w/
Homicide (2003)............................................................................................................................................71
Robbery w/ Homicide; Special Complex Crime (1995)
........................................................................................................71 Robbery w/ Intimidation vs. Theft
(2002) ...........................................................................................................................71 Robbery w/ Rape
(1999) .................................................................................................................................................71 Robbery
w/ Rape; Conspiracy (2004)
...............................................................................................................................71 Robbery; Homicide; Arson
(1995).....................................................................................................................................72 Robbery; Rape
(1997).....................................................................................................................................................72 Theft
(1998) ...................................................................................................................................................................72
Theft (2001)
...................................................................................................................................................................73
Criminal Law Bar Examination Q & A (1994-2006) 8 of 86
Theft; Qualified Theft (2002)
............................................................................................................................................73 Theft; Qualified
Theft (2002) ............................................................................................................................................73 Theft;
Qualified Theft (2006)
............................................................................................................................................73 Theft; Stages of
Execution (1998) ....................................................................................................................................73 Theft;
Stages of Execution (2000)
CRIMES AGAINST CHASTITY....................................................................................................74
....................................................................................................................................74 Usurpation of Real
Rights (1996)......................................................................................................................................74
Acts of Lasciviousness vs. Unjust Vexation (1994)
.............................................................................................................74 Adultery
(2002)...............................................................................................................................................................74
Concubinage (1994)
.......................................................................................................................................................74 Concubinage
(2002) .......................................................................................................................................................75 Unjust
CRIMES
Vexation AGAINST THEvs. CIVIL STATUS OF Act PERSONS........................................................75
of Lasciviousness
(2006)...............................................................................................................75
Bigamy
(1994)................................................................................................................................................................75
Bigamy
(1996)................................................................................................................................................................75
Bigamy
(2004)................................................................................................................................................................75
CRIMES
Bigamy; AGAINST HONOR.........................................................................................................76
Prescriptive Period
(1995)...................................................................................................................................76
Libel Simulation of Birth
& Child Trafficking (2002) .....................................................................................................................76
(2002)....................................................................................................................................................................76
Libel
(2003)....................................................................................................................................................................76
Libel
(2005)....................................................................................................................................................................77
Slander (1988)
...............................................................................................................................................................77 Slander
MISCELLANEOUS.........................................................................................................................78
(1996) ...............................................................................................................................................................77
Slander
Corpus by Deed Delicti vs. Maltreatment (2001)
(1994 ).........................................................................................................................77 Slander
......................................................................................................................................................78 vs. Criminal
Corpus Delicti;
Conversation
Definition & (2004)
Elements .........................................................................................................................77
(2000) .....................................................................................................................78
Entrapment vs. Instigation (1995)
.....................................................................................................................................78 Entrapment vs.
SPECIAL
Instigation PENAL LAWS...............................................................................................................79
(2003) .....................................................................................................................................78
Anti-Carnapping Act; Carnapping w/ Homicide (1998)
........................................................................................................79 Anti-Graft & Corrupt Practices - RA
3019 (1997) ................................................................................................................79 Anti-Hazing law – RA
8049 (2002)....................................................................................................................................80 CHILD
ABUSE; RA 7610 (2004)
......................................................................................................................................80 Child Abuse; RA 7610
(2006)...........................................................................................................................................80 Dangerous
Drug Act: Plea-Bargaining (2005)
....................................................................................................................80 Dangerous Drugs Act
(1998)............................................................................................................................................80 Dangerous
Drugs Act (2006)............................................................................................................................................81
Dangerous Drugs Act (6425); Marked Money
(2000)..........................................................................................................81 Dangerous Drugs Act (6425);
Plea Bargaining (1998) ........................................................................................................81 Dangerous
Drugs Act; Consummation of Sale
(1996).........................................................................................................82 Dangerous Drugs Act; Criminal
Intent to Posses (2002)......................................................................................................82 Dangerous
Drugs Act; Plea-Bargaining
(2004)...................................................................................................................82 Highway Robbery (2001)
.................................................................................................................................................82 Illegal Fishing -
PD 704 (1996) .........................................................................................................................................82 Illegal
Possession of Firearms – RA 8294 (1998)
...............................................................................................................83 Illegal Possession of Firearms &
Ammunitions (2000) ........................................................................................................83 PD 46 & RA 6713
& Indirect Bribery (2006) .......................................................................................................................83 PD
46 (1994)..................................................................................................................................................................83
PD 46
(1997)..................................................................................................................................................................84
Criminal Law Bar Examination Q & A (1994-2006) 9 of 86
Plunder under RA 7080; Prescriptive Period
R.A. No. 9160 Anti-Money Laundering
(1993)............................................................................................................84 Act (2005)
..............................................................................................................84 Ra 3019; Preventive Suspension
(1999) ...........................................................................................................................84 RA 3019; Preventive
Suspension (2000)...........................................................................................................................84 RA 3019;
Public Officer (2003).........................................................................................................................................85
Ra 6713; Coverage (2001)
..............................................................................................................................................85 RA 7438-Economic
Sabotage; Illegal Recruitment (2004) ...................................................................................................85 RA
7610 – Child Exploitation (2006)
.................................................................................................................................86
Criminal Law Bar Examination Q & A (1994-2006) 10
GENERAL PRINCIPLES the 86
Yes, the Motion to Quash of Information
should be granted. The Philippine court has
General Principles; Schools of no jurisdiction over the crime committed
thought in Criminal Law (1996) since it was committed on the high seas or
1} What are the different schools of thought outside of Philippine territory and on board a
or theories in Criminal Law and describe vessel not registered or licensed in the
each briefly. 2) To what theory does our Philippines (US vs. Fowler, 1 Phil 614)
SUGGESTED ANSWER:
It is the registration of the vessel in
Revised Penal Code belong?
1There are two schools of thought in Criminal Law, accordance with the laws of the Philippines,
and these are (a) the CLASSICAL THEORY, which not the citizenship of her owner, which
simply means that the basis of criminal liabilities is makes it a Philippine ship. The vessel being
human free will, and the purpose of the penalty is registered in Panama, the laws of Panama
retribution which must be proportional to the govern while it is in the high seas.
Use of Aliases; When
gravity of the offense; and (b) the POSITIVIST
Allowed
When can(2006)
a Filipino citizen residing in this
THEORY, which considers man as a social being
country use an alias legally? Give 3
and his acts are attributable not just to his will but SUGGESTED ANSWER:
instances. (2.5%)
to other forces of society. As such, punishment is 1Pseudonym for literary purposes.
not the solution, as he is not entirely to be blamed; 2Use of aliases in cinema and television
law and jurisprudence should not be the yardstick entertainment.
in the imposition of sanction, instead the 3In athletics and sports activities (RA. 6085).
underlying reasons would be inquired into. 4Under the witness protection program a
2We follow the classical school of thought although person may adopt a different identity (RA.
some provisions of eminently positivist in 6981).
tendencies, like punishment of impossible crime, 5When he has been baptized or customarily
Juvenile circumstances, are incorporated in our known by such alias.
Code. 6When authorized by a competent court (CA.
No. 142, as amended by RA. 6085).
General Principles; 7When properly indicated in a Certificate of
Territoriality
Abe, married to(1994)
Liza, contracted another Candidacy (Omnibus Election Code).
marriage with Connie in Singapore.
Thereafter, Abe and Connie returned to the
Philippines and lived as husband and wife in
the hometown of Abe in Calamba, Laguna. 1)
SUGGESTED
Can Abe be ANSWER:
prosecuted for bigamy?
1) No, Abe may not be prosecuted for bigamy
since the bigamous marriage was contracted
or solemnized in Singapore, hence such
violation is not one of those where the
Revised Penal Code, under Art. 2 thereof,
may be applied extraterritorially. The general
rule on territoriality of criminal law governs
General Principles; Territoriality;
the situation.
Jurisdiction over Vessel (2000)
After drinking one (1) case of San Miguel
beer and taking two plates of "pulutan",
Binoy, a Filipino seaman, stabbed to death
Sio My, a Singaporean seaman, aboard M/V
"Princess of the Pacific", an overseas vessel
which was sailing in the South China Sea. The
vessel, although Panamanian registered, is
owned by Lucio Sy, a rich Filipino
businessman. When M/V "Princess of the
Pacific" reached a Philippine Port at Cebu
City, the Captain of the vessel turned over
the assailant Binoy to the Philippine
authorities. An information for homicide was
filed against Binoy in the Regional Trial Court
SUGGESTED ANSWER:
of Cebu City. He moved to quash the
information for lack of jurisdiction. If you
were the Judge, will you grant the motion?
Why? (5%)
Criminal Law Bar Examination Q & A (1994-2006) 11 of 86
For the physical injuries of F, A, B and C. Arturo, being one of the two who devised the
should be held liable therefore. Even if it was plan to murder Joel, thereby becomes a co-
only A who actually stabbed and caused principal by direct conspiracy. What is
physical injuries to G, B and C are needed only is an overt act and both will
nonetheless liable for conspiring with A and incur criminal liability. Arturo's liability as a
for contributing positive acts which led to the conspirator arose from his participation in
realization of a common criminal intent. B jointly devising the criminal plan with Juan, to
positioned himself as a lookout, while C kill Jose. And it was pursuant to that
blocked F's escape. D, however, although conspiracy that Juan killed Joel. The
part of the conspiracy, cannot be held liable conspiracy here is actual, not by inference
because he left the scene before A could only. The overt act was done pursuant to that
enter the house where the stabbing occurred. conspiracy whereof Arturo is co-conspirator.
Although he was earlier part of the There being a conspiracy, the act of one is
conspiracy, he did not personally participate the act of all. Arturo, therefore, should be
in the execution of the crime by acts which liable as a co-conspirator but the penalty on
In the same breath, E, the driver, cannot be
directly tended toward the same end (People him may be that of an accomplice only
also held liable for the infliction of physical
vs. Tomoro, et al 44 Phil. 38), (People vs. Nierra,
ANSWER:96 SCRA 1; People us.
injuries upon F because there is no showing ALTERNATIVE
Medrano,
Arturo is not114liable
SCRAbecause 335) becausehe washe notwas not
able
that he had knowledge of the plan to kill F.
able
to to actually
participate in participate
the killing of in Joel.
the shooting of
Conspiracy; Avoidance of Joel, having itself
Conspiracy beenisapprehended
not punishable before
unless
Greater
BB and Evil
CC,(2004)
both armed with knives, reaching
expresslythe place where
provided by lawthe andcrime
this iswas not
attacked FT. The victim's son, ST, upon committed.
true in the case of Murder. A co-conspirator
seeing the attack, drew his gun but was must perform an overt act pursuant to the
prevented from shooting the attackers by Conspiracy;
conspiracy. Common Felonious
AA, who grappled with him for possession of Purpose
At about 9:30 (1994) in the evening, while Dino and
the gun. FT died from knife wounds. AA, BB Raffy were walking along Padre Faura Street,
and CC were charged with murder. Manila. Johnny hit them with a rock injuring
In his defense, AA invoked the justifying Dino at the back. Raffy approached Dino, but
circumstance of avoidance of greater evil or suddenly, Bobby, Steve, Danny and Nonoy
injury, contending that by preventing ST surrounded the FELONIES duo. Then Bobby stabbed
from shooting BB and CC, he merely avoided Dino. Steve, Danny, Nonoy and Johnny kept
a greater evil. Will AA's defense prosper? on hitting Dino and Raffy with rocks. As a
Conspiracy
SUGGESTED ANSWER: result.
Reason briefly. (5%) A had aDino
(1997) grudgedied, Bobby,F.Steve,
against Deciding Danny,to kill F, A
No, AA's defense will not prosper because Nonoy and Johnny were charged with
and his friends, B, C, and D, armed
obviously there was a conspiracy among BB, SUGGESTED ANSWER:
homicide. Is thereknivesconspiracyproceededin this case?
themselves
Yes, there iswith conspiracy and among the offenders, to the
CC and AA, such that the principle that when
house
as of F, taking
manifested a taxicab
by their concertedfor the purpose.
actions
there is a conspiracy, the act of one is the
About
against20 themeters
victims, from their destination,
demonstrating a the
act of all, shall govern. The act of ST, the
group alighted and after
common felonious purpose of assaulting theinstructing E, the
victim's son, appears to be a legitimate
driver,
victims.toThe wait, traveledofon
existence thefoot to the house
conspiracy can
defense of relatives; hence, justified as a
of F. B positioned himself
be inferred or deduced from the manner at a distance asthe
the
defense of his father against the unlawful
group's lookout. C and D
offenders acted in commonly attacking Dino stood guard outside
aggression by BB and CC. ST's act to defend
the
and house.
Raffy with Beforerocks, A could
thereby enter the house, D
demonstrating
his father's life, cannot be regarded as an
What AA did was left the scene without the knowledge of the
evil inasmuch as ittois,stop a eyes
in the lawfulofdefense,
the law, a unity of criminal design to inflict harm
Conspiracy; Complex Crime
on
not greater others. A stealthily entered the house and
a lawful act. evil, to allow BB and CC achieve their victims.
with Rape
their criminal objective of stabbing FT. Jose,
stabbed F. F(1996)
Domingo, ranManolo,
to the streetand Fernando,
but was armed
with
blocked bolos,by atC, about
forcingone himo'clock
to fleein the
towards
Conspiracy; Co- morning, robbed aImmediately
another direction. house at a desolate after A had place
Conspirator
Juan (1998)
and Arturo devised a plan to murder where
stabbed Danilo, his stabbed
F, A also wife, andGthree who wasdaughters
visiting
Joel. In a narrow alley near Joel's house, Juan were living. While
F. Thereafter, A exiledthe four
fromwere in the and,
the house
will hide behind the big lamppost and shoot process
together of
SUGGESTED ANSWER: ransacking
with B and C,Danilo's
returned house,
to the
Joel when the latter passes through on his Fernando,
waiting noticing that one
A alone should be held liable for theGdeath
taxicab and motored of Danilo's
away. died. of
F
way to work. Arturo will come from the other daughters
survived. was
Who trying
are to
liable get
for
G. The object of the conspiracy of A. B, C, away,
the deathran after
of G
end of the alley and simultaneously shoot her
and and
and the
D was finally
physical caught
to kill injuries
F only. upSince
with
of F? B,herC,inand a thicket
D
Joel from behind. On the appointed day, somewhat distant from the
did not know of the stabbing of G by A, they house. Fernando,
Arturo was apprehended by the authorities before
cannot bringing back the daughter
be held criminally therefor. to E, the
the
before reaching the alley. When Juan shot house,
driver, raped her
cannot be first.
also Thereafter,
held liable the
for thefour
Fernando
carted away commit?
the belongings Explain. of Danilo and his
Joel as planned, he was unaware that Arturo death of G since the former was completely
SUGGESTED ANSWER:
was arrested earlier. Discuss the criminal family.
unaware a)of What
saidcrime
killing.did Jose, Domingo,
liability of Arturo, if any. [5%] Manolo and
Criminal Law Bar Examination Q & A (1994-2006) 12 of 86
b) Suppose, after the robbery, the four A shall incur full criminal liability for the
took turns in raping the three daughters of crime of robbery with homicide, but B shall
Danilo inside the latter's house, but before not incur criminal liability because he
they left, they killed the whole family to desisted. B's spontaneous desistance, made
prevent identification, what crime did the before all acts of execution are performed, is
SUGGESTED
four commit? ANSWER:
Explain. exculpatory. Conspiracy to rob and kill is not
(a) Jose, Domingo, and Manolo committed per se punishable.
Robbery, while Fernando committed complex The desistance need not be actuated by
crime of Robbery with Rape, Conspiracy can remorse or good motive. It is enough that
be inferred from the manner the offenders the discontinuance comes from the person
committed the robbery but the rape was who has begun the commission of the crime
committed by Fernando at a place "distant but before all acts of execution are
from the house" where the robbery was performed. A person who has began the
committed, not in the presence of the other commission of a crime but desisted, is
conspirators. Hence, Fernando alone should absolved from criminal liability as a reward
answer for the rape, rendering him liable for to one, who having set foot on the verge of
the special complex crime. (People vs. Conspiracy;
crime, heeds theFlight to conscience
call of his Evade and
b) The et.
Canturia crime
al, G.R.would be 22Robbery
108490, June 1995} with Apprehension
A and B, both (2003)
store janitors, planned to kill
returns to the path of righteousness.
Homicide ... (implied: there is still their employer C at midnight and take the
conspiracy) money kept in the cash register. A and B
Conspiracy; Flight to Evade together drew the sketch of the store, where
Apprehension
A and B, both store (2003)janitors, planned to kill they knew C would be sleeping, and planned
their employer C at midnight and take the the sequence of their attack. Shortly before
money kept in the cash register. A and B midnight, A and B were ready to carry out
together drew the sketch of the store, where the plan. When A was about to lift C's
they knew C would be sleeping, and planned mosquito net to thrust his dagger, a police
the sequence of their attack. Shortly before car with sirens blaring passed by. Scared, B
midnight, A and B were ready to carry out ran out of the store and fled, while A went on
the plan. When A was about to lift C's to stab C to death, put the money in the bag,
mosquito net to thrust his dagger, a police and ran outside to look for B. The latter was
car with sirens blaring passed by. Scared, B nowhere in sight. Unknown to him, B had
ran out of the store and fled, while A went on SUGGESTED ANSWER:
already left the place.
There was an expressed What was
conspiracy the
between
to stab C to death, put the money in the bag, participation and corresponding criminal
and ran outside to look for B. The latter was A and B to kill C and take the latter's money.
liability of each,
The planned if any?
killing andReasons.
taking of8%the money
nowhere in sight. Unknown to him, B had
SUGGESTED ANSWER:
alreadywasleft the place. What was the appears to be intimately related as
There an expressed conspiracy between component crimes, hence a special complex
participation
A and B to kill C andand corresponding
take the latter's criminal
money.
liability of each, if any? crime of robbery with homicide. The
The planned killing andReasons.
taking of8%the money conspiracy being expressed, not just implied,
appears to be intimately related as A and B are bound as co-conspirators after
component crimes, hence a special complex they have planned and agreed on the
crime of robbery with homicide. The sequence of their attack even before they
conspiracy being expressed, not just implied, committed the crime. Therefore, the principle
A and B are bound as co-conspirators after in law that when there is a conspiracy, the
they have planned and agreed on the act of one is the act of all, already governs
sequence of their attack even before they That B ran out of the store and fled upon
them. In fact, A and B were already in the
committed the crime. Therefore, the principle hearing the sirens of the police car, is not
store to carry out their criminal plan.
in law that when there is a conspiracy, the spontaneous desistance but flight to evade
act of one is the act of all, already governs apprehension. It would be different if B then
That B ran out of the store and fled upon tried to stop A from continuing with the
them. In fact, A and B were already in the
hearing the sirens of the police car, is not commission of the crime; he did not. So the
store to carry out their criminal plan.
spontaneous desistance but flight to evade act of A in pursuing the commission of the
apprehension. It would be different if B then crime which both he and B designed,
tried to stop A from continuing with the planned, and commenced to commit, would
commission of the crime; he did not. So the also be the act of B because of their
act of A in pursuing the commission of the ALTERNATIVE ANSWER:
expressed conspiracy. Both are liable for the
crime which both he and B designed, A shall incur full criminal liability for the
composite crime of robbery with homicide.
planned, and commenced to commit, would crime of robbery with homicide, but B shall
also be the act of B because of their not incur criminal liability because he
ALTERNATIVE ANSWER: desisted. B's spontaneous desistance, made
expressed conspiracy. Both are liable for the
composite crime of robbery with homicide. before all acts of execution are performed, is
Criminal Law Bar Examination Q & A (1994-2006) 13 of 86
exculpatory. Conspiracy to rob and kill is not SUGGESTED ANSWER:
per se punishable. Yes. A, B. C and D are liable for destructive
arson because of the destruction of the room
The desistance need not be actuated by of X with the use of an explosive, the hand
remorse or good motive. It is enough that grenade. Liability for an impossible crime is
the discontinuance comes from the person to be imposed only if the act committed
who has begun the commission of the crime would not constitute any other crime under
but before all acts of execution are the Revised Penal Code. Although the facts
performed. A person who has began the involved are parallel to the case of Intod vs.
commission of a crime but desisted, is Court of Appeals (215 SCRA 52), where it was
absolved from criminal liability as a reward ruled that the liability of the offender was for
to one, who having set foot on the verge of an impossible crime, no hand grenade was
Conspiracy;
crime, heeds the call Implied
of his conscience and used in said case, which constitutes a more
Conspiracy Criminal Liability: Felonious Act of
What the(1998)
returnsistothe doctrine of implied conspiracy?
path of righteousness. serious crime though different from what was
Scaring (1996)
Alexander,
[3%]
SUGGESTED ANSWER:
intended, an escaped convict, ran amuck on
The doctrine of implied conspiracy holds two board a Superlines Bus bound for Manila
or more persons participating in the from Bicol and killed ten (10) persons.
commission of a crime collectively Terrified by the incident, Carol and Benjamin
responsible and liable as co-conspirators who are passengers of the bus, jumped out
although absent any agreement to that of the window and while lying unconscious
effect, when they act in concert, after hitting the pavement of the road, were
demonstrating unity of criminal intent and a ran over and crushed to death by a fast
common purpose or objective. The existence moving Desert Fox bus tailing the Superlines
of a conspiracy shall be inferred or deduced Can
Bus. Alexander be held liable for the death of
from their criminal participation in pursuing Carol and Benjamin although he was
Conspiracy; Implied Conspiracy;
the crime and thus the act of one shall be completely unaware that the two jumped out
Effects
State (2003)
the concept
deemed the act of all. of "implied conspiracy" SUGGESTED
of the bus?ANSWER:
Explain.
and give its legal effects. 4% Yes, Alexander can be held liable for the
SUGGESTED ANSWER: death of Carol and Benjamin because of
An "IMPLIED CONSPIRACY" is one which is felonious act of running was the proximate
only inferred or deduced from the manner cause of the victim's death. The rule is that
the participants in the commission of crime when a person, by a felonious act, generates
carried out its execution. Where the in the mind of another a sense of imminent
offenders acted in concert in the commission danger, prompting the latter to escape from
of the crime, meaning that their acts are or avoid such danger and in the process,
coordinated or synchronized in a way (US vs. Valdez,
sustains 41 or
injuries Phil, 1497;
dies, thePeople
personvs. Apra, 27
SCRA 1037.)
indicative that they are pursuing a common committing the felonious act is responsible
Criminal Liability: Felonious Act;
criminal objective, they shall be deemed to for such injuries or death.
be acting in conspiracy and their criminal Proximate
Vicente hackedCause (1996)
Anacleto with a bolo but the
The legal effects of an "implied conspiracy"
liability shall be collective, not individual. latter was able to parry it with his hand,
are: a) Not all those who are present at the causing upon him a two-inch wound on his
crime
scene will be considered conspirators; b)
of the right palm. Vicente was not able to hack
Only those who participated by criminal acts Anacleto further because three policemen
commission of the crime will be considered asarrived and threatened to shoot Vicente if he
in the
conspirators;
co and c) Mere acquiescence to did not drop his bolo. Vicente was
or approval of the commission accordingly charged by the police at the
of the crime, without any act of criminal prosecutor's office for attempted homicide.
participation, shall not render one criminallyTwenty-five days later, while the preliminary
co-conspirator.
liable as investigation was in progress, Anacleto was
rushed to the hospital because of symptoms
Criminal Liability: Destructive of tetanus infection on the two-inch wound
Arson
A, B, C (2000)
and D, all armed with armalites, SUGGESTED ANSWER:
inflicted by Vicente.
Yes, Vicente may be Anacleto
charged of died the
homicide for
proceeded to the house of X. Y, a neighbor of following day. Can Vicente be eventually
X, who happened to be passing by, pointed the death of Anacleto, unless the tetanus
charged
infection with
whichhomicide
developed for twenty
the deathfiveofdays
to the four culprits the room that X occupied. Anacleto? Explain. about by an efficient
The four culprits peppered the room with later, was brought
bullets. Unsatisfied, A even threw a hand supervening cause. Vicente's felonious act of
grenade that totally destroyed X's room. causing a two-inch wound on Anacleto's right
However, unknown to the four culprits, X was palm may still be regarded as the proximate
not inside the room and nobody was hit or cause of the latter's death because without
injured during the Incident. Are A, B, C and D such wound, no tetanus infection could
liable for any crime? Explain. (3%) develop from the victim's right palm, and
without
Criminal Law Bar Examination Q & A (1994-2006)
such tetanus infection the victim would not
have died with it.

Criminal Liability: Impossible


Crimes (2000)
What is an impossible crime? (2%)
Is an impossible crime really a crime?
(2%)
SUGGESTED ANSWER:
1An 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)
2No, 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.
Criminal Law Bar Examination Q & A (1994-2006) 14 of 86
15
Although A died of heart attack, the said of the strong
caused the death current of Cesar
or becauseis not he a crime,
did not no
attack was generated by B's felonious act of criminal
know how liability
to swim, may hearise
drowned,
therefrom. the Supreme
hitting her with his fists. Such felonious act Court affirmed the conviction for homicide of
was the immediate cause of the heart attack, Criminal
the accused Liability;
because, Felonious
if a personAct of
against
having materially contributed to and Scaring
Belle saw
whom (2005)
Gastonassault
a criminal stealingisthe prizedbelieves
directed cock of
hastened A's death. Even though B may have a neighbor
himself to be and in reported
danger ofhim deathto the police.
or great
acted without intent to kill his wife, lack of Thereafter,
bodily harmGaston, and in order whileto driving
escape a car
jumps saw
such intent is of no moment when the victim Belle crossing the street.
into the water, impelled by the instinct of Incensed that Belle
dies. However, B may be given the mitigating had reported him, Gaston
self-preservation, the assailant is responsible decided to scare
circumstance of having acted without herthe
for by trying
homicide to makein case it appear
death resultsthat heby was
intention to commit so grave a wrong as that Criminal
about to run
drowning. Liability;
her over. Felonious
He revvedAct; the engine
Criminal
committedLiability;(Art. 13, par. Felonious
3, Revised Act;Penal Proximate
During
of his car theand Cause
robberydrovein (1999)
a dwelling
towards her house,
but he one
Proximate
Bhey
Code). eloped Cause
with (1994)
Scott. Whereupon, Bhey's of the culprits happened
applied the brakes. Since the road was to fire his gun
father, Robin, and brother, Rustom, went to upward in the ceiling without
slippery at that time, the vehicle skidded meaning to kill
Scott's house. Upon reaching the house, anyone. The owner of the
and hit Belle causing her death. Was gaston house who was
Rustom inquired from Scott about his sister's SUGGESTED
hiding ANSWER:
thereat was hit and killed as a of result.
criminally
Yes, defense
Gaston liable?
is What
liable isBelle's
forthat the liability
whereabouts, while Robin shouted and The
Gaston? Why? theorized
(4%) the death
killing because
was a
threatened to kill Scott. The latter then went even though
mere accident Gaston
and was hasnot no perpetrated
intent to kill in Belle
downstairs but Rustom held his (Scott's) rather just to
connection with,scare or Belle.
for purposes"To scare" of, thedoes not
Criminal Liability; Felonious Act of indicate
robbery. intent
Will you to sustain
kill. However,the defense?under Art. Why?4
waist. Meanwhile Olive, the elder sister of
Scaring (2001)
Maryjane had two suitors - Felipe and Cesar. of the
SUGGESTED
(4%) Revised
ANSWER: Penal Code, provides in part
Scott, carrying her two-month old child,
She No,
thatI criminal
will not sustain
liability the defense. The act
approached openly
did not Rustomshow and her preference
Scott to pacify but shall be incurred by any
on two occasions, accepted Cesar's invitation being
personfelonious
committing andathe felonyproximate
although causethe of
them. Olive attempted to remove Rustom's
to concerts by Regine and Pops. Felipe was a the victim's
wrongful actdeath,
done be thedifferent
offenderfrom is liable
that
hand from Scott's waist. But Rustom pulled
working student
SUGGESTED ANSWER: and could only ask Mary to therefore although it
which he intended. Inmay
other not be intended
words, the ruleor is
Olive's
Yes, hand causing her to fall over her
see aRustom
movie is criminally
which was liable
declined. forFelipe
the death
felt different
that whenfrom a person,what he byintended.
a felonious Theact,
baby.
of The baby then died moments later. Is
insulted and made plans to get even with the
the child because his felonious act was offender
generates shall
in the be mind
prosecutedof another for the a sense of
Rustom
proximate criminally
cause him liable
of such for the death
death. It was of the
Cesar by scaring off somehow. One day, composite
imminent danger, prompting the homicide,
crime of robbery with latter to
child?
Rustom's act of pulling Olive's hand which
he entered Cesar's room in their boarding whether
escape from the killing
or avoid was suchintentional
danger and or in the
caused
house and theplaced
latter to fall on her
a rubber snake baby.
which Had It accidental,
process, as
sustains long injuries or dies, the on
as the killing was person
not been for
appeared to be said actinofCesar's
real Rustom, which is
backpack. Criminal
ALTERNATIVE
occasion ofLiability;
ANSWER: Felonious Act;
the robbery.
committing
Yes, Gaston the
is felonious
liable for act is death
Belle's responsible
undoubtedly
Because Cesar felonious
had a weak (at least
heart, slight
he suffered Proximate
Luis Cruz was Causedeeply (2001)
hurt when his offer of
for such injuries
because or death. (US the vs. Valdez, 41
coercion)
a heart attack thereupon was opening
no causehis forbackpack
Olive to fall love was by his acts
rejected byof hisrevving
girlfriend engine of
Marivella
Phil,
his 1497; People vs. Apra, 27 SCRA 1037.)
over her baby.
and seeing the In short,Cesar
snake. Rustom'sdied felonious
without onecar and driving
afternoon whentowardshe visited Belle her.is felonious,
When he
act and such felonious act
left her house, he walked as if he was was the proximate
regaining consciousness. The policeAny
is the cause of the evil caused.
person performing a felonious act is Felipe as cause of the vehicle
sleepwalking so much toso skidthatand hit Belle,
a teenage
investigation resulted in pinpointing
criminally resulting in the latter's death.
snatcher was able to grab his cell phone and Stated
the culprit and he was charged with and
liable for the direct, natural
logical consequence thereof although otherwise,
flee withoutthe being death of Belle
chased by was
Luis.the At thedirect,
Homicide
Criminal for Cesar'sFelonious
Liability; death. In his
Act;defense,
different from what he did
intended (Art.about
4, par. natural
next LRT and logical
station, heconsequence
boarded oneof ofGaston's
the
Felipe claimed that he not know Criminal Liability; Felonious
Proximate
1, RFC; People
Cause
ANSWER:
vs,
(1997)
While the crew of a steamer prepared to
SUGGESTED
Pugay, et al, GR No. feloniousbound
coaches act. (People v. Arpa,While
for Baclaran. 27Act;SCRA
seated,
Cesar's
Yes, Felipe
raise weak
anchor is atheart
liable and that
for theRiver,
the Pasig he only intended
deathA,ofevidently
Cesar Immediate Cause (2003)
74324, Nov. 18,given1988). 1037).
he happened to read a newspaper left on the
to
butplay a
he shall
impatient practical
withbe the joke the
progressonbenefit
Cesar. Is the
of
of work, Felipe
began The conduct of wife A aroused the ire of her
liable seat and noticed that the headlines were
to usefor
mitigating the
abusive death
circumstance of Cesar
language that or
hewill
against did
thehis
not
men. B, husband B. Incensed with anger almost
about the sinking of the Super Ferry while on
defense
intend
one toprosper?
of the commit
members Why?
so grave
of the(5%}acrew,
wrong as that beyond his control, B could not help but
its way to Cebu. He went over the list of
which was committed
remonstrated saying that (Art.they
13, could
par. 3,workRPC). inflict physical injuries on A. Moments after B
When Felipe intruded into Cesar's room missing passengers who were presumed
best if they were not insulted. A took B's started hitting A with his fists, A suddenly
without dead and came across the name of his
attitude the as alatter's
displayconsent and took liberty
of insubordination and, complained of severe chest pains. B,
grandfather who had raised him from
with
rising in a rage, moved towards Bhe
the letter's backpack where placed a
wielding realizing that A was indeed in serious
the rubber snake. Felipe was already childhood after he was orphaned. He was
big knife and threatening to stab B. At the trouble, immediately brought her to the
committing shocked and his mind went blank for a few
instant when A was only a fewact
a felony. And any feet done
fromby B, hospital. Despite efforts to alleviate A's
minutes, after which he ran amuck and,
him while committing a
the latter, apparently believing himself felony is no lessto be pains, she died of heart attack. It turned out
wrongful, considering that they were part of using his balisong,
SUGGESTED ANSWER: started stabbing at the
in great claim
and immediate peril, threw that she had been suffering from a lingering
Felipe's
"plans
SUGGESTED to get that he
even
ANSWER: with intended
Cesar". only himself
"to play B could
passengers
SUGGESTED be
heart ailment.
held
wholiable
ANSWER: for parricideaway,
then scampered
What crime, if any, could B be
because with
into
Yes. the
A can
a practical water,
be
joke disappeared
held criminally
on Cesar" doesbeneath
not forthe
liable the his act
three
Yes, ofofthem
Luis hitting
is liable his
Jumping
for wife
theiroutwith
deaths fist train
of the blowsand
because andhe
surface, held guilty of? 8%
death
persuade, of and drowned.
B,considering
Article May
4 of that A be are
the Revised
they held Penal
not therewith
landing
was oninflicting
committing the road physical
below.
a felony when injuries
All the on her, is
three
he started
criminally
Code
friends butliable
provides in fact infor thethat
part
rivals death of B? liability
criminal
in courting felonious.atA the
passengers
stabbing person
died latercommitting
passengers of their and asuch
felonious
injuries at the
ALTERNATIVE
shall ANSWER:
be incurred
Maryjane. This caseby is
any persontocommitting
parallel the case ofa act incursIs
hospital.
wrongful criminal
act Luiswasliable liability
the for the
proximate although
death cause the
of the
of said
No, Felipe
felony
People vs. is
althoughnot the
Pugay, liable
al.because
etwrongful actthe act be
done of wrongful
three consequence
passengers
passengers' jumping whoout is of
different
jumped theout from
train;of the what
hence
frightening
different from that which he intended. In he
another is not a crime. What U.S. he intended
moving
their train?
deaths. (Art.
State 4, par.
your1, Revised(5%)
reasons. Penal
did may be41
vs. Valdez wrong, but not
Phil. 497. all wrongs
where the victim who Code).
amount to a crime.
was threatened Because
by the thewith
accused act which
a knife,
jumped into the river but because
Criminal Law Bar Examination Q & A (1994-2006) 16 of 86
Under Article 4, Revised Penal Code, any JP, Aries and Randal planned to kill Elsa, a
person committing a felony shall incur resident of Barangay Pula, Laurel, Batangas.
criminal liability although the wrongful act They asked the assistance of Ella, who is
done be different from that which he familiar with the place.
intended. In this case, the death of the three On April 3, 1992, at about 10:00 in the
passengers was the direct, natural and evening, JP, Aries and Randal, all armed with
logical consequence of Luis' felonious act automatic weapons, went to Barangay Pula.
which created an immediate sense of danger Ella, being the guide, directed her
in the minds of said passengers who tried to companions to the room in the house of Elsa.
avoid or escape from it by jumping out of the Whereupon, JP, Aries and Randal fired their
Criminal Liability; Felonious Act; guns at her room. Fortunately, Elsa was not
train. (People vs. Arpa, 27 SCRA 1O37; U.S. vs.
Proximate
On his way Cause (2004)
home from office, ZZ rode in a around as she attended a prayer meeting
Valdez, 41 Phil. 497}
jeepney. Subsequently, XX boarded the same that evening in another barangay in Laurel.
jeepney. Upon reaching a secluded spot in JP, et al, were charged and convicted of
QC, XX pulled out a grenade from his bag attempted murder by the Regional Trial
and announced a hold-up. He told ZZ to Court at Tanauan, Batangas.
surrender his watch, wallet and cellphone.
Fearing for his life, ZZ jumped out of the On appeal to the Court of Appeals, all the
vehicle. But as he fell, his head hit the accused ascribed to the trial court the sole
SUGGESTED ANSWER: error of finding them guilty of attempted
pavement, causing his instant death . Is XX
Yes, XX is liable for ZZ's death because his murder. If you were the ponente, how will
liable for ZZ's death? Explain briefly. (5%)
acts of pulling out a grenade and announcing SUGGESTED
you decideANSWER:
the appeal?
a hold-up, coupled with a demand for the If I were the ponente, I will set aside the
watch, wallet and cellphone of ZZ is judgment convicting the accused of
felonious, and such felonious act was the attempted murder and instead find them
proximate cause of ZZ's jumping out of the guilty of impossible crime under Art. 4, par.
jeepney, resulting in the latter's death. 2, RPC, in relation to Art. 59, RPC. Liability for
Stated otherwise, the death of ZZ was the impossible crime arises not only when the
direct, natural and logical consequence of impossibility is legal, but likewise when it is
XX's felonious act which created an factual or physical impossibility, as in the
immediate sense of danger in the mind of ZZ case at bar. Elsa's absence from the house is
Criminal
who tried Liability; Impossible
to avoid such danger by jumping a physical impossibility which renders the
Crime
OZ and (2004)
YO were both
out of the jeepney (People courting their co-
v. Arpa, 27 SCRA crime intended Inherently incapable of
employee,
1037).
SUE. Because of their bitter accomplishment. To convict the accused of
rivalry, OZ decided to get rid of YO by attempted murder would make Art. 4, par. 2
poisoning him. OZ poured a substance into practically useless as all circumstances
YO's coffee thinking it was arsenic. It turned which prevented the consummation of the
out that the substance was white sugar offense will be treated as an incident
substitute known as Equal. Nothing Criminal Liability: Impossible
independent
Crimesalways
(1998)of the actor's will which is an
happened to YO after he drank the coffee. Buddy resented his classmate, Jun.
SUGGESTED ANSWER: element of attempted or frustrated felony
What criminal liability did OZ incur, if any? One day. Buddy planned to kill Jun by mixing
OZ incurred criminal liability for an (Intod vs. CA, 215 SCRA 52).
Explain briefly. (5%) poison in his lunch. Not knowing where he
impossible crime of murder. Criminal liability can get poison, he approached another
shall be incurred by any person performing classmate, Jerry to whom he disclosed his
an act which would be an offense against evil plan. Because he himself harbored
persons or property, were it not for the resentment towards Jun, Jerry gave Buddy a
inherent impossibility of its accomplishment poison, which Buddy placed on Jun's food.
or on account of the employment of However, Jun did not die because, unknown
inadequate or ineffectual means (Art. 4, par. to both Buddy and Jerry, the poison was
In the problem given, the impossibility of
2, RFC).
accomplishing the crime of murder, a crime actually powdered milk. 1, What crime or
2. Suppose
crimes, that,
if any, didbecause
Jerry andof Buddy
his severe
commit?
against persons, was due to the employment allergy to powdered milk, Jun had to be
of ineffectual means which OZ thought was [3%]
hospitalized for 10 days for ingesting it.
poison. The law imputes criminal liability to Would your answer to the first question be
the offender although no crime resulted, only SUGGESTED
the same? ANSWER:
[2%]
to suppress his criminal propensity because 1. Jerry and Buddy are liable for the so-called
subjectively, he is a criminal though "impossible crime" because, with intent to
Criminal
objectively,Liability;
no crime wasImpossible
committed. kill, they tried to poison Jun and thus
Crimes (1994) perpetrate Murder, a crime against persons.
Jun was not poisoned only because the
would-be killers were unaware that what
they mixed with the food of Jun
Criminal Law Bar Examination Q & A (1994-2006)
was powdered milk, not poison. In short, the
act done with criminal intent by Jerry and
Buddy, would have constituted a crime
against persons were it not for the inherent
inefficacy of the means employed. Criminal
liability is incurred by them although no
crime resulted, because their act of trying to
2. No, the
poison answer
Jun is would not be the same as
criminal.
above. Jerry and Buddy would be liable
instead for less serious physical injuries for
causing the hospitalization and medical
attendance for 10 days to Jun. Their act of
mixing with the food eaten by Jun the matter
which required such medical attendance,
committed with criminal intent, renders them
liable for the resulting injury.
Criminal Liability; Impossible Crimes;
Kidnapping
Carla, 4 years(2000)
old, was kidnapped by Enrique,
the tricycle driver paid by her parents to
bring and fetch her to and from school.
Enrique wrote a ransom note demanding
P500,000.00 from Carla's parents in
exchange for Carla's freedom. Enrique sent
the ransom note by mail. However, before
the ransom note was received by Carla's
parents, Enrique's hideout was discovered by
the police. Carla was rescued while Enrique
was arrested and incarcerated. Considering
that the ransom note was not received by
Carla's parents, the investigating prosecutor
SUGGESTED ANSWER:
merely
No, the filed a case is
prosecutor of not
"Impossible
correct inCrime
filing toa
Commit Kidnapping" against Enrique.
case for "impossible crime to commit Is the
prosecutor correct? Why? (3%)
kidnapping" against Enrique. Impossible
crimes are limited only to acts which when
performed would be a crime against persons
or property. As kidnapping is a crime against
personal security and not against persons or
property, Enrique could not have incurred an
"impossible crime" to commit kidnapping.
There is thus no impossible crime of
Mala in Se vs. Mala
kidnapping.
Prohibita (1997)
1Distinguish between crimes mala in se and
crimes mala prohibita.
2May an act be malum in se and be, at the same
time, malum prohibitum?
Criminal Law Bar Examination Q & A (1994-2006) 17 of 86
18
Also, criminal liability is generally incurred in violationlist
registry of aofspecial
voters law is wrong
is notperpunished.
se because
crimes mala in se even when the crime is it disenfranchises
Actual injury is required. a voterYes, of his
both right
areto liable
vote.
only attempted or frustrated, while in crimes In this
for attempted
regard itestafa is considered
thru falsification
as malum of in se.
mala prohibita, criminal liability is generally Since it is punished
commercial documents, under a complex
a specialcrime. law (Sec.
...
incurred only when the crime is 101 and 103, Revised Election Code), it is
Also in crimes mala in se, mitigating and
consummated. Malum
considered inmalum Se prohibitum.
vs. Malum
aggravating circumstances are appreciated Mala in malum
Prohibitum
Distinguish Se(2005) vs.in se Mala from malum prohibitum.
in imposing the penalties, while in crimes Prohibita ANSWER:
Distinguish
(2%)
SUGGESTED (1999)
" mala in se" from " mala
mala prohibita, such circumstances are not In crimes ANSWER:
prohibita"(3%)
SUGGESTED malum in se, an act is by nature
appreciated unless the special law has In "mala evil
wrong, in se", or the bad,actsand constituting
so generally the
adopted the scheme or scale of penalties crimes are inherently
condemned. The moral evil, bad
trait of orthewrong, and is
offender
under the Revised Penal Code. hence involves
involved; thus, good the faithmoral or traits
lack of ofcriminalthe
Mala Prohibita; Actual Injury offender;
Intent on the while partin of "mala prohibita",
the offender is athe acts
defense,
Required
Mr. (2000)a customs guard, and Mr.
Carlos Gabisi, constituting
unless the crime the crimes is theareresult not inherently
of criminal
Rico Yto, a private Individual, went to the bad, evil or wrong
negligence. but prohibited and
Correspondingly, made
modifying
office of Mr. Diether Ocuarto, a customs punishable onlyare
circumstances for considered
public good. inAnd because
punishing the
broker, and represented themselves as In
the crimes
moral mala
offender. trait of prohibitum,
the offender an act is not by
is Involved in
agents of Moonglow Commercial Trading, an nature
"mala in wrong,
se". evil or bad. circumstances,
Modifying Yet, it is punished the
Importer of children's clothes and toys. Mr. because
offender'sthere extent is ofa participation
law prohibiting in thethem for
crime,
Gabisi and Mr. Yto engaged Mr. Ocuarto to public
and the good,degree and of thus good faith or lack
accomplishment of theof
prepare and file with the Bureau of Customs criminal intent in doing the
crime are taken into account in imposing the prohibited act is
the necessary Import Entry and Internal not a defense.
penalty: these are not so in "mala prohibita"
Mala in Se vs.
Motive vs. Mala
Revenue Declaration covering Moonglow's where criminal liability arises only when the
Prohibita
Intent (1996)
Briefly state
1Distinguish (2001)
intent
what essentially
from motive distinguishes
in a
shipment. Mr. Gabisi and Mr. Yto submitted to acts are consummated.
crime mala
Criminal Law.prohibita from a crime mala in
Mr. Ocuarto a packing list, a commercial
se. (2%)
2May crime
SUGGESTED be committed without
ANSWER:
invoice, a bill of lading and a Sworn Import In
1Motive
crimesis mala
the moving
prohibita, powerthe which
acts are impels
not by
criminal intent?
Duty Declaration which declared the nature
one to action
wrong,for evil a definite
or bad. They result; arewhereas
punished
shipment as children's toys, the taxes and only because
intent is the purpose there istoa use law aprohibiting
particular them
duties of which were computed at for public
means to effect
good, such and results.
thus good Motive
faithisor notlack
an
P60,000.00. Mr. Ocuarto filed the of criminal
essential element
intent in of doing
a felony theandprohibited
need notact
aforementioned documents with the Manila is not
be proved
a defense.
for purpose of conviction, while
International Container Port. However, before In crimes
intent is anmala essentialin se, the acts
element are by by
of felonies nature
the shipment was released, a spot check was wrong,
dolo. evil or bad, and so generally
conducted by Customs Senior Agent James condemned.
2Yes, a crimeThe maymoral trait of the
be committed withoutoffender is
Bandido, who discovered that the contents of involved; thus, good faith
criminal intent if such is a culpable felony, or lack of criminal
the van (shipment) were not children's toys Intent on the part of the
wherein Intent is substituted by negligence offender is a defense,
as declared in the shipping documents but unless
or the crime
imprudence, and alsois the in a result
malum of criminal
1,000 units of video cassette recorders with negligence.or if an
prohibitum Correspondingly,
act is punishable by modifying
taxes and duties computed at P600,000.00. A circumstances
special law. are considered in punishing the
hold order and warrant of seizure and Mala
Motive
offender. in Se vs. vs. Mala
detention were then issued by the District Prohibita
Intent (1999)
Distinguish,
1Distinguish (2003)
in
"motive"
their respective
from "intent". concepts and
Collector of Customs. Further investigation legal implications,
2When is motive relevant between tocrimes
prove amala case?in se
showed that Moonglow is non-existent. and crimes
When is it not mala necessary
prohibits. to 4%
be established?
SUGGESTED
Explain. (3%) ANSWER:
Consequently, Mr. Gabisi and Mr. Yto were In
1"Motive
concept: " is the Crimesmoving mala powerin se whichareimpels
those
charged with and convicted for violation of where
a person the to acts
do anoract omissions
for a definite penalized
result; are
SUGGESTED ANSWER:
Section 3(e) of R.A. 3019 which makes it inherently
while "intent" bad, is evil,
the purpose
or wrong forthat
using they
a are
Crimes mala in se are felonious acts
unlawful among others, for public officers to almost
particular universally
means tocondemned. bring about a desired
committed by dolo or culpa as defined in the
cause any undue Injury to any party, CrimesMotive
result. mala prohibita
is not an element are those of awhere
crimethe
Revised Penal Code. Lack of criminal intent is
including the Government. In the discharge of actsintent
but penalized is anare elementnot inherently
of intentional bad, evil, or
a valid defense, except when the crime
official functions through manifest partiality, wrong
crimes.but prohibited
Motive, by lawa for
if attending crime,public good,
always
results from criminal negligence. On the
evident bad faith or gross inexcusable public welfare
precede the intent. or interest and whoever
other hand, crimes mala prohibita are those
negligence. In their motion for violates
2Motive the prohibition
is relevant are penalized.
to prove a case when
considered wrong only because they are
reconsideration, the accused alleged that the In legal implications:
there is doubt as to the identity In crimes ofmala
the in se,
prohibited by statute. They constitute
decision
SUGGESTED was erroneous because the crime good faith or lack of criminal intent/
violations ANSWER:
SUGGESTED of mere rules of convenience
ANSWER: offender or when the act committed gives
was
Yes,
Yes, not
an consummated
act may be of
the contention butaccused
malum
the was
in seonly
and at malum
an negligence is acrimes
defense, andwhilethereiniscrimes mala
designed to secure a more orderly that the
regulation rise to variant the need
attempted
prohibitum
crime was stage,
notat theand that
same
consummated in
time.fact
is the
In People
correct, RA. v. prohibita,
to determine good thefaith
properor lackcrimeof criminal
to be imputed intent
of the affairs of society.
Government
Sunico, did
(CAnot suffer
50 OG any
5880) undue
3019 is a special law punishing acts malaheld
et aL. it injury.
was or malice
to the is not a defense; it is enough that
offender.
a) Is the
that thecontention
prohibita. a rule, of
omission
As orboth accused
failure
attempted of correct?
election the prohibition was voluntarily violated.
Explain.
inspectors (3%)
andb)poll
Assuming
clerks tothat the attempted
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) 19
It is not necessary to prove motive when of 86
Exempting Circumstances;
the offender is positively identified or the Minority
John, (1998) old boy, is fond of
an eight-year
criminal act did not give rise to variant watching the television program "Zeo
crimes. Rangers." One evening while he was
Motive vs. engrossed watching his favorite television
Intent (2004)
Distinguish clearly but briefly between intent show, Petra, a maid changed the channel to
and motive in the commission of an offense. enable her to watch "Home Along the Riles."
SUGGESTED ANSWER: This enraged John who got his father's
Intent is the purpose for using a particular revolver, and without warning, shot Petra at
means to achieve the desired result; while SUGGESTED ANSWER:
the back of her head causing her
motive is the moving power which impels a No, John is not criminally liable for killing
instantaneous death. Is John criminally
person to act for a definite result. Intent is an Petra because he is only 8 years old when
liable? [2%]
ingredient of dolo or malice and thus an he committed the killing. A minor below
element of deliberate felonies; while motive nine (9) years old is absolutely exempt from
is not an element of a crime but only criminal liability although not from civil
considered when the identity of the offender liability. (Art. 12, par. 2, RPC).
Motive;
is in doubt.Proof thereof; Not Essential; Exempting; Minority; 11 yrs
Conviction
Motive (2006)in the determination of
is essential Old; Absence of Discernment
the commission of a crime and the liabilities (2000)
While they were standing in line awaiting
of the perpetrators. What are the instances their vaccination at the school clinic, Pomping
where proof of motive is not essential or repeatedly pulled the ponytail of Katreena,
required to justify conviction of an accused? his 11 years, 2 months and 13 days old
SUGGESTED
Give at leastANSWER:
3 instances. (5%) classmate in Grade 5 at the Sampaloc
1When there is an eyewitness or positive Elementary School. Irritated, Katreena turned
identification of the accused. around and swung at Pomping with a ball
2When the accused admitted or confessed to the pen. The top of the ball pen hit the right eye
commission of the crime. of Pomping which bled profusely. Realizing
3In crimes mala prohibita. what she had caused. Katreena immediately
4In direct assault, when the victim, who is a person helped Pomping. When investigated, she
in authority or agent of a person in authority was freely admitted to the school principal that
attacked in the actual performance of his duty (Art. she was responsible for the injury to
148, Revised Penal Code). Pomping's eye. After the incident, she
5In crimes committed through reckless executed a statement admitting her
imprudence. culpability. Due to the injury. Pomping lost his
SUGGESTED ANSWER:
right eye. a)
a) No, Katreena Is Katreena criminally
is not criminally liable?
liable
JUSTIFYING & EXEMPTING Why? (3%) b) Discuss the attendant
although she is civilly liable. Being a minor
CIRCUMSTANCES circumstances
less than fifteen and effects
(15) yearsthereof. (2%) over
old although
nine (9) years of age, she is generally
Exempting Circumstances; exempt from criminal liability. The exception
Coverage
A, brother of(2000)
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
the accused actediswith
thatdiscernment.
such minor 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
What is the
presence of criminal liability of A, if any? Explain. reacted with a ballpen which she must be
his friends.
(3%) using in class at the time, and only to stop
Is A exempted from criminal liability under Article Pomping's vexatious act of repeatedly pulling
332 of the Revised Penal Code for being a brother her ponytail. In other words, the injury was
of B? Explain. (2%) b) The attendant circumstances which may
accidental.
SUGGESTED ANSWER: be considered are:
a) A is criminally liable for Robbery with 1Minority of the accused as an exempting
force upon things..... circumstance under Article 12. paragraph 3,
Rev. Penal Code, where she shall be exempt
b) No, A is not exempt from criminal liability from criminal liability, unless it was proved
under Art. 332 because said Article applies that she acted with discernment. She is
only to theft, swindling or malicious mischief. however civilly liable;
Here, the crime committed is robbery. 2If found criminally liable, the minority of the
accused as a privileged mitigating
circumstance. A discretionary penalty lower
by at least two (2)
Criminal Law Bar Examination Q & A (1994-2006)
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
1Also if found
known criminally
as the "Familyliable,
Courtsthe
Actordinary
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
2The ordinary mitigating circumstance of sufficient
provocation on the part of the offended party
Justifying
immediately precededvs. Exempting
the act.
Circumstances
Distinguish (2004)
clearly but briefly: Between
justifying and exempting circumstances in
criminal law.
SUGGESTED ANSWER:
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%]
SUGGESTED ANSWER:
1. In Justifying
The circumstance affects the act, not the
Circumstances:
actor;
The act is done within legal bounds, hence
considered as not a crime;
Since the act is not a crime, there is no
criminal nor civil liability. Whereas,
criminal;
in an Exempting
There being no crime nor criminal, there is no
The circumstance affects the actor, not the
Circumstances:
act;
The act is felonious and hence a crime but the
actor acted without voluntariness;
Although there is a crime, there is no criminal
because the actor is regarded only as an
instrument of the crime;
There being a wrong done but no criminal.
Criminal Law Bar Examination Q & A (1994-2006) 21 of 86 20 of 86
A may,
killed thehowever,
latter. Upon invoke the benefit
investigation by of thethe
Justifying; SD; Defense of Honor; mitigating
police who thereafter
circumstance arrived of having
at the scene acted of in
Requisites
One night, (1998)
Una, a young married woman, immediate
the shooting, vindication
it was discoveredof a grave thatoffense
the to
was sound asleep in her bedroom when she a descendant,
victim was unarmed. his daughter,
When prosecuted under par. for 5,
felt a man on top of her. Thinking it was her Article 13the
homicide, of security
the Revised guard Penal claimed Code,
that he as
husband Tito, who came home a day early Justifying;
amended.
merely acted inDefense self-defenseofof property and
from his business trip, Una let him have sex Stranger
A chanced
in the (2002)
performance upon ofthree his duty men as awho security were
with her. After the act, the man said, "I hope attacking B with fist blows.
guard. If you were the judge, would you C, one of the men,
you enjoyed it as much as I did." Not SUGGESTED
was about ANSWER:
toofstab B with a knife. Not knowing
convict him homicide? Explain.
Yes. I would
that B was actually convict thethe securitybecause
aggressor guard for he
recognizing the voice, it dawned upon Lina
Homicide
had earlier challenged the three men tohisa
if I were the Judge, because
that the man was not Tito, her husband.
claim
fight, A ofshot
having C asacted in defense
the latter was about of property
to stab
Furious, Una took out Tito's gun and shot the
SUGGESTED ANSWER: and in performance of
B. May A invoke the defense of a stranger a duty cannot fully be as
man. Charged with homicide Una denies
No, Una's claim that she acted in defense of justified.
SUGGESTED
a justifying Even
ANSWER: assuming that
circumstance in his thefavor?
victimWhy? was
culpability on the ground of defense of Yes. Athe may
honor, is not tenable because the unlawful scaling
(2%) wall of invoke the factory thecompound justifying to
honor. Is her claim tenable? [5%] circumstance of defense of stranger
aggression on her honor had already ceased. commit a crime inside the same, since shooting he
Defense of honor as included in self-defense, was is
him notnever
involved in the even
justifiable, fight and admittinghe shot thatC
must have been done to prevent or repel an when act
such the is latter was about
considered to stabaggression
unlawful B. There
unlawful aggression. There is no defense to being
on no indication
property rights. Inthat People A was induced 121
vs. Narvaes, by
speak of where the unlawful aggression no revenge,
SCRA 329, a resentment
person is justified or anyto other defendevil his
Justifying;
longer exists.Defense of Honor; motive inrights,
property shooting but all C, the his elements
act is justified of self-
Elements
Osang, a (2000)
married woman in her early under parunder
defense 3, ArticleArt. 11, 11 of must the be Revised
present. Penal In
twenties, was sleeping on a banig on the floor Justifying;
Code, as amended. Fulfillment of Duty;
the instant case, just like in Narvaes, the
of their nipa hut beside the seashore when Requisites
Lucresia, a store (2000) owner, was robbed of her
second element (reasonable necessity of the
she was awakened by the act of a man Justifying;
bracelet in her SD;home. Defense The of Property;
following day, at
means employed) is absent. Hence, he
mounting her. Thinking that it was her Requisites
The
aboutaccused
5 o'clock (2003)lived
in the with afternoon, his family a neighbor, in a
should be convicted of homicide but entitled
husband, Gardo,who had returned from neighborhood
22-year old Jun-Jun, that often who was had the scene of
an unsavory
to incomplete self-defense.
fishing in the sea, Osang continued her sleep frequent
reputation,robberies.came to herAtstore oneto buy time,bottles past
but allowed the man, who was actually their midnight,
of beer. Lucresiathe accused noticed went herdownstairs
bracelet wound with a
neighbor, Julio, to have sexual intercourse loaded
around gun the right to investigate
arm of Jun-Jun. what As he soon thought as
with her. After Julio satisfied himself, he said were footsteps
the latter left, of an uninvited
Lucresia went toguest. a nearby After
"Salamat Osang" as he turned to leave. Only seeing what appeared
police station and sought to the him help an armed of a
then did Osang realize that the man was not stranger
policemanlooking on duty, around Pat.and Willieout Reyes.
to rob He the
her husband. Enraged, Osang grabbed a house, he fired his gun
went with Lucresia to the house of Jun-Jun toseriously injuring the
balisong from the wall and stabbed Julio to man.
confront When the the lights
latter. Pat. were Reyes turned on, the
introduced
SUGGESTED ANSWER:
death. When tried for homicide, Osang unfortunate
himself as a victim policeman turned and outtriedto be toaget brother-
hold
No, Osang"s claim of defense of honor should
claimed defense of honor.the
Should the claim in-law
of Jun-Junon his who way to the and
resisted kitchen ran to get some
away. Pat.
not be sustained because aggression on SUGGESTED ANSWER:
be light
Reyes snacks.
chased Thehim accused
and firedwas two indicted
warning for
hersustained?
honor hadWhy?
ceased(5%)
when she stabbed the The accused should be convicted because,
serious
shots in physical
the air. injuries.
Jun-Jun
even assuming the facts to be true in his Should
continued the to accused,
run and
aggressor. In defense of rights under
given
when
belief, he the
his was circumstances,
act about
of 7 meters
shooting be convicted
a burglar away,when Pat, or
paragraph 1, Art. 11 of the RPC, It is required
acquitted?
Reyes shot Why?
him 4%
in the right
there is no unlawful aggression on his person leg. Jun-Jun was
inter alia that there be (1) unlawful
aggression, and (2) reasonable necessity of hit
is and
not he fell down
justified. but he crawled
Defense of property towards or
the means employed to prevent or repel it. a
property right does not justify the act an
fence, intending to pass through of
The unlawful aggression must be continuing opening
firing a gun underneath.
at a burglar When unlessPat. the Reyes was
life and
Justifying; Defense
when the aggressor wasof Honor;
injured or disabled about
limb of5 the meters accused away,is he fired another
already in imminent shot
Requisites
When
But if the
A (2002)
arrived
aggression
home, that
he
by the person making a defense. found
was begun
B rapingby the
his at Jun-Jun
and hitting him
immediate at the right
danger. Although lower hip. the
daughter.
injured or Upon
disabled
seeingparty
A, Balready
ran away.ceased
A took
to Pat. Reyes
ALTERNATIVE
SUGGESTED
accused brought
ANSWER:
ANSWER:
acted out ofJun-Jun to the hospital,
a misapprehension of
Considering
No, the given circumstances, namely;
his gun
exist when
and the
shotaccused
B, killingattacked
him. Charged
him, aswith
in the the
but facts,defense
because he is of notPat. Reyes isbleeding,
profuse
absolved not tenable.
from criminal he
homicide,
the case Aatclaimed
bar, the he acted
attackinmadedefense is of
a the
The frequent
defense
eventually died. robberies
of
Pat having
Reyes in the was neighborhood,
acted in the
subsequently
liability.
his daughter's
retaliation, andhonor.
not a Isdefense.
A correct?Paragraph
If not, can
1, the time with
fulfillment
charged was past
duty midnight,
of ahomicide. requires
During asandthe the
a condition,
trial,victim
Pat
A claim
Article 11 of
thethe benefit
Code does of not
any govern.
mitigating appeared
inter
Reyes alia, to be
raised that an
thearmed
thedefense, burglar
injury orin way
by the
offensedark
of
Hence,
SUGGESTED Osang's
circumstance or act
ANSWER: of stabbing Julio
circumstances? (3%)to death and inside his
committed
exoneration, bethat house,
the he the accused
unavoidable
acted in the could
or necessary have
fulfillment
No, Athe
after cannot
sexual validly invoke was
intercourse defense of his
finished, is entertained
of a duty. Isanof
consequence honest
the the due
defense belief that his Explain.
performance
tenable? life and
of the
daughter's
not defense honor
of in having
honor butkilled
an Bimmediate
since the limb
(3%) (People vs. Oanis, et.al., 74 Phil. 257). It isin
duty or those of his family are already
rape was already
vindication consummated;
of a grave moreover,
offense committed immediate
not enoughand thatimminent
the accused danger. acted Hence,init
B already
against her,ran away,
which hence,
is only there was no
mitigating. After
may Jun-Jun
be reasonable
fulfillment of a duty. was shotto in
acceptthe right
that leg acted
he and
aggression
Justifying; toSD; defend againstofand
Defense no defense
Property; wasof
out already
an honest crawling,
mistake there wasand
of fact no need thereforefor
to
Requisites
speak of. (1996)
A security guard, upon seeing a man scale Pat, Reyes
without to shoot
criminal him An
intent. further.
honest Clearly,
mistake Pat.of
the wall of a factory compound which he was Reyesnegatives
fact acted beyond the call
criminal intentof duty andwhich thus
guarding, shot and brought
absolves about the accused the cause from criminalof death of the
liability.
victim.
Criminal Law Bar Examination Q & A (1994-2006) 22 of 86
Qualifying; Elements of a a) Jonas and Jaja, can be charged with the
Crimewould
When (2003) qualifying circumstances be complex crime of attempted murder with
deemed, if at all, elements of a crime? 4% homicide because a single act caused a less
SUGGESTED ANSWER: grave and a grave felony (Art. 48. RPC)....
A qualifying circumstance would be deemed b) If I were Jonas' and Jaja's lawyer, I will use
an element of a crime when - the following defenses:
it changes the nature of the crime, bringing about That the accused had no intention to
a more serious crime and a heavier penalty; commit so grave a wrong as that
it is essential to the crime involved, otherwise committed as they merely intended to
some other crime is committed; and frighten Jepoy;
it is specifically alleged in the Information and That Jonas committed the crime in a state
proven during the trial. of intoxication thereby impairing his will
ALTERNATIVE ANSWER:
A qualifying circumstance is deemed an power or capacity to understand the
element of a crime when it is specifically wrongfulness of his act. Non-intentional
stated by law as included in the definition of intoxication is a mitigating circumstance
a crime, like treachery in the crime of (People us. Fortich, 281 SCRA 600 (1997); Art.
Mitigating; Plea of
15, RPC.).
murder. Guilty
An (1999) charged with the crime of
accused
homicide pleaded "not guilty" during the
MITIGATING CIRCUMSTANCES preliminary investigation before the
Municipal Court. Upon the elevation of the
Mitigating; Non- case to the Regional Trial Court the Court of
Intoxication
Despite (2000)advertising campaign in
the massive competent jurisdiction, he pleaded guilty
media against firecrackers and gun-firing freely and voluntarily upon arraignment.
during the New Year's celebrations, Jonas and Can his plea of guilty before the RTC be
Jaja bought ten boxes of super lolo and pla- considered spontaneous and thus entitle him
SUGGESTED ANSWER:
pla in Bocaue, Bulacan. Before midnight of to the mitigating circumstance of
Yes, his plea of guilty before the Regional
December 31, 1999, Jonas and Jaja started spontaneous plea of guilty under Art. 13(7),
Trial Court can be considered spontaneous,
their celebration by having a drinking spree RPC? (3%)
for which he is entitled to the mitigating
at Jona's place by exploding their high-
circumstance of plea of guilty. His plea of not
powered firecrackers in their neighborhood.
guilty before the Municipal Court is
In the course of their conversation, Jonas
immaterial as it was made during preliminary
confided to Jaja that he has been keeping a
investigation only and before a court not
long-time grudge against his neighbor Jepoy Mitigating; Plea judgment.
of Guilty;
competent to render
in view of the latter's refusal to lend him Requisites
In order that (1999)
the plea of guilty may be
some money. While under the influence of mitigating, what requisites must be
liquor, Jonas started throwing lighted super complied with?
SUGGESTED (2%)
ANSWER:
lolos inside Jepoy's fence to irritate him and For plea of guilty to be mitigating, the
the same exploded inside the latter's yard. That the accused
requisites are: spontaneously pleaded
Upon knowing that the throwing of the super guilty to the crime charged;
lolo was deliberate, Jepoy became furious and That such plea was made before the court
sternly warned Jonas to stop his malicious act competent to try the case and render
or he would get what he wanted. A heated judgment; and
argument between Jonas and Jepoy ensued That such plea was made prior to the
but Jaja tried to calm down his friend. At presentation of evidence for the prosecution.
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
could have continued to elude arrest. spontaneous, i.e., indicative of
Accordingly, the surrender of the accused acknowledgment of guilt and not for
should be considered mitigating because it convenience nor conditional;
was done spontaneously, indicative of the made before the government incurs
remorse or repentance on the part of said expenses, time and effort in tracking down
accused and therefore, by his surrender, the the offender's whereabouts; and
ALTERNATIVE
accused saved ANSWER:the Government expenses, made to a person in authority or the latter's
Voluntary surrender may not be appreciated
efforts, and time.
in favor of the accused. Two years is too long
agents. AGGRAVATING
a time to consider the surrender as CIRCUMSTANCES
spontaneous (People us. Ablao, 183 SCRA 658) .
For sure the government had already incurred Aggravating
considerable efforts and expenses in looking Circumstances
Jose, (1996)and Fernando, armed
Domingo, Manolo,
for the accused. with bolos, at about one o'clock in the
Plea of guilty can no longer be appreciated morning, robbed a house at a desolate place
as a mitigating circumstance because the where Danilo, his wife, and three daughters
prosecution had already started with the were living. While the four were in the
presentation of its evidence (Art. 13, par. 7. process of ransacking Danilo's house,
Revised Penal Code). Fernando, noticing that one of Danilo's
Mitigating; Voluntary daughters was trying to get away, ran after
Surrender
Hilario, upon (1996)
seeing his son engaged in a her and finally caught up with her in a thicket
scuffle with Rene, stabbed and killed the somewhat distant from the house. Fernando,
latter. After the stabbing, he brought his son before bringing back the daughter to the
home. The Chief of Police of the town, What
house,crime
rapeddidher
Jose, Domingo,
first. Manolo
Thereafter, and
the four
accompanied by several policemen, went to Fernando commit? Explain.
carted away the belongings of Danilo and his
Hilario's house, Hilario, upon seeing the Suppose,
family. after the robbery, the four took
approaching policemen, came down from his turns in raping the three daughters of Danilo
house to meet them and voluntarily went inside the latter's house, but before they left,
with them to the Police Station to be they killed the whole family to prevent
investigated in connection with the killing. identification, what crime did the four
When eventually charged with and convicted commit? Explain.
of homicide, Hilario, on appeal, faulted the Under the facts of the case, what aggravating
SUGGESTED ANSWER:
trial circumstances may be appreciated against
Yes, court
Hilariofor isnotentitled
appreciating
to the in mitigating
his favor
SUGGESTED ANSWER:
the mitigating circumstance of voluntary the four? Explain.
circumstance of voluntary surrender. The crux a) Jose, Domingo, and Manolo committed
surrender.
of the issue Is he entitled to
is whether thesuch
facta that
mitigating
Hilario Robbery, while Fernando committed complex
circumstance? Explain.
went home after the incident, but came down crime of Robbery with Rape...
and met the police officers and went with
them is considered "Voluntary surrender," The b) The crime would be Robbery with Homicide
voluntariness of surrender is tested if the because the killings were by reason (to
same is spontaneous showing the intent of prevent identification) and on the occasion of
the accused to submit himself unconditionally the robbery. The multiple rapes committed
to the authorities. This must be either (a) and the fact that several persons were killed
because he acknowledges his guilt, or (b) [homicide), would be considered as
because he wishes to save them the trouble aggravating circumstances. The rapes are
and expenses necessarily incurred in his synonymous with Ignominy and the additional
Mitigating; Plea ofwith Guilty; Voluntary
search and capture. (Reyes' Commentaries, p. killing synonymous cruelty, (People vs.
Surrender
After killing (1997)
the victim, the accused
303). Thus, the act of the accused in hiding Solis, 182 SCRA; People vs. Plaga, 202 SCRA 531)
c) The aggravating
absconded. circumstances
He succeeded in eluding which
the may
after commission of the crime, but voluntarily be considered
police until he in the premises
surfaced are:
and surrendered to
went with theVoluntary
Mitigating; policemen who had gone to his
Surrender; the 1Band because
authorities aboutalltwo
the years
four offenders
later. are
hiding isplace
Elements
When to investigate,
(1999)
surrender was considered
by an accused held to be armed;
Charged with murder, he pleaded not guilty
mitigating
voluntary, circumstance.( People
and constitutive vs. Dayrit,
of the cited
mitigating but,2Noctumity because evidently
after the prosecution the
had presented two
in Reyes' Commentaries,
circumstance p. 299)
of voluntary surrender? (3%) offenders took advantage of nighttime;
witnesses implicating him to the crime, he
SUGGESTED ANSWER: 3dwelling; andto that of guilty. Should the
changed his plea
A surrender by an offender is considered 4Uninhabited place because the house
mitigating circumstances of voluntary
voluntary when it is spontaneous, indicative SUGGESTED
where theANSWER:
crimes
surrender and plea ofwere
guiltycommitted was "at
be considered in
Voluntary surrender
place" should
of an intent to submit unconditionally to the be considered as
favora desolate
of the accused? and obviously the
authorities. a mitigating circumstance.
offenders took advantage of thisAfter two years,
To be mitigating, the surrender must the circumstance
police were still unaware of the
in committing the crime.
be: 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.
SUGGESTED ANSWER:
Generic Aggravating
affects only the imposition of the penalty
Circumstances:
prescribed, but not the nature of the crime
committed;
can be offset by ordinary mitigating
circumstances;
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.
must be alleged in the Information and proven
Circumstances:
during trial;
cannot be offset by mitigating circumstances;
affects the nature of the crime or brings about a
penalty higher in degree than that ordinarily
prescribed.
Criminal Law Bar Examination Q & A (1994-2006) 24 of 86
25
again, of habitual delinquency. Is the appeal Aggravating; Must be alleged in the
meritorious? Explain. (5%) information
Would
Rico, a you
member say(2000)
that
of thethe killing
Alpha Rhowas attended
fraternity,
SUGGESTED ANSWER: by the by Pocholo,
was killed qualifying a memberor ofaggravating
the rival
No, the appeal is not meritorious. Recidivism circumstances
group, Sigma Phiof Omega.evidentPocholo premeditation,
was
and habitual delinquency are correctly SUGGESTED
prosecutedANSWER:
treachery, nighttime
for homicide andbefore
unlawful theentry?
Regional
considered in this case because the basis of 1. Evident
Trial Court premeditation
in Binan, Laguna. cannotDuringbe the trial,
recidivism is different from that of habitual considered
the prosecution againstwastheableaccused
to prove because
that the he
delinquency. resolved to kill the victim "later
killing was committed by means of poison in in the night"
Juan is a recidivist because he had been and there wasof noasufficient lapse of time
consideration promise or reward and
previously convicted by final judgment for between the Ifdetermination
with cruelty. you were theand Judge,execution,
with what to
theft and again found guilty for Robbery with allow his
SUGGESTED conscience
ANSWER: to overcome the
crime will you convict Pocholo? Explain. (2%)
Homicide, which are both crimes against 2. TREACHERY
Pocholo
resolution of hismay
should be be present
convicted
will. of because
the crimethe of
property, embraced under the same Title accused
homicidestabbed the victim
only because while the latter
the aggravating
(Title Ten, Book Two] of the Revised Penal was sound asleep.
circumstances whichAccordingly,
should qualify he employed
the
Code. The implication is that he is means
crime and
to methods
murder were which
not directly
alleged inandthe
specializing in the commission of crimes specially
Information. insured the execution of the act
against property, hence aggravating in the The circumstances
without risk himself of using
arising poison,
from the indefense
Habitual
conviction delinquency,
for Robbery which brings about an
with Homicide. consideration
which the victim of amight
promise have ormade
reward, and vs.
(People
additional penalty when an offender is cruelty which
Dequina. 60 Phil.attended
279 People thevs.killing
Miranda, of Ricoet at.
convicted a third time or more for specified 3. Nighttime
could
90 91). becannot
Phil.only be appreciated
appreciated as genericbecause
crimes, is correctly considered ... there is no showing
aggravating that thesince
circumstances accused none of
Aggravating; Recidivism vs. Kinds
Aggravating Circumstances; Quasi- & deliberately
them have been sought or availed
alleged in theof nighttime to
information to
Recidivism
Distinguish
Penalties
Name (1998)
between
the (1999)
four recidivism
(4) kinds and quasi-
of aggravating insure
qualify the
the success
killing toofmurder.
his act. AThe Intention to
qualifying
recidivism.
circumstances [2%]and state their effect on the commit
circumstancethe crimemustwas conceived
be alleged shortly
in the
SUGGESTED
penalty of ANSWER:
crimes and nature thereof. (3%) before its commission
Information and proven(Peoplebeyond vs reasonable
Pardo. 79
In recidivism - Aggravating; Nighttime;
Moreover, nighttime is absorbed
SUGGESTED ANSWER: Phil,
doubt 568).
during the trial to be appreciated as in
1The convictions
The four (4) kindsofofthe offender are
aggravating for crimes
circumstances 4.
Band
At UNLAWFUL
about(1994)
treachery. 9:30 ENTRY
in the may be appreciated
evening, while Dino as
and
such.
1)
embraced
are: GENERIC
in the AGGRAVATING
same Title of the orRevised
those thatPenal an
Raffyaggravating
were walking circumstance,
along Padre inasmuch
Faura Street, as
Code; and
can generally apply to all crimes, and can be the accused
Manila. Johnny entered
hit themthewith
room a of
rocktheinjuring
victim
offset circumstance
2This by mitigating is circumstances,
generic aggravatingbut if not
and through the window, which
Dino at the back. Raffy approached Dino, is not the properbut
therefore
offset, would can affect
be effectonlyby anmaximum
the ordinary mitigating
of the place for entrance into the
suddenly, Bobby, Steve, Danny and Nonoy house ( Art. 14. par.
penalty prescribed by law;
circumstance. 18. Revised Penal
surrounded Code,Then
the duo. People vs. Baruga
Bobby stabbed 61 Phil.
2) SPECIFIC AGGRAVATING or those that 318).
Dino. Steve, Danny, Nonoy and Johnny kept
Whereas
apply only in quasi-recidivlsm
to particular crimes - and cannot
on hitting Dino and Raffy with rocks. As a
1The convictions
be offset are not
by mitigating for crimes embraced in
circumstances: result. Dino died, Bobby, Steve, Danny,
3) same
the QUALIFYING
Title of the Revised
CIRCUMSTANCES
Penal Code, provided
or
Nonoy and Johnny were charged with
that
thoseit that
is a felony
changethat thewas committed
nature by the
of the crime to
homicide. Can the court appreciate the
a graver before
offender one, orserving
brings sentence
about a penalty
by finalnext
judgment SUGGESTED ANSWER:
aggravating
No, nighttimecircumstances of nighttime
cannot be appreciated and
as an
for another
higher crime orand
in degree, while serving
cannot besentence
offset by for
4) INHERENT band?
mitigating
another crime; and AGGRAVATING or those
circumstances; aggravating circumstance because there is
that essentially
2This circumstance accompany
is a special the commission
aggravating no indication that the offenders deliberately
of the crime and
circumstance which does not affect
cannot be offsetthebypenalty
any sought the cover of darkness to facilitate the
whatsoever.
mitigating circumstance. commission of the crime or that they took
Aggravating; Cruelty; advantage of nighttime (People vs. De los
Relationship
Ben, a widower, (1994)
driven by bestial desire, Reyes, 203 SCRA 707). Besides, judicial notice
Aggravating;
poked a gun on his Treacherydaughter Zeny, forcibly& can be taken of the fact that Padre Faura
Unlawful
The accused
undressed Entry
herand
and(1997)
the victim
tied occupied
her legs to theadjacent
bed. However, band should be considered as the
Street is well-lighted.
apartments,
He also burned each
her being
face witha separate
a lighteddwelling crime was committed by more than three
unit of oneLike
cigarrete. big ahouse.
madman, The heaccused
laughed suspected
while armed malefactors; in a recent Supreme
his wifeher.
SUGGESTED
raping ofANSWER:
having
What an illicit relation
aggravating with the
circumstances Court decision, stones or rocks are
a) Cruelty,
victim. One for burning
afternoon,
are present in this case? the
he victim's
saw the face
victim with
and considered deadly weapons.
a
his lighted cigarrete,
wife together thereby
on board deliberately
a vehicle. In the Aggravating;
augmenting
evening of that theday,victim's suffering
the accused went bytoacts
bed Recidivism
Juan de Castro (2001)
already had three (3) previous
clearly
early and unnecessary
tried to sleep, to but
the being
rape, so while the
annoyed convictions by final judgment for theft when
offender delighted and
over the suspected enjoyed
relation between seeing
his the
wife he was found guilty of Robbery with
victim suffer in pain (People
and the victim, he could not sleep. Later invs. Lucas, 181 Homicide. In the last case, the trial Judge
b)
SCRARelationship,
316). because the offended party considered against the accused both
the night, he resolved to kill victim. He rose
is a descendant (daughter) of the offender recidivism and habitual delinquency. The
from bed and took hold of a knife. He entered
and considering that the crime is one against accused appealed and contended that in his
the apartment of the victim through an
chastity. last conviction, the trial court cannot consider
unlocked window. Inside, he saw the victim
soundly asleep. He thereupon stabbed the against him a finding of recidivism and,
victim, inflicting several wounds, which
caused his death within a few hours.
Criminal Law Bar Examination Q & A (1994-2006) 26 of 86
Road, Las Pinas, Metro Manila. She testified accused, who is not a principal or accomplice
during the trial that she merely bought the in the crime, buys, receives, possesses,
same from one named Cecilino and even keeps, acquires, conceals, or disposes, or
produced a receipt covering the sale. buys and sells, or in any manner deals in any
Cecilino, in the past, used to deliver to her article, item , object or anything of value,
jewelries for sale but is presently nowhere to which has been derived from the proceeds of
be found. Convicted by the trial court for said crime;
s
violation of the Anti-Fencing Law, she argued the accused knows or should have known
(or her acquittal on appeal, contending that that said article, item, object or anything of
the prosecution failed to prove that she value has been derived from the from the
SUGGESTED ANSWER:
knew or should have known that the proceeds of the crime of robbery or theft;
No, Flora's defense is not well-taken because
Jewelries recovered from her were the a
and
mere possession of any article of value which
proceeds of the crime of robbery or theft. there is on the part of the accused, intent to
has been the subject of theft or robbery shall
gain for himself or for another.
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,
Anti-Fencing she Law;
shouldFencing
have vs.
followed
Theft the
administrative
or Robbery (1995) between a fence decree
procedure under the
What is the difference 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
SUGGESTED ANSWER: liability.
One difference between a fence and an ALTERNATIVE
accessory to theft or robbery is the penalty
involved; a fence is punished as a principal CIRCUMSTANCES
under P.D. No. 1612 and the penalty is
higher, whereas an accessory to robbery or Alternative Circumstances;
theft under the Revised Penal Code is Intoxication
A was invited (2002)
to a drinking spree by friends.
punished two degrees lower than the After having had a drink too many, A and B
principal, unless he bought or profited from had a heated argument, during which A
the proceeds of theft or robbery arising from stabbed B. As a result, B suffered serious
robbery in Philippine highways under P.D. physical injuries. May the intoxication of A
SUGGESTED ANSWER:
be considered aggravating or mitigating?
No. 532 where he is punished as an The intoxication of A may be prima facie
Also, fencinghence
accomplice, is a themalum prohibitum
penalty and
is one degree (5%)
therefore there is no need to prove criminal considered mitigating since it was merely
lower. incidental to the commission of the crime. It
intent of the accused; this is not so in
SUGGESTED ANSWER:
violations of Revised Penal Code. may not be considered aggravating as there
Yes, there is a similarity in the sense that all is no clear indication from the facts of the
the acts of one who is an accessory to the case that it was habitual or intentional on the
crimes of robbery or theft are included in the part of A. Aggravating circumstances are not
acts defined as fencing. In fact, the to be presumed; they should be proved
accessory in the crimes of robbery or theft PERSONS
beyond Criminally
reasonable doubt Liable for
could be prosecuted as such under the
Revised Penal Code or as a fence under P.D.
FELONIES
No. 1612. (Dizon-Pamintuan vs. People, 234
Anti-Fencing Law; Fencing; Anti-Fencing Law;
SCRA 63]
Elements
What are(1995)
the elements of Fencing
Flora, who(1996)
was engaged in the purchase and
fencing?
SUGGESTED ANSWER: sale of jewelry, was prosecuted for the
The elements of fencing are: violation of P.D. 1612, otherwise known as
a. a crime of robbery or theft has been the Anti-Fencing Law, for having been found
committed; to be in possession of recently stolen Jewelry
valued at P100,000.00 at her jewelry shop at
Zapote
Criminal Law Bar Examination Q & A (1994-2006) 27 of 86
held liable as an accessory. Will MCB's because he also had his own long-standing
defense prosper? Reason briefly. (5%) grudge against C, who had wronged him in
SUGGESTED ANSWER: the past. If C is killed by B, would A be liable
No, MCB's defense will not prosper because SUGGESTED
as a principal ANSWER:
by inducement? (5%)
the exemption from criminal liability of an No. A would not be liable as a principal by
accessory by virtue of relationship with the inducement because the reward he promised
principal does not cover accessories who B is not the sole impelling reason which made
themselves profited from or assisted the B to kill C. To bring about criminal liability of a
offender to profit by the effects or proceeds co-principal, the inducement made by the
of the crime. This non-exemption of an inducer must be the sole consideration which
accessory, though related to the principal of caused the person induced to commit the
the crime, is expressly provided in Art. 20 of crime and without which the crime would not
Criminal
the Revised Liability; Principal by Direct
Penal Code. have been committed. The facts of the case
Participation; Co-Principal by Criminalthat
indicate Liability; Accessories
B, the killer supposedly & induced
Indispensable
Despite the massive
Cooperation
advertising (2000)
campaign in Fence
King
by A, went
had(1998)
histoown
the reason
house to of kill
Laura
C outwho of awas
media against firecrackers and gun-firing Criminal
alone.
long Liability;
Laura
standing offered
grudge. Principal;
him a drink and after
during the New Year's celebrations, Jonas and Inducement
consuming three & Participation
bottles of beer. (1994)
King made
Jaja bought ten boxes of super lolo and pla- Tata ownsto
advances a three-storey
her and withbuilding
force and located at
violence,
pla in Bocaue, Bulacan. Before midnight of No. 3 Herran
ravished her. Street.
Then KingPaco, Manila.
killed Laura Sheandwanted
took
December 31, 1999, Jonas and Jaja started to
herconstruct
jewelry. a new building but had no money
their celebration by having a drinking spree to finance
Doming, King's the construction.
adopted So, she insured
brother, learned
at Jona's place by exploding their high- the
aboutbuilding for P3,000,000.00.
the incident. He went to Laura'sShe then house,
powered firecrackers in their neighborhood. urged
hid herYoboy
body,and Yongsi,
cleaned for monetary
everything and washed
In the course of their conversation, Jonas consideration,
the bloodstainstoinside burn theher room.
building so she
confided to Jaja that he has been keeping a Later, collect
could King gave Jose, his legitimate
the insurance proceeds. brother,
Yoboy
long-time grudge against his neighbor Jepoy one Yongsi
and piece ofburnedjewelry belonging
the to Laura.
said building Jose
resulting
SUGGESTED
knew that ANSWER:
the jewelry
in view of the latter's refusal to lend him to its total loss. What iswas theirtaken from Laura
respective
Tata is a principal by inducement because
some money. While under the influence of but nonetheless
criminal liability?he sold it for P2,000.
she directly induced Yoboy and Yongsi, for a
liquor, Jonas started throwing lighted super price
lolos inside Jepoy's fence to irritate him and What or monetary
crime consideration,
or crimes to commit
did King, Doming and
arson which the latter would not have
Jose commit? Discuss their criminal liabilities.
the same exploded inside the latter's yard. committed were it not for such reason.
SUGGESTED
[10%] ANSWER:
Upon knowing that the throwing of the super King committed
Yoboy and Yongsi thearecomposite
principalscrime of Rape
by direct
lolo was deliberate, Jepoy became furious and with homicide(Art.
participation as 17,
a single
pars. 21 indivisible
and 3, RPC). offense,
sternly warned Jonas to stop his malicious act Destructive
not a complex crime, and Theft. ...
or he would get what he wanted. A heated Arson
Tata owns (1994)a three-storey building located at
argument between Jonas and Jepoy ensued No. 3 Herran
Doming's acts, Street. Paco, Manila.
having been done She wanted
with
but Jaja tried to calm down his friend. At to construct a new building
knowledge of the commission of the but had no money
crime
midnight, Jonas convinced Jaja to lend him his to
andfinance
obviouslythe construction.
to conceal the So, she
body insured
of the
.45 caliber pistol so that he could use it to the building for P3,000,000.00.
crime to prevent its discovery, makes him an She then
knock down Jepoy and to end his arrogance. urged
accessoryYoboy to and Yongsi,
the crime offor
rapemonetary
with homicide
Jonas thought that after all, explosions were consideration, to burn her
under Art. 19, par. 2 of the Rev. Penalbuilding so sheCode,
everywhere and nobody would know who could
but he collect the insurance
is exempt from proceeds.
criminal Yoboyliability
shot Jepoy. After Jaja lent his firearm to Jonas, and Yongsi
therefor burned
under the 20
Article saidofbuilding
the Code, resulting
being
SUGGESTED
Jose incurs ANSWER:
criminal liability
the latter again started started throwing to
an its total
adopted loss. What
brother ofcrime
the did either
Tata, Yoboy
principal. as an
Tata, Yoboy and Yongsi committed the crime
lighted super lolos and pla-plas at Jepoy's accessory
and Yongsito the crime of theft committed by
commit?
of destructive arson because they collectively
SUGGESTED
yard in orderANSWER:
to provoke him so that he would King, or as fence. Although he is a legitimate
Icome
would convict caused the destruction of property by means
out of his Jonas
house. asWhen
principal
Jepoy bycame
directout, brother of King, the exemption under Article
participation and Jaja as co-principal by.45 of fire under the circumstances which
Jonas immediately shot him with Jaja's 20 does not include the participation he did,
Indispensable cooperation for the complex exposed to danger the life or property of
caliber gun but missed his target. Instead, the because he profited from the effects of such
crime others (Art, 320, par. 5, RPC. as amended by RA
bullet of
hitmurder
Jepoy's with homicide.
five year old son Jaja should
who was theft by selling the jewelry knowing that the
be No. 7659).
following behind him, killing the boy only as
held liable as co-principal and not same was taken from Laura. Or Jose may be
an accomplice because
instantaneously, he knew
If you were of Jonas'
the Judge, how prosecuted for PENALTIES
fencing under the Anti-
criminal
would you decide the case? Explain.his
design even before he lent (1%) Fencing Law of 1979 (PD No. 1612) since the
firearm to Jonas and still he concurred in that Complex Crime vs. Compound
jewelry was the proceeds of theft and with
Crime
Distinguish
Criminal (2004) clearly butNon-Exemption
Liability; briefly: Between
criminal design by providing the firearm.
Criminal Liability; Principal by intent to gain, he received it from Kingas and
compound
Accessory
DCB, the and complex
(2004)
daughter of MCB, crimes
stoleastheconcepts
earrings
Inducement
A (2002)
asked B to kill C because of a grave sold it.
in the
XYZ,Penal
SUGGESTED
of Code. MCB pawned the earrings
ANSWER:
a stranger.
injustice done to A by C. A promised B a COMPOUND
with TBI Pawnshop CRIMES result
as a when pledge theforoffender
P500
reward. B was willing to kill C, not so much committed only a single
loan. During the trial, MCB raised felonious act fromthe
because of the reward promised to him but which
defense two or being the mother of DCB, she
that
cannot be
Criminal Law Bar Examination Q & A (1994-2006) 28 of 86
more crimes resulted. This is provided for in Aberratio ictus or mistake in the blow occurs
modified form in the first part of Article 48, when a felonious act missed the person
Revised Penal Code, limiting the resulting against whom it was directed and hit instead
crimes to only grave and/or less grave somebody who was not the intended victim.
felonies. Hence, light felonies are excluded Error in personae, or mistake in identity
even though resulting from the same single occurs when the felonious act was directed
COMPLEX
act. CRIMES result when the offender at the person intended, but who turned out
has to commit an offense as a necessary to be somebody else. Aberratio ictus brings
means for committing another offense. Only about at least two (2) felonious
one information shall be filed and if proven, consequence, ie. the attempted felony on
the penalty for the more serious crime shall the intended victim who was not hit and the
be imposed. felony on the unintended victim who was hit.
Complex Crime vs. Special Complex
A complex crime of the first form under Art.
Crime vs. Delito Continuado (2005) Complex Crime; Aberratio Ictus,
48, RPC generally result. In error in personae
Distinguish the following from each Error In Personae & Praeter
only one crime is committed
other:
SUGGESTED ANSWER: Intentionem (1999)
What do you understand by aberratio ictus:
An ORDINARY COMPLEX CRIME is made up of error in personae; and praeter intentionem?
two or more crimes being punished in Do they alter the criminal liability of an
distinct provisions of the Revised Penal Code SUGGESTED ANSWER: (4%)
accused? Explain.
but alleged in one information either because ABERRATIO ICTUS or mistake in the blow
they were brought about by a single occurs when the offender delivered the blow
felonious act or because one offense is a at his intended victim but missed, and
necessary means for committing the other instead such blow landed on an unintended
offense or offenses. They are alleged in one victim. The situation generally brings about
information so that only one penalty shall be complex crimes where from a single act, two
imposed. As to penalties, ordinary complex or more grave or less grave felonies resulted,
crime, the penalty for the most serious crime namely the attempt against the intended
A SPECIAL
shall COMPLEX
be imposed and inCRIME, on the
its maximum other
period victim and the consequence on the
hand, is made up of two or more crimes unintended victim. As complex crimes, the
which are considered only as components of penalty for the more serious crime shall be
a single indivisible offense being punished in the one imposed and in the maximum
one provision of the Revised Penal Code. As period. It is only when the resulting felonies
to penalties, special complex crime, only one are only light that complex crimes do not
penalty is specifically prescribed for all the ERROR IN PERSONAE or mistake in identity
result and the penalties are to be imposed
component crimes which are regarded as occurs when the offender actually hit the
distinctly for each resulting crime.
one indivisible offense. The component person to whom the blow was directed but
crimes are not regarded as distinct crimes turned out to be different from and not the
and so the penalty for the most serious crime victim intended. The criminal liability of the
is not the penalty to be imposed nor in its offender is not affected, unless the mistake
maximum period. It is the penalty specifically in identity resulted to a crime different from
provided for the special complex crime that what the offender intended to commit, in
DELITO CONTINUADO, or CONTINUOUS CRIME, which case the lesser penalty between the
shall be applied according to the rules on
is a term used to denote as only one crime a crime intended and the crime committed
imposition of the penalty.
series of felonious acts arising from a single shall be imposed but in the maximum period
criminal resolution, not susceptible of division, PRAETER INTENTIONEM or where the
(Art. 49, RFC).
which are carried out in the same place and at consequence went beyond that intended or
about the same time, and violating one and expected. This is a mitigating circumstance
the same penal provision. The acts done must (Art. 13. par. 3, RPC) when there is a
be impelled by one criminal intent or purpose, notorious disparity between the act or means
such that each act merely constitutes a partial employed by the offender and the resulting
execution of a particular crime, violating one felony, i,e., the resulting felony could not be
and the same penal provision. It involves a reasonably anticipated or foreseen by the of
concurrence of felonious acts violating a fender from the act or means employed by
Complex
him. Crime; Aberratio Ictus;
common right, a common penal provision, and
Attempted Murder with Homicide
Impelled
Complexby a single
Crime; criminal impulse
Aberratio (People
ictus vs. (2000)
Despite the massive advertising campaign in
vs. Ledesma, 73 SCRA (1994)
77).
error in personae media against firecrackers and gun-firing
Distinguish aberratio ictus from error in during the New Year's celebrations, Jonas and
personae. ANSWER:
SUGGESTED Jaja bought ten boxes of super lolo and pla-
pla in Bocaue, Bulacan. Before midnight of
December 31, 1999, Jonas and Jaja started
their
Criminal Law Bar Examination Q & A (1994-2006) 29 of 86
celebration by having a drinking spree at Complex Crimes; Coup d’etat &
Jona's place by exploding their high-powered rebellion & sedition (2003)
firecrackers in their neighborhood. In the 1) Can there be a complex crime of coup
course of their conversation, Jonas confided d'etat with rebellion? 2% 2) Can there be a
to Jaja that he has been keeping a long-time complex crime of coup d'etat with sedition?
grudge against his neighbor Jepoy in view of 2%
the latter's refusal to lend him some money. SUGGESTED ANSWER:
While under the influence of liquor, Jonas 1) Yes, if there was conspiracy between
started throwing lighted super lolos inside the offender/ offenders committing the coup
Jepoy's fence to irritate him and the same d'etat and the offenders committing the
exploded inside the latter's yard. Upon rebellion. By conspiracy, the crime of one
knowing that the throwing of the super lolo would be the crime of the other and vice
was deliberate, Jepoy became furious and versa. This is possible because the offender
sternly warned Jonas to stop his malicious act in coup d'etat may be any person or persons
or he would get what he wanted. A heated belonging to the military or the national
argument between Jonas and Jepoy ensued police or a public officer, whereas rebellion
but Jaja tried to calm down his friend. At does not so require. Moreover, the crime of
midnight, Jonas convinced Jaja to lend him his coup d'etat may be committed singly,
.45 caliber pistol so that he could use it to whereas rebellion requires a public uprising
knock down Jepoy and to end his arrogance. and taking up arms to overthrow the duly
Jonas thought that after all, explosions were constituted government. Since the two
everywhere and nobody would know who crimes are essentially different and punished
shot Jepoy. After Jaja lent his firearm to Jonas, with distinct penalties, there is no legal
2) Yes, coup d'etat can be complexed
the latter again started throwing lighted impediment to the application of Art. 48 of
with sedition because the two crimes are
super lolos and pla-plas at Jepoy's yard in the Revised Penal Code.
essentially different and distinctly punished
order to provoke him so that he would come under the Revised Penal Code. Sedition may
out of his house.
SUGGESTED ANSWER: When Jepoy came out, Jonas not be directed against the Government or
Jonas and Jaja,
immediately canhim
shot be with
chargedJaja'swith
.45the
caliber non-political in objective, whereas coup d'etat
complex crime of attempted murder
gun but missed his target. Instead, the with
bullet is always political in objective as it is directed
homicide
hit Jepoy's five year old son who was a less
because a single act caused against the Government and led by persons or
grave andbehind
following a grave felony
him, (Art.
killing the48.boyRPC). public officer holding public office belonging
Attempted murder is a less grave
instantaneously, a) What crime or crimes canfelony, to the military or national police. Art. 48 of the
while
Jonas consummated homicide
and Jaja be charged with? is Explain.
a grave (2%) ALTERNATIVE ANSWER:
Code may apply under the conditions therein
felony: both are punishable by afflictive The crime of coup d'etat cannot be
provided.
penalties. complexed with the crime of rebellion
Complex Crime; Doctrine of because both crimes are directed against the
Aberratio Ictus; Not Applicable Government or for political purposes,
(1996)
At the height of an altercation, Pedrito shot although the principal offenders are different.
Paulo but missed, hitting Tiburcio instead, The essence may be the same and thus
resulting in the death of the latter. Pedrito, constitute only one crime. In this situation,
invoking the doctrine of aberratio ictus, the two crimes are not distinct and therefore,
claims exemption from criminal liability. If may not be proper to apply Article 48 of the
SUGGESTED
you were the ANSWER:
judge, how would you decide Complex
Code. Crimes; Determination of
If I were
the case? the Judge, I will convict Pedrito and the
A, Crime (1999)
actuated by malice and with the use of a
find him guilty of the complex crime of fully automatic M-14 sub-machine gun, shot a
Homicide with Attempted Homicide. The group of persons who were seated in a cockpit
single act of firing at Paulo resulted in the with one burst of successive, continuous,
commission of two felonies, one grave automatic fire. Four (4) persons were killed
(homicide) and the other less grave thereby, each having hit by different bullets
(attempted homicide) thus falling squarely coming from the sub-machine gun of A. Four
under Art. 48, RPC; hence, the penalty would (4) cases of murder were filed against A. The
be for the more serious crime (homicide} in trial court ruled that there was only one crime
Aberratio
its maximum ictusperiod
(mistake
(17 in the 4
years blow) could
months and committed by A for the reason that, since A
not be used as
1 day to 20 years).a defense as it is not an performed only one act, he having pressed
exempting circumstance. Pedrito is liable the trigger of his gun only once, the crime
under the principle of Art. 4, RPC, which committed was murder. Consequently, the
makes a person criminally liable for all the trial judge sentenced A to just one penalty of
natural and logical consequences of his SUGGESTED ANSWER:
reclusion perpetua. Was the decision of the
felonious act trial judge correct? Explain. (4%)
Criminal Law Bar Examination Q & A (1994-2006) 30 of 86
The decision of the trial judge is not correct. the penalty specifically provided for the
When the offender made use of an automatic special complex crime that shall be applied
firearm, the acts committed are determined according to the rules on imposition of the
by the number of bullets discharged penalty.
inasmuch as the firearm being automatic, the Continuing Offense vs. Delito
offender need only press the trigger once Continuado (1994)
Differentiate delito continuado from a
and it would fire continually. For each death continuing offense.
caused by a distinct and separate bullet, the SUGGESTED ANSWER:
DELITO CONTINUADO, or CONTINUOUS CRIME,
accused incurs distinct criminal liability.
is a term used to denote as only one crime a
Hence, it is not the act of pressing the trigger
series of felonious acts arising from a single
which should be considered as producing the
criminal resolution, not susceptible of division,
several felonies, but the number of bullets
Complex Crimes; Nature & Penalty which are carried out in the same place and at
which actually produced them.
Involved
What (1999) a complex crime? How
constitutes about the same time, and violating one and
many crimes maybe involved in a complex the same penal provision. The acts done must
crime? What is the penalty therefor? (4%) be impelled by one criminal intent or purpose,
SUGGESTED ANSWER: such that each act merely constitutes a partial
A complex crime is constituted when a single execution of a particular crime, violating one
act caused two or more grave or less grave and the same penal provision. It involves a
felonies or when an offense is committed as concurrence of felonious acts violating a
a necessary means to commit another common right, a common penal provision, and
offense (Art. 48, RPC). At least two (2) crimes impelled by ahand,
singlea criminal impulse (People
are involved in a complex crime; either two On the other CONTINUING OFFENSE
vs. Ledesma, 73 SCRA 77).
or more grave or less grave felonies resulted is one whose essential ingredients took place
from a single act, or an offense is committed in more than one municipality or city, so
as a necessary means for committing much so that the criminal prosecution may
another. The penalty for the more serious be instituted and the case tried in the
crime shall be imposed and in its maximum competent court of any one of such
Complex The term "CONTINUED CRIME" or delito
period. (Art.Crimes;
48, RPC) Ordinary Complex municipality or city.
Crime vs. Special Complex Crime continuado mandates that only one
(2003)
Distinguish between an ordinary complex information should be filed against the
crime and a special complex crime as to offender although a series of felonious acts
their concepts and as to the imposition of were performed; the term "continuing crime"
SUGGESTED ANSWER:
penalties. 2% is more pertinently used with reference to
IN CONCEPT - the venue where the criminal action may be
An ORDINARY COMPLEX CRIME is made up of Death Penalty
instituted.
two or more crimes being punished in (2004)
A. The death penalty cannot be inflicted
distinct provisions of the Revised Penal Code under which of the following circumstances:
but alleged in one Information either 1) When the guilty person is at least 18
because they were brought about by a single the
yearstime of the
of age at commission of the crime. 2)
felonious act or because one offense is a When the guilty person is more than 70
necessary means for committing the other years of age. 3) When, upon appeal to or
offense or offenses. They are alleged in one Supreme
automaticCourt,
reviewthe
byrequired
the majority for the
Information so that only one penalty shall be imposition of the death penalty is not
A SPECIAL COMPLEX CRIME, on the other
imposed. obtained. 4) When the person is convicted of
hand, is made up of two or more crimes a capital crime but before execution becomes
which are considered only as components of insane. 5) When the accused is a woman
a single indivisible offense being punished in while she is pregnant or within one year after
one provision of the Revised Penal Code. delivery. Explain your answer or choice
AS TO PENALTIES -In ORDINARY COMPLEX SUGGESTED
briefly. (5%)ANSWER:
CRIME, the penalty for the most serious A. Understanding the word "inflicted" to
crime shall be imposed and in its maximum mean the imposition of the death penalty,
period. not its execution, the circumstance in which
the death penalty cannot be inflicted is no. 2:
In SPECIAL COMPLEX CRIME, only one penalty "when the guilty person is more than 70
is specifically prescribed for all the years of age" (Art. 47, Revised Penal Code).
component crimes which are regarded as Instead, the penalty shall be commuted to
one indivisible offense. The component reclusion perpetua, with the accessory
crimes are not regarded as distinct crimes In circumstance
penalties providedno.in1Article
when the
40, guilty
RFC. person
and so the penalty for the most serious crime is at least 18 years of age at the time of the
is not the penalty to be imposed nor in its commission of the
maximum period. It is
Criminal Law Bar Examination Q & A (1994-2006) 31 of 86
crime, the death penalty can be imposed or date of birth of the offended party
since the offender is already of legal age pursuant to Section 40, Rule 130 of the
when he committed the crime. Rules on Evidence shall be sufficient but
only under the following circumstances:
Circumstance no. 3 no longer operates, (a) If the victim is alleged to be below 3
considering the decision of the Supreme years of age and what is sought to be
Court in People vs. Efren Mateo (G.R. proved is that she is less than 7 years old;
147678-87, July 7, 2004) providing an (b) If the victim is alleged to be below 7
intermediate review for such cases where years of age and what is sought to be
the penalty imposed is death, reclusion proved is that she is less than 12 years
perpetua or life imprisonment before they old; (c) If the victim is alleged to be below
In
arecircumtances
elevated to thenos.Supreme
4 & 5, the death
Court. In theof
4) 12 years absence
age andofwhat
a certificate
is soughtofto
live
be
penalty can be imposed if prescribed by the birth,
proved is that she is less than 18 years of
authentic document, or the testimony
law violated although its execution shall be the old.
victim's mother or relatives concerning
suspended when the convict becomes the victim's age under the circumstances
insane before it could be executed and while above-stated, complainant's sole testimony
Likewise, the death penalty can be imposed
he is insane. can suffice, provided that it is expressly and
upon a woman but its execution shall be clearly admitted by the accused (People us.
suspended during her pregnancy and for one Pruna, 390 SCRA 577 [2002]).
ALTERNATIVE
year after herANSWER:
delivery. Habitual Delinquency &
The word "INFLICTED" is found only in Art. 83 Recidivism
Juan (2001)
de Castro already had three (3) previous
to the effect that the death penalty may not convictions by final judgment for theft when
be "INFLICTED" upon a pregnant woman, he was found guilty of Robbery with
such penalty is to be suspended. If Homicide. In the last case, the trial Judge
"INFLICTED" is to be construed as considered against the accused both
"EXECUTION", then No. 5 is the choice. recidivism and habitual delinquency. The
Death Penalty; Qualified Rape; accused appealed and contended that in his
Requisites
GV (2004)
was convicted of raping TC, his niece, last conviction, the trial court cannot consider
and he was sentenced to death. It was against him a finding of recidivism and, again,
alleged in the information that the victim SUGGESTED ANSWER:
of habitual delinquency. Is the appeal
was a minor below seven years old, and her No, the appeal is not meritorious. Recidivism
meritorious? Explain. (5%)
mother testified that she was only six years and habitual delinquency are correctly
and ten months old, which her aunt considered in this case because the basis of
corroborated on the witness stand. The recidivism is different from that of habitual
information also alleged that the accused delinquency. Juan is a recidivist ... Habitual
On
wasautomatic review
the victim's uncle,before
a factthe Supreme
proved by the delinquency, which brings about an
Court, accused-appellant
prosecution. contends that additional penalty when an offender is
capital punishment could not be imposed on convicted a third time or more for specified
him because of the inadequacy of the crimes, is correctly considered because Juan
charges and the insufficiency of the evidence had already three (3) previous convictions by
to prove all the elements of the heinous final judgment for theft and again convicted
crime of rape beyond reasonable doubt. Is for Robbery With Homicide. And the crimes
SUGGESTED
appellant'sANSWER:
contention correct? Reason specified as basis for habitual delinquency
Yes, appellant's contention is correct insofar Indeterminate Sentence
briefly. (5%) includes, inter alia, theft and robbery.
as the age of the victim is concerned. The Lawwas
Itos (1994)
convicted of an offense penalized
age of the victim raped has not been proved by a special law. The penalty prescribed is
beyond reasonable doubt to constitute the not less than six years but not more than
crime as qualified rape and deserving of the twelve years. No modifying circumstance
death penalty. The guidelines in appreciating attended the commission of the crime. If you
age as a qualifying circumstance in rape were the judge, will you apply the
birth
casescertificate; 2) In met,
have not been the absence
to wit: 1)ofThe
the Indeterminate Sentence Law? If so, how will
birth
primarycertificate,
evidenceage of the
of the age of the victim is SUGGESTED ANSWER:
you apply it?
her victim maybe proven by authentic document, If I were the judge, I will apply the provisions
as baptismal
such certificate and school records; of the Indeterminate Sentence Law, as the
3) If the aforesaid documents are shown to last sentence of Section 1 Act 4103,
havelost or destroyed or otherwise unavailable, the
been specifically provides the application thereof
testimony, if clear and credible of the victim's for violations of special laws.
mother or any member of the family, by Under the same provision, the minimum
consanguinity or affinity, who is qualified to must not be less than the minimum provided
on matters respecting pedigree such as the
testify therein (six years and one day) and the
exact age maximum shall not be more than the
Criminal Law Bar Examination Q & A (1994-2006) 32 of 86
maximum provided therein, i.e. twelve The purpose of the law in fixing the minimum
years. (People vs. Rosalina Reyes, 186 SCRA term of the sentence is to set the grace
184) period at which the convict may be released
Indeterminate Sentence on parole from imprisonment, unless by his
Law (1999)
Andres is charged with an offense defined by conduct he is not deserving of parole and
a special law. The penalty prescribed for the thus he shall continue serving his prison
offense is imprisonment of not less than five term in Jail but in no case to go beyond the
(5) years but not more than ten [10) years. maximum term fixed in the sentence.
Upon arraignment, he entered a plea of Indeterminate Sentence
guilty. In the imposition of the proper penalty, Law (2005)
Harold was convicted of a crime defined and
should the Indeterminate Sentence Law be penalized by a special penal law where the
applied? If you were the Judge trying the imposable penalty is from 6 months, as
SUGGESTED ANSWER: minimum, to 3 years, as maximum.
case, what penalty would you impose on
Yes, the Indeterminate Sentence Law should State with reasons whether the court may
Andres? (4%)
be applied because the minimum correctly impose the following penalties:
imprisonment is more than one (1) year. a) a straight penalty of 10
SUGGESTED ANSWER:
months;
If I were the Judge, I will impose an Yes, because the penalty is less than one
indeterminate sentence, the maximum of year, a straight penalty may be imposed.
which shall not exceed the maximum fixed (People v. Arellano, G.R. No, 46501, October 5,
by law and the minimum shall not be less ALTERNATIVE
1939) ANSWER:
than the minimum penalty prescribed by the Under the Indeterminate Sentence Law, the
same. I have the discretion to impose the minimum imposable penalty shall be
penalty within the said minimum and imposed but the maximum shall not exceed
Indeterminate
maximum. Sentence the maximum imposable by law.
Law
A was(1999)
convicted of illegal possession of b) 6 months, as minimum, to 11 months,
grease guns and two Thompson sub-machine as maximum;
SUGGESTED ANSWER:
guns punishable under the old law [RA No,4]
No, because Indeterminate Sentence Law
with imprisonment of from five (5) to ten (10)
does not apply when the penalty imposed is
years. The trial court sentenced the accused
less than one year (Sec. 2, Art. 4103, as
to suffer imprisonment of five (5) years and
SUGGESTED ANSWER: amended).
one (1) day. Is the penalty thus imposed
Indeterminate Sentence Law does not apply c) a straight penalty of 2 years.
correct? Explain. (3%) SUGGESTED ANSWER:
to: The penalty imposed, being only a straight (5%)
No, because the Indeterminate Sentence
penalty, is not correct because it does not
Law will apply when the minimum of the
comply with the Indeterminate Sentence Law
penalty exceeds
ALTERNATIVE one year.
ANSWER.
which applies to this case. Said law requires If the imposition of straight penalty which
that if the offense is punished by any law consists of the minimum period of the
other than the Revised Penal Code, the court penalty prescribed by law, then it may be
shall sentence the accused to an allowed because it favors the accused.
indeterminate sentence, the maximum term Indeterminate Sentence Law;
of which shall not exceed the maximum Exceptions
Under (1999)
what circumstances is the
penalty fixed by the law and the minimum Indeterminate Sentence Law not applicable?
Indeterminate
shall not be lessSentence
than the minimum penalty (2%)
SUGGESTED ANSWER:
Law
How (2002)
are the
prescribed maximum
by the same. and the minimum 1) Persons convicted of offenses punished
terms of the indeterminate sentence for with death penalty or life imprisonment; 2)
offenses punishable under the Revised Penal Those convicted of treason, conspiracy or
SUGGESTED ANSWER: (3%)
Code determined? proposal to commit treason; 3) Those
For crimes punished under the Revised Penal
convicted of misprision of treason, rebellion,
Code, the maximum term of the sedition or espionage; 4) Those convicted of
Indeterminate sentence shall be the penalty piracy; 5) Those who are habitual
properly imposable under the same Code delinquents; 6) Those who shall have
after considering the attending mitigating escaped from confinement or
and/or aggravating circumstances according evaded sentence; 7) Those who violated the
to Art, 64 of said Code. The minimum term of terms of conditional pardon granted to them
the same sentence shall be fixed within the by the Chief Executive; 8) Those whose
range of the penalty next lower in degree to maximum term of imprisonment does not
Under the law,forwhat
that prescribed is the
the crime purpose
under for
the said exceed one year;
fixing
Code. the maximum and the minimum
terms of the indeterminate sentence?
SUGGESTED ANSWER:
(2%)
Criminal Law Bar Examination Q & A (1994-2006) 33 of 86
9) Those who, upon the approval of the No. A fine, whether imposed as a single or as
law (December 5, 1933). had been sentenced an alternative penalty, should not and cannot
by final Judgment; be reduced or converted into a prison term.
10) Those sentenced to the penalty of There is no rule for transmutation of the
destierro or suspension. amount of a fine into a term of
imprisonment. (People v. Dacuycuy, G.R. No. L-
Indeterminate Sentence Law; 45127 May 5, 1989)
Exceptions
When would (2003)
the Indeterminate Sentence Law Penalties: Pecuniary Penalties vs.
be inapplicable? 4% Pecuniary Liabilities (2005)
SUGGESTED ANSWER: Distinguish pecuniary penalties from
The Indeterminate Sentence Law is not pecuniary liabilities. (2%)
1) those
applicable to:persons convicted of offenses SUGGESTED ANSWER:
punished with death penalty or life- Pecuniary liabilities do not include
imprisonment or reclusion perpetua; restitution, but include reparation of
2) those convicted of treason, conspiracy or damages caused, the indemnification for
proposal to commit treason; 3) those consequential damages, as well as fines and
convicted of misprision of treason, rebellion, cost of the proceedings.
sedition or espionage; 4) those convicted of Pecuniary penalties include fines and cost of
piracy; 5) those who are habitual the proceedings.
delinquents; 6) those who shall have
escaped from confinement or Penalties; Complex Crime of
evaded sentence; Estafa
A (1997) of the complex crime of
was convicted
7) those who having been granted estafa through falsification of public
conditional pardon by the Chief Executive document. Since the amount Involved did not
shall have violated the terms thereof; exceed P200.00, the penalty prescribed by
8) those whose maximum term of law for estafa is arresto mayor in its medium
imprisonment does not exceed one year; 9) and maximum periods. The penalty
those already sentenced by final judgment at prescribed by law for falsification of public
the time of approval of this Act; and 10) document is prision mayor plus fine not to
those whose sentence imposes penalties SUGGESTED ANSWER:
exceed P5,000.00. Impose the proper prison
which do not involve imprisonment, like The proper penalty is ANY RANGE WITHIN
penalty.
destierro. prision correccional (six (6) months and one
Penalties: Fine or Imprisonment (1) day to six (6) years) as MINIMUM, to ANY
vs. Subsidiary Imprisonment RANGE within prision mayor maximum (ten
(2005)
E and M are convicted of a penal law that (10) years and one (1) day to twelve (12)
imposes a penalty of fine or imprisonment or years) as MAXIMUM. This is in accordance
both fine and imprisonment. The judge with People us, Gonzales, 73 Phil, 549, where
sentenced them to pay the fine, jointly and It was ruled that for the purpose of
severally, with subsidiary imprisonment in determining the penalty next lower in
case of insolvency. Is the penalty proper? degree, the penalty that should be
SUGGESTED
Explain. ANSWER: considered as a starting point is the whole of
The penalty is not proper. The two accused
prision mayor, it being the penalty prescribed
must separately pay the fine, which is their
by law, and not prision mayor in its maximum
penalty. Solidary liability applies only to civil
ALTERNATIVE period, which is only the penalty actually
liabilities. ANSWER:
NO, because in penal law when there are applied because of Article 48 of the Revised
several offenders, the court in the exercise of Penal Code. The
Penalties; penalty next
Factors to lower in degree
its discretion shall determine what shall be therefor is
Considerthat prision
(1991) correccional and it is within
Imagine you are a Judge trying a case,
the share of each offender depending upon the range of this penalty that the minimum
and based on the evidence presented and
the degree of participation – as principal, should be taken.
the applicable law, you have decided on the
accomplice or accessory. If within each class (5)
guiltsteps
of twoyou
(2)would follow
accused. to determine
Indicate the five the
of offender, there are more of them, such as exact penalty to be imposed. Stated
more than one principal or more than one differently, what are the factors you must
accomplice or accessory, the liability in each SUGGESTED
consider toANSWER:
arrive at the correct penalty?
class of offender shall be subsidiary. Anyone 1the crime committed;
of the may be required to pay the civil 2Stage of execution and degree of
liability pertaining to such offender without participation;
May the judge
prejudice impose
to recovery anthose
from alternative
whose share 3Determine the penalty;
penalty
have been of fine
paid byor imprisonment?
another. 4Consider the modifying circumstances;
SUGGESTED(4%)
Explain. ANSWER:
5Determine whether Indeterminate
Sentence Law is applicable or not.
Criminal Law Bar Examination Q & A (1994-2006) 34 of 86
two or more mitigating circumstances and no
Penalties; Homicide w/ Modifying aggravating circumstances, the penalty next
Circumstance
Homer (1995)
was convicted of homicide. The trial lower in degree should be imposed. For
court appreciated the following modifying purposes of the Indeterminate Sentence Law,
circumstances: the aggravating circumstance the penalty next lower in degree should be
of nocturnity, and the mitigating determined without regard as to whether the
circumstances of passion and obfuscation, no basic penalty provided by the Revised Penal
intent to commit so grave a wrong, illiteracy Code should be applied in its maximum or
and voluntary surrender. The imposable minimum period as circumstances modifying
penalty for homicide is reclusion temporal the liability may require. The penalty next lower
range of which is twelve (12) years and one in degree to prision correccional. Therefore,
(1) day to twenty (20) years. Taking into as previously stated, the minimum should be
account the attendant aggravating and within the range of arresto mayor and the
mitigating circumstances, and applying the maximum is within the range of prision
SUGGESTED ANSWER: Penalties; Parricide w/ Mitigating
Indeterminate
It appears that Sentence Law,
there is one determine the
aggravating correctional in its maximum period.
Circumstance
A and B pleaded(1997)
guilty to the crime of
proper
circumstance (nocturnity), andon
penalty to be imposed the accused.
four parricide. The court found three mitigating
mitigating circumstances (passion and circumstances, namely, plea of guilty, lack of
obfuscation, no intent to commit so grave a Instruction and lack of intent to commit so
wrong as that committed and voluntary grave a wrong as that committed. The
surrender). Par. 4, Art. 64 should be applied. prescribed penalty for parricide is reclusion
Hence there will be off-setting of modifying SUGGESTED
perpetua to ANSWER:
death. Impose the proper
circumstances, which will now result in the The proper penalty is reclusion perpetua.
principal penalty.
excess of three mitigating circumstances. Even if there are two or more mitigating
This will therefore justify in reducing the circumstances, a court cannot lower the
The existence
penalty to the of an aggravating
minimum period. penalty by one degree (Art. 63. par. 3,
circumstance, albeit there are four Revised Penal Code; People vs. Formigones,
aggravating, will not justify the lowering of 87 Phil. 685). In U.S. vs. Relador 60 Phil. 593,
the penalty to the next lower degree under where the crime committed was parricide
paragraph 5 of said Article, as this is with the two (2) mitigating circumstances of
applicable only if THERE IS NO illiteracy and lack of intention to commit so
AGGRAVATING CIRCUMSTANCE present. grave a wrong, and with no aggravating
Since the crime committed is Homicide and circumstance, the Supreme Court held that
the penalty therefor is reclusion temporal, Penalties; Preventive
the proper, penalty to be imposed is
the MAXIMUM sentence under the Imprisonment
1) When is there
reclusion perpetua.(1994)
preventive imprisonment?
Indeterminate Sentence Law should be the 2) When is the accused credited with the
minimum of the penalty, which is 12 years full time of his preventive imprisonment,
and 1 day to 14 years and 8 months. The and when is he credited with 4/5 thereof?
SUGGESTED ANSWER:
MINIMUM penalty will thus be the penalty 1) There is preventive imprisonment when
next lower in degree, which is prision mayor [a) an offender is detained while the criminal
in its full extent (6 years and 1 day to 12 case against him is being heard, either
years). Ergo, the proper penalty would be 6 because the crime committed is a capital
years and 1 day, as minimum, to 12 years offense and not bailable, or even if the crime
and 1 day, as
Penalties; maximum.Circumstances
Mitigating I believe that committed was bailable, the offender could
because of the remaining
w/out Aggravating mitigating
Circumstance not post the required bail for his provisional
circumstances
(1997) after the off-setting
Assume in the preceding problem that it would
there 2) An accused is credited with the full time
liberty.
be
were two mitigating circumstances and of
very logical to impose the minimum no of his preventive imprisonment if he
the MINIMUMcircumstance.
aggravating sentence under the ISL
Impose theand the
proper voluntarily agreed in writing to abide by the
minimum
SUGGESTED of the
ANSWER:
prison penalty. MAXIMUM sentence. rules of the institution imposed upon its
There being two (2) mitigating a) the penalty
prisoners, providedimposed
that: on him for the crime
circumstances without any aggravating committed consists of a deprivation of
circumstance, the proper prison penalty is b) he is not disqualified from such credit for
liberty;
(1) month
arresto and (in
mayor oneany
(1) of
dayitsto six (6) ie.
periods, months) beinga recidivist, or for having been previously
as MINIMUM
ranging from oneto prision correccional in its convicted for two or more times of any
maximum period four (4) years, two (2) or for having failed to surrender voluntarily
crime,
months, and one (1) day to six (6) years as the execution of the sentence upon being so
for
MAXIMUM. Under Art. 64, par. 5 of the summoned (Art. 29, RPC).
Revised Penal Code, when a penalty contains
three periods, each one of which forms a
period in accordance with Article 76 and 77
of the same Code, and there are
Criminal Law Bar Examination Q & A (1994-2006) 35 of 86
Where the accused however did not agree SUGGESTED ANSWER:
he would only be credited with 4/5 of the The penalty of reclusion perpetua and the
time he had undergone preventive penalty of life Imprisonment are totally
imprisonment. different from each other and therefore,
Penalties; Reclusion Perpetua (RA) should not be used interchangeably.
No. 7959
Under (2005)
Article 27 of the Revised Penal Code, Reclusion perpetua is a penalty prescribed
as amended by Republic Act (RA) No. 7959, by the Revised Penal Code, with a fixed
reclusion perpetua shall be from 20 years duration of imprisonment from 20 years and
and 1 day to 40 years. Does this mean that 1 day to 40 years, and carries it with
reclusion perpetua is now a divisible penalty? accessory penalties.
SUGGESTED
Explain. (2%)ANSWER: Life imprisonment, on the other hand, is a
No, because the Supreme Court has penalty prescribed by special laws, with no
repeatedly called the attention of the Bench fixed duration of imprisonment and without
and the Bar to the fact that the penalties of any accessory penalty.
reclusion perpetua and life imprisonment are Probation Law: Proper
not synonymous and should be applied Period (2005)
Maganda was charged with violation of the
correctly and as may be specified by the Bouncing Checks Law (BP 22) punishable by
applicable law. Reclusion perpetua has a imprisonment of not less than 30 days but
specific duration of 20 years and 1 day to 40 not more than 1 year or a fine of not less
years (Art. 27) and accessory penalties (Art. than but not more than double the amount of
41), while life imprisonment has no definite the check, which fine shall not exceed
(People
term or vs. De Guzman, G.R.
accessory Nos. 51385-86,
penalties. Also, Jan.
life P200,000.00, or both. The court convicted
22, 1993; People
imprisonment vs.
is Estrella, G.R.
imposable Nos.
on 92506-07,
crimes her of the crime and sentenced her to pay a
G.R.
April No.1993;
28, 72319,
People June
vs. 30,1993; People vs.
Alvero,
punished by special laws, and fine of P50,000.00 with subsidiary
Lapiroso, G.R. No. 122507, Feb. not
25, on felonies
1999).[see
in the Code imprisonment in case of insolvency, and to
Criminal Law Conspectus, page 156]
Penalties; Reclusion Perpetua vs. pay the private complainant the amount of
Life Imprisonment (1994) the check. Maganda was unable to pay the
Differentiate reclusion perpetua from lifefine but filed a petition for probation. The
imprisonment.
SUGGESTED ANSWER: court granted the petition subject to the
a) What is the proper period of probation?
RECLUSION PERPETUA is that penalty condition, among others, that she should not
SUGGESTED ANSWER:
provided for in the Revised Penal Code for change
The hershall
period residence
not be without
less thanthe court’s
twice the
crimes defined in and penalized therein prior approval.
total number of days of subsidiary
except for some crimes defined by special imprisonment. Under Act No. 1732,
laws which impose reclusion perpetua, such subsidiary imprisonment for violations of
as violations of Republic Act 6425, as special laws shall not exceed 6 months at
amended by Republic Act 7659 or of PD the rate of one day of imprisonment for
1860; while LIFE IMPRISONMENT is a penalty every F2.50. Hence, the proper period of
usually provided for in special laws. probation should not be less than (6 months
Reclusion perpetua has a duration of twenty nor more than 12 months. Since P50,000.00
(20) years and one (1) day to forty [40] years fine is more than the maximum subsidiary
under Republic Act 7659, while life b) Supposing of
imprisonment before the Order
6 months of a
at P2.50 Discharge
day.
imprisonment has no duration; reclusion was issued by the court but after the lapse of
perpetua may be reduced by one or two the period of probation, Maganda transferred
degrees;
Penalties;reclusion
Reclusion perpetuates
Perpetuaaccessory
vs. residence without prior approval of the court.
penalties while life
Life Imprisonment (2001) imprisonment does not May the court revoke the Order of Probation
have any Judge
After trial, accessory penalties
Juan Laya of the (People
Manila RTCvs. and order her to serve the subsidiary
Baguio, 196 SCRA Garcia
459, People SUGGESTED
imprisonment?ANSWER:
Explain.
found Benjamin guiltyvs.
of Panellos,
Murder, 205
the Yes. The Court may revoke her probation.
SCRA 546).
victim having sustained several bullet Probation is not coterminous with its period.
wounds in his body so that he died despite There must first be issued by the court an
medical assistance given in the Ospital ng order of final discharge based on the report
Manila. Because the weapon used by and recommendation of the probation
Benjamin was unlicensed and the qualifying (Bala v. Martinez,
officer. Only then G.R.can
No. 67301,
the caseJanuary
of 29,
the
circumstance of treachery was found to be 1990, citing Sec.
probationer 16 of P.D. No. 968)
be terminated.
present. Judge Laya rendered his decision
convicting Benjamin and sentencing him to Probation Law; Barred by
Are "reclusion
"reclusion perpetua"
perpetua or and
life imprisonment". life Appeal (1994)
On February 3, 1986, Roberto was convicted
imprisonment the same and can be imposed of arson through reckless imprudence and
interchangeably as in the foregoing sentenced to pay a fine of P15,000.00, with
sentence? Or are they totally different? State subsidiary imprisonment in case of
your reasons. (3%) insolvency by the Regional Trial Court of
Quezon City.
Criminal Law Bar Examination Q & A (1994-2006) 36 of 86
On February 10, 1986, he appealed to the probation. The law uses the word "maximum
Court of Appeals. Several months later, he term", and not total term. It is enough that
filed a motion to withdraw the appeal on the each of the prison terms does not exceed six
ground that he is applying for probation. On years. The number of offenses is immaterial
May 7, 1987, the Court of Appeals granted the for as long as the penalties imposed, when
motion and considered the appeal withdrawn. taken individually and separately, are within
the probationable period.
On June 10, 1987, the records of the case Probation Law; Order Denying
were remanded to the trial court. Roberto Probation; Not Appealable
filed a "Motion for Probation" praying that (2002)
A was charged with homicide. After trial, he
execution of his sentence be suspended, and was found guilty and sentenced to six (6)
that a probation officer be ordered to years and one (1) day in prision mayor, as
conduct an Investigation and to submit a (1) day of to
minimum, reclusion temporal,
twelve (12) as maximum.
years and one
The judge
report denied
on his the motion on the ground
probation. Prior to his conviction, he had been found
that pursuant to Presidential Decree No. guilty of vagrancy and imprisoned for ten
1990, which took effect on July 16,1986, no (10) days of arresto manor and fined fifty
application for probation shall be entertained pesos (P50.00). Is he eligible for probation?
or granted if the defendant has perfected an SUGGESTED
Why? (3%)ANSWER:
appeal from the judgment of conviction. Is No, he is not entitled to the benefits of the
SUGGESTED
the denial ANSWER:
of Roberto's motion correct? Probation Law (PD 968, as amended) does
Yes. Even if at the time of his conviction not extend to those sentenced to serve a
Roberto was qualified for probation but that maximum term of imprisonment of more
at the time of his application for probation, than six years (Sec. 9a).
he is no longer qualified, he is not entitled to It is of no moment that in his previous
probation. The qualification for probation conviction A was given a penalty of only ten
must be determined as of the time the (10) days of arresto mayor and a fine of
application is filed in Court (Bernardo vs. P50.00.
Judge, etal. GRNo. L86561,Nov, 10. 1992; Edwin B. May a probationer appeal from the
de la Cruz vs. Judge Callejo. et al, SP-19655, April decision revoking the grant of probation or
18, 1990, citing Llamado vs. CA, modifying the terms and conditions thereof?
Probation Law; Barred by et al, GR No. SUGGESTED ANSWER:
84859, June 28, 1989; Bernardo us. Judge (2%)
Appeal
A, (2001) developer, was convicted by
a subdivision No. Under Section 4 of the Probation Law, as
Balagot, etal, GR 86561, Nov. 10, 1992).
the RTC of Makati for failure to issue the amended, an order granting or denying
subdivision title to a lot buyer despite full probation is not appealable.
payment of the lot, and sentenced to suffer Probation Law; Period
one year Imprisonment. A appealed the Covered
PX was (2004)
convicted and sentenced to
decision of the RTC to the Court of Appeals imprisonment of thirty days and a fine of one
SUGGESTED ANSWER:
but his appeal was dismissed. May A still hundred pesos. Previously, PX was convicted
No,
applyAfor
is probation?
no longerExplain.
qualified to apply for
(5%) of another crime for which the penalty
probation after he appealed from the imposed on him was thirty days only. Is PX
judgment of conviction by the RTC. The SUGGESTED
entitled to ANSWER:
probation? Explain briefly. (5%)
probation law (PD 968, as amended by Yes, PX may apply for probation. His previous
PD1990) now provides that no application for conviction for another crime with a penalty of
probation shall be entertained or granted if thirty days imprisonment or not exceeding
the accused has perfected an appeal from one (1) month does not disqualify him from
the judgment of conviction (Sec. 4, PD 968). applying for probation; the penalty for his
Probation Law; Maximum Term vs. present conviction does not disqualify him
Total
The Term (1997)
accused was found guilty of grave oral either from applying for probation, since the
defamation in sixteen (16) informations imprisonment does not exceed six (6) years
which were tried jointly and was sentenced Probation
(Sec. 9, Pres.Law;
DecreeRight; Barred by
No. 968).
in one decision to suffer in each case a Appeal
In a case (1995)
for violation of Sec. 8, RA 6425,
prison term of one (1) year and one (1) day otherwise known as the Dangerous Drugs Act,
to one (1) year and eight (8) months of accused Vincent was given the benefit of the
prision correccional. Within the period to mitigating circumstances of voluntary plea of
appeal, he filed an application for probation guilt and drunkenness not otherwise habitual.
SUGGESTED ANSWER:
under the Probation Law of 1976, as He was sentenced to suffer a penalty of six
Yes. In Francisco vs. Court of Appeals, 243
amended. Could he possibly qualify for (6) years and one (1) day and to pay a fine of
SCRA 384, the Supreme Court held that in
probation? P6,000.00 with the accessory penalties
case of one decision imposing multiple prison
provided by law, plus costs. Vincent applied
terms, the totality of the prison terms should
for probation. The probation officer favorably
not be taken into account for the purposes of
recommended his application.
determining the eligibility of the accused for
the
Criminal Law Bar Examination Q & A (1994-2006) 37
1If you were the Judge, what action will you take of 86 for probation
mandates that no application
on the application? Discuss fully. shall be entertained or granted if the
2Suppose that Vincent was convicted of a crime accused has perfected an appeal from the
for which he was sentenced to a maximum penalty judgment of conviction.
of ten (10) years. Under the law, he is not eligible Suspension of Sentence;
for probation. He seasonably appealed his Adults/Minors
There are at (2006)
least 7 instances or situations in
conviction. While affirming the judgment of criminal cases wherein the accused, either
conviction, the appellate court reduced the penalty as an adult or as a minor, can apply for
to a maximum of four (4) years and four (4) and/or be granted a suspended sentence.
months taking into consideration certain modifying SUGGESTED
EnumerateANSWER:
at least 5 of them. (5%)
1. Suspension of sentence of minor
circumstances. Vincent now applies for probation.
under P.D. 603 as amended by R.A. 9344.
How will you rule on his application? Discuss fully. 2.
SUGGESTED ANSWER: Suspension of sentence of minor
1. If I were the judge, I will deny the above 15 but below 18 years of age at the
application for probation. The accused is not time of trial under R.A. 9344.
entitled to probation as Sec. 9 of the 3. Suspension of sentence of minor
Probation Law, PD NO. 968, as amended, above 15 but below 18 years of age at the
specifically mentions that those who "are commission of the offense, while acting with
sentenced to serve a maximum term of 4. Suspension of sentence by reason of
discernment.
imprisonment of more than six years" are insanity (Art. 79, Revised Penal Code).
2.
notThe law and
entitled jurisprudence
to the benefits of are
the to the
law. 5. Suspension of sentence for first
effect that appeal by the accused from a offense of a minor violating RJV. 9165. (Sec.
sentence of conviction forfeits his right to 6.
32) Suspension of sentence under the
probation.(Sec. 4, PD No. 968. as amended by (P.D. law.
probation
PD 1990; Bernardo us. Balagot; Francisco vs. CA: 7. 968)Suspension of death sentence of a
LlamadoThis is the
vs. CA; De second consecutive
la Cruz vs. year
Judge Callejo, CA pregnant woman. (Art. 83, Revised Penal
case). that this question was asked. It is the Code)
sincere belief of the Committee that
there is a need to re-examine the
doctrine. Firstly, much as the accused
wanted to apply for probation he is
proscribed from doing so as the
maximum penalty is NOT
PROBATIONABLE. Secondly, when the
maximum penalty was reduced to
one which allows probation it is but
fair and just to grant him that right
because it is apparent that the trial
judge committed an error and for
which the accused should not be
made to suffer. Judicial tribunals in
this jurisdiction are not only courts of
law but also of equity. Thirdly, the
judgment of the appellate court
should
Probation be considered
Law; Right; Barred a newbydecision
Appeal
Juan as convicted of the Regionalwas
the
was(2003) trial court's decision Trial Court
vacated;
of a crime hence, heto
and sentenced could take
suffer the penalty
advantagefor
of imprisonment ofathe law when
minimum the
of eight
decision
years. He is remanded
appealed to the trialand
both his conviction court
for execution (Please see Dissenting
the penalty imposed upon him to the Court of
Appeals.opinion in Francisco
The appellate courtvs. CA). It is
ultimately
suggested, therefore, that
sustained Juan's conviction but reduced an his
examinee answering in
sentence to a maximum of four years this tenor
and
should imprisonment.
eight months be credited with some
Could points.
Juan
SUGGESTED ANSWER:
forthwith file an application for probation?
No, Juan can no longer avail of the probation
Explain. 8%
because he appealed from the judgment of
conviction of the trial court, and therefore,
cannot apply for probation anymore. Section
4 of the Probation Law, as amended,
Criminal Law Bar Examination Q & A (1994-2006) 38 of 86
sentence is required and thereunder it is one Proclamation 1160, which amended
of the conditions for suspension of sentence Proclamation 724, applies only to offenses
that the offender be a first time convict: this committed prior to 1999. Thus, their
has been displaced by RA 8369. applications shall be ineffectual and useless.
Amnesty; Crimes
Suspension of Sentence; Youthful Covered
Under (2006)
Presidential Proclamation No. 724,
Offender
Victor, (1995)
Ricky, Rod and Ronnie went to the amending Presidential Proclamation No. 347,
store of Mang Pandoy. Victor and Ricky certain crimes are covered by the grant of
entered the store while Rod and Ronnie amnesty. Name at least 5 of these crimes.
posted themselves at the door. After ordering SUGGESTED
(2.5%) ANSWER:
beer Ricky complained that he was Crimes covered under Presidential Proclamation No.
shortchanged although Mang Pandoy 724:
vehemently denied it. Suddenly Ricky 1. Coup
whipped out a knife as he announced "Hold- 2.
d'etat, Rebellion or
3. Disloyalty of public officers
insurrection;
up ito!" and stabbed Mang Pandoy to death.
4. Inciting to rebellion or
or employees;
Rod boxed the store's salesgirl Lucy to
5. Conspiracy to commit rebellion
insurrection;
prevent her from helping Mang Pandoy. When
6. Proposal to commit rebellion
or insurrection;
Lucy ran out of the store to seek help from 7.
or insurrection;
people next door she was chased by Ronnie. 8.
Sedition; Conspiracy to
As soon as Ricky had stabbed Mang Pandoy, 9.
commit Inciting
sedition;to
Victor scooped up the money from the cash 10.
sedition; Illegal
box. Then Victor and Ricky dashed to the 11. Illegal
Assembly;
street
1Discussand shouted,
fully "Tumakbo
the criminal na of
liability kayo!"
Victor,Rod
Ricky, 12. Direct
Association;
was 14 and
Rod and Ronnie. Ronnie was 17. The money and 13. Indirect
Assault;
other articles looted from the store
2Are the minors Rod and Ronnie entitled to of Mang 14.
Assault; Resistance and disobedience to a
Pandoy were later found in the
suspended sentence under The Child and Youthhouses of 15.
personTumults
(NOTA and other
BENE:
in authority; R.A. 9344 is outside the
Victor and Ricky.
Welfare Code? Explain. 16. coverage of
Unlawful
disturbances; the
use examination)
of means of publications
SUGGESTED ANSWER: and unlawful utterrances;
1 . All are liable for the special complex Suspension
17. Alarm and of Sentence;
crime of robbery with homicide.... Minors
A
18.was 2 (2003)
Illegal
scandal; months belowof18 years of age when
Possession
he committed the crime. He was charged
firearms.
2. No, because the benefits of suspension of with the crime 3 months later. He was 23
sentence is not available where the youthful when he was finally convicted and
offender has been convicted of an offense sentenced. Instead of preparing to serve a
punishable by life imprisonment or death, jail term, he sought a suspension of the
pursuant to P.D. No. 603, Art. 192, The sentence on the ground that he was a
SUGGESTED ANSWER: Should he be entitled to a
complex crime of robbery with homicide is juvenile offender
No, A is not entitled to a suspension of the
punishable by reclusion perpetua to death suspension of sentence? Reasons. 4%
sentence because he is no longer a minor at
under Art. 294 (1), RFC [People vs. Galit. 230
the time of promulgation of the sentence.
SCRA 486).
EXTINCTION OF CRIMINAL For purposes of suspension of sentence, the
offender's age at the time of promulgation of
LIABILITY the sentence is the one considered, not his
Amnesty vs. PD age when he committed the crime. So
1160former
Can (2006)DSWD Secretary Dinky Soliman although A was below 18 years old when he
apply for amnesty? How about columnist committed the crime, but he was already 23
Randy David? (You are supposed to know the years old when sentenced, he is no longer
Can
eligible juvenile
for suspension offenders, who
of the sentence. are
crimes or offenses ascribed to them as recidivists, validly ask for suspension of
published in almost all newspapers for the SUGGESTED ANSWER:
sentence? Explain. 4%
SUGGESTED
past severalANSWER:
months.) (2.5%) Yes, so long as the offender is still a minor at
Proclamation 1160, which amended the time of the promulgation of the sentence.
Proclamation 724, applies only to offenses The law establishing Family Courts, Rep. Act
committed prior to 1999. Thus, their 8369, provides to this effect: that if the minor
applications shall be ineffectual and useless. is found guilty, the court should promulgate
General Lim and General Querubin of the
the sentence and ascertain any civil liability
Scout Rangers and Philippine Marines,
which the accused may have incurred.
respectively, were changed with conduct
However, the sentence shall be suspended
unbecoming an officer and a gentleman
SUGGESTED without the need of application pursuant to
under the ANSWER:
Articles of War. Can they apply for
PD 603, otherwise known as the "Child and
amnesty? (2.5%)
Youth Welfare Code" (RA 8369, Sec. 5a), It is
under PD 603 that an application for
suspension of the
Criminal Law Bar Examination Q & A (1994-2006) 39 of 86
For defrauding Lorna, Alma was charged
before the Municipal Trial Court of Malolos, Pardon; Effect; Civil
Bulacan. After a protracted trial, Alma was Interdiction
TRY was sentenced(2004) to death by final
convicted. While the case was pending judgment. But subsequently he was granted
appeal in the Regional Trial Court of the pardon by the President. The pardon was
same province, Lorna who was then suffering silent on the perpetual disqualification of TRY
from breast cancer, died. Alma manifested to to hold any public office. After his pardon,
the court that with Lorna's death, her TRY ran for office as Mayor of APP, his
(Alma's) criminal and civil liabilities are now hometown. His opponent sought to disqualify
extinguished. Is Alma's contention correct? him. TRY contended he is not disqualified
SUGGESTED ANSWER:
What if it were Alma who died, would it affect because he was already pardoned by the
No. Alma's contention is not correct. The SUGGESTED ANSWER:
her criminal and civil liabilities? Explain. (3%) President unconditionally. Is TRY'S
death of the offended party does not No, TRY's contention is not correct. Article 40
contention correct? Reason briefly. (5%)
extinguish the criminal liability of the of the Revised Penal Code expressly provides
offender, because the offense is committed that when the death penalty is not executed
against the State [People vs. Misola, 87 Phil. by reason of commutation or pardon, the
830, 833). Hence, it follows that the civil accessory penalties of perpetual absolute
liability of Alma based on the offense disqualification and civil interdiction during
committed by her is not extinguished. The thirty (30) years from the date of the
On theof
estate other hand,
Lorna if it werethe
can continue Alma who died
case. sentence shall remain as effects thereof,
pending appeal of her conviction, her unless such accessory penalties have been
criminal liability shall be extinguished and expressly remitted in the pardon. This is
therewith the civil liability under the Revised because pardon only excuses the convict
Penal Code (Art. 89, par. 1, RPC). However, from serving the sentence but does not
the claim for civil indemnity may be Pardon; Effect;
relieve him of the effects of the conviction
Reinstatement
Linda (1994)
instituted under the Civil Code (Art. 1157) if unlesswas convicted
expressly by theinSandiganbayan
remitted the pardon. of
predicated on a source of obligation other estafa, through falsification of public
than delict, such as law, contracts, quasi- document. She was sentenced accordingly
contracts and quasi-delicts (People vs. Bayotas and ordered to pay, among others, P5,000.00
Pardon vs. representing the balance of the amount
236 SCRA 239, G.R. 152007, September 2. 1994)
Amnesty (2006)
Enumerate the differences between pardon defrauded.
and amnesty. (2.5%) The case reached the Supreme Court which
SUGGESTED ANSWER: Extinction;
affirmed Criminal of
the judgment & conviction.
Civil Liabilities;
During
a) PARDON includes any crime and is Effects;
the pendency Death of accused
of Linda's motion forpending
exercised individually by the President, while appeal
AX was (2004)convicted
reconsideration in the ofsaidreckless
Court, imprudence
the
AMNESTY applies to classes of persons or resulting in homicide.
President extended to her an The trial court
absolute
communities who may be guilty of political sentenced him to
pardon which she accepted. a prison term as well as to
b) PARDON is exercised when the person
offenses. By
payreason of such as
P150,000 pardon,civilsheindemnity
wrote the and
is already convicted, while AMNESTY may be Department
damages. While of Finance
his appealrequesting that sheAX
was pending,
exercised even before trial or investigation. be
metrestored
a fatal to her former
accident. postaas
He left assistant
young widow,
c) PARDON looks forward and relieves treasurer,
2 children,whichand aismillion-peso
still vacant.estate.
The What is
the offender of the penalty of the offense for Department
the effect, if ruled
any, of that
hisLinda
deathmay be criminal
on his
which he has been convicted; it does not SUGGESTED
reinstated ANSWER:
to her formerExplain
positionbriefly.
without the
as well as civil liability? (5%)
work for the restoration of the rights to hold The deathofof
necessity AX while
a new his appeal
appointment and from
directedthe
public office, or the right of suffrage, unless judgment of the trial court
the City Treasurer to see to it that the sum of is pending,
such rights are expressly restored by means extinguishes
P5,000.00 be his criminal
satisfied. liability.
Claiming that The
she civil
of pardon, while AMNESTY looks backward liability insofar as it arises
should not be made to pay P5,000.00, Linda from the crime
and abolishes the offense and its effects, as if and
appealed to the Office of the President. Penal
The recoverable
Office of the under
President the Revised
dismissed the
the person had committed no offense. Code isand
appeal alsoheld
extinguished;
that acquittal, but indemnity
not absolute and
d) PARDON does not alter the fact that damagesIsmay
pardon. be recovered
the only ground for inreinstatement
a civil action if
the accused is criminally liable as it produces predicated
to one's former on aposition
sourceand of that
obligation
the under
only the extinction of the penalty, while Art. 1157,pardon
absolute Civil Code,
does not suchexempt
as law,thecontracts,
culprit
AMNESTY removes the criminal liability of the quasi-contracts
from payment ofand civilquasi-delicts, but not on
liability. Is Linda
offender because it obliterates every vestige Civil
the indemnity
SUGGESTED
basis
entitled to ANSWER:
of and (People
delicts.
reinstatement? damages under 236
v. Bayotas, the
e) PARDON being a private act by the
of the crime. No, Linda
Revised is
Penalnot entitled
Code are to reinstatement
recoverable onlyto if
SCRA 239 ).
President, must be pleaded and proved by the her
the former
accusedposition
had been inasmuch
convicted as her
withright
finality
person pardoned, while AMNESTY which is a thereto
before he had been relinquished or forfeited by
died.
Proclamation of the Chief Executive with the Extinction;
reason of herCriminal
conviction. & The
Civil Liabilities;
absolute pardon
concurrence of Congress is a public act of Effects; Death of
merely extinguished her Offended Party
criminal liability,
which the courts should take judicial notice. (2000)
removed her disqualification, and restored
her eligibility for appointment to that office.
She has to re-apply for
Criminal Law Bar Examination Q & A (1994-2006) 40 of 86
such position and under the usual procedure Yes, the State can still prosecute Mina for the
required for a new appointment. Moreover, death of Ara despite the lapse of 20 & 1/2
the pardon does not extinguish the civil years. Under Article 91, RPC, the period of
(Monsanto vs.Factoran,
liability arising from theJr.,crime.
170 SCRA 191); see Art. prescription commences to run from the day
36, RPC) on which the crime is discovered by the
Prescription of Crimes; offended party, the authorities or their
Bigamy
Joe and (1995)
Marcy were married in Batanes in agents. In the case at bar, the commission of
1955. After two years, Joe left Marcy and the crime was known only to Albert, who was
settled in Mindanao where he later met and not the offended party nor an authority or an
married Linda on 12 June 1960. The second agent of an authority. It was discovered by
marriage was registered in the civil registry of the NBI authorities only when Albert revealed
Davao City three days after its celebration. to them the commission of the crime. Hence,
On 10 October 1975 Marcy who remained in the period of prescription of 20 years for
Batanes discovered the marriage of Joe to homicide commenced to run only from the
Linda. On 1 March 1976 Marcy filed a Prescription of Crimes;
The crimeforofbigamy
bigamy prescribed time Albert revealed the same to the NBI
complaint against Joe. in fifteen Commencement
OW (2004)
is a private person
authorities.
engaged in cattle
years computed from the day the crime is ranching. One night, he saw AM stab CV
discovered by the offended party, the treacherously, then throw the dead man's
authorities or their agents. Joe raised the body into a ravine. For 25 years, CVs body
defense of prescription of the crime, more was never seen nor found; and OW told no
than fifteen years having elapsed from the one what he had witnessed. Yesterday after
celebration of the bigamous marriage up to consulting the parish priest, OW decided to
the filing of Marcy's complaint. He contended tell the authorities what he witnessed, and
that the registration of his second marriage in revealed that AM had killed CV 25 years ago.
the civil registry of Davao City was SUGGESTED ANSWER:
Can AM be prosecuted for murder despite the
Yes, AM can be prosecuted for murder
constructive notice to the whole world of the lapse of 25 years? Reason briefly. (5%)
Has the crime
celebration of bigamy
thereof chargedupon
thus binding against Joe
Marcy. despite the lapse of 25 years, because the
already prescribed? Discuss fully, crime has not yet prescribed and legally, its
SUGGESTED ANSWER: prescriptive period has not even
No. The prescriptive period for the crime of commenced to run.
bigamy is computed from the time the crime The period of prescription of a crime shall
was discovered by the offended party, the commence to run only from the day on which
authorities or their agents. The principle of the crime has been discovered by the
constructive notice which ordinarily applies offended party, the authorities or their
to land or property disputes should not be agents (Art. 91, Revised Penal Code). OW, a
applied to the crime of bigamy, as marriage private person who saw the killing but never
is not property. Thus when Marcy filed a disclosed it, is not the offended party nor has
complaint for bigamy on 7 March 1976, it the crime been discovered by the authorities
was well within the reglamentary period as it Prescription
or their agents.of Crimes;
was barely a few months from the time of Concubinage
On June 1, 1988, (2001)
a complaint for concubinage
Prescription
discovery on 10 Octoberof Crimes;
1975. (Sermonia vs. committed in February 1987 was filed against
Commencement
One fateful night
CA, 233 SCRA 155)
(2000)
in January 1990, while 5- Roberto in the Municipal Trial Court of Tanza,
year old Albert was urinating at the back of Cavite for purposes of preliminary
their house, he heard a strange noise coming investigation. For various reasons, it was only
from the kitchen of their neighbor and on July 3, 1998 when the Judge of said court
playmate, Ara. When he peeped inside, he decided the case by dismissing it for lack of
saw Mina, Ara's stepmother, very angry and jurisdiction since the crime was committed in
strangling the 5-year old Ara to death. Albert Manila. The case was subsequently filed with
saw Mina carry the dead body of Ara, place it the City Fiscal of Manila but it was dismissed
inside the trunk of her car and drive away. on the ground that the crime had already
The dead body of Ara was never found. Mina prescribed. The law provides that the crime of
SUGGESTED ANSWER:
spread the news in the neighborhood that Ara concubinage prescribes
No, the Fiscal's dismissalinoften
the(10) years.
case on
went to live with her grandparents in Ormoc Was the dismissal by the fiscal correct?
alleged prescription is not correct. The filing
City. For fear of his life, Albert did not tell Explain, (5%)
of the complaint with the Municipal Trial
anyone, even his parents and relatives, about
Court, although only for preliminary
what he witnessed. Twenty and a half (20 &
investigation, interrupted and suspended the
1/2) years after the incident, and right after
period of prescription in as much as the
his graduation
SUGGESTED in Criminology, Albert reported
ANSWER: jurisdiction of a court in a criminal case is
the crime to NBI authorities. The crime of (People vs. Galano.
determined by the75allegations
SCRA in the
homicide prescribes in 20 years. Can the 193)
complaint or information, not by the result of
state still prosecute Mina for the death of Ara
proof.
despite the lapse of 20 & 1/2 years? Explain,
(5%)
Criminal Law Bar Examination Q & A (1994-2006) 41 of 86

Prescription of Crimes; False


Testimony
Paolo (1994)with homicide before the
was charged
Regional Trial Court of Manila. Andrew, a
prosecution witness, testified that he saw
Paolo shoot Abby during their heated
argument. While the case is still pending, the
City Hall of Manila burned down and the entire
records of the case were destroyed. Later, the
records were reconstituted. Andrew was again
called to the witness stand. This time he
testified that his first testimony was false and
the truth was he was abroad when the crime
took place. The judge immediately ordered
the prosecution of Andrew for giving a false
1Will the case against Andrew prosper?
testimony favorable to the defendant in a
2Paolo was acquitted. The decision became final
criminal case.
on January 10, 1987. On June 18, 1994 a case of
giving false testimony was filed against Andrew.
As his lawyer, what legal step will you take?
Criminal Law Bar Examination Q & A (1994-2006) 42 of 86
car and handed two sticks of cigarettes to C. mandates
a) The accused for such cannot liability
be convicted and Max of theis
While the transaction was taking place, the offense to
deemed of know
simple it because
slanderignorancealthough ofitthe is
traffic light changed to green and the car necessarily
law is neverincludedexcused.inAnd the since
offense hisofliability
grave
immediately sped off. As the car continued slander
is not primary
charged butinonly the subsidiary
information, in because,
case his
to speed towards Quiapo, A clung to the the lesser offense
employee cannot had pay;alreadyhe need prescribed
not be at
window of the car but lost his grip and fell O.G.
the time6468;
impleaded Francisco
thein the in vs.
information thewasCA, 122 SCRA
criminal
filed case.538;
(People It
us.
down on the pavement. The car did not stop. Magat
sufficesvs.
Rarang, that
(CA) People.
62 he was 201 duly 21) otherwise
SCRAnotified of the
A suffered serious injuries which eventually prosecutors
motion for issuance can easilyofcircumvent a subsidiary thewritrule ofof
caused his death. C was charged with Civil
prescription Liability;
in light When
offenses
execution and thus given the opportunity to Mandatory;
by the simple
ROBBERY with HOMICIDE. In the end, the Criminal
The accused
expediment
be heard. Liability
was
of found
filing (2005) guilty ofoffense
a graver 10 counts of
which
Court was not convinced with moral certainty rape
includesfor having
such light carnal knowledge with the
offense.
b) While
same woman.the general
In addition rule to is the
the penalty
failure of of an
that the guilt of C has been established
accused to file he
imprisonment, a motion
was ordered to quash to pay before he
beyond reasonable doubt and, thus,
pleads to the
indemnity in the complaint
amount or information,for
of P50,000.00 shall
acquitted him on the ground of reasonable
SUGGESTED ANSWER: be deemed
each count. On a appeal,
waiver of thethe accusedgrounds of a
doubt. Can the family
Yes, as against of the can
C, A's family victim
stillstill
recover motion to the
questions quash,award theofexceptions
civil indemnity to thisfor are:
recover civil damages in view of the
civil damages despite C's acquittal. When acquittal
the (1)
each nocount,
offense was charged
considering that in thethe complaint
victim is the
of C? Explain.
accused (5%) prosecution is
in a criminal or
sameinformation;
woman. How (2)wouldlack you of Jurisdiction;
rule on the (3)
acquitted on the ground that his guilt has not SUGGESTED
contentionANSWER:
extinction of
of the offense orExplain.
the accused? penalty; (3%)and (4)
been proved beyond reasonable doubt, a The
double contention
jeopardy.is Since unmeritorious.
the ground Under
invoked the
civil actionANSWER:
SUGGESTED for damages for the same act or law, every person
by the accused in his motion for criminally liable is civilly
1) Yes. ... may be instituted. Such action
omission (People
liable. vs. Balagtas)
(Art.
reconsideration 100,isRevised extinction Penal
of theCode) Since
offense,
requires only a preponderance of evidence each count charges different
then it can be raised even after plea. In fact, felonious acts
If
2) A's
As family
lawyer can prove the
of Andrew, negligence
I will file a motion of B to
by
{Art. 29, CC). it may even CIVIL
and ought to be
be invoked LIABILITY
punished
on appeal differently, the
preponderance
quash the Information of evidence,on thethe groundcivil action
of concomitant civil indemnity ex delicto for
for damages The
prescription. against crime B will prosper
of false based on
testimony every
Civil criminal
liability;act Effect should be of adjudged. Said
quasi-delict.
under Art. 180 Whoever by act orbecause
has prescribed omission Paolo, civil indemnity
Acquittal
Name (2000)
at least is mandatory
two exceptionsupon to the a finding
generalof
causes damage
the accused in the to another,
principal therecase, being
was fault the
rule fact
thatofinrape;case itofisacquittal
distinct from of theand should
accused
or negligence,
acquitted is obliged
on January 10, to 1987payandfor therefore
the not be denominated as moral
in a criminal case, his civil liability is likewise damages which
damage
the penaltydone. Such fault
prescribed foror negligence,
such crime is are based
SUGGESTED on
ANSWER:
extinguished.Homicide; (2%) different jural foundations.
Damages; Temperate
about
arrestopre-existing
mayor under contractual
Art. 180, par. relation
4, RPC. Exceptions
(People toJalosjos,
the rule that acquittal from a
Crimes punishable byisarresto In a crimev.of
Damages homicide, G.R.
(2006) Nos. 132875-76,
the prosecution failed
between the parties, called mayor
a quasi-delict criminal case
November extinguishes civil liability, are:
16, 2001)
prescribes to present any receipt to substantiate the
[Art. 2176, in CC).fiveThis
(5) isyears (Art.separate
entirely 90, par. 3, and 1) When the civil action is based on
heirs' arising
claim for an theaward act of
RPC). But the case against Andrew was filed actual damages,
distinct from civil liability arising from obligations not from complained of as a
Civil
only onLiability;
Juneunder 18,Subsidiary;
1994, whereas the principal such
2) asWhenexpenses for
acquittal the
felony;is wake and burial.
based on
negligence the Penal Code [Arts, 31,
Employers
Guy, while
criminal caseCC}.(1998)
driving a passenger
was decided with jeepney
finality on What
reasonablekind ofdoubt damages or may the is
acquittal trialoncourtthe
2176, 2177, SUGGESTED ANSWER:
owned
Januaryand 10, operated
1987 and,by Max, bumped
thence the Demy, award
ground to them and how much?
not (5%)
a pedestrianperiod crossing street.commenced
Demy The courtthat mayguilt awardhas temperate been
damages proven in
prescriptive of the crime beyond reasonable doubt (Art. 29, New Civil
sustained injuries which the amount of twenty-five (P25,000.00)
to run. From January 10, required
1987 to June medical 18, 3) Acquittal due
Code); to an exempting
Prescription of Crimes; thousand pesos. Under jurisprudence,
attendance
1994 is more forthan
three five (5) Simple
months. Guy was
years. circumstance, like Insanity; 4) Where the
Slander
A
charged (1997)
was charged
with in an information
reckless imprudence with the
resulting temperate damages is awarded in homicide
court states in its Judgment
when no sufficient proof of actual damages is that the case
crime of grave oral defamation
to physical injuries. Convicted by the but after trial, merely
the court found him guilty
Metropolitan Trial Court. Guy was sentencedonly of the offense offered involves
or if thea civil actual obligation;
damages5) proven Where is
there was a proper reservation
less than twenty-five thousand (P25,000) for the filing
of
to simple
suffer aslander.
straightHe filed aofmotion
penalty for
three months of of a separate civil action; 6) In cases of
reconsideration contending that, under the (People v. Salona, G.R. No. 151251, May 19,
arresto mayor and ordered to indemnify independent civil actions providedSecurityfor in Arts.
Upon
Demy finality
law, thein crime
the sum ofofthe of decision,
simple
P5,000 slandera writ
and of have
would
to pay
Crimes Against
2004). National
31, 32, 33 and 34 of the New Civil Code;
execution
prescribed
P1,000 was served
in two months
as attorney's upon Guy, but
fees. from commission, was and the
7) When Lawthe of Nations
judgment of acquittal
returned unsatisfied due
and since the information against him wasto his insolvency. includes a declaration that the fact from
Demy moved
filed more than forfour
a subsidiary
months after writ the
of alleged Piracy
which theincivil the Highmight
liability Seas arise& did not
execution against Max.
commission of the crime, the same had The latter opposed 8)
Qualified Where
exist (Sapiera
While the vs.the
Piracy
S.S. CA, civil
Nagoya (2006)
314 liability
Maru
SCRA 370); is not
was derived
negotiating
The
the Solicitor
motion General
on-the opposed
ground that thethe motion
decisionon or
already prescribed. thebased
sea route on fromthe criminal
Hongkong acttowards
of which the
Manila,
two grounds: first, in determining
made no mention of his subsidiary liability the (Sapiera
accused is vs. CA.
acquitted 314 SCRA 370).
and while still 300 miles from Aparri,
prescriptive
and that he was period, not the nature of
impleaded in the
the offense
case.
SUGGESTED ANSWER: Cagayan, its engines malfunctioned. The
charged in the Information
How will you resolve the motion? [5%] should be Civil liability; Effect of
The motion is tothebe granted. Max as an Captain ordered the ship to stop for
considered, not crime proved; second, Acquittal
A was a 17-year (2000) old working student who was
employer of Guy and engaged in an industry emergency repairs lasting for almost 15
assuming that the offense had already earning his keep as a cigarette vendor. B was
(transportation hours. Due to exhaustion, the officers and
prescribed, the business)defense was where
waived saidby the driving a car along busy Espana Street at
employee crew fell asleep. While the ship was
failure of A to raise it in a motion tocivilly
is utilized, is subsidiarily quash. about 7:00 p.m. Beside B was C. The car
liable under
SUGGESTED Article 103
ANSWER: of the Revised Penal anchored, a motorboat manned by renegade
Resolve the motion for reconsideration. stopped at an intersection because of the red
The
Code. motion for reconsideration
Even though the decisionshould made no be Ybanags from Claveria, Cagayan, passed by
signal of the traffic light. While waiting for
granted.-
mention of his subsidiary liability, the law and took advantage of the situation. They cut
the green signal, C beckoned A to buy some
violated (Revised Penal Code) itself 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
Criminal Law Bar Examination Q & A (1994-2006) 43 of 86
towards Aparri. At daybreak, the crew found they were ordered to kill Governor Alegre
that a robbery took place. They radioed the because of his corrupt practices. If you were
Aparri Port Authorities resulting in the the prosecutor, what crime will you charge
apprehension
What crime ofwas
the culprits.
committed? Explain. SUGGESTED
Joselito and ANSWER:
Vicente? [5%J
SUGGESTED ANSWER:
(2.5%) If I were the prosecutor, I would charge
Piracy in the high seas was committed by the Joselito and Vicente with the crime of
renegade Ybanags. The culprits, who are rebellion, considering that the killers were
neither members of the complement nor members of the liquidation squad of the New
passengers of the ship, seized part of the People's Army and the killing was upon
equipment of the vessel while it was three orders of their commander; hence,
hundred miles away from Aparri, Cagayan politically-motivated. This was the ruling in
(Art. 122, Revised Penal Code). People vs. Avila, 207 SCRA 1568 involving
Supposing that while the robbery was ALTERNATIVE ANSWER:
identical facts which is a movement taken
taking place, the culprits stabbed a If I were the prosecutor, I would charge
judicial notice of as engaged in rebellion
member of the crew while sleeping. Joselito and Vicente for the crime of murder
against the Government.
What crime was committed? Explain. as the purpose of the killing was because of
SUGGESTED ANSWER:
(2.5%) his "corrupt practices ", which does not
The crime committed is qualified piracy, appear to be politically motivated. There is
because it was accompanied by physical no indication as to how the killing would
injuries/homicide. The culprits stabbed a promote or further the objective of the New
member of the crew while sleeping (Art. 123, ALTERNATIVE ANSWER:
Peoples Army. The killing is murder because
Revised Penal Code). The crime should be rebellion with murder
it was committed with treachery.
considering that Art. 135 of the Revised
Crimes Against the Fundamental Penal Code has already been amended by
Law of the State Rep. Act No. 6968, deleting from said Article,
common crimes which used to be punished
Violation of Domicile vs. Trespass to as part and parcel of the crime of rebellion.
Dwelling
What (2002)
is the difference between violation of The ruling in People vs. Hernandez, 99 Phil.
domicile and trespass to dwelling? (2%) 515 (1994), that rebellion may not be
SUGGESTED ANSWER: completed with common crimes committed
The differences between violation of domicile in furtherance thereof, was because the
and trespass to dwelling are; 1) The offender common crimes were then penalized in Art.
in violation of domicile is a public 135 together with the rebellion, with one
officer acting under color of authority; in
penalty and Art. 48 of the Rev. Penal Code
trespass to dwelling, the offender is a
cannot be applied. Art. 135 of said Code
private person or public officer acting in
2) a private
Violation of domicile is committed in 3 remained exactly the same when the case of
capacity.
different ways: (1) by entering the dwelling of Enrile vs, Salazar, 186 SCRA 217 (1990) was
another against the will of the latter; (2) resolved. Precisely for the reason that Art. 48
searching papers and other effects inside the cannot apply because the common crimes
dwelling without the previous consent of the were punished as part of rebellion in Art. 135,
owner; or (3) refusing to leave the premises that
48. Itthis Article was
is noteworthy amended,
that in Enrile deleting
vs. the
which he entered surreptitiously, after being common crimes therefrom. That
Salazar (supra) the Supreme Court said the common
3)
requiredTrespass
to leave to
the dwelling
premises.is committed crimes
these: were deleted from said Article,
only in one way; that is, by entering the demonstrates
"There is ana apparent
clear legislative
need tointention to
restructure
dwelling of another against the express or treat
thethelawcommon crimeseither
on rebellion, as distinct
to raisefrom
the
implied will of the latter. rebellion
penalty and remove
therefor or the legal impediment
to clearly define and
to the application
delimit the ofother
Art. offenses to be
Crimes Against Public Order considered as absorbed thereby, so that if
it cannot be conveniently utilized as the
Art 134; Rebellion; Politically umbrella for every sort of illegal activity
Motivated; Committed by NPA undertaken in its name. The Court has no
Members
On May 5,(1998)
1992, at about 6:00 a.m., while power to effect such change, for it can
Governor Alegre of Laguna was on board his only interpret the law as it stands at any
car traveling along the National Highway of given time, and what is needed lies
Laguna, Joselito and Vicente shot him on the beyond interpretation. Hopefully,
head resulting in his instant death. At that Congress will perceive the need for
And significantly the said amendment to
time, Joselito and Vicente were members of promptly seizing the initiative in this
Art. 135 of the Rev. Penal Code was
the liquidation squad of the New People's matter, which is purely with in its
made at around the time the ruling in
Army and they killed the governor upon province,"
Salazar was handled down, obviously to
orders of their senior officer. Commander
Tiago. According to Joselito and Vicente,
Criminal Law Bar Examination Q & A (1994-2006) 44 of 86
neutralize the Hernandez and the Salazar Art 134-A; Coup d’etat; New
rulings. The amendment was sort of a Firearms
1. How is Law (1998)
the crime of coup d'etat
rider to the coup d'etat law, Rep. Act No 2. Supposing[3%]
committed? a public school teacher
6968. participated in a coup d'etat using an
Art 134-A: Coup d’ etat & Rape; unlicensed firearm. What crime or crimes did
Frustrated
Taking (2005) the nature and elements
into account SUGGESTED
he commit? ANSWER:
[2%]
of the felonies of coup d’ etat and rape, may 1. The crime of coup d'etat is committed by a
one be criminally liable for frustrated coup d’ swift attack, accompanied by violence,
etat or frustrated rape? Explain. (2%) intimidation, threat, strategy or stealth
SUGGESTED ANSWER: against the duly constituted authorities of
No, one cannot be criminally liable for the Republic of the Philippines, military
frustrated coup d’ etat or frustrated rape camps and installations, communication
because in coup d’ etat the mere attack networks, public utilities and facilities needed
directed against the duly constituted for the exercise and continued possession of
authorities of the Republic of the Philippines, power, carried out singly or simultaneously
or any military camp or installation, anywhere in the Philippines by persons
communication networks, public utilities or belonging to the military or police or holding
other facilities needed for the exercise and public office, with or without civilian support
continued possession of power would 2.
or The public school
participation, for teacher committed
the purpose only
of seizing or
consummate the crime. The objective may coup d'etat for his participation therein.
diminishing state power. (Art 134-A, RPC). His
not be to overthrow the government but only use of an unlicensed firearm is absorbed in
to destabilize or paralyze the government the coup d'etat under the new firearms law
through the seizure of facilities and utilities (Rep. Act No. 8294).
On the other hand, in the crime of rape there
essential to the continued possession and
is no frustrated rape it is either attempted or
exercise of governmental powers.
consummated rape. If the accused who
placed himself on top of a woman, raising her
skirt and unbuttoning his pants, the endeavor
to have sex with her very apparent, is guilty
of Attempted rape. On the other hand, entry
on the labia or lips of the female organ by
the penis, even without rupture of the hymen
or laceration of the vagina, consummates the
crime of rape. More so, it has long
abandoned its “stray” decision in People vs.
Erina 50 Phil 998 where the accused was
Art 134-A; Coup
found guilty of Frustrated rape.
d’etat
If (2002)
a group of persons belonging to the armed
forces makes a swift attack, accompanied by
violence, intimidation and threat against a
vital military installation for the purpose of
seizing power and taking over such
SUGGESTED ANSWER:
installation, what crime or crimes are they
The perpetrators,
guilty of? (3%) being persons belonging to
the Armed Forces, would be guilty of the
crime of coup d'etat, under Article 134-A of
the Revised Penal Code, as amended,
because their attack was against vital
military installations which are essential to
the continued possession and exercise of
governmental powers, and their purpose is
B.
to Ifseize
the attack
poweris quelled
by taking but the
overleader
such
is unknown, who shall be deemed the
installations.
SUGGESTED
leader ANSWER:(2%)
thereof?
The leader being unknown, any person who
in fact directed the others, spoke for them,
signed receipts and other documents issued
in their name, or performed similar acts, on
behalf of the group shall be deemed the
leader of said coup d'etat (Art 135, R.P.C.)
Criminal Law Bar Examination Q & A (1994-2006) 45 of 86
barangay chairman, B, who followed them as day, while the class was going on, the
he suspected that an untoward incident might student, B, approached A and, without any
happen. Upon seeing A inside the classroom, warning, slapped her. B would have inflicted
X pointed him out to his father, Y, who further injuries on A had not C, another
administered a fist blow on A, causing him to student, come to A's rescue and prevented B
fall down. When Y was about to kick A, B from continuing his attack. B turned his ire
rushed towards Y and pinned both of the on C and punched the latter. What crime or
SUGGESTED ANSWER:
latter's arms. Seeing his father being held by crimes, if any, did B commit? Why? (5%)
B committed two (2) counts of direct assault:
B, X went near and punched B on the face,
one for slapping the professor, A, who was
which caused him to lose his grip on Y.
then conducting classes and thus exercising
Throughout this incident, Z shouted words of
authority; and another one for the violence
encouragement at Y, her husband, and also
on the student C, who came to the aid of the
threatened to slap A. Some security guards of
said professor.
the school arrived, intervened and By express provision of Article 152, in relation
surrounded X, Y and Z so that they could be to Article 148 of the Revised Penal Code,
investigated in the principal's office. Before teachers and professors of public or duly
leaving, Z passed near A and threw a small recognized private schools, colleges and
flower pot at him but it was deflected by B. a) universities in the actual performance of their
What, if any,
SUGGESTED are the respective criminal
ANSWER: professional duties or on the occasion of such
liability
a) X isofliable
X Y and
for Z? (6%)
Direct b) Would
Assault your
only, performance are deemed persons in authority
answer
assuming bethe
thephysical
same if B were ainflicted
injuries barangayon B, for purposes of the crimes of direct assault
tanod only? (4%)
the Barangay Chairman, to be only slight and and of resistance and disobedience in Articles
hence, would be absorbed in the direct Art
148 136;and 151 Conspiracy
of said Code. to Commit
And any person
assault. A Barangay Chairman is a person Rebellion
VC, JG. GG (1994)
and JG conspired
who comes to the aid of persons to overthrow the
in authority
in authority (Art. 152, RPC) and in this case, Philippine Government. VG
shall be deemed an agent of a person in was recognized
was performing his duty of maintaining peace as the titular
authority. head of thethe
Accordingly, conspiracy.
attack onSeveralC is, in
and order when attacked. meetings were held
the eyes of the law, an attack and the planonwas
an agent of
Y is liable for the complex crimes of Direct Art
finalized. 148; Persons in
a person JJ, in bothered
authority,by nothisjust
conscience,
an attack on a
Assault With Less Serious Physical Injuries for Authority/Agents
confessed of Persons in
student. to Father Abraham that he, VG, JG
the fist blow on A, the teacher, which caused Authority
Who
and GG arehave (2000)
deemed to be to
conspired persons
overthrowin authority
the
the latter to fall down. For purposes of the and agents of persons
government. Father Abraham did not in authority? (3%)
report
crimes in Arts. 148 and 151 of the Revised SUGGESTED ANSWER:
this information to the proper authorities. Did
Penal Code, a teacher is considered a person Persons in authority are persons directly
Father Abraham commit a crime? If so, what
in authority, and having been attacked by Y vested
SUGGESTED with
ANSWER: jurisdiction, whether as an
crime was committed? What is his criminal
by reason of his performance of official duty, No, Fatheror
individual Abraham
as a member did notofcommit a crime
some court or
liability?
direct assault is committed with the resulting because the conspiracy
government corporation, involved is one to
board, or
less serious physical injuries completed. Z, commit rebellion,
commission. Barrio notcaptains
a conspiracy and tobarangay
commit
the mother of X and wife of Y may only be treason which
chairmen are makesalso deemeda personpersons criminally in
Agents
liable under
authority. of persons
(Article Art152, 116,
RPC)in RFC.
authority
And even are
liable as an accomplice to the complex
persons
assuming who thatby it direct
will provision of law or by
fall as misprision of
crimes of direct assault with less serious
election
treason, or Fatherby appointment
Abraham is exempted by competent from
physical injuries committed by Y. Her
authority, are charged
criminal liability under Art. with12, maintenance
par. 7, as his of
participation should not be considered as
public
failure order,
to report thecan protection
be consideredand security
as due to of
that of a coprincipal, since her reactions were
b) If B were a Barangay Tanod only, the act life and property,
"insuperable such as
cause", as barrio councilman,
this involves the
only incited by her relationship to X and Y. as Conspiracy
of X of laying hand on him, being an agent of
the mother of X and the wife of Y.
barrio
sanctity and to
policeman, commit
barangay
inviolability rebellion
of leaderresults
a confession. and any in
a person in authority only, would constitute criminalwho
person liability
comes to tothethe co-conspirators,
aid of personsbut in
the crime of Resistance and Disobedience In
notapplying
to a person
authority the152,
(Art. provisions
who learned
RPC), of Articles
of such 148 and and
did
under Article 151, since X, a high school 151 of the Rev. Penal
not report to the proper authorities (US vs. Code, teachers,
pupil, could not be considered as having professors
Vergara, 3 Phil.and persons
432; People charged
vs. Atienza. with
56 Phil. 353).the
acted out of contempt for authority but more Art 148; Direct
supervision Assaultorvs.duly
of public Resistance
recognized
of helping his father get free from the grip of & Disobedience
private schools, (2001) colleges and universities,
B. Laying hand on an agent of a person in A, a lawyers
and teacher in at the
MapaactualHigh performance
School, having of
authority is not ipso facto direct assault, gotten
their mad at X, duties
professional one oforhis onpupils, because
the occasion of
while it would always be direct assault if of
such theperformance,
latter's throwing shall be paper
deemedclips persons
at his
Art
done148;
to a Direct
person Assault; Teachers
in authority & to
in defiance classmates, twisted his
in authority. (P.D. No. 299, and Batasright ear. X went out
Professors
A, a lady (2002)
professor, was giving an Art
of the 156; Delivery
classroom
Pambansa Blg. 873). crying of Prisoners
and proceeded home
the latter is exercise of authority. from
examination. She noticed B, one of the A, a Jail
located at(2002)
detention the prisoner,
back of was the taken
school.toHe a
students, cheating. She called the student's hospital
reported for to hisemergency
parents Ymedicaland Z what treatment.
A had
attention and confiscated his examination His
done followers,
to him. Yall and of Zwhom were armed,
immediately proceededwent
booklet, causing embarrassment to him. The to
to thethehospital
school tobuilding
take himand away or
because they
following were running and talking in loud voices, they
were seen by the
Criminal Law Bar Examination Q & A (1994-2006)
help him escape. The prison guards, seeing
that they were outnumbered and that
resistance would endanger the lives of other
patients, deckled to allow the prisoner to be
taken by his followers. What crime, if any,
SUGGESTED ANSWER:
was committed by A's followers? Why? (3%)
A's followers shall be liable as principals in
the crime of delivery of prisoner from Jail
(Art. 156, Revised Penal Code).

The felony is committed not only by removing


from any jail or penal establishment any
person confined therein but also by helping in
the escape of such person outside of said
establishments by means of violence,
intimidation, bribery, or any other means.
Art 157; Evasion of Service of
Sentence
Manny (1998)
killed his wife under exceptional
circumstances and was sentenced by the
Regional Trial Court of Dagupan City to suffer
the penalty of destierro during which he was
not to enter the city.
While serving sentence, Manny went to
Dagupan City to visit his mother. Later, he
1.
wasDid Mannyincommit
arrested Manila.any
2. If so,
crime? where should he be
[3%]
prosecuted?
SUGGESTED [2%]
ANSWER:
1. Yes. Manny committed the crime of
evasion of service of sentence when he went
to Dagupan City, which he was prohibited
from entering under his sentence of
destierro.
A sentence imposing the penalty of destierro
is evaded when the convict enters any of the
place/places he is prohibited from entering
under the sentence or come within the
prohibited radius. Although destierro does
not involve imprisonment, it is nonetheless a
deprivation of liberty. (People vs. Abilong. 82
2. Manny
Phil. 172).may be prosecuted in Dagupan City
or in Manila where he was arrested. This
is so because evasion of service of
sentence is a continuing offense, as the
convict is a fugitive from justice in such
case. (Parulan vs. Dir. of Prisons, L-
28519, 17 Feb. 1968)
Criminal Law Bar Examination Q & A (1994-2006) 46 of 86
fetched by one of Pascual's men tried to acting as principal offenders, launched a
appease Pascual and Renato to prevent a swift attack thru strategy, stealth, threat,
violent confrontation. However, Pascual violence or intimidation against duly
resented the intervention of the barangay constituted authorities of the Republic of the
captain and hacked him to death. What Philippines, military camp or installation,
SUGGESTED
crime was ANSWER:
committed by Pascual? Discuss communication networks, public facilities or
Pascual
fully. committed the complex crime of utilities needed for the exercise and
homicide with assault upon a person in continued possession of governmental
authority (Arts. 148 and 249 in relation to Art, powers, for the purpose of seizing or
48, RPC). A barangay chairman, is in law (Art. Unlike rebellion
diminishing which requires a public
state powers.
152), a person in authority and if he is uprising, coup d'etat may be carried out
attacked while in the performance of his singly or simultaneously and the principal
official duties or on the occasion thereof the offenders must be members of the military,
felony of direct assault is committed. national police or public officer, with or
Art. 48, RPC, on the other hand, provides without civilian support. The criminal
that if a single act produces two or more objective need not be to overthrow the
grave or less grave felonies, a complex existing government but only to destabilize
crime is committed. Here, the single act of Complex Crime;
or paralyze the Direct
existing Assault
government.
the offender in hacking the victim to death with murder
Because (2000)
of the approaching town fiesta in
resulted in two felonies, homicide which is San Miguel, Bulacan, a dance was held in
grave and direct assault which is less grave. Barangay Camias. A, the Barangay Captain,
Crimes against Public Interest was invited to deliver a speech to start the
dance. While A was delivering his speech. B,
False Notes; Illegal one of the guests, went to the middle of the
Possession
1Is (1999) of false money bills
mere possession dance floor making obscene dance
punishable under Article 168 of the Revised Penal movements, brandishing a knife and
Code? Explain. (3%) challenging everyone present to a fight. A
2The accused was caught in possession of 100 approached B and admonished him to keep
counterfeit P20 bills. He could not explain how and quiet and not to disturb the dance and peace
why he possessed the said bills. Neither could he of the occasion. B, instead of heeding the
explain what he intended to do with the fake bills. advice of A, stabbed the latter at his back
Can he be held criminally liable for such twice when A turned his back to proceed to
SUGGESTED ANSWER:
possession? Decide. (3%} the microphone
The complex crime to continue his speech.
of direct assaultA with
fell
to the ground
murder and died. At
was committed. A, the
as time of the
a Barangay
SUGGESTED ANSWER:
incident Aiswas
Captain, not armed.
a person What crime
in authority and was
was
1No. Possession of false treasury or bank note
committed?
acting in an Explain. (2%)
official capacity when he tried to
alone without an intent to use it, is not punishable.
But the circumstances of such possession may maintain peace and order during the public
indicate intent to utter, sufficient to consummate dance in the Barangay, by admonishing B to
the crime of illegal possession of false notes. keep quiet and not to disturb the dance and
2Yes. Knowledge that the note is counterfeit and peace of the occasion. When B, instead of
intent to use it may be shown by the conduct of heeding A's advice, attacked the latter, B
the accused. So, possession of 100 false bills acted in contempt and lawless defiance of
reveal: (a) knowledge that the bills are fake; and authority constituting the crime of direct
(b) intent to utter the same. assault, which characterized the stabbing of A.
And since A was stabbed at the back when he
Art. 134; Rebellion vs. Coup
was not in a position to defend himself nor
d'etat (2004)
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.
SUGGESTED ANSWER:
was murder
Art 148; and having
Direct been
Assault committed with
with
REBELLION is committed when a multitude of direct assault,
murderoperated
Pascual a complex crime of direct
(1995) a rice thresher in Barangay
persons rise publicly in arms for the purpose assault with murder was committed by B.
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
or any D'ETAT is committed when members
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
Criminal Law Bar Examination Q & A (1994-2006) 47 of 86 The judge immediately ordered
document; or by erasing, substituting, the prosecution of Andrew for giving a false
counterfeiting, or altering by any means the testimony favorable to the defendant in a
figures, letters, words or signs contained criminal case. 1.] Will the case against
therein. Andrew prosper? 2.] Paolo was acquitted.
FALSIFICATION, on the other hand, is committed The decision became final on
1Counterfeiting 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
2Causing it to appear that persons have lawyer, what legal step will you
participated in any act or proceeding when they take? ANSWER:
SUGGESTED
did not in fact so participate; 1) Yes. For one to be criminally liable under
3Attributing to persons who have participated in anArt. 181, RFC, it is not necessary that the
act or proceeding statements other than those in criminal case where Andrew testified is
fact made by them; terminated first. It is not even required of the
4Making untruthful statements in a narration of prosecution to prove which of the two
facts; statements of the witness is false and to
5Altering true dates; prove the statement to be false by evidence
6Making any alteration or intercalation in a other than the contradictory statements
genuine document which changes its meaning; (People vs. Arazola, 13 Court of Appeals Report,
2)
2ndAs lawyer
series, of Andrew, I will file a motion to
p. 808).
7Issuing in an authenticated form a document
quash the Information on the ground of
purporting to be a copy of an original document
prescription. The crime of false testimony
when no such original exists, or including in such
under Art. 180 has prescribed because Paolo,
copy a statement contrary to, or different from,
the accused in the principal case, was
that of the genuine original; or
acquitted on January 10, 1987 and therefore
8Intercalating any instrument or note relative to
the penalty prescribed for such crime is
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;
1994 is more thanPresumption
five (5) years. of
Falsification
A (1999)
falsified official or public document was
found in the possession of the accused. No
evidence was introduced to show that the
accused was the author of the falsification.
As a matter of fact, the trial court convicted
the accused of falsification of official or public
document mainly on the proposition that "the
only person who could have made the
erasures and the superimposition mentioned
is the one who will be benefited by the
alterations thus made" and that "he alone
Was
could the conviction
have of theforaccused
the motive makingproper
such
False Testimony although the
alterations". conviction was premised merely
(1994)
Paolo was charged with homicide before the on the aforesaid ratiocination? Explain your
Regional Trial Court of Manila. Andrew, a SUGGESTED
answer. (3%) ANSWER:
prosecution witness, testified that he saw Yes, the conviction is proper because there is
Paolo shoot Abby during their heated a presumption in law that the possessor and
argument. While the case is still pending, the user of a falsified document is the one who
City Hall of Manila burned down and the entire falsified the same.
Forgery &
records of the case were destroyed. Later, the
Falsification
How (1999)
are "forging" and "falsification" committed?
records were reconstituted. Andrew was again
(3%)
SUGGESTED ANSWER:
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) 48 of 86
49
There is no crime of subornation of perjury. consideration"
Sisenando purchased of the promptthe share enforcement
of the of
The crime is now treated as plain perjury with stockholders
the writ of execution
of Estrella whichCorporation
is an official in two duty
the one inducing another as the principal of the sheriff
ALTERNATIVE
installments, to
ANSWER;do. him the majority
making
inducement, and the latter, as principal by a) On the premise
stockholder thereofthat and even withoutitsthe
eventually,
direct participation (People vs. Podol 66 Phil. P2,000, Sheriff Ben Rivas
president. Because the stockholders had to carrywho outsold
365). Since in this case A cannot be held liable the writ of execution and
their stocks failed to comply with their not that he would
for perjury, the matter that he testified to be implementing
warranties attendant the writ
to the only sale,because
Sisenando of
being immaterial, he cannot therefore be held the P2,000.00, the receipt
withheld payment of the second installment of the amount by
responsible as a principal by inducement said sheriff may be regarded
due on the shares and deposited the money in as a gift
when he induced C to testify on his status. received by reason
escrow instead, subjectof histooffice
release andonce not said
as a
Consequently, C is not liable as principal by "consideration"
stockholders comply for the performance
with their warranties. of an The
direct participation in perjury, having testified official duty; concerned,
stockholders hence, onlyinindirect turn,and Bribery the
rescinded
Perjury b)
would Onbe the part of the
committed by plaintiff
said sheriff. her
on matters not material to an administrative sale
lawyerin question
as giver of and theremoved
bribe-money, Sisenando the from
(2005)
Al Chua, a Chinese national, filed a petition
case. the Presidency of the Estrella
crime is Corruption of Public Officials under Corporation,
under oath for naturalization, with the Sisenando
Article 212,then filed Penal
Revised a verified Code. complaint for
Regional Trial Court of Manila. In his petition, damages
Direct Bribery: Infidelity in the in his
against said stockholders
he stated that he is married to Leni Chua; that capacity
Custodyas ofpresident
Documents and (2005)
principal
he is living with her in Sampaloc, Manila; that stockholder
During a PNPofbuy-bust
Estrella Corporation.
operation, Cao In Shih
he is of good moral character; and that he has retaliation,
was arrested theforstockholders
selling 20 grams concerned,
of after
conducted himself in an irreproachable petitioning the Securities
methamphetamine and Exchange
hydrochloride (shabu) to
manner during his stay in the Philippines. Commission
a poseur-buyer. to declare
Cao Shih, thethrough
rescission an valid,
However, at the time of the filing of the further
intermediary, paid Patrick, the Evidenceagainst
filed a criminal case for perjury
petition, Leni Chua was already living in Cebu, Sisenando,
Custodian ofclaimingthe PNPthat the latter
Forensic perjured
Chemistry
while Al was living with Babes Toh in Manila, himself
Section, the amount of P500,000.00ininthe
SUGGESTED when he
ANSWER: stated under oath
with whom he has an amorous relationship. No, Sisenando may not be held liable for that
verification
consideration of for
his complaint
the destruction for damages
by Patrick of
After his direct testimony, Al Chua withdrew perjury because It cannot be reasonably
he is the President of the
the drug. Patrick managed to destroy the Estrella Corporation
his petition
Grave Scandalfor naturalization. What crime or maintained
SUGGESTED ANSWER: when
drug. in factthat
State he had
with he willfully
already
reasons and
been
whether deliberately
removed
Patrick as
crimes,
Al Chua
(1996)
Pia, if
a bold any, did Al
committed
actress Chua
living oncommit?
perjury. top floorExplain.
His declaration
of a made an assertion of a falsehood when he
such. Under
SUGGESTED the
ANSWER: facts of the
committed the following crimes: (7%) 1.] case, could
(5%)
under
plush condominium in Makati City he
oath for naturalization that is of
sunbathed Patrick
alleged committed
in the complaintthe crimes
that heof is
Direct
the
Sisenando
Direct be
Bribery; held liable for perjury? Explain.
good
nakedmoral
at its character
penthouseand everyresiding
Sunday at Bribery
President andof Infidelity
the Corporation,in the Custody obviously, of he
Sampaloc, Manila are false. This
morning. She was unaware that the business information Documents.
made the allegationWhen a on public
the officer
premise is that
called his
is material to
executives his petition
holding office atforthenaturalization.
adjoining tall upon
removalto perform
from theorpresidency
refrain from performing
is not valid and
He committed
buildings perjury
reported for this
to office willful
every and
Sunday an
thatofficial act in the
is precisely exchange for a gift,
issue brought present
about by
deliberate
morning and, assertion
with the of use
falsehood
of powerfulwhich is or
hisconsideration
complaint to the given to him
SEC. It is a (Art.
fact210,that
contained
binoculars,inkept a verified
on gazing petition
at her made
while forshe
a Revised
Sisenando Penal
has Code),
been the thePresident
crime committed of the is
legal purpose.
sunbathed. (Choa v. People,
Eventually, G.R. No. 142011,
her sunbathing direct bribery.
corporation and Secondly,
it is fromhe that destroyed
position the that
MarchCrimes
became 14,the
2003) Committed
talk of the town. by Public
1) What crime, shabu which is anconcerned
the stockholders evidence in his official
purportedly
if any, did Pia commit?Officers Explain, 2) What custody,
removed thus, constitutinghe
him, whereupon infidelity
filed the in the
SUGGESTED ANSWER: custody of documents under Art. 226 of the
crime, if any, complaint questioning his removal. There is
1) Pia did not did the business
commit a crime, executives
the felony Perjury
2.]
Revised Indirect
Penal bribery;
Code.
commit?
Bribery &Explain.
Corruption
closest to making Pia criminally of Public liable is no willful and deliberate assertion of a
(1997)
A, a government
SUGGESTED ANSWER:employee, was
Official
Deputy (2001)
Sheriff Ben falsehood whichwas is a not
requisite of perjury.
Grave Scandal, but Rivas
then suchreceivedact isfrom
not tothebe Indirect bribery
administratively charged committed
with immorality because for
RTC Clerk of Court a Writ
considered as highly scandalous and of Execution in the he
having an affair with B, a coemployeeofinhis
did not receive the bribe because the
case of Ejectment filed by Mrs.
offensive against decency and good customs. Maria Estrada office but in who
same office consideration
believed him of ato crime in
be single. To
vs. Luis
In the Ablan.
first place,Theit judgment
was not done being in in favor of
a public connection with his official
exculpate himself, A testified that he was duty.
Estrada, Rivas went to her lawyer's
place and within public knowledge or view. office single and was willing to marry B, He induced
where he was
As a matter of given
fact itthewasnecessary
discovered amounts
by the 3.] Section
C to testify and C 3(e)did of RA 3019
testify that B(Anti-
was
constituting the sheriffs and
executives accidentally feestheyand have
expenses to use Graft
single.and
The Corrupt
truth, however,Practices was Act);
that A had
for execution
binoculars in thepublic
to have total amount
and full of P550.00,
view of Pia SUGGESTED ANSWER:
earlier married D, now a neighbor of C. Is A
2) Thefrom
aside business executives
P2,000.00 did not commit
in consideration of See. 3(e), R.A.
SUGGESTED ANSWER:No. 8019 was not committed
sunbathing in the nude. guilty of perjury? Are A and C guilty of
any crime.
prompt Their acts of
enforcement could
the notwritbefrom acts of
Estrada No. A is not
because thereguilty
wasofno perjury
actualbecauseinjury tothe the
subordination of perjury?
lasciviousness
and her lawyer.[as The there
writ was
was no overt lustful
successfully willful falsehood
government. When asserted
there is byno him is not
specific
act), or slander,
enforced. a) What ascrime,
the eventual
if any, did talkthe
of the material toinjury,
quantified the chargeviolationof immorality.
is not committed.
town, resulting
sheriff commit?from (3%)her sunbathing,
b) Was there any is crime
not Whether A is single
(Garcia-Rueda vs Amor, oretmarried,
al., G.R. the charge of
No. 116938,
SUGGESTED ANSWER: immorality20,
September against
2001) him as a government
directly imputed
committed by to theand
Estrada business
her executives,
lawyer and if
a) The sheriff committed the crime of Direct 4.]
employee Obstruction
could proceed of Justice
or prosper. under PD
In other
andwhat
so, besides such(2%)
crime? topic is not intended to
Bribery under the second paragraph of Article SUGGESTED
words, A's ANSWER:
1829; civil status is not a defense to the
defame or put Pia to ridicule.
210,
PerjuryRevised Penal Code, since the P2,000 Patrick
charge committed
of immorality, thehence,
crime of not obstruction
a material
was
(1996)received by him "in of justice although the feigner
matter that could influence the charge. penalty
imposable on direct bribery
Criminal Law Bar Examination Q & A (1994-2006) 50 of 86
or infidelity in the custody of documents shall account for the government property is
be imposed. Sec. 1 of P.D. No. 1829 refers enough factual basis for a finding of
merely to the imposition of the higher malversation. Indeed, even his explanation
penalty and does not preclude prosecution that the guns were stolen is incredible. For if
for obstruction of justice, even if the same the firearms were actually stolen, he should
ALTERNATIVE
not constituteANSWER:
another offense. have reported the matter immediately to the
Obstruction of Justice is not committed in authorities. (People vs. Baguiran , 20 SCRA 453;
this case, because the act of destroying the Felicilda us. Grospe, GR No. 10294, July 3, 1992)
evidence in his custody is already penalized Malversation
by another law which imposes a higher (1999)
What constitutes the crime of malversation
penalty. (Sec. 1, P.I). No. 1829) of public funds or property? (2%)
Jurisdiction; Impeachable Public SUGGESTED ANSWER:
Officers
Judge Rod(2006)
Reyes was appointed by former Malversation of public funds or property is
President Fidel Ramos as Deputy Ombudsman committed by any public officer who, by
for the Visayas for a term of 7 years reason of the duties of his office, is
commencing on July 5,1995. Six months accountable for public funds or property, shall
thereafter, a lady stenographer filed with the take or misappropriate or shall consent, or
Office of the Ombudsman a complaint for acts through abandonment or negligence, shall
of lasciviousness and with the Supreme Court permit any other person to take such public
a petition for disbarment against him. funds or property, wholly or partially, or shall
Forthwith, he filed separate motions to otherwise be guilty of the misappropriation or
dismiss the complaint for acts of malversation of such funds or property, (Art,
Malversation
lasciviousness and petition for disbarment, 217, RPC)
SUGGESTED ANSWER: (1999)
A Municipal Treasurer, accountable for public
claiming
The motion lack
toof jurisdiction
dismiss over his person
the complaint of the funds or property, encashed with public
and office. Are both motions
Deputy Ombudsman for the acts meritorious?
of funds private checks drawn in favor of his
(5%)
lasciviousness should be denied as only the wife. The checks bounced, the drawer not
Ombudsman is included in the list of having enough cash in the drawee bank. The
impeachable officers found in Article XI of the Municipal Treasurer, in encashing private
1987 Constitution. Therefore, the checks from public funds, violated
Sandiganbayan has jurisdiction over his regulations of his office. Notwithstanding
prosecution (Office of the Ombudsman vs. CA, restitution of the amount of the checks, can
SUGGESTED ANSWER:
G.R. 146486, March 4, 2005). Likewise, the the Municipal Treasurer nevertheless be
Yes, notwithstanding the restitution of the
Supreme Court has jurisdiction over the criminally liable? What crime did he commit?
amount of the check, the Municipal
petition for disbarment, as he is a member of Explain. (2%)
Treasurer will be criminally liable as
the bar. His motion to dismiss should be restitution does not negate criminal liability
Malversation
denied (See Rule 139 and 139 of the Rules of although it may be considered as a
(1994)
Randy,
Court). an NBI agent, was issued by the NBI mitigating circumstance similar or analogous
an armalite rifle (Ml6) and a Smith and
Wesson Revolver. Cal. 38. After a year, the to voluntary surrender. (People vs.
NBI Director made an inspection of all the Velasquez, 73 Phil 98), He will be criminally
firearms issued. Randy, who reported for liable for malversation. However, if the
work that morning, did not show up during restitution was made immediately, under
the inspection. He went on absence without vehement protest against an imputation of
Malversation
malversation and without leaving the office,
leave (AWOL). After two years, he (2001)
Alex Reyes, together with Jose Santos, were
surrendered to the NBI the two firearms he may not be criminally liable.
former warehousemen of the Rustan
issued to him. He was charged with Department Store. In 1986, the PCGG
Randy put up of
malversation the defense that
government he did not
property before
appropriate the armalite rifle and the sequestered the assets, fund and properties
the Sandiganbayan. of the owners-incorporators of the store,
revolver for his own use, that the delay in
accounting for them does not constitute alleging that they constitute "Ill-gotten
conversion and that actually the firearms wealth" of the Marcos family. Upon their
were stolen by his friend, Chiting. Decide the application, Reyes and Santos were appointed
SUGGESTED
case. ANSWER: as fiscal agents of the sequestered firm and
Randy is guilty as charged under Art. 217, they were given custody and possession of
RPC. He is accountable for the firearms they the sequestered building and its contents,
issued to him in his official capacity. The including various vehicles used in the firm's
failure of Randy to submit the firearms upon operations. After a few months, an inventory
demand created the presumption that he was conducted and it was discovered that two
converted them for his own use. Even if there (2) delivery vans were missing. After demand
is no direct evidence of misappropriation, his was made upon them, Reyes and Santos
failure to failed to give any satisfactory explanation
why the vans were missing or to turn them
over to the PCGG; hence, they were charged
with Malversation of Public Property. During
the trial, the two
Criminal Law Bar Examination Q & A (1994-2006) 51 of 86
accused claimed that they are not public Dela Renta may still be suspended pendente
accountable officers and, if any crime was lite despite holding a different public office,
committed, it should only be Estafa under the PDIC, when he was charged. The term
Art. 315, par. l(b) of the Revised Penal Code. "office" in Sec. 13 of R.A. 3019 applies to any
What is the proper offense committed? State office which the officer might currently be
the reason(s) for your answer. (5%) holding and not necessarily the office or
SUGGESTED ANSWER: position in relation to which he is charged
The proper offense committed was (Segovia v. Sandiganbayan, G.R. No. 122740,
Malversation of Public Property, not estafa, Malversation
March 30,1998). vs.
considering that Reyes and Santos, upon Estafais(1999)
How malversation distinguished from
their application, were constituted as "fiscal estafa?
SUGGESTED ANSWER:
agents" of the sequestered firm and were Malversation differs from estafa in that
"given custody and possession" of the malversation is committed by an accountable
sequestered properties, including the public officer involving public funds or
delivery vans which later they could not property under his custody and
account for. They were thus made the accountability; while estafa is committed by
depositary and administrator of properties non-accountable public officer or private
deposited by public authority and hence, by individual involving funds or property for
the duties of their office/position, they are which he is not accountable to the
Malversation:
government. Anti-Fencing: Carnapping
accountable for such properties. Such
(2005) Allan, the Municipal Treasurer of the
properties, having been sequestered by the
Municipality of Gerona, was in a hurry to
Government through the PCGG, are in
The failure of Reyes and Santos to give any return to his office after a day-long official
custodia legis and therefore impressed with
satisfactory explanation why the vans were conference. He alighted from the government
the character of public property, even though
missing, is prima facie evidence that they car which was officially assigned to him,
the properties belong to a private individual
had put the same to their personal use. leaving the ignition key and the car unlocked,
(Art. 222, RPC).
Malversation and rushed to his office. Jules, a bystander,
(2006)
1. In 1982, the Philippine National Bank (PNB), drove off with the car and later sold the same
then a government banking institution, hired What are theDanny
to his brother, respective crimes, if any,
for P20,000.00,
Henry dela Renta, a CPA, as Regional Bank committed
although the by Allan,
car was Danny
worth and Jules?
P800,000.00.
Auditor. In 1992, he resigned and was SUGGESTED ANSWER:
Explain.
employed by the Philippine Deposit Insurance Allan, the municipal treasurer is liable for
Corporation (PDIC), another government- malversation committed through negligence
owned and controlled corporation. In 1995, or culpa. The government car which was
after the PNB management unearthed many assigned to him is public property under his
irregularities and violations of the bank's rules accountability by reason of his duties. By his
and regulations, dela Renta was found to have act of negligence, he permitted the taking of
manipulated certain accounts involving trust the car by another person, resulting in
funds and time deposits of depositors. After malversation, consistent with the language
Danny violated
of Art. 217 the
of the Anti-Fencing
Revised Law. He is in
Penal Code.
investigation, he was charged with possession of an item which is the subject of
malversation of public funds before the P.D. No. 1612 (Anti-Fencing Law) under
thievery.
Sandiganbayan.
SUGGESTED ANSWER:
He filed a motion to dismiss Section 5 provides that mere possession of
contending he was
The contention of Henry no longer
dela an employee
Renta is not of any good, article, item, object or any thing of
the PNB but of the PDIC. Is dela Renta's
tenable. Dela Renta may be prosecuted for value which has been the subject of robbery
contention
malversation tenable?
even if (2.5%)
he had ceased to be an or thievery shall be prima facie, evidence of
employee of the PNB. At the time of the fencing.
commission of the offense, PNB was a Jules is guilty of carnapping. He took the
government owned and controlled motor vehicle belonging to another without
corporation and therefore, any crime the latter's consent. (R.A. No. 6539)
committed by the Regional Bank Auditor,
who is a public officer, is subject to the What, if any, are their respective civil
2. After his arraignment,
jurisdiction the prosecution
of the Sandiganbayan (See R.A. liabilities? Explain. (5%)
filed SUGGESTED ANSWER:
7975 as amended by RA. 8249). pendente
a motion for his suspension
Allan is under obligation to restitute the
lite, to which he filed an opposition claiming
that he can no longer be suspended as he is vehicle or make reparation if not possible.
no longer an employee of the PNB but that of
Jules must pay the amount he gained from
the PDIC. Explain whether he may or may not
the sale of the car which is P20,000.00.
be suspended. (2.5%)
SUGGESTED ANSWER:
Criminal Law Bar Examination Q & A (1994-2006) 52 of 86
Danny must make reparation corresponding Works and Highways, the amount of
to the value of the car which is P800,000.00. P100,000.00 known as the fund for
construction, rehabilitation, betterment, and
Malversation; Properties; Improvement (CRBI) for the concreting of
Custodia
Accused Juan Legis (2001)
Santos, a deputy sheriff in a Barangay Phanix Road located in Masinloc,
Regional Trial Court, levied on the personal Zambales, a project undertaken on proposal
properties of a defendant in a civil case of the Barangay Captain. Informed that the
before said court, pursuant to a writ of fund was already exhausted while the
execution duly issued by the court. Among concreting of Barangay Phanix Road remained
the properties levied upon and deposited unfinished, a representative of the
inside the "evidence room" of the Clerk of Commission on Audit conducted a spot audit
Court for Multiple RTC Salas were a of Elizabeth who failed to account for the
refrigerator, a stock of cassette tapes, a Pl00,000 CRBI fund. Elizabeth, who was
dining table set of chairs and several charged with malversation of public funds,
lampshades. Upon the defendant's paying off was acquitted by the Sandiganbayan of that
the judgment creditor, he tried to claim his charge but was nevertheless convicted, in the
properties but found out that several items same criminal case, for illegal use of public
were missing, such as the cassette tapes, funds. On appeal, Elizabeth argued that her
chairs and lampshades. After due and conviction was erroneous as she applied the
diligent sleuthing by the police detectives amount of ANSWER:
SUGGESTED P50,000.00 for a public purpose
assigned to the case, these missing items without violating
Elizabeth's any law
contention orher
that ordinance
conviction for
were foundANSWER:
SUGGESTED in the house of accused Santos, appropriating the said amount
illegal use of public funds (technical for any specific
who
If reasoned
I were out that he onlyI borrowed
the fiscal/prosecutor, would file an purpose. The absence
malversation) of such is
was erroneous, law or
legally
them temporarily.
information If you wereagainst
for Malversation the fiscal
Juan ordinance was, in fact, established.
tenable because she was charged for Is the
/prosecutor,
Santos for the what wouldtapes,
cassette be thechain
natureandof the contention of of
malversation Elizabeth legally
public funds tenable?
under Art. 217
information to
lampshades be filed
which against
he, as thesheriff,
deputy accused? Explain.
of the Revised Penal Code but was convicted
Why? (5%)
levied upon and thus under his accountability for Illegal use of public funds which is
as a public officer. Said properties being defined and punished under Art. 220 of said
under levy, are in custodia legis and thus Code. A public officer charged with
impressed with the character of public malversation may not be validly convicted of
property, misappropriation of which illegal use of public funds (technical
constitutes the crime of malversation malversation) because the latter crime is not
Juan Santos
although said misappropriated such properties
properties belonged to a necessarily included nor does it necessarily
when,
privateinindividual
breach of(Art.
trust, he RPC).
222, applied them to include the crime of malversation. The
his own private use and benefit. His Sandiganbayan should have followed the
allegation that he only borrowed such procedure provided in Sec. 11, Rule 119 of
properties is a lame excuse, devoid of merit the Rules of Court and order the filing of the
as there is no one from whom he borrowed proper Information. (Parungao us.
the same. The fact that it was only "after due Sandiganbayan. 197 SCRA 173.) From the
and diligent sleuthing by the police facts, there is no showing that there is a law
detectives assigned to the case", that the or ordinance appropriating the amount to a
ALTERNATIVE ANSWER:
missing items were found in the house of Public Officers;
An information for Theft may be filed, specific
definition
Who public purpose.
officers? As
(1999)
are public a matter of fact,
(2%)
Santos, negates his pretension. the problem categorically states that the
considering that the sheriff had already SUGGESTED ANSWER:
deposited the properties levied upon in the absence
Public of such
Officers arelaw or ordinance
persons who, by was, in
direct
"evidence room" of the Clerk of Court and fact, established."
provision of the law, So,popular
procedurally
electionandor
may have already been relieved of his substantially ,by
appointment the Sandiganbayan's
competent authority,decision
takes
accountability therefor. suffers from
part in the serious Infirmity.
performance of public functions in
If Juan Santos was no longer the public the Government of the Philippines, or
officer who should be accountable for the performs in said Government or in any of its
properties levied upon and found in his branches public duties as an employee,
house, his taking of such properties would no agent or subordinate official, of any rank or
longer constitute Malversation but Theft, as Public Officers;
class (Art. 203, RPC)Infidelity in Custody of
there was taking with intent to gain, of Prisoners
A (1996)
chief of police of a municipality, believing
personal property of another without the in good faith that a prisoner serving a ten-
Malversation; Technical
consent of the latter. day sentence in the municipal jail, would not
Malversation
Elizabeth is the(1996)
municipal treasurer of escape, allowed said prisoner to sleep at the
Masinloc, Zambales. On January 10, 1994, latter's house because the municipal Jail was
she received, as municipal treasurer, from so congested and there was no bed space
the Department of Public available. Accordingly, the prisoner went
home to sleep every night
Criminal Law Bar Examination Q & A (1994-2006) 53 of 86
but returned to jail early each morning, until SUGGESTED ANSWER:
the ten-day sentence had been fully served. Pascual committed the complex crime of
Did the Chief of Police commit any crime? homicide with assault upon a person in
SUGGESTED
Explain. ANSWER: authority (Arts. 148 and 249 in relation to Art,
The Chief of Police is guilty of violation of Art. 48, RPC). A barangay chairman, is in law (Art.
223, RPC, consenting or conniving to 152), a person in authority and if he is
evasion, the elements of which are (a) he is attacked while in the performance of his
a public officer, (b) he is in charge or custody official duties or on the occasion thereof the
of a prisoner, detention or prisoner by final felony of direct assault is committed.
judgment, (c) that the prisoner escaped, and Art. 48, RPC, on the other hand, provides
(d) there must be connivance. that if a single act produces two or more
Relaxation of a prisoner is considered grave or less grave felonies, a complex
infidelity, thus making the penalty crime is committed. Here, the single act of
ineffectual; although the convict may not the offender in hacking the victim to death
have fled (US vs. Bandino, 9 Phil. 459) it is still resulted in two felonies, homicide which is
violative of the provision. It also includes a grave and direct assault which is less grave.
case when the guard allowed the prisoner, Complex Crime; Parricide w/
(People vs. Revilla).
who is serving a six-day sentence in the unintentional abortion (1994)
municipal Jail, to sleep in his house and eat Aldrich was dismissed from his Job by his
Public
there Officers; Infidelity in Custody of employer. Upon reaching home, his pregnant
Prisoners
During (1997)
a town fiesta. A, the chief of police, wife, Carmi, nagged him about money for
permitted B, a detention prisoner and his her medicines. Depressed by his dismissal
compadre, to leave the municipal jail and and angered by the nagging of his wife,
10:00 a.m.
entertain to 8:00inp.m.
visitors B returned
his house from to the municipalAldrich struck Carmi with his fist. She fell to
8:30
jail atp.m. Was there any crime committed by the ground. As a result, she and her unborn
A?
SUGGESTED ANSWER: SUGGESTED
baby died.ANSWER:
What crime was committed by
Yes, A committed the crime of infidelity in Aldrich committed the crime of parricide with
Aldrich?
the custody of a prisoner. Since B is a unintentional abortion. When Aldrich struck
detention prisoner. As Chief of Police, A has his wife, Carmi, with his fist, he committed
custody over B. Even if B returned to the the crime of maltreatment under Art, 266,
municipal Jail at 8:30 p.m. A, as custodian of par. 3 of the Revised Penal Code, Since Carmi
the prisoner, has maliciously failed to died because of the felonious act of Aldrich,
perform the duties of his office, and when he he is criminally liable of parricide under Art.
permits said prisoner to obtain a relaxation 246, RPC in relation to Art. 4, par. 1 of the
of his imprisonment, he consents to the same Code. Since the unborn baby of Carmi
prisoner escaping the punishment of being died in the process, but Aldrich had no
deprived of his liberty which can be intention to cause the abortion of his wife,
ALTERNATIVE ANSWER:
considered
No crime was real and actualbyevasion
committed of service
the Chief of Aldrich committed unintentional abortion as
under Article 223 of the Revised Penal Code
Police. It was only an act of leniency or laxity defined in Art. 257, RPC. Inasmuch as the
(People vs. Leon Bandino 29 Phil. 459). single act of Aldrich produced two grave or
in the performance of his duty and not in
excess of his duty (People vs. Evangelista (CA) less graveLiabilities;
Criminal felonies, he Rape;
falls under Art, 48,
Homicide
38 O.G. 158). RPC, ie.
& Theft
King a complex
went(1998
to theNo) crime (People vs.
house of Laura who was
Salufrancia, 159 SCRA 401).
Crimes Against Persons alone. Laura offered him a drink and after
consuming three bottles of beer. King made
Complex Crime; Homicide w/ Assault- advances to her and with force and violence,
Authority
Pascual (1995)a rice thresher in Barangay
operated ravished her. Then King killed Laura and took
Napnud where he resided. Renato, a resident her jewelry.
of the neighboring Barangay Guihaman, also Doming, King's adopted brother, learned
operated a mobile rice thresher which he about the incident. He went to Laura's house,
often brought to Barangay Napnud to thresh hid her body, cleaned everything and washed
the palay of the farmers there. This was the bloodstains inside the room.
bitterly resented by Pascual, One afternoon Later, King gave Jose, his legitimate brother,
Pascual, and his two sons confronted Renato one piece of jewelry belonging to Laura. Jose
and his men who were operating their mobile knew that the jewelry was taken from Laura
rice thresher along a feeder road in Napnud. but nonetheless he sold it for P2,000. What
A heated argument ensued. A barangay crime or crimes did King, Doming and Jose
captain who was fetched by one of Pascual's commit? Discuss their criminal liabilities.
SUGGESTED
[10%] ANSWER:
men tried to appease Pascual and Renato to
prevent a violent confrontation. However,
Pascual resented the intervention of the
barangay captain and hacked him to death.
What crime was committed by Pascual?
Discuss fully.
Criminal Law Bar Examination Q & A (1994-2006) 54 of 86
King committed the composite crime of Rape permission from his duty officer. Upon
with homicide as a single indivisible offense, reaching the front yard of his home, he
not a complex crime, and Theft. The taking noticed that the light in the master bedroom
of Laura's jewelry when she is already dead was on and that the bedroom window was
is only theft. open. Approaching the front door, he was
Criminal Liability; Tumultous surprised to hear sighs and giggles inside the
Affray a(1997)
During town fiesta, a free-for-all fight bedroom. He opened the door very carefully
erupted in the public plaza. As a result of the C.
andA peeped
rushed inside
inside and
where grabbed
he sawChis butwife
the B
tumultuous affray, A sustained one fatal and latter managed to wrest himself free
having sexual intercourse with their neighbor and
three superficial stab wounds. He died a day jumped out of the window, A followed suit
after. B, C, D and E were proven to be and managed to catch C again and after a
participants in the "rumble", each using a furious struggle, managed also to strangle
knife against A, but it could not be him to death. A then rushed back to his
ascertained who among them inflicted the bedroom where his wife B was cowering
mortal injury. Who shall be held criminally under the bed covers. Still enraged, A hit B
SUGGESTED ANSWER:
liable for the death of A and for what? with fist blows and rendered her
B, C, D, and E being participants in the
unconscious. The police arrived after being
tumultuous affray and having been proven to
summoned by their neighbors and arrested
have inflicted serious physical injuries, or at
A who was detained, inquested and charged
least, employed violence upon A, are SUGGESTED ANSWER:
for
a) the death
Yes, of C and
A is liable for serious
C's deathphysical
but under
criminally liable for the latter's death. And
Injuries of B. a) Is A liable
the exceptional circumstances in for C'sArticle
death? 247
because it cannot be ascertained who among
Why? (5%) b) Is A liable for
of the Revised Penal Code, where only B's injuries?
them inflicted the mortal injury on A, there
Why? (5%)
destierro is prescribed. Article 247 governs
being a free-for-all fight or tumultuous affray.
B, C, D, and E are all liable for the crime of since A surprised his wife B in the act of
death caused in a tumultuous affray under having sexual intercourse with C, and the
Criminal
Article 251Liability; Tumultuous
of the Revised Penal Code. killing of C was "Immediately thereafter" as
Affray
In (2003) brawl that ensued after some
a free-for-all the discovery, escape, pursuit and killing of C
customers inside a night club became unruly, form one continuous act. (U.S. vs. Vargas, 2
guns were fired by a group, among them A b) Likewise, A is liable for the serious
Phil. 194)
and B, that finally put the customers back to physical injuries he inflicted on his wife B but
their senses. Unfortunately, one customer under the same exceptional circumstances
died. Subsequent investigation revealed that in Article 247 of the Revised Penal Code, for
A's gunshot had inflicted on the victim a the same reasons.
slight wound that did not cause the Death under Exceptional
deceased's death nor materially contribute to Circumstances
Pete, (2005)
a security guard, arrived home late one
it. It was B's gunshot that inflicted a fatal night after rendering overtime. He was
wound on the deceased. A contended that his shocked to see Flor, his wife, and Benjie, his
SUGGESTED ANSWER:
liability best friend, completely naked having sexual
No, I begshould, if at with
to disagree all, be
A'slimited to slight
contention that intercourse. Pete pulled out his service gun
physical
his liability should be limited to 6%
injury. Would you agree? Why? slight and shot and killed Benjie. Pete was charged
physical injury only. He should be held liable with murder for the death of Benjie. Pete
for attempted homicide because he inflicted contended that he acted in defense of his
said injury with the use of a firearm which is honor and that, therefore, he should be
a lethal weapon. Intent to kill is inherent in The court of
acquitted found
the that
crime.Benjie died under
ALTERNATIVE
the use of ANSWER:
a firearm. (Araneta, Jr. v. Court of exceptional circumstances and exonerated
Yes, I would agree to A's contention that his
Appeals, 187 SCRA 123 [1990]) Pete of the crime, but sentenced him to
criminal liability should be for slight physical destierro, conformably with Article 247 of the
injury only, because he fired his gun only to Revised Penal Code. The court also ordered
pacify the unruly customers of the night club Pete to pay indemnity to the heirs of the
and therefore, without intent to kill. B's Is the in
victim defense of Pete
the amount meritorious?
of P50,000.00. (5%)
gunshot that inflicted a fatal wound on the SUGGESTED ANSWER:
Explain.
deceased may not be imputed to A because No. A person who commits acts penalized
conspiracy cannot exist when there is a free- under Article 247 of the Revised Penal Code for
for-all brawl or tumultuous affray. A and B death or serious physical injuries inflicted
Death under
are liable only Exceptional
for their respective act under exceptional circumstances is still
Circumstances
A and B are husband (2001)
and wife. A is employed criminally liable. However, this is merely an
as a security guard at Landmark, his shift exempting circumstance when the victim
p.m.
beingto 7:0011:00
from a.m. One night, he felt sick and suffers any other kind of physical injury. In the
cold, hence, he decided to go home around case at bar, Pete will suffer the penalty of
midnight after getting destierro for the death of Benjie.
Criminal Law Bar Examination Q & A (1994-2006) 55 of 86
ALTERNATIVE ANSWER: execution which would have produced the
No. Pete did not act in defense of his honor. intended felony of homicide were it not for
For this defense to apply under Art. 11, there causes independent of the act of Dante.
must be an unlawful aggression which is Dante had the intent to kill judging from the
defined as an attack or material aggression weapon used, the manner of committing the
that poses a danger to his life or personal crime and the part of the body stabbed.
safely. It must be a real aggression Dante is guilty of less serious physical
characterized by a physical force or with a injuries for the wounds sustained by
weapon to cause injury or damage to one's Mamerto. There appears to be no intent to
life. (People v. Nahayra, G.R. Nos. 96368-69, Infanticide
kill because Dante merely assaulted
Under
October Article 247
17, 1991; of the
People Revised
v. Housing, G.R.Penal
No. (2006)
Ana has been a bar girl/GRO at a beer house
Mamerto without using the knife.
Code, is destierro
64965, July 18, 1991) a penalty? Explain. for more than 2 years. She fell in love with
SUGGESTED ANSWER:
In the case of People v. Abarca, G.R. No. Oniok, the bartender, who impregnated her.
74433, September 14, 1987, the Court ruled But Ana did not inform him about her
that Article 247 does not define a felony. condition and instead, went home to Cebu to
However, it went on to state that the penalty conceal her shame. However, her parents
is merely banishment of the accused, drove her away. So she returned to Manila
intended for his protection. Punishment, and stayed with Oniok in his boarding house.
therefore, is not inflicted on the accused. Upon learning of her pregnancy, already in
ALTERNATIVE ANSWER: an advanced state, Oniok tried to persuade
Yes. Article 247 of the Revised Penal Code her to undergo an abortion, but she refused.
does not define and provide for a specific Because of their constant and bitter quarrels,
crime but grants a privilege or benefit to the she suffered birth pangs and gave birth
accused for the killing of another or the prematurely to a live baby girl while Oniok
infliction of Serious Physical Injuries. was at his place of work. Upon coming home
Destierro is a punishment whereby a convict and learning what happened, he prevailed
is banished to a certain place and is upon Ana to conceal her dishonor. Hence,
prohibited from entering or coming near that they placed the infant in a shoe box and
place designated in the sentence, not less threw it into a nearby creek. However, an
than 25 kms. (People v. Araquel, G.R. No. L- inquisitive neighbor saw them and with the
Did
12629,the court correctly
December 9, 1959) order Pete to pay help of others, retrieved the infant who was
indemnity despite his exoneration under already dead from drowning. The incident
SUGGESTED ANSWER:
Article 247 of the Revised Penal Code? was reported toofthe
The conviction Ana police who arrested
and Oniok is not Ana
SUGGESTED ANSWER:
Explain.
Yes, because the privilege defined under this and Oniok.
correct. TheyTheare2 were
liable charged with parricide
for infanticide
Article exempts the offender from criminal under Article
because they 246 of athe
killed Revised
child Penal
less than Code.
three
liability but not from civil liability. (People v. After of
days trial,
agethey
(Art.were
255,convicted of theCode).
Revised Penal crime
Abarca, G.R, No. L-74483, September 14, 1987; Murder
charged. & Sec.
Was the25, R.A. No.correct?
conviction
Art. 12, Revised Penal Code) 9165 (2005)
Candido stabbed an innocent bystander who
Homicide; Fraustrated; Physical accidentally bumped him. The innocent
Injuries
At about (1994)
11:00 in the evening, Dante forced bystander died as a result of the stabbing.
his way inside the house of Mamerto. Jay, Candido was arrested and was tested to be
Mamerto's son, saw Dante and accosted him, positive for the use of “shabu” at the time
Dante pulled a knife and stabbed Jay on his he committed the stabbing. What should be
SUGGESTED
the properANSWER:
charge against Candido? Explain.
abdomen. Mamerto heard the commotion
The
(3%)killing was not attended by any of the
and went out of his room. Dante, who was
qualifying circumstances enumerated under
about to escape, assaulted Mamerto. Jay
Article 248 of the Revised Penal Code. The
suffered injuries which, were it not for the
killing, however, constitutes murder because
timely medical attendance, would have
the commission of a crime under the
caused his death. Mamerto sustained Injuries
SUGGESTED ANSWER: influence of prohibited drugs is a qualifying,
that incapacitated him for 25 days. What
Dante committed qualified trespass to aggravating circumstance. (Sec. 25, R.A. No.
crime or crimes did Dante commit? Murder
dwelling, frustrated homicide for the stabbing 9165)
of Jay, and less serious physical injuries for (1999)
The accused, not intending to kill the victim,
the assault on Mamerto. treacherously shot the victim while the victim
The crime of qualified trespass to dwelling was turning his back to him. He aimed at and
should not be complexed with frustrated hit the victim only on the leg. The victim,
homicide ... however, died because of loss of blood. Can
Dante committed frustrated homicide for the the accused be liable for homicide or murder,
stabbing of Jay because he had already considering that treachery was clearly
performed all the acts of involved
Criminal Law Bar Examination Q & A (1994-2006)
but there was no attempt to kill? Explain
your answer. (3%)
SUGGESTED ANSWER:
The accused is liable for the death of the
victim even though he merely aimed and
fired at the latter's leg, "not intending to kill
the victim", considering that the gunshot was
felonious and was the proximate cause of
death. An offender is liable for all the direct,
natural, and logical consequences of his
felonious act although different from what he
intended. However, since specific intent to
kill is absent, the crime for said death is only
ALTERNATIVE ANSWER:
homicide and not murder (People vs. Pugay
The accused is liable for the death of the
and Samson, 167 SCRA 439)
victim in as much as his act of shooting the
victim at the leg is felonious and is the
proximate cause of death. A person
performing a felonious act is criminally liable
for all the direct, natural, and logical
consequences of such act although different
from what he intended. And since such death
was attended by treachery, the same will
constitute murder but the accused should be
given the benefit of the mitigating
circumstance that he did not intend to
Murder; Definition &
commit so grave a wrong as that which was
Elements
Define (1999)
committed (Art. 13(3), RPC) elements of the crime?
murder. What are the
[3%]
SUGGESTED ANSWER:
(a) Murder is the unlawful killing of a person
which otherwise would constitute only
homicide, had it not been attended by any of
1.
theWith treachery
following or taking advantage of
circumstances:
superior strength, or with the aid of armed
men, or employing means to weaken the
defense or of means or persons to insure or
2. In consideration
afford impunity; of a price, reward
3.
or By means or on the occasion of
promise;
inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault
upon a railroad, fall of an airship, or by
means of motor vehicles, or with the use of
4.
anyOn occasion
other meansofinvolving
an earthquake, eruption
great waste and
of a volcano, destructive cyclone, epidemic
ruin;
5. With evident
or other public calamity;
6. With cruelty, by deliberately and inhumanly
premeditation;
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
Criminal Law Bar Examination Q & A (1994-2006) 56 of 86
57
Jose and Serious Physical Injuries through committed
forcibly brought
with the Jorge useto ofZambales
an unlicensed where
Reckless Imprudence with respect to the they keptsuch
firearm, himuse hog-tied
shall be in aconsidered
small nipaas house
an
grandson. Are the charges correct? Explain. located in the
aggravating circumstance.
middle of a rice field. Two
SUGGESTED
(5%) ANSWER: PH
days therefore
later, they may onlyJorge
killed be convicted
and dumped of his
Yes, the charges are correct. For deliberately murder
body into and thethe useWhat
river. of an crime
unlicensedor crimesfirearm
did
running over Mang Jose's prostrate body in its and
Fidel commission
Fred commit? may only be appreciated
Explain.
after having bumped him and his grandson, SUGGESTED
as a special ANSWER:
aggravating circumstance,
the driver indeed committed Murder, Fidel
providedand that Fredsuchcommitted the crime
use is alleged of Murder
specifically
qualified by treachery. Said driver's under Art 248, RPC,
in the information for Murder. the killing being qualified
deliberate intent to kill Mang Jose was by evident premeditation. This is due to the
Parricide
demonstrated by his running over the latter's long may
(1999)
Who standing grudge
be guilty entertained
of the by the two
crime of parricide?
body twice, by backing up the van and accused occasioned
(3%)
SUGGESTED ANSWER: by the victim's refusal to
driving it forward, whereas the victim was Any
marry person who kills
their sister after hisimpregnating
father, mother, her.or
As to theand
helpless serious physical
not in injuries
a position sustained
to defend In People
child, whether vs. legitimate
Alfeche. or 219 SCRA 85,orthe
illegitimate,
by Mang Jose's 10-year
himself or to retaliate. old grandson, as a intention
his ascendants of theoraccused
descendants, is determinative
or spouse, of
result of having been hit by the speeding the crime
shall be guilty committed.
of parricide.Where(Art. the246,
intention
RPC) is
vehicle of said driver, the same were the to kill the victim and the latter is forcibly
result of reckless imprudence which is Parricide
taken to another place and later killed, it is
punishable as a quasi-offense in Article 365 (1999)
In 1975, Pedro,
murder. There then is no a resident
indication of Manila,
that the
of the Revised Penal Code. The charge of abandoned his wife
offenders intended to deprive the and their son, Ricky,
victim who of
Reckless Imprudence Resulting to Serious was then only three years
his liberty. Whereas, if the victim is old. Twenty years
Physical Injuries is correct. The penalty next later, an affray
kidnapped, andtook takenplace to in a bar insitus and
another
higher in degree to what ordinarily should be Olongapo
killed as City between Pedroit and
an afterthought, his
is kidnapping
imposed is called for, since the driver did not Murder;
companions,
with homicide Homicide;
on under Art.Infanticide;
one hand, andRPC.
267, Ricky and his
Murder;
lend help on the spot, which help he could Parricide
A
friends, (1)(1999)
killed: upon a the
woman other, with whomthe
without he father
lived
Treachery
On
have hisgiven
way to(1995)
to buy a lotto ticket, a policeman
the victims. without benefit of clergy,
and son knowing each other. Ricky stabbed (2) their child who
suddenly found himself surrounded by four was only two days old, (3) their
and killed Pedro in the fight, only to find out, daughter,
men. One of them wrestled the police officer and
a week(4) later,
their adopted
when hisson. motherWhat crime from
arrived or
to the ground and disarmed him while the SUGGESTED
crimes did ANSWER:
A commit? (3%)
Manila to visitthe himfollowing
in jail, that the man whom
other three companions who were armed A committed crimes:
he killed was his own father. 1) What crime
with a hunting knife, an ice pick, and a 1.] HOMICIDE or murder as the case may
did Ricky commit? Explain. 2) Suppose Ricky
balisong, repeatedly stabbed him. The be, for the killing of his common-law wife
knew before the killing that Pedro is his
policeman died as a result of the multiple who is not legally considered a "spouse"
father, butANSWER:
he nevertheless killed him out of
SUGGESTED ANSWER:
stab wounds inflicted by his assailants. What 2.]
SUGGESTED INFANTICIDE for the killing of the child
All the assailants are liable for the crime of bitterness
1) for having abandoned him and the his
crime or crimes were committed? Discuss as Ricky
said childcommittedis lessparricide
than three because
(3) days old.
murder, qualified by treachery, (which mother,
person what
killed was crime did Ricky commit?
fully. (Art. 255, RPC)hisHowever,
own father,the and the law
penalty
absorbed abuse of superior strength) as the Explain.
punishing the crime (Art. 246, RPC)
corresponding to parricide shall bedoes not
imposed
attack was sudden and unexpected and the require
since Athat the crime
is related tobethe "knowingly"
child within the
victim was totally defenseless. Conspiracy is committed.
3.]
degree PARRICIDE
definedShould in theRicky
forcrime be of
the prosecuted
killing
parricide.of and
their
obvious from the concerted acts of the found
daughter, guilty of parricide,
whether the penalty
legitimate to be
or illegitimate,
assailants. Direct assault would not complex imposed
as long as is she
Art. is49notof the
lessRevised
than three Penal (3)Code
days
the crime, as there is no showing that the for
old Homicide
at the time (theof crime
the he
killing. intended to
ALTERNATIVE ANSWER:
assailants knew that the victim was a commit)
4.] but in its for
MURDER maximum period. of their
the killing
Ricky should be held criminally liable only for
policeman; even if there was knowledge, the adopted
homicide son as the relationship
not parricide because the between A
fact is that he was not in the performance of and
Murder; relationship which qualified the killingintoorder
the said son must be by blood
his officialUse of Illegal
duties, and therefore there is no for parricide to arise.absent for a period of
Firearms
PH (2004) parricide is virtually
direct assault. political rival in the election
killed OJ, his Murder; Reckles
campaign for Mayor of their town. The twenty years already, such that Ricky could
SUGGESTED ANSWER: Imprudence
Mang Jose, a(2001) septuagenarian, was walking
Information against PH alleged that he used not possibly be aware that his adversary was
(b) The elements of murder are: (1) that a with his ten-year old grandson along Paseo
an unlicensed firearm in the killing of the his father. In other words, the moral basis for
person was unlawfully killed; (2) that such a de Roxas and decided to cross at the
victim, and this was proved beyond imposing the higher penalty for parricide is
killing was attended by any of the above- intersection
SUGGESTED of Makati Avenue but both were
ANSWER:
reasonable doubt by the prosecution. The absent.
mentioned circumstances; (3) that the killing hit by acrime
2) The speedingcommittedCRV Honda shouldvan and were
be parricide
trial court convicted PH of two crimes: sent sprawling on the killingpavement a meter
is not parricide
SUGGESTED ANSWER: nor infanticide; and (4) that if Ricky knew before that Pedro is
murder and illegal possession of firearms. Is apart. The because
driver, a the Chinese
the accused
No, killed the
the conviction of PHvictim.
for two crimes, his father, moralmestizo,
basis forstopped
the conviction correct?
Murder; Reason briefly. (5%)
Evident his car after
murder and illegal possession of firearm is punishing thehitting the two exists.
crime already victimsHis but then
Premeditation
Fidel
not and Fred
correct. Under (1996)
harbored
the new law a long standing
on illegal reversed
having his gears
acted out of and ran over
bitterness for Mang
havingJose's
grudge against
possession Jorge who
of firearms refused to Rep.
and explosives, marry prostrate
been abandoned body by anew and third
his father may be time by
theirNo.sister
Act 8294, Lorna,
a personafter
may onlythe be latter got Parricide;
advancing Multiple
considered his car forward.
mitigating. Parricide; The grandson
pregnant liable
criminally by for Jorge.
illegal After
possession weeks
of of Homicide
A, a young
suffered (1997)
housewife,
broken legs onlyand B, andhersurvived
paramour, but
surveillance,
firearm if no otherthey crime
finallyis cornered
committed Jorge in conspired to kill C. her
Mang Jose suffered multiple fractures husband, to whom and
Ermita,
therewith; Manila, when the
if a homicide or latter
murder wasis walking she
brokenwas ribs,
lawfully married,
causing his A instant death. The
home late at night. Fidel and Fred driver was arrested and charged with Murder
for the death of Mang
Criminal Law Bar Examination Q & A (1994-2006)
and B bought pancit and mixed it with
poison. A gave the food with poison to C, but
before C could eat it. D, her illegitimate
C. D and
father, E shared
and the food inson,
E, her legitimate the arrived.
presence
of A who merely watched them eating. C, D
and E died because of having partaken of
the poisoned food. What crime or crimes did
SUGGESTED ANSWER:
A and B commit?
A committed the crime of multiple parricide
for the killing of C, her lawful husband, D, her
illegitimate father, and E, her legitimate son.
All these killings constitute parricide under
Article 246 of the Revised Penal Code
because of her relationship with the victims.
B committed the crime of murder as a co-
conspirator of A in the killing of C because
the killing was carried out by means of
poison (Art. 248. par. 3, Revised Penal
Code). But for feloniously causing the death
of D and E, B committed two counts of
homicide. The plan was only to kill C.
Rape
(1995)
Gavino boxed his wife Alma for refusing to
sleep with him. He then violently threw her
on the floor and forced her to have sexual
intercourse with him. As a result Alma
(a) Can Gavino
suffered serious be charged
physical with
injuries.
(b)
rape?Can Gavino be charged with serious
Explain.
physical injuries? Explain
(c) Will your answers to (a) and (b) be the
same if before the incident Gavino and Alma
were legally separated? Explain.
SUGGESTED ANSWER:
(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
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
Yes. By express provision of Article 266-C of shall be imposed on the offender. Serious
the Revised Penal Code, as amended, the physical injuries cannot be absorbed in rape;
subsequent valid marriage between the it can be so if the injury is slight.
offender and offended party shall extinguish
the criminal action or the penalty imposed, Rape; Absence of Force &
although rape has been reclassified from a Intimidation
Three policemen (1995)
conducting routine
crime against chastity, to that of a crime surveillance of a cogonal area in Antipole
Rape;
againstConsented
persons. chanced upon Ruben, a 15-year old tricycle
Abduction
A with lewd (2002)
designs, took a 13-year old girl driver, on top of Rowena who was known to
to a nipa hut in his farm and there had be a child prostitute. Both were naked from
sexual intercourse with her. The girl did not the waist down and appeared to be enjoying
offer any resistance because she was the sexual activity. Ruben was arrested by
infatuated with the man, who was good- the policemen despite his protestations that
looking and belonged to a rich and Rowena enticed him to have sex with her in
SUGGESTED
prominent ANSWER:
family in the town. What crime, if advance celebration of her twelfth birthday.
A committed
any, the crime
was committed by of
A?consented
Why? (2%) The town physician found no semen nor any
abduction under Article 343 of the Revised
bleeding on Rowena's hymen but for a healed
Penal Code, as amended. The said Article
scar. Her hymenal opening easily admitted
punishes the abduction of a virgin over 12 SUGGESTED ANSWER:
two
Rubenfingers showing
is liable thateven
for rape, no external
if force force
or
and under 18 years of age, carried out with
had
intimidation is not present. TheRuben
been employed on her. Is liableof
gravamen
her consent and with lewd designs. Although
for
the any offense?
offense is theDiscuss fully. Answer;
carnal knowledge of a
the problem did not indicate the victim to be
virgin, virginity should not be understood in woman below twelve years of age (People vs.
its material sense, as to exclude a virtuous Dela Cruz, 56 SCRA 84) since the law doesn't
woman of good reputation, since the essence consider the consent voluntary and
of the crime is not the injury to the woman presumes that a girl below twelve years old
ALTERNATIVE ANSWER:
but the outrage andAbuse"
alarm to her family does not and cannot have a will of her own.
A committed "Child under Rep. Act
(Valdepenas In People us. Perez, CA 37 OG 1762, it was held
No. 7610. Asvs.defined
People,16 SCRAlaw,
in said 871 "child
[1966]).
that sexual intercourse with a prostitute
abuse" includes sexual abuse or any act Similarly, the years
absence
below twelve oldof
is spermatozoa
rape. does
which debases, degrades or demeans the not disprove the consummation as the
intrinsic worth and dignity of a child as a important consideration is not the emission
human being, whose age is below eighteen but the penetration of the female body by
Rape; Effect; Affidavit of
(18) years. the male organ (People vs. Jose 37 SCRA 450;
Desistance
1Ariel (1993)
intimidated Rachel, a mental retardate, with People vs. Carandang. 52 SCRA 259).
a bolo into having sexual Intercourse with him. Rape; Anti-Rape Law of
Rachel's mother immediately filed a complaint, 1997 other
What (2002) acts are considered rape under
supported by her sworn statement, before the City the Anti-Rape Law of 1997, amending the
Prosecutor's Office. After the necessary Revised Penal
SUGGESTED Code? (3%)
ANSWER:
preliminary investigation, an information was The other acts considered rape under the
signed by the prosecutor but did not contain the Anti-Rape Law of 1997 are: 1.] having carnal
signature of Rachel nor of her mother. Citing Art. knowledge of a woman by a man by
344 of the RPC (prosecution of the crimes of rape, means of fraudulent machination or grave abuse
etc.), Ariel moves for the dismissal of the case. of
authority, 2.] having carnal knowledge of a
Resolve with reasons. demented woman by a
2After the prosecution had rested its case, Ariel man even if none of the circumstances required
presented a sworn affidavit of desistance rapeinbe present; and 3.] committing an act
executed by Rachel and her mother stating that of sexual assault by inserting a
they are no longer interested in prosecuting the person's penis into the victim's mouth or anal
case and that they have pardoned Ariel. What orifice, or by inserting any instrument or object,
effect would this affidavit the genital or anal orifice of another
into
A legal separation is a of desistanceofhave
separation the on person.
the criminal and civil aspects
spouses from bed and board (U.S. vs. of the case? Explain
fully. Rape; Anti-Rape Law of
853. 1981
Johnson, 27edition),
Phil. 477, cited in II Reyes, RFC, p. 1997
The (2002) Law of 1997 reclassified rape
Anti-Rape
from a crime against honor, a private
In the crime of rape, any crime resulting from
offense, to that of a crime against persons.
the infliction of physical injuries suffered by
Will the subsequent marriage of the offender
the victim on the occasion of the rape, is
and the offended party extinguish the
absorbed by the crime of rape. The injuries SUGGESTED ANSWER:
criminal action or the penalty imposed?
suffered by the victim may, however, be
Explain. (2%)
considered in determining the proper penalty
which
Criminal Law Bar Examination Q & A (1994-2006) 59 of 86
60
complaint was filed by the offended party or Rape; the service Maleof the notice of such order
the parents in the Fiscal's Office. Victim
A, a male,(2002)
to takesprisoner
said B, anotheror male, to a motel
the proceedings
and there,
uponthrough threat
any petition forand
the intimidation,
liberation of
Rape; Statutory Rape; Mental succeeds suchin inserting
person (Art.his penis into the Penal
126, Revised anus
Retardate Victim (1996)
The complainant, an eighteen-year old of B. What,
Code).if any, is A’s criminal liability?
mental retardate with an intellectual SUGGESTED
2.
Why? What ANSWER:are the legal grounds for
capacity between the ages of nine and A shall
SUGGESTED
detention? be criminally liable for rape by
ANSWER:
(2.5%)
twelve years, when asked during the trial The commission
committing an act of sexual
a crime,assault or against
violent
how she felt when she was raped by the insanity or anyhis
B, by inserting other
penisailment
into therequiring
anus of thethe
accused, replied "Masarap, it gave me much compulsory
latter. confinement of the patient in a
With the claim of the accused that the
pleasure." Even a shall
hospital man be may be a victim
considered legal of rape for
grounds by
complainant consented for a fee to the sexual
the assault under
detention of anypar. 2 of Article
person 266-A
(Art. 124[2],
sexual intercourse, and with the foregoing of the Revised
Revised Penal Code).Penal Code, as amended,
answer of the complainant, would you 3.
"when
When theisoffender's
an arrestpenisby aispeace
insertedofficer
into
convict the accused of rape if you were the or
his mouth
by aor private
anal orifice."
person considered
SUGGESTED
judge tryingANSWER:
the case? Explain. Rape;
1. WhenMultiple
lawful? the arrest
Explain. Rapes;
by a peace
(5%) Forcible
officer is
Yes, I would convict the accused of rape. Abduction
Flordeluna
made pursuant(2000)
boarded
to a valid
a taxiwarrant.
on her way home
Since the victim is a mental retardate with an 2. A peaceCity
to Quezon officer or a was
which private person
driven by may,
Roger,
intellectual capacity of a child less than 12 without
Flordelunaa warrant,
noticedarrest
that aRoger
person:was always
years old, she is legally incapable of giving a placing his car freshener in front of the car
valid consent to the sexual Intercourse. The aircon ventilation but did not bother asking
sexual intercourse is tantamount to a Roger why. Suddenly, Flordeluna felt dizzy
statutory rape because the level of and became unconscious. Instead of bringing
intelligence is that of a child less than twelve her to Quezon City, Roger brought Flordeluna
years of age. Where the victim of rape is a to his house in Cavite where she was
mental retardate, violence or Intimidation is detained for two (2) weeks. She was raped
not essential to constitute rape. (People us. for the entire duration of her detention. May
SUGGESTED ANSWER:
Trimor, G,R. 106541-42, 31 Mar 95) As a Roger be charged
No, Roger may notand convictedand
be charged of the crime
convicted
matter of fact, RA No. 7659, the Heinous of rape with serious illegal detention? Explain.
of the crime of rape with serious illegal
Crimes
Crimes against
Law, amended Personal
Art. 335,Liberty
RPC, by (5%)
detention. Roger may be charged and
adding the phrase "or is demented."
and Security convicted of multiple rapes. Each rape is a
distinct offense and should be punished
Arbitrary Detention; Elements; separately. Evidently, his principal intention
Grounds
1. What (2006)
are the 3 ways of committing ALTERNATIVE
was to abuse ANSWER:
Flordeluna; the detention was
arbitrary detention? Explain each. No,
onlyRoger may to
incidental not berape.
the charged and convicted
SUGGESTED ANSWER:
(2.5.%) of the crime of rape with serious illegal
The 3 ways of arbitrary detention detention, since the detention was incurred in
are:a) Arbitrary detention by detaining a raping the victim during the days she was
person without legal ground committed held. At most, Roger may be prosecuted for
by any public officer or employee who, forcible abduction for taking Flordeluna to
without legal grounds, detains a person Cavite against the latter's will and with lewd
b) Delay
(Art. 124, in the
Revised delivery
Penal Code).of detained designs. The forcible abduction should be
persons to the proper judicial authorities complexed with one of the multiple rapes
which is committed by a public officer or committed, and the other rapes should be
employee who shall detain any person for prosecuted and punished separately, in as
some legal ground and shall fail to deliver Rape;
many rapes werePropercharged and proved.
such person to the proper judicial Partyintimidated
Ariel (1993) Rachel, a mental retardate,
authorities within the period of: twelve with a bolo into having sexual Intercourse
(12) hours, for crimes or offense with him. Rachel's mother immediately filed
punishable by light penalties, or their a complaint, supported by her sworn
equivalent; eighteen hours (18), for statement, before the City Prosecutor's
crimes or offenses punishable by Office. After the necessary preliminary
correctional facilities, or their equivalent; investigation, an information was signed by
SUGGESTED ANSWER: the prosecutor but did not contain the
andcase
1) The thirty-six
should (36)
not be hours for crimes
dismissed. or
... 2) by
c) Delaying release is committed signature of Rachel nor of her mother. Citing
offenses
Theany
affidavit punishable by afflictive or capital
publicofofficer
desistance will onlywho
or employee amount
delays Art. 344 of the RPC (prosecution of the
penalties,
to the or their equivalent but(Art.
not125,
thecondonation
release for of civil
theliability
period of time SUGGESTED ANSWER:
crimes of rape, etc.), Ariel moves for the
Revised
criminal Penal
liability Code).
hence theperformance
case should still The case should not be dismissed. This is
specified therein the of any dismissal of the case. Resolve with reasons.
proceed.
judicial or executive order for the release allowed by law (People us. Ilarde, 125 SCRA 11).
of the prisoner, or unduly delays It is enough that a
Criminal Law Bar Examination Q & A (1994-2006) 61 of 86
Grave Coercion vs. Maltreatment of 270, of the Revised Penal Code, as amended.
Prisonerbrought
Forcibly (1999)to the police headquarters, a Article 271 expressly penalizes any parent
person was tortured and maltreated by who shall take from and deliberately fail to
agents of the law in order to compel him to restore his or her minor child to the parent or
confess a crime imputed to him. The agents guardian to whom custody of the minor has
failed, however, to draw from him a been placed. Since the custody of C, the
confession which was their intention to obtain minor, has been given to the mother and B
through the employment of such means. has only the right of monthly visitation, the
What crime was committed by the agents of latter's act of taking C to the United Slates,
SUGGESTED ANSWER:
the law? Explain your answer. (3%) to reside there permanently, constitutes a
Evidently, the person tortured and Kidnapping
violation of said provisions of law.
maltreated by the agents of the law is a (2006)
Jaime, Andy and Jimmy, laborers in the
suspect and may have been detained by noodles factory of Luke Tan, agreed to kill
them. If so and he had already been booked him due to his arrogance and miserliness.
and put in jail, the crime is maltreatment of One afternoon, they seized him and loaded
prisoner and the fact that the suspect was him in a taxi driven by Mario. They told Mario
subjected to torture to extort a confession they will only teach Luke a lesson in Christian
would bring about a higher penalty. In humility. Mario drove them to a fishpond in
addition to the offender's liability for the Navotas where Luke was entrusted to Emil
But if theinjuries
physical suspect was forcibly brought to the
inflicted. i. When, in his presence, the
and Louie, the fishpond caretakers, asking
police headquarters to make him admit the person to be arrested has committed,
them to hide Luke in their shack because he
crime and tortured/ maltreated to make him is actually committing, or is attempting
was running from the NBI. The trio then left
confess to such crime, but later released to commit an offense,
in Mario'sii. car for When Manila an where
offense theyhas called
in fact up
because the agents failed to draw such
Luke's family and threatened
just been committed, and he has them to kill
confession, the crime is grave coercion
Luke unless
personal they give a ransom within
knowledge of 24facts
because of the violence employed to compel
hours. Unknown to them,
indicating that the person because of a toleak,be
such confession without the offended party
the kidnapping
iii.
arrested was
When announced
the personit,
has committed over
toand the
be arrested
being confined in jail. (US vs. Cusi, 10 Phil 143)
It is noted that the offended party was radio and is TV. Emil andwho
a prisoner Louiehas heard the
escaped from
merely "brought" to the police headquarters broadcast penal andestablishment
panicked, especially or placewhen where thehe
and is thus not a detention prisoner. Had he announcer statedfinal
is serving that judgment
there is a or shoot-to-kill
temporarily
been validly arrested, the crime committed order for the kidnappers.
confined while hisEmil case andis Louie
pending, tookor
would be maltreatment of prisoners. Luke tohas the seashore
escaped of Dagat-dagatan
while being transferred
Illegal Detention vs. Grave where theyfromsmashed
one confinementhis head to with a shovel
another (Sec.
Coercion (1999)
Distinguish coercion from illegal detention. and buried5, Rule 113,1985 Rules on they
him in the sand. However, Criminal
(3%)
SUGGESTED ANSWER: were seen by a barangay kagawad who
Procedure).
Coercion may be distinguished from illegal arrested them
ALTERNATIVE and brought them to the
ANSWER:
detention as follows: in coercion, the basis of Gravestation.
a)
police Coercion
Jaime, Andy
Uponand Jimmy committed
interrogation, they
criminal liability is the employment of (1998)
Isagani lostand
kidnapping
confessed his pointed
with gold necklace
homicide. Thebearing
to Jaime, Andy,his
original Jimmy
violence or serious intimidation approximating initials.
intention
and MarioHewas saw
as toRoy
those wearing
demand thefor
ransom
responsible said
from
the the
violence, without authority of law, to prevent necklace.
family withIsagani
kidnapping. the
Later, asked
threat
the of4 Roy toarrested
killing.
were return
As a to and him
a person from doing something not prohibited the necklace
consequence as
of it
thebelongs
kidnapping,
charged. What crime or crimes did the 6 to him, but
however, Roy
by law or to compel him to do something refused.
Luke
suspectswasIsagani then
killed. Thus,
commit? (5%) drew his gun
the victim was and told
against his will, whether it be right or wrong; Roy, "If you
deprived willfreedom
of his not give and backthe thesubsequent
necklace
while in Illegal detention, the basis of liability to me, Ithough
killing, will killcommitted
you!" Out of byfear for his
another life
person,
is the actual restraint or locking up of a and against
was a consequencehis will, of Roy thegave the necklace
detention. Hence,
person, thereby depriving him of his liberty SUGGESTED ANSWER:
to Isagani,
this properly What offense
qualified thedid Isagani
crime as the commit?
Isagani committed the crime of grave
without authority of law. If there was no intent (5%) (People
special complex v. Mamarion,
crime ofG.R. No. 137554,
kidnapping for
to lock up or detain the offended party coercion
October (Art.1, 286,
2003; RPC)
Art. 267,for Revised
compelling PenalRoy,
Kidnapping ransom
b) means with
Emilofand
Code). homicide
Louie threats
who smashed the head
unlawfully, the crime of illegal detention is not by serious or intimidation,
(2002)
A and B were legally separated. Their child of
to the
do victim
something and buriedagainst the latter in the sand
the latter's will,
committed.
C, a minor, was placed in the custody of A committed
whether it be murder
right qualified
or wrong. bySerious
treachery or
threats
the mother, subject to monthly visitations by abuse
or of superior strength.
intimidation approximatingThey are not violence
B, his father. On one occasion, when B had C liable for kidnapping
constitute grave coercion, because notthey
grave didthreats.
not
in his company, B decided not to return C to conspire,
Such is the nornature
are they of aware
the threatof the inintention
this case
his mother. Instead, B took C with him to the to detain it
because Lukewaswhom they were
committed withinformed
a gun, was is a
United States where he intended for them to The
hidingcrime
from
deadly weapon. is
thenot NBIrobbery
(Art. because
248, Revised intent
Penalto
SUGGESTED ANSWER:
reside permanently. What crime, if any, did c) Mario has
gain, which
Code). is no anliability
essentialsinceelement
he was not of
B committed the crime of kidnapping and aware
robbery, of the is criminal
absent intent sinceandthe design of
necklace
B commit? Why? (5%)
failure to return a minor under Article 271, in Jaime,
belongs Andy and Jimmy. His act of bringing
to Isagani.
relation to Article Luke to Navotas for "a
Criminal Law Bar Examination Q & A (1994-2006) 62 of 86
lesson in Christian humility" does not otherwise. It is of no moment that the
constitute a crime. evidence shows the death of the child took
Alternative Answer: place three minutes after the box was sealed
a) Jaime, Andy and Jimmy committed and the demand for the ransom took place in
kidnapping with ransom. After kidnapping the afternoon. The intention is controlling
Luke, they demanded ransom with the threat ALTERNATIVE ANSWER:
here, that is, ransom was demanded.
of killing him. However, the killing of Luke is Murder qualified by treachery because the
separate from the kidnapping having been victim was only one week old. The offense
committed by other persons, who had was attended with the aggravating
nothing to do with the kidnapping, and who circumstance of lack of respect due to the
will be liable for a different crime age of the victim, cruelty and abuse of
b) Emil and
(Penultimate par. Louie
of Art. who
267, smashed the
Revised Penal confidence. In People v. Lora (G.R. No, L-49430,
head
Code).of the victim and buried the latter in March 30, 1982), the Court found that a child
the sand committed murder qualified by subjected to similar treatment as the infant
treachery or abuse of superior strength. in this case would have died instantly,
They are not liable for kidnapping because negating any intent to kidnap or detain when
they did not conspire, nor are they aware of ransom was sought. Demand for ransom did
the intention to detain Luke whom they were not convert the offense into kidnapping with
c)
informed Mario
washas no liability
hiding from the since
NBIhe was248,
(Art. not murder because the demand was merely a
aware of the criminal
Revised Penal Code). intent and design of Kidnapping; Effects; Voluntary
scheme by the offender (Paz) to conceal the
Jaime, Andy and Jimmy. His act of bringing Release
DAN, (2004)
a private individual, kidnapped CHU, a
body of her victim.
Luke to Navotas for "a lesson in Christian minor. On the second day, DAN released
humility" does not constitute a crime. CHU even before any criminal information
was filed against him. At the trial of his case,
Kidnapping w/ DAN raised the defense that he did not incur
Homicide
Paz Masipag(2005)
worked as a housemaid and any criminal liability since he released the
yaya of the one-week old son of the spouses child before the lapse of the 3-day period
Martin and Pops Kuripot. When Paz learned and before criminal proceedings for
that her 70 year-old mother was seriously ill, SUGGESTED ANSWER:
kidnapping were instituted. Will DAN's
she asked Martin for a cash advance of No. DAN's defense will not prosper. Voluntary
defense prosper? Reason briefly. (5%)
P1,000.00 but Martin refused. One morning, release by the offender of the offended party
Paz gagged the mouth of Martin’s son with in kidnapping is not absolutory. Besides, such
stockings; placed the child in a box; sealed it release is irrelevant and immaterial in this
with masking tape and placed the box in the case because the victim being a minor, the
attic. Later in the afternoon, she demanded crime committed is kidnapping and serious
P5,000.00 as ransom for the release of his illegal detention under Art. 267, Revised
After
son. aMartin
couple ofdiddays,
notMartin
pay discovered the
the ransom. Penal Code, to which such circumstance does
box in the attic with his child
Subsequently, Paz disappeared. already dead. not apply. The circumstance may be
According to the autopsy report, the child appreciated only in the crime of Slight Illegal
died of asphyxiation barely three minutes Detention in Art. 268 (Asistio v. San Diego, 10
Kidnapping; Illegal Detention;
after the box was sealed. What crime or SCRA 673 [1964])
SUGGESTED Minority
Dang was(2006)
a beauty queen in a university.
crimes did ANSWER:
Paz commit? Explain. (5%)
Paz committed the composite crime of Job, a rich classmate, was so enamored with
kidnapping with homicide under Art. 267, her that he persistently wooed and pursued
RFC as amended by R.A. No. 7659. Under the her. Dang, being in love with another man,
law, any person who shall detain another or rejected him. This angered Job, Sometime in
in any manner deprive him of liberty and the September 2003, while Dang and her sister
victim dies as a consequence is liable for Lyn were on their way home, Job and his
kidnapping with homicide and shall be minor friend Nonoy grabbed them and
penalized with the maximum penalty. pushed them inside a white van. They
In this case, notwithstanding the fact that the brought them to an abandoned warehouse
one-week old child was merely kept in the where they forced them to dance naked.
attic of his house, gagged with stockings and Thereafter, they brought them to a hill in a
placed in a box sealed with tape, the nearby barangay where they took turns
deprivation of liberty and the intention to kill raping them. After satisfying their lust, Job
becomes apparent. Though it may appear ordered Nonoy to push Dang down a ravine,
that the means employed by Paz was 1. What
resulting crime
in her or ran
death. Lyn crimes
away but were
Job
attended by treachery (killing of an infant), committed
and Nonoy by Job
chased and
her Nonoy?
and pushed(2.5%)
her inside
SUGGESTED ANSWER:
nevertheless, a separate charge of murder the van. Then the duo drove away. Lyn was
will not be proper in view of the amendment. never seen again.
Here, the term "homicide" is used in its
generic sense and covers all forms of killing
whether in the nature of murder or
Criminal Law Bar Examination Q & A (1994-2006) 63 of 86
Job and Nonoy committed 1) kidnapping and May Edgardo be charged with attempted
serious illegal detention with homicide and kidnapping? Explain.
rape for the subsequent death of Dang, and SUGGESTED ANSWER:
2) kidnapping with rape against her sister, No, Edgardo may not be charged with
Lyn. The victims, who were kidnapped and attempted kidnapping inasmuch as no overt
detained, were subsequently raped and act to kidnap or restrain the liberty of the girl
killed (as regards Dang) in the course of their had been commenced. At most, what
detention. The composite crime is committed Edgardo has done in the premises was a
regardless of whether the subsequent crimes proposal to Vicente to kidnap the girl, which
were purposely sought or merely an is only a preparatory act and not an overt
ALTERNATIVE ANSWER: act. The attempt to commit a felony
afterthought
Job and Nonoy (People v. Larranaga,
committed G.R.ofNos.
2 counts the
138874-5, Februarys, 2004). abduction with rape commences with the commission of overt
complex crime of forcible act, not preparatory act. Proposal to commit
(Art. 342, Revised Penal Code) and the Kidnapping;
kidnapping is notSerious
a crime. Illegal
separate offense of murder against Dang. The Detention
A and B (1997)
conspiring with each other,
crime committed is abduction because there kidnapped C and detained him. The duo then
was lewd design when they took the victims called up C's wife informing her that they
away and subsequently raped them. The had her husband and would release him only
killing thereafter, constitutes the separate if she paid a ransom in the amount of
offense of murder qualified by treachery. P10,000,000 and that, if she were to fail,
2. What penalties should be imposed on they would kill him. The next day, C, who
them? (2.5%) had just recovered from an illness had a
SUGGESTED ANSWER:
Since the death penalty has already been relapse. Fearing he might die if not treated
prohibited, reclusion perpetua is the at once by a doctor, A and B released C
Charged
during the with kidnapping
early morning of and theserious illegal
third day of
appropriate penalty (RA. 9346). In the case detention provided in Article 267, RPC, A and
of the minor Nonoy, his penalty shall be one detention.
B filed a petition for bail. They contended
degree lower (Art. 68, Revised Penal Code). that since they had voluntarily released C
3. Will Nonoy's minority exculpate him? within three days from commencement of
SUGGESTED ANSWER:
(2.5%)
Under RA. 9344, the Juvenile Justice and the detention, without having been paid any
Reform Act, which retroacts to the date that amount of the ransom demanded and before
the crime was committed, Nonoy will be the institution of criminal proceedings
exculpated if he was 15 years old or below. against them, the crime committed was only
After
slight hearing, the trial court
illegal detention found the
prescribed in Article
However, if he was above 15 years old but evidence
below 18 years of age, he will be liable if he 268, RPC.of guilt to be strong and therefore
denied the petition for bail. On appeal, the
acted with discernment. As the problem only issue was: Was the crime committed
shows that Nonoy acted with discernment, he kidnapping and serious detention or slight
will be entitled to a suspension of sentence. SUGGESTED ANSWER:Decide.
Illegal detention?
(NOTABENE: R.A. 9344 is outside the coverage of The crime committed by A and B is
4. Is the non-recovery of Lyn's body
the examination) kidnapping and serious illegal detention
material to the criminal liability of Job because they made a demand for ransom
SUGGESTED
and Nonoy? ANSWER:
(2.5%)
The non-recovery of Lyn's body is not and threatened to kill C if the latter's wife did
material to the criminal liability of Job and not pay the same. Without the demand for
Nonoy, because the corpus delicti of the ransom, the crime could have been slight
crime which is kidnapping with rape of Lyn The
illegalcontention of A and B that they had
detention only.
ALTERNATIVE
has been dulyANSWER:
proven. voluntary released C within three days from
The non-recovery of Lyn's body is not the commencement of the detention is
material to the criminal liability of Job and immaterial as they are charged with a crime
Nonoy, because the corpus delicti of the where the penalty prescribed is death (Asistio
crime which is forcible abduction with rape vs. San Diego. 10SCRA673).
They were properly denied bail because the
of Lyn has been duly proven.
Kidnapping; Proposal to trial court found that the evidence of guilt in
Kidnap (1996)
Edgardo induced his friend Vicente, in the information for kidnapping and serious
consideration of money, to kidnap a girl he is Illegal detention is strong.
Trespass to Dwelling; Private
courting so that he may succeed to raping
Persons
Under (2006)
what situations may a private person
her and eventually making her accede to
enter any dwelling, residence, or other
marry him. Vicente asked for more money
which Edgardo failed to put up. Angered establishments without being liable for
SUGGESTED
trespass toANSWER:
dwelling? (2.5%)
because Edgardo did not put up the money
he required, he reported Edgardo to the
police.
Criminal Law Bar Examination Q & A (1994-2006) 64 of 86
Trespass to dwelling is not applicable to any monetary consideration, to bum her building
person who shall enter another's dwelling for so she could collect the insurance proceeds.
the purpose of: a) Preventing some serious Yoboy and Yongsi burned the said building
harm to himself, its occupants, or a third resulting to its total loss. What crime did
person; and b) Rendering service to SUGGESTED
Tata, YoboyANSWER:
and Yongsi commit?
humanity or justice; Tata, Yoboy and Yongsi committed the crime
Any person who shall enter cafes, taverns, of destructive arson because they collectively
inns, and other public houses, while the caused the destruction of property by means
same are open will likewise not be liable (Art. of fire under the circumstances which
280, Revised Penal Code). exposed to danger the life or property of
Tresspass to Dwelling; Rule of others (Art, 320, par. 5, RPC. as amended by RA
Absorption
At about 11:00 (1994)
in the evening, Dante forced No. 7659).
his way inside the house of Mamerto. Jay. Arson; Destructive
Mamerto's son, saw Dante and accosted him, Arsonearly
One (2000) evening, there was a fight
Dante pulled a knife and stabbed Jay on his between Eddie Gutierrez and Mario Cortez.
abdomen. Mamerto heard the commotion Later that evening, at about 11 o'clock, Eddie
and went out of his room. Dante, who was passed by the house of Mario carrying a
about to escape, assaulted Mamerto. Jay plastic bag containing gasoline, threw the
suffered Injuries which, were it not for the bag at the house of Mario who was inside the
timely medical attendance, would have house watching television, and then lit it. The
caused his death. Mamerto sustained Injuries front wall of the house started blazing and
SUGGESTED ANSWER:
that incapacitated him for 25 days. What some neighbors yelled and shouted.
Dante committed qualified trespass to Forthwith, Mario poured water on the burning
crime or crimes did Dante commit?
dwelling, frustrated homicide for the stabbing portion of the house. Neighbors also rushed
of Jay, and less serious physical injuries for in to help put the fire under control before
the assault on Mamerto. any great damage could be inflicted and
The crime of qualified trespass to dwelling SUGGESTED ANSWER:
before
Eddie isthe flames
liable for have extensively
destructive arson spread.
in the
should not be complexed with frustrated Only a portion of the house was burned.
homicide because when the trespass is consummated stage. It is destructive arson
Discuss
becauseEddie's liability,
fire was (3%)to in destroying
resorted
committed as a means to commit a more
serious offense, trespass to dwelling is the house of Mario which is an inhabited
absorbed by the greater crime, and the house or dwelling. The arson is
former constitutes an aggravating consummated because the house was in fact
Dante committed
circumstance frustrated
of dwelling homicide
(People for the
vs. Abedoza, already burned although not totally. In
stabbing of Jay.... Dante is guilty of less
53 Phil.788). arson, it is not required that the premises be
serious physical injuries for the wounds totally burned for the crime to be
sustained by Mamerto... Arson;
consummated.New Arson
It is enough that the
Unjust Vexation vs Acts of Law
CD is(2004)
the stepfather
premises suffer of FEL. by
destruction One day, CD got
burning.
Lasciviousness
When is embracing, (1994)
kissing and touching a very mad at FEL for failing in his college
girl's breast considered only unjust vexation courses. In his fury, CD got the leather
instead of acts of lasciviousness? suitcase of FEL and burned it together with
SUGGESTED ANSWER: 1. What
all its crime was committed
contents.
The acts of embracing, kissing of a woman 2. Is CD criminally liable? Explain
by CD?
arising either out of passion or other motive briefly. (5%)
and the touching of her breast as a mere
incident of the embrace without lewd design
constitutes merely unjust vexation (People
vs, Ignacio. CA GRNo. 5119-R, September 30,
1950). However, where the kissing,
embracing and the touching of the breast of
a woman are done with lewd design, the
same constitute acts of lasciviousness (People
Crimes
vs. Percival Against
Gilo, 10 Property
SCRA 753).

Arson; Destructive
Arson
Tata (1994)
owns a three-storey building located at
No. 3 Herran Street. Paco, Manila. She wanted
to construct a new building but had no money
to finance the construction. So, she insured
the building for P3,000,000.00. She then
urged Yoboy and Yongsi, for
Criminal Law Bar Examination Q & A (1994-2006) 65 of 86

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

BP 22; Memorandum
Check is
1What (1995)
a memorandum check ?
2Is a person who issues a memorandum check
without sufficient funds necessarily guilty of
violating B.P. Blg. 22? Explain.
3Jane 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. 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.
Criminal Law Bar Examination Q & A (1994-2006) 66 of 86
Such contention is invalid. A trust receipt misappropriate
3. The defense the ofjewelry
Edmund doesis NOT
not valid.
makeA
arrangement doesn't involve merely a simple memorandum
her criminally liablecheckfor uponestafa.
presentment is
loan transaction but includes likewise a generally accepted by the bank. It does not
security feature where the creditor bank Estafa vs. BP 22
matter whether the check is in the nature of a
extends financial assistance to the debtor- (1996)
The accused was
memorandum convicted
as evidence under B.P, Blg.
of indebtedness.
importer in return for the collateral or 22
What forthehaving issued several
law punishes is the mere checks which
issuance
security title as to the goods or merchandise were
of a bouncing check and not the purposetheir
dishonored by the drawee bank on for
being purchased or imported. The title of the due
whichdateit was because
issued northe the accused
terms and closed her
bank to the security is the one sought to be account
conditionsafter the thereto.
relating issuance The ofmere
checks.
act ofOn
protected and not the loan which is a Blg. 22 a
appeal,
issuing byshereason
argued
worthless ofcheck
the
that closing
isshe of her not be
could
a malum
separate and distinct agreement. What is account
convicted
prohibitum. because
under said law applies
The understanding solely
that to
the check
being penalized under P,D. No. 115 is the checks
will not dishonored
be presented byatreason
the bankof insufficiency
but will be
misuse or misappropriation of the goods or of funds and
redeemed bythat
the at the time
maker whenshe theissued the
loan falls
proceeds realized from the sale of the goods, checks concerned, she had
due is a mere private arrangement which adequate funds
documents or Instruments which are being in
maythenotbank. While
prevail to she
exemptadmits that the
it from shepenal
may
BP
be 22; Presumption
held liable for estafa ofunder Article 215 of
held in trust for the entrustee-banks. In other sanction of B.P. Blg. 22. (People vs. Nitafan)
Knowledge
A
thea businessman,
Revised Penal (2002) borrowed
Code, sheP500,000.00
cannot however from
words, the law punishes the dishonesty and
B, a friend. To pay the
be found guilty of having violatedloan, A issued a
abuse
Estafaof confidence in the handling of money postdated
Blg. 22. Is check to be presented
her contention correct?for payment
Explain.
or goodssuch
(1999)
Is there to the prejudice
a crime of thethrough
as estafa other, and
30 days after the transaction. Two days
hence there is no violation
negligence? Explain. (2%) of the right
before the maturity date of the check, A
against imprisonment for non-payment of
called up B and told him not to deposit the
debt.
Aurelia (People vs. Nitafan,
introduced Rosa207 SCRA 725)
to Victoria, a dealer check on the date stated on the face thereof,
in jewelry who does business in Timog, as A had not deposited in the drawee bank
Quezon City. Rosa, a resident of Cebu City, the amount needed to cover the check.
agreed to sell a diamond ring and bracelet to Nevertheless, B deposited the check in
Victoria on a commission basis, on condition question and the same was dishonored of
that, if these items can not be sold, they may insufficiency of funds. A failed to settle the
be returned to Victoria forthwith. Unable to SUGGESTED ANSWER:
amount
Yes, A Iswith liable B for
in spite of the
violation of latter's
BP. Blg. 22
sell the ring and bracelet, Rosa delivered demands.
both items to Aurelia in Cebu City with the (Bouncing Checks Law), AlthoughB.P.
Is A guilty of violating Blg. 22,
knowledge
otherwise known as the Bouncing
by the drawer of insufficiency or lack of Checks
understanding that Aurelia shall, in turn, Law?
return the items to Victoria in Timog, Quezon funds Explain.
at the time (5%) of the issuance of the
City. Aurelia dutifully returned the bracelet to check is an essential element of the
Victoria but sold the ring, kept the cash violation, the law presumes prima facie such
proceeds thereof to herself, and issued a knowledge, unless within five (5) banking
check to Victoria which bounced. Victoria days of notice of dishonor or nonpayment,
sued Rosa for estafa under Article 315, the drawer pays the holder thereof the
R.P.C., Victoria insisting that delivery to a amount due thereon or makes arrangements
A
formere notice
payment inby
fullthe
by drawer A to the
the drawee payee B
of such
third person of the thing held in trust is not a before the maturity date of the check will not
defense inANSWER:
estafa. Is Rosa criminally liable for checks.
SUGGESTED defeat the presumption of knowledge created
estafa
(a) Thereunder thesuch
is no circumstances?
crime as estafa Explain,
through by the law; otherwise, the purpose and spirit
[4%)
SUGGESTED ANSWER:
negligence. In estafa, the profit or gain must of B.P. 22 will be rendered useless.
1. A memorandum
be obtained by the accused check is an ordinary
personally, Estafa & Trust Receipt
check with the word
through his own acts, and his mere "Memorandum", Law obtained
Julio (1995) a letter of credit from a local
"Memo",
negligence orin"Mem"
allowingwritten
another across
to takethe face, bank in order to import auto tires from Japan.
signifying that
advantage of orthe maker
benefit or drawer
from engages
the entrusted To secure payment of his letter of credit, Julio
to pay cannot
chattel its holder absolutely
constitute estafa. thus partaking
(People v. executed a trust receipt in favor of the bank.
the nature
(b) No, Rosaofcannot
Nepomuceno, a promissory
CA, 46OG held note.
be6135) criminallyIt is liable
drawn Upon arrival of the tires, Julio sold them but
on aestafa.
for bank and is a bill
Although sheofreceived
exchange thewithin the
jewelry did not deliver the proceeds to the bank. Julio
(People
purview of vs. Nitafan,
Section 215of SCRA
from Victoria under an185
obligation the toNegotiable
return the was charged with estafa under P.D. No. 115
79)
Instruments
same Law.
or deliver the proceeds thereof, she did which makes the violation of a trust receipt
2. Yes, a person who issued a
not misappropriate it. In fact, she gave them agreement punishable as estafa under Art.
memorandum check without sufficient funds
to Aurelia specifically to be returned to 315, par. (1), subpar. (b), of the Revised
is guilty of violating B.P. Blg. 22 as said law
Victoria. The misappropriation was done by Penal Code. Julio contended that P.D. No. 115
covers all checks whether it is an evidence of
Aurelia, and absent the showing of any was unconstitutional because it violated the
indebtedness, or in payment of a preexisting
conspiracy between Aurelia and Rosa, the Bill of Rights provision against imprisonment
obligation, or as deposit or guarantee. SUGGESTED ANSWER:
latter cannot be held criminally liable for for nonpayment of debt. Rule on the
(People vs. Nitafan)
Amelia's acts. Furthermore, as explained contention of Julio, Discuss fully.
above, Rosa's negligence which may have
allowed Aurelia to
Criminal Law Bar Examination Q & A (1994-2006) 67 of 86
Estafa vs. Money Market
Placement
On March (1996)
31, 1995, Orpheus Financing Estafa;
Corporation received from Maricar the sum of Elements
DD purchased (2005)a television set for P50,000.00
P500,000 as money market placement for with the use of a counterfeit credit card. The
sixty days at fifteen (15) per cent interest, owner of the establishment had no inkling
and the President of said Corporation issued that the credit card used by DD was
a check covering the amount including the counterfeit. What crime or crimes did DD
interest due thereon, postdated May 30, SUGGESTED ANSWER:(5%)
commit? Explain.
1995. On the maturity date, however, DD committed the crime of estafa under Art.
Orpheus Financing Corporation failed to 315, par. 2(a) of the Revised Penal Code by
deliver back Maricar's money placement with falsely pretending to posses credit. The
the corresponding interest earned, elements of estafa under this penal provision
notwithstanding repeated demands upon said are; (1) the accused defrauded another by
Did the President
Corporation to complyofwith Orpheus Financing
its commitment. means of deceit; and (2) damage or
Corporation incur any criminal liability for prejudice capable of pecuniary estimation is
estafa for reason of the nonpayment of the caused to the offended party or third party.
SUGGESTED
money marketANSWER:
placement? Explain. The accused also violated R.A. No. 8484,
No, the President of the financing corporation Mr.
whichCarlos Gabisi,
punishes the a use
customs guard, and
or possession of Mr,
SUGGESTED ANSWER:
does not incur criminal liability for estafa Rico
No, Yto,
fake the a private
contentioncredit
or counterfeit Individual,
of the went to
card.accused is not the
because a money market transaction office
Estafa;
correct.of Falsification
Mr.
As longDiether as Ocuarto,
the of checks a customs
Commercial issued were
partakes of the nature of a loan, such that broker,
Document and
issued to apply represented
(2000) themselves
on account or for value, as and
nonpayment thereof would not give rise to agents
was dishonored upon presentation an
of Moonglow Commercial Trading, for
estafa through misappropriation or Importer
payment oftochildren's
the drawee clothes bankand fortoys.lack
Mr. of
conversion. In money market placement, Gabisi and Mr.
insufficient funds Ytoon engaged
their due Mr.date,
Ocuarto such toact
there is transfer of ownership of the money prepare and file with the Bureau
falls within the ambit of B.P. Blg. 22. Said law of Customs
to be invested and therefore the liability for the necessary
expressly Import any
punishes Entrypersonand Internal who may
its return is civil in nature (Perez vs. Court of Revenue
have insufficient funds in theMoonglow's
Declaration covering drawee bank
Estafa vs. Theft shipment. Mr. Gabisi and Mr.but Yto fails
submitted to
Appeals, 127 SCRA 636; Sebreno vs. Court of when he issues the check, to keep
(2005)
DD was engaged in the warehouse business. Mr. Ocuarto a packing list, a commercial
Appeals etal, G.R. 84096, 26 Jan 95). sufficient funds to cover the full amount of
Sometime in November 2004, he was in dire invoice,
the check a bill of lading
when and a Sworn
presented to theImportdrawee
need of money. He, thus, sold merchandise Estafa
Duty vs. BP 22
Declaration which declared the the date
bank within ninety (90) days from
deposited in his warehouse to VR for (2003)
A and B agreed
shipment as to meet
children's at the
toys, thelatter's
taxes and house
appearing thereon.
P500,000.00. DD was charged with theft, as to discuss
duties B's financial
of which problems.
were computed atOn his way,
principal, while VR as accessory. The court one of A's car
P60,000.00. Mr. tires
Ocuarto blew filedup.the Before A left
convicted DD of theft but acquitted VR on following the meeting,
aforementioned documents he withasked theB Manila
to lend
the ground that he purchased the him (A) money
International to buy a Port.
Container new spare However, tire.before
B had
merchandise in good faith. However, the temporarily
the shipmentexhausted
was released, hisa bank
spot checkdeposits,
was
court ordered VR to return the merchandise leaving
conductedaby Customs zero balance. Senior Agent Anticipating,
James
DD
to themoved
owner for thereof
the reconsideration
and ordered DD of the
to however,
Bandido, who a replenishment
discovered thatof thehis account
contents of
decision insisting that he
refund the P500,000.00 to VR. should be acquitted soon, B issued A a postdated
the van (shipment) were not children's toys check with
of theft because being the depositary, he had which
as A negotiated
declared in the shipping for a documents
new tire. but When
juridical possession of the merchandise. VR presented,
1,000 units of thevideocheck bounced
cassette for lack
recorders withof
also moved for the reconsideration of the funds.and
taxes Theduties
tire company
computed filed
at a criminal case
P600,000.00. A
decision insisting that since he was acquitted SUGGESTED ANSWER:
against
hold orderA and
and B. What
warrant would
of seizure be the
and criminal
of the crime charged, and that he purchased A who negotiated the unfunded check of B in
liability,
buying aif were
detention any, tire
new of each
then issued
for of the
his by
carthetwo
may accused?
District
only be
the merchandise in good faith, he is not Explain.
Collector 8%
of Customs. Further investigation
SUGGESTED ANSWER:
obligated to return the merchandise to its prosecuted for estafa if he was aware at the
The motion for reconsideration should be showed
time of that
suchMoonglow
negotiation is non-existent.
that the check has
owner. Rule on the motions with reasons. Consequently,
granted. By depositing the merchandise in his
(5%) no sufficient funds in and
Mr, Gabisi the Mr. Yto were
drawee bank;
warehouse, he transferred not merely charged with and convicted
otherwise, he is not criminally liable. for violation of
physical but also juridical possession. The Section 3(e) of R.A. 3019
B who accommodated A which
with his makescheck it may
element of taking in the crime of theft is unlawful
nevertheless among be others,
prosecuted for publicunder officers
BP 22tofor
wanting. At the most, he could be held liable cause
havingany undue
issued theInjury
check, toknowing
any party, at the time
for estafa for misappropriation of the including
of issuance thethat
Government.
it has no In the discharge
funds in the bank of
On the otherdeposited.
merchandise hand, the motion of VR must official functions through manifest
and that A will negotiate it to buy a new tire, partiality,
also be denied. His acquittal is of no moment evident
i.e., for bad
value. faith
B or maygrossnotinexcusable
be prosecuted for
because the thing, subject matter of the negligence.
estafa because In their
the motion for
facts indicate that he is
offense, shall be restored to the owner even reconsideration,
not actuated by the accused
intent allegedinthat
to defraud the
issuing
though it is found in the possession of a third decision
the check was erroneous
which because the
A negotiated. crime B
Obviously,
person who acquired it by lawful means. (Art. was
issuednottheconsummated
postdated check but was onlytoathelp
only an A:
105, RFC) attempted
criminal intent stage, and that
or dolo in fact the
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) 68 of 86
SUGGESTED ANSWER: lot to her neighbor Dino for P1,000,000.
Yes, both are liable for attempted estafa thru Later Divina sold the same lot to Angel for
falsification of commercial documents, a P2,000,000. In the Deed of Sale, she
complex crime. They tried to defraud the expressly stated that the property is free
Government with the use of false commercial from any lien or encumbrance. What crime,
and public documents. Damage is not SUGGESTED
if any, did ANSWER:
Divina commit? [5%]
necessary. Divina committed estafa or swindling under
Estafa; Falsification of Commercial Art. 316, par. 2 of the Revised Penal Code
Documents
The (1997) a saving account with
accused opened because, knowing that the real property
Bank A with an initial deposit of P2,000.00. A being sold is encumbered, she still made a
few days later, he deposited in the savings misrepresentation in the Deed of Sale that
account a Bank B check for P 10,000.00 the same is free from any lien or
drawn and endorsed purportedly by C. Ten encumbrance. There is thus a deceit or fraud
days later, he withdrew P 10,000.00 from his Robbery
causing damage to the buyer of the lot.
savings account. C complained to Bank B (1996)
Five robbers robbed, one after the other five
when the check was deducted from his houses occupied by different families located
account. Two days thereafter, the accused inside a compound enclosed by a six-feet
deposited another Bank B check of P high hollow block fence. How many robberies
SUGGESTED
did the fiveANSWER:
commit? Explain.
10,000.00 signed and endorsed allegedly by
The offenders committed only one robbery in
C. A week later, the accused went to Bank A
Convicted under two informations of estafa the eyes of the law because when they
to withdraw P10,000.00. While withdrawing
and attempted estafa both through entered the compound, they were impelled
the amount, he was arrested.
falsification of commercial documents, he set only by a single indivisible criminal resolution
up the defenses that, except for the showing to commit a robbery as they were not aware
that the signature of C had been forged, no that there were five families inside said
further evidence was presented to establish compound, considering that the same was
(a) that he was the forger of the signature of enclosed by a six-feet high hollow-block
C nor (b), that as to the second charge C fence. The series of robbery committed in the
SUGGESTED ANSWER: same compound at about the same time
suffered any damage. Rule on the defense.
The defense is not tenable; (a) the possessor Robbery
constitutes one under
continued crime, motivated
of a falsified document is presumed to be the RPC
A, (2000)
by one criminal B
B, C, D and were in a beerhouse along
impulse.
author of the falsification (People vs. MacArthur Highway having a drinking spree.
Sendaydtego, 81 SCRA 120; Koh Tiek vs. People, At about 1 o'clock in the morning, they
et al, Dec. 21, 1990); (b) In estafa, a mere decided to leave and so asked for the bill.
disturbance of property rights, even if They pooled their money together but they
temporary, would be sufficient to, cause were still short of P2,000.00. E then
damage. Moreover, in a crime of falsification orchestrated a plan whereby A, B, C and D
of a commercial document, damage or intent would go out, flag a taxicab and rob the taxi
to cause damage is not necessary because driver of all his money while E would wait for
the principal thing punished is the violation of them in the beerhouse. A. B, C and D agreed.
Estafa; Defense
the public of Ownership
faith and (2002)ofAthe
the destruction sold a All armed with balisongs, A, B, C and D
washing machine to B on credit,
truth as therein solemnly proclaimed. with the hailed the first taxicab they encountered.
understanding that B could return the After robbing X, the driver, of his earnings,
appliance within two weeks if, after testing which amounted to P1,000.00 only, they
the same, B decided not to buy it. Two weeks needed P1 ,000.00 more to meet their bill.
lapsed without B returning the appliance. A So, they decided to hail another taxicab and
found out that B had sold the washing they again robbed driver T of his hard-earned
machine to a third party- Is B liable for money amounting to P1,000. On their way
estafa? Why? (5%) SUGGESTED ANSWER: back to ANSWER:
the beerhouse, they were
SUGGESTED
No, B is not liable for estafa because he is apprehended
A. B, C, D and by E area liable
policeforteam upon
two (2) the
counts
not just an entrustee of the washing machine complaint
of robberyofunder
X, theArticle
driver 294
of the
of first cab.
the Rev.
which he sold; he is the owner thereof by They pointed to E
Penal Code; not forashighway
the mastermind. What
Robbery under
virtue of the sale of the washing machine to crime or The
crimes, if any, are
did not
A, B,brigands
C, D and B
PD 532. offenders but
him. The sale being on credit, B as buyer is commit? Explain the
fully.robbery
(3%) to raise money
only committed
only liable for the unpaid price of the
to pay their bill because it happened that
washing
Estafa; machine; his obligation is only a civil they were short of money to pay the same.
obligation.
Swindling There
(1998) is no felonious Robbery under
Divina, is the owner of a 500-square meter
misappropriation that could constitute RPC
A and(2001)
B are neighbors in Barangay Nuevo I,
residential lot in Makati City covered by TCT
estafa. Silang, Cavite. A is a barangay Kagawad and
No. 1998. As her son needed money for his
trip abroad, Divina mortgaged her known to be a
Criminal Law Bar Examination Q & A (1994-2006)
bully, while B is reputed to be gay but noted
for his industry and economic savvy which
allowed him to amass wealth in leaps and
bounds, including registered and
unregistered lands in several barangays.
Resenting B's riches and relying on his
political influence, A decided to harass and
intimidate B into sharing with him some of
his lands, considering that the latter was
single and living alone. One night, A broke
into B's house, forced him to bring out some
titles and after picking out a title covering
200 square meters in their barangay,
compelled B to type out a Deed of Sale
conveying the said lot to him for P1.00 and
other valuable considerations. All the while,
A carried
What a paltik
charge or caliber
charges.45 should
in full view
be of B,
filed
who signed the deed
against A? Explain. (5%) out of fear. When A
later on ANSWER:
SUGGESTED tried to register the deed, B
summoned
The charge forenough
Robberycourage and had
under Article 298 ofA
arrested
the Revised andPenalcharged
Code in shouldcourtbe after
filed
preliminary
against A. investigation.
Said Article provides that any
person who, with intent to defraud another,
by means of violence or intimidation, shall
compel him to sign, execute and deliver any
public instrument or document shall be held
The
guiltypaltik caliber .45 firearm carried by A
of robbery.
was obviously intended to intimidate B and
thus, used in the commission of the robbery.
If it could be established that A had no
license or permit to possess and carry such
firearm, it should be taken only as special
aggravating circumstance to the crime of
ALTERNATIVE ANSWER:
robbery, not subject of a separate
On the premise that the Deed of Sale which
prosecution.
A compelled B to sign, had not attained the
character of a "public" instrument or
document, A should be charged for the crime
of Qualified Trespass to Dwelling under
Article 280 of the Revised Penal Code for
having intruded into B’s house, and for the
crime of Grave Coercion under Article 286 of
same Code, for compelling B to sign such
Robbery vs.
deed of sale against Highway
his will.
Robbery (2000)
Distinguish Highway Robbery under
Presidential Decree No. 532 from Robbery
committedANSWER:
SUGGESTED on a highway. (3%)
Highway Robbery under Pres. Decree 532
differs from ordinary Robbery committed on
a highway in these respects:
1In Highway Robbery under PD 532, the robbery is
committed indiscriminately against persons who
commute in such highways, regardless of the
potentiality they offer; while in ordinary Robbery
committed on a highway, the robbery is
committed only against predetermined victims;
2It is Highway Robbery under PD 532, when the
offender is a brigand or one who roams in public
Criminal Law Bar Examination Q & A (1994-2006) 69 of 86
70
Jose. Henry, likewise, moved to reconsider highways
to prevent and carries what
identification, out his crimerobbery
did the in
the decision, asserting that he is liable only fourpublic
commit? highways
Explain.as venue, whenever the
for attempted robbery with homicide with no opportunity
SUGGESTED ANSWER: to do so arises. It is ordinary
aggravating circumstance, considering that (a) Robbery
Jose, Domingo, under the andRevised
Manolo Penal committed Code
he and Mario did not benefit from the Robbery,
when the commission thereof in complex
while Fernando committed a public
P500,000.00. He further alleged that arson is crime of Robbery
highway is onlywith Rape. Conspiracy
incidental and can the
a felony and not an aggravating be offender
inferred from the manner
is not a brigand: and the offenders
circumstance; dwelling is not aggravating in committed
3. the robbery
In Highway Robbery but under
the rape PD was 532,
attempted robbery with homicide; and committed
there is frequencyby Fernando in theatcommission
a place "distant of the
nighttime is not aggravating because the from
robbery the inhouse" publicwhere highwaysthe robbery
and against was
house of Jose was lighted at the time he was committed,
persons travelling not in the presence
thereat; whereas of the other
ordinary
SUGGESTED ANSWER: conspirators.
Robbery in public Hence, Fernando
highways is onlyalone should
occasional
killed.
Mario isResolve with reasons
not correct. the respective
Mario conspired and
motions of Mario and Henry. (7%) answer
against for a the rape, rendering
predetermined him liable
victim, for
without
acted in concert with Henry to commit the special
frequency complex
in public highways.crime. (People vs.
robbery. Hence, the act of one is the act of b) The crime would be Robbery with Homicide
Canturia
Robbery et. w/
al, G.R.force108490, upon22 June 1995}
all and the extent of the specific participation because the killings were by reason (to
of each individual conspirator becomes things
A, brother
prevent (2000)
of B, with theand
identification) intention
on theofoccasion
having aof
secondary, each being held liable for the night out with his friends,
the robbery. The multiple rapes committed took the coconut
criminal deed(s) executed by another or shellthe
and which factis that
beingseveral
used by B as a bank
persons were for killed
others. As a conspirator, Mario casts his lot coins from inside
[homicide), wouldtheir locked
be cabinet using as
considered
with his fellow conspirators and becomes their commoncircumstances.
aggravating key. Forthwith, AThe broke the are
rapes
liable to any third person who may get killed coconut shell with
synonymous outside of theirand
Ignominy home thein the
additional
in the course of implementing the criminal presence
killing of his friends.
synonymous withWhat is the (People
cruelty, criminalvs.
Henry is incorrect, since he acquired liability
Solis, 182ofSCRA;
A, if any?
People Explain.
vs. Plaga,(3%)202IsSCRA
A 531)
design. (People v. Punzalan, et al.. G.R. No. Robbery w/ liability under Article
possession of the money. The crime of exempted from criminal
78853, November 8, 1991) Homicide (1998)
robbery with force and intimidation is A,
332 B,ofC the
andRevised
D all armed, Penal robbed
Code fora beingbank, aand
consummated when the robber acquires when
brother of B?were
SUGGESTED they ANSWER:
Explain. about (2%)to get out of the
possession of the property, even if for a a) A policemen
bank, is criminally came liable
andfor Robbery
ordered them withto
short time. It is no defense that they had no force upon things,
surrender but they because fired the oncoconut
the police shell
opportunity to dispose of or benefit from the with thewho
officers coins inside,
fired backwas andtaken
shot with
it outintent
with
money taken. (People v. Salvilia, et al., G.R. No. to
1. Suppose a bank employee was killedhome,
them.gain and broken outside of their and
Since
88163,the crime
April in robbery with force and
26, 1990) (Art. 299 (b)
the bullet (2). killed
which RPC). him came from the
intimidation against persons (robbery with b) No, A
firearm ofisthenot exempt
police from with
officers, criminal
whatliability
homicide), dwelling is aggravating. Arson, under
2.
crime Art. you
Suppose
shall 332
it was because
robber
charge said
D
A, B. who
C and Article
was applies
D?killed
[3%]
which accompanied the crime of robbery with only
by thetopolicemen
theft, swindling and the or prosecutor
malicious mischief.
homicide is absorbed (Art. 294, RFC as Here,
charged theA,crime
B andcommitted
C with Robbery is robbery.
and
amended by R.A. No. 7659) and is not Homicide. They demurred arguing that they
aggravating because the RPC does not Robbery
(A, B and C)w/were Homicide
not the ones - R.A. who killed
provide that such crime is an aggravating No.
Jose 7659 (2005)
robber D, hence, the charge should and
employed Mario as gardener onlyHenry
be
circumstance. (People v. Regala, G.R. No. as cook.How
SUGGESTED
Robbery. They
ANSWER: would learned
you resolve thattheir Jose won
1. A, B, C and
P500,000.00
argument? (2%)inDthe shouldlotto,beandcharged
decided withtothe rob
130508, April 5, 2000) Nighttime, likewise, is
not aggravating. There is no showing that the him.crime Marioof robbery
positioned with homicide
himself because
about 30
the death
meters away of from theJose’s
bank employee
house andwas acted as
same was purposely sought by the offenders
Robbery w/ brought
lookout. Forabout by theHenry
his part, acts ofsurreptitiously
said
to facilitate the commission of the crime or
Homicide
Jose, Domingo,(1996)
Manolo, and Fernando, armed offenders
gained entry on intothethe occasion
house of thekilled
and robbery. Jose
impunity.
with bolos, at about one o'clock in the whoTheywas shotthenithaving
out with histhe policeman,
dinner. Henry found
morning, robbed a house at a desolate place the thereby
P500,000.00 causing andsuch tookdeath by reason
it. Henry then took or
where Danilo, his wife, and three daughters a canonof the occasion
gasoline fromof athe robbery;
garagehence,and burnedthe
were living. While the four were in the the composite
house to crime conceal of robbery
the acts. withMario and
process of ransacking Danilo's house, homicide.
Henry fled, but were arrested around 200
Fernando, noticing that one of Danilo's 2. The argument
meters away from is valid, theconsidering
house by thatalert
a
daughters was trying to get away, ran after Mario and Henry
separate charge were
for charged
Homicide was with
filed. and
It
barangay tanods. The tanods recovered the
her and finally caught up with her in a thicket convicted
would be different if the charge filed wasthe
of robbery with homicide, with
P500,000.00.
somewhat distant from the house. Fernando, aggravating circumstances
for the composite crime of of robbery
arson, dwelling,
with
before bringing back the daughter to the andhomicide
nighttime. which is a single, indivisible
Mario moved to reconsider the decision
house, raped her first. Thereafter, the four offense.
maintaining that he was not at the scene of
carted away the belongings of Danilo and his
the crime and was not aware that Henry
family. a) What crime did Jose, Domingo,
killed the victim; hence, he was guilty only of
Manolo and Fernando commit? Explain. b)
robbery, as an accomplice. Mario also
Suppose, after the robbery, the four took
claimed that he conspired with Henry to
turns in raping the three daughters of Danilo
commit robbery but not to kill
inside the latter's house, but before they left,
they killed the whole family
Criminal Law Bar Examination Q & A (1994-2006) 71 of 86
Robbery w/ who took part in the robbery are guilty as
Homicide
A learned two(2003)
days ago that B had received principals of the crime of robbery with
dollar bills amounting to $10,000 from his homicide, unless the accused tried to prevent
daughter working in the United States. With the killing (People vs. Baello, 224 SCRA 218).
the intention of robbing B of those dollars, A Further, the aggravating circumstance of
entered B's house at midnight, armed with a craft could be assessed against the accused
knife which he used to gain entry, and began for pretending to be customers of Mang
quietly searching the drawers, shelves, and Robbery
Pandoy. w/ Intimidation vs.
other likely receptacles of the cash. While Theft
A (2002)
entered the house of another without
doing that, B awoke, rushed out from the employing force or violence upon things. He
bedroom, and grappled with A for the was seen by a maid who wanted to scream
possession of the knife which A was then but was prevented from doing so because A
holding. After stabbing B to death, A turned threatened her with a gun. A then took
over B's pillow and found the latter's wallet money and other valuables and left. Is A
SUGGESTED ANSWER:
guilty of theft or of robbery? Explain. (3%)
underneath the pillow, which was bulging
SUGGESTED ANSWER: A is liable for robbery because of the
with the dollar
The crime committedbills heiswas looking
robbery for. A took
with intimidation he employed on the maid before
the
homicide, a composite crime. This is so or
bills and left the house. What crime the taking of the money and other valuables.
crimes
because were committed?
A's primordial 8%
criminal intent is to It is the intimidation of person relative to the
commit a robbery and in the course of the taking that qualifies the crime as robbery,
robbery, the killing of B took place. Both the instead of simply theft. The non-employment
robbery and the killing were consummated, of force upon things is of no moment
thus giving rise to the special complex crime because robbery is committed not only by
of robbery with homicide. The primary employing force upon things but also by
criminal intent being to commit a robbery, employing violence against or intimidation of
any killing on the "occasion" of the robbery, Robbery
persons. w/
though not by reason thereof, is considered a Rapeyoung
Two (1999)men, A and B, conspired to rob a
component of the crime of robbery with residential house of things of value. They
Robbery w/ Homicide; Special succeeded in the commission of their original
homicide as a single indivisible offense.
Complex
Victor, Crime
Ricky, Rod(1995)
and Ronnie went to the plan to simply rob. A, however, was sexually
store of Mang Pandoy. Victor and Ricky aroused when he saw the lady owner of the
entered the store while Rod and Ronnie house and so, raped her.
posted themselves at the door. After ordering The lady victim testified that B did not in any
beer Ricky complained that he was way participate in the rape but B watched
shortchanged although Mang Pandoy the happening from a window and did
vehemently denied it. Suddenly Ricky nothing to stop the rape. Is B as criminally
whipped out a knife as he announced "Hold- liable as A for robbery with rape? Explain.
SUGGESTED ANSWER:
(4%)
up ito!" and stabbed Mang Pandoy to death.
Yes, B is as criminally liable as A for the
Rod boxed the store's salesgirl Lucy to
composite crime of robbery with rape under
prevent her from helping Mang Pandoy. When
Art. 294 (1). Although the conspiracy of A
Lucy ran out of the store to seek help from
and B was only to rob, B was present when
people next door she was chased by Ronnie.
the rape was being committed which gave
As soon as Ricky had stabbed Mang Pandoy,
rise to a composite crime, a single indivisible
Victor scooped up the money from the cash
offense of robbery with rape. B would not
box. Then Victor and Ricky dashed to the
have been liable had he endeavored to
street and shouted, "Tumakbo na kayo!" Rod
prevent the commission of the rape. But
was 14 and Ronnie was 17. The money and
since he did not when he could have done so,
other articles
SUGGESTED looted from the store of Mang
ANSWER: he in effect acquiesced with the rape as a
Pandoy
All were for
are liable later
thefound in the
special houses
complex of of
crime Robbery w/ofRape;
component the robbery and so he is also
Victor and Ricky. Discuss fully the
ofcriminal Conspiracy
Together XA, (2004)
YB and
robbery with homicide. The acts Ricky in liable for robbery withZC planned to rob Miss
rape.
liability ofMang
stabbing Victor, Ricky,to
Pandoy Rod and of
death, Ronnie.
Rod in OD. They entered her house by breaking one
ALTERNATIVE ANSWER:
boxing the salesgirl to prevent her from of the windows in her house. After taking her
2. The argument raised by A, B and C is not
helping Mang Pandoy, of Ronnie in chasing personal properties and as they were about
correct because their liability is not only for
the salesgirl to prevent her in seeking help, to leave, XA decided on impulse to rape OD.
Robbery but for the special complex crime of
of Victor in scooping up money from the cash As XA was molesting her, YB and ZC stood
Robbery with homicide. But the facts stated
box, and of Ricky and Victor in dashing to the outside the door of her bedroom and did
impresses that separate crimes of Robbery
street and announcing the escape, are all nothing to prevent XA from raping OD. What
The rule isofsettled that when homicide takes "and" Homicide were charged, which is not
indicative conspiracy. crime or crimes did XA, YB and ZC commit,
place as a consequence or on the occasion correct. What was committed was a single
and what is the criminal liability of each?
of a robbery, all those indivisible offense of Robbery with homicide,
Explain briefly. (5%)
not two crimes.
Criminal Law Bar Examination Q & A (1994-2006) 72 of 86
SUGGESTED ANSWER: The taking of the money from the victims
The crime committed by XA, YB and ZC is the was a mere afterthought of the killings.
composite crime of Robbery with Rape, a Hence, Harry committed the separate crime
single, indivisible offense under Art. 294(1) of of theft and not the complex crime of
the Revised Penal Code. robbery with homicide. Although theft was
committed against dead persons, it is still
Although the conspiracy among the legally possible as the offended party are the
offenders was only to commit robbery and In burning
estates thevictims.
of the cottage to hide his misdeed.
only XA raped CD, the other robbers, YB and Harry became liable for another separate
ZC, were present and aware of the rape crime, arson. This act of burning was not
being committed by their co-conspirator. necessary for the consummation of the two
Having done nothing to stop XA from (2) previous offenses he committed. The fact
committing the rape, YB and ZC thereby that the caretaker died from the blaze did
concurred in the commission of the rape by not qualify Harry's crime into a complex
The
their criminal liabilityXA.
co-conspirator of all, XA, YZ and ZC, crime of arson with homicide for there is no
shall be the same, as principals in the special Hence, Harry was improperly charged with
such crime.
complex crime of robbery with rape which is the complex crime of arson with quadruple
a single, indivisible offense where the rape homicide and robbery. Harry should have
accompanying the robbery is just a been charged with three (3) separate crimes,
component. murder, theft and arson.
Robbery; Homicide; Robbery; Rape
Arson an
Harry, (1995)
overseas contract worker, arrived (1997)
After raping the complainant in her house,
from Saudi Arabia with considerable savings. the accused struck a match to smoke a
Knowing him to be "loaded", his friends cigarette before departing from the scene.
Jason, Manuel and Dave invited him to poker The brief light from the match allowed him to
session at a rented beach cottage. When he notice a watch in her wrist. He demanded
was losing almost all his money which to him that she hand over the watch. When she
was his savings of a lifetime, he discovered refused, he forcibly grabbed it from her. The
that he was being cheated by his friends. accused was charged with and convicted of
Angered by the betrayal he decided to take SUGGESTED ANSWER:
the special complex crime of robbery with
Harry
revenge ordered several
on the three bottles of Tanduay
cheats. No. the court erred in convicting the accused
rape. Was the court correct?
Rhum and gave them to his companions to of the special complex crime of robbery with
drink, as they did, until they all fell asleep. rape. The accused should instead be held
When Harry saw his companions already liable for two (2) separate crimes of robbery
sound asleep he hacked all of them to death. and rape, since the primary intent or
Then he remembered his losses. He rifled objective of the accused was only to rape the
through the pockets of his victims and got complainant, and his commission of the
back all the money he lost. He then ran away robbery was merely an afterthought. The
but not before burning the cottage to hide robbery must precede the rape. In order to
his misdeed. The following day police give rise to the special complex crime for
investigators found among the debris the Theft
which the court convicted the accused.
After
charredpreliminary
bodies ofinvestigation,
Jason, Manuel, the Dave
Provincial
and (1998)
Mario found a watch in a jeep he was riding,
Prosecutor charged Harry
the caretaker of the resort. with the complex and since it did not belong to him, he
crime of arson with quadruple homicide and approached policeman P and delivered the
robbery. Was Harry properly charged? watch with instruction to return the same to
SUGGESTED ANSWER:
Discuss fully. whoever may be found to be the owner.
No, Harry was net properly charged. Harry P failed to return the watch to the owner
should have been charged with three (3) and, instead, sold it and appropriated for
separate crimes, namely: murder, theft and himself the proceeds of the sale.
arson.
Harry killed Jason, Manuel and Dave with Charged with theft, P reasoned out that he
evident premeditation, as there was cannot be found guilty because it was not he
considerable lapse of time before he decided who found the watch and, moreover, the
to commit the crime and the actual watch turned out to be stolen property. Is P's
commission of the crime. In addition, Harry SUGGESTED ANSWER:
defense valid? [5%]
employed means which weakened the No, P's defense is not valid. In a charge for
defense of Jason, Manuel and Dave. Harry theft, it is enough that the personal property
gave them the liquor to drink until they were subject thereof belongs to another and not to
drunk and fell asleep. This gave Harry the the offender (P). It is irrelevant whether the
opportunity to carry out his plan of murder person deprived of the possession of the
with impunity. watch has or has no right to the watch. Theft
is
Criminal Law Bar Examination Q & A (1994-2006) 73 of 86
committed by one who, with intent to gain, A vehicular accident occurred on the national
appropriates property of another without the highway in Bulacan. Among the first to arrive
consent of its owner. And the crime is at the scene of the accident was A, who
committed even when the offender receives found one of the victims already dead and
property of another but acquires only the others unconscious. Before rescuers
physical possession to hold the same. could come, A, taking advantage of the
Theft helpless condition of the victims, took their
(2001)
Francis Garcia, a Jollibee waiter, found a gold wallets and jewelry. However, the police,
bracelet in front of his working place in who responded to the report of the accident,
Makati and, upon inspecting it, saw the name SUGGESTED ANSWER:
caught A. What crime or crimes did A
and address of the owner engraved on the A committed the crime of qualified theft
commit? Why? (5%)
inside. Remembering his parents' admonition because he took the wallets and jewelry of
that he should not take anything which does the victims with evident intent to gain and
not belong to him, he delivered the bracelet on the occasion of a vehicular accident
to PO1 Jesus Reyes of the Makati Quad wherein he took advantage of the helpless
precinct with the instruction to locate the condition of the victims. But only one crime
owner and return it to him. PO1 Reyes, of qualified theft was committed although
instead, sold the bracelet and there were more than one victim divested of
misappropriated the proceeds. Subsequent their valuables, because all the taking of the
events brought out the fact that the bracelet valuables were made on one and the same
Theft;
occasion, thusQualified
constituting a continued
was dropped by a snatcher who had grabbed Theft
1. Forest(2006)
Ranger Jay Velasco was patrolling
it from the owner a block away from where crime.
the Balara Watershed and Reservoir when
Francis had found it and further investigation he noticed a big pile of cut logs outside the
traced the last possessor as PO1 Reyes. gate of the watershed. Curious, he scouted
Charged
SUGGESTED with theft, PO1 Reyes reasoned out
ANSWER: around and after a few minutes, he saw
that he had not
Charged with theft, committed
PO1 Reyesany is
crime
criminally Rene and Dante coming out of the gate with
because
liable. His contention that he has not the
it was not he who had found some more newly-cut logs. He apprehended
bracelet
committed and, anymoreover, it turned
crime because he out
wasto have
not and charged them with the proper offense.
been stolen. Resolve the case with reasons.
the one who found the bracelet and it turned SUGGESTED ANSWER:
What is that offense? Explain.
(10%)
out to be stolen also, is devoid of merit. It is The offense is Qualified Theft under Sec. 68
enough that the bracelet belonged to of P.D. 705, amending P.D. No. 330, which
another and the failure to restore the same penalizes any person who directly or
to its owner is characterized by intent to indirectly cuts, gathers, removes, or
The
gain.act of PO1 Reyes of selling the bracelet smuggles timber, or other forest products
which does not belong to him and which he from any of the public forest. The Balara
only held to be delivered to its owner, is Watershed is protected by the cited laws.
furtive misappropriation with intent to gain. 2. During the preliminary investigation and
up to the trial proper, Rene and Dante
Where a finder of lost or mislaid property contended that if they were to be held liable,
entrusts it to another for delivery to the their liability should be limited only to the
owner, the person to whom such property is newly-cut logs found in their possession but
entrusted and who accepts the same, not to those found outside the gate. If you
SUGGESTED
were the ANSWER:
judge, what will be your ruling?
assumes the relation of the finder to the
The
(2.5%)contention is untenable, the presence of
owner as if he was the actual finder: if he
the newly cut logs outside the gate is
would misappropriate it, he is guilty of theft
Theft; Qualified circumstantial evidence, which, if unrebutted,
(People vs. Avila, 44 Phil. 720).
Theft
A (2002)
fire broke out in a department store, A, establishes that they are the offenders who
taking advantage of the confusion, entered gathered the same.
Theft; Stages of
the store and carried away goods which he
Execution
In (1998)
the jewelry section of a big department
later sold. What crime, if any, did he commit?
SUGGESTED store, Julia snatched a couple of bracelets
Why? (2%)ANSWER:
A committed the crime of qualified theft and put these in her purse. At the store's
because he took the goods on the occasion exit, however, she was arrested by the guard
of and taking advantage of the fire which after being radioed by the store personnel
broke out in the department store. The who caught the act in the store's moving
SUGGESTED
camera. ANSWER:
Is the crime consummated,
occasion of a calamity such as fire, when the
The crime is
frustrated, orconsummated
attempted? [5%]theft because the
theft was committed, qualifies the crime
taking of the bracelets was complete after
under Article 310 of the Revised Penal Code,
Theft; Qualified Julia succeeded in putting them in her purse.
as amended.
Theft (2002) Julia acquired complete control of the
bracelets after putting them in her purse;
Criminal Law Bar Examination Q & A (1994-2006) 74 of 86
hence, the taking with intent to gain is felony, unless the intimidation resulted in a
complete and thus the crime is more serious felony.
consummated.
Theft; Stages of 2} The crime would still be usurpation of real
Execution
Sunshine, a (2000)
beauteous "colegiala" but a rights under Art. 312, RPC, even if the said
shoplifter, went to the Ever Department Store offenders killed the caretaker because the
and proceeded to the women's wear section. killing is the Violence against persons" which
The saleslady was of the impression that she is the means for committing the crime and as
brought to the fitting room three (3) pieces of such, determinative only. However, this gives
swimsuits of different colors. When she came way to the proviso that the penalty provided
out of the fitting room, she returned only two for therein is "in addition to the penalty
(2] pieces to the clothes rack. The saleslady incurred in the acts of violence (murder or
became suspicious and alerted the store homicide] executed by them. The crime is
(People vs. Judge Alfeche, plus the fine
detective. Sunshine was stopped by the similar to a robbery where a killing is
mentioned therein.
detective before she could leave the store committed by reason thereof, giving rise only
and brought to the office of the store to oneCrimes
indivisibleAgainst
offense Chastity
manager. The detective and the manager
searched her and found her wearing the third Acts of Lasciviousness vs. Unjust
SUGGESTED ANSWER:
swimsuit under her blouse and pants. the
Was Vexation
When (1994)
is embracing, kissing and touching a
The theft was consummated because
the theft of the swimsuit consummated, girl's breast considered only unjust vexation
taking or asportation was complete. The
frustrated instead of acts of lasciviousness?
asportationorisattempted? Explain.
complete when the (5%)
offender SUGGESTED ANSWER:
acquired exclusive control of the personal The acts of embracing, kissing of a woman
property being taken: in this case, when