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REMEDIAL LAW 1

2018 BAR EXAMINATIONS


CRIMINAL LAW

November 18, 2018 2:00 P.M. – 6: 00 P.M.


INSTRUCTIONS
1. This Questionnaire contains eight (8) pages. Check and make sure
that your Questionnaire has the correct number of pages. You may
write on your Questionnaire as you answer the questions.

Read each question very carefully and write your answers in your Bar
Examination Notebook in the same order of the questions. Answer the
essay questions legibly, clearly, and concisely. Write your answers
only on the front of every page of your Notebook. If the front pages are
not sufficient, continue at the back of the first page and so on. Start
every number on a separate page, but an answer to a sub-question
under the same number may be written continuously on the same page
and on the immediately succeeding pages until the answer is complete.
Follow the numbering sequence of the Questionnaire in your answer.

2. Your answers should demonstrate your ability to analyze the facts,


apply the pertinent laws and jurisprudence, and arrive at sound and
logical conclusions. Answers must fully explain even if the questions
do not expressly require explanations. A “Yes” or “No” answer sans
explanation or discussion will not be given full credit.

3. Marking of your Notebook with your name or other identifying signs


or symbols extraneous to the subject matter of the questions may be
considered as cheating and may disqualify you.

Good luck!

YOU CAN BRING HOME THE QUESTIONNAIRE

JUSTICE MARIANO C. DEL CASTILLO


Chairman
2018 Bar Examinations

CAVEAT : FOR MOCK BAR PURPOSES ONLY. THIS IS NOT THE ACTUAL 2018 BAR EXAMS. NOT
INTENDED TO PREEMPT THE 2018 BAR EXAMS. Prepared by: Atty. Virgo M. Gulan
REMEDIAL LAW 2

I.

(a) Good faith and lack of criminal intent are generally valid
defenses for criminal offenses punishable under the Revised
Penal Code. State the exceptions, if any. (3%)

(b) When is criminal liability incurred? (3%)

(c) Briefly discuss praeter intentionem and its effect on


criminal liability of an accused. (3%)

II.

Ana was a campus beauty queen who, because of her looks


and charms, attracted many suitors. Having decided that she
would become a nun, Ana turned down all her suitors. Benjie, one
of her persistent suitors, could not handle rejection and one night,
decided to accost Ana as she walked home. Together with Caloy,
Benjie forced Ana into his car and drove her to an abandoned
warehouse where he and Caloy forced Ana to dance for them.
Later, the two took turns in raping her. After satisfying their lusts,
Benjie and Caloy dropped her off at her house.

(a) What crime or crimes did Benjie and Caloy commit? (5%)

(b) During the trial, Caloy successfully proved that he is


suffering from erectile dysfuntion, a condition in which he
cannot achieve an erection during sexual performance. He
contends that he must either be (a) absolved from the crime
of rape or (b) alternatively charged with an impossible crime
of rape. Rule on the contentions of Caloy. (5%)

CAVEAT : FOR MOCK BAR PURPOSES ONLY. THIS IS NOT THE ACTUAL 2018 BAR EXAMS. NOT
INTENDED TO PREEMPT THE 2018 BAR EXAMS. Prepared by: Atty. Virgo M. Gulan
REMEDIAL LAW 3

III.

On September 27, 2010, SPO3 Adam received a report from a


civilian informant (CI) that a certain person, Dante, was selling
shabu at Brgy 1, Opol, Misamis Oriental. SPO3 Adam relayed the
information to his superior, PI Bravo who immediately instructed
him to conduct surveillance.

At about 1 o’clock in the afternoon of the following day, PI


Bravo, in coordination with the PDEA, formed abuy-bust team,
composed of SPO3 Adam, PO3 Carlo, and the CI. They prepared
one 500-peso bill dusted with ultraviolet fluorescent powder as
buy-bust money.

When the team arrived at the target area, SPO3 Adam gave
the buy-bust money to the CI and instructed him to give a signal
should the transaction be positive. Upon reaching the destination,
the CI waved at a certain person who was later known to be Dante,
then, the two had a conversation outside the house. Later, Dante
went inside the house, came out again and delivered a transparent
plastic sachet containing a white crystalline substance to the CI in
exchange of the buy-bust money. The CI then gave the pre-
arranged signal. SPO3 Adam and PO3 Carlo then came out of the
vehicle and arrested Dante. The CI handed the plastic sachet to
SPO3 Adam while PO1 Carlo frisked Dante and found another
plastic sachet in his pocket.

At the police station, SPO3 Adam marked the sachet received


from the CI as ABC and the sachet received from PO3 Carlo as
DEF. Then, SPO3 Adam requested for the laboratory examination
of the seized items and personally delivered the same to the PNP
Crime Laboratory. An examination conducted by the forensic
chemist tested the seized items positive for methamphetamine
hydrochloride or shabu.

(a) Briefly discuss the chain of custody rule in drug cases.


(6%)

CAVEAT : FOR MOCK BAR PURPOSES ONLY. THIS IS NOT THE ACTUAL 2018 BAR EXAMS. NOT
INTENDED TO PREEMPT THE 2018 BAR EXAMS. Prepared by: Atty. Virgo M. Gulan
REMEDIAL LAW 4

(b) In relation to buy-bust operations, who are considered to


be insulating witnesses? (4%)

(c) Charged with Section 5 of Article II of RA No. 9165, Dante


contends during the trial that there is a failure of the
apprehending team to comply with the procedural
safeguards laid down in Section 21, Article II of RA 9165. Rule
on the contention of Dante. (8%)

IV

(a) What is alevosia? (3%)

(b) Edgardo was sentenced to prision mayor and to pay a fine


of P100,000.00, with subsidiary imprisonment in case of
insolvency. Is the sentence correct? (3%)

(c) Is the crime of theft committed by a person who, with


intent to gain, takes a worthless check belonging to another
without the latter’s consent? (3%)

Hector and Ryan are Administrative Officer and Property


Inspector, respectively, of the Department of Education, Region V,
Naga City, with salary grades below 27. While in the performance
of their official duties, and taking advantage of their official
position, they falsified an undated Inspection Report affixing their
signatures thereto, making it appear that various furniture
purchased from, and delivered by ABC International Wood
Products (ABC) in the total amount of P1,033,450.00, have all been
delivered and duly inspected, thereby justifying the release of
payment to ABC when no such delivery was made and inspected.

CAVEAT : FOR MOCK BAR PURPOSES ONLY. THIS IS NOT THE ACTUAL 2018 BAR EXAMS. NOT
INTENDED TO PREEMPT THE 2018 BAR EXAMS. Prepared by: Atty. Virgo M. Gulan
REMEDIAL LAW 5

(a) The prosecutor charged Hector and Ryan before RTC-


Naga City of the crime of Falsification of Public Document
under Article 171 of the Revised Penal Code. Is the charge
correct? (4%)

(b) Subsequently, the Ombudsman filed a case against


Hector and Ryan before the Sandiganbayan for violation of
Sec 3(e) of RA No. 3019. Is the charge correct? (4%)

(c) Trial ensued in RTC-Naga City. Eventually, RTC-Naga City


issued a resolution acquitting the accused. On the basis of
such acquittal, the accused then filed a motion to dismiss
before the Sandiganbayan invoking the double jeopardy rule.
Discuss briefly whether or not the motion of the accused is
meritorious. (4%)

VI

On June 20, 2017, Efren bought a used top-of-the-line


Mercedes Benz for P7.5 Million from Switik Trading. On the same
day, he paid P2,500,000 in cash and issued Switik Trading a check
for P5,000,000 dated July 20, 2017. He then brought the car to the
house of his friend, Elmer whom he asked to hide it in an
underground garage for safekeeping. The check Efren issued was
dishonored for insufficiency of funds when presented for payment
on due date. Efren was asked to honor and pay the check or to
return the car, but he refused.

(a) What crime/s did Efren commit? (5%)

(b) Unknown to Efren, when the said car is hidden in the garage of
Elmer, the said car was sold by Elmer to Eddie in the amount of
P5,000,000. Is Elmer liable for the crime of theft? (4%)

CAVEAT : FOR MOCK BAR PURPOSES ONLY. THIS IS NOT THE ACTUAL 2018 BAR EXAMS. NOT
INTENDED TO PREEMPT THE 2018 BAR EXAMS. Prepared by: Atty. Virgo M. Gulan
REMEDIAL LAW 6

(c) Briefly describe material possession and juridical possession


in relation to the crime of theft and estafa. (4%)

VII

Andres was convicted of frustrated homicide and was


sentenced to 6 years and 1 day as minimum, to 8 years of prision
mayor as maximum. Andres appealed his conviction to the Court
of Appeals, which convicted him of attempted homicide, and
sentenced him to 6 months of arresto mayor as minimum, to 4
years of prision correccional as maximum.

Instead of appealing his conviction, Andres filed an


application for probation with the Regional Trial Court.

(a) Give at least three (3) persons who are disqualified to avail
the benefits of the probation law. (3%)

(b) Is Andres qualified to avail of the benefits of the probation


law? (5%)

VIII

(a) When are felonies punishable? (2%)

(b) A foreigner residing in Japan counterfeits a fifty-peso bill


issued by the Philippine government. May the foreigner be
prosecuted before a competent court in the Philippines? (2%)

CAVEAT : FOR MOCK BAR PURPOSES ONLY. THIS IS NOT THE ACTUAL 2018 BAR EXAMS. NOT
INTENDED TO PREEMPT THE 2018 BAR EXAMS. Prepared by: Atty. Virgo M. Gulan
REMEDIAL LAW 7

(c) Suppose said foreigner in problem letter (b) makes a


thirty-peso bill which he claims to be issued by the Philippine
government when in fact there is none. Subsequently, these
thirty-peso bills passed as genuine money before a foreign
exchange in Japan. Eventually, said foreign exchange
learned that the thirty-peso bills were counterfeits. May the
foreigner be prosecuted before a competent court in the
Philippines? (2%)

(d) What is privileged mitigating circumstance? (2%)

(e)Friedrich is a German diplomat stationed in the


Philippines. While on EDSA and driving with an expired
license, he hit a pedestrian who was crossing illegally. The
pedestrian died. Friedrich was charged with reckless
imprudence resulting in homicide. In his defense, he claimed
diplomatic immunity. Is Friedrich correct? (2%)

IX

Felimon has a long-standing grudge against Jack, his


kumpadre for openly mocking him in front of their other friends, in
a drinking session two months ago that he is not a real man for he
cannot drink straightly one bottle of tuba, a locally-produced wine.
He cannot take this scene off his mind and so he decided to deal
with the matter the manly way. He sought the help of his two (2)
sons Gardo and Hannibal in order to just threaten Jack to give him
a lesson.

Felimon then went to the house of Jack to confront him. His


two sons positioned themselves outside the house of Jack. Jack
let Felimon enter the house of the former. Not long after, a
shouting match ensued then followed by Jack running outside his
house with Felimon tailing him from behind with a kitchen knife he
obtained from the house of Jack. Felimon eventually reached Jack
which he stabbed five times in the arm. Jack was shouting
“Tulong, tulong” , so Gardo and Hannibal joined Felimon. Gardo
stuffed used handkerchiefs to the mouth of Jack so that he cannot
CAVEAT : FOR MOCK BAR PURPOSES ONLY. THIS IS NOT THE ACTUAL 2018 BAR EXAMS. NOT
INTENDED TO PREEMPT THE 2018 BAR EXAMS. Prepared by: Atty. Virgo M. Gulan
REMEDIAL LAW 8

shout for help anymore. Meanwhile, Hannibal repeatedly punched


the face of Jack.

Seeing that Jack was already helpless, Felimon suddenly felt


pity to his kumpadre. He then said to her sons “Tama na, siguro
naman eh magtatanda na si kumpadre.” They then left the scene
and went home.

Ten minutes after, a roving tanod found Jack on the scene


almost dying. He immediately rushed Jack in a nearby hospital,
who miraculously survived the incident after 20 days of
confinement.

Sensing that an impending charge will be filed against them,


Felimon and his two sons went to the police station to voluntarily
surrender.

(a) What is the proper criminal charge(s) against Felimon and


his two sons? (5%)

(b) Identify the attendant circumstances in this case and


discuss how will these circumstances be properly
appreciated. (6%)

CAVEAT : FOR MOCK BAR PURPOSES ONLY. THIS IS NOT THE ACTUAL 2018 BAR EXAMS. NOT
INTENDED TO PREEMPT THE 2018 BAR EXAMS. Prepared by: Atty. Virgo M. Gulan