The Greenhorn Philosopher: 2014 Bar Exams: My Alternative Answers in Criminal Law

10/2/2019 2014 BAR EXAMS: MY ALTERNATIVE ANSWERS IN CRIMINAL LAW | The Greenhorn Philosopher
The Greenhorn Philosopher

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2014 BAR EXAMS: MY Posted by: Elmer Brabante | November 6, 2014 CATEGORIES
ALTERNATIVE ANSWERS Announcements (8)
IN CRIMINAL LAW ARGUMENTATION AND
DEBATE (1)
Arts and Culture (2)
Bar 2014 (4)
MY ALTERNATIVE ANSWERS TO THE 2014 BAR EXAMS IN Bar 2017 (5)
CRIMINAL LAW Bar 2018 (1)
Bar Exams 2012 (1)
I. Bar Exams 2015 (1)
Bar Exams 2016 (2)
Ms. A had been married to Mr. B for 10 years. Since their marriage, Mr. B had been Bar Matters (43)
jobless and a drunkard, preferring to stay with his “barkadas” until the wee hours of Bar Trivia (8)
the morning. Ms. A was the breadwinner and attended to the needs of their three (3) Bar Questions (52)
growing children. Many times, when Mr. B was drunk, he would beat Ms. A and their Bar Exams 2005 (8)
three (3) children, and shout invectives against them. In fact, in one of the beating Bar Exams 2006 (8)
incidents, Ms. A suffered a deep stab wound on her tummy that required a prolonged Bar Exams 2007 (8)
stay in the hospital. Due to the beatings and verbal abuses committed against her, she Bar Exams 2008 (8)
consulted a psychologist several times, as she was slowly beginning to lose her mind. Bar Exams 2009 (10)
One night, when Mr. B arrived dead drunk, he suddenly stabbed Ms. A several times Bar Exams 2010 (10)
while shouting invectives against her. Defending herself from the attack, Ms. A Books (2)
grappled for the possession of a knife and she succeeded. She then stabbed Mr. B Cases (39)
several times which caused his instantaneous death. Medico-Legal Report showed that Causes (1)
the husband suffered three (3) stab wounds. Can Ms. A validly put up a defense? Civil Law (34)
Explain. (5%) Persons & Family
Relations (23)
Yes, Ms. A can validly put up the defense of battered woman syndrome. Torts & Damages (4)
Commentary (10)
Under RA 9262, the battered woman syndrome can be invoked as a defense by a Criminal Law (24)
woman who killed her husband or a man with whom she had a dating relationship after Elections 2010 (3)
having been a victim of a series of physical or psychological violence inflicted against Environmental Laws (19)
her or her child by the man. Images (3)
International Law (10)
Laborto
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree and Social
their Legislation
use.
Here, Ms. A was a victim of a series of physical and psychological violence by her
(16)
To find out more, including how to control cookies, see here: Cookie Policy
husband Mr. B. Hence, Ms. A can validly put up the defense of battered woman
Social Legislation (6)
syndrome.
Law Firms (6)
Law Schools (10)
Law Close
Studiesand
(4) accept
Laws and Issuances (62)
https://mclaw08.wordpress.com/2014/11/06/2014-bar-exams-my-alternative-answers-in-criminal-law/ 1/16
II. Legal Dictionary (7)
Phrases (3)
Macho married Ganda, a transgender. Macho was not then aware that Ganda was a Legal Ethics (12)
transgender. On their first night, after their marriage, Macho discovered that Ganda Legal Forms (6)
was a transgender. Macho confronted Ganda and a heated argument ensued. In the Legal Philosophy (4)
course of the heated argument, a fight took place wherein Ganda got hold of a knife to Memorabilia (1)
stab Macho. Macho ran away from the stabbing thrusts and got his gun which he Mercantile Law (23)
pointed at Ganda just to frighten and stop Ganda from continuing with the attack. Transportation Laws (8)
Macho had no intention at all to kill Ganda. Unfamiliar with guns, Macho accidentally Opportunities (15)
pulled the trigger and hit Ganda that caused the latter’s death. What was the crime Political & Constitutional Law
committed? (4%) (19)
Administrative Law (6)
Profiles (3)
Macho had committed the crime of Homicide, mitigated by no intent to commit so
Quiz (13)
grave a wrong.
Remedial Law (40)
Bar Exms 2011 (9)
Under the Revised Penal Code (RPC), Homicide is committed when, without the
Civil Procedure (4)
qualifying circumstances for Murder, a person inflicts a mortal wound upon another and
Criminal Procedure (1)
the latter dies, the intent to kill being presumed. This is because under the RPC, he is
Evidence (1)
liable for the resulting felony although it be different from that which he intended.
Special Proceedings (1)
However, the accused is entitled to the mitigating circumstance of no intent to commit
Review Centers (4)
so grave a wrong.
Reviewers (33)
Speeches (3)
Here, Macho caused the death of Ganda although he did not intend to kill the latter. Taxation (10)
Hence, Macho is criminally liable for Homicide mitigated by no intent to commit so Uncategorized (11)
grave a wrong.
RECENT POSTS
LEB RESOLUTION 2019-406
III. 2018 Reviewer in
Remedial Law
City Engr. A, is the city engineer and the Chairman of the Bids and Awards Committee 2017 BAR EXAMS
(BAC) of the City of Kawawa. In 2009, the City of Kawawa, through an ordinance, QUESTIONS IN
allotted the amount of P100 million for the construction of a road leading to the MERCANTILE LAW
poblacion. City Engr. A instead, diverted the construction of the road leading to his 2017 BAR EXAMS
farm. Investigation further showed that he accepted money in the amount of P10 QUESTIONS IN CIVIL LAW
million each from three (3) contending bidders, who eventually lost in the bidding. 2017 BAR EXAMS
QUESTIONS IN
Audit report likewise showed that service vehicles valued at P2 million could not be TAXATION LAW
accounted for although reports showed that these were lent to City Engr. A’s authorized 2017 Bar Exams Questions
drivers but the same were never returned. Further, there were funds under City Engr. in Labor Law
A’s custody amounting to P10 million which were found to be missing and could not be 2017 Bar Exams Questions
accounted for. In another project, he was instrumental in awarding a contract for the in Political and
construction of a city school building costing P10 million to a close relative, although International Law
the lowest bid was P8 million. Investigation also revealed that City Engr. A has a net THE ATENEAN FACING
worth of more than P50 million, which was way beyond his legitimate income. (8%) MARTIAL LAW
THE ATENEAN FACING
MARTIAL LAW
(A) If you are the Ombudsman, what charge or charges will you file against City Engr.
FYI to Vicente Sotto: 1998
A?
Bar Exams topnotcher was
“na-ano lang”
I will charge City Engr. A with Plunder. Note to 40.94% who did not
pass the Bar
Under the Anti-Plunder Law, any person who acquires ill-gotten wealth through a LagLag sa Bar (LLB)
combination or series of overt acts of receiving directly or indirectly kickbacks or any RESULTS OF THE 2016
other form of pecuniary benefit from any person or entity in connection with any BAR EXAMS
government contract or project or by reason of the position of the public officer, in the REVISED REMEDIAL LAW
aggregate amount of P50 million pesos shall be guilty of the crime of Plunder. REVIEWER 2016
List ofto
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree 2015
theirBaruse.
Here, City Engr. A isTo a find
public
outofficer
more, who has acquired
including how toan aggregate
control amount
cookies, see of Exams Passers
P50Cookie Policy
here:
million pesos which is deemed to be ill-gotten wealth. Hence, City Engr. A should be A Brief Review on the
charged with the crime of Plunder before the Office of the Ombudsman. Theories of Punishment
Iskolar’s Choice: Preferred
(B) Suppose the discovered net worth of City Engr. A is less than P50 million, will your Close
National and Leaders
Political accept by
answer still be the same? PUP Students
No, the answer will not be the same. City Engr. A will be charged with Malversation Questionnaire for
and violation of RA 3019 (Graft and Corruption). the Research
Reference Materials in
Under the Revised Penal Code, Malversation is committed when a public officer, by Argumentation and Debate
reason of the duties of his office, appropriates, misappropriates, or takes public funds 2014 BAR EXAMS: MY
of not more than P12,000. In addition to such crime, the public officer shall be ALTERNATIVE ANSWERS IN
criminally liable under RA 3019 for unexplained wealth manifestly out of proportion to CRIMINAL LAW
his salary and other lawful income. 2014 BAR EXAMS: Questions
and Alternative Answers in
Remedial Law
Here, City Engr. A is a public officer who appropriated or took public funds of more
Rules for Curriculum of
than P12,000, as well as acquired unexplained wealth manifestly out of proportion to
Refresher Review Class &
his salary and other lawful income. Hence, City Engr. A should be charged with
List of
malversation and violation of RA 3019.
Accredited Schools.pdf
PRE-SOCRATIC
PHILOSOPHIES
GLOSSARY OF
IV. PHILOSOPHICAL CONCEPTS
TECHNIQUES IN
Madam X, a bank teller, received from depositor Madam Y a check payable to cash in ANSWERING BAR
the amount of P1 million, to be deposited to the account of Madam Y. Because the QUESTIONS BY ATTY.
check was not a crossed check, Madam X credited the amount to the account of her TATAD, JR.
good friend, Madam W, by accomplishing a deposit slip. Seven (7) days after, Madam X 2012 Bar Exams Results
contacted her good friend, Madam W and told her that the amount of P1 million was REMEDIAL LAW QUIZ #4
wrongfully credited to Madam W, thus, Madam X urged Madam W to withdraw the REMEDIAL LAW QUIZ #3
amount of P1 million from her account and to turn over the same to Madam X. As a REMEDIAL LAW QUIZ #2
dutiful friend, Madam W readily acceded. She was gifted by Madam X with an REMEDIAL LAW QUIZ #1
expensive Hermes bag after the withdrawal of the amount. What crime/s, if any, did CIVIL LAW QUIZ #2
Madam X and Madam W commit? Explain. (5%) CIVIL LAW QUIZ #1
Bar Topnotchers 2010-2020
Madam X did commit the crime of Estafa, while Madam W did not commit any crime. CRIMINAL LAW
REVIEWER (PDF)
Consolidated Reviewer in
Under the Revised Penal Code, any person who defrauds another by misappropriating
Remedial Law (PDF)
or converting money received in trust is guilty of the crime of Estafa. On the other
Reviewer in
hand, Fencing is committed by any person who, with intent to gain, buys, sells,
Criminal Procedure
receives of possesses any item which he knows or should have known to have been
2011 Remedial Law
derived from robbery or theft.
Reviewer
(Special Proceedings)
Here, Madam X defrauded Madam Y when Madam X misappropriated or converted the
2011 Remedial Law
money she received in trust from Madam Y. Hence, Madam X did commit the crime of
Reviewer (Special
Estafa. On the other hand, Madam W did not commit the crime of Fencing since neither
Civil Actions)
did she have the intent to gain nor was the bag derived from robbery or theft.
Reviewer on the Rules of
Procedure for
Environmental Cases
2011 Remedial Law
V. Reviewer (Rule 39 to
Provisional Remedies)
Congress passed a law reviving the Anti-Subversion Law, making it a criminal offense
again for a person to join the Communist Party of the Philippines. Reporma, a former
SEARCH
high-ranking member of the Communist Party, was charged under the new law for his
membership in the Communist Party when he was a student in the 80’s. He now
challenges the charge against him. What objections may he raise? (3%)
Search
Reporma may raise the objection of violation of the doctrine of irretrospectivity of penal
laws.
ARCHIVES
Well-settled is the doctrine of irretrospectivity in Criminal Law which states that no
feloniousPrivacy & Cookies:
act shall This site
be punished by uses
any cookies.
penalty By continuing
prescribed by to usewhen
law this website,
it was you Select
agreeMonth
to their use.
committed prior to its To find out more,
enactment. Article including how to control
21 of the Revised cookies,
Penal Code see that
provides here:
noCookie Policy
felony shall be punishable by any penalty not prescribed by law prior to its commission. November 2014
M T W T F S S
Here, the felonious act imputed was committed prior to the revival of the Anti- 1 2
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Subversion Law. Hence, Reporma can object to the charge on the ground of
irretrospectivity of penal laws. « Oct Feb »
VI. M T W T F S S
3 4 5 6 7 8 9
A was caught peeping through a small hole in the bathroom door while a young 16- 10 11 12 13 14 15 16
year-old lady was taking a bath. A is liable for: (1%)
17 18 19 20 21 22 23
24 25 26 27 28 29 30
(A) Violation of R.A. 9262 or Violence Against Women and their Children
« Oct Feb »
(B) Violation of R.A. 7610 – Child Abuse Law
(C) Light coercion

COUNTDOWN TO THE 2016
BAR EXAMS
(D) Acts of lasciviousness
A
2016 Bar Exams
November 6th, 2016
Conquer the Bar!

VII.
Filthy, a very rich businessman, convinced Loko, a clerk of court, to issue an order of
release for Takas, Filthy’s cousin, who was in jail for a drug charge. After receiving
BLOG STATS
P500,000.00, Loko forged the signature of the judge on the order of release and
accompanied Filthy to the detention center. At the jail, Loko gave the guard P10,000.00 1,346,558 hits
to open the gate and let Takas out.
What crime or crimes did Filthy, Loko, and the guard commit? (4%) LIKE ME AT FACEBOOK
Filthy, Loko, and the guard did commit the crimes of Corruption of Public Official,
Direct Bribery and Falsification, and Delivering Prisoner from Jail, respectively. Like me at Facebook
Under the Revised Penal Code, Corruption of Public Officials (Art. 212) is committed by
BLOGRATES
any person who offers or gives gift to a public officer in consideration of the
performance by the latter of an act constituting the crime of Direct or Indirect Bribery.
Direct Bribery (Art. 210) is committed by a public officer by agreeing to perform an act Pinoy Topsites
constituting a crime in consideration of an offer, promise, or gift. On the other hand,
Falsification (Art. 171) is committed by a public officer who, taking advantage of his Kreta
position, falsifies a document by imitating a signature of another. Finally, Delivering
Prisoners from Jail (Art. 156) is committed by any person who shall facilitate or help Search Engine Optimization
the escape of a prisoner from jail by means of bribery.
Here, Filthy gave money to Loko, a public officer, who in return agreed to perform an
act constituting a crime. Loko did perform the agreed act, and as means thereto
falsified a document by imitating a signature. The guard took a bribery in exchange of
helping or facilitating the escape of a prisoner from jail.
Hence, Filthy committed the crime of Corruption of Public Official; Loko committed
Direct Bribery and Falsification, while the guard committed the crime of Delivering a
Prisoner from Jail.
VIII.
Pretty was a campus beauty queen who, because of her looks and charms, attracted
many suitors. Having decided that she would become a nun, Pretty turned down all her
Privacy one
suitors. Guapo, & Cookies: This persistent
of her most site uses cookies. By continuing
suitors, could not handletorejection
use thisand
website,
one you agree to their use.
night, decided to accost
To Pretty as more,
find out she walked home.
including howTogether withcookies,
to control Pogi, Guapo forcedCookie Policy
see here:
Pretty into his car and drove her to an abandoned warehouse where he and Pogi forced
Pretty to dance for them. Later, the two took turns in raping her. After satisfying their
lusts, Guapo and Pogi dropped her off at her house. (4%)
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(A) What crime or crimes did Guapo and Pogi commit?
Guapo and Pogi committed Forcible Abduction with Rape, and Unjust Vexation. and SEO Tools
Under the Revised Penal Code, the complex crime of Forcible Abduction with Rape is
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committed when a man, with lewd design, deprives a woman of her liberty and
blog?
eventually has carnal knowledge with her through force or intimidation. On the other
hand, Unjust Vexation is any act committed without violence but which unjustifiably
annoys or vexes another person. Marvelously
awesome!
Here, Guapo and Pogi, with lewd designs, deprived Pretty of her liberty, forced her to
dance, and eventually had carnal knowledge with her without her consent. Hence, Moderately
Guapo and Pogi committed the complex crime of Forcible Abduction with Rape, as well awesome!
as Unjust Vexation.
Sorely aweful!
(B) Pretty, after the ordeal, decided to take her own life by hanging herself one hour
Other:
after the rape. Would Guapo and Pogi be liable for Pretty’s death? Explain.
Yes, Guapo and Pogi would be liable for Pretty’s death.
Settled is the doctrine in Criminal Law that he whose felonious act is the proximate
cause of the death of another person is criminally liable, such as when a man who
causes upon another’s mind a great anguish and embarrassment is responsible for the
direct, natural and logical consequence of such anguish and embarrassment. El que es
causa dela causa es causa del mal causado. View Results
Here, the suicide committed by Pretty would be the direct, natural, and logical Crowdsignal.com
consequence of the anguish and embarrassment proximately caused by the felonious
acts of Guapo and Pogi. Hence, Guapo and Pogi would be liable for Pretty’s death.
This work is licensed under a
Creative Commons
Attribution-NonCommercial-
NoDerivs 3.0 Unported
IX.
A, B, and C agreed to rob the house of Mr. D at 10 o’clock in the evening, with C as
the driver of the tricycle which they would use in going to and leaving the house of Mr.
D, and A and B as the ones who would enter the house to get the valuables of Mr. D.
As planned, C parked the tricycle in a dark place, while A and B entered the house thru
an open door. Once inside, A entered the master’s bedroom and started getting all the
valuables he could see, while B entered another room. While inside the room, B saw a
male person and immediately B brought out his gun but he accidentally pulled its
trigger. The bullet went through the window, hitting a neighbor that killed him.
Neighbors were then awakened by the gunfire and policemen were alerted. Not long
after, policemen arrived. A and B panicked and got hold of a young boy and shouted to
the policemen who were already outside of the house that they would harm the boy if
the policemen did not disperse. A and B demanded that they should be allowed to use
a vehicle to bring them to a certain place and that would be the time that they would
release the young boy. The policemen acceded. In the meantime, C was arrested by
the policemen while he was about to flee, while A and B, after releasing the young boy,
were arrested.
What crime/s did A, B, and C commit, and what modifying circumstances attended the
commission of the crime/s? (6%)
A, B, and C committed the special complex crime of Robbery with Homicide, as well as
Grave Theat.
Under the Revised Penal Code (Art. 294), the special complex crime of Robbery with
HomicidePrivacy & Cookies:
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intent to gain, thistake
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personal property belonging
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here: Cookie Policy
On the other hand, Grave Threat (Art. 282) is committed by any person who shall
threaten another with the infliction of any wrong amounting to a crime. Jurisprudence
states that whenever Homicide is committed as a consequence of a robbery, all those
who participated in the commission of robbery are also guilty as principals in the crime Close and accept
of robbery with homicide even if they only participated in the robbery as a lookout, License.
unless it appears that they sought to prevent the killing.
Which type of Bar

Here, A, B, and C had conspired to commit robbery, which A and b actually executed, exams is most
and as a consequence killed a neighbor and threatened to inflict harm upon a child, effective in testing the
while C served as a lookout but did not seek to prevent the killing. Hence, A, B, and C law graduates'
are liable for the special complex crime of Robbery with Homicide, and Grave Threat. aptitude?
Nighttime attended the commission of the crime as aggravating circumstance.
Purely essay type
X. Purely multiple-
choice type
Loko advertised on the internet that he was looking for commercial models for a TV
advertisement. Ganda, a 16-year-old beauty, applied for the project. Loko offered her a Combination of
contract, which Ganda signed. She was asked to report to an address which turned out multiple-choice
to be a high-end brothel. Ganda became one of its most featured attraction. What is and essay
Loko’s liability, if any? What effect would Ganda’s minority have on Loko’s liability?
(4%)
Combination of
essay, multiple-
Loko is liable for Qualified Trafficking of Person.
choice and oral
exams
Under RA 9208, Trafficking of Persons is committed by recruitment of persons through
fraud or deception for the purpose of prostitution or sexual exploitation. The crime is
qualified when the person recruited for sexual exploitation is a child. Other:
Here, Loko recruited Ganda, a child, through deception for the purpose of sexual
exploitation. Hence, Loko is criminally liable for Qualified Trafficking of Persons.
XI.
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A, in a public place, fired his gun at B with the intention of killing B, but the gun did Crowdsignal.com
not fire because the bullet is a dud. The crime is: (1%)
(A) attempted homicide
(B) grave threat
(C) impossible crime Follow this blog
(D) alarm and scandal
XII.
Sexy boarded a taxi on her way home from a party. Because she was already tipsy,
she fell asleep. Pogi, the taxi driver, decided to take advantage of the situation and
drove Sexy to a deserted place where he raped her for a period of two (2) weeks. What
crime did Pogi commit? (4%)
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
Pogi committed the special complex crime of Kidnapping and Illegal Serious Detention
with Rape. To find out more, including how to control cookies, see here: Cookie Policy
Under the Revised Penal Code (Art. 297), the special complex crime of Kidnapping and
Illegal Serious Detention with Rape is committed when a person carries away by force Close and accept
another person, deprives her of her liberty for more than three days, and in the FOLLOW BLOG VIA EMAIL
process have carnal knowledge with her against her will. Settled is the rule that a
special complex crime is committed when the law provides a single penalty for two or
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more component offenses, and there is only one special complex crime no matter how
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many rapes had been committed.
notifications of new posts by
email.
Hence, Pogi is criminally liable for Kidnapping and Serious Illegal Detention with Rape.
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XIII.
Puti detested Pula, his roommate, because Pula was courting Ganda, whom Puti Follow
fancied. One day, Puti decided to teach Pula a lesson and went to a veterinarian (Vet)
to ask for poison on the pretext that he was going to kill a sick pet, when actually Puti
was intending to poison Pula. The Vet instantly gave Puti a non-toxic solution which,
when mixed with Pula’s food, did not kill Pula. (4%) 2011 BAR Q&A
Civil Law
(A) What crime, if any, did Puti commit? Criminal Law
Labor Laws and Social
Puti committed an Impossible Crime. Legislation
Legal & Judicial Ethiccs
Under Article 4 of the Revised Penal Code, a person is liable for an Impossible Crime Legal Opinion
by performing an act which would be an offense against persons or property, were it Mercantile Law
not for the inherent impossibility of its accomplishment or on account of the Political and International
employment of inadequate or ineffectual means. Law
Remedial Law
Taxation
Here, Puti would have committed the crime of Murder, an offense against persons,
Trial Memorandum
when with intent to kill and evident premeditation he executed the act of poisoning
Pula had it not for the employment of ineffectual means. Hence, Puti is liable for
Impossible Crime. ADVOCACY GROUP
Alliance of Concerned
(B) Would your answer be the same if, as a result of the mixture, Pula got an upset
Teachers
stomach and had to be hospitalized for 10 days?
Ban Balikatan!
BAYAN
No, the answer would be different. Puti would be liable for the crime of Less Serious
CEGP
Physical Injuries.
Gabriela Women's Partylist
Kabataan Partylist
Under the Revised Penal Code (Art. 265), any person who inflicts upon another Karapatan Human Rights
physical injuries that require medical attendance for ten days shall be guilty of Less Organization
Serious Physical Injuries. National Union of People's
Lawyers
Hence, if due to the non-toxic solution Puti gave to Pula the latter got upset stomach
that required medical attendance for ten days, Puti would be liable for Less Serious
Physical Injuries. ART & LITERATURE
Balangibog
Bernadette delos Santos (1)
Bernadette delos Santos (2)
XIV. Blood Orange Review
Butch Dalisay
Malo, a clerk of court of a trial court, promised the accused in a drug case pending F Sionil Jose
before the court, that he would convince the judge to acquit him for a consideration of Gemma Bagayawa-Mendoza
P5 million. The accused agreed and delivered the money, through his lawyer, to the Jaime Jesus Borlagdan
clerk of court. Jason Chancoco
Kristian Cordero
Kulay-Diwa
The judge, not knowing of the deal, proceeded to rule on the evidence and convicted
Marne Kilates
the accused. (4%)
NVM Gonzales
(A) Malo was charged To with violation
find out more,ofincluding
Section 3(b),
how toRepublic
controlAct (R.A.) see
cookies, No. here:
3019,Cookie Policy
which prohibits a public officer from directly or indirectly requesting or receiving any BAR REVIEW CENTERS
gift, present, share percentage or benefit wherein the public officer, in his official
Albano Bar Review Center
capacity, has to intervene under the law. He was later charged also with indirect bribery
Arellano University
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under the Revised Penal Code. Malo claims he can no longer be charged under the
Ateneo de Manila University
Revised Penal Code for the same act under R.A. 3019. Is he correct?
No, Malo is not correct. Chan Robles Online Bar
Review
Settled is the doctrine in Criminal Law that when a single act produces two or more CPRS Review Center
offenses, one under the Revised Penal Code and the other under a special law, the Jurists Bar Review Center
offender shall be criminally liable for two separate crimes, unless one absorbs the Lex Review Center
other. San Beda Bar Review Center
San Sebastian Bar Review
The University of Manila
Here, Malo committed an act under RA 3019 by receiving gift or benefit from another
Review Center
person in consideration of the performance of an act constituting a crime, the same
University of Santo Tomas
felonious act being punished under the Revised Penal Code as Direct Bribery (Art. 210).
Hence, notwithstanding the charge under RA 3019, Malo can still be charged under the
Revised Penal Code for Direct Bribery. BLOGROLL
(B) Malo was charged with estafa under Article 315 because he misrepresented that AMS Daily
he had influence, when he actually had none. Is the charge correct? Atty. Alan Reiz Macaraig
Atty. Arnel Mateo
Atty. Florina Binalay
Yes, the charge of Estafa under Art. 315 of the Revised Penal Code (RPC) is correct.
Atty. Fred Pamaos
Atty. Grace Garcia
Estafa under Art. 315 of the RPC is committed by any person who defrauds another by Atty. Joan De Venecia
falsely pretending that he possesses power or influence. Atty. Oman
Atty. Punzi
Hence, the charge of Estafa under Art. 315 of the RPC is correct since Malo defrauded Atty. Ralph Sarmiento
the accused by falsely pretending that he possessed the power to influence the decision Atty. Rax
of the judge. Atty. Renato Bautista
Atty. Rinchel Aurellana
Batas Natin
Bicol Mail
XV. Chester Cabalza
Chiz Escudero
Chris Bonoan
Which of the following is not a privilege mitigating circumstance? (1%)
Citizen on Mars
Elmer at Random
(A) 17-year-old offender Ibon Info
Joseph Lardizabal
(B) 14-year-old offender JR Ramos Go
Kelvin Legal
(C) incomplete self-defense Koko Pimentel
Macky Ramirez
(D) incomplete defense of a relative Miriam Defensor Santiago
Nonsuited
Ohmar Cullang
D
Oliver
PH Bus Online Booking
Pinoy Law Student
Raymund Villanueva
XVI. Slideshare
Smoke
Mr. Benjie is the owner of a hardware store specializing in the sale of plumbing Spartacus Educational
materials. On February 1, 2014, Mr. Ed, a friend and regular customer of Mr. Benjie, Teddy Casiño (1)
visited the hardware store and purchased several plumbing materials in the total Teddy Casiño (2)
amount of P5 million. Mr. Benjie readily accepted Mr. Ed’s payment of three (3) The Atlantic
postdated checks in the amount of P1 million Pesos each in view of the assurance of The backpacker's memoir
Mr. Ed that the checks will be honored upon presentment for payment. Mr. Benjie, as a The Unlawyer
consequence, immediately delivered the materials to the house of Mr. Ed. The Warrior Lawyer
Wilson De Jesus
The following day, Mr. Ed went back to Mr. Benjie to tender another two (2) postdated WordPress.com
checks in the amount of P1 million each to complete the payment, with the same WordPress.org
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corresponding notices of dishonor were sent and received by Mr. Ed. One month after
BOOKSTORE
receipt of the notices of dishonor, Mr. Ed failed to make good the checks. Thereafter,
Mr. Benjie filed before the public prosecutor’s office a complaint against Mr. Ed, Central Publishing
although no demand letter was earlier sent to Mr. Ed. Close
National and accept
Bookstore
Rex Publishing
During the preliminary investigation, Mr. Benjie accepted several amounts from Mr. Ed
as partial payments. The wife of Mr. Benjie protested and insisted that the complaint GOVERNMENT
should continue despite the partial payments. On the other hand, Mr. Ed counters that
Bureau of Internal Revenue
no demand letter was earlier sent to him, that the obligation is merely civil in character
Civil Service Commission
and that novation took place when Mr. Benjie accepted the partial payments. Discuss
Commission on Audit
the criminal liability, if any, of Mr. Ed. (6%)
Commission on Higher
Education
Mr. Ed is criminally liable for Estafa under BP No. 22.
Commission on Human
Rights
Well-settled is the rule that Estafa under BP No. 22 is committed when the accused Court of Appeals
issues a check without sufficient funds and he fails to deposit the amount in the check Court of Tax Appeals
within five days after receipt of the notice of dishonor of the check by the bank. Department of Education
Moreover, novation is not among the modes of extinguishing criminal liability for Department of Energy
violation of BP No. 22. Department of Environment
& Natural Resources
Hence, the mere issuance by Mr. Ed of checks without sufficient funds his failure to Department of Foreign
deposit with the bank the amount in the checks within five days after receipt of the Affairs
notice of dishonor makes him criminally liable for Estafa under BP 22. Neither is Department of Justice
novation nor absence of demand letter a defense against criminal liability under BP 22 Department of Labor and
insofar as the notice of dishonor serves as demand for payment. Employment
Department of
Transportation &
Communications
House of Representatives
XVII.
Intellectual Property Office
Office of the Ombudsman
Pierce is a French diplomat stationed in the Philippines. While on EDSA and driving
Official Gazette
with an expired license, he hit a pedestrian who was crossing illegally. The pedestrian
Philippine Senate
died. Pierce was charged with reckless imprudence resulting in homicide. In his
Public Attorney's Office
defense, he claimed diplomatic immunity. Is Pierce correct? (3%)
Supreme Court
No, Pierce is not correct.

INTERNATIONAL LAW
It is a fundamental doctrine in Criminal Law, and applying the Vienna Convention on Abraham Lincoln University
Diplomatic Relations, that diplomatic immunity applies only to acts performed by Boston University
officials or their agents in connection with their official diplomatic functions. Cambridge University
Cornell University
Here, Pierce’s culpable act that constituted the crime of Reckless Imprudence Resulting Harvard School of Law
in Homicide had no connection to his official diplomatic functions. Hence, Pierce’s Illinois Institute of
defense of diplomatic immunity is not correct. Technology Chicago-Kent
International Court of Justice
XVIII. International Criminal Court
International Tribunal for the
Manolo, an avid art collector, was invited to Tonio’s house. There, Manolo noticed a Law of the Sea
nice painting that exactly looked like the painting which he reported was stolen from New York University
him some years back. Manolo confronted Tonio about the painting, but Tonio denied Stanford University
any knowledge, claiming that he bought the painting legitimately from a friend. Manolo Thomas Jefferson School of
later proved to Tonio that the painting was indeed the stolen painting. (4%) Law
United Nations
World Trade Organization
(A) What crime/s, if any, may Tonio be charged with?
Yale Law School
Tonio may be charged with Fencing.

LAW SCHOOLS &
Under RA 8049, Fencing is committed by any person who buys or acquires any article UNIVERSITIES
or anything of value which he knows or should be known to him to have been derived Adamson University
from the proceeds of theft. The mere possession of anything of value stolen is a prima Aquinas University of
facie evidence of fencing. Legazpi
Araullo University
Here, Tonio bought a painting which he should have known to have been derived from Arellano University Law
the proceeds of theft. Hence, Tonio may be charged with Fencing since his mere Ateneo de Davao University
possession of the painting is a prima facie evidence of the crime. Ateneo de Manila University
Ateneo de Manila
Close University
and accept
(B) Manolo decided to take matters into his own hands and, one night, broke into School of Law
Tonio’s house by destroying the wall and taking the painting. What, if any, would be the Bulacan State University
liability of Manolo? Cagayan State University
De La Salle University
Manolo would be liable for Robbery. Far Eastern University
Find Law Schools USA
Jose Rizal University
Under the Revised Penal Code (Art. 293), Robbery is committed when a person, with
Lyceum of the Philippines
intent to gain, takes any personal property belonging to another by means of force
Manila Law College
upon things.
Manuel Luis Quezon
University
Here, Tonio already owned the painting through sale, and Manolo with intent to gain
Manuel S Enverga University
would take the painting through force upon the wall. Hence, Manolo would be liable for
Foundation
Robbery.
Pamantasan ng Lungsod ng
Maynila
Polytechnic University of the
Philippines
XIX. San Beda College of Law
San Sebastian College of
Clepto went alone to a high-end busy shop and decided to take one of the smaller Law
purses without paying for it. Overcame by conscience, she decided to leave her own Silliman University
purse in place of the one she took. Her act was discovered and Clepto was charged The University of Manila
with theft. She claimed that there was University of Nueva Caceres
University of Perpetual Help
University of San Carlos
no theft, as the store suffered no injury or prejudice because she had left a purse in
University of San Jose
place of the one she took. Comment on her defense. (3%)
Recoletos
University of Santo Tomas
Clepto’s defense has no merit.
University of the Cordilleras
University of the East
Under the Revised Penal Code (Art. 308), Theft is committed when a person with University of the Philippines
intent to gain takes a personal property belonging to another without violence or College of Law
intimidation and without the consent of the owner. Jurisprudence holds that mere Xavier University
taking of the personal property consummates the crime of Theft, so that when taking is
complete the defense of desistance does not set in anymore.
LEGAL RESOURCES
Hence, regardless of the fact that Clepto replaced the purse she took with her own, Arellano University Law
Theft was already consummated, and desistance no longer sets in as a defense. Atty-at-work
Atty. Arnel Mateo
Atty. Ralph Sarmiento
Chan Robles Library
XX. Dean CL Villanueva
FCJ Art Panganiban
Which of the following is not a qualifying aggravating circumstance? (1%) Integrated Bar of the
Philippines
JLP Law
(A) treachery
Michael Ariens
National Union of People's
(B) evident premeditation Lawyers
Official Gazette
(C) dwelling PhilTaxation
Pinoy Lawyer
(D) cruelty Spartacus Educational
Supreme Court eLibrary
C The Bar Forum
The Legal Commune
MEDIA
XXI.
ABS-CBN 2
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their
Business use.
Mirror
During trial for theft To
in 2014, themore,
find out prosecution managed
including how totocontrol
show that accused
cookies, see AA hasCookie Policy
here: GMA 7
also been convicted by final judgment for robbery in 2003, but she eluded capture. A Manila Bulletin
subsequent verification showed that AA had several convictions, to wit: Newsweek Asia
Philippine Daily Inquirer
(1.) In 1998, she was convicted of estafa; CloseStar
Philippine and accept
Time
(2.) In 2002, she was convicted of theft; TV 5
(3.) In 2004, she was convicted of frustrated homicide;

VIDEOS
The judge trying the theft case in 2014 is about to convict AA. What circumstances Bar Exam Essay Training
affecting the liability or penalty may the judge appreciate against AA? (4%) Criminal Law 1
Criminal Law 2
The judge may appreciate the aggravating circumstance of a recidivist. Day in the Life of a Law
Student
Exam Advice for Law
Under the Revised Penal Code (Art. 14), a recidivist is one who, at the time of trial for
Students
a crime, he has been previously convicted by final judgment of another crime
Failed Bar Exams 13 times,
embraced in the same title of the Revised Penal Code where the current crime on trial
then passed
is found.
Legal Research Moot Court
(ADeMU)
Here, during the trial for Theft, AA had been previously convicted by final judgment for Most Common Law School
the crime of Robbery, both crimes being embraced in the same title of the Revised Exam Mistakes
Penal Code. Hence, the judge can only appreciate the aggravating circumstance of a Surviving Law School
recidivist. Tips and Strategies for First
Year Law Students
Torts
XXII.
NOTA BENE 1
Mr. Red was drinking with his buddies, Mr. White and Mr. Blue when he saw Mr. Green
THOUGHTLESS
with his former girlfriend, Ms. Yellow. Already drunk, Mr. Red declared in a loud voice
EXTRAVAGANCE IN EXPENSES
that if he could not have Ms. Yellow, no one can. He then proceeded to the men’s room
FOR PLEASURE OR DISPLAY
but told Mr. White and Mr. Blue to take care of Mr. Green. Mr. Blue and Mr. White
DURING A PERIOD OF ACUTE
asked Mr. Red what he meant but Mr. Red simply said, “You already know what I
PUBLIC WANT OR EMERGENCY
want,” and then left. Mr. Blue and Mr. White proceeded to kill Mr. Green and hurt Ms.
MAY BE STOPPED BY ORDER
Yellow. (4%)
OF THE COURTS AT THE
INSTANCE OF ANY
(A) What, if any, are the respective liabilities of Mr. Red, Mr. White and Mr. Blue for GOVERNMENT OR PRIVATE
the death of Mr. Green? CHARITABLE INSTITUTION. -
Article 25, Civil Code of the
Mr. White and Mr. Blueare criminally liable for Murder for killing Mr. Green. Philippines
Under the Revised Penal Code, any person who kills another shall be criminally liable
for Murder. Jurisprudence holds that for an accused to be liable as principal by NOTA BENE 2
inducement, the inducement must be expressed in clear unequivocal language, strong
enough as an irresistible force. xxx THE PRESIDENT SHALL
NOT BE ELIGIBLE FOR ANY
RE-ELECTION. NO PERSON
Hence, only Mr. White and Mr. Blue can be held criminally liable for Murder for killing
WHO HAS SUCCEEDED AS
Mr. Green, while Mr. Red cannot be held liable even as a principal by inducement since
PRESIDENT AND HAS SERVED
his statement cannot be considered as inducement insofar as it is not strong enough as
AS SUCH FOR MORE THAN
an irresistible force.
FOUR YEARS SHALL BE
QUALIFIED FOR ELECTION TO
(B) What, if any, are the respective liabilities of Mr. Red, Mr. Whit and Mr. Blue for the
THE SAME OFFICE AT ANY
injuries of Ms. Yellow?
TIME. xxx - Art. VII, Sec. 4,
1987 Philippine Constitution
Similarly, Mr. White and Mr. Blue are criminally liable for Serious, Less Serious, or
Slight Physical Injuries for the injuries they inflicted upon Ms. Yellow. On the other
hand, Mr. Red has no criminal liability. NOTA BENE 3
Under the Revised Penal Code, any person who shall wound, beat, or assault another Public office is a public trust.
that requires medical attention, or becomes ill or incapacitated is liable for Serious Public officers and employees
Physical Injuries if the medication, illness or incapacity is for more than 30 days, Less must at all times be
Serious Physical Injuries if the medication, illness or incapacity is for ten days or more, accountable to the people,
or for Slight Physical Injuries if the medication, illness or incapacity lasts for one to nine serve them with utmost
days. On the other hand, a person who has no participation in the planning of or in the responsibility, integrity,
actual beating or assault shall not have any criminal liability. loyalty, and efficiency, act with
patriotism and justice, and
Close and accept
Hence, only Mr. White and Mr. Blue shall be criminally liable for Serious, Less Serious, LEAD MODEST LIVES. - Art.
or slight Physical Injuries, depending on the gravity or duration of illness, incapacity or
medication caused upon Ms. Yellow, while Mr. Red cannot be held criminally liable. XI, Sec. 1, 1987 Philippine
Constitution
NOTA BENE 4
XXIII.
In C&M Timber Corporation v.
Carla, four (4) years old, was kidnapped by Enrique, the tricycle driver engaged by her Alavala, GR No. 111088
parents to drive her to and from school every day. Enrique wrote a ransom note 6/13/97, on the issue that the
demanding that Carla’s parents pay him P500,000.00 ransom in exchange for her "total log ban" is a new policy
liberty. However, before the ransom note could be received by Carla’s parents, which should be applied
Enrique’s hideout was discovered by the police. Carla was rescued while Enrique was prospectively and not affect
arrested. The prosecutor considered that the ransom note was never received by the rights of petitioner vested
Carla’s parents and filed a case of “Impossible crime to commit kidnapping” against under the Timber Licensing
Enrique. Is the prosecutor correct? If he is not correct, can he instead file a case of Agreement (TLA), the
grave coercion? (4%) Supreme Court declared that
this is not a new policy but a
No, the prosecution is not correct for both impossible nor grave coercion. mere reiteration of the policy
of conservation and protection
Jurisprudence applying the second paragraph of Article 4 of the Revised Penal Code has expressed in Sec. 16, Art. II of
held that, Impossible Crime would only be considered as a last resort if no crime the Constitution. In Oposa v.
against person or property or any other felony applies to the act committed. When Factoran, 224 SCRA 792, it
person deprives a child of his liberty, the crime committed is Kidnapping and Serious was held that the petitioners,
Illegal Detention qualified by minority. minors duly joined by their
respective parents, had a valid
Hence, Impossible Crime nor Grave Coercion shall not be considered insofar as the cause of action in questioning
correct crime committed was Kidnapping and Serious Illegal Detention qualified by the continued grant of TLA for
minority. commercial logging purposes,
because the cause focuses on
a fundamental legal right: the
right to a balanced and
healthful ecology.
XXIV.
A, a young boy aged sixteen (16) at the time of the commission of the crime, was RECENT COMMENTS
convicted when he was already seventeen (17) years of age for violation of Section 11
leo on TECHNIQUES IN
of R.A. 9165 or Illegal Possession of Dangerous Drugs for which the imposable penalty
ANSWERING BAR QU…
is life imprisonment and a fine. Section 98 of the same law provides that if the
Lema Gonzales on Bar
penalty imposed is life imprisonment to death on minor offenders, the penalty shall
Topnotchers, 1946-
be reclusion perpetua to death. Under R.A. 9344, a minor offender is entitled to a
1976
privilege mitigating circumstance. (8%)
Marvin Ortego on 2018
Reviewer in Remedial…
(A) May the privilege mitigating circumstance of minority be appreciated considering
that the penalty imposed by law is life imprisonment and fine? Arnold Dayrit on Bar
Topnotchers, 1946-
1976
Yes, the privilege of mitigating circumstance of minority may be appreciated.
cherry c lagota on
Expanded Senior
By express provision of Sec. 98 of RA 9165, notwithstanding any law, the provisions of
Citizens…
the Revised Penal Code shall not apply to the provisions of RA 9165, except in the case
LIST: Get to know th…
of minor offenders. Where the offender is a minor, the penalty for acts punishable by
on Bar Topnotchers
life imprisonment to death shall be reclusion perpetua. Under RA 9344, the privileged
from San Beda…
mitigating circumstance of minority shall be considered for the purpose of
recommending the amount of bail. Eugene Parcasio on
Reviewer on Public
Officers by…
Hence, the privileged mitigating circumstance of minority may be appreciated for the
purpose of recommending the amount of bail. janael aloc on RA 7079

(B) Is the Indeterminate Sentence Law applicable considering that life
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree BAR
to their
EXAMSuse.
imprisonment has no fixed duration and the Dangerous Drugs Law is malum
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Policy
prohibitum?
Marianne Audrey M. B…
on 2017 Bar Exams
Yes, the Indeterminate Sentence Law is applicable.
Questions in La…
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Settled is the rule that by virtue of Sec. 98 of RA 9165, where the offender is a minor,
Bar Exams Questions in
the penalty for acts punishable by life imprisonment to death shall be reclusion
perpetua to death, an indivisible penalty. The Indeterminate Sentence Law applies only La…
to divisible penalties of more than one (1) year of imprisonment. Considering the Marianne Audrey M. B…
privileged mitigating circumstance of minority, the penalty shall be one degree lower on 2017 Bar Exams
than reclusion perpetua, which shall be reclusion temporal, a divisible penalty. Questions in Po…
Renante on Law Degree
Thus, the Indeterminate Sentence Law is applicable because the penalty which has Equivalent to Maste…
been indivisible became a divisible penalty of more than one year after appreciating the Marianne Audrey M. B…
privilege mitigating circumstance of minority. on Note to 40.94% who
did not pas…
(C) If the penalty imposed is more than six (6) years and a notice of appeal was filed Cristito Justo De Pe…
by A and given due course by the court, may A still file an application for probation? on Bar Topnotchers,
1946-1976
No, A may not file an application for Probation.
By express provision of the Probation Law (PD 968), where the imposed penalty is TOP POSTS
imprisonment of more than six years, the convict shall not be entitled to probation. 2018 Reviewer in Remedial
Similarly, the Probation Law provides that appeal and probation are mutually exclusive, Law
so that once an appeal has filed, the privilege of probation is no longer available unless CRIMINAL LAW REVIEWER
the convict withdraws the appeal. (PDF)
2011 Remedial Law
Hence, A may not file an application for Probation insofar as the imposed penalty is Reviewer (Special Civil
imprisonment of more than six years. Actions)
REVISED REMEDIAL LAW
(D) If probation is not allowed by the court, how will A serve his sentence? REVIEWER 2016
Neypes vs. Court of Appeals
Remedial Law Reviewer:
Pursuant to RA 9344, the sentence for A shall be automatically suspended and the
Rules of Evidence
court shall determine the disposition measures under the Implementing Rules of 9344.
Baksh vs. Court of Appeals
XXV.
TOP CLICKS
Mr. Gray opened a savings account with Bank A with an initial deposit of P50,000.00.
mclaw08.files.wordpress.c…
A few days later, he deposited a check for P200,000.00 drawn from Bank B and
endorsed by Mr. White. Ten days later, Mr. Gray withdrew the P200,000.00 from his
sulit.com.ph/index.php/vi…
account. Mr. White later complained to Bank B when the amount of P200,000.00 was
later debited to his account, as he did not issue the check and his signature thereon
was forged. Mr. Gray subsequently deposited another check signed by Mr. White for
youtube.com/watch?
P200,000.00, which amount he later withdrew. Upon receiving the amount, Mr. Gray
v=n_B8_…
was arrested by agents of the National Bureau of Investigation (NBI).
youtube.com/watch?
v=_sTg_…
Mr. Gray was convicted of estafa and attempted estafa, both through the use of mclaw08.files.wordpress.c…
commercial documents. (4%)
(A) Mr. Gray claims as defense that, except for Mr. White’s claim of forgery, there was MYBLOGLOG FRIENDS
no evidence showing that he was the author of the forgery and Mr. White did not suffer
any injuries as to the second check (attempted estafa). Rule on the defense of Mr.
Recent Readers
Gray.
The defense is without merit.
Settled is the rule in Estafa cases that the disturbance of property right is equivalent
to damage and is in itself sufficient to constitute injury within the meaning of Art. 315 View Entire Community
of the Revised Penal Code. Provided by MyBlogLog
Here, Mr. White suffered injury when his signature was forged and his money parted
from him on account of the forgery that is attributable to the bearer of the check, Mr. META
Gray. Hence, Mr. Gray’s defense must fail.
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(B) Mr. Gray claims that he was entrapped illegally because there was no showing Entries RSS
that the second check was a forgery and, therefore, his withdrawal based on the Comments RSS
second check was a legal act. Is Mr. Gray correct? WordPress.com
Close and accept
XXVI.
TOP BLOGS
A was bitten by a dog owned by a neighbor. The following day, angered by the incident,
TOP RATED
A took the dog without the knowledge of the owner, had it butchered and cooked the
meat. He then invited his friends to partake of the dish with his friends who knew fully
well that the dog was taken without the knowledge of the owner. What are the friends
of A liable for? (1%) FLICKR PHOTOS
(A) Theft
(B) Malicious mischief
(C) Accessories
(D) Obstruction of Justice
—ooo0ooo—
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(C) Light coercion

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Yes, Guapo and Pogi would be liable for Pretty’s death.

Which type of Bar

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(A) attempted homicide

(B) grave threat

(C) impossible crime Follow this blog

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No, Pierce is not correct.

Tonio may be charged with Fencing.

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