FREQUENTLY ASKED BAR QUESTIONS FROM 2004-2008 ON CRIMINAL

LAW

2004 regarded as an evil inasmuch as it

Conspiracy; Avoidance of Greater is, in the eyes of the law, a lawful
Evil (2004) BB and CC, both armed act. What AA did was to stop a
with knives, attacked FT. The lawful defense, not greater evil, to
victim's son, ST, upon seeing the allow BB and CC achieve their
attack, drew his gun but was criminal objective of stabbing FT.
prevented from shooting the
attackers by AA, who grappled with Criminal Liability; Felonious Act;
him for possession of the gun. FT Proximate Cause (2004) On his way
died from knife wounds. AA, BB and home from office, ZZ rode in a
CC were charged with murder. In his jeepney. Subsequently, XX boarded
defense, AA invoked the justifying the same jeepney. Upon reaching a
circumstance of avoidance of greater secluded spot in QC, XX pulled out a
evil or injury, contending that by grenade from his bag and
preventing ST from shooting BB and announced a hold-up. He told ZZ to
CC, he merely avoided a greater surrender his watch, wallet and
evil. Will AA's defense prosper? cellphone. Fearing for his life, ZZ
Reason briefly. (5%) jumped out of the vehicle. But as he
SUGGESTED ANSWER: No, AA's fell, his head hit the pavement,
defense will not prosper because causing his instant death . Is XX
obviously there was a conspiracy liable for ZZ's death? Explain briefly.
among BB, CC and AA, such that (5%) SUGGESTED ANSWER: Yes,
the principle that when there is a XX is liable for ZZ's death because
conspiracy, the act of one is the act his acts of pulling out a grenade and
of all, shall govern. The act of ST, announcing a hold-up, coupled with
the victim's son, appears to be a a demand for the watch, wallet and
legitimate defense of relatives; cellphone of ZZ is felonious, and
hence, justified as a defense of his such felonious act was the proximate
father against the unlawful cause of ZZ's jumping out of the
aggression by BB and CC. ST's act jeepney, resulting in the latter's
to defend his father's life, cannot be death. Stated otherwise, the death of
ZZ was the direct, natural and logical of ineffectual means which OZ
consequence of XX's felonious act thought was poison. The law
which created an immediate sense imputes criminal liability to the
of danger in the mind of ZZ who tried offender although no crime resulted,
to avoid such danger by jumping out only to suppress his criminal
of the jeepney (People v. Arpa, 27 propensity because subjectively, he
SCRA 1037). Criminal Liability; is a criminal though objectively, no
Impossible Crime (2004) OZ and YO crime was committed.
were both courting their co-
employee, SUE. Because of their Motive vs. Intent (2004) Distinguish
bitter rivalry, OZ decided to get rid of clearly but briefly between intent and
YO by poisoning him. OZ poured a motive in the commission of an
substance into YO's coffee thinking it offense. SUGGESTED ANSWER:
was arsenic. It turned out that the Intent is the purpose for using a
substance was white sugar particular means to achieve the
substitute known as Equal. Nothing desired result; while motive is the
happened to YO after he drank the moving power which impels a person
coffee. What criminal liability did OZ to act for a definite result. Intent is an
incur, if any? Explain briefly. (5%) ingredient of dolo or malice and thus
SUGGESTED ANSWER: OZ an element of deliberate felonies;
incurred criminal liability for an while motive is not an element of a
impossible crime of murder. Criminal crime but only considered when the
liability shall be incurred by any identity of the offender is in doubt.
person performing an act which
would be an offense against persons Justifying vs. Exempting
or property, were it not for the Circumstances (2004) Distinguish
inherent impossibility of its clearly but briefly: Between justifying
accomplishment or on account of the and exempting circumstances in
employment of inadequate or criminal law. SUGGESTED
ineffectual means (Art. 4, par. 2, ANSWER: Justifying circumstance
RFC). In the problem given, the affects the act, not the actor; while
impossibility of accomplishing the exempting circumstance affects the
crime of murder, a crime against actor, not the act. In justifying
persons, was due to the employment circumstance, no criminal and,
generally, no civil liability is incurred; ANSWER: COMPOUND CRIMES
while in exempting circumstance, result when the offender committed
civil liability is generally incurred only a single felonious act from
although there is no criminal liability. which two or more crimes resulted.
This is provided for in modified form
Criminal Liability; Non-Exemption as in the first part of Article 48, Revised
Accessory (2004) DCB, the daughter Penal Code, limiting the resulting
of MCB, stole the earrings of XYZ, a crimes to only grave and/or less
stranger. MCB pawned the earrings grave felonies. Hence, light felonies
with TBI Pawnshop as a pledge for are excluded even though resulting
P500 loan. During the trial, MCB from the same single act.
raised the defense that being the
mother of DCB, she cannot be held Death Penalty; Qualified Rape;
liable as an accessory. Will MCB's Requisites (2004) GV was convicted
defense prosper? Reason briefly. of raping TC, his niece, and he was
(5%) SUGGESTED ANSWER: No, sentenced to death. It was alleged in
MCB's defense will not prosper the information that the victim was a
because the exemption from criminal minor below seven years old, and
liability of an accessory by virtue of her mother testified that she was
relationship with the principal does only six years and ten months old,
not cover accessories who which her aunt corroborated on the
themselves profited from or assisted witness stand. The information also
the offender to profit by the effects or alleged that the accused was the
proceeds of the crime. This non- victim's uncle, a fact proved by the
exemption of an accessory, though prosecution. On automatic review
related to the principal of the crime, before the Supreme Court, accused-
is expressly provided in Art. 20 of the appellant contends that capital
Revised Penal Code. punishment could not be imposed on
him because of the inadequacy of
Complex Crime vs. Compound the charges and the insufficiency of
Crime (2004) Distinguish clearly but the evidence to prove all the
briefly: Between compound and elements of the heinous crime of
complex crimes as concepts in the rape beyond reasonable doubt. Is
Penal Code. SUGGESTED appellant's contention correct?
Reason briefly. (5%) SUGGESTED less than 7 years old; (b) If the victim
ANSWER: Yes, appellant's is alleged to be below 7 years of age
contention is correct insofar as the and what is sought to be proved is
age of the victim is concerned. The that she is less than 12 years old; (c)
age of the victim raped has not been If the victim is alleged to be below 12
proved beyond reasonable doubt to years of age and what is sought to
constitute the crime as qualified rape be proved is that she is less than 18
and deserving of the death penalty. years old. 4) In the absence of a
The guidelines in appreciating age certificate of live birth, authentic
as a qualifying circumstance in rape document, or the testimony of the
cases have not been met, to wit: 1) victim's mother or relatives
The primary evidence of the age of concerning the victim's age under
the victim is her birth certificate; 2) In the circumstances above-stated,
the absence of the birth certificate, complainant's sole testimony can
age of the victim maybe proven by suffice, provided that it is expressly
authentic document, such as and clearly admitted by the accused
baptismal certificate and school (People us. Pruna, 390 SCRA 577
records; 3) If the aforesaid [2002]).
documents are shown to have been
lost or destroyed or otherwise Probation Law; Period Covered
unavailable, the testimony, if clear (2004) PX was convicted and
and credible of the victim's mother or sentenced to imprisonment of thirty
any member of the family, by days and a fine of one hundred
consanguinity or affinity, who is pesos. Previously, PX was convicted
qualified to testify on matters of another crime for which the
respecting pedigree such as the penalty imposed on him was thirty
exact age or date of birth of the days only. Is PX entitled to
offended party pursuant to Section probation? Explain briefly. (5%)
40, Rule 130 of the Rules on SUGGESTED ANSWER: Yes, PX
Evidence shall be sufficient but only may apply for probation. His
under the following circumstances: previous conviction for another crime
(a) If the victim is alleged to be with a penalty of thirty days
below 3 years of age and what is imprisonment or not exceeding one
sought to be proved is that she is (1) month does not disqualify him
from applying for probation; the quasi-delicts, but not on the basis of
penalty for his present conviction delicts. (People v. Bayotas, 236
does not disqualify him either from SCRA 239 ). Civil indemnity and
applying for probation, since the damages under the Revised Penal
imprisonment does not exceed six Code are recoverable only if the
(6) years (Sec. 9, Pres. Decree No. accused had been convicted with
968). finality before he died.

Extinction; Criminal & Civil Liabilities; Pardon; Effect; Civil Interdiction

Effects; Death of accused pending (2004) TRY was sentenced to death
appeal (2004) AX was convicted of by final judgment. But subsequently
reckless imprudence resulting in he was granted pardon by the
homicide. The trial court sentenced President. The pardon was silent on
him to a prison term as well as to the perpetual disqualification of TRY
pay P150,000 as civil indemnity and to hold any public office. After his
damages. While his appeal was pardon, TRY ran for office as Mayor
pending, AX met a fatal accident. He of APP, his hometown. His opponent
left a young widow, 2 children, and a sought to disqualify him. TRY
million-peso estate. What is the contended he is not disqualified
effect, if any, of his death on his because he was already pardoned
criminal as well as civil liability? by the President unconditionally. Is
Explain briefly. (5%) SUGGESTED TRY'S contention correct? Reason
ANSWER: The death of AX while his briefly. (5%) SUGGESTED
appeal from the judgment of the trial ANSWER: No, TRY's contention is
court is pending, extinguishes his not correct. Article 40 of the Revised
criminal liability. The civil liability Penal Code expressly provides that
insofar as it arises from the crime when the death penalty is not
and recoverable under the Revised executed by reason of commutation
Penal Code is also extinguished; but or pardon, the accessory penalties of
indemnity and damages may be perpetual absolute disqualification
recovered in a civil action if and civil interdiction during thirty (30)
predicated on a source of obligation years from the date of the sentence
under Art. 1157, Civil Code, such as shall remain as effects thereof,
law, contracts, quasi-contracts and unless such accessory penalties
have been expressly remitted in the 91, Revised Penal Code). OW, a
pardon. This is because pardon only private person who saw the killing
excuses the convict from serving the but never disclosed it, is not the
sentence but does not relieve him of offended party nor has the crime
the effects of the conviction unless been discovered by the authorities or
expressly remitted in the pardon. their agents.

Prescription of Crimes; Art. 134; Rebellion vs. Coup d'etat

Commencement (2004) OW is a (2004) Distinguish clearly but briefly:
private person engaged in cattle Between rebellion and coup d'etat,
ranching. One night, he saw AM stab based on their constitutive elements
CV treacherously, then throw the as criminal offenses. SUGGESTED
dead man's body into a ravine. For ANSWER: REBELLION is
25 years, CVs body was never seen committed when a multitude of
nor found; and OW told no one what persons rise publicly in arms for the
he had witnessed. Yesterday after purpose of overthrowing the duly
consulting the parish priest, OW constituted government, to be
decided to tell the authorities what replaced by a government of the
he witnessed, and revealed that AM rebels. It is carried out by force and
had killed CV 25 years ago. Can AM violence, but need not be
be prosecuted for murder despite the participated in by any member of the
lapse of 25 years? Reason briefly. military, national police or any public
(5%) SUGGESTED ANSWER: Yes, officer. COUP D'ETAT is committed
AM can be prosecuted for murder when members of the military,
despite the lapse of 25 years, Philippine National Police, or public
because the crime has not yet officer,acting as principal offenders,
prescribed and legally, its launched a swift attack thru strategy,
prescriptive period has not even stealth, threat, violence or
commenced to run. The period of intimidation against duly constituted
prescription of a crime shall authorities of the Republic of the
commence to run only from the day Philippines, military camp or
on which the crime has been installation, communication
discovered by the offended party, networks, public facilities or utilities
the authorities or their agents (Art. needed for the exercise and
continued possession of liable for illegal possession of firearm
governmental powers, for the if no other crime is committed
purpose of seizing or diminishing therewith; if a homicide or murder is
state powers. Unlike rebellion which committed with the use of an
requires a public uprising, coup unlicensed firearm, such use shall
d'etat may be carried out singly or be considered as an aggravating
simultaneously and the principal circumstance. PH therefore may only
offenders must be members of the be convicted of murder and the use
military, national police or public of an unlicensed firearm in its
officer, with or without civilian commission may only be
support. The criminal objective need appreciated as a special aggravating
not be to overthrow the existing circumstance, provided that such
government but only to destabilize or use is alleged specifically in the
paralyze the existing government. information for Murder.

Murder; Use of Illegal Firearms Kidnapping; Effects; Voluntary

(2004) PH killed OJ, his political rival Release (2004) DAN, a private
in the election campaign for Mayor of individual, kidnapped CHU, a minor.
their town. The Information against On the second day, DAN released
PH alleged that he used an CHU even before any criminal
unlicensed firearm in the killing of information was filed against him. At
the victim, and this was proved the trial of his case, DAN raised the
beyond reasonable doubt by the defense that he did not incur any
prosecution. The trial court convicted criminal liability since he released
PH of two crimes: murder and illegal the child before the lapse of the 3-
possession of firearms. Is the day period and before criminal
conviction correct? Reason briefly. proceedings for kidnapping were
(5%) SUGGESTED ANSWER: No, instituted. Will DAN's defense
the conviction of PH for two crimes, prosper? Reason briefly. (5%)
murder and illegal possession of SUGGESTED ANSWER: No. DAN's
firearm is not correct. Under the new defense will not prosper. Voluntary
law on illegal possession of firearms release by the offender of the
and explosives, Rep. Act No. 8294, offended party in kidnapping is not
a person may only be criminally absolutory. Besides, such release is
irrelevant and immaterial in this case and malicious mischief (Article 332,
because the victim being a minor, Revised Penal Code). The provision
the crime committed is kidnapping (Art. 323) of the Code to the effect
and serious illegal detention under that burning property of small value
Art. 267, Revised Penal Code, to should be punished as malicious
which such circumstance does not mischief has long been repealed by
apply. The circumstance may be Pres. Decree 1613; hence, there is
appreciated only in the crime of no more legal basis to consider
Slight Illegal Detention in Art. 268 burning property of small value as
(Asistio v. San Diego, 10 SCRA 673 malicious mischief.
[1964])
Robbery w/ Rape; Conspiracy
Arson; New Arson Law (2004) CD is (2004) Together XA, YB and ZC
the stepfather of FEL. One day, CD planned to rob Miss OD. They
got very mad at FEL for failing in his entered her house by breaking one
college courses. In his fury, CD got of the windows in her house. After
the leather suitcase of FEL and taking her personal properties and
burned it together with all its as they were about to leave, XA
contents. 1. What crime was decided on impulse to rape OD. As
committed by CD? 2. Is CD XA was molesting her, YB and ZC
criminally liable? Explain briefly. stood outside the door of her
(5%) SUGGESTED ANSWER: The bedroom and did nothing to prevent
crime committed by CD is arson XA from raping OD. What crime or
under Pres. Decree No. 1613 (the crimes did XA, YB and ZC commit,
new Arson Law) which punishes any and what is the criminal liability of
person who burns or sets fire to the each? Explain briefly. (5%)
property of another (Section 1 of SUGGESTED ANSWER: The crime
Pres. Decree No. 1613). CD is committed by XA, YB and ZC is the
criminally liable although he is the composite crime of Robbery with
stepfather of FEL whose property he Rape, a single, indivisible offense
burnt, because such relationship is under Art. 294(1) of the Revised
not exempting from criminal liability Penal Code. Although the
in the crime of arson but only in conspiracy among the offenders was
crimes of theft, swindling or estafa, only to commit robbery and only XA
raped CD, the other robbers, YB and marriage license, then CBP would
ZC, were present and aware of the be liable for bigamy. Otherwise, CBP
rape being committed by their co- is not liable for bigamy but for Illegal
conspirator. Having done nothing to Marriage in Art. 350 for the Revised
stop XA from committing the rape, Penal Code, specifically designated
YB and ZC thereby concurred in the as "Marriage contracted against
commission of the rape by their co- provisions of laws."
conspirator XA. The criminal liability
of all, XA, YZ and ZC, shall be the Slander vs. Criminal Conversation
same, as principals in the special (2004) Distinguish clearly but briefly
complex crime of robbery with rape between oral defamation and
which is a single, indivisible offense criminal conversation. SUGGESTED
where the rape accompanying the ANSWER: Oral defamation, known
robbery is just a component. as SLANDER, is a malicious
imputation of any act, omission,
Bigamy (2004) CBP is legally condition or circumstance against a
married to OEM. Without obtaining a person, done orally in public, tending
marriage license, CBP contracted a to cause dishonor, discredit,
second marriage to RST. Is CBP contempt, embarassment or ridicule
liable for bigamy? Reason briefly. to the latter. This is a crime against
(5%) SUGGESTED ANSWER: honor penalized in Art. 358 of the
Whether CBP could be held liable for Revised Penal Code. CRIMINAL
bigamy or not, depends on whether CONVERSATION. The term is used
the second marriage is invalid or in making a polite reference to
valid even without a marriage sexual intercourse as in certain
license. Although as a general rule, crimes, like rape, seduction and
marriages solemnized without adultery. It has no definite concept
license are null and void ob initio, as a crime.
there are marriages exempted from
license requirement under Chapter CHILD ABUSE; RA 7610 (2004)
2, Title 1 of the Family Code, such Mrs. MNA was charged of child
as in Article 27 which is a marriage abuse. It appears from the evidence
in articulo mortis. If the second that she failed to give immediately
marriage was valid even without a the required medical attention to her
adopted child, BPO, when he was Dangerous Drugs Act; Plea-
accidentally bumped by her car, Bargaining (2004) MNO, who is 30
resulting in his head injuries and years old, was charged as a drug
impaired vision that could lead to pusher under the Comprehensive
night blindness. The accused, Dangerous Drugs Act of 2002.
according to the social worker on the During pre-trial, he offered to plead
case, used to whip him when he guilty to the lesser offense
failed to come home on time from concerning use of dangerous drugs.
school. Also, to punish him for Should the Judge allow MNO's plea
carelessness in washing dishes, she to the lesser offense? Explain briefly.
sometimes sent him to bed without (5%) SUGGESTED ANSWER: No,
supper. She moved to quash the the Judge should not allow MNO's
charge on the ground that there is no plea to a lesser offense, because
evidence she maltreated her plea-bargaining in prosecutions of
adopted child habitually. She added drugrelated cases is no longer
that the accident was caused by her allowed by Rep. Act No. 9165,the
driver's negligence. She did punish Comprehensive Dangerous Drugs
her ward for naughtiness or Act of 2002, regardless of the
carelessness, but only mildly. Is her imposable penalty.
motion meritorious? Reason briefly.
(5%) SUGGESTED ANSWER: No, RA 7438-Economic Sabotage; Illegal
the motion to quash is not Recruitment (2004) RR represented
meritorious. It is not necessary that to AA, BB, CC and DD that she
movant's maltreatment of a child be could send them to London to work
"habitual" to constitute child abuse. there as sales ladies and waitresses.
The wrongful acts penalized as She collected and received from
"Child Abuse" under Rep. Act No. them various amounts of money for
7610 refers to the maltreatment of recruitment and placement fees
the child, "whether habitual or not": totalling P400,000. After their dates
this is expressly stated in Sec. 2(b) of departure were postponed several
of the said Law. Mrs. MNA should be times, the four prospects got
liable for child abuse. suspicious and went to POEA (Phil.
Overseas Employment Authority).
There they found out that RR was
not authorized nor licensed to recruit Impossible Crime 3%
workers for employment abroad.
Motive vs. Intent 3%
They sought refund to no avail. Is
Justifying vs. Exempting
RR guilty of any grave offense?
Circumstances 3%
Explain briefly. (5%) SUGGESTED
Criminal Liability; Non-Exemption as
ANSWER: Yes. RR is guilty of a
Accessory 3%
grave offense, having engaged in
Complex Crime vs. Compound
illegal recruitment constituting the
Crime 3%
offense of economic sabotage which
is punishable with life imprisonment Death Penalty; Qualified Rape;
Requisites 3%
and a fine of P100.000.00.
ECONOMIC SABOTAGE is an Probation Law; Period Covered 3%

offense defined in 38(b) of the Labor Extinction; Criminal & Civil Liabilities;
Code, as amended by Pres. Decree 3%

No. 2018, which is incurred when the Effects; Death of accused pending
illegal recruitment is carried out in appeal 3%

large scale or by a syndicate. It is in Pardon; Effect; Civil Interdiction 3%

a large scale when there are three or
Prescription of Crimes;
more aggrieved parties, individually Commencement 3%
or as a group. And it is committed by
Art. 134; Rebellion vs. Coup d'etat
a syndicate when three or more 3%
persons conspire or cooperate with
Murder; Use of Illegal Firearms 3%
one another in carrying out the illegal
transaction, scheme or activity. Kidnapping; Effects; Voluntary
Release 3%

Criminal Law Categories and Arson; New Arson Law 3%

Percentage Robbery w/ Rape; Conspiracy 3%

Conspiracy 6% Bigamy 3%

Avoidance of Greater Evil 3% Slander vs. Criminal Conversation

3%
Criminal Liability 3%
Child Abuse; RA 7610 3%
Felonious Act 3%
Dangerous Drugs Act; Plea-
Proximate Cause 3% Bargaining 3%
RA 7438-Economic Sabotage; Illegal The chart also highlights a wide
Recruitment 3%
range of criminal law categories,
from complex crimes to specific laws
2004 BAR EXAMS - and regulations related to criminal
CRIMINAL LAW
7 100% liability, punishment, and legal
procedures. This indicates that there
6
80% are multiple factors contributing to
5 the overall defects in the system.

60%
4
By focusing on the top criminal law

3 categories that contribute to 80% of

40%
the frequency utilization on Bar
Cumulative %
vs. -
In - -

2
Civilappeal
Circumstances
--

Plea-BargainIl --
Death
Penalty;
Law;

Use of
Ef&-of

Volun
Liabilities
-

-
Crime Liabil vs.

exams, law students can prioritize

Felonious Act

In -
Kidnapping;

Conversation
Requi
accused

Release
Exempting
vs. as

ing Re -
Commence

Abuse;
Cov
Non-Ex

Economic
Extinction;

7438-
Accessory

Act;
Dangerous
Qualified
Prescription

cruitment
New
Firearms

Sabotage;
Crimes;
w/
Conspiracy

Conspiracy
Rebellion
Coup

Criminal
Impossible

20%
Law
134;

terdiction
Compound

Illegal
Justifying

RA 7610
Causevs.
Proximate

Criminal
emption
Complex

sites
vs.ment
ered
Probation

d'etat
Slander
tent

Rape;

their efforts in reviewing these

Pardon;

Robbery
Effects;
Crime
Period
Criminal

1
legal
Effects;
pending
Murder;

Bigamy
Drugs
Rape;
Motive

Arson;
Crime

RA
Arson
Death

Art.
of

Child
Greater Evil

ity;

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Civil

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topics.
Criminal LiabilAvoidance

0 0%
-

2005
ity

Criminal Liability; Felonious Act of

Scaring (2005) Belle saw Gaston
Vital Few [42] stealing the prized cock of a
Useful Many
neighbor and reported him to the
police. Thereafter, Gaston, while
The Pareto chart shows them
driving a car saw Belle crossing the
criminal law topic for 2004 Bar
street. Incensed that Belle had
Exams, with a cumulative
reported him, Gaston decided to
percentage cutoff of 80%. The chart
scare her by trying to make it appear
indicates that the most significant
that he was about to run her over.
topic under criminal law are
He revved the engine of his car and
"Conspiracy" with 7.4%, "Avoidance
drove towards her but he applied the
of Greater Evil" with 11.1%, and
brakes. Since the road was slippery
"Criminal Liability" with 14.8%.
at that time, the vehicle skidded and
These three topics alone contribute
hit Belle causing her death. Was
to over 33% of the total defects.
gaston criminally liable? What is the consequence of Gaston's felonious
liability of Gaston? Why? (4%) act. (People v. Arpa, 27 SCRA
SUGGESTED ANSWER: Yes, 1037).
Gaston is liable for Belle's death
because even though Gaston has no Malum in Se vs. Malum Prohibitum
intent to kill Belle rather just to scare (2005) Distinguish malum in se from
Belle. "To scare" does not indicate malum prohibitum. (2%)
intent to kill. However, under Art. 4 of SUGGESTED ANSWER: In crimes
the Revised Penal Code, provides in malum in se, an act is by nature
part that criminal liability shall be wrong, evil or bad, and so generally
incurred by any person committing a condemned. The moral trait of the
felony although the wrongful act offender is involved; thus, good faith
done be different from that which he or lack of criminal Intent on the part
intended. In other words, the rule is of the offender is a defense, unless
that when a person, by a felonious the crime is the result of criminal
act, generates in the mind of another negligence. Correspondingly,
a sense of imminent danger, modifying circumstances are
prompting the latter to escape from considered in punishing the offender.
or avoid such danger and in the In crimes mala prohibitum, an act is
process, sustains injuries or dies, the not by nature wrong, evil or bad. Yet,
person committing the felonious act it is punished because there is a law
is responsible for such injuries or prohibiting them for public good, and
death. (US vs. Valdez, 41 Phil, 1497; thus good faith or lack of criminal
People vs. Apra, 27 SCRA 1037.) intent in doing the prohibited act is
ALTERNATIVE ANSWER: Yes, not a defense.
Gaston is liable for Belle's death
because by his acts of revving the Complex Crime vs. Special Complex
engine of his car and driving towards Crime vs. Delito Continuado (2005)
Belle is felonious, and such felonious Distinguish the following from each
act was the proximate cause of the other: SUGGESTED ANSWER: An
vehicle to skid and hit Belle, resulting ORDINARY COMPLEX CRIME is
in the latter's death. Stated made up of two or more crimes
otherwise, the death of Belle was the being punished in distinct provisions
direct, natural and logical of the Revised Penal Code but
alleged in one information either series of felonious acts arising from
because they were brought about by a single criminal resolution, not
a single felonious act or because susceptible of division, which are
one offense is a necessary means carried out in the same place and at
for committing the other offense or about the same time, and violating
offenses. They are alleged in one one and the same penal provision.
information so that only one penalty The acts done must be impelled by
shall be imposed. As to penalties, one criminal intent or purpose, such
ordinary complex crime, the penalty that each act merely constitutes a
for the most serious crime shall be partial execution of a particular
imposed and in its maximum period crime, violating one and the same
A SPECIAL COMPLEX CRIME, on penal provision. It involves a
the other hand, is made up of two or concurrence of felonious acts
more crimes which are considered violating a common right, a common
only as components of a single penal provision, and Impelled by a
indivisible offense being punished in single criminal impulse (People vs.
one provision of the Revised Penal Ledesma, 73 SCRA 77).
Code. As to penalties, special
complex crime, only one penalty is Indeterminate Sentence Law (2005)
specifically prescribed for all the Harold was convicted of a crime
component crimes which are defined and penalized by a special
regarded as one indivisible offense. penal law where the imposable
The component crimes are not penalty is from 6 months, as
regarded as distinct crimes and so minimum, to 3 years, as maximum.
the penalty for the most serious State with reasons whether the court
crime is not the penalty to be may correctly impose the following
imposed nor in its maximum period. penalties: a) a straight penalty of 10
It is the penalty specifically provided months; SUGGESTED ANSWER:
for the special complex crime that Yes, because the penalty is less
shall be applied according to the than one year, a straight penalty
rules on imposition of the penalty. may be imposed. (People v.
DELITO CONTINUADO, or Arellano, G.R. No, 46501, October 5,
CONTINUOUS CRIME, is a term 1939) ALTERNATIVE ANSWER:
used to denote as only one crime a Under the Indeterminate Sentence
Law, the minimum imposable penalty is not proper. The two
penalty shall be imposed but the accused must separately pay the
maximum shall not exceed the fine, which is their penalty. Solidary
maximum imposable by law. b) 6 liability applies only to civil liabilities.
months, as minimum, to 11 months, ALTERNATIVE ANSWER: NO,
as maximum; SUGGESTED because in penal law when there are
ANSWER: No, because several offenders, the court in the
Indeterminate Sentence Law does exercise of its discretion shall
not apply when the penalty imposed determine what shall be the share of
is less than one year (Sec. 2, Art. each offender depending upon the
4103, as amended). c) a straight degree of participation – as principal,
penalty of 2 years. (5%) accomplice or accessory. If within
SUGGESTED ANSWER: No, each class of offender, there are
because the Indeterminate Sentence more of them, such as more than
Law will apply when the minimum of one principal or more than one
the penalty exceeds one year. accomplice or accessory, the liability
ALTERNATIVE ANSWER. If the in each class of offender shall be
imposition of straight penalty which subsidiary. Anyone of the may be
consists of the minimum period of required to pay the civil liability
the penalty prescribed by law, then it pertaining to such offender without
may be allowed because it favors prejudice to recovery from those
the accused. whose share have been paid by
another. May the judge impose an
Penalties: Fine or Imprisonment vs. alternative penalty of fine or
Subsidiary Imprisonment (2005) E imprisonment? Explain. (4%)
and M are convicted of a penal law SUGGESTED ANSWER No. A fine,
that imposes a penalty of fine or whether imposed as a single or as
imprisonment or both fine and an alternative penalty, should not
imprisonment. The judge sentenced and cannot be reduced or converted
them to pay the fine, jointly and into a prison term. There is no rule
severally, with subsidiary for transmutation of the amount of a
imprisonment in case of insolvency. fine into a term of imprisonment.
Is the penalty proper? Explain. (People v. Dacuycuy, G.R. No. L-
SUGGESTED ANSWER: The 45127 May 5, 1989) Penalties:
Pecuniary Penalties vs. Pecuniary term or accessory penalties. Also,
Liabilities (2005) Distinguish life imprisonment is imposable on
pecuniary penalties from pecuniary crimes punished by special laws,
liabilities. (2%) SUGGESTED and not on felonies in the Code
ANSWER: Pecuniary liabilities do (People vs. De Guzman, G.R. Nos.
not include restitution, but include 51385-86, Jan. 22, 1993; People vs.
reparation of damages caused, the Estrella, G.R. Nos. 92506-07, April
indemnification for consequential 28, 1993; People vs. Alvero, G.R.
damages, as well as fines and cost No. 72319, June 30,1993; People
of the proceedings. Pecuniary vs. Lapiroso, G.R. No. 122507, Feb.
penalties include fines and cost of 25, 1999).[see Criminal Law
the proceedings. Conspectus, page 156]
Penalties; Reclusion Perpetua (RA)
No. 7959 (2005) Under Article 27 of Probation Law: Proper Period (2005)
the Revised Penal Code, as Maganda was charged with violation
amended by Republic Act (RA) No. of the Bouncing Checks Law (BP 22)
7959, reclusion perpetua shall be punishable by imprisonment of not
from 20 years and 1 day to 40 years. less than 30 days but not more than
Does this mean that reclusion 1 year or a fine of not less than but
perpetua is now a divisible penalty? not more than double the amount of
Explain. (2%) SUGGESTED the check, which fine shall not
ANSWER: No, because the exceed P200,000.00, or both. The
Supreme Court has repeatedly court convicted her of the crime and
called the attention of the Bench and sentenced her to pay a fine of
the Bar to the fact that the penalties P50,000.00 with subsidiary
of reclusion perpetua and life imprisonment in case of insolvency,
imprisonment are not synonymous and to pay the private complainant
and should be applied correctly and the amount of the check. Maganda
as may be specified by the was unable to pay the fine but filed a
applicable law. Reclusion perpetua petition for probation. The court
has a specific duration of 20 years granted the petition subject to the
and 1 day to 40 years (Art. 27) and condition, among others, that she
accessory penalties (Art. 41), while should not change her residence
life imprisonment has no definite without the court’s prior approval. a)
What is the proper period of No. 67301, January 29, 1990, citing
probation? SUGGESTED ANSWER: Sec. 16 of P.D. No. 968)
The period shall not be less than
twice the total number of days of Civil Liability; When Mandatory;
subsidiary imprisonment. Under Act Criminal Liability (2005) The
No. 1732, subsidiary imprisonment accused was found guilty of 10
for violations of special laws shall not counts of rape for having carnal
exceed 6 months at the rate of one knowledge with the same woman. In
day of imprisonment for every F2.50. addition to the penalty of
Hence, the proper period of imprisonment, he was ordered to
probation should not be less than (6 pay indemnity in the amount of
months nor more than 12 months. P50,000.00 for each count. On
Since P50,000.00 fine is more than appeal, the accused questions the
the maximum subsidiary award of civil indemnity for each
imprisonment of 6 months at P2.50 a count, considering that the victim is
day. b) Supposing before the Order the same woman. How would you
of Discharge was issued by the court rule on the contention of the
but after the lapse of the period of accused? Explain. (3%)
probation, Maganda transferred SUGGESTED ANSWER: The
residence without prior approval of contention is unmeritorious. Under
the court. May the court revoke the the law, every person criminally
Order of Probation and order her to liable is civilly liable. (Art. 100,
serve the subsidiary imprisonment? Revised Penal Code) Since each
Explain. SUGGESTED ANSWER: count charges different felonious
Yes. The Court may revoke her acts and ought to be punished
probation. Probation is not differently, the concomitant civil
coterminous with its period. There indemnity ex delicto for every
must first be issued by the court an criminal act should be adjudged.
order of final discharge based on the Said civil indemnity is mandatory
report and recommendation of the upon a finding of the fact of rape; it is
probation officer. Only then can the distinct from and should not be
case of the probationer be denominated as moral damages
terminated. (Bala v. Martinez, G.R. which are based on different jural
foundations. (People v. Jalosjos,
G.R. Nos. 132875-76, November 16, the officers and crew fell asleep.
2001) While the ship was anchored, a
motorboat manned by renegade
Damages; Homicide; Temperate Ybanags from Claveria, Cagayan,
Damages (2006) In a crime of passed by and took advantage of the
homicide, the prosecution failed to situation. They cut the ship's engines
present any receipt to substantiate and took away several heavy crates
the heirs' claim for an award of of electrical equipment and loaded
actual damages, such as expenses them in their motorboat. Then they
for the wake and burial. What kind of left hurriedly towards Aparri. At
damages may the trial court award daybreak, the crew found that a
to them and how much? (5%) robbery took place. They radioed the
SUGGESTED ANSWER: The court Aparri Port Authorities resulting in
may award temperate damages in the apprehension of the culprits.
the amount of twenty-five What crime was committed? Explain.
(P25,000.00) thousand pesos. Under (2.5%) SUGGESTED ANSWER:
jurisprudence, temperate damages Piracy in the high seas was
is awarded in homicide when no committed by the renegade
sufficient proof of actual damages is Ybanags. The culprits, who are
offered or if the actual damages neither members of the complement
proven is less than twenty-five nor passengers of the ship, seized
thousand (P25,000) (People v. part of the equipment of the vessel
Salona, G.R. No. 151251, May 19, while it was three hundred miles
2004) away from Aparri, Cagayan (Art.
122, Revised Penal Code).
Piracy in the High Seas & Qualified Supposing that while the robbery
Piracy (2006) While the S.S. Nagoya was taking place, the culprits
Maru was negotiating the sea route stabbed a member of the crew while
from Hongkong towards Manila, and sleeping. What crime was
while still 300 miles from Aparri, committed? Explain. (2.5%)
Cagayan, its engines malfunctioned. SUGGESTED ANSWER: The crime
The Captain ordered the ship to stop committed is qualified piracy,
for emergency repairs lasting for because it was accompanied by
almost 15 hours. Due to exhaustion, physical injuries/homicide. The
culprits stabbed a member of the unbuttoning his pants, the endeavor
crew while sleeping (Art. 123, to have sex with her very apparent,
Revised Penal Code). is guilty of Attempted rape. On the
Art 134-A: Coup d’ etat & Rape; other hand, entry on the labia or lips
Frustrated (2005) Taking into of the female organ by the penis,
account the nature and elements of even without rupture of the hymen or
the felonies of coup d’ etat and rape, laceration of the vagina,
may one be criminally liable for consummates the crime of rape.
frustrated coup d’ etat or frustrated More so, it has long abandoned its
rape? Explain. (2%) SUGGESTED “stray” decision in People vs. Erina
ANSWER: No, one cannot be 50 Phil 998 where the accused was
criminally liable for frustrated coup d’ found guilty of Frustrated rape.
etat or frustrated rape because in
coup d’ etat the mere attack directed Perjury (2005) Al Chua, a Chinese
against the duly constituted national, filed a petition under oath
authorities of the Republic of the for naturalization, with the Regional
Philippines, or any military camp or Trial Court of Manila. In his petition,
installation, communication he stated that he is married to Leni
networks, public utilities or other Chua; that he is living with her in
facilities needed for the exercise and Sampaloc, Manila; that he is of good
continued possession of power moral character; and that he has
would consummate the crime. The conducted himself in an
objective may not be to overthrow irreproachable manner during his
the government but only to stay in the Philippines. However, at
destabilize or paralyze the the time of the filing of the petition,
government through the seizure of Leni Chua was already living in
facilities and utilities essential to the Cebu, while Al was living with Babes
continued possession and exercise Toh in Manila, with whom he has an
of governmental powers. On the amorous relationship. After his direct
other hand, in the crime of rape testimony, Al Chua withdrew his
there is no frustrated rape it is either petition for naturalization. What
attempted or consummated rape. If crime or crimes, if any, did Al Chua
the accused who placed himself on commit? Explain. (5%)
top of a woman, raising her skirt and SUGGESTED ANSWER: Al Chua
committed perjury. His declaration perform or refrain from performing
under oath for naturalization that he an official act in exchange for a gift,
is of good moral character and present or consideration given to him
residing at Sampaloc, Manila are (Art. 210, Revised Penal Code), the
false. This information is material to crime committed is direct bribery.
his petition for naturalization. He Secondly, he destroyed the shabu
committed perjury for this willful and which is an evidence in his official
deliberate assertion of falsehood custody, thus, constituting infidelity
which is contained in a verified in the custody of documents under
petition made for a legal purpose. Art. 226 of the Revised Penal Code.
(Choa v. People, G.R. No. 142011, 2.] Indirect bribery; SUGGESTED
March 14, 2003) ANSWER: Indirect bribery was not
committed because he did not
Direct Bribery: Infidelity in the receive the bribe because of his
Custody of Documents (2005) office but in consideration of a crime
During a PNP buy-bust operation, in connection with his official duty.
Cao Shih was arrested for selling 20 3.] Section 3(e) of RA 3019 (Anti-
grams of methamphetamine Graft and Corrupt Practices Act);
hydrochloride (shabu) to a poseur- SUGGESTED ANSWER: See. 3(e),
buyer. Cao Shih, through an R.A. No. 8019 was not committed
intermediary, paid Patrick, the because there was no actual injury
Evidence Custodian of the PNP to the government. When there is no
Forensic Chemistry Section, the specific quantified injury, violation is
amount of P500,000.00 in not committed. (Garcia-Rueda vs
consideration for the destruction by Amor, et al., G.R. No. 116938,
Patrick of the drug. Patrick managed September 20, 2001) 4.] Obstruction
to destroy the drug. State with of Justice under PD 1829;
reasons whether Patrick committed SUGGESTED ANSWER: Patrick
the following crimes: (7%) 1.] Direct committed the crime of obstruction of
Bribery; SUGGESTED ANSWER: justice although the feigner penalty
Patrick committed the crimes of imposable on direct bribery or
Direct Bribery and Infidelity in the infidelity in the custody of documents
Custody of Documents. When a shall be imposed. Sec. 1 of P.D. No.
public officer is called upon to 1829 refers merely to the imposition
of the higher penalty and does not to him is public property under his
preclude prosecution for obstruction accountability by reason of his
of justice, even if the same not duties. By his act of negligence, he
constitute another offense. permitted the taking of the car by
ALTERNATIVE ANSWER: another person, resulting in
Obstruction of Justice is not malversation, consistent with the
committed in this case, because the language of Art. 217 of the Revised
act of destroying the evidence in his Penal Code. Danny violated the Anti-
custody is already penalized by Fencing Law. He is in possession of
another law which imposes a higher an item which is the subject of
penalty. (Sec. 1, P.I). No. 1829) thievery. P.D. No. 1612 (Anti-
Fencing Law) under Section 5
Malversation: Anti-Fencing: provides that mere possession of
Carnapping (2005) Allan, the any good, article, item, object or any
Municipal Treasurer of the thing of value which has been the
Municipality of Gerona, was in a subject of robbery or thievery shall
hurry to return to his office after a be prima facie, evidence of fencing.
daylong official conference. He Jules is guilty of carnapping. He took
alighted from the government car the motor vehicle belonging to
which was officially assigned to him, another without the latter's consent.
leaving the ignition key and the car (R.A. No. 6539) What, if any, are
unlocked, and rushed to his office. their respective civil liabilities?
Jules, a bystander, drove off with the Explain. (5%) SUGGESTED
car and later sold the same to his ANSWER: Allan is under obligation
brother, Danny for P20,000.00, to restitute the vehicle or make
although the car was worth reparation if not possible. Jules must
P800,000.00. What are the pay the amount he gained from the
respective crimes, if any, committed sale of the car which is P20,000.00.
by Allan, Danny and Jules? Explain. Danny must make reparation
SUGGESTED ANSWER: Allan, the corresponding to the value of the car
municipal treasurer is liable for which is P800,000.00.
malversation committed through
negligence or culpa. The Death under Exceptional
government car which was assigned Circumstances (2005) Pete, a
security guard, arrived home late ALTERNATIVE ANSWER: No. Pete
one night after rendering overtime. did not act in defense of his honor.
He was shocked to see Flor, his For this defense to apply under Art.
wife, and Benjie, his best friend, 11, there must be an unlawful
completely naked having sexual aggression which is defined as an
intercourse. Pete pulled out his attack or material aggression that
service gun and shot and killed poses a danger to his life or personal
Benjie. Pete was charged with safely. It must be a real aggression
murder for the death of Benjie. Pete characterized by a physical force or
contended that he acted in defense with a weapon to cause injury or
of his honor and that, therefore, he damage to one's life. (People v.
should be acquitted of the crime. Nahayra, G.R. Nos. 96368-69,
The court found that Benjie died October 17, 1991; People v.
under exceptional circumstances Housing, G.R. No. 64965, July 18,
and exonerated Pete of the crime, 1991) Under Article 247 of the
but sentenced him to destierro, Revised Penal Code, is destierro a
conformably with Article 247 of the penalty? Explain. SUGGESTED
Revised Penal Code. The court also ANSWER: In the case of People v.
ordered Pete to pay indemnity to the Abarca, G.R. No. 74433, September
heirs of the victim in the amount of 14, 1987, the Court ruled that Article
P50,000.00. (5%) Is the defense of 247 does not define a felony.
Pete meritorious? Explain. However, it went on to state that the
SUGGESTED ANSWER: No. A penalty is merely banishment of the
person who commits acts penalized accused, intended for his protection.
under Article 247 of the Revised Punishment, therefore, is not
Penal Code for death or serious inflicted on the accused.
physical injuries inflicted under ALTERNATIVE ANSWER: Yes.
exceptional circumstances is still Article 247 of the Revised Penal
criminally liable. However, this is Code does not define and provide
merely an exempting circumstance for a specific crime but grants a
when the victim suffers any other privilege or benefit to the accused for
kind of physical injury. In the case at the killing of another or the infliction
bar, Pete will suffer the penalty of of Serious Physical Injuries.
destierro for the death of Benjie. Destierro is a punishment whereby a
convict is banished to a certain place Subsequently, Paz disappeared.
and is prohibited from entering or After a couple of days, Martin
coming near that place designated in discovered the box in the attic with
the sentence, not less than 25 kms. his child already dead. According to
(People v. Araquel, G.R. No. L- the autopsy report, the child died of
12629, December 9, 1959) Did the asphyxiation barely three minutes
court correctly order Pete to pay after the box was sealed. What
indemnity despite his exoneration crime or crimes did Paz commit?
under Article 247 of the Revised Explain. (5%) SUGGESTED
Penal Code? Explain. SUGGESTED ANSWER: Paz committed the
ANSWER: Yes, because the composite crime of kidnapping with
privilege defined under this Article homicide under Art. 267, RFC as
exempts the offender from criminal amended by R.A. No. 7659. Under
liability but not from civil liability. the law, any person who shall detain
(People v. Abarca, G.R, No. L- another or in any manner deprive
74483, September 14, 1987; Art. 12, him of liberty and the victim dies as a
Revised Penal Code consequence is liable for kidnapping
with homicide and shall be penalized
Kidnapping w/ Homicide (2005) Paz with the maximum penalty. In this
Masipag worked as a housemaid case, notwithstanding the fact that
and yaya of the oneweek old son of the one-week old child was merely
the spouses Martin and Pops kept in the attic of his house, gagged
Kuripot. When Paz learned that her with stockings and placed in a box
70 year-old mother was seriously ill, sealed with tape, the deprivation of
she asked Martin for a cash advance liberty and the intention to kill
of P1,000.00 but Martin refused. becomes apparent. Though it may
One morning, Paz gagged the mouth appear that the means employed by
of Martin’s son with stockings; Paz was attended by treachery
placed the child in a box; sealed it (killing of an infant), nevertheless, a
with masking tape and placed the separate charge of murder will not
box in the attic. Later in the be proper in view of the amendment.
afternoon, she demanded P5,000.00 Here, the term "homicide" is used in
as ransom for the release of his son. its generic sense and covers all
Martin did not pay the ransom. forms of killing whether in the nature
of murder or otherwise. It is of no counterfeit. What crime or crimes did
moment that the evidence shows the DD commit? Explain. (5%)
death of the child took place three SUGGESTED ANSWER: DD
minutes after the box was sealed committed the crime of estafa under
and the demand for the ransom took Art. 315, par. 2(a) of the Revised
place in the afternoon. The intention Penal Code by falsely pretending to
is controlling here, that is, ransom posses credit. The elements of
was demanded. ALTERNATIVE estafa under this penal provision are;
ANSWER: Murder qualified by (1) the accused defrauded another
treachery because the victim was by means of deceit; and (2) damage
only one week old. The offense was or prejudice capable of pecuniary
attended with the aggravating estimation is caused to the offended
circumstance of lack of respect due party or third party. The accused
to the age of the victim, cruelty and also violated R.A. No. 8484, which
abuse of confidence. In People v. punishes the use or possession of
Lora (G.R. No, L-49430, March 30, fake or counterfeit credit card.
1982), the Court found that a child
subjected to similar treatment as the Estafa vs. Theft (2005) DD was
infant in this case would have died engaged in the warehouse business.
instantly, negating any intent to Sometime in November 2004, he
kidnap or detain when ransom was was in dire need of money. He, thus,
sought. Demand for ransom did not sold merchandise deposited in his
convert the offense into kidnapping warehouse to VR for P500,000.00.
with murder because the demand DD was charged with theft, as
was merely a scheme by the principal, while VR as accessory.
offender (Paz) to conceal the body of The court convicted DD of theft but
her victim. acquitted VR on the ground that he
purchased the merchandise in good
Estafa; Elements (2005) DD faith. However, the court ordered VR
purchased a television set for to return the merchandise to the
P50,000.00 with the use of a owner thereof and ordered DD to
counterfeit credit card. The owner of refund the P500,000.00 to VR. DD
the establishment had no inkling that moved for the reconsideration of the
the credit card used by DD was decision insisting that he should be
acquitted of theft because being the Sometime in November 2004, he
depositary, he had juridical was in dire need of money. He, thus,
possession of the merchandise. VR sold merchandise deposited in his
also moved for the reconsideration warehouse to VR for P500,000.00.
of the decision insisting that since he DD was charged with theft, as
was acquitted of the crime charged, principal, while VR as accessory.
and that he purchased the The court convicted DD of theft but
merchandise in good faith, he is not acquitted VR on the ground that he
obligated to return the merchandise purchased the merchandise in good
to its owner. Rule on the motions faith. However, the court ordered VR
with reasons. (5%) SUGGESTED to return the merchandise to the
ANSWER: The motion for owner thereof and ordered DD to
reconsideration should be granted. refund the P500,000.00 to VR. DD
By depositing the merchandise in his moved for the reconsideration of the
warehouse, he transferred not decision insisting that he should be
merely physical but also juridical acquitted of theft because being the
possession. The element of taking in depositary, he had juridical
the crime of theft is wanting. At the possession of the merchandise. VR
most, he could be held liable for also moved for the reconsideration
estafa for misappropriation of the of the decision insisting that since he
merchandise deposited. On the was acquitted of the crime charged,
other hand, the motion of VR must and that he purchased the
also be denied. His acquittal is of no merchandise in good faith, he is not
moment because the thing, subject obligated to return the merchandise
matter of the offense, shall be to its owner. Rule on the motions
restored to the owner even though it with reasons. (5%) SUGGESTED
is found in the possession of a third ANSWER: The motion for
person who acquired it by lawful reconsideration should be granted.
means. (Art. 105, RFC) By depositing the merchandise in his
misappropriate the jewelry does not warehouse, he transferred not
make her criminally liable for estafa. merely physical but also juridical
possession. The element of taking in
Estafa vs. Theft (2005) DD was the crime of theft is wanting. At the
engaged in the warehouse business. most, he could be held liable for
estafa for misappropriation of the Robbery w/ Homicide - R.A. No.
merchandise deposited. On the 7659 (2005) Jose employed Mario
other hand, the motion of VR must as gardener and Henry as cook.
also be denied. His acquittal is of no They learned that Jose won
moment because the thing, subject P500,000.00 in the lotto, and
matter of the offense, shall be decided to rob him. Mario positioned
restored to the owner even though it himself about 30 meters away from
is found in the possession of a third Jose’s house and acted as lookout.
person who acquired it by lawful For his part, Henry surreptitiously
means. (Art. 105, RFC) gained entry into the house and
killed Jose who was then having his
Estafa; Elements (2005) DD dinner. Henry found the P500,000.00
purchased a television set for and took it. Henry then took a can of
P50,000.00 with the use of a gasoline from the garage and burned
counterfeit credit card. The owner of the house to conceal the acts. Mario
the establishment had no inkling that and Henry fled, but were arrested
the credit card used by DD was around 200 meters away from the
counterfeit. What crime or crimes did house by alert barangay tanods. The
DD commit? Explain. (5%) tanods recovered the P500,000.00.
SUGGESTED ANSWER: DD Mario and Henry were charged with
committed the crime of estafa under and convicted of robbery with
Art. 315, par. 2(a) of the Revised homicide, with the aggravating
Penal Code by falsely pretending to circumstances of arson, dwelling,
posses credit. The elements of and nighttime. Mario moved to
estafa under this penal provision are; reconsider the decision maintaining
(1) the accused defrauded another that he was not at the scene of the
by means of deceit; and (2) damage crime and was not aware that Henry
or prejudice capable of pecuniary killed the victim; hence, he was guilty
estimation is caused to the offended only of robbery, as an accomplice.
party or third party. The accused Mario also claimed that he conspired
also violated R.A. No. 8484, which with Henry to commit robbery but not
punishes the use or possession of to kill Jose. Henry, likewise, moved
fake or counterfeit credit card. to reconsider the decision, asserting
that he is liable only for attempted
robbery with homicide with no is consummated when the robber
aggravating circumstance, acquires possession of the property,
considering that he and Mario did even if for a short time. It is no
not benefit from the P500,000.00. He defense that they had no opportunity
further alleged that arson is a felony to dispose of or benefit from the
and not an aggravating money taken. (People v. Salvilia, et
circumstance; dwelling is not al., G.R. No. 88163, April 26, 1990)
aggravating in attempted robbery Since the crime in robbery with force
with homicide; and nighttime is not and intimidation against persons
aggravating because the house of (robbery with homicide), dwelling is
Jose was lighted at the time he was aggravating. Arson, which
killed. Resolve with reasons the accompanied the crime of robbery
respective motions of Mario and with homicide is absorbed (Art. 294,
Henry. (7%) SUGGESTED RFC as amended by R.A. No. 7659)
ANSWER: Mario is not correct. and is not aggravating because the
Mario conspired and acted in concert RPC does not provide that such
with Henry to commit robbery. crime is an aggravating
Hence, the act of one is the act of all circumstance. (People v. Regala,
and the extent of the specific G.R. No. 130508, April 5, 2000)
participation of each individual Nighttime, likewise, is not
conspirator becomes secondary, aggravating. There is no showing
each being held liable for the that the same was purposely sought
criminal deed(s) executed by by the offenders to facilitate the
another or others. As a conspirator, commission of the crime or impunity.
Mario casts his lot with his fellow
conspirators and becomes liable to Libel (2005) In an interview aired on
any third person who may get killed television, Cindee uttered
in the course of implementing the defamatory statements against
criminal design. (People v. Erika, a successful and reputable
Punzalan, et al.. G.R. No. 78853, businesswoman. What crime or
November 8, 1991) Henry is crimes did Cindee commit? Explain.
incorrect, since he acquired (3%) SUGGESTED ANSWER:
possession of the money. The crime Cindee committed libel for uttering
of robbery with force and intimidation defamatory remarks tending to
cause dishonor or discredit to Erika. SUGGESTED ANSWER: No. The
Libel can be committed in television use of dangerous drugs is not
programs or broadcasts, though it committed when Obie Juan was also
was not specifically mentioned in the found to have in his possession such
article since it was not yet in quantity of any dangerous drug.
existence then, but is included as (See s. 11 and 16, RA. No. 9165) b)
"any similar means." Defamatory So as not to be sentenced to death,
statements aired on television is Obie Juan offers to plead guilty to a
similar to radio, theatrical exhibition lesser offense. Can he do so? Why?
or cinematographic exhibition, which SUGGESTED ANSWER: No. Obie
are among the modes for the Juan cannot plead guilty to a lower
commission of libel. (Arts. 353 and offense as it is prohibited under the
355, RPC) law. (Section 23, RA. No. 9165) Any
person charged under any provision
Dangerous Drug Act: Plea- of this Act regardless of the
Bargaining (2005) Obie Juan is imposable penalty shall not be
suspected to have in his possession allowed to avail of the provision on
an unspecified amount of plea-bargaining.
methamphetamine hydrochloride or
“shabu”. An entrapment operation R.A. No. 9160 Anti-Money
was conducted by police officers, Laundering Act (2005) Don Gabito, a
resulting in his arrest following the philanthropist, offered to fund
discovery of 100 grams of the said several projects of the Mayor. He
dangerous drug in his possession. opened an account in the Mayor’s
He was subjected to a drug test and name and regularly deposited
was found positive for the use of various amounts ranging from
marijuana, another dangerous drug. P500,000.00 to P1 Million. From this
He was subsequently charged with account, the Mayor withdrew and
two crimes: Violation of Section 11, used the money for constructing
Article II of RA 9165 for the feeder roads, barangay clinics,
possession of “shabu” and violation repairing schools and for all other
of Section 15, Article II of RA 9165 municipal projects. It was
for the use of marijuana. (5%) a) Are subsequently discovered that Don
the charges proper? Explain. Gabito was actually a jueteng
operator and the amounts he Direct Bribery 2%
deposited were proceeds from his Malversation 2%
jueteng operations. What crime/s Others 18%
were committed? Who are criminally
liable? Explain. (6%) SUGGESTED 35 [2005 Bar Exams -100%
Crim-

Cumulative %
ANSWER: Don Gabito violated the 30 inal Law] 80%
25
Anti-Money Laundering Act (Sec. 4, 20 60%
15 40%

Criminal

in
Complex

Seas -
High
Law
Sen - -
R.A. No. 9160) for knowingly

mediate
Liability

Liability
Perjury
Inter -

sation
Direct
Malver
Crime-
tence
10

Bribery
Proba
Civil
Others

Law
2%
Piracy

2%
2%
2%
Penal

ages|
20%

ties
Dam

3%
5

tion
the
transacting money as property which
0 0%
involves or relates to the proceeds of [42]

an unlawful activity such as jueteng. This Pareto chart shows the

In addition, he may be prosecuted distribution of criminal law categories
for liability as ajueteng operator. in terms of frequency and cumulative
(R.A. No. 9287) The mayor who percentage. The chart is sorted in
allowed the opening of an account in descending order, with Criminal
his name is likewise guilty for Liability having the highest frequency
violation of the AMLA. He, knowing at 33 (36.3%) and Malversation
that the money instrument or having the lowest frequency at 2
property involves the proceeds of an (100%).
unlawful activity, performs or fails to
According to the cumulative
perform any act which results in the
percentage cutoff of 80%, we can
facilitation of money laundering.
see that the top 4 categories
(Criminal Liability, Others, Complex
Crime, and Penalties) account for
Criminal Law Category
78.0% of the total frequency. This
Criminal Liability 33%
suggests that the majority of cases
Complex Crime 17%
fall under these four categories.
Indeterminate Sentence Law 5%
Penalties 8%
Overall, the Pareto chart highlights
Probation Law 5%
the importance of focusing on the
Civil Liability 3%
key criminal law categories (Criminal
Damages| 3%
Liability, Others, Complex Crime,
Piracy in the High Seas 2%
and Penalties) to address the
Perjury 2%
majority of cases effectively. By in the determination of the
prioritizing these categories, commission of a crime and the
resources can be allocated more liabilities of the perpetrators. What
efficiently to handle the most are the instances where proof of
prevalent issues in criminal law. motive is not essential or required to
justify conviction of an accused?
Give at least 3 instances. (5%)
SUGGESTED ANSWER: 1. When
there is an eyewitness or positive
identification of the accused. 2.
2006
When the accused admitted or
Use of Aliases; When Allowed
confessed to the commission of the
(2006) When can a Filipino citizen
crime. 3. In crimes mala prohibita. 4.
residing in this country use an alias
In direct assault, when the victim,
legally? Give 3 instances. (2.5%)
who is a person in authority or agent
SUGGESTED ANSWER: 1.
of a person in authority was attacked
Pseudonym for literary purposes. 2.
in the actual performance of his duty
Use of aliases in cinema and
(Art. 148, Revised Penal Code). 5. In
television entertainment. 3. In
crimes committed through reckless
athletics and sports activities (RA.
imprudence.
6085). 4. Under the witness
protection program a person may
Suspension of Sentence;
adopt a different identity (RA. 6981).
Adults/Minors (2006) There are at
5. When he has been baptized or
least 7 instances or situations in
customarily known by such alias. 6.
criminal cases wherein the accused,
When authorized by a competent
either as an adult or as a minor, can
court (CA. No. 142, as amended by
apply for and/or be granted a
RA. 6085). 7. When properly
suspended sentence. Enumerate at
indicated in a Certificate of
least 5 of them. (5%) SUGGESTED
Candidacy (Omnibus Election
ANSWER: 1. Suspension of
Code).
sentence of minor under P.D. 603 as
amended by R.A. 9344. 2.
Motive; Proof thereof; Not Essential;
Suspension of sentence of minor
Conviction (2006) Motive is essential
above 15 but below 18 years of age
at the time of trial under R.A. 9344. Inciting to sedition; 10. Illegal
3. Suspension of sentence of minor Assembly; 11. Illegal Association;
above 15 but below 18 years of age 12. Direct Assault; 13. Indirect
at the commission of the offense, Assault; 14. Resistance and
while acting with discernment. 4. disobedience to a person in
Suspension of sentence by reason authority; 15. Tumults and other
of insanity (Art. 79, Revised Penal disturbances; 16. Unlawful use of
Code). 5. Suspension of sentence means of publications and unlawful
for first offense of a minor violating utterrances; 17. Alarm and scandal;
RJV. 9165. (Sec. 32) 6. Suspension 18. Illegal Possession of firearms.
of sentence under the probation law.
(P.D. 968) 7. Suspension of death Amnesty vs. PD 1160 (2006) Can
sentence of a pregnant woman. (Art. former DSWD Secretary Dinky
83, Revised Penal Code) (NOTA Soliman apply for amnesty? How
BENE: R.A. 9344 is outside the about columnist Randy David? (You
coverage of the examination) are supposed to know the crimes or
offenses ascribed to them as
Amnesty; Crimes Covered (2006) published in almost all newspapers
Under Presidential Proclamation No. for the past several months.) (2.5%)
724, amending Presidential SUGGESTED ANSWER:
Proclamation No. 347, certain crimes Proclamation 1160, which amended
are covered by the grant of amnesty. Proclamation 724, applies only to
Name at least 5 of these crimes. offenses committed prior to 1999.
(2.5%) SUGGESTED ANSWER: Thus, their applications shall be
Crimes covered under Presidential ineffectual and useless. General Lim
Proclamation No. 724: 1. Coup and General Querubin of the Scout
d'etat, 2. Rebellion or insurrection; 3. Rangers and Philippine Marines,
Disloyalty of public officers or respectively, were changed with
employees; 4. Inciting to rebellion or conduct unbecoming an officer and a
insurrection; 5. Conspiracy to gentleman under the Articles of War.
commit rebellion or insurrection; 6. Can they apply for amnesty? (2.5%)
Proposal to commit rebellion or SUGGESTED
insurrection; 7. Sedition; 8. ANSWER:Proclamation 1160, which
Conspiracy to commit sedition; 9. amended Proclamation 724, applies
only to offenses committed prior to because it obliterates every vestige
1999. Thus, their applications shall of the crime. e) PARDON being a
be ineffectual and useless. private act by the President, must be
pleaded and proved by the person
Pardon vs. Amnesty (2006) pardoned, while AMNESTY which is
Enumerate the differences between a Proclamation of the Chief
pardon and amnesty. (2.5%) Executive with the concurrence of
SUGGESTED ANSWER: a) Congress is a public act of which the
PARDON includes any crime and is courts should take judicial notice.
exercised individually by the
President, while AMNESTY applies Jurisdiction; Impeachable Public
to classes of persons or Officers (2006) Judge Rod Reyes
communities who may be guilty of was appointed by former President
political offenses. b) PARDON is Fidel Ramos as Deputy Ombudsman
exercised when the person is for the Visayas for a term of 7 years
already convicted, while AMNESTY commencing on July 5,1995. Six
may be exercised even before trial months thereafter, a lady
or investigation. c) PARDON looks stenographer filed with the Office of
forward and relieves the offender of the Ombudsman a complaint for acts
the penalty of the offense for which of lasciviousness and with the
he has been convicted; it does not Supreme Court a petition for
work for the restoration of the rights disbarment against him. Forthwith,
to hold public office, or the right of he filed separate motions to dismiss
suffrage, unless such rights are the complaint for acts of
expressly restored by means of lasciviousness and petition for
pardon, while AMNESTY looks disbarment, claiming lack of
backward and abolishes the offense jurisdiction over his person and
and its effects, as if the person had office. Are both motions meritorious?
committed no offense. d) PARDON (5%) SUGGESTED ANSWER: The
does not alter the fact that the motion to dismiss the complaint of
accused is criminally liable as it the Deputy Ombudsman for the acts
produces only the extinction of the of lasciviousness should be denied
penalty, while AMNESTY removes as only the Ombudsman is included
the criminal liability of the offender in the list of impeachable officers
found in Article XI of the 1987 but of the PDIC. Is dela Renta's
Constitution. Therefore, the contention tenable? (2.5%)
Sandiganbayan has jurisdiction over SUGGESTED ANSWER: The
his prosecution (Office of the contention of Henry dela Renta is
Ombudsman vs. CA, G.R. 146486, not tenable. Dela Renta may be
March 4, 2005). Likewise, the prosecuted for malversation even if
Supreme Court has jurisdiction over he had ceased to be an employee of
the petition for disbarment, as he is a the PNB. At the time of the
member of the bar. His motion to commission of the offense, PNB was
dismiss should be denied (See Rule a government owned and controlled
139 and 139 of the Rules of Court). corporation and therefore, any crime
committed by the Regional Bank
Malversation (2006) 1. In 1982, the Auditor, who is a public officer, is
Philippine National Bank (PNB), then subject to the jurisdiction of the
a government banking institution, Sandiganbayan (See R.A. 7975 as
hired Henry dela Renta, a CPA, as amended by RA. 8249). 2. After his
Regional Bank Auditor. In 1992, he arraignment, the prosecution filed a
resigned and was employed by the motion for his suspension pendente
Philippine Deposit Insurance lite, to which he filed an opposition
Corporation (PDIC), another claiming that he can no longer be
government-owned and controlled suspended as he is no longer an
corporation. In 1995, after the PNB employee of the PNB but that of the
management unearthed many PDIC. Explain whether he may or
irregularities and violations of the may not be suspended. (2.5%)
bank's rules and regulations, dela SUGGESTED ANSWER:Dela Renta
Renta was found to have may still be suspended pendente lite
manipulated certain accounts despite holding a different public
involving trust funds and time office, the PDIC, when he was
deposits of depositors. After charged. The term "office" in Sec. 13
investigation, he was charged with of R.A. 3019 applies to any office
malversation of public funds before which the officer might currently be
the Sandiganbayan. He filed a holding and not necessarily the
motion to dismiss contending he was office or position in relation to which
no longer an employee of the PNB he is charged (Segovia v.
Sandiganbayan, G.R. No. 122740, Article 246 of the Revised Penal
March 30,1998). Code. After trial, they were convicted
of the crime charged. Was the
Infanticide (2006) Ana has been a conviction correct? SUGGESTED
bar girl/GRO at a beer house for ANSWER: The conviction of Ana
more than 2 years. She fell in love and Oniok is not correct. They are
with Oniok, the bartender, who liable for infanticide because they
impregnated her. But Ana did not killed a child less than three days of
inform him about her condition and age (Art. 255, Revised Penal Code).
instead, went home to Cebu to
conceal her shame. However, her Murder & Sec. 25, R.A. No. 9165
parents drove her away. So she (2005) Candido stabbed an innocent
returned to Manila and stayed with bystander who accidentally bumped
Oniok in his boarding house. Upon him. The innocent bystander died as
learning of her pregnancy, already in a result of the stabbing. Candido
an advanced state, Oniok tried to was arrested and was tested to be
persuade her to undergo an positive for the use of “shabu” at the
abortion, but she refused. Because time he committed the stabbing.
of their constant and bitter quarrels, What should be the proper charge
she suffered birth pangs and gave against Candido? Explain. (3%)
birth prematurely to a live baby girl SUGGESTED ANSWER: The killing
while Oniok was at his place of work. was not attended by any of the
Upon coming home and learning qualifying circumstances
what happened, he prevailed upon enumerated under Article 248 of the
Ana to conceal her dishonor. Hence, Revised Penal Code. The killing,
they placed the infant in a shoe box however, constitutes murder
and threw it into a nearby creek. because the commission of a crime
However, an inquisitive neighbor under the influence of prohibited
saw them and with the help of drugs is a qualifying, aggravating
others, retrieved the infant who was circumstance. (Sec. 25, R.A. No.
already dead from drowning. The 9165)
incident was reported to the police
who arrested Ana and Oniok. The 2 Arbitrary Detention; Elements;
were charged with parricide under Grounds (2006) 1. What are the 3
ways of committing arbitrary service of the notice of such order to
detention? Explain each. (2.5.%) said prisoner or the proceedings
SUGGESTED ANSWER: The 3 upon any petition for the liberation of
ways of arbitrary detention are: a) such person (Art. 126, Revised
Arbitrary detention by detaining a Penal Code). 2. What are the legal
person without legal ground grounds for detention? (2.5%)
committed by any public officer or SUGGESTED ANSWER: The
employee who, without legal commission of a crime, or violent
grounds, detains a person (Art. 124, insanity or any other ailment
Revised Penal Code). b) Delay in requiring the compulsory
the delivery of detained persons to confinement of the patient in a
the proper judicial authorities which hospital shall be considered legal
is committed by a public officer or grounds for the detention of any
employee who shall detain any person (Art. 124[2], Revised Penal
person for some legal ground and Code). 3. When is an arrest by a
shall fail to deliver such person to peace officer or by a private person
the proper judicial authorities within considered lawful? Explain. (5%) 1.
the period of: twelve (12) hours, for When the arrest by a peace officer is
crimes or offense punishable by light made pursuant to a valid warrant. 2.
penalties, or their equivalent; A peace officer or a private person
eighteen hours (18), for crimes or may, without a warrant, arrest a
offenses punishable by correctional person: i. When, in his presence, the
facilities, or their equivalent; and person to be arrested has
thirty-six (36) hours for crimes or committed, is actually committing, or
offenses punishable by afflictive or is attempting to commit an offense,
capital penalties, or their equivalent ii. When an offense has in fact just
(Art. 125, Revised Penal Code). c) been committed, and he has
Delaying release is committed by personal knowledge of facts
any public officer or employee who indicating that the person to be
delays the release for the period of arrested has committed it, and iii.
time specified therein the When the person to be arrested is a
performance of any judicial or prisoner who has escaped from
executive order for the release of the penal establishment or place where
prisoner, or unduly delays the he is serving final judgment or
temporarily confined while his case they smashed his head with a shovel
is pending, or has escaped while and buried him in the sand.
being transferred from one However, they were seen by a
confinement to another (Sec. 5, Rule barangay kagawad who arrested
113,1985 Rules on Criminal them and brought them to the police
Procedure). station. Upon interrogation, they
confessed and pointed to Jaime,
Kidnapping (2006) Jaime, Andy and Andy, Jimmy and Mario as those
Jimmy, laborers in the noodles responsible for the kidnapping.
factory of Luke Tan, agreed to kill Later, the 4 were arrested and
him due to his arrogance and charged. What crime or crimes did
miserliness. One afternoon, they the 6 suspects commit? (5%)
seized him and loaded him in a taxi ALTERNATIVE ANSWER: a) Jaime,
driven by Mario. They told Mario Andy and Jimmy committed
they will only teach Luke a lesson in kidnapping with homicide. The
Christian humility. Mario drove them original intention was to demand
to a fishpond in Navotas where Luke ransom from the family with the
was entrusted to Emil and Louie, the threat of killing. As a consequence of
fishpond caretakers, asking them to the kidnapping, however, Luke was
hide Luke in their shack because he killed. Thus, the victim was deprived
was running from the NBI. The trio of his freedom and the subsequent
then left in Mario's car for Manila killing, though committed by another
where they called up Luke's family person, was a consequence of the
and threatened them to kill Luke detention. Hence, this properly
unless they give a ransom within 24 qualified the crime as the special
hours. Unknown to them, because of complex crime of kidnapping for
a leak, the kidnapping was ransom with homicide (People v.
announced over the radio and TV. Mamarion, G.R. No. 137554,
Emil and Louie heard the broadcast October 1, 2003; Art. 267, Revised
and panicked, especially when the Penal Code). b) Emil and Louie who
announcer stated that there is a smashed the head of the victim and
shoot-to-kill order for the kidnappers. buried the latter in the sand
Emil and Louie took Luke to the committed murder qualified by
seashore of Dagat-dagatan where treachery or abuse of superior
strength. They are not liable for c) Mario has no liability since he was
kidnapping because they did not not aware of the criminal intent and
conspire, nor are they aware of the design of Jaime, Andy and Jimmy.
intention to detain Luke whom they His act of bringing Luke to Navotas
were informed was hiding from the for "a lesson in Christian humility"
NBI (Art. 248, Revised Penal Code). does not constitute a crime.
c) Mario has no liability since he was
not aware of the criminal intent and Kidnapping; Illegal Detention;
design of Jaime, Andy and Jimmy. Minority (2006) Dang was a beauty
His act of bringing Luke to Navotas queen in a university. Job, a rich
for "a lesson in Christian humility" classmate, was so enamored with
does not constitute a crime. her that he persistently wooed and
Alternative Answer: a) Jaime, Andy pursued her. Dang, being in love
and Jimmy committed kidnapping with another man, rejected him. This
with ransom. After kidnapping Luke, angered Job, Sometime in
they demanded ransom with the September 2003, while Dang and
threat of killing him. However, the her sister Lyn were on their way
killing of Luke is separate from the home, Job and his minor friend
kidnapping having been committed Nonoy grabbed them and pushed
by other persons, who had nothing them inside a white van. They
to do with the kidnapping, and who brought them to an abandoned
will be liable for a different crime warehouse where they forced them
(Penultimate par. of Art. 267, to dance naked. Thereafter, they
Revised Penal Code). b) Emil and brought them to a hill in a nearby
Louie who smashed the head of the barangay where they took turns
victim and buried the latter in the raping them. After satisfying their
sand committed murder qualified by lust, Job ordered Nonoy to push
treachery or abuse of superior Dang down a ravine, resulting in her
strength. They are not liable for death. Lyn ran away but Job and
kidnapping because they did not Nonoy chased her and pushed her
conspire, nor are they aware of the inside the van. Then the duo drove
intention to detain Luke whom they away. Lyn was never seen again. 1.
were informed was hiding from the What crime or crimes were
NBI (Art. 248, Revised Penal Code). committed by Job and Nonoy?
(2.5%) SUGGESTED ANSWER:Job the case of the minor Nonoy, his
and Nonoy committed 1) kidnapping penalty shall be one degree lower
and serious illegal detention with (Art. 68, Revised Penal Code). 3.
homicide and rape for the Will Nonoy's minority exculpate him?
subsequent death of Dang, and 2) (2.5%) SUGGESTED ANSWER:
kidnapping with rape against her Under RA. 9344, the Juvenile
sister, Lyn. The victims, who were Justice and Reform Act, which
kidnapped and detained, were retroacts to the date that the crime
subsequently raped and killed (as was committed, Nonoy will be
regards Dang) in the course of their exculpated if he was 15 years old or
detention. The composite crime is below. However, if he was above 15
committed regardless of whether the years old but below 18 years of age,
subsequent crimes were purposely he will be liable if he acted with
sought or merely an afterthought discernment. As the problem shows
(People v. Larranaga, G.R. Nos. that Nonoy acted with discernment,
138874-5, Februarys, 2004). he will be entitled to a suspension of
ALTERNATIVE ANSWER: Job and sentence.(NOTABENE: R.A. 9344 is
Nonoy committed 2 counts of the outside the coverage of the
complex crime of forcible abduction examination) 4. Is the non-recovery
with rape (Art. 342, Revised Penal of Lyn's body material to the criminal
Code) and the separate offense of liability of Job and Nonoy? (2.5%)
murder against Dang. The crime SUGGESTED ANSWER: The non-
committed is abduction because recovery of Lyn's body is not
there was lewd design when they material to the criminal liability of Job
took the victims away and and Nonoy, because the corpus
subsequently raped them. The killing delicti of the crime which is
thereafter, constitutes the separate kidnapping with rape of Lyn has
offense of murder qualified by been duly proven. ALTERNATIVE
treachery. 2. What penalties should ANSWER: The non-recovery of
be imposed on them? (2.5%) Lyn's body is not material to the
SUGGESTED ANSWER: Since the criminal liability of Job and Nonoy,
death penalty has already been because the corpus delicti of the
prohibited, reclusion perpetua is the crime which is forcible abduction
appropriate penalty (RA. 9346). In
with rape of Lyn has been duly SUGGESTED ANSWER: The
proven. offense is Qualified Theft under Sec.
68 of P.D. 705, amending P.D. No.
Trespass to Dwelling; Private 330, which penalizes any person
Persons (2006) Under what who directly or indirectly cuts,
situations may a private person enter gathers, removes, or smuggles
any dwelling, residence, or other timber, or other forest products from
establishments without being liable any of the public forest. The Balara
for trespass to dwelling? (2.5%) Watershed is protected by the cited
SUGGESTED ANSWER Trespass laws. 2. During the preliminary
to dwelling is not applicable to any investigation and up to the trial
person who shall enter another's proper, Rene and Dante contended
dwelling for the purpose of: a) that if they were to be held liable,
Preventing some serious harm to their liability should be limited only to
himself, its occupants, or a third the newly-cut logs found in their
person; and b) Rendering service to possession but not to those found
humanity or justice; Any person who outside the gate. If you were the
shall enter cafes, taverns, inns, and judge, what will be your ruling?
other public houses, while the same (2.5%) SUGGESTED ANSWER:
are open will likewise not be liable The contention is untenable, the
(Art. 280, Revised Penal Code). presence of the newly cut logs
outside the gate is circumstantial
Theft; Qualified Theft (2006) 1. evidence, which, if unrebutted,
Forest Ranger Jay Velasco was establishes that they are the
patrolling the Balara Watershed and offenders who gathered the same.
Reservoir when he noticed a big pile
of cut logs outside the gate of the Unjust Vexation vs. Act of
watershed. Curious, he scouted Lasciviousness (2006) Eduardo
around and after a few minutes, he Quintos, a widower for the past 10
saw Rene and Dante coming out of years, felt that his retirement at the
the gate with some more newly-cut age of 70 gave him the opportunity
logs. He apprehended and charged to engage in his favorite pastime —
them with the proper offense. What voyeurism. If not using his high-
is that offense? Explain. powered binoculars to peep at his
neighbor's homes and domestic demeans the intrinsic worth and
activities, his second choice was to dignity of a child as a human being.
follow sweet young girls. One day, In relation thereto, Section 10
he trailed a teenage girl up to the provides criminal liability for other
LRT station at EDSABuendia. While acts of child abuse, cruelty or
ascending the stairs, he stayed one exploitation, or for other conditions
step behind her and in a moment of prejudicial to the child's
bravado, placed his hand on her left development. The reaction of the
hip and gently massaged it. She victim, screaming for help upon the
screamed and shouted for help. occurrence of the touching indicates
Eduardo was arrested and charged that she perceived her dignity was
with acts of lasciviousness. Is the being debased or violated.
designation of the crime correct?
(5%) ALTERNATIVE ANSWER: The Child Abuse; RA 7610 (2006)
designation of the crime as acts of Eduardo Quintos, a widower for the
lasciviousness is not correct. There past 10 years, felt that his retirement
is no lewd design exhibited by at the age of 70 gave him the
Eduardo when he placed his hand opportunity to engage in his favorite
on the left hip of the victim and pastime — voyeurism. If not using
gently massaging it. The act does his high-powered binoculars to peep
not clearly show an exclusively at his neighbor's homes and
sexual motivation. The crime he domestic activities, his second
committed is only unjust vexation for choice was to follow sweet young
causing annoyance, irritation or girls. One day, he trailed a teenage
disturbance to the victim (Art. 287, girl up to the LRT station at
Revised Penal Code), not acts of EDSABuendia. While ascending the
lasciviousness (Art. 336, Revised stairs, he stayed one step behind her
Penal Code). ALTERNATIVE and in a moment of bravado, placed
ANSWER: The crime should be his hand on her left hip and gently
Other Acts of Child Abuse under massaged it. She screamed and
Section 10 of RA. 7610, par. b of shouted for help. Eduardo was
Section 3 that refers to child abuse arrested and charged with acts of
committed by any act, deeds or lasciviousness. Is the designation of
words which debases, degrades or the crime correct? (5%)
ALTERNATIVE ANSWER: The driven by PO3 Pepito Lorbes. On the
crime should be Other Acts of Child way to Camp Crame and upon
Abuse under Section 10 of RA. nearing White Plains corner EDSA,
7610, par. b of Section 3 that refers Chief Inspector Gamboa ordered
to child abuse committed by any act, PO3 Lorbes to stop the car. They
deeds or words which debases, brought out the drugs from the case
degrades or demeans the intrinsic in the trunk and got 3 plastic sacks
worth and dignity of a child as a of heroin. They then told Ong to
human being. In relation thereto, alight from the car. Ong left with the
Section 10 provides criminal liability 2 remaining plastic sacks of heroin.
for other acts of child abuse, cruelty Chief Inspector Gamboa advised
or exploitation, or for other him to keep silent and go home
conditions prejudicial to the child's which the latter did. Unknown to
development. The reaction of the them, an NBI team of agents had
victim, screaming for help upon the been following them and witnessed
occurrence of the touching indicates the transaction. They arrested Chief
that she perceived her dignity was Inspector Gamboa and PO3 Lorbes.
being debased or violated. Meanwhile, another NBI team
followed Ong and likewise arrested
Dangerous Drugs Act (2006) After him. All of them were later charged.
receiving reliable information that What are their respective criminal
Dante Ong, a notorious drug liabilities? (5%) SUGGESTED
smuggler, was arriving on PAL Flight ANSWER:Chief Inspector Gamboa
NO. PR 181, PNP Chief Inspector and PO3 Pepito Lorbes who
Samuel Gamboa formed a group of conspired in taking the attache case
anti-drug agents. When Ong arrived are liable for the following crimes
at the airport, the group arrested him defined under RA. 9165: a) Sec. 27
and seized his attache case. Upon for misappropriation or failure to
inspection inside the Immigration account for the confiscated or seized
holding area, the attache case dangerous drugs. b) Sec. 4 in
yielded 5 plastic bags of heroin relation to Sec. 3(ee) for their acts as
weighing 500 grams. Chief Inspector protector/coddler of Dante Ong who
Gamboa took the attache case and imported drugs In addition, by
boarded him in an unmarked car allowing Ong to escape prosecution
for illegal importation or illegal Mang Juan insisted and brought
transportation of dangerous drugs, Annie to his house to work as a
where the penalty is life maid. 1. Was a crime committed by
imprisonment to death, they are also Mang Juan when he brought Annie
liable for qualified bribery under Art. to his house as maid for the purpose
211-A of the Revised Penal Code. of repaying her mother's loan?
With respect to Dante Ong, he is (2.5%) SUGGESTED ANSWER:
guilty of illegal importation of Yes. Mang Juan committed the
dangerous drugs under Sec. 4, R.A. crime of exploitation of child labor
9165, if PR 181 is an international which is committed by any persons
flight. If PR 181 is a domestic flight, who under the pretext of reimbursing
he is liable for violation of Sec. 5, himself of a debt incurred by an
RA. 9165 for illegal transportation of ascendant, guardian or person
dangerous drugs. entrusted with the custody of a
minor, shall, against the latter's will,
RA 7610 – Child Exploitation (2006) retainh im in his service (Art. 273,
Aling Maria received an urgent Revised Penal Code). He can also
telephone call from Junior, her eldest be liable as an employer for the
son, asking for P2,000.00 to employment of a minor below 15 yrs.
complete his semestral tuition fees old, under Sec. 12, Art. 8 of RA.
preparatory to his final exams in 7610. 2. If Aling Maria herself was
Commerce. Distressed and made to work as a housemaid in
disturbed, she borrowed money from Mang Juan's household to pay her
her compadre Mang Juan with the loan, did he commit a crime? (2.5%)
assurance to pay him within 2 SUGGESTED ANSWER: Yes. Mang
months. Two months lapsed but Juan committed the crime of
Aling Maria failed to settle her involuntary servitude for rendering
obligation. Mang Juan told Aling services under compulsion and
Maria that she does not have to pay payment of debts. This is committed
the loan if she will allow her by any person who, in order to
youngest 10-year old daughter Annie require or enforce the payment of a
to work as a housemaid in his house debt, shall compel the debtor to work
for 2 months at Pl,000.00 a month. for him, against his will, as
Despite Aling Maria's objection,
household servant or farm laborer g. Destierro;
(Art. 274, Revised Penal Code) h. Fine and bond to keep peace;
i. Civil Interdiction;
j. Confiscation and payment of cost.
Criminal Law Category
Use of Aliases | 2.5% | | The above penalties, except
Motive | 5% | | destierro, may be served
Suspension of Sentence | 5% | | simultaneously with imprisonment.
Amnesty | 2.5% | | (Article 70, Revised Penal Code)
Pardon vs. Amnesty | 2.5% | |
Jurisdiction | 5% | | Prison terms may also be served
Malversation | 2.5% | | simultaneously whenever there are
Kidnapping | 5% | | more than three (3) convictions
Theft | 5% | | imposing imprisonment as penalties
Unjust Vexation | 5% | | and the Three-Fold Rule under
Child Abuse | 5% | | Article 70 of
Dangerous Drugs Act | 5% | | the Revised Penal Code is made
RA 7610 - Child Exploitation| 5% | to apply.

II.
2007
(10%)

2007 Tiburcio asked Anastacio to join

their group for a "session".
What are the penalties that may Thinking that it was for a mahjong
be served simultaneously? session, Anastacio agreed. Upon
a. Perpetual absolute reaching Tiburcio’s house,
disqualification; Anastacio discovered that it was
b. Perpetual special disqualification; actually a shabu session. At that
c. Temporary absolute precise time, the place was raided
disqualification; by the police, and Anastacio was
d. Temporary special among those arrested.What crime
disqualification; can Anastacio be charged with, if
e. Suspension; any? Explain your answer.
f. Public censure; Alternative Answer:
Anastacio can be charged with III.
violation of Section 7, Article 2, RA (10%)
9165, otherwise known as
Jervis and Marlon asked their
the Comprehensive Drug Act of
friend, Jonathan, to help them rob
2002, which punishes any person
a bank. Jervis and Marlon went
who visits a den, dive or resort,
inside the bank, but were unable
knowing the nature of the place as
to get any money from the vault
such.
because the same was protected
by a time-delay mechanism. They
A den, dive, resort is a place where
contented themselves with the
any dangerous drugs and essential
customer’s cellphones and a total
chemicals is administered, delivered,
of P5,000 in cash. After they
stored, sold or used in any form.
dashed out of the bank and
(Section 3[1], Article 1, RA 9165).
rushed into the car, Jonathan
pulled the car out of the curb,
However, Anastacio could interpose
hitting a pedestrian which
as a defense for his exculpation that
resulted in the latter’s death. What
he is now aware that the house of
crime or crimes did Jervis, Marlon
Tiburcio is a den or dive.
and Jonathan commit? Explain
your answer.
Alternative Answer:
Anastacio can not be charged with
Alternative Answer:
any crime. The facts spelled out in
Assuming the acts were attended by
the problem clearly shows he was
the use of force and intimidation in
unaware that he is being led to a
robbing the bank, Jonathan, Marlon
shabu session. It was his thinking it
and Jervis committed the special
was a mahjong session.
complex crime of attempted robbery
with homicide. The subsequent
The problem does not state he was
running over of the pedestrian in the
in possession of any dangerous
course of their escape was by
drugs. Thus, when he was arrested,
reason or on occasion of the
he has just arrived in the session
robbery, thereby qualifying the crime
and that was the only time he
as attempted robbery with homicide.
discovered it was a pot session.
Having acted in conspiracy with mechanism prevented them from
Jervis and Marlon, Jonathan should performing all the acts of execution,
also be charged with attempted a cause or reason other than their
robbery with homicide. spontaneous desistance.

IV.
On the other hand, he asking of the
(10%)
cellphones and P5,000.00 from the
customers are the separate acts of Macky, a security guard, arrived
Jervis and Marlon, and do not home late one night after
involve Jonathan as it was not part rendering overtime. He was
of their original agreement. Jervis shocked to see Joy, his wife, and
and Marlon should be charged for Ken, his best friend, in the act of
the crime of robbery. having sexual intercourse. Macky
pulled out his service gun and
Alternative Answer: shot and killed Ken.
As the facts do not indicate any
weapons or use of force or The court found that Ken died
intimidation, Jervis and Marlon can under exceptional circumtances
only be charged with theft for the and exonerated Macky of murder
taking of the cellphones and but sentenced him to destierro,
P5,000.00 from the customers. conformably with Article 247 of
Jonathan is solely liable for reckless the Revised Penal Code. The
imprudence resulting in homicide for court also ordered Macky to pay
the killing of the pedestrian. indemnity to the heirs of the
victim in the amount of P50,000.
Jervis, Marlon and Jonathan can be
charged as co-principals for a. Did the court correctly order
attempted theft in their failed effort to Macky to pay indemnity even
take money from the vault pursuant though he was exonerated of
to their conspiracy. It is possible that murder? Explain your answer.
the vault could have been left open Alternative Answer:
during the business hours of The court correctly ordered Macky to
the bank. However, at the time of the pay indemnity. Death under
commencement of the crime delay exceptional circumstances as
defined under Article 247 is an punishment.” We therefore can
absolutory cause that exempts the not apply the provision of Article 100
offender from criminal liability. In of the Revised Penal Code that a
exempting circumstances, there is a person criminally liable is also civilly
crime but there is no offender liable.
because the latter is exempt. There
being a crime committed, civil liability b. While serving his sentenced,
may be properly awarded. (People v. Macky entered the prohibited area
Coricor, G.R. No. 48768, December and had a pot session with Ivy
4, 1947). (Joy’s sister). Is Macky entitled to
an indeterminate sentence in case
Alternative Answer: he is found guilty of the use of
The court committed an error when it prohibited substances? Explain
also ordered Macky to pay indemnity your answer.
to the heirs of the victim. In People
v. Abarca, G.R. No. L-74433, The Indeterminate Sentence Law
September 14, 1987, the Supreme provides that its provisions shall
Court did not impose civil liability to not apply to persons who have
be paid to the accused appellant to evaded sentence, among others
the heirs of the person whom he (Section 2, Indeterminate Sentence
killed pursuant to the provision of Law). Macky is not entitled to an
Article 247 of indeterminate sentence because he
the Revised Penal Code since “xxx had evaded his sentence by entering
inflicting death under exceptional the prohibited area. Evasion of
circumstances is not murder xxx” service is not only committed when
the penalty of confinement or
Moreover, as held in People v. imprisonment is imposed but also
Coricor, G.R. No. 48768, December when the penalty is destierro
4, 1947 reiterated in People v. because it involves deprivation of
Araquel, G.R. No. L-12629, liberty.
December 9, 1959, this penalty
V.
(referring to Destierro) is “mere
(10%)
banishment and is intended more for
the protection of the accused than a
a. Distinguish between
an accomplice and a conspirator. Classes of offenders in the crime of
Distinction between qualified seduction:
an accomplice and a conspirator: 1. Those who abuse their authority,
1. As to the criminal intent, Example: Guardian, teacher and
conspirators know the criminal persons in authority
intention because they themselves
have decided upon such course of 2. Those who abused the confidence
action. Accomplices come to know reposed in them,
about it after the principals have Example: Priest, house servant or a
reached the decision, and only then domestic
do they agree to cooperate in its
execution. 3. Those who abuse their
relationship.
2. As to the decision to commit the Example: Brother or ascendant,
crime, conspirators decide that a whether legitimate or illegitimate
crime should be committed; (Article 337, Revised Penal Code)
accomplices do not decide whether
VI.
the crime should be committed, they
(10%)
merely assent to the plan and
cooperate in its accomplishment. What are the different acts of
inciting to sedition?
3. As to their participation, The different acts of inciting to
conspirators are the authors of a sedition are:
crime, accomplices are merely their 1. Inciting others to be
instruments who perform acts not accomplishment of any of the acts
essential to the perpetration of the which constitute sedition by means
offense. (People v. Garcia, G.R. No. of speeches, proclamations, writings,
133489, January 15, 2002). emblems, etc.

b. What are the three (3) classes 2. Uttering seditious words or

of offender in the crime of speeches which tend to disturb the
qualified seduction? Give an public peace.
example of each.
3. Writing, publishing, or circulating three others must only be convicted
scurrilous libels against the of homicide through reckless
Government or any of the duly imprudence because they did not
constituted authorities thereof, which have any intent to kill when they
tend to disturb public peace or who treated the victim. There was
knowingly concealing such evil reckless imprudence because the
practices. (Article 142, Revised faith-healer and the three others
Penal Code) treated the victim knowing that they
do not have the necessary
VII.
knowledge and skill to do so and
(10%)
they failed to exercise the necessary
Eddie brought his son Randy to a precaution in healing the victim.
local faithhealer known as (People v. Carmen, G.R. No.
"Mother Himala." He was 137268, March 26, 2001)
diagnosed by the faithhealer as
VIII
being possessed by an evil spirit.
(10%)
Eddie thereupon authorized the
conduct of a "treatment" Fe is the manager of a rice mill in
calculated to drive the spirit from Bulacan. In order to support a
the boy’s body. Unfortunately, the gambling debt, Fe made it appear
procedure conducted resulted in that the rice mill was earning less
the boy’s death. than it actually was by writing in a
"talaan" or ledger a figure lower
The faithhealer and tree others than what was collected and paid
who were part of the healing ritual by their customers. Fe then
were charged with murder and pocketed the difference. What
convicted by the lower court. If crime/s did Fe commit, If any?
you are appellate court Justice, Explain your answer.
would you sustain the conviction
upon appeal? Explain your Alternative Answer:
answer. Fe is liable for the crime of qualified
theft. Fe did not acquire juridical
No, the conviction of murder will not possession of the money. Fe’s
sustained. The faith-healer and the possession is still possession of her
employer. The falsification of the operation, and does not constitute a
talaan or ledger was but a means to separate crime of falsification.
facilitate or conceal the crime. The
IX.
falsification of the talaan or ledger to
(10%)
a figure lower than what was paid by
their customers is merely intended to During a concert of Gary V. and in
conceal the misappropriation of the order to prevent the crowd from
money derived from the rice mill rushing to the stage, Rafael
operation. Padilla {a security guard} pointed
his gun at the onrush of people.
Considering that a special When the crowd still pushed
confidential or fiduciary relationship forward, Rafael fired his gun into
exists between her and her air to scare them off. However, the
employer, the crime committed by bullet hit one of the metal roof
Fe is qualified theft under Article 310 supports, ricocheted and then hit
of the Revised Penal Code by taking one of the stage crew members,
the employer’s money. causing injuries which resulted in
the latter’s confinement in a
Alternative Answer: hospital for twelve days. What
Fe committed the crime of estafa by crime/s did Rafael commit?
misappropriating or converting Explain your answer.
money, goods or any other personal
properties received in trust, to the Alternative Answer:
prejudice of another. As general Rafael Padilla committed the
manager, Fe performs acts of complex crime of Illegal Discharge of
administration, including the receipt Firearm with Less Serious Physical
and custody of money paid by Injuries.
customers. (Article 315, par. 1[b],
Revised Penal Code). The Before he fired his gun, it was
falsification of the talaan or ledger to pointed at the onrushing people.
a figure lower than what was paid by When the crowd pushed forward, he
their customers is merely intended to fired his gun upward to scare them
conceal the misappropriation of the off. At this point, the crime is illegal
money derived from the rice mill discharge of firearm, even if the gun
was not pointed at the offended 12, par. 4, Revised Penal Code).
party, as long as it was initially
aimed at or against the offended The rule that a person can be held
party. (Reyes, Revised Penal Code, liable for illegal discharge of firearm
Book II, 2006 ed., p. 490.) when he “initially aimed” at the
offended party even if the firearm
However, Rafael Padilla is also liable was fired or discharged when no
for the injury of the crew member longer pointed at the offended party
since it is the natural and logical is anchored on the fact that he “was
consequence of firing the gun. about to shoot the offended party.”
(Article 4, par. 1, RPC) Since a (People v. Ramirez, G.R. No.
single act resulted in two crimes, one 240084, November 3, 1925). Here,
illegal discharge of firearm and the the security guard (Rafael Padilla)
other, less serious physical injuries, did not point the firearm to the
he is liable for the complex crime of people who continued the onrushing;
illegal discharge of firearm with less he did not fire at them; he pointed
serious physical injuries. (Article 48, the gun into the air and fired to
Revised Penal Code; People v. prevent graver consequences.
Arquiza, G.R. Nos. 42128-29,
X.
December 19, 1935).
(10%)

Alternative Answer: Pinky was a lessee of a market

Rafael Padilla has not committed stall owned by Giovanni. When
any crime. His purpose in firing his Pinky refused to pay her rental,
gun into the air is to prevent the Giovanni nailed some wooden
onrush of people which could result barricades on one of the sides of
in death or injuries. He was therefore the market stall and posted this
in the performance of a lawful act warning: "We have closed this
with due care because he did not fire portion of the door. Do not open it
indiscriminately. He has no fault or or else something may happen to
intention of causing the resultant you." What crime/s did Giovanni
damage to property and the injury to commit, if any? Explain your
the stage crew member. What answer.
happened was an accident. (Article
Giovanni committed the crime of Inciting to Sedition | 10% |
Unjust Vexation. Unjust vexation Homicide/Reckless Imprudence |
includes any human conduct which, 10% |
although not productive of physical Theft/Estafa | 10% |
or material harm would, however, Firearms | 10% |
unjustly annoy or vex an innocent Unjust Vexation | 10% |
person. The act of the accused in 2008
nailing the barricades with a warning
not to open the door “or else 2008
something will happen to you” does
not constitute such a serious threat a) After due hearing on a petition for
or intimidation amounting to grave a writ of amparo founded on the acts
coercion but merely the crime of of enforced disappearance and
unjust vexation penalized under extralegal killing of the son of the
paragraph 2, Article 287 of the complainant allegedly done by the
Revised Penal Code. (People v. respondent military officers, the court
Banzon, et.al., G.R. No. 05388, granted the petition. May the military
October 21, 1969, cited in Reyes officers be criminally charged in
Book II, 2006 Ed., p. 605). court with enforced disappearance
and extralegal killing? Explain fully.
(3%)
b) SUGGESTED ANSWER: a) No.
"Enforced disappearance and
extralegal killing" is not per se a
criminal offense although it is
wrongful. The grant of a writ of
amparo only provides a. relief; it
Criminal Law Category does not establish a basis for a
Penalties | 10% | crime. Unless the writ was issued
Drugs | 10% | because of specific overt acts shown
Robbery | 10% | to have been committed by the
Civil Liability | 10% | respondent military officers and such
Accomplice/Conspirator | 10% | acts are crimes under penal laws, no
Qualified Seduction | 10% | criminal charge may be routinely
filed just because the petition for the his acquiescence to the vigilante's
writ was granted. conclusion that the others were
b) Are human rights violations corrupt and deserved to be killed,
considered as crimes in the mere acquiescence to a crime,
Philippines? Explain. (3%) absent any criminal participation,
SUGGESTED ANSWER: B) Not does not make one a co-conspirator.
necessarily, since there are human
rights violations which do not amount XV Roger, the leader of a crime
to criminal offenses. In this country, syndicate in Malate, Manila,
there can be no crime when there is demanded the payment by Antonio,
no law punishing an act or omission the owner of a motel in that area, of
as a crime. P10,000 a month as 'protection
money". With the monthly payments,
XI Ricky was reviewing for the bar Roger assured, the syndicate would
exam when the commander of a provide protection to Antonio, his
vigilante group came to him and business, and his employees.
showed him a list of five policemen Should Antonio refuse, Roger
to be liquidated by them for graft and warned, the motel owner would
corruption. He was further asked if either be killed or his establishment
any of them is innocent. After going destroyed. Antonio refused to pay
over the list, Ricky pointed to two of the protection money. Days later, at
the policemen as honest. Later, the around 3:00 in the morning, Mauro,
vigilante group liquidated the three a member of the criminal syndicate,
other policemen in the list. The arrived at Antonio's home and hurled
commander of the vigilante group a grenade into an open window of
reported the liquidation to Ricky. Is the bedroom where Antonio, his wife
Ricky criminally liable? Explain. (7%) and their three year-old daughter
SUGGESTED ANSWER: No, Ricky were sleeping. All three of them
is not criminally liable because he were killed instantly when the
has not done any overt act that the grenade exploded. State, with
law punishes as a crime. He did not reasons, the crime or crimes that
conspire with the vigilante group. had been committed as well as the
Although his act of pointing out two aggravating circumstances, if any,
policemen as honest men may imply attendant thereto. (7%)
SUGGESTED ANSWER: By killed; and 4. The offense was
demanding "protection money" committed by a person who belongs
under threat and intimidation that the to an organized/syndicated crime
businessman (Antonio) would be group under the Heinous Crimes
killed or his establishment destroyed Law (Sec. 23 R.A. 7659), amending
if he would refuse to pay the for this purpose Art. 62(1) of the
protection money, the crime of grave Revised Penal Code.
threats is committed by Roger, the
leader of the crime syndicate. For CRIMINAL LAW CATEGORY
killing the businessman, his wife and
Enforced Disappearance and Extralegal
three year-old daughter, the complex
Killing: 6%
crime of multiple murder was
committed by Mauro, a member of
Human Rights Violations: 3%
the same crime syndicate. The killing
is qualified by the use of an Conspiracy and Overt Acts: 7%
explosive (hand grenade). The
Demanding "Protection Money" and
treachery attending the killing shall
Multiple Murder: 7%
be separately appreciated as
another aggravating circumstance
Aggravating Circumstances: 7%
aside from the use of explosive as
the qualifying circumstance. Other SUMMARY
aggravating circumstances which
Based on the analysis of the BAR
may be appreciated are: 1. Dwelling,
questions on Criminal Law from
because the killings were committed
2004-2008 using Lex Pareto Notes,
in the home of the victims who had
the following trends and focus areas
not given any provocation; 2.
can be observed:
Nocturnity, considering that the
offenders carried out the killing at Conspiracy is a recurring topic with a
around 3:00 AM, indicative of a consistent presence throughout the
deliberate choice of nighttime for the years. Questions on conspiracy
commission of the crime; 3. make up a significant portion of the
Treachery, under Art. 14, par. 16, BAR exam questions, ranging from
RPC, mentioned above, considering 6% to 7% in different years.
that victims were all asleep when
Other common topics include comprehensive understanding and
criminal liability, complex crimes, preparation.
probation law, penalties, and civil
liability. These topics are
consistently covered in the BAR
exam questions on Criminal Law
during the specified period.

Specific offenses such as murder,

theft, kidnapping, and child abuse
are also common themes in the BAR
exam questions, with various
aspects and nuances of these
crimes being tested.

Recent developments and emerging

issues in Criminal Law, such as
enforced disappearance, extralegal
killing, human rights violations,
demanding "protection money," and
aggravating circumstances, are also
reflected in the BAR exam questions
from 2008.

Overall, the analysis suggests that

the BAR exam questions on Criminal
Law cover a broad range of topics,
with a focus on conspiracy, criminal
liability, specific offenses, and
emerging issues in the field of
Criminal Law. Candidates preparing
for the BAR exam should pay careful
attention to these areas to ensure