AR E'AMINATION 2004

CRIMINA% %A"
19 September 2004 2:00 P.M. 5:00 P.M. INSTRUCTIONS This questionnaire consists of ten (10) pages, excluding this cover. There are ten Roman numbers divided into sub-sets ith corresponding percentages. Read each question ver! carefull!. "ns er it directl!, concisel!, and clearl!. #rite legibl!. $tart each Roman number on a separate page. "n ans er to a sub-question under the same number ma! be ritten continuousl! on the same and immediatel! succeeding pages until completed. %o not repeat the questions. " mere &'es( or &)o( ans er to a problem ithout explanation or discussion ill not be given an! credit. HAND IN YOUR NOTE OO! "ITH THIS #UESTIONNAIRE. $OOD %UC! & &

#UESTION NO. I ". RR represented to "", **, ++ and %% that she could send them to ,ondon to or- there as sales ladies and aitresses. $he collected and received from them various amounts of mone! for recruitment and placement fees totalling ./00,000. "fter their dates of departure ere postponed several times, the four prospects got suspicious and ent to .01" (.hil. 0verseas 1mplo!ment "uthorit!). There the! found out that RR as not authori2ed nor licensed to recruit or-ers for emplo!ment abroad. The! sought refund to no avail. 3s RR guilt! of an! grave offense4 1xplain briefl!. *. (56)

%"), a private individual, -idnapped +78, a minor. 0n the second da!, %") released +78 even before an! criminal information as filed against him. "t the trial of his case, %") raised the defense that he did not incur an! criminal liabilit! since he released the child before the lapse of the 9-da! period and before criminal proceedings for -idnapping ere instituted. #ill %"):s defense prosper4 Reason briefl!. #UESTION NO. II (56)

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0n his a! home from office, ;; rode in a <eepne!. $ubsequentl!, == boarded the same <eepne!. 8pon reaching a secluded spot in >+, == pulled out a grenade from his bag and announced a hold-up. 7e told ;; to surrender his atch, allet and cellphone. ?earing for his life, ;; <umped out of the vehicle. *ut as he fell, his head hit the pavement, causing his instant death. 3s == liable for ;;:s death4 1xplain briefl!. (56)

*.

@)0, ho is 90 !ears old, as charged as a drug pusher under the +omprehensive %angerous %rugs "ct of A00A. %uring pre-trial, he offered to plead guilt! to the lesser offense concerning use of dangerous drugs. $hould the Budge allo @)0:s plea to the lesser offense4 1xplain briefl!. (56)

#UESTION NO. III ". ** and ++, both armed ith -nives, attac-ed ?T. The victim:s son, $T, upon seeing the attac-, dre his gun but as prevented from shooting the attac-ers b! "", ho grappled ith him for possession of the gun. ?T died from -nife ounds. "", ** and ++ ere charged ith murder. 3n his defense, "" invo-ed the <ustif!ing circumstance of avoidance of greater evil or in<ur!, contending that b! preventing $T from shooting ** and ++, he merel! avoided a greater evil. #ill "":s defense prosper4 Reason briefl!. *. (56)

.= as convicted and sentenced to imprisonment of thirt! da!s and a fine of one hundred pesos. .reviousl!, .= as convicted of another crime for hich the penalt! imposed on him as thirt! da!s onl!. 3s .= entitled to probation4 1xplain briefl!. #UESTION NO. I( (56)

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0# is a private person engaged in cattle ranching. 0ne night, he sa "@ stab +C treacherousl!, then thro the dead man:s bod! into a ravine. ?or A5 !ears, +C:s bod! as never seen nor foundD and 0# told no one hat he had itnessed. 'esterda!, after consulting the parish priest, 0# decided to tell the authorities hat he itnessed, and revealed that "@ had -illed +C A5 !ears ago. +an "@ be prosecuted for murder despite the lapse of A5 !ears4 Reason briefl!. (56)

*.

TR' as sentenced to death b! final <udgment. *ut subsequentl! he as granted pardon b! the .resident. The pardon as silent on the perpetual disqualification of TR' to hold an! public office. "fter his pardon, TR' ran for office as @a!or of ".., his hometo n. 7is opponent sought to disqualif! him. TR' contended he is not disqualified because he as alread! pardoned b! the .resident unconditionall!. 3s TR':s contention correct4 Reason briefl!. (56)

#UESTION NO. ( ". 1. A. 9. /. 5. The death penalt! cannot be inflicted under hich of the follo ing circumstancesE #hen the guilt! person is at least 1F !ears of age at the time of the commission of the crime. #hen the guilt! person is more than G0 !ears of age. #hen, upon appeal to or automatic revie b! the $upreme +ourt, the required ma<orit! for the imposition of the death penalt! is not obtained. #hen the person is convicted of a capital crime but before execution becomes insane. #hen the accused is a deliver!. oman hile she is pregnant or (56) ithin one !ear after

1xplain !our ans er or choice briefl!.

*.

+*. is legall! married to 0*@. contracted a second marriage to R$T.

#ithout obtaining a marriage license, +*. (56)

3s +*. liable for bigam!4 Reason briefl!. #UESTION NO. (I ".

+% is the stepfather of ?1,. 0ne da!, +% got ver! mad at ?1, for failing in his college courses. 3n his fur!, +% got the leather suitcase of ?1, and burned it together ith all its contents. 1. A. #hat crime as committed b! +%4 3s +% criminall! liable4 1xplain briefl!. (56)

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HC as convicted of raping T+, his niece, and he as sentenced to death. 3t as alleged in the information that the victim as a minor belo seven !ears old, and her mother testified that she as onl! six !ears and ten months old, hich her aunt corroborated on the itness stand. The information also alleged that the accused as the victim:s uncle, a fact proved b! the prosecution. 0n automatic revie before the $upreme +ourt, accused-appellant contends that capital punishment could not be imposed on him because of the inadequac! of the

charges and the insufficienc! of the evidence to prove all the elements of the heinous crime of rape be!ond reasonable doubt. 3s appellant:s contention correct4 Reason briefl!. #UESTION NO. (II ". "= as convicted of rec-less imprudence resulting in homicide. The trial court sentenced him to a prison term as ell as to pa! .150,000 as civil indemnit! and damages. #hile his appeal as pending, "= met a fatal accident. 7e left a !oung ido , A children, and a million-peso estate. #hat is the effect, if an!, of his death on his criminal as ell as civil liabilit!4 1xplain briefl!. (56) 0; and '0 ere both courting their co-emplo!ee, $81. *ecause of their bitter rivalr!, 0; decided to get rid of '0 b! poisoning him. 0; poured a substance into '0:s coffee thin-ing it as arsenic. 3t turned out that the substance as hite sugar substitute -no n as 1qual. )othing happened to '0 after he dran- the coffee. #hat criminal liabilit! did 0; incur, if an!4 1xplain briefl!. (56) #UESTION NO. (III ". .7 -illed 0B, his political rival in the election campaign for @a!or of their to n. The 3nformation against .7 alleged that he used an unlicensed firearm in the -illing of the victim, and this as proved be!ond reasonable doubt b! the prosecution. The trial court convicted .7 of t o crimesE murder and illegal possession of firearms. 3s the conviction correct4 Reason briefl!. *. (56) (56)

*.

%+*, the daughter of @+*, stole the earrings of =';, a stranger. @+* pa ned the earrings ith T*3 .a nshop as a pledge for .500 loan. %uring the trial, @+* raised the defense that being the mother of %+*, she cannot be held liable as an accessor!. #ill @+*:s defense prosper4 Reason briefl!. (56)

#UESTION NO. I' ". @rs. @)" as charged of child abuse. 3t appears from the evidence that she failed to give immediatel! the required medical attention to her adopted child, *.0, hen he as accidentall! bumped b! her car, resulting in his head in<uries and impaired vision that could lead to night blindness. The accused, according to the social or-er on the case, used to hip him hen he failed to come home on time from school. "lso, to punish him for carelessness in ashing dishes, she sometimes sent him to bed ithout supper. $he moved to quash the charge on the ground that there is no evidence she maltreated her adopted child habituall!. $he added that the accident as caused b! her driver:s negligence. $he did punish her ard for naughtiness or carelessness, but onl! mildl!. 3s her motion meritorious4 Reason briefl!. *. (56)

Together =", '* and ;+ planned to rob @iss 0%. The! entered her house b! brea-ing one of the indo s in her house. "fter ta-ing her personal properties and as the! ere about to leave, =" decided on impulse to rape 0%. "s =" as molesting her, '* and ;+ stood outside the door of her bedroom and did nothing to prevent =" from raping 0%. #hat crime or crimes did =", '* and ;+ commit, and hat is the criminal liabilit! of each4 1xplain briefl!. (56) #UESTION NO. '

%istinguish clearl! but briefl!E (1) (A) (9) (/) (5) *et een rebellion and coup d:etat, based on their constitutive elements as criminal offenses. *et een compound and complex crimes as concepts in the .enal +ode. *et een <ustif!ing and exempting circumstances in criminal la . *et een intent and motive in the commission of an offense. *et een oral defamation and criminal conversation. (106)