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CRIMINAL LAW
Compiled and Arranged By:
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FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers’ forum sites from 2011-2013
and not an original creation or formulation of the authors.
The Authors.
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TABLE OF CONTENTS
(Titles are based on Silliman‟s Compilation [Arranged by Topic])
General Principles
FELONIES
Conspiracy (2012).…………………………………………………………………....................…........12
Conspiracy (2008)..........................................................................................................12
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MITIGATING CIRCUMSTANCES
AGGRAVATING CIRCUMSTANCES
Accomplice (2009).........................................................................................................19
Accomplice (2009).........................................................................................................19
PENALTIES
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Amnesty (2009).............................................................................................................34
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Bribery (2010)...............................................................................................................44
Malversation (2009).......................................................................................................45
Malversation (2008).......................................................................................................46
Malversation (2008).......................................................................................................46
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BP 22 (2013)..................................................................................................................60
BP 22 (2010)..................................................................................................................61
Theft (2012)..................................................................................................................70
Theft (2010)..................................................................................................................71
Theft (2008)..................................................................................................................71
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Concubinage (2010).......................................................................................................72
QUASI-OFFENSES
MISCELLANEOUS
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Torture (2012)...............................................................................................................89
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SUGGESTED ANSWER:
I would advice Senator Salcedo to forgo and
permanently abandon his proposed
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No, because the Philippine Courts have no 2. The law must not be a bill of attainder,
jurisdiction over a crime committed outside meaning it cannot provide
of the Philippine territory. Under the punishment without judicial
principle of territoriality, penal laws, proceedings.
specifically the RPC, are enforceable only 3. The law must not impose cruel,
within the bounds of our territory (Art. 2, unusual or degrading punishment.
RPC).
No person shall be held to answer for a
(b) If Eunice gave her consent to the criminal offense without due process of law.
second marriage, what will your answer be?
Explain. (3%) FELONIES
The answer will be the same. The No. IX. a. Define conspiracy. (5%)
consent of Eunice would not confer
jurisdiction on Philippine Courts. SUGGESTED ANSWER:
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in the list. The commander of the vigilante conspiracy will not be considered as an
group reported the liquidation to Ricky. Is independent felony but as a manner of
Ricky criminally liable? Explain. (7%) incurring criminal responsibility. conspiracy
to commit homicide, not punishable – if “A”
SUGGESTED ANSWER: and “B” conspire to kill “X”, conspiracy
is not punishable. The law provides no
No, there was no conspiracy between Ricky
penalty for conspiracy to be commit
and the Commander of the vigilante. Mere
homicide. Homicide – if pursuant to
vouching for the honesty of the two (2)
conspiracy to commit homicide, “A”
policemen in the list cannot make him a
embraced “X” and then “B” stabbed and
co-conspirator for the killing. Ricky enjoys
killed “X”, the conspirators are equally
the presumption of innocence.
liable for homicide. Conspirators are equally
liable for homicide. Conspiracy in this
case will be considered as a manner of
Conspiracy vs. Conspiracy to Commit
incurring liability.
Rebellion vs. Conspiracy to Commit Murder
(2012)
Rebellion – if they committed rebellion, non-toxic powder which, when mixed with
they are equally liable for the crime of Brad’s food, did not kill Brad.
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Charlie committed an impossible crime of No, the court did not act correctly in
murder. His act of mixing the non- toxic ordering the accused to indemnify the
powder with Brad‟s food, done with intent victim. Since the killing of ken was
to kill, would have constituted murder which committed under the exceptional
is a crime against persons, had it not been circumstances in Article 247, revised Penal
for the employment of a means which, Code, it is the consensus that no crime was
unknown to him, is ineffectual (Art. 4, par. committed in the light of the pronouncement
2, RPC). in People v Cosicor (79
Phil. 672 [1947]) that banishment (destierro)
JUSTIFYING & EXEMPTING is intended more for the protection of the
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Can Jake’s mother and aunt be made The following day, Romeo was found
criminally liable as accessories to the crime catatonic inside the maid’s quarters. He
of murder? Explain. (3 %) was brought to the National Center for
Mental Health (NCMH) where he was
SUGGESTED ANSWER:
diagnosed to be mentally unstable.
Obviously, Jake‟s mother was aware of her
Charged with murder, Romeo pleaded
son‟s having committed a felony, such
insanity as a defense.
that her act of harboring and concealing him
renders her liable as an accessory. But being Will Romeo’s defense prosper? Explain.
an ascendant to Jake, she is exempt from (2%)
criminal liability by express provision of
SUGGESTED ANSWER:
Article
20 of the Revised Penal Code. No, Romeo‟s defense of insanity will not
prosper because, even assuming that
On the other hand, the criminal liability of
Romeo was “insane” when diagnosed
Jake‟s aunt depends on her knowledge of
after he committed the crime, insanity as
his commission of the felony, her act of
a defense to the commission of crime must
harboring and concealing Jake would render
have existed and proven to be so existing at
her criminally liable as accessory to the
the precise moment when the crime was
crime of murder; otherwise without
being committed. The fact of the case
knowledge of Jake‟s commission of the
indicate that Romeo committed the crime
felony, she would not be liable.
with discernment.
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Romeo strangled Dulcinea to death while Fearing for her life, Jill left and stayed with
she was sleeping in the maid’s quarters. her sister. To woo Jill back, Jack sent her
floral arrangements of spotted lilies and
The following day, Romeo was found
confectioneries. Two days later, Jill
catatonic inside the maid’s quarters. He
returned home and decided to give Jack
was brought to the National Center for
another chance. After several days,
Mental Health (NCMH) where he was
however, Jack again came home drunk.
diagnosed to be mentally unstable.
The following day, he was found dead.
Charged with murder, Romeo pleaded
Jill was charged with parricide but raised the
insanity as a defense.
defense of "battered woman syndrome."
What is the effect of the diagnosis of the
Would the defense prosper despite the
NCMH on the case? (2%)
absence of any of the elements for justifying
SUGGESTED ANSWER: circumstances of self-defense under the
Revised Penal Code? Explain. (2%)
The effect of the diagnosis made by NCMH is
possibly a suspension of the proceedings SUGGESTED ANSWER:
against Romeo and his commitment to
Yes, Section 26 of Rep. Act No. 9262 provides
appropriate institution for treatment until
that victim-survivors who are found by the
he could already understand the
courts to be suffering from battered woman
proceedings.
syndrome do not incur any criminal and civil
liability notwithstanding the absence of
any of the elements for justifying
Justifying Circumstances; Battered
circumstances of self-defense under the
Woman Syndrome (2010)
Revised Penal Code.
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No. XVII. b. Wenceslao and Loretta were commission of the crime thus facilitating the
staying in the same boarding house, same. The use of a picklock to enter the
occupying different rooms. One late room of the victim is not an aggravating
evening, when everyone in the house was circumstance under Art. 14 of the Code but
asleep, Wenceslao entered Loretta’s room punished as a crime by itself where the
with the use of a picklock. Then, with force offender has no lawful cause for
and violence, Wenceslao ravished Loretta. possessing it. The use of picklocks is
After he had satisfied his lust, Wenceslao equivalent to force upon things in robbery
stabbed Loretta to death and, before leaving with force upon things.
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under Article 14 of the Revised Penal Code Ruben‟s liability is that of an accomplice
(People v. Avecilla, 351 SCRA 63 [2001]). only because he merely cooperated in
Ponciano‟s determination to kill Freddie.
PERSONS CRIMINALLY Such cooperation is not indispensable to the
LIABLE FOR FELONIES killing, as in fact the killing was carried out
without the use of Ruben‟s gun. Neither
Accomplice (2012) way Ruben may be regarded as a co-
conspirator since he was not a participant in
No. V. a. Who is an accomplice? (5%)
the decision-making of Ponciono to kill
Freddie; he merely cooperated in carrying
SUGGESTED ANSWER:
out the plan which was already in place
Explain. (3%)
No. V. b. Ponciano borrowed Ruben’s gun,
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readily lent his gun, but told Ponciano: "O, Yes, the answer would be the same because
pagkabaril mo kay Freddie, isauli mo Ruben lent his gun to Ponciano with
kaagad, ha." Later, Ponciano killed Freddie, knowledge that it would be used in killing a
but used a knife because he did not want person, thus with knowledge that the gun
Freddie’s neighbors to hear the gunshot. would be use to commit a crime. It is of no
moment who was killed so long as Ruben is
Would your answer be the same if, instead of aware when he lent the gun that it would be
Freddie, it was Manuel, a relative of Ruben, used to commit a crime.
who was killed by Ponciano using Ruben’s
gun? Explain. (3%)
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numbers to be different from what the carnapped the vehicle, old it to Roberto who
Registration Certificate stated. The Deed of did not take part in the crime. Roberto
Sale covering the sale of the Fortuner, signed should have known also that the car was
by Iñigo, also bore the same chassis and stolen because it was not properly
motor numbers as Roberto's Registration documented as the deed of sale and
Certificate. The chassis and motor numbers registration certificate did not reflect the
on the Fortuner were found, upon correct numbers of the vehicle‟s engine and
verification with the Land Transportation chassis. Apparently, he made no effort to
Office, to correspond to a vehicle previously check the papers covering his purchase.
reported as carnapped. Lastly, Roberto‟s defense of good faith is
flawed because Presidential Decree 1612 is a
Roberto claimed that he was in good faith; special law and, therefore, its violation in
Iñigo sold him a carnapped vehicle and he regarded as malum prohibitum, requiring no
did not know that he was buying a proof of criminal intent (Dimat v. People, GR
carnapped vehicle. No. 181184, January 25, 2012).
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SUGGESTED ANSWER:
SUGGESTED ANSWER:
No, the charge of “fencing” will not
prosper. “Fencing” is committed when a False, fencing is committed if the
person, with intent to gain foe himself or for accused “should have known” that the
another, deals in any manner with an article goods or articles had been the subject of
of value which he knows or should be theft or robbery (P.D. No. 1612[a]). Mere
known to him to have been derived from the possession of the stolen goods gives rise to
proceeds of theft or robbery (Sec. 2, PD the prima facie presumption of fencing.
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Criminal Liability; Accessories (2013) Moreover, the facts as given in the problem
would show lack or absent of intent to
No. III. Modesto and Abelardo are brothers. conceal the effects of the crime as Abelardo
Sometime in August, 1998 while Abelardo is described as being “unsure of what to do
was in his office, Modesto, together with under the circumstances.”
two other men in police uniform, came with
two heavy bags. Modesto asked Abelardo to Even if he can be considered as an accessory
keep the two bags in his vault until he comes under paragraph 2 of Article
back to get them. When Abelardo later 19, RPC, Abelardo is not liable, being the
examined the two bags, he saw bundles brother of Modesto under Article 20, RPC.
of money that, in his rough count, could not
be less than P5 Million. He kept the money PENALTIES
inside the vault and soon he heard the
Delito Continuado (2009)
news that a gang that included Modesto had
been engaged in bank robberies. Abelardo,
No. XIII. a. Angelo devised a Ponzi Scheme
unsure of what to do under the in which 500 persons were deceived into
circumstances, kept quiet about the two investing their money upon a promise of a
bags in his vault. Soon after, the police
capital return of 25%, computed monthly,
captured, and secured a confession from,
and guaranteed by post-dated checks.
Modesto who admitted that their loot had During the first two months following the
been deposited with Abelardo.
investment, the investors received their
profits, but thereafter, Angelo vanished.
What is Abelardo's liability? (7%)
Abelardo is not criminally liable. Batas Pambansa (BP) 22. In his motion to
quash, Angelo contends that he committed
To be criminally liable as an accessory under a continued crime, or delito
Article 19 of the Code, such person must continuado, hence, he committed only one
have knowledge of the commission of the count of estafa and one count of violation of
crime. The term “knowledge “ under the BP 22.
law is not synonymous with suspicion.
Mere suspicion that the crime has been What is delito continuado? (1%)
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delinquency crime for the third prosecutors that all respondents be charged
time or oftener. with violation of the "Heinous Crimes Law."
(c) Number of crimes – in recidivism, The prosecution panel agreed with the
there must be at least two crimes CHR. As the Chief Prosecutor tasked with
committed; while in habitual approving the filing of the Information, how
delinquency, there must be at least will you pass upon the recommendation?
three crimes committed. Explain. (5%)
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government center for a minimum one (1) year and is divisible, is covered by
period of six (6) months (Sec. 15, R.A. the indeterminate Sentence Law. The said
9165). The Indeterminate Sentence Law law requires that the sentence in this case
does not apply when the penalty is should reflect a minimum term for purposes
imprisonment not exceeding one year. of parole, and a maximum term fixing the
limit of the imprisonment. Imposing a
straight penalty is incorrect.
Indeterminate Sentence Law; Homicide
(2010)
Indeterminate Sentence Law; Homicide
No. I. An agonizing and protracted trial
(2009)
having come to a close, the judge found A
guilty beyond reasonable doubt of homicide No. XII. a. In a conviction for homicide, the
and imposed on him a straight penalty of SIX trial court appreciated two (2) mitigating
(6) YEARS and ONE (1) DAY of prision circumstances and one (1) aggravating
mayor. circumstance. Homicide under Article 249
of the Revised Penal Code is punishable by
The public prosecutor objected to the
reclusion temporal, an imprisonment term of
sentence on the ground that the proper
twelve (12) years and one (1) day to twenty
penalty should have been TWELVE (12)
(20) years. Applying the Indeterminate
YEARS and ONE (1) DAY of reclusion
Sentence Law, determine the appropriate
temporal.
penalty to be imposed. Explain. (3%)
The defense counsel chimed in, contending
that application of the Indeterminate SUGGESTED ANSWER:
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Indeterminate Sentence Law; Illegal bush. Since the puppy did not have a
Possession of Drugs (2009) collar, she brought it home so she could have
it as a pet. Her son in fact begged Eva Marie
No. XII. b. Will your answer be the same if to keep the puppy. The following day, Eva
it is a conviction for illegal possession of Marie bought a collar for the puppy and
drugs under R.A. 9165 (Dangerous Drugs brought it to a veterinarian for treatment.
Act of 2002), the prescribed penalty of
which is also imprisonment for a term of Did she incur civil liability? Explain. (2%)
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evening in the house where the victim and first attacked him and did so without
Bruno lived. Bruno, on the other hand, provocation of his part. There is, however, no
successfully proved that he voluntarily reasonable necessity of the means employed
surrendered to the authorities; that he to defend himself, after Bruno used a
pleaded guilty to the crime charged; that it knife to stab the weaponless victim. There
was the victim who first attacked and did so are also no aggravating circumstances
without any provocation on his (Bruno's) present, because it was not shown that
part, but he prevailed because he managed Bruno disregarded the age of the victim or
to draw his knife with which he stabbed the that nighttime facilitated the commission of
victim. The penalty for homicide is the crime; moreover, dwelling cannot be
reclusion temporal. appreciated because the crime happened in
the house where both Bruno and the victim
Assuming a judgment of conviction and lived. In contrast, there are two mitigating
after considering the attendant circumstances, namely, voluntary surrender
circumstances, what penalty should the and plea of guilt. Applying the Indeterminate
judge impose? (7%) Sentence Law, the maximum term of the
medium period and the minimum term
SUGGESTED ANSWER:
should be within the range of the penalty
next lower in degree or arresto mayor in any
Bruno should be sentenced to an
of its period.
indeterminate sentence penalty of arresto
mayor in any of its period to precion
correccional in its medium period as
maximum. Bruno was entitled to two Penalties; Perpetual Absolute
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5. Suspension from public office, the Republic Act 9344 (Juvenile Justice and
right to vote and be voted for, and the Welfare Act of 2006) was already in effect,
Penillos, 205 SCRA 546 [1992]). forbids the imposition of the capital
punishment upon offenders thereunder.
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The murder being attempted only, the The brother‟s petition for prohibition
prescribed penalty is two degree lower than should both be denied.
reclusion perpetua; hence, prision mayor.
Because Joe was 17 years old when he Matt‟s petition for probation shall be
committed the crime, the penalty of prision denied because he was convicted for drug-
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under R.A. 9344 or the Juvenile Justice No. XV. b. Joe was 17 years old when he
and Youth Welfare Code. committed homicide in 2005. The crime is
punishable by reclusion temporal. After two
Can Michael avail of the suspension of his years in hiding, he was arrested and
sentence provided under this law? (7%) appropriately charged in May 2007. Since
Republic Act 9344 (Juvenile Justice and
SUGGESTED ANSWER:
Welfare Act of 2006) was already in effect,
Joe moved to avail of the process of
The benefits of a suspended sentence can
intervention or diversion.
no longer apply to Machel. The suspension
of sentence lasts only until the law reaches
Suppose Joe’s motion for intervention or
the maximum age and thus, could no longer
diversion was denied, and he was convicted
be considered a child for purposes of
two (2) years later when Joe was already 21
applying Rep. Act No. 9344. However, he
years old, should the judge apply the
shall be entitled to the right of restoration,
suspension of sentence? Explain. (2%)
rehabilitation and reintegration in
accordance with the law to give him the SUGGESTED ANSWER:
chance to live a normal life and become a
productive member of the community. No, the judge should not suspend sentence
Accordingly, Michael may be confined in an anymore because Joe was already 21 years
agricultural camp and other training facility old. Suspension of sentence is availing under
in accordance with Section 51 of Rep. Act RA 9344 only until a child reaches the
No. 9344 (People v. Jacinto, GR No. 182239, maximum age of twenty-one (21) years.
March 16, 2011; People v. Salcedo, GR. No.
186523, June 22, 2011; Padua v. People, EXTINCTION OF CRIMINAL
GR No. 1683, July 23,
LIABILITY
2008 and People v. Sarcia, GR No.
169641, September 10, 2009).
Amnesty (2009)
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After 15 years of hiding, A left the country Charged in court, Baldo claims that the
but returned three years later to take care crime he committed had already prescribed.
of his ailing sibling. Six years thereafter, he
was charged with parricide but raised the Is Baldo’s contention correct? Explain. (3%)
defense of prescription.
SUGGESTED ANWER:
Under the Revised Penal Code, when does
the period of prescription of a crime No, Baldo‟s contention is not correct
commence to run? (1%) because the crime committed has not yet
prescribed. The prescriptive period of the
SUGGESTED ANSWER: crime committed commenced to run only
after it was report to the police on January
Generally, the period of prescription of a
2, 1970, not on the date it was clandestinely
crime commences to run from the date it
committed on January
was committed; but if the crime was
2, 1960. Under the discovery rule, which
committed clandestinely, the period of
govern when the crime is not publicly
prescription of the crimes under the Revised
committed, the prescriptive period of a crime
Penal Code commence to run from the day
commences to run only from the day on
on which the crime was discovered by the
which the crime is discovered by the
offended party, the authorities or their
offended party, the authorities or their
agents (Art. 91, RPC).
agents: in this case, from January
2, 1970 when it made known to the police
authorities until January 2, 1980, when
Prescription of Crimes; Discovery Rule Balo was arrested and charged. The killing
(2009) committed, whether homicide or murder, is
punishable by an afflictive penalty which
No. VI. Baldo killed Conrad in a dark prescribes within twenty (20) year, whereas
corner, at midnight, on January 2, 1960. only around ten (10) years ha lapsed from
Dominador witnessed the entire incident, January 2, 1970 (when the authorities
but he was so scared to tell the authorities discovered the commission of the crime) to
about it. January 2,
1980 (when the accused was charged in
On January 2, 1970, Dominador, bothered
court).
by his conscience, reported the matter to
the police. After investigation, the police
finally arrested Baldo on January 6, 1980.
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5 years from such commission when the of Treason under Art. 116 of the Revised
crime was discovered, only 10 years lapsed Penal Code, for failing to report or make
and 3 years thereof should be deducted known “as soon as possible” to the
interrupted and suspended. Hence, the 3 mayor or fiscal of the City where she
No. XXI. Because peace negotiations on the Qualified Piracy; Special Complex Crime
Spratlys situation had failed, the People’s (2008)
Republic of China declared war against the
Philippines. Myra, a Filipina who lives with No. VII. a. The inter-island vessel M/V Viva
her Italian expatriate boyfriend, discovered Lines I, while cruising off Batanes, was
e-mail correspondence between him and a forced to seek shelter at the harbor of
certain General Tung Kat Su of China. Kaoshiung, Taiwan because of a strong
typhoon. While anchored in said harbor,
On March 12, 2010, Myra discovered that
Max, Baldo and Bogart arrived in a
on even date her boyfriend had sent an e-
speedboat, fired a bazooka at the bow of the
mail to General Tung Kat Su, in which he
vessel, boarded it and divested the
agreed to provide vital information on the
passengers of their money and jewelry. A
military defense of the Philippines to the
passenger of M/V Viva Lines I, Dodong
Chinese government in exchange for P1
advantage of the confusion to settle an old
million and his safe return to Italy. Two
grudge with another passenger, and killed
weeks later, Myra decided to report the
him. After their apprehension, all four were
matter to the proper authorities.
charged with qualified piracy before a
Did Myra commit a crime? Explain. (3%) Philippine court.
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occasion of piracy, the special complex the guilt of the respondents. If the evidence
crime of qualified piracy is committed. so warrants, the amparo court may refer the
case to the Department of Justice for
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make searches and seizure upon judicial which the check was issued, the terms and
order. He is therefore acting under color of conditions relating to the issuance are
his official authority (Art. 128, RPC). irrelevant to the prosecution of the offender.
For this reason, the request of Frankto defer
CRIMES AGAINST PUBLIC the deposit of the check as it ahs
insufficient funds will not militate against
ORDER
his prosecution for BP
22. Despite notice, Frank can still be
Delivering Prisoners from Jail; Corruption
charged.
of Public Officials (2013)
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in turn, allowed Willy and Vincent to go out to such criminal plan; otherwise he
of jail in the company of an armed escort, would not be liable for said crime if
Edwin. Chito also gave Edwin P50,000.00 he escaped pursuant to human
to leave the two inmates unguarded for instinct only.
three minutes and provide them with an c. Vincent, being a prisoner serving
opportunity to escape. Thus, Willy and sentence by final judgment,
Vincent were able to escape. committed the crime of Evasion of
Service of Sentence (Art. 157, RPC)
What crime or crimes, if any, had been for escaping during the term of his
committed by Chito, Willy, Vincent, the imprisonment.
Branch Clerk of Court, Edwin, and the jail d. The Branch Clerk of Court
warden? Explain your answer. (5%) committed the crimes of:
1. Direct Bribery (Art. 210, RPC) for
SUGGESTED ANSWER:
accepting the P50,000.00 – in
consideration of the Order she
The crime committed in this case are as
issued to enable the prisoners to
follows:
get out of jail;
2. Falsification of Public
a. Chito committed the crimes of –
Document for forgoing the judge‟s
1. Delivery of Prisoners from Jail
(Art. 156, RPC) for working out signature on said Order (Art.
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enable Vincent to evade service his examination booklet and sent him out
of his sentence; of the room, causing Mariano extreme
e. Edwin, the jail guard who embarrassment.
escorted the prisoner in getting out
of jail, committed the crimes of – In class the following day, Mariano
1. Infidelity in the Custody of approached Miss Reyes and without any
Prisoners, especially conniving warning, slapped her on the face. Mariano
with or consenting to Evasion for would have inflicted grave injuries on Miss
leaving unguarded the prisoners Reyes had not Dencio, another student,
escorted by him and provide intervened. Mariano then turned his ire on
them an opportunity to escape Dencio and punched him repeatedly,
(Art. 223, RPC); causing him injuries.
2. Direct Bribery for receiving
the P50,000.00 as consideration What crime or crimes, if any, did Mariano
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No, Rigoberto is not guilty of Direct Assault No. VI. What are the different acts of
because Judge Lorenzo has ceased to be a inciting to sedition? (10%)
judge when he was attacked. He has retired
(71 years old) from his position as a SUGGESTED ANSWER:
person in authority when he was attacked.
Hence, the attack on him cannot be regarded The different acts which constitute the crime
(b) Would your answer be the same if the 1. Inciting others through speeches,
reason for the attack was that when Judge writings, banners and other media of
Lorenzo was still a practicing lawyer ten representation to commit acts which
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constituted authorities, which tend On the other hand, a public prosecutor may
to disturb or obstruct the be prosecuted for this crime in respect of the
performance of official functions, or bribery committed, aside from dereliction of
which tend to incite others to cabal duty committed in violation of Art. 208 of the
and meet for unlawful purposes; Revised Penal Code, should he refrain form
3. Inciting through the same media prosecuting an offender who has committed
of representation rebellious a crime punishable by reclusion perpetua
conspiracies or riots; and/or death in consideration of any offer,
4. Stirring people to go against promise, gift or present.
lawful authorities, or disturb the
peace and public order of the Meanwhile, a police officer who refrains from
aforestated evil practices (Art. prosecuted for this felony since he is a public
CRIMES COMMITTED BY
PUBLIC OFFICERS Maliciously Refraining from Instituting or
Prosecuting an Offender (2008)
Bribery (2010)
No. IV. a. Manolo revealed to his friend
No. II. b. May a judge be charged and Domeng his desire to kill Cece. He likewise
prosecuted for such felony? How about a confided to Domeng his desire to borrow his
public prosecutor? A police officer? Explain. revolver. Domeng lent it. Manolo shot Cece
(5%) in Manila with Domeng's revolver. As his gun
was used in the killing, Domeng asked
SUGGESTED ANSWER:
Mayor Tan to help him escape. The mayor
No, a judge may not be charged of this felony gave Domeng P5,000.00 and told him to
because his official duty as a public officer is proceed to Mindanao to hide. Domeng went
not law enforcement but the determination to Mindanao. The mayor was later charged
of cases already filed in court. as an accessory to Cece's murder.
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Can he be held liable for the charge? however, it was found that Roger and Jessie
Explain. (4 %) falsified the disbursement vouchers and
supporting documents in order to make it
SUGGESTED ANSWER: appear that qualified recipients who, in
fact, are non-existent individuals, received
If Domeng is not the principal to the
the money.
crime of murder, the Mayor may not be held
liable as accessory since he merely assisted Roger and Jessie are charged with
in the escape of an accomplice. Par. 3 of malversation through falsification and
Art. 19, RPC speaks of harboring or violation of Section 3 (e) of R.A. 3019 for
assisting in the escape of a principal. The causing undue injury to the government.
mayor, however can be held liable as Discuss the propriety of the charges filed
principal in the crime of maliciously against Roger and Jessie. Explain. (4%)
refraining from instituting or prosecuting an
offender under Art. 208 of the RPC. SUGGESTED ANSWER:
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should be turned-over to the Office of the He can be charged with qualified theft since
Clerk of Court. the property stolen is mail matter (Marcelo v.
Sandiganbayan).
(b) Would your answer to the first question
be the same if ABC Corporation were a He may also be charged with forgery under
private corporation? Explain. (3%) Art. 169 (2) RPC, because there was a
material alteration on a genuine document
SUGGESTED ANSWER:
(Luis B. Reyes, The Revised Penal Code,
Volume II, page 198, 16th Edition [2006]
The answer would be the same since even
citing US v. Solito, 36 Phil
if ABC is a private corporation, Eliseo is still
785).
accountable for it, and the same should be
delivered to the Court.
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Complex Crime; Rape with Homicide & Theft is by itself punishable under Art.
homicide (2) theft and (3) unlawful despite the serious stab wounds she
possession of picklocks and similar tools sustained, Loretta survived? Explain. (3%)
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SUGGESTED ANSWER:
SUGGESTED ANSWER:
No, the charge of death caused in a
tumultuous affray will not prosper. In Yes. Francis is criminally liable for assisting
death caused by tumultuous affray under in the suicide of Joan, as evidenced by their
Art. 251 of the Revised Penal Code, it is written pact (Art.
essential that the persons involved did not 253, RPC).
compose groups organized for the common
purpose of assaulting and attacking each
other reciprocally.
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intent to kill (specific intent). Even if there I Charlie would be criminally liable for less
no intent to kill and evil intent, the offender serious physical injuries because his act of
is liable for culpable felony if the victim died mixing the powder with Brad‟s food was
or injured as a result of the recklessness of done with felonious intent and was the
the former. If there is no intent to kill, evil proximate cause of Brad‟s illness for
intent and recklessness on the part of the 10 days. It cannot constitute attempted
accused, he is not liable for his intentional murder, although done with intent to kill,
act, which cause the death of or injury upon because the means employed is inherently
the victim because of the exempting ineffectual to cause death and the crime
to kill a very sick, old dog. Actually, Charlie order to prevent the crowd from rushing to
intended to use the poison on Brad. the stage, Rafael Padilla {a security guard}
pointed his gun at the onrush of people.
The veterinarian mistakenly gave Charlie a When the crowd still pushed forward,
non-toxic powder which, when mixed with Rafael fired his gun into air to scare them off.
Brad’s food, did not kill Brad. However, the bullet hit one of the metal roof
supports, ricocheted and then hit one of the
Would your answer be the same if Brad stage crew members, causing injuries which
proved to be allergic to the powder, and resulted in the latter’s confinement in a
after ingesting it with his food, fell ill and was hospital for twelve days.
hospitalized for ten (10) days? Explain. (3%)
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dangerous drugs from the time local faithhealer known as "Mother Himala."
offender, to its turn-over and receipt in the being possessed by an evil spirit. Eddie
in court as evidence of the criminal from the boy’s body. Unfortunately, the
violation, and for destruction (Dangerous procedure conducted resulted in the boy’s
2002).
The faithhealer and tree others who were
Its rationale is to preserve the authenticity part of the healing ritual were charged with
of the corpus delicti or body of the crime murder and convicted by the lower court. If
by rendering it improbable that the original you are appellate court Justice, would you
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causing the latter‟s death, although the round 3:00 in the morning, Mauro, a
intent to kill was absent, the accused may member of the criminal syndicate, arrived
be held criminally liable for Reckless at Antonio's home and hurled a grenade
Imprudence Resulting in Homicide. inti an open window of the bedroom where
Antonio, his wife and their three year-old
ALTERNATIVE ANSWER: daughter were sleeping. All three of them
were killed instantly when the grenade
No, because none of the circumstances
exploded.
qualifying the killing to murder in Art.
248 attended the crime. State, with reason, the crime or crimes that
had been committed as well as the
The faithhealer and his co-accused
aggravating circumstances, if any,
should only be liable for homicide, because
attendant thereto. (7%)
they are not authorized by law to practice
medicine and were therefore acting illegally SUGGESTED ANSWER:
although the wrongful act done was different
form what they intended. Roger & Mauro conspired to commit the
crime of murder qualified by treachery, with
the use of means involving great waste and
ruin. In this case, Mauro is liable as a
Murder; Treachery (2008)
principal by direct participation by using a
grenade and hurled into an open window
No. XV. Roger, the leader of a crime
of the victim‟s bedroom. Killing the
syndicate in Malate, Manila, demanded the
payment by Antonio, the owner of a motel victims while they were sleeping and in no
position to defend themselves, is a
in that area, of P10,000 a month as
treacherous act (People v. Aguilar, 88
"protection money". With the monthly
Phil 693, 1951).
payment, Roger assured, the syndicate
would provide protection to Antonio, his
The following are the aggravating
business, and his employees. Should
circumstances:
Antonio refuse, Roger warned, the motel
owner would either be killed or his 1. Sec. 3, R.A. 8294 – when a person
establishment destroyed. Antonio refused to commits any of the crime under the
pay the protection money. Days later, at RPC or special laws with the use of
explosive, etc. and alike
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continued and tightly embraced her. child labor (Art. 273, RPC). Exploitation of
child labor is committed by a person, who
Would your answer be the same if, even under the pretext of reimbursing himself of
after the music had stopped, Leoncio a debt incurred by an ascendant, guardian
continued to dance dirty, rubbing his or person entrusted with the custody of a
private parts on Evelyn’s buttocks? minor, shall against the minor‟s will,
Explain. (3%) retain him in his services.
SUGGESTED ANSWER:
The crime would then be acts of Kidnapping and Serious Illegal Detention
lasciviousness. That the music for dancing (2009)
had already stopped, puts an end to any
pretense of dancing by Leoncio. His No. IX. Virgilio, armed with a gun, stopped
continues dirty acts absent the dancing as a van along a major thoroughfare in Manila,
there was no music anymore is patently lewd pointed the gun at the driver and
and lascivious. More so, Evelyn already shouted: "Tigil! Kidnap ito!"
protested
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Terrified, the driver, Juanito, stopped the care of the child until the ransom is paid,
van and allowed Virgilio to board. Inside the the crime committed is Serious Illegal
van were Jeremias, a 6-year-old child, son Detention because the offended party
of a multi-millionaire, and Daday, the deprived of liberty is a female (Art.
child’s nanny. Virgilio told Juanito to drive 267, par.4, RPC).
to a deserted place, and there, ordered the
driver to alight. Before Juanito was allowed As to Juanito, the driver of the van who was
to go, Virgilio instructed him to tell Jeremias’ seriously intimidated with a gun pointed at
parents that unless they give a ransom of him and directed to stop the van and allow
P10-million within two (2) days, Jeremias the gun-man to board the same, and
would be beheaded. Daday was told to thereafter to drive to a deserted place, the
remain in the van and take care of Jeremias crime committed by Virgilio I Grave Coercion
until the ransom is paid. Virgilio then drove (Art. 286, RPC) and Slight Illegal Detention
the van to his safehouse. (Art. 268, RPC) for holding the driver before
he was allowed to go.
What crime or crimes, if any, did Virgilio
commit? Explain. (5%)
Illegal Dtention under Art. home from a party, Mildred was seized at
267(4), RPC. The evident criminal intent of gun point by Felipe and taken on board a
the offender, Virgilio, is to lock up the child tricycle to a house some distance away.
to demand ransom. Whether or not the Felipe was with Julio, Roldan, and Lucio,
ransom was eventually obtained will not who drove the tricycle.
As to Daday, the nanny of the child who was left after bringing his colleagues and
told to remain in the van and take Mildred to their destination, but he
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returned everyday to bring food and the purpose (People v. Miranda, Jr., GR No.
news in town about Mildred's disappearance. 186417, July 27, 2011). Albeit, Lucio was
For five days, Felipe, Julio and Roldan kept not around when the sexual assault took
Mildred in the house and took turns in place, his complicity is evident as he was
sexually assaulting her. On the 6th day, the one who drove the tricycle and
Mildred managed to escape; she proceeded returned every day to bring food and news to
immediately to the nearest police station and his cohorts.
narrated her ordeal.
participation? (7%)
No. X. Pinky was a lessee of a market stall
owned by Giovanni. When Pinky refused to
SUGGESTED ANSWER:
pay her rental, Giovanni nailed some
Felipe, Julio, Roldan and Lucio are all liable wooden barricades on one of the sides of
of the special complex crime of kidnapping the market stall and posted this warning:
and serious illegal detention with rape. It "We have closed this portion of the door. Do
was sufficiently proved that the four not open it or else something may happen
kidnapped Madrid and held her in detention to you."
for five days and carnally abused her.
Notably, however, no matter how many rapes What crime/s did Giovanni commit, if any?
have been committed in the special complex Explain your answer. (10%)
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in favor of the offender. The rule of pro reo and brought up on inquest. What charge/s,
precludes any finding for grave coercion, if any, may he be held responsible for?
because it would be against the offender. Explain. (5%)
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What crime or crimes, if any, did Leoncio force and violation, they shall be deemed
commit? Explain. (3%) highway robbers or brigands (Article 306 of
the Revised Penal Code).
SUGGESTED ANSWER:
buttocks during a very seductive dance, the of fender and agreement among the
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purpose robbery.
No. X. Frank borrowed P1,000,000 from his
is any of
brother Eric. To pay the loan, Frank issued
the
a post-dated check to be presented for
following:
payment a month after the transaction. Two
(see
days before maturity, Frank called Eric
below)
telling him he had insufficient funds and
or get Law).
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Was the charge brought against Frank The two then approached trader C whom
correct? (7%) they asked to change the check with cash,
even agreeing that the exchange be
SUGGESTED ANSWER: discounted at P85,000.00 with the
assurance that the check shall be funded
Yes, the charges brought against Frank is
upon maturity. Upon C’s presentment of
correct. Violation of BP 22 is malum
the check for payment on due date, it was
prohibitum which is committed by mere
dishonored because the account had
issuance of a check. Good faith is not a
already been closed.
defense. As long as the check was issued on
account or for value, the purpose for which What action/s may C commence against A
the check was issued, the terms and and B to hold them to account for the loss
conditions relating to the issuance are of her P85,000.00? Explain. (5%)
irrelevant to the prosecution of the offender.
SUGGESTED ANSWER:
For this reason, the request of Frankto defer
the deposit of the check as it ahs A criminal action for violation of BP 22 may
insufficient funds will not militate against be filed against B who drew the postdated
his prosecution for BP check against a closed bank account, for
22. Despite notice, Frank can still be value paid by C, and with knowledge at the
charged. time he issued the check that the account
thereof is already closed.
Moreover, if what is charged is Estafa,
Frank, being a brother of the offended party, A cannot be held liable under BP 22 because
cannot be held criminally liable under Article he was a mere endorser of B‟s check to C
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The falsification is a separate crime from the of violation of BP 22, since each swindling is
theft because it was not committed as a achieved through distinct fraudulent
necessary means to commit the theft but machinations contrived at different time or
resorted to only to hide or conceal the dates, and in different amounts. Moreover,
unlawful taking. his drawing of separate checks payable to
each payee is a separate criminal resolution,
as they must be of different amounts and of
different dates. He acted with separate
Estafa and B.P. 22 (2009)
fraudulent intent against each swindling and
issuing each check. It cannot be maintained
No. XIII. b. Angelo devised a Ponzi Scheme
that hi acts are the product of one criminal
in which 500 persons were deceived into
resolution only.
investing their money upon a promise of a
capital return of 25%, computed monthly,
ALTERNATIVE ANSWER:
and guaranteed by post-dated checks.
During the first two months following the Yes, Angelo committed only one count of
investment, the investors received their estafa and one count of violation of BP
profits, but thereafter, Angelo vanished. 22 because his acts were propelled by one
and the same intent to defraud (Santiago v.
Angelo was charged with 500 counts of
Garchitorena, 228 SCRA
estafa and 2,000 counts of violation of
214[1993]).
Batas Pambansa (BP) 22. In his motion to
quash, Angelo contends that he committed
a continued crime, or delito
continuado, hence, he committed only one Estafa; Falsely Pretending to Possess
count of estafa and one count of violation of Power (2008)
BP 22.
No. IX. a. Dennis leased his apartment to
Is Angelo’s contention tenable? Explain. Myla for P10,000 a month. Myla failed to
(4%) pay the rent for 3 months. Gabriel, the son
of Dennis, prepared a demand letter falsely
SUGGESTED ANSWER:
alleging that his father had authorized him
to collect the unpaid rentals. Myla paid the
No, his contention is not tenable. He
unpaid rentals to Gabriel who kept the
committed as many count of estafa against
payment.
the 500 victims and 2000 count
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SUGGESTED ANSWER:
Yes, Gabriel committed the crime of Estafa
under Art. 315, Par. 2(a), RPC by fraudulent
The criminal charge of estafa through
acts executed prior to or simultaneous with
falsification is correct. William forged the
the fraud or falsely pretending to possess
signature of his mother-in-law in the Special
agency. Myla paid the money because she
Power of Attorney, which is a public
relied upon the demand letter prepared by
document, as a necessary means to sell her
Gabriel with the false allegation that he was
properties to third parties without delivering
authorized to collect rentals.
the proceeds thereof. Although the
relationship of affinity created between
William and his mother- in-law survived the
Estafa through Falsification (2013)
death of either party to the marriage, the
No. VIII. William is the son-in-law of coverage of the absolutory cause under
Mercedes who owns several pieces of real Article 332 (1) of the Revised Penal Code
died. In 1996, William caused the limited to the simple crimes of theft, estafa
preparation of a Special Power of Attorney and malicious mischief. It does not apply
(SPA) giving him the authority to sell two (2) where any of the crimes mentioned is
parcels of land registered in the name of complex with another crime. This is because
SPA was forged and, through this forged falsification of a public document, the
SPA and without the consent and matter acquires a very serious public
knowledge of Mercedes, William succeeded dimension and goes beyond the respective
in selling the two (2) parcels for Php rights and liabilities of family member
2,000,000. He pocketed the proceeds of the among themselves. Effectively, when the
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unpaid rentals to Gabriel who kept the The elements of this crime are:
payment.
1. Unlawful taking of personal
property belonging to another (the
Can Gabriel invoke his relationship with
earnings of the taxi-driver);
Dennis to avoid criminal liability? Explain.
2. Intent to gain in the taking (of
(3%)
the earnings which belong to the
SUGGESTED ANSWER:
taxi-driver);
3. Violence against or intimidation
No. Gabriel cannot invoke Art. 332, RPC
of person or force upon things was
(Persons exempt from criminal liability). It is
employed in the taking; and
Myla, not the father Dennis, who is the
4. There were more than three
offended party under Art. 315 (2)(a) (Luis B.
armed malefactors taking part in the
Reyes, The Revised Penal Code, Volume II,
commission of the robbery (Art. 296
page 853,16th Edition [2006]).
in relation to Art. 294, Revised Penal
Code)
themselves from rival fraternities, they all houseboy of spouses Nestor and Julia for
carry guns wherever they go. One night, Five Years. One Night, while Nestor and Julia
after attending a party, they boarded a were out having dinner, Lucas and his friend
taxicab, held the driver at gunpoint and Pedro gained entry into the masters'
took the latter’s earnings. bedroom with the used of a false key. They
found Julia's jewelry box in one of the
What crime, if any, did the four commit? cabinets which was unlocked. Lucas
Enumerate the elements of the crime. (2%) believed that Julia's jewelry inside the box.
Unknown to Lucas and Pedro, the box was
SUGGESTED ANSWER:
empty. Pedro took the box and left the
The crime committed is robbery by a bedroom with Lucas. They were shock
band since there were four (4) offenders when they saw Nestor in the sala, pointing
acting in concert in committing the robbery a gun at them. Nestor ordered them to stop
and all the four were armed. and hand over the box. Pedro complied. It
turned out that Nestor had just arrived in
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time to see Lucas and Pedro leaving the No, the crime becomes robbery with
master's bedroom with the box. homicide and all the fraternity brothers are
liable. The existence of a band shall be
State with reasons, the crime or crimes, if
appreciated only as generic aggravating
any, Lucas and Pedro committed. (7%)
circumstance. Also, if the firearms used were
unlicensed, the same would only be taken as
SUGGESTED ANSWER:
generic aggravating circumstance as
Lucas and Pedro committed Robbery in an provided by the Rep. Act No. 8294 (People v.
Inhabited House (Art. 299) for gaining entry Bolinguet, G.R. Nos. 137949-52, December
ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
SUGGESTED ANSWER:
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No. VIII. While Alfredo, Braulio, Ciriaco, Braulio shall be liable for Robbery with
and Domingo were robbing a bank, Homicide (Art. 294[1], RPC) for killing
policemen arrived. A firefight ensued Alfredo, since the killing was by reason of
between the bank robbers and the the robbery. Ciriaco and Domingo having
responding policemen, and one of the conspire only in the commission of the
policemen was killed. robbery, should only incur liability for the
crime conspired upon – the robbery, unless
(b) Suppose it was Alfredo who was killed they were with Braulio during the killing and
by the responding policemen, what charges could have prevented the same but they did
can be filed against Braulio, Ciriaco and not, in which case they shall be also be liable
Domingo? Explain. (2%) for Robbery with Homicide.
component of the crime of Robbery with friend, Jonathan, to help them rob a bank.
Homicide, a single indivisible offense, as long Jervis and Marlon went inside the bank,
as it is immediately connected to the but were unable to get any money from the
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What crime or crimes did Jervis, Marlon the robbery. Even though the death was
and Jonathan commit? Explain your accidental, it is enough that such death was
answer. (10%) caused by any of the robber‟ felonious act
and on the occasion of the commission of the
SUGGESTED ANSWER: robbery People vs. Guiapar, 129 SCRA 539
[1984]).
Jervis and Marlon committed the crime of
robbery, while Jonathan committed the
special complex crime of robbery with
homicide. Robbery w/ Homicide; Complex Crime
(2009)
Jervis and Marlon are criminally liable for
the robbery only, because that was the No. VIII. a. While Alfredo, Braulio, Ciriaco,
crime conspired upon and actually and Domingo were robbing a bank,
committed by them, assuming that the policemen arrived. A firefight ensued
customers was affected with intimidation. between the bank robbers and the
They will not incur liability for the death of responding policemen, and one of the
the pedestrian because they have nothing to policemen was killed.
do with it. Only Jonathan will incur liability
for the death of the pedestrian, aside from What crime or crimes, if any, had been
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execution, the offense could only e attempted that it was not his, he went to a nearest
theft, if at all. police station to seek help in finding the
owner of the bag. At the precint PO1 Melvin
attended to him. In the investigation Eman
proposed to PO1 Melvin, "in case you don't
Theft (2010)
find the owner let's just pawn straight to
the pawnshop and pawned the ring for
No. XVIII. a. On her way home, Eva Marie
P50,000.00 Eman never saw PO1 Melvin
saw an injured chow chow puppy behind a
again.
bush. Since the puppy did not have a
collar, she brought it home so she could have
What is the criminal liability of Eman, If
it as a pet. Her son in fact begged Eva Marie
any? Explain. (3%)
to keep the puppy. The following day, Eva
Marie bought a collar for the puppy and SUGGESTED ANSWER:
brought it to a veterinarian for treatment.
Eman is guilty of theft (Art. 308, RPC) for
Did Eva Marie incur criminal liability in
failure tp return the lost property to the
bringing the puppy home as a pet? Explain.
rightful owner. His intent to gain became
(2%)
apparent when he proposed to pawn the ring
SUGGESTED ANSWER: and to share the proceeds with PO1 Melvin.
taking and has pecuniary value. Obviously, alone that he suggested to PO1 Melvin such
she took it with intent to own it; hence, with an improper proposal does not make
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The three (3) classes of offenders in the crime presumptively dead; (3) he contracts a
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conviction or acquittal? Explain your Appeals, G.R. No. 150758, February 18,
answer. (3%) 2004).
SUGGESTED ANSWER:
incapacity is of absolutely no moment each other but had been separated for the
insofar as the State‟s penal laws are last five years. Raissa decided to wed Juan,
concerned. Since a marriage contracted her suitor. Who had no inkling that she was
marriage is automatically void, the nullity of application for marriage license which they
his second marriage is not per e an subscribed and swore to before the Local
argument for the avoidance of criminal Civil Registrar. Raissa declared, in the
liability for bigamy. Although the judicial application, that she is single. The marriage
declaration of the nullity of a marriage on the licensed was issued. In due time, the couple
ground of psychological incapacity insofar as were married by the mayor. Raissa and
the vinculum between the spouses is Juan had their first sexual intercourse later
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adultery (Art. 333, RPC) for having criminal liblity (Fermin v. People, GR No.
sexual intercourse with Juan, although she 157643, March 28, 2008).
is a married woman.
Any attack upon the private character of the
Libel; Defamatory Utterances against under Article 355 (Sazon v. Hon. Court
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QUASI-OFFENSES
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Doctrine of Pro Reo (2012) Following the pro reo doctrine, under Art.
48 of the Revised penal Code, crimes are
No. VI. a. What is the fundamental principle complexed and punished with a single
in applying and interpreting criminal laws, penalty (i.e., that prescribed for the most
including the Indeterminate Sentence Law? serious crime and to be imposed in its
(5%) maximum period). The rationale being, that
the accused who commits two crimes with
SUGGESTED ANSWER:
single criminal impulse demonstrates lesser
perversity that when the crimes are
The fundamental principle in interpreting
committed by different acts and several
and applying penal laws is the principle of
criminal resolutions. (People vs Comadre,
pro reo. The phrase “in dubio pro reo”
431
means “when in doubt, for the accused.”
SCRA 366, 384 [2004]). However, Art. 48
(Intestate estate of Gonzales v. People, G.R.
shall be applied only when it would bring
No. 173473, December 17, 2008).
about the imposition of a penalty lesser than
the penalties if prosecuted separately
instead of being complexed.
Doctrine of Pro Reo (2010)
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offenses penalized under Philippine laws, emotional and psycho-social well-being. This
like kidnapping/illegal detention – serious or is available to a child 15 years old or less
slight violation of R.A. 7610, or R.A. 7877 – at the time of the commission or although
the Anti-sexual Harassment Act. over 15 but below 18 years old at the time of
commission of the crime, the child acted
without discernment.
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and fired. The shot blew the tire which Three-Fold Rule (2013)
caused the car to veer out of control and
collide with an oncoming tricycle, killing the No. IX. Roman and Wendy are neighbors.
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the most severe of the penalties imposable. matters, including checks and treasury
The computation under the three-fold rule is warrants, was hijacked along a national
for the prison authorities to make. highway by ten (1 0) men, two (2) of whom
were armed. They used force, violence and
at him, but Paolo ignored him. To prevent you charge the ten (10) men who hijacked
his car from being carnapped, Carlos drew the postal van with violation of Presidential
his gun, aimed at the rear wheel of the car Decree No. 532, otherwise known as the
and fired. The shot blew the tire which Anti-Piracy and Anti -Highway Robbery Law
caused the car to veer out of control and of 1974? Explain your answer. (5%)
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1972 (People v. Puno, G.R. No. 97471, Anti-Graft & Corrupt Practices – RA 3019
February 17, 1993). Moreover, there is no (2010)
showing that the 10 men were a band of
outlaws organized for the purpose of No. IX. Proserfina, an assistant public high
depredation upon the persons and school principal, acted to facilitate the
inhabitants who travel from one place to duty per diem of classroom teachers with
another. What was shown I one isolated the agreement that they would reimburse
hijacking of a postal van. It was not stated in her for her expenses.
No.
Yes, Proserfina committed violation of Sec.
79543, October 16, 1996).
3(b) of Rep. Act No. 3019 which considers as
a corrupt practice, the act of:
ALTERNATIVE ANSWER:
“(b) Directly or indirectly requesting or
As a public prosecutor, I would charge
receiving any gift, present, share percentage,
the 10 men who hijacked the postal van with
or benefit, for himself or for any other
violation of PD 532. As oppose to brigandage
person, in connection with any contact or
under Article 306 of the RPC, highway
transaction between the Government and
robbery under PD 532 does not require that
any other party, wherein the public officer
there be at least four armed persons forming
in his official capacity ha to intervene
a band of robbers. In this case, while there
under the law.”
are ten (10) men who hijacked the postal
van, only two (2) were armed. Hence, they Being the assistant public high school
may be charged with highway robbery under principal, it is her duty to intervene in the
PD 532. release of salary differentials and per diem of
classroom teachers under her. Her act of
doing so, made with a request for a share
or benefit therefor constitutes graft or
corrupt practices under Sec. 3(b) of Rep.
Act No. 3019.
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Considering that the acts prohibited or therefor, the plaintiff gave Charina
punished under this law are mala prohibita, P20,000.00.
and thus punishable thereunder, whether
done with criminal intent or not. Charina was charged with violation of
Section 3 (b) of Republic Act No. 3019,
ALTERNATIVE ANSWER: prohibiting any public officer from directly
or indirectly requesting or receiving any gift,
In the case of Jaravata vs
present, percentage, or benefit in
Sandiganbayan (G.R. No. 56170, January
connection with any contract or transaction
31, 1984), which has identical set of facts
x x x wherein the public officer, in his
as the present case, the Supreme Court
official capacity, has to intervene under the
ruled that there is no law which invests an
law.
assistant principal with the power to
intervene in the payment of the salary
While the case was being tried, the
differentials of classroom teachers or anyone
Ombudsman filed another information
for that matter.” Accordingly, since in his
against Charina for Indirect Bribery under
official capacity as in the payment of the
the Revised Penal Code. Charina demurred
salary differentials, the assistant principal
to the second information, claiming that
cannot be said to have violated Sec. 3(b)
she can no longer be charged under the
of Rep. Act No
Revised Penal Code having been charged for
3019 although he exerted efforts to facilitate
the same act under R.A. 3019.
the payment of the salary differentials.
Is Charina correct? Explain. (3%)
SUGGESTED ANSWER:
Anti-Graft & Corrupt Practices – RA
3019; Indirect Bribery (2009) No, Charina is not correct. Although the
charged for violation of Rep. Act. No.
No. VII. Charina, Clerk of Court of an RTC
3019 and the charge for Indirect Bribery
Branch, promised the plaintiff in a case
(Art. 211, RPC) arose from the same act, the
pending before the court that she would
elements of the violation charged under Rep.
convince the Presiding Judge to decide the
Act. No. 3019 are not the same as the felony
case in plaintiff’s favor. In consideration
charged for Indirect Bribery under the Rev.
penal Code (Mejia v. Pamaran, 160 SCRA
457 [1988]). Hence, the crime charged are
separate
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and distinct from each other, with different shall knowingly visit the same.” These
penalties. The two charges do not constitute requisites are absent in the facts given.
a ground for a motion to dismiss or motion
to quash, as there is no jeopardy against the
accused.
Harboring or Assisting in the Escape of a
Person who has Committed a Crime – PD
1829 (2008)
Dangerous Drugs Act (2007)
No. IV. b. Manolo revealed to his friend
No. II. Tiburcio asked Anastacio to join their Domeng his desire to kill Cece. He likewise
group for a "session". Thinking that it was confided to Domeng his desire to borrow his
for a mahjong session, Anastacio agreed. revolver. Domeng lent it. Manolo shot Cece
Upon reaching Tiburcio’s house, Anastacio in Manila with Domeng's revolver. As his gun
discovered that it was actually was used in the killing,Domeng asked Mayor
a shabu session. At that precise time, the Tan to help him escape. The mayor gave
place was raided by the police, and Anastacio Domeng P5,000.00 and told him to proceed
was among those arrested. to Mindanao to hide. Domeng went to
Mindanao. The mayor was later charged as
What crime can Anastacio be charged with, an accessory to Cece's murder.
if any? Explain your answer. (10%)
Can he be held liable for any other offense?
SUGGESTED ANSWER: Explain fully. (3%)
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No. XII. b. Will your answer be the same if No. XI. e. For a person who transacts an
it is a conviction for illegal possession of instrument representing the proceeds of a
drugs under R.A. 9165 (Dangerous Drugs covered unlawful activity to be liable under
Act of 2002), the prescribed penalty of the Anti-Money Laundering Act (R.A. 9160,
which is also imprisonment for a term of as amended), it must be shown that he has
twelve (12) years and one (1) day to twenty knowledge of the identities of the culprits
(20) years? Why or why not? (3%) involved in the commission of the predicate
crimes.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
No, my answer will not be the same because
violations of Rep. Act 9165 are mala False, there is nothing in the law which
prohibita in which mitigating and requires that the accused must know the
aggravating circumstances are not identities of the culprits involved in the
appreciated. Although in People v. commission of the predicate crimes. To
Simon (234 SCRA 555[1994]), it was held establish liability under R.A. 9160, it is
that Art. 64 can be applied if the special law sufficient that proceeds of an unlawful
adopted the nomenclature of penalties activity are transacted, making them appear
provided under the RPC, such to have originated from legitimate sources.
pronouncement cannot be applied in the
instant case because the for illegal
possession of drugs under R.A. 9165 do not
R.A. 9160; Anti-Money Laundering Act;
follow the technical nomenclature of
Freeze Order (2010)
penalties in the RPC and thus, cannot be
divided into periods. Hence, the existence
No. VI. There being probable cause to
of mitigating and aggravating circumstances
believe that certain deposits and
cannot be appreciated.
investments in a bank are related to an
unlawful activity of smuggling by
Alessandro as defined under Republic Act
(RA) No. 9160, as amended (Anti-Money
Laundering Act) an application for an order
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to allow inquiry into his deposit was filed transaction is to hide the beneficial owner of
with the Regional Trial Court. said funds and allows criminal organizations
or criminals to enjoy the proceeds of uch
After hearing the application, the court
criminal activities.”
granted the application and issued a freeze
order. The three (3) stages in money laundering are:
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Fearing for her life, Jill left and stayed with A week later, the same episode occurred –
her sister. To woo Jill back, Jack sent her Jack came home drunk and started hitting
floral arrangements of spotted lilies and Jill.
confectioneries. Two days later, Jill
Fearing for her life, Jill left and stayed with
returned home and decided to give Jack
her sister. To woo Jill back, Jack sent her
another chance. After several days,
floral arrangements of spotted lilies and
however, Jack again came home drunk.
confectioneries. Two days later, Jill
The following day, he was found dead.
returned home and decided to give Jack
Jill was charged with parricide but raised the another chance. After several days,
defense of "battered woman syndrome." however, Jack again came home drunk.
The following day, he was found dead.
Define "Battered Woman Syndrome." (2%)
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That on or about the 1st week of January such manifestations and representations to
2010 or subsequent thereto in Cebu City and transact in foreign exchange were false and
within the jurisdiction of this Honorable fraudulent, that these resulted to the
Court, the above-named accused, damage and prejudice of the complainants
conspiring and confederating together and and other persons, and that the
all of them mutually helping and aiding one defraudation pertains to funds solicited
another in a syndicated manner, through a from the public in general by such
corporation registered with the Securities corporations/associations.
and Exchange Commission (SEC), with
Will the case for syndicated estafa prosper?
intention of carrying out the unlawful or
Explain. (5%)
illegal act, transaction, enterprise or scheme,
with intent to gain and by means of fraud SUGGESTED ANSWER:
and deceit, did then and there willfully,
unlawfully, and feloniously defraud Virna, No, a case for syndicated estafa will not
Lana, Deborah and several other persons prosper because a syndicate for such crime
transactions, which they made with estafa or other forms of swindling defined in
complainants and the public in general, to Arts. 315 and 316 of the Revised Penal
the effect that they were in a legitimate Code; whereas the case given involved
business of foreign exchange trading only three (3) accused who are alleged to
under the name and style of ABC swindling. But because the amount
Corporation and DEF Management defrauded exceeds P100,000.00, the case is
Philippines, Incorporated, induced and still under the same P.D. 1689 with a lower
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“Torture” refers to an act by which sever I. The acquittal of an accused shall bar the
pain or suffering, whether physical or civil action arising from the crime where the
ALTERNATIVE ANSWER:
Acquittal in a criminal action bars the civil
In addition to torture, the crime of action arising therefrom where the judgment
maltreatment of prisoner is committed. of acquittal holds that the accused did not
commit the criminal
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action bars the civil action arising therefrom (i.e. the father or the mother) is principally
where the judgment of acquittal holds that liable pursuant to Article 101 of the Revised
the accused did not commit the criminal acts Penal Code.
imputed to them (Tan v. Standard Vacuum
Oil Co., [Note: the question pertains to a matter
(C). Parents of minors who act with (B). If it arises from jealousy of a man who
discernment in committing crimes. has been living-in with the woman for the
past 20 years.
Under section 6 of R.A. 9344, the exemption
from criminal liability of a child does not In U.S. v. dela Cruz (G.R. No. L-7094, March
include the exemption form civil liability. If 29, 1912), the Supreme Court appreciated
the child is exempted from criminal liability, the mitigating circumstance of passion and
the person who has legal authority or control obfuscation wherein the accused, in the
heat of passion, killed
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the deceased, who had been his querida privileged mitigating circumstances under
(concubine or lover), upon discovering her Article 69 of the Revised Penal Code.
in flagrante in carnal communication with a
mutual acquaintance. V. Conspiracy to commit a felony is
punishable only in cases where the law
IV. Who among the following accused is specifically provides a penalty. Which of the
entitled to a privileged mitigating following combinations contain specific
circumstance that would lower the felonies under the Revised Penal Code?
imposable penalty by one degree? (0.5%) (0.5%)
(A) A minor above 15 years old and (A) Conspiracy to commit treason,
below 18 years old who acted with conspiracy to commit rebellion,
discernment. conspiracy to commit coup d'etat,
conspiracy to commit misprision of
(B) One who, in fulfillment of his treason.
duty to carry out the warrant of
arrest of a fugitive, shot the fugitive (B) Conspiracy to commit rebellion,
to death without ascertaining his conspiracy to commit coup d'etat,
identity. conspiracy to commit treason,
conspiracy to commit sedition.
(C) One who defended himself
against an unlawful aggression but (C) Conspiracy to commit rebellion
used unreasonable means and gave or insurrection, conspiracy to
provocation. commit sedition, conspiracy to
commit illegal assemblies,
(D) All of the above. conspiracy to commit treason.
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(B) Conspiracy to commit rebellion, A woman, who befriends and puts a sleeping
conspiracy to commit coup d'etat, pill in the victim‟ drink to enable her
conspiracy to commit treason, conspiracy husband to have intercourse with the victim,
to commit sedition. may be held liable for rape as principal by
indispensable cooperation and on the
Conspiracy to commit coup d‟etat or basis of collective responsibility by reason of
rebellion is punishable under Article 136 of conspiracy.
the Revised Penal Code; conspiracy to
commit treason under Article 115, and VII. The death of the accused extinguishes
conspiracy to commit sedition under Article his criminal liability but civil liability is not
141. extinguished. (0.5%)
VI. Choose the correct circumstance when a (A) when the death of the accused
woman may be held liable for rape: (0.5%) occurred before conviction
(A) With the use of force or (B) when the death of the accused
intimidation. occurred after conviction and after
he has perfected his appeal from
(B) When the rape is committed by conviction
two or more persons.
(C) when the death of the accused
(C) When the offender uses an occurred during the pendency of his
instrument and inserts it m the appeal
mouth of the victim.
(D) when the death of the accused
(D) When she befriends and puts a occurred after final judgment
sleeping pill in the victim's drink to
enable her husband to have (E) None of the above.
intercourse with the victim.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(D) When she befriends and puts a sleeping (D) when the death of the accused
pill in the victim's drink to enable her occurred after final judgment
husband to have intercourse with the victim.
Criminal liability is totally extinguished by
the death of the convict, as to the
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IX. Choose from the list below the correct (A) Yes, because Luis has no
principle in considering "motive". (0.5%) property to pay for the fine, so he
must suffer the equivalent
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imprisonment provided by law in If Ben died before the promissory note's due
lieu of fine. date and Anthony still collected P1,000,000
with interest from Ben's estate, what crime/s
(B) No, because subsidiary did Anthony commit? (1%)
imprisonment is applicable only
when the penalty imposed is prision (A) Falsification of a public
correccional or below. document.
When the principal imposed is higher than committed “by inducing another, by
XI. Anthony drew a promissory note and him, Ritchie emptied a gallon of motor oil
asked his tem1inally-ill and dying business on the school's stairway where Gina usually
partner Ben to sign it. The promissory note passed. Gina, unaware of what Ritchie did,
bound Ben to pay Anthony One Million Pesos used the slippery stairway and slipped,
(P1,000,000) plus 12% interest, on or before hitting her head on the stairs. Gina died from
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SUGGESTED ANSWER:
(C) Homicide (People v. Pugay, G.R. No. L-
74324, November 17, 1988).
(B) No, because multiple sentences are
served successively not simultaneously
XIII. Santos was sentenced to suffer
(Article 70, Revised Penal Code).
imprisonment in three separate judgments:
6 months and 1 day to 4 years for
XIV. Amelia, a famous actress, bought the
attempted homicide; 6 yearsand1day to 8
penthouse unit of a posh condominium
years for frustrated homicide; and 6 years
building in Taguig City. Every night, Amelia
and1day to20years for homicide. After his
would swim naked in the private, but open
20th year in the National Penitentiary,
air, pool of her penthouse unit. It must
Santos filed a petition for habeas corpus
have been obvious to Amelia that she could
claiming that he had fully served his
be seen from nearby buildings. In fact,
sentence of 20 years and should therefore
some residents occupying the higher floors
be immediately released from
of the nearby residential buildings did
imprisonment.
indeed entertain themselves and their
friends by watching her swim in the nude
Was Santos correct? (1%)
from their windows.
(A) Yes, because he served his
What crime did Amelia commit? (1%)
sentences simultaneously so that
his 20 years of incarceration was
(A) Alarms and scandals because
sufficient.
her act of sw1mmmg naked disturbs
the public tranquility.
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(B) Grave scandal because she XV. After drinking a bottle of Jack Daniels,
committed highly scandalous acts Jonjon drove his BMW sports car at high
that are offensive to decency or good speed, rammed into a group of crossing
customs. pedestrians, and hit a traffic light post. The
incident caused the death of one (1)
(C) Immoral doctrines, obscene pedestrian, serious injuries to three (3)
publications and exhibitions, and others, and the destruction of the traffic
indecent shows under Article 201 of light post.
the Revised Penal Code, because her
act of swimming naked is akin to an If you were the prosecutor, what would you
indecent live show. charge Jonjon? (1%)
(D) Amelia did not commit any crime (A) Homicide with serious physical
because the swimming pool is located injuries through simple negligence.
in her private home.
(B) Damage to property, serious
SUGGESTED ANSWER: physical injuries and homicide
through reckless negligence.
(D) Amelia did not commit any crime
because the swimming pool is located in her (C) Simple negligence resulting in
private home. damage to property, serious
physical injuries and homicide.
Ameli did not commit the crime of alarms
and scandals because she did not intend to (D) Reckless imprudence resulting in
disturb public peace as she was merely homicide, serious physical injuries
swimming within the confines of her private and damage to property.
home. Neither did Amelia commit grave
scandal because her conduct cannot be SUGGESTED ANSWER:
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XVI. On June 1, 2011, Efren bought a used Can Atty. Jose be held criminally liable for
top-of-the-line Mercedes Benz for P7.5 libel? (1%)
Million from Switik Trading. On the same
day, he paid P2,500,000 in cash and issued (A) No, because an Answer to a
dated July 31, 2011. He then brought the car communications made are
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impertinent to the issue in the pleading may (D) acts of lasciviousness (Article 336,
be libelous. Revised Penal Code).
A pleading is absolutely privileged when the XIX. If Rod killed Irene, his illegitimate
defamatory statement therein is legitimately daughter, after taking her diamond earrings
related thereto, or so pertinent to the inquiry and forcing her to have sex with him, what
in the course of the trial (People v. crime/s should Rod be charged with? (1%)
Sesbereno, G.R. No. L-
62449, July 16, 1984). Although statements (A) Robbery and rape with parricide.
XVIII. Using his charms because of his movie (E) None of the above.
star looks, Phil, in a movie date with Lyn, a
19-year old colegiala, kissed her on the SUGGESTED ANSWER:
SUGGESTED ANSWER:
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(Atty. Hipolito) was asking money from is not the device or arrangement
Julito in exchange for dropping the contemplated by the law and the use of an
extortion charge filed against Julito. extension line cannot be considered as wire
Ricardo was charged of violating the Anti- tapping (Gaanan v. IAC, G.R. No. L-69809,
Under these facts, was there a violation as XXI. Judge Talim, upon complaint and
law and the use of an extension line manifest partiality under R.A. No.
tapping.
(D) Bribery.
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interlocutory order are present, to wit: (1) opium, he shall not be held additionally
that the offender is a judge; (2) that he liable for use of dangerous drugs under
performs any of the following acts: (a) he Section 15 of RA 9165. The last paragraph of
knowingly renders an unjust interlocutory thi provision provides: “this Section shall
order or decree; or (b) he renders a not be applicable where the person tested
ignorance (Article 206, Revised Penal Code). provided for under Section 11 of this Act, in
The requirement of a notice and hearing is a which case the provisions stated therein
of cocaine were found in his backpack. In order to establish the crime of importation
of dangerous drugs, it must be shown that
What offense would you charge George the dangerous drugs are brought to the
under R.A. No. 9160 (Comprehensive Philippines from a foreign country. In this
Dangerous Drugs Act)? (1%) case, it was not stated whether the
arrival lounge is in the domestic or
(A) Use of dangerous drug. international terminal of NAIA and whether
or not George is an airplane passenger, who
(B) Use and possession of dangerous
just arrived form a foreign country. Thus,
drugs.
the crime committed is possession of
dangerous drugs.
(C) Possession of dangerous drugs.
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XXIII. During a military uprising aimed at XXIV. Andres was convicted of frustrated
ousting the duly constituted authorities homicide and was sentenced to 6 years and
and taking over the government, General 1 day as minimum, to 8 years of prision
Tejero and his men forcibly took over the mayor as maximum. Andres appealed his
entire Rich Hotel which they used as their conviction to the Court of Appeals, which
base. They used the rooms and other convicted him of attempted homicide, and
facilities of the hotel, ate all the available sentenced him to 6 months of arresto
food they found, and detained some hotel mayor as minimum, to4years of prision
guests. correccional as maximum.
What crime did General Tejero and his men Instead of appealing his conviction, Andres
commit? (1%) filed an application for probation with the
Regional Trial Court. Is Andres qualified to
(A) Rebellion complexed with serious avail of the benefits of the probation law?
illegal detention and estafa. (1%)
needed for the exercise and continued disqualified him so that he can no
Penal Code).
(E) None of the above.
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1. The wife of AAA predeceased his separately from the liability for
criminal information for estafa, but the penalty prescribed for the
constitute not only the crime of estafa, d. Considering that under the given
but also falsification of public document situation, the two (2) crimes of
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death of the deceased spouse. The principal applied the “mistake of fact” doctrine in
of pro reo calls for the adoption of the relation to the justifying circumstance of
favorable to the accused. However, the 15 Phil. 488), defense of person and right
absolutory cause applies to theft, swindling (US v. Bautista, G.R. No. 10678, August
theft through falsification or estafa through 1915), defense of honor (United States v.
Apego, 23 Phil. 391), performance of duty,
falsification (Intestate estate of Gonzales v.
(People v. Mamasalaya, G.R. No. L-
People, G.R. No. 181409, February 11,
4911, February 10, 1953), and the
2010).
exempting circumstance of obedience of an
2. Under which of the following order of superior officer (People v.
circumstances is an accused not liable Beronilla, G.R. No. L-4445, February 28,
for the result not intended? 1955). Hence, mistake of fact principle can
a. Accused is not criminally liable likewise be applied in relation to
for the result not intended when circumstance of lack of voluntariness such
there is mistake in the identity as the circumstance of irresistible force or
of the victim. uncontrollable fear. In sum, the accused will
b. Accused is not criminally liable for not be held criminally liable for the result not
the result not intended when intended when there is mistake of fact
there is mistake in the blow. constituting an involuntary act.
c. Accused is not criminally liable
ALTERNATIVE ANSWER:
for the result not intended when
the wrongful act is not the
C. Accused is not criminally liable for the
proximate cause of the resulting
result not intended when the wrongful act is
injury.
not the proximate cause of the resulting
d. Accused is not criminally
injury.
liable for the result not intended
when there is mistake of fact 3. Can there be a frustrated impossible
constituting an involuntary act. crime?
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a. Treachery and abuse of superior v. Rebucan, G.R. No. 182551, July 27,
strength qualify the killing to 2011). What should qualify the crime is
murder. treachery as proved and not abuse of
b. Only treachery qualifies the killing superior strength (People v. Loreto, G.R. No.
to murder because abuse of 137411-13, February 28, 2003, See also
superior strength is absorbed by People v. Perez, G.R. No. 181409, February
treachery. 11, 2010).
c. Treachery is the qualifying
aggravating circumstance, while 5. Which of the following circumstances
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increasing the penalty. The same rule No. 4103); while those convicted of
shall apply with respect to such a degree misprision of treason are not.
that it mut be necessity accompany the
commission thereof. Aggravating which arise 7. Proposal to commit felony is punishable
from the moral attributes of the offender only in cases in which the law specifically
shall only serve to aggravate the liability provides a penalty therefor. Under which
to sedition and those whose term of two (2) separate Informations for illegal
imprisonment exceed one year are entitled to recruitment under the Labor Code and
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Code and for estafa by means of a person convicted under RA No. 8042 may
deceit for the same act is also be convicted of offenses punishable by
violative of the principle against other laws (People v. Logan, G.R. No.
double jeopardy. 135030-33, July 20,
b. No. One Information for a 2001). Moreover, although the two
complex crime of illegal crimes may arise form the same facts, they
recruitment with estafa by are not the same. Not all acts, which
means of deceit should be filed, constitute astafa, necessarily establish
instead of two (2) separate illegal recruitment, for estafa is wider in
Informations. scope and rovers deceits whether or not
c. No. A person convicted of illegal related to recruitment actvivties. More
recruitment under the Labor importantly, the element of damage, which
Code may not, for the same act, is essential in estafa case, is immaterial in
be separately convicted of estafa illegal recruitment (People v. Turda, G.R.
by means of deceit. No.
d. Yes. A person convicted of illegal 97044, July 6, 1994). Moreover, under
recruitment under the Labor Section 6 of RA No. 8042 as amended by RA
Code may, for the same act, be No. 10022, the filing of an offebse
separately convicted of estafa by punishable under this Act shall be without
means of deceit. prejudice to the filing of cases punishable
under existing laws, rules or regulations. If
SUGGESTED ANSWER:
the recruitment is undertaken to defraud
another, the recruiter may be held liable for
D. it is well-settled that a person who has
estafa under paragraph 2(a) of Article 315
committed illegal recruitment may be
of the Revised Penal Code and illegal
charged and convicted separately of the
recruitment.
crime of illegal recruitment under RA No.
8042 and estafa. The reason for the rule is
[Note: RA No. 8042 amended pertinent
that the crime of illegal recruitment I malum
provisions of the Labor Code and gave a new
prohibitum where the criminal intent of the
definition of the crime of illegal recruitment
accused is not necessary for conviction,
and provided for a higher penalty – Nasi-
while the crime of estafa Is malum in se
Villar v. People, G.R. No.
where the criminal intent of the accused is
176169, November 14, 2008]
necessary for conviction. In other words,
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society has always considered a person (17) years and four (4) months of
attempts to kill herself as an unfortunate reclusion temporal as maximum.
being, a watched person more deserving of
pity rather than of penalty.” Hence, the SUGGESTED ANSWER:
13. Chris Brown was convicted of a complex 2001, the Supreme Court En Banc found the
crime of direct assault with homicide accused guilty of the complex crime of
authorities are engaged in the discharge indeterminate penalty ranging from twelve
of their duties. The penalty for homicide (12) years of prision mayor, as minimum,
is reclusion temporal. On the other hand, to twenty (20) years of reclusion temporal, as
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c. Illegal assembly for A, 8, C and all not, the offender cannot be prosecuted
those present at the meeting. separately for illegal possession of firearm.
d. Conspiracy to commit sedition RA 8294 prescribes a penalty for possession
for A, B, C and those present at of unlicensed firearm “provided, that no
the meeting. other crime was committed.” A simple
reading of PD
SUGGESTED ANSWER: 1866 as amended by RA 8249 shows that if
an unlicensed is used in the commission of
C. inciting to sedition under Article 142 of
any crime, there can be no separate offense
the Revied Penal Code is not committed
of simple illegal possession of firearms
since there is no showing that the
(People v. Ladjaalam, G.R. Nos. 136149-51,
audience was incited by “A”, “B” and
September 19, 200; Celino v. CA, GR No.
“C” themselves to commite sedition.
170562, June 29, 2007).
Neither is conspiracy to commit sedition
under Article 142 committed since there is 15. Is the crime of theft committed by a
no showing that the organizers and person who, with intent to gain, takes a
audience agreed and decided to commit worthless check belonging to another
sedition. The crime committed is illegal without the latter's consent?
assembly under Article 146 of the Revised a. Yes. All the elements of the
Penal Code. This crime is committed by crime of theft are present: that
organizers and leaders of a meeting in which there be taking of personal
the audience wa incited to the commission property; that the property
of the crime of sedition. Persons merely belongs to another; and that the
present at such meeting shall likewise be taking be done with intent to
held criminally liable. gain and without the consent of
the owner.
Those who were carrying unlicensed
b. No. The taking of the worthless
firearms, cannot be separately charged with
check, which has no value,
the crime of illegal possession of unlicensed
would not amount to the crime
firearm in addition to illegal assembly.
of theft because of the legal
Settled is the rule that if the offender
impossibility to commit the
committed illegal possession of firearm and
intended crime.
other crime, whether expressly mentioned in
c. Yes. Theft is committed even if
RA No. 8294 or
the worthless check would be
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theft. While serving sentence for such 1866, the penalty for illegal possession of
was serving sentence when found under PD No. 1866 were taken from the
because the offense for which he Feloteo, G.R. No. 124212, June 5, 1998).
from the second offense. penalty in its maximum period due to the
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second crime must be a felony to appreciate 18. What crime is committed by a person
quasi-recidivism because Article 160 who kills a three-day old baby?
speaks of a “felony”, the Supreme Court in a. infanticide;
People v. Salazar, G.R. No. 98060 January b. homicide;
27, 1997 appreciated quasi-recidivism c. murder;
against the accused, who committed an d. parricide.
offense under RA No.
6425. Hence, “A” is the answer. SUGGESTED ANSWER:
17. What crime is committed by one who C. the crime commited is not infanticide
defrauds another by taking undue under Article 255 of the Revised Penal Code
advantage of the signature of the since the victim killed is not less than three
offended party in a blank check and by days of age. Killing of a three- day old baby
writing the payee and amount of the constitutes murder qualified by treachery
check to the prejudice of the offended under Article 248. Minor children, who by
means; 2004).
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killed by the accused; (3) the deceased is the 3947, January 28, 1908); or (3) determining
father, mother, or child, whether legitimate if he committed or is committing a crime (US
or illegitimate, or a legitimate other v. Hawchaw, GR No. L-6909, February 20,
ascendant ot other descendant, or the 1912).
legitimate spouse of the accused (People v.
Tibon, G.R. No. 188320, June Arbitrary detention is a crime against
29, 2010). Killing his legitimate brother fundamental law of the law or the
is not parricide since he is just a collateral Constitution. A public officer, who is vested
relative of the accused. However, killing a with the authority to detain or to order the
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person who, in any case other than those accused went to Barangay Chairman after
authorized by law, or without reasonable the killings to seek protection against the
another for the purpose of delivering him to Considering that the accused did not
save the authorities the trouble who failed to inform the buyer
and expense for his arrest. that the laptop had a defect.
c. No. A did not unconditionally b. The person who ran away with
save the authorities the trouble c. The person who assured he will
and expenses necessary for his pay interest on the amount but
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d. The son who induced his father constitute estafa of theft depending upon
to buy from him a land which the nature of possession. If his possession of
the son is no longer the owner. the property if physical or de facto,
misappropriation thereof is constitutive of
SUGGESTED ANSWER: theft. If the possession is juridical or legal,
misappropriation thereof is estafa through
B. the person, who ran away with a
misappropriation (See: People v. Mirto, GR
cellphone which was handed to him upon
No. 193479, October 19, 2011). Thus, the
his pretence that he had to make an
person, who ran away with a cellphone
emergency call, is liable for estafa through
which was handed to him upon his
misappropriation.
pretence that he had to make an
emergency call, is liable for theft since
ALTERNATIVE ANSWER:
the possession of offender is merely
A.fraud or deceit may be committed by physical (See: US v. De Vera, 43
omission. It is true that mere silence is not Phil. 1000). Hence, “B” is not the
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27. What crime is committed by a public victim. Which one of the following
officer who, before the acceptance of his circumstances constitutes parricide?
resignation, shall abandon his office to a. Offender killing the illegitimate
the detriment of the public service in daughter of his legitimate son.
order to evade the discharge of the b. Offender killing his illegitimate
duties of preventing, prosecuting or grandson.
punishing the crime of treason? c. Offender killing his common-law
a. abandonment of office or wife.
office;
SUGGESTED ANSWER:
c. misprision of treason;
d. negligence in the prosecution of
D. Parricide is committed when: (1) a
offense.
person is killed; (2) the deceased is killed by
the accused; (3) the deceased is the father,
SUGGESTED ANSWER:
mother, or child, whether legitimate or
committed by any public officer who, before or other descendant, or the legitimate
the acceptance of his resignation, shall spouse of the accused (People v. Tibon, GR
public service. The crime is qualified if the 29, 2010). Killing his granddaughter,
prosecuting or punishing any of the crime legitimate. In parricide, the legitimacy of the
falling within Title One, and Chapter One of relationship is an essential element thereof
Title Three of Book Two of the Revised if the victim is the wife or the second degree
Penal Code such as treason (Article 238). direct relative of the offender. Hence, “A”,
Hence, the crime committed is qualified “B” or “C” is not the answer. On the other
abandonment of office. hand, killing his illegitimate mother is
parricide. In parricide, the legitimacy of the
28. The key element in a crime of parricide relationship is not an essential element
other than the fact of killing is the thereof if the victim is the first degree direct
relationship of the offender to the relative of the offender.
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29. What is the minimum age of criminal constitutes trafficking in person (Section
responsibility? 4 [f] of RA No. 9208). The means to commit
a. a} fifteen (15) years old or under trafficking in person such as taking
b. nine (9) years old or under advantage of the vulnerability of the victim,
c. above nine (9) years old and fraud etc. can be dispensed with since the
under fifteen (15) who acted with trafficking is qualified when trafficked
discernment person is a child or when the adoption is
d. above fifteen (15) years old and effected through Inter- Country Adoption Act
under eighteen (18) who acted of and said adoption is for the purpose of
with discernment prostitution (Section 6 [a] and [b]).
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the crime.
A.Since the offender was sentenced to term
c. When there are four ( 4) armed
of not more than one year, the period of
persons, one of whom is a
probation shall not exceed two years (Section
principal by inducement.
14 PD No 968).
d. When there are four (4)
malefactors, one of whom is
34. What is the criminal liability, if any, of a
armed.
mayor who, without being authorized by
law, compels prostitutes residing in his
SUGGESTED ANSWER:
city to go to, and live in, another place
Article 14 (6) of the Revised Penal Code, to a. The mayor is criminally liable for
malefactors, (2) at least four of them are b. The mayor is criminally liable for
123161, June 18, 2003, En Banc), and (3) c. The mayor is criminally liable for
29, 2003, GR Nos. 137370-71, the Supreme wants to protect the youth
Court En Banc stated that the four armed against the indecency of the
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official, no matter how high, is above the law or to stir up the people against
(Villavicencio v. Lukban, GR No. the lawful authorities.
14639, March 25, 1919). A public officer,
who, not being thereunto authorized by law, SUGGESTED ANSWER:
35. How is the crime of coup d'etat directed against duly constituted authorities
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37. What is the proper charge against a ends of sedition (People v. Arrogante,
person who, without taking arms or 39 O.G. 1974). In sum, the offender must
being in open hostility against the incite others not only to accomplish any
deprive Congress of its legislative powers, national government or public officer form
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against the government for any of the group of persons entered the municipal
purposes of rebellion (The Revised Penal building rising publicly and taking up
must incite other not only to accomplish authority with respect to the residents
(rising publicly and taking up arms against such locality under their control from
the government). in the facts given, the allegiance to the laws of the
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deemed to be tumultuous?
40. What is the criminal liability, if any, of a
a. The disturbance shall be
police officer who, while Congress was
deemed tumultuous if caused by
in session, arrested a member thereof
more than three (3) persons who
for committing a crime punishable by a
are armed or provided with
penalty higher than prision mayor?
means of violence.
a. The police officer is criminally
b. The disturbance shall be deemed
liable for violation of
tumultuous when a person
parliamentary immunity
causes a serious disturbance in
because a member of Congress
a public place or disturbs public
is privileged from arrest while
performance, function or
Congress is in session.
gathering.
b. The police officer is criminally
c. The disturbance shall be deemed
liable for disturbance of
tumultuous when more than
proceedings because the arrest
three (3) persons make any
was made while Congress was in
outcry tending to incite rebellion
session.
or sedition or shout subversive
c. The police officer incurs no
or provocative words to obtain
criminal liability because the
member of Congress has
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(Clarin v. Justice of Peace, GR No. L- together with other Filipino girls (People v.
7661, April 30, 1955). Adlawan, supra).
42. Which of the following circumstances 43. What is the crime committed by a
may be appreciated as aggravating in public officer who discloses to the
the crime of treason? representative of a foreign nation the
a. cruelty and ignominy; contents of the articles, data or
b. evident premeditation; information of a confidential nature
c. superior strength; relative to the defense of the Philippine
d. treachery. archipelago which he has in his
possession by reason of the public office
SUGGESTED ANSWER:
he holds?
a. espionage;
A.Treachery and abuse of superior strength
b. disloyalty;
are by their nature, inherent in the offense
c. treason;
of treason and may not be taken to aggravate
d. violation of neutrality.
the penalty (People v. Adlawan, GR No. L-
456, March 29, 1949). Evident
SUGGESTED ANSWER:
premeditation is inherent in treason
because adherence and the giving of aid A.Espionage is committed by public officer,
and comfort to the enemy is a long who is in possession, by reason of the
continued process requiring comfort to the public office he holds, of the articles, data, or
enemy is a long continued process information of a confidential nature relative
requiring for the successful consummation to the defense of the Philippine Archipelago,
of the traitor‟s purpose a fixed, reflective discloses their contents to a representative
and persistent determination and planning of a foreign nation (Article 117 of the
(People v. Racaza, GR No. L-365, Revised Penal Code).
January 21,
1949). However, cruelty may be appreciated 44. A foreigner residing in Hong Kong
in treason by deliberately augmenting the counterfeits a twenty-peso bill issued by
wrong by being unnecessarily cruel to the Philippine Government. May the
captured guerrilla suspects, subjecting them foreigner be prosecuted before a civil
to death and ignominy by arresting and court in the Philippines?
maltreating a guerrilla suspect and then a. No. The provisions of the Revised
stripping his wife of her clothes and then Penal Code are enforceable only
abusing her
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residence. If an alien, while residing in a lability for physical injuries (Article 235 of
foreign country, does an act, which would the Revised Penal Code).
amount to treason if committed by a citizen
of that country, he will be held liable for ALTERNATIVE ANSWER:
46. A jailer inflicted injury on the prisoner information form the prisoner. A jailer who
because of his personal grudge against inflicted injuries on the prisoner because of
the latter. The injury caused illness of personal grudge against him is liable for
the prisoner for more than thirty (30) physical injuries only (People v. Javier, CA,
with maltreatment of prisoner officer. If the public officer committed the act
and serious physical injuries. in his private capacity, this crime is not
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d. The court shall place the child C. under Article 280 of the Revised Penal
on probation. Code, qualified trespass to dwelling is
committed by any private person who
SUGGESTED ANSWER: shall enter the dwelling of another
against the latter‟s will and by means of
B. Section 38 of RA 9344 provides that
violence or intimidation. However, the
suspension of sentence can still be applied
provisions of Article 280 shall not be
even if the child in conflict with the law is
applicable to any person who shall enter
already 18 years of age or more at the time
another‟s dwelling for the purpose of
of the pronouncement of his/her guilt.
preventing some serious harm to himself.
Section 40 of the same law limits the said
suspension of sentence until the child 54. AAA was convicted of theft by a Manila
reaches that maximum age of 21 (People v. Court and sentenced to a straight
Mantalba, GR No. 186227, July 20, 2011). penalty of one (1) year of prision
correccional. After serving two (2)
53. What is the criminal liability, if any, of a
months of the sentence, he was granted
private person who enters the dwelling
conditional pardon by the Chief
of another against the latter's will and
Executive. One of the conditions of the
by means of violence or intimidation for
pardon was for him not to be found guilty
the purpose of preventing some harm to
of any crime punishable by the laws of
himself?
the country. He subsequently
a. The private person is criminally
committed robbery in Pasay City. Can
liable for qualified trespass to
the Manila Court require AAA to serve
dwelling.
the unexpired portion of the original
b. The private person is criminally
sentence?
liable for simple trespass to
a. Yes. The Manila Court has the
dwelling.
authority to recommit AAA to
c. The private person incurs no
serve the unexpired portion of
criminal liability.
the original sentence in addition
d. The private person is criminally
to the penalty for violation of
liable for light threats.
conditional pardon.
b. No. The penalty remitted by the
SUGGESTED ANSWER:
conditional pardon is less than
six (6) years.
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c. Yes. The penalty for violation of conditional pardon granted to AAA does not
conditional pardon is the exceed six years, the court cannot require
unexpired portion of the the convict to serve the unexpired portion of
punishment in the original his original sentence in addition to the
sentence. penalty of prision correctional in its
d. No. AAA must first be found guilty minimum period (See: Revised Penal Code by
of the subsequent offense before Luis Reyes).
he can be prosecuted for violation
of conditional pardon. 55. What is the criminal liability of a person
who knowingly and in any manner aids
SUGGESTED ANSWER: or protects highway robbers/brigands
by giving them information about the
D. AAA must be first found guilty of a movement of the police?
subsequent offense before he can be a. He is criminally liable as
prosecuted for violation of conditional principal by indispensable
pardon. cooperation in the commission of
highway robbery or brigandage.
ALTERNATIVE ANSWER:
b. He is criminally liable as an
accessory of the principal
C. Even if AAA will be found guilty of a
offenders.
subsequent offense, just the same the
c. He is criminally liable as an
court cannot require AAA to serve the
accomplice of the principal
unexpired portion of the original sentence.
offenders.
The penalty for violation of conditional
d. He is criminally liable as
pardon under Article 159 of the Revised
principal for aiding and
Penal Code will depend upon the penalty
abetting a band of brigands.
remitted by the granting of pardon. The
penalty remitted is the unexpired portion of
SUGGESTED ANSWER:
the sentence at the time the pardon was
accepted. If the unexpired portion of the D. The crime of aiding and abetting a band
penalty is not higher than six years, the of brigands is committed by a ny person
convict shall then suffer penalty of prision knowingly and in any manner acting,
correctional in its manimum period. Since abetting or protecting a band of brigands as
the penalty remitted by the described in the next preceding article, or
giving them
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c. RR is not liable for estafa falsified travel documents because she had
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recruitment does not bar the filing of estafa, b. A is criminally liable for robbery
and vice versa. RR‟s acquittal in the illegal with force upon things in an
recruitment case does not prove that she is inhabited house because the act
not guilty of estafa. Illegal recruitment and was committed in a house
estafa are entirely different offenses and constituting the dwelling of one
neither one necessarily includes or or more persons.
necessarily included in the other. A person c. A is criminally liable for grave
who is convicted of illegal recruitment may, coercion because the
in addition, be convicted of estafa. In the presumption of intent to gain is
same manner, a person acquitted of illegal rebutted.
recruitment may be held liable for estafa. d. A is criminally liable for qualified
Double jeopardy will not set in because trespass to dwelling because he
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b. The physician is criminally liable less than one (1) month and/or
if the false medical certificate is fine of less than P200.00.
used in court. c. Probation is not applicable
c. The physician incurs no criminal when accused is convicted of
liability if the false medical indirect assault.
certificate is not submitted to d. Probation is not applicable when
the court. accused is convicted of indirect
d. The physician incurs no criminal bribery.
liability if the false medical
certificate does not cause SUGGESTED ANSWER:
prejudice or damage.
C. The benefits of probation hall not be
extended to those: (a) sentenced to serve a
SUGGESTED ANSWER:
maximum term of imprisonment of more
A.The crime of falsification of medical than six years; (b) convicted of any offense
certificate is committed by any physician against the security of the State; (c) who
who, in connection, with the practice of hi have previously been convicted by final
profession, shall issue a false certificate judgment of an offense punished by
(Article 174). What is criminal under imprisonment of not less than one month
Article 174 is the issuance of false and one day and/or a fine of not less than
medical certificate. Submitting the false Two Hundred Pesos (Section 9 of PD 968).
medical certificate to the court or causing Thus, probation is applicable (1) when the
prejudice or damage is not an element of this accused is sentences to serve a maximum
crime. term of imprisonment of six years; (2) when
the accused have presently (not previously)
60. Under which of the following been convicted by final judgment of an
circumstances is probation not offense punished by imprisonment of not
applicable? less than one (1) month and one day
a. Probation is not applicable when and/or fine of not less P200; and (3) when
the accused is sentenced to the accused is convicted of security or public
serve a maximum of six (6) order. However, probation is not applicable
years. when the accused is convicted of direct
b. Probation is not applicable when assault because this is a crime against the
the accused has been convicted public order.
by final judgment of an offense
punished by imprisonment of
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A.Theft is committed by a person who, B. Article 48 of the Revised Penal Code refers
having found lot property shall fail to deliver to cases where “a single act constitutes
the same to the authorities or to its owner two or more grave felonies”. A complex
(Article 308 of the Revised Penal Code). (compound) crime refers to singularity of
criminal act (People v. Pineda, GR No. L-
62. At a wake, there were people watching a 26222, July 21, 1967). When one fires his
game of dice. With treachery and use of firearm in succession, killing and wounding
unlicensed firearms, AA fired several persons, the different acts must be
successively several gunshots at their considered as distinct crimes (People v.
direction. During the shooting, four (4) Remollino, GR No. L-14008, September 30,
persons were killed and fourteen (14) 1960). When various victims expire from
others were injured and brought to the separate shots, such acts constitute
hospital for the treatment of gunshot separate and distinct crimes (People v.
wounds. What should be the proper Tabaco, GR No.
charge against AA? 100382-1000385, March 19, 1997).
a. AA should be charged with
multiple murder and attempted 63. A, B, C and D are members of the police
murder. department of a municipality.
b. AA should be charged with four Conspiring with one another, they
(4) counts of murder and arrested E, without reasonable ground,
for the purpose of delivering him to the
proper authorities by imputing to E the
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employee of the Office of the Local Civil felonies committed by means of deceit
Registrar, agreed to perform an act not (dolo) and by means of fault (culpa).
constituting a crime in connection with Which of the following causes may not
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c. When a person wrongfully dispose of the same. The law was taken from
takes real property from its lawful Article 455 of the Spanish Penal Code.
possessor to the prejudice of the Although, the words “como libre” in the
must perforce come within meaning and encumbrance” is not present. Hence, “b”
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66. DD, intending to kill EE, peppered the b. The offender commits slander by
latter's bedroom with bullets, but since deed.
the intended victim was not home at c. The offender commits assault.
that time, no harm came to him. What d. The offender commits coercion.
crime is committed?
SUGGESTED ANSWER:
a. DD committed the crime of
attempted murder.
A.Maltreatment is committed by an offender,
b. DD committed the crime of
who shall ill-treat another by deed without
attempted homicide.
causing any injury (Article
c. DD committed the crime of
266 of the Revised Penal Code).
impossible crime.
d. DD committed the crime of 68. The baptism of A was solemnized by B,
malicious mischief. an ecclesiastical minister, in the
absence of C, one of the godparents.
SUGGESTED ANSWER:
Upon request of the mother of A, B
caused the inclusion of the name of C in
D. In Intod v. CA, GR No. 103119, October
the baptismal certificate of A as one of
21, 1992 – outside the house of the victim,
the godparents and allowed a proxy for
accused with intent to kill fired at the
C during the baptismal ceremony. What
bedroom, where the victim is supposed to be
is the criminal liability, if any, of the
sleeping. No one was in the room when the
ecclesiastical minister?
accused fired the shots. No one was hit by
a. The ecclesiastical minister is
the gun fire. The accused were convicted
criminally liable for falsification
of impossible crime. Accused shoot the place
of baptismal certificate by
where he thought his victim would be,
causing it to appear that C
although in reality, the victim was not
participated in the baptismal
present in said place and thus, the accused
ceremony when he did not in
failed to accomplish their end due to it
fact so participate.
factual impossibility.
b. The ecclesiastical minister is not
67. What crime is committed when a person criminally liable because the
ill-treats another by deed without insertion of the name of C in the
causing any injury? baptismal certificate will not
a. The offender commits affect the civil status of A.
maltreatment.
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P200 or both. Article 59 should not be made allows another to take the funds, or through
applicable to one who attempts to commit a abandonment or negligence, allow such
light felony of impossible materialization taking. The felony may be committed, not
since the penalty for the former is graver only through the misappropriation or the
than that for the latter. It would be unfair conversion of public fund or property to
to punish a person, who failed to commit a one‟s personal use, but also by knowingly
light felony since it is impossible to allowing others to make use of or
accomplish it, for a graver penalty than misappropriate the fund. The felony may
that for a person who committed a light thus be committed by dolo or by culpa.
felony. The crime is consummated and the
appropriate penalty is imposed regardless
70. What crime is committed by a public of whether the mode of commission is with
officer who, having control of public intent or due to negligence (People v.
funds or property by reason of the Pantaleon, Jr., GR No. 158694-96, March
duties of his office and for which he is 13, 2009).
accountable, permits any other person
through abandonment to take such 71. AA knowingly and willfully induced BB
public funds or property? to swear falsely. BB testified as told in a
a. The public officer commits formal hearing of an administrative case
malversation. under circumstances rendering him
b. The public officer commits guilty of perjury. Is AA criminally liable?
technical malversation. a. AA is not criminally liable
c. The public officer commits the because his act constitutes
crime of failure of accountable or subornation of perjury which is
responsible officer to render not expressly penalized in the
accounts. Revised Penal Code.
d. The public officer commits the b. AA is not criminally liable
crime of failure to make delivery because he was not the one who
of public funds or property. gave false testimony in the
administrative case.
SUGGESTED ANSWER:
c. AA is not criminally liable
because the witness suborned
A.It is settled that a public officer is liable
testified in an administrative
for malversation even if he does not use
case only.
public property or funds under his custody
for his personal benefit, if he
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No. 9208 has not provided a penalty for it. office files as an act of revenge against
his supervisor?
74. With intent to cause damage, AAA a. The utility worker commits
deliberately set fire upon the two-storey infidelity in the custody of
their death. What crime was committed d. The utility worker commits crime
SUGGESTED ANSWER:
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then arrested him for possession of (D) not liable since the police
marijuana cigarette. What crime can the operation was an invalid instigation.
police officer be charged with?
(11) Plaintiff X said in his civil complaint for
(A) None, as it is a case of entrapment damages that defendant Y, employing
fraud, convinced him to buy a defective
(B) Unlawful arrest vehicle. Y filed a criminal action for libel
against X for maliciously imputing fraud on
(C) Incriminating an innocent
him. Will the action prosper if it turns out
person
that the civil complaint for damages was
baseless?
(D) Complex crime of
incriminating an innocent person
(A) No, since pleadings filed in
with unlawful arrest
court are absolutely privileged.
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(C) there is a crime for as long as the (B) battered woman syndrome, a
act is inherently evil. complete self-defense.
office who fed him the information. Did X forms of Swindling) where
commit libel?
(A) the owner of property sells a
(A) Yes, since the article was property and subsequently rescinds
(B) No, since X but made a fair sale does not exist.
(14) The husband has for a long time watched as Y and Z, police trainees, beat
physically and mentally tortured his wife. up and tortured W to get his confession. X
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(D) an accomplice in violation of the (A) prosecuted still since the charge
Anti-Hazing Law. was valid when filed.
(17) Dr. Chow, a government doctor, failed (B) dismissed without any
to submit his Daily Time Record (DTR) from precondition.
January to March 2000 and did not get
approval of his sick leave application for (C) dismissed provided the accused
April because of evidence that he was is not a habitual delinquent.
actually moonlighting elsewhere. Thus, the
(D) prosecuted still since the
medical Director caused the withholding of
offended party has a vested interest
his salary for the periods in question until he
in the repealed law.
submitted his DTRs in May 2000. Can Dr.
Chow prosecute the medical director for
(19) In malversation of public funds, the
causing him undue injury in violation of the
offender’s return of the amount malversed
Anti-Graft and Corrupt Practices Act?
has the following effect
(D) No, since Dr. Chow brought it (20) The exchanges of highly offensive
upon himself, having failed to submit words between two quarrelling women in
the required DTRs. the presence of a crowd of people constitute
(18) When a penal law is absolutely (A) one count of grave slander
repealed such that the offense is against the woman who uttered the
more insulting expressions.
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(B) grave slander against the woman a physical defect must prove that such defect
who started it and light slander restricted his freedom of action and
against the other woman. understanding. This proof is not required
where the physical defect consists of
(C) two separate counts of light
slander, one for each woman. (A) a severed right hand.
(B) culpa. (25) Three men gave Arnold fist blows and
kicks causing him to fall. As they
(C) tortious crimes. surrounded and continued hitting him, he
grabbed a knife he had in his pocket and
(D) quasi delict.
stabbed one of the men straight to the
heart. What crime did Arnold commit?
(23) To mitigate his liability for inflicting
physical injury to another, an accused with
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(A) Homicide with incomplete self- (D) Accomplice to robbery since his
defense, since he could have run role in the crime was minimal.
from his aggressors.
(27) X, a court employee, wrote the
(B) Homicide, since he knew that presiding judge a letter, imputing to Y, also
stabbing a person in the heart is a court employee, the act of receiving an
fatal. expensive gift from one of the parties in a
pending case. Because of this, Y accused X
(C) Homicide mitigated by of libel. Does Y need to prove the element of
incomplete self-defense, since malice in the case?
stabbing a person to the heart is
excessive. (A) No, since malice is self-evident in
the letter.
(D) No crime, since he needed to
repel the aggression, employing (B) Yes, malice is not presumed
reasonable means for doing so. since X wrote the letter to the
presiding judge who has a duty to act
(26) A, B, and C agreed to rob a house of its on what it states.
cash. A and B entered the house while C
remained outside as lookout. After getting (C) No, since malice is presumed
the cash, A and B decided to set the house with respect to defamatory
on fire to destroy any evidence of their imputations.
presence. What crime or crimes did C
commit? (D) Yes, since malice is not
presumed in libel.
(A) Robbery and arson since arson
took place as an incident of the (28) X killed B, mistakenly believing that
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(B) X as the drawer of the check (B) motive is material only where
there is no evidence of criminal
(C) Both X and Y based on intent.
conspiracy
(C) lack of motive precludes
(D) None conviction.
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(D) 18 years old at the time of the (35) Which among the following
commission of the crime acting with circumstances do NOT qualify the crime of
discernment. kidnapping?
(34) A private person who assists the (B) a public officer officially
shall be liable
(C) private individuals who executed
robbery.
(D) private individuals.
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(B) Separate crimes of murder and (B) X may plead praetor intentionem
arson since he intended only to scare, not
kill Z.
(C) Arson, the homicide being
absorbed already (C) X may plead aberratio ictus as
he had no intention to hit Z.
(D) Arson with murder as a
compound crime (D) X may plead commission of only
Discharge of Firearm as he had no
(38) Sam wrote a letter to his friends stating intent to kill Z when he fired his
that Judge Odon loves obscene magazines gun.
and keeps these in his desk. Charged with
libel, can Sam present proof that Judge (40) Which of the following statements
Odon indeed loves obscene magazines and constitute Inciting to Sedition?
keeps these in his desk?
(A) Utterance of statements irritating
(A) No, since the imputation is not or obnoxious to the ears of the
related to the duties of a judge. police officers.
(B) No, since Sam does not impute a (B) Speeches extolling
crime to Judge Odon. communism and urging the people
to hold a national strike and paralyze
(C) No, since Sam imputes the commerce and trade.
commission of a crime to Judge
Odon. (C) Leaders of jeepney and bus
associations shouting "Bukas tuloy
(D) Yes, since truth can be a valid ang welga hanggang sa magkagulo
defense in libel. na!"
(39) X, without intent to kill, aimed his gun (D) Speeches calling for resignation
at Z and fired it, hitting the latter who died of high government officials.
as a consequence. Under the circumstances
(41) Culpa can either be a crime by itself or
(A) X cannot plead praetor a mode of committing a crime. Culpa is a
intentionem since the intent to kill is crime by itself in
presumed from the killing of the
victim.
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(A) reckless imprudence resulting in (A) No, because the bystanders had
murder. nothing to do with the abandoned
truck on the road.
(B) medical malpractice.
(B) No, because the injury done is
(C) serious physical Injuries thru greater than the evil to be avoided.
reckless imprudence.
(C) Yes, since the instinct of self-
(D) complex crime of reckless preservation takes priority in an
imprudence resulting in serious emergency.
physical injuries.
(D) Yes, since the bystanders should
(42) The mitigating circumstance of have kept off the shoulder of the
immediate vindication of a grave offense road.
cannot be appreciated in a case where
(44) The accused was shocked to discover his
(A) Following the killing of his wife and their driver sleeping in the
adopted brother, P went to the place master’s bedroom. Outraged, the accused
where it happened and killed S got his gun and killed both. Can the
whom he found there. accused claim that he killed the two under
exceptional circumstances?
(B) X kills Y who attempted to rape
X’s wife. (A) No, since the accused had time
to reflect when he got his gun.
(C) P severely maltreats S, a
septuagenarian, prompting the
(B) No, since the accused did not
latter to kill him.
catch them while having sexual
intercourse.
(D) M killed R who slandered his
wife.
(C) Yes, since the wife and their driver
desecrated the marital bed.
(43) To save himself from crashing into an
unlighted truck abandoned on the road,
(D) Yes, since the scene shows that
Jose swerved his car to the right towards
they had an intimate relationship.
the graveled shoulder, killing two
bystanders. Is he entitled to the justifying (45) The three accused forcibly took their
circumstance of state of necessity? victim from his car but the latter succeeded
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in freeing himself from their grip. What crime mitigating circumstance and
did the three accused commit? voluntary surrender as another.
(46) Deeply enraged by his wife’s infidelity, (C) in a dark alley in Tondo.
the husband shot and killed her lover. The
husband subsequently surrendered to the (D) in a partly occupied
police. How will the court appreciate the condominium building.
mitigating circumstances of (i) passion or
(48) The penalty of perpetual or temporary
obfuscation, (ii) vindication of a grave
special disqualification for the exercise of
offense, and (iii) voluntary surrender that the
the right of suffrage does NOT deprive the
husband invoked and proved?
offender of the right
(A) It will appreciate passion or
(A) to be elected to a public office.
obfuscation and voluntary
surrender as one mitigating
(B) to vote in any popular election
circumstance and vindication of a
for a public office.
grave offense as another.
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attackers to death. Charged with murder, Z (D) The act which the offender
may raise the mitigating circumstance of agrees to perform or which he
executes is connected with his
(A) praeter intentionem. official duties.
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(D) Euthanasia.
(A) The check was returned unpaid
with stamp "stop payment,"
(56) When committed outside the Philippine
although the drawer’s deposit was
territory, our courts DO NOT have
sufficient.
jurisdiction over the crime of
(C) espionage.
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(C) The check was presented to the (B) the correct penalty for crimes
bank for payment 6 months after committed through reckless
the date of issue. imprudence.
(D) The drawer of the dishonored (C) whether the offender is liable as
check paid its value within 5 days an accomplice.
from notice of dishonor.
(D) what stage of the felony has been
(59) X and his step-father have a long- reached.
standing enmity. One day, irked by an
argument with his step-father, X smashed (61) A child in conflict with the law shall
the windshield of his step-father’s brand enjoy all the rights of a child until
(B) malicious mischief with the (B) his minority is setoff by some
of relationship.
(C) he is proved to be 18 years or
alternative aggravating
(D) he forfeits such rights by gross
circumstance of relationship.
misconduct and immorality.
(60) The classification of felonies into grave, while simulating explicit sexual activities.
less grave, and light is important in What is Mr. P's criminal liability, if any?
ascertaining
(A) Corruption of minors under the
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between X's felonious act and the (B) No, since it took too long for
injuries sustained by Y. death to occur.
(B) Yes because any intervening (C) Yes, since E cannot be compelled
cause between the infliction of to undergo medical treatment.
injury and death is immaterial.
(D) Yes, since it was a natural
(C) No because the infliction of result of the injuries X inflicted on
injury was not the immediate cause E.
of the death.
(70) 003-1137-0001 A criminal action for
(D) No because the delay in the rape is extinguished when the offender is
administration of the medical forgiven by
treatment was an intervening cause.
(A) RIGHT ANSWER the offender’s
(68) In an attempted felony, the offender’s wife who herself is the rape victim.
preparatory act
(B) his wife for having raped another
(A) itself constitutes an offense. woman.
(B) must seem connected to the (C) the rape victim’s husband.
intended crime.
(D) the rape victim herself.
(C) must not be connected to the
intended crime. (71) A battered woman claiming self-defense
under the Anti-Violence against Women
(D) requires another act to result in and Children must prove that the final
a felony. acute battering episode was preceded by
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Code.
(D) compound crime.
(B) sedition.
(73) What court has jurisdiction when an
Indonesian crew murders the Filipino
(C) espionage.
captain on board a vessel of Russian
registry while the vessel is anchored outside (D) highway robbery.
the breakwaters of the Manila bay?
References:
(A) The Indonesian court.
Special Thanks to Sir Patrick
(B) The Russian court. Estillore from the University of the
Cordilleras College of Law (Baguio City)
(C) The Philippine court.
for the 2008 PALS reviewer
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UP LAW Review
lawphil.net
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