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PINAY JURIST
BAR EXAM REVIEWERS AND CASE DIGESTS
I. Jurist Newsletter
Name
Explain the application of the
Indeterminate. Sentence Law (ISL). (5%)
SUGGESTED ANSWER
Email
The court shall sentence the accused to an
indeterminate sentence the maximum
term of which shall be that which, in view By continuing, you
of the attending circumstances, could be accept the privacy
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SUGGESTED ANSWER
Mercantile Law
(A) “Malfeasance” is the doing of an act
which a person ought not to do at all. Political Law
“Misfeasance” is the improper doing of an
Remedial Law
act which a person mayor might lawfully
do.
Special Proceedings
“Nonfeasance” is the omission of an act
which a person ought to do. — (Black’s Taxation
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IV
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SUGGESTED ANSWER
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ALTERNATIVE ANSWER
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SUGGESTED ANSWER
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VI.
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ALTERNATIVE ANSWER
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VII,
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IX
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X.
The Royal S.S. Maru, a vessel registered in
Panama, was 300 nautical miles from
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SUGGESTED ANSWER
The crime of Quali ed Piracy under Article
123 of the Revised Penal Code has been
committed, the elements of piracy being
present, namely, (1) that the vessel is on
the high seas; (2) that the o enders are
not members of its complement or
passenger of the vessel; and (3) that the
o enders (a) attack or seize that vessel or
(b) seize the whole or part of the cargo of
said vessel, its equipment or personal
belongings of its complement or
passengers. The latter act is committed
when the o enders took away several
crates containing valuable items and
loaded them in their own motorboat.
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XI
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XII
SUGGESTED ANSWER
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XIII
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SUGGESTED ANSWER
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XIV
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XV
Pedro, Pablito, Juan and Julio, all armed
with bolos, robbed the house where
Antonio, his wife, and three (3) daughters
were residing. While the four were
ransacking Antonio’s house, Julio noticed
that one of Antonio’s daughters was trying
to escape. He chased and caught up with
her at a thicket somewhat distant from the
house, but before bringing her back, raped
her.
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XVI
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SUGGESTED ANSWER
Yes. The crime of libel is committed. Fair
comment on acts of public o cers related
to the discharge of their duties is a
quali ed privileged communication,
hence, the accused can still be held liable
for libel if actual malice is shown. In fair
comment, actual malice can be established
by showing that comment was made with
knowledge that it was false or with
reckless disregard of whether it was false
or not (Guingguing v. the Honorable Court
of Appeals, G.R. No. 128959, September 30,
2005). Journalists bear the burden of
writing responsibly when practicing their
profession, even when
· writing about public gures or matters of
public interest. The report made by C
describing a lawyer in the Bureau of
Customs as corrupt cannot be considered
as “fair” and “true” since he did not do
research before making his allegations,
and it has been shown that these
allegations were baseless. The articles are
not “fair and true reports,” but merely
wild accusations. He has written and
published the subject articles with reckless
disregard of whether the same were false
or not (Erwin Tulfo v. People, G.R. No.
161032, September 16, 2008). A, president
of the publishing company, B, managing
editor, and C, writer of the defamatory
articles, are all liable for libel. Under
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XVII
Braulio invited lulu, his I l-year old
stepdaughter; inside the master. bedroom.
He pulled out a knife and threatened her
with harm unless she submitted to his
desires. He was touching her chest and sex
organ when his wife caught him in the act.
The prosecutor is unsure whether to
charge Braulio for acts of lasciviousness
under Art. 336 of the RPC; for lasciv ious
conduct under RA 7610 (Special Protection
against Child Abuse, Exploitation and
Discrimination Act); or for rape under Art.
266-A of the RPC. What is the crime
committed? Explain. (5%)
SUGGESTED ANSWER
The acts of Braulio of touching the chest
and sex organ of Lulu, who is under 12
years of age, are merely acts of
lasciviousness and not attempted rape
because intent to have sexual intercourse
is not clearly shown (People v. Banzuela,
G.R. No. 202060, December 11, 2013). To be
held liable of attempted rape, it must be
shown that the erectile penis is in the
position to penetrate (Cruz v. People, G.R.
No. 166441, October 8, 2014) or the
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XIX
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SUGGESTED ANSWER
(A) The battered woman syndrome is
characterized by the so-called
“cycle of violence,” which has three
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XX
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