BAR QUESTIONS

Arranged per Topic

Suggested Answers based on those by Dean Jose-Santos Bisquera

CRIMINAL LAW
Simple Seduction
1. Interviewed for a newspaper, a former beauty queen revealed that when she was 16
years old, she had her first sexual intercourse with her ex-boyfriend, who was then
28 years old.
In her narration, she said that she did not know what she was doing and noted that her
ex-boyfriend of a more advanced age misled her to doing what he wanted. She added
that, at certain points during the encounter, she repeatedly said no but her ex-boyfriend
was just too strong for her.
The ex-boyfriend left her shortly thereafter.
Was there a crime committed by the ex-boyfriend? Explain briefly.

ANS:
Yes, the ex-boyfriend committed Simple Seduction in having carnal knowledge of the Beauty
Queen. She was then single, over twelve, but under eighteen years of age, and was misled, in
deceit, on her 1st sexual intercourse, to so that the boyfriend wanted.

Note: The new age of consent has been raised to 16 years of age.
”Simple Seduction: The seduction of a minor, sixteen and over but under eighteen years of
age, committed by means of deceit, shall be punished by arresto mayor. “
- An Act providing for stronger protection against rape, RA11648, Approved on
March 04, 2022

Theft
2. While executing a search warrant, a police officer pocketed and absconded with the
mobile phone of the occupant of the premises being searched. The mobile phone
was not the subject of the search warrant. It was not enumerated in the order.
Did the police officer commit a crime? Explain briefly.

ANS:
Yes, the Police officer committed Theft with an aggravating circumstance when he pocketed the
cellphone without the occupant’s consent. This was performed with intent to gain, but without
violence against or intimidation of persons nor force upon things.
The offending Police Officer took advantage of his public position, which would constitute an
aggravating circumstance.
 Serious Illegal Detention
3. The accused in a pending case forcibly snatched the daughter of a judge and kept
her in an undisclosed location. The accused then called to tell the judge that the
daughter would only be released if the judge would acquit the accused in the
pending case.
Did the accused commit a crime with these acts? Explain briefly.

ANS:
Yes, the Accused committed the complex crime of grave coercion through serious illegal
detention. The judge is being compelled to acquit the accused against his will by forcibly
snatching his daughter and depriving her of her liberty.
The serious illegal detention (kidnapping) committed on a FEMALE, is necessary for committing
the crime of Grave Coercion.

Robbery
4. One Sunday afternoon, while standing at the comer of C.P. Garcia and Katipunan
Avenues, an off-duty police officer accosted a motorcycle rider and asked them to
alight. The off-duty police officer then inspected the motorcycle's compartment box.
Pretending that a sachet of shabu was found, the off-duty police officer demanded
PI1P1,000.00 in order to prevent an arrest.
Fearful of being incarcerated for life for a crime that was not really committed, the
motorcycle rider readily complied. Unknown to the off-duty police officer, a surveillance
camera caught the entire incident.
Will a charge of robbery prosper against the off-duty police officer? Explain briefly
ANS:
Yes, the Police Officer can be charged with Robbery, with the aggravating circumstance of taking
advantage of his public position.
The police officer is guilty of Robbery for taking the Motorcycle Rider’s personal property, the
P1,000,000.00, with intent to gain. This was done through means of intimidation, as he
threatened to arrest the rider for the planted shabu. He took advantage of his public position as
a police officer, which would be considered as an aggravating circumstance.

Protection for Children

5. To motivate their eight-year-old daughter to study well and have a better future,
her parents resorted to making her kneel on rice spread on the floor, spanking her with
a bamboo stick, or requiring her to stand in the rain for hours if her grades fell below
80 in any subject.
Did the parents commit a crime? Explain briefly.

ANS:
Yes, the Parents committed physical abuse and cruelty, consisting of the child’s kneeling,
spanking and standing in the rain, in violation of the Law on Special Protection for Children.

Anti-Violence against Women and Children

6. An estranged married couple decided to separate. As part of their amicable
settlement, they agreed to ask their 14-year-old child to choose a parent with whom
to live.
The child chose the mother.
Displeased, the husband ceased providing for the child's tuition and the wife's support.
The husband was a vice president of a highly profitable company.
Did the husband commit any crime? Explain briefly.

ANS:
Yes, the husband violated the Law on Anti-violence against women and children through
economic abuse. These consist of failure to provide for the child’s tuition fee and support for the
wife.

Data Privacy Act

7. The head of a big company's human resources division copied and shared an
employee's physical and email address, birthdate, civil status, and some photos with
a friend who found the employee attractive.
Did the head of the human resources division commit a crime? Explain briefly.

ANS:
Yes, the Human Resources Division Head committed a violation against the Data Privacy Law for
unlawfully processing, through copying and then sharing, the concerned Employee’s sensitive
personal information without her consent. The said processing has been legally prohibited and
no permitted condition is present.

Safe Spaces Act

8. While a person was passing through a construction site for a new Hall of Justice
building, construction workers shouted: “Hoy bakla, halika rito at haplusin mo
‘ko!”“Hoy bakla, ang pangit mo!” “Bakla, mukha kapa ring lalaki kahit ano'ng gawin
mo!”
The person victimized by these remarks asks you: Was a crime committed by the workers
who shouted these statements? Explain briefly
ANS:
Yes, a gender-based sexual harassment offense has been committed. Sexual harassment has
been committed when there has been catcalling, unwanted invitations, sexist slurs, persistent
unwanted comments on one’s appearance, the use of words, gestures, or actions that ridicule
someone on the basis of sex, gender, or sexual orientation, identity, and/or expression.
 Proposal to Commit Murder
9. During one of their intense operational meetings, the campaign manager of a
presidential candidate openly suggested, “Dapat ipapatay na lang natin ang mga
bumabatikos sa kandidato natin.”
Later, the campaign manager was charged with the crime of Proposal to Commit
Murder.
Can the campaign manager be convicted of the offense charged? Explain briefly.
ANS:
No, the campaign manager cannot be convicted of Proposal to Commit Murder because there is
no provision, either in the Revised Penal Code or any special Criminal law, that provides a penalty
for such an offense. (Article 8, RPC)

Theft
10. During a Senate hearing in aid of legislation, a Senator's staff member took a
resource person's mobile phone without their consent or knowledge.
While the hearing was ongoing, the staff member read the resource person's messages
contained in the mobile phone and hurriedly wrote notes which were passed to the
Senator.
Thereafter, the staff surreptitiously returned the mobile phone.
The resource person would not have noticed that the mobile phone was taken had it not
been for a TikTok video posted by a journalist who was present during the hearing. The
TikTok video caught the entire act of the Senator's staff member. The TikTok video even
had accompanying music and narration.
The video became viral.
Can the staff member be liable for Theft of the mobile phone? Explain briefly.

ANS:
Yes, the Staff member is liable for Theft of the Mobile Phone. The taking of the cell phone without
the Resource Person’s knowledge and approval constitutes theft.

Principal vs Accessory
11. In an act of rage while playing golf, a high-ranking public official hit a caddy with a
golf club at hole number 9 of a golf course. The caddy fell and died immediately.
The public official called a loyal security guard who did not witness the incident. The
security guard was instructed to put the caddy's lifeless body in the golf cart and dump it
in the nearby lake. The public official wanted to make it appear that the caddy died of
drowning.
The corpus delicti of the crime was discovered. Both the high-ranking public official and
the security guard were charged as co-conspirators for the crime of Homicide.
Can the security guard be convicted as a principal to the crime of Homicide? Explain
briefly.
ANS:
No, the security guard cannot be convicted as a principal. He did not directly participate in the
caddy's death. He did not force or induce others to commit the offense. He had no indispensable
cooperation in the killing because he was not present during said killing. The guard is an
accessory after the fact. He concealed the body of the crime to help the public official. (Art 16,
17, 19(2), RPC)

Indeterminate Sentence Law

12. A crime defined in the Revised Penal Code is punishable by arresto menor.
Finding the accused guilty beyond reasonable doubt of the crime, should the judge
apply the Indeterminate Sentence Law? Explain briefly.

ANS:
No, the judge should not apply the indeterminate sentence law, which is applicable only when
the sentence is more than one year. Arresto Menor is only one day to thirty days imprisonment.

Effect of Accused’s Death on Criminal Liability

13. A prisoner who had been convicted, but whose appeal was pending, died due to
complications caused by COVID-19.
Should the prisoner's pending appeal be dismissed as a consequence? Explain briefly.
ANS:
Yes, the prisoner’s pending appeal should be dismissed. Criminal liability is totally extinguished
as to both the personal penalties and the pecuniary liability when the death of the offender occurs
before the final judgement. Any civil liability from sources other than the criminal offense may
proceed as a separate civil action. (Article 89(1), Section 1, Chapter 1, Title 4, RPC, People v
Maylon)

Malum Prohibitum
14. A person arrested for playing cara y cruz was charged with violation of Presidential
Decree No. 1602 ortho Anti-Gambling Law.
The lawyer for the accused argues that the case should be dismissed based on an
exempting circumstance, which is that the accused is poor. The lawyer argues that unlike
those who gamble in big casinos with astronomical sums of money, cara y cruz is the
accused's only means of entertainment. In addition, the lawyer explains that gamblers
from China, where gambling is illegal, are even welcomed in the Philippines.
Is the lawyer's argument legally tenable? Explain briefly.
ANS:
The lawyers argument is not legally tenable. Cara y Cruz in the anti-gambling act is malum
prohibitum. Good faith or motive, to include that the prohibited act is fit for the poorest
entertainment, is irrelevant and not an exempting circumstance. The law simply punishes the
prohibited act.
 Homicide – Praeter Intentionem
15. While attending to an Enhanced Community Quarantine barangay checkpoint, a
barangay tanod confronted a resident for non-essential travel. Infuriated by the
barangay tanod's tone, the resident punched the tanod's head. The barangay tanod
fell, sustained brain hemorrhage, and died as a result.
Charged with Homicide, the resident denies liability, arguing that there can be no
conviction if there is no intent to cause the barangay tanod's death.
Is the resident's defense tenable? Explain briefly.
ANS:
No, the resident’s defense is not tenable. The wrongful act of Homicide may be different from the
intended physical injury of punching the tanod, but the resident becomes liable for Homicide
even when that was not the felony intended.