Republic of the Philippines

Supreme Court of the Philippines

Manila
2023 BAR EXAMINATIONS

CRIMINAL LAW
September 24, 2023
(8:00 A.M. – 12:00 P.M.)

1. This is a 4-hour examination consisting of 20 essay-type questions worth five

points each, for a total of 100 points. There are no sub-questions.

2. Read each question carefully.

3. Provide a clear and concise answer by demonstrating your ability to give a

complete analysis of the facts, apply the correct legal basis, and arrive at a
sound and logical conclusion. Always begin your answer with a “yes” or “no”,
unless the question requires a different response. A mere “yes” or “no” answer
will not be given credit.

4. Follow the prescribed format in the Examplify Manual (font style Times New
Roman and font size 14). Do not make any markings on your answers.
Marking of submitted answers consists of writing your name, distinguishing
marks, or extraneous words or phrases in any of the answers. This may be
considered cheating and may disqualify you from the 2023 Bar Examinations.

5. Allocate your time efficiently. Examplify allows you to skip items and move
to items that you may find easier to answer. Use the “Flag” feature to return
to the unanswered items.

6. Do not panic in the rare case that you experience technical issues during the
exam. Do not attempt to submit your exam answers. Call the attention of your
proctor for assistance.

7. If you need to step out of the room, use the “Hide Screen” feature to prevent
anyone from seeing your answers.

8. Make sure you have completed and reviewed all of your answers before
submitting the exam. When submitting, the system will ask you one more time
to confirm if you are ready to submit your answer file, giving you another
opportunity to review your answers.

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9. Once done, show your proctor the green screen confirming your submission.
If the green screen does not appear, check with your proctor before leaving
the room.

10. You can do it.

RAMON PAUL L. HERNANDO

Associate Justice, Supreme Court of the Philippines
Chairperson, 2023 Bar Examinations

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1. Catalina, a Spanish national, and Conrado, a Filipino, set up a counterfeiting
factory in Shenzhen, China. Their factory produces fake United States (US)
Dollars, Japanese Yen, and Philippine Pesos, which are distributed only in Europe
and the US. While vacationing in Panglao, Bohol, they were arrested by a special
task force of the National Bureau of Investigation on the strength of a warrant of
arrest issued by a Philippine court for Counterfeiting and Forgery. Both Catalina
and Conrado claimed that the Philippine court does not have jurisdiction over
them since they did not commit any criminal act within the territory of the
Philippines. Catalina also argued that the Philippine court does not have
jurisdiction over her person as she is a Spanish citizen. Are Catalina and
Conrado correct? Discuss.

2. When Joey came home from work, he saw a man and a woman making love in
the main bedroom. Enraged at the thought that his wife, Abby, was unfaithful to
him, he shot the man and woman to death. However, the couple turned out to be
the driver and kasambahay. The families of the decedents filed a case of double
Homicide against Joey. Joey invoked the defense of mistake of fact, arguing that
he thought the persons he shot were his wife and her lover. Thus, he is entitled to
the privilege or benefit of Article 247 of the Revised Penal Code, which entitles
a legally married person, who having surprised his or her spouse in the act of
sexual intercourse, kills or seriously injures the same, to the penalty of destierro
for being an exceptional circumstance. Is Joey correct in invoking the defense
of mistake of fact? Discuss.

3. Domeng, in conspiracy with Dado and Dario, kidnapped and detained 9-year-old
Rosanna. They demanded ₱2 million as ransom money from the family of
Rosanna in exchange for her life and liberty, which the family agreed to pay.
However, Domeng, Dado, and Dario killed Rosanna while she was in captivity.
What crime, if any, did Domeng, Dado, and Dario commit? Discuss your
answer.

4. During a concert at nighttime held in the Cultural Center of the Philippines, Chito
physically assaulted another attendee, Butch. Chito slapped Butch several times
in front of the President of the Philippines, who was also present. Are there any
modifying circumstances affecting the criminal liability of Chito? Explain
your answer.

5. Mark was charged with Rape as a principal by direct participation while his
employer, Ado, was charged as a principal by inducement for forcing Mark to
commit rape by holding him at gunpoint. Mark was acquitted by the trial court
for having acted under the compulsion of an irresistible force. Meanwhile, Ado
was convicted of Rape. Ado appealed on the ground that he cannot be held liable
because there can be no crime if there is no principal by direct participation. Is
the argument of Ado tenable? Explain.

6. Pido, a private contractor, was convicted of Plunder in conspiracy with certain

government officials. He was sentenced by the Sandiganbayan to serve the
penalty of reclusion perpetua. Years later, his childhood friend, Benjamin, was
appointed as Secretary of Justice and was able to convince the President to grant
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 Pido a presidential pardon. Both the judgment of conviction and the presidential
pardon were silent as to accessory penalties. Now a free man, Pido decided to
give back to the community by running for public office as Mayor of his
hometown in Bulacan. The incumbent Mayor sought your advice if he can
challenge the candidacy of Pido. On what ground/s can the incumbent Mayor
challenge the candidacy of Pido? Discuss.

7. Miguel was charged with Murder for the death of his neighbor, Nikkolas. During
trial, the prosecution established that treachery and evident premeditation
attended the killing of Nikkolas. Hence, the trial court found Miguel guilty as
charged and sentenced him to suffer the penalty of reclusion perpetua. Upon the
lapse of his 30th year in prison, Miguel filed a petition for a writ of habeas corpus
on the ground that under the three-fold rule, he had served the maximum of his
sentence and that his continued imprisonment is a violation of his right to liberty.
Will the petition of Miguel prosper? Explain.

8. Samuel, a Filipino citizen of Chinese descent, assisted the Chinese Government

in surveying and determining the safest and most secure shores in the Philippines.
He thought he was helping the Philippines in this endeavor since the geodetic
maps he prepared would allegedly be transmitted to the Philippines for future
use. Before the survey was completed, Chinese military vessels entered the
Philippines’ Scarborough shores, set up a station secured by two warships, and
populated two islets which the Chinese Government proclaimed as their own, all
with the use of the geodetic maps. Samuel was then charged with Treason by the
Philippine Government. The following testified against Samuel: 1) his helper,
Therese, who saw Samuel in numerous meetings with the Chinese Government,
though she did not understand their conversations since she does not know
Chinese; and 2) his gardener, Rolando, who knows Chinese but has bad eyesight.
Rolando was present in all these meetings and had a glimpse of the finished
geodetic maps signed by Samuel. Is Samuel liable for Treason? Explain.

9. Macario, a student activist known for his anti-government views, decided to take
measures into his own hands and carried out the following activities: 1) he
mobilized his barangay and instructed its members on the finer points of mass
uprising; 2) he organized the People’s Liberation Organization against Poverty
(PLOP) and led a march to Malacañan to air their grievances, chanting subversive
words denouncing the lack of action by the government to alleviate their plight;
3) he divided PLOP into groups of four members and ordered them to commit
theft, raising over a million pesos to finance their activities; and 4) he posted a
threat on his highly popular social media account that he will bomb several malls
in Metro Manila, if the government will not give in to his demands of providing
temporary cash handouts to the unemployed by the end of the month. The police
then arrested Macario and charged him with violation of the Anti-Terrorism Act.
Will the charge prosper? Discuss.

10. Noel, Omar, and Dennis were all convicted of Illegal Possession of Drug
Paraphernalia and sentenced to seven months in jail. On their third month, a
typhoon caused flood waters to rise up to five feet in the jail facility. Fearing for
the lives of the prisoners in the facility, the Jail Warden released all 30 prisoners,
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 with a directive that they should return when the storm ceases. When the storm
passed, only Noel, Omar, and Dennis turned themselves in, with the explanation
that they would have starved if they did not return. Later, Noel, Omar, and Dennis
were charged with Evasion of Service of Sentence because they returned not to
continue to serve their sentence but for fear of starving. The Jail Warden was
likewise charged with Infidelity in the Custody of Prisoners. Rule on the
respective criminal liabilities of Noel, Omar, and Dennis, and the Jail
Warden, if any.

11. Out of their miserable feeling that they are starving while the wealthy people in
Mayaman Hills subdivision are practically throwing away their food, riding in
expensive cars, and living in extravagance, Primo, Victor, and Maximo marched
to said subdivision and stoned the houses there as an act of hate against the rich.
With what crime, if any, should the apprehending officers charge Primo,
Victor, and Maximo? Explain.

12. Timoteo recently lost his job as a security guard at Kabayan Corporation. He
blamed his termination on his former co-worker, Tales, because the latter was
allegedly badmouthing him at their workplace. One day, Timoteo went back to
the company premises to retrieve his things. When he saw Tales, a heated
exchange ensued between the two. Timoteo then pulled out his gun and shot Tales
in the neck. When the latter dropped to the ground, Timoteo approached him,
kneeled on top of him, and shot him in the head, instantly killing Tales. Timoteo
tried to escape but his other former co-workers caught him. Timoteo was then
charged with Murder, with treachery as a qualifying circumstance. Is Timoteo
guilty of Murder? Explain.

13. Rita asked Belen, a 14-year-old girl, to meet with her at DuoMart Supermarket
for an errand. Upon meeting at the supermarket, however, Rita brought Belen to
the nearby hotel and met Elmer. Rita left the other two in the room, where Elmer
had carnal knowledge of Belen. When Rita returned, Elmer paid her ₱2,200, of
which ₱700 was then given to Belen. Rita warned Belen not to tell anyone about
what happened. Before they could all leave the hotel room, the police barged in
and arrested Elmer and Rita. During the investigation, Rita argued that she did
not force Belen to have sex with Elmer for a fee. Belen herself admitted that she
consented to have sexual intercourse with Elmer. What crime, if any, is Rita
liable for? Explain.

14. Jon and Pilar were in a dating relationship for a year but due to the abusive
behavior of Jon, Pilar broke up with him. Jon pursued Pilar but she refused to
reconcile with him. He then uploaded to his social media account the video of
their sexual congress, as well as the nude pictures of Pilar, all of which he had
recorded on his cellphone without the knowledge of the latter. Distraught, Pilar
filed a complaint with the Office of the Prosecutor and submitted in evidence the
video and pictures that Jon posted on social media. What offense, if any, did
Jon commit? Discuss.

15. Linceo and Adolfo worked for the same employer who allowed them to reside in
a compound in Pasay City. While Flerida, the 7-year-old daughter of Linceo, was
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 playing with five other friends on a bulldozer parked near the compound, Adolfo,
who was working nearby, chased the children in anger and told them to climb
down the bulldozer. Except for Flerida, all the other children quickly complied
and left. Eventually, Flerida went down and sat on the nearby pile of coconut
lumber. Adolfo then approached Flerida and poked a welding rod into her genital
area. Flerida cried in pain and saw her vagina bleeding. What crime, if any,
should Adolfo be charged with? Explain your answer.

16. Soccoro owns and leases an apartment building where Rami is one of the tenants
under a two-year lease. The first year went by with no issue as Rami paid his rent
on time, if not earlier. However, when he lost his job after the pandemic, Rami
failed to pay his rent beginning the third month of the second year of the lease.
Soccoro repeatedly demanded payment from him but to no avail. Thus, she filed
a case for ejectment against Rami. When Rami received the summons, he locked
himself in the apartment unit. This infuriated Soccoro so much so that she
padlocked the apartment unit and cut off its utilities when Rami momentarily left
to go to the supermarket. What crime, if any, did Soccoro commit? Discuss.

17. Police Colonel Wally had been courting Delia for more than a year. One day, he
invited Delia for some coffee and snacks, which she accepted. Wally arrived in
their agreed meeting place and once there, he escorted Delia inside his car.
Instead of going to a nearby coffee shop, he drove to Lipa City, Batangas, and
forcibly detained Delia in a secluded resort against her will, preventing her from
leaving until she agreed to marry him. Days after, Delia relented and Pastor
Tiburcio solemnized the wedding. Visibly disturbed by the profuse crying of
Delia, Pastor Tiburcio reported the matter to the authorities. What crime, if any,
is Wally liable for? Explain.

18. Metropolitan Waterworks Sewerage System (MWSS) employee Japar was often
assigned to do field work. Every time he does field work, he accomplishes a
disbursement voucher for the amount that he needs and liquidates the voucher by
submitting receipts to the MWSS cashier, Filomena, at the end of the day. One
day, another MWSS employee, Jonas, desperately needed ₱230,000. Taking the
same disbursement voucher that Japar habitually signs in the morning, Jonas
filled it out with the amount that he needed. He then forged the signature of Japar
before presenting it to Filomena, who in turn released the stated amount. After
some time, Filomena noticed that the voucher remained unliquidated. When
Filomena showed the voucher to Japar, the latter swiftly returned it, telling
Filomena that the signature appearing in the voucher was not his. Filomena then
realized that Jonas was the one who presented the voucher and took the money.
When confronted, Jonas readily admitted to the act. He was eventually convicted
of Malversation. Was the conviction of Jonas proper? Explain.

19. Before Milet drove to the public market one Sunday, she organized her money by
bundling together her dollars worth US$4,000 and placed ₱20,000 in an
envelope. She drove to the market, bought shrimps and oysters, then hurried back
home to prepare lunch. While she was unloading the food from her car, the
bundled US$4,000 unknowingly fell from her bag and rolled over to the sidewalk.
At that moment, a lato-lato, owned by 13-year-old Henri, suddenly flew near the
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 car of Milet. When Henri retrieved his lato-lato, he saw the bundled money and
secretly picked it up. On his way home, Henri bumped into their gardener, Junie,
who saw him carrying the bundled money and grabbed it from him. After hearing
where Henri got the money from, Junie took US$2,000 as his balato. Junie
immediately exchanged the money to Philippine currency and bought an Omega
x Swatch MoonSwatch, a Gucci belt, and the latest Samsung phone. Junie was
later arrested and charged with Theft. Junie argued that he could not be liable
since he was not the one who found the money. Is Junie correct? Explain.

20. Dita is a Councilor of Mati City, Davao Oriental. Her staff, Arabella, alerted her
that she is already delayed in the submission of her 2023 Personal Data Sheet
(PDS), an official document. Dita handed Arabella a copy of the 2022 PDS she
previously filed and asked her to accomplish the 2023 PDS for her, instructing
her to just copy the entries in the 2022 PDS. One of the questions in the PDS is
whether the government official has a pending case before any tribunal. Arabella
answered “No” to the question even if Dita was in fact indicted for Libel, which
was pending before the Regional Trial Court. After Arabella filled out the PDS,
she delivered it to Dita for review, who hastily signed and submitted it without
even checking the veracity of the accomplished entries. What crime, if any, did
Dita commit? Explain.

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