Professional Documents
Culture Documents
2007 2013 Criminal Law Philippine Bar Examination Questions and Suggested Answers Jay Arh Sals Rollan
2007 2013 Criminal Law Philippine Bar Examination Questions and Suggested Answers Jay Arh Sals Rollan
2007-2013-Criminal-Law-Philippine-Bar-Examination-Questio
ns-and-Suggested-Answers-Jay Arh Sals-Rollan
Juris Doctor (University of San Carlos)
A Compilation of the
In the
In
CRIMINAL LAW
Compiled and Arranged By:
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 1 of 168
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.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 2 of 168
TABLE OF CONTENTS
(Titles are based on Silliman‟s Compilation [Arranged by Topic])
General Principles
FELONIES
Conspiracy (2012).…………………………………………………………………....................…........12
Conspiracy (2008)..........................................................................................................12
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 3 of 168
MITIGATING CIRCUMSTANCES
AGGRAVATING CIRCUMSTANCES
Accomplice (2009).........................................................................................................19
Accomplice (2009).........................................................................................................19
PENALTIES
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 4 of 168
Amnesty (2009).............................................................................................................34
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 5 of 168
Bribery (2010)...............................................................................................................44
Malversation (2009).......................................................................................................45
Malversation (2008).......................................................................................................46
Malversation (2008).......................................................................................................46
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 6 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 7 of 168
BP 22 (2013)..................................................................................................................60
BP 22 (2010)..................................................................................................................61
Theft (2012)..................................................................................................................70
Theft (2010)..................................................................................................................71
Theft (2008)..................................................................................................................71
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 8 of 168
Concubinage (2010).......................................................................................................72
QUASI-OFFENSES
MISCELLANEOUS
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 9 of 168
Torture (2012)...............................................................................................................89
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 10 of 168
SUGGESTED ANSWER:
I would advice Senator Salcedo to forgo
and permanently abandon his proposed
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 11 of 168
No, because the Philippine Courts have 2. The law must not be a bill of
no jurisdiction over a crime committed attainder, meaning it cannot
outside of the Philippine territory. Under provide punishment without
the principle of territoriality, penal laws, judicial proceedings.
specifically the RPC, are enforceable 3. The law must not impose cruel,
only within the bounds of our territory unusual or degrading punishment.
(Art. 2, RPC).
No person shall be held to answer for a
(b) If Eunice gave her consent to the criminal offense without due process of
second marriage, what will your answer be? law.
Explain. (3%)
FELONIES
SUGGESTED ANSWER:
Conspiracy (2012)
The answer will be the same. The
consent of Eunice would not confer No. IX. a. Define conspiracy. (5%)
jurisdiction on Philippine Courts.
SUGGESTED ANSWER:
SUGGESTED ANSWER: No. XI. Ricky was reviewing for the bar
exam when the commander of a vigilante
The constitutional provision limiting the group came to him and showed him a list of
power of Congress to enact penal laws five policemen to be liquidated by them for
are the following: graft and corruption. He was further asked
if any of them is innocent. After going over
1. The law must not be an ex post
the list, Ricky pointed to two of the
facto law or it should not be given
policemen as honest. Later, the vigilante
a retroactive effect.
group liquidated the three other policemen
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 12 of 168
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
SUGGESTED ANSWER: punishable – if “A” and “B” conspire to
kill “X”, conspiracy is not punishable.
No, there was no conspiracy between
The law provides no penalty for
Ricky and the Commander of the
conspiracy to be commit homicide.
vigilante. Mere vouching for the honesty
Homicide – if pursuant to conspiracy to
of the two (2) policemen in the list
commit homicide, “A” embraced “X” and
cannot make him a co-conspirator for
then “B” stabbed and killed “X”, the
the killing. Ricky enjoys the
conspirators are equally liable for
presumption of innocence.
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)
felony. Rebellion – if they committed non-toxic powder which, when mixed with
rebellion, they are equally liable for the Brad’s food, did not kill Brad.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 13 of 168
Charlie committed an impossible crime No, the court did not act correctly in
of murder. His act of mixing the non- ordering the accused to indemnify the
toxic powder with Brad‟s food, done with victim. Since the killing of ken was
intent to kill, would have constituted committed under the exceptional
murder which is a crime against persons, circumstances in Article 247, revised
had it not been for the employment of a Penal Code, it is the consensus that no
means which, unknown to him, is crime was committed in the light of the
ineffectual (Art. 4, par. 2, RPC). pronouncement in People v Cosicor (79
Phil. 672 [1947]) that banishment
JUSTIFYING & EXEMPTING (destierro) is intended more for the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 14 of 168
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
Charged with murder, Romeo pleaded
her son‟s having committed a felony,
insanity as a defense.
such that her act of harboring and
concealing him renders her liable as an Will Romeo’s defense prosper? Explain.
accessory. But being an ascendant to (2%)
Jake, she is exempt from criminal
SUGGESTED ANSWER:
liability by express provision of 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
Romeo was “insane” when diagnosed
of Jake‟s aunt depends on her knowledge
after he committed the crime, insanity
of his commission of the felony, her act
as a defense to the commission of crime
of harboring and concealing Jake would
must have existed and proven to be so
render her criminally liable as accessory
existing at the precise moment when the
to the crime of murder; otherwise
crime was being committed. The fact of
without knowledge of Jake‟s commission
the case indicate that Romeo committed
of the felony, she would not be liable.
the crime with discernment.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 15 of 168
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.
No. XIX. c. Jack and Jill have been married Revised Penal Code.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 16 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 17 of 168
No. XVII. b. Wenceslao and Loretta were during the commission of the crime thus
staying in the same boarding house, facilitating the same. The use of a
occupying different rooms. One late picklock to enter the room of the victim
asleep, Wenceslao entered Loretta’s room under Art. 14 of the Code but punished
with the use of a picklock. Then, with force as a crime by itself where the offender
and violence, Wenceslao ravished Loretta. has no lawful cause for possessing it.
After he had satisfied his lust, Wenceslao The use of picklocks is equivalent to
stabbed Loretta to death and, before leaving force upon things in robbery with force
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 18 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 19 of 168
readily lent his gun, but told Ponciano: "O, Yes, the answer would be the same
pagkabaril mo kay Freddie, isauli mo because Ruben lent his gun to Ponciano
kaagad, ha." Later, Ponciano killed Freddie, with knowledge that it would be used in
but used a knife because he did not want killing a person, thus with knowledge
Freddie’s neighbors to hear the gunshot. that the gun would be use to commit a
crime. It is of no moment who was killed
Would your answer be the same if, instead so long as Ruben is aware when he lent
of Freddie, it was Manuel, a relative of the gun that it would be used to commit
Ruben, who was killed by Ponciano using a crime.
Ruben’s gun? Explain. (3%)
SUGGESTED ANSWER:
Accomplice vs. Conspirator (2012)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 20 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 21 of 168
conspirator participates in the from Iñigo for P500,000. While driving his
by his act alone of cooperating in chassis and motor numbers of the vehicle
the execution of the crime; while against those reflected in the Registration
Certificate, he found the chassis and motor
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 22 of 168
numbers to be different from what the carnapped the vehicle, old it to Roberto
Registration Certificate stated. The Deed of who did not take part in the crime.
Sale covering the sale of the Fortuner, Roberto should have known also that the
signed by Iñigo, also bore the same chassis car was stolen because it was not
and motor numbers as Roberto's properly documented as the deed of sale
Registration Certificate. The chassis and and registration certificate did not
motor numbers on the Fortuner were reflect the correct numbers of the
found, upon verification with the Land vehicle‟s engine and chassis. Apparently,
Transportation Office, to correspond to a he made no effort to check the papers
vehicle previously reported as carnapped. covering his purchase. Lastly, Roberto‟s
defense of good faith is flawed because
Roberto claimed that he was in good faith; Presidential Decree 1612 is a special law
Iñigo sold him a carnapped vehicle and he and, therefore, its violation in regarded
did not know that he was buying a as malum prohibitum, requiring no proof
carnapped vehicle. of criminal intent (Dimat v. People, GR
No. 181184, January 25, 2012).
If you were the prosecutor, would you or
would you not charge Roberto with a crime? ALTERNATIVE ANSWER;
(7%)
The facts given show that Roberto
SUGGESTED ANSWER: “bought” the car form Inigo; that a “deed
of sale” covering the subject vehicle was
I will charge Roberto with violation of
executed by Inigo; that there is also a
Anti-Fencing Law. The elements of
copy of the “Registration Certificate”;
“fencing” are: 1) a robbery or theft has
that Roberto aver, too, of being a buyer
been committed; 2) the accused, who
in good faith and lacking of any
took no part in the robbery or theft,
knowledge that the subject car is a
“buys, receives, possesses, keeps,
carnapped vehicle.
acquires, conceals, sells or disposes, or
buys and sells, or in any manner deals in As against the foregoing, there is only a
any article or object taken” during that certificate from the Land Transportation
robbery or theft; 3) the accused knows or Office showing that the vehicle had been
should have known of that the thing was previously reported as carnapped.
derived form that crime; and 4) by the
deal he makes he intends to gain for Consequently, in light of the satisfactory
himself or for another. Here, someone explanation of Roberto of his possession
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 23 of 168
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 accused “should have known” that the
for another, deals in any manner with an goods or articles had been the subject of
article of value which he knows or theft or robbery (P.D. No. 1612[a]). Mere
should be known to him to have been possession of the stolen goods gives rise
derived from the proceeds of theft or to the prima facie presumption of
robbery (Sec. 2, PD 1612). Thus, for a fencing.
charge of fencing to prosper, it must
first be established that a theft or
robbery of the article subject of the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 24 of 168
SUGGESTED ANSWER:
Angelo was charged with 500 counts of
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 25 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 26 of 168
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 will you pass upon the recommendation?
least three crimes committed. Explain. (5%)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 27 of 168
If crime is punishable under the Revised ordered Macky to pay indemnity to the
Penal Code, the court shall sentenced heirs of the victim in the amount of
No. IV. b. Macky, a security guard, arrived No, because the penalty for use of any
home late one night after rendering dangerous drug by a first offender is not
overtime. He was shocked to see Joy, his imprisonment but rehabilitation in a
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 28 of 168
government center for a minimum one (1) year and is divisible, is covered
period of six (6) months (Sec. 15, R.A. by the indeterminate Sentence Law. The
9165). The Indeterminate Sentence Law said law requires that the sentence in
does not apply when the penalty is this case should reflect a minimum term
imprisonment not exceeding one year. for purposes of parole, and a maximum
term fixing the limit of the
imprisonment. Imposing a straight
(2010)
The defense counsel chimed in, contending penalty to be imposed. Explain. (3%)
that application of the Indeterminate
SUGGESTED ANSWER:
Sentence Law should lead to the imposition
of a straight penalty of SIX (6) MONTHS
Under the Indeterminate Sentence Law,
and ONE (1) DAY of prision
the minimum of the sentence shall be
correccional only. Who of the three is on the
anywhere within the range of 6 years
right track? Explain. (3%)
and 1 day to 12 years imprisonment
SUGGESTED ANSWER: within the maximum of the sentence
shall be anywhere within the range of
None of the contention is correct
Reclusion Temporal minimum i.e., not
because the Indeterminate Sentence Law
lower than 12 years and 1 day to not
for the crime of homicide, which is
more than 14 years and 8 months.
penalized by mprisonment exceeding
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 29 of 168
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
No. XII. b. Will your answer be the same if Marie to keep the puppy. The following day,
it is a conviction for illegal possession of Eva Marie bought a collar for the puppy
drugs under R.A. 9165 (Dangerous Drugs and brought it to a veterinarian for
Act of 2002), the prescribed penalty of treatment.
which is also imprisonment for a term of
twelve (12) years and one (1) day to twenty Did she incur civil liability? Explain. (2%)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 30 of 168
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,
successfully proved that he voluntarily however, no reasonable necessity of the
surrendered to the authorities; that he means employed to defend himself, after
pleaded guilty to the crime charged; that it Bruno used a knife to stab the
was the victim who first attacked and did so weaponless victim. There are also no
without any provocation on his (Bruno's) aggravating circumstances present,
part, but he prevailed because he managed because it was not shown that Bruno
to draw his knife with which he stabbed the disregarded the age of the victim or that
victim. The penalty for homicide is nighttime facilitated the commission of
reclusion temporal. the crime; moreover, dwelling cannot be
appreciated because the crime happened
Assuming a judgment of conviction and in the house where both Bruno and the
after considering the attendant victim lived. In contrast, there are two
circumstances, what penalty should the mitigating circumstances, namely,
judge impose? (7%) voluntary surrender and plea of guilt.
Applying the Indeterminate Sentence
SUGGESTED ANSWER:
Law, the maximum term of the medium
period and the minimum term should be
Bruno should be sentenced to an
within the range of the penalty next
indeterminate sentence penalty of
lower in degree or arresto mayor in any
arresto mayor in any of its period to
of its period.
precion correccional in its medium
period as maximum. Bruno was entitled
to two priviledged mitigating
circumstances of incomplete self-defense Penalties; Perpetual Absolute
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 31 of 168
5. Suspension from public office, the Republic Act 9344 (Juvenile Justice and
right to vote and be voted for, and Welfare Act of 2006) was already in effect,
Fine; and any principal penalty with its Suppose Joe was convicted of attempted
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 32 of 168
The murder being attempted only, the The brother‟s petition for prohibition
prescribed penalty is two degree lower should both be denied.
than reclusion perpetua; hence, prision
mayor. Because Joe was 17 years old Matt‟s petition for probation shall be
when he committed the crime, the denied because he was convicted for
correccional or imprisonment within the under this Act, regardless of the penalty
range of ix months and 1 day to 6 years imposed by the court, cannot avail of the
equipment, instrument, apparatus and was charged for violation of Sec. 5 of R.A.
other paraphernalia for dangerous drugs 9165 (illegal sale of prohibited drug). By the
under Section 12 of Republic Act No. 9165. time he was convicted and sentenced, he
was already 21 years old. The court
Matt filed a petition for probation. Jeff sentenced him to suffer an indeterminate
appealed his conviction during the penalty of imprisonment of six (6) years and
pendency of which he also filed a petition one (1) day of prision mayor, as minimum,
for probation. to seventeen (17) years and four(4) months
of reclusion temporal, as maximum, and a
The brothers’ counsel argued that they
fine of P500,000.Michael applied for
being first time offenders, their petitions for
probation but his application was denied
probation should be granted. How would
because the probation law does not apply to
you resolve the brothers’ petitions for
drug offenders under R.A. 9165. Michael
probation? Explain. (3%)
then sought the suspension of his sentence
SUGGESTED ANSWER:
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 33 of 168
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
intervention or diversion.
can no longer apply to Machel. The
suspension of sentence lasts only until
Suppose Joe’s motion for intervention or
the law reaches the maximum age and
diversion was denied, and he was convicted
thus, could no longer be considered a
two (2) years later when Joe was already 21
child for purposes of applying Rep. Act
years old, should the judge apply the
No. 9344. However, he shall be entitled
suspension of sentence? Explain. (2%)
to the right of restoration, rehabilitation
and reintegration in accordance with the SUGGESTED ANSWER:
law to give him the chance to live a
normal life and become a productive No, the judge should not suspend
member of the community. Accordingly, sentence anymore because Joe was
Michael may be confined in an already 21 years old. Suspension of
agricultural camp and other training sentence is availing under RA 9344 only
facility in accordance with Section 51 of until a child reaches the maximum age
Rep. Act No. 9344 (People v. Jacinto, GR of twenty-one (21) years.
No. 182239, March 16, 2011; People v.
Salcedo, GR. No. 186523, June 22, 2011; EXTINCTION OF CRIMINAL
Padua v. People, GR No. 1683, July 23,
LIABILITY
2008 and People v. Sarcia, GR No.
169641, September 10, 2009).
Amnesty (2009)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 34 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 35 of 168
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
Prescription of Crimes; Discovery Rule when Balo was arrested and charged. The
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 36 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 37 of 168
only after 5 years from such commission Misprision of Treason under Art. 116 of
when the crime was discovered, only 10 the Revised Penal Code, for failing to
years lapsed and 3 years thereof should report or make known “as soon as
period was interrupted and suspended. fiscal or to the mayor or fiscal of the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 38 of 168
occasion of piracy, the special complex determine the guilt of the respondents.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 39 of 168
make searches and seizure upon judicial which the check was issued, the terms
order. He is therefore acting under color and conditions relating to the issuance
of his official authority (Art. 128, RPC). are irrelevant to the prosecution of the
offender. For this reason, the request of
CRIMES AGAINST PUBLIC Frankto defer the deposit of the check
as it ahs insufficient funds will not
ORDER
militate against his prosecution for BP
22. Despite notice, Frank can still be
Delivering Prisoners from Jail;
charged.
Corruption of Public Officials (2013)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 40 of 168
in turn, allowed Willy and Vincent to go out to such criminal plan; otherwise
of jail in the company of an armed escort, he would not be liable for said
Edwin. Chito also gave Edwin P50,000.00 crime if he escaped pursuant to
to leave the two inmates unguarded for human 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,
What crime or crimes, if any, had been RPC) for escaping during the term
committed by Chito, Willy, Vincent, the of his 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)
SUGGESTED ANSWER:
for accepting the P50,000.00 –
in consideration of the Order
The crime committed in this case are as
she issued to enable the
follows:
prisoners to get out of jail;
Chito to have them escape from making the false Order that
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 41 of 168
enable Vincent to evade his examination booklet and sent him out
service 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 In class the following day, Mariano
for leaving unguarded the intervened. Mariano then turned his ire on
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 42 of 168
SUGGESTED ANSWER:
(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
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 43 of 168
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 gave Domeng P5,000.00 and told him to
felony because his official duty as a proceed to Mindanao to hide. Domeng went
public officer is not law enforcement but to Mindanao. The mayor was later charged
in court.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 44 of 168
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 Roger and Jessie are charged with
assisted in the escape of an accomplice. malversation through falsification and
Par. 3 of Art. 19, RPC speaks of violation of Section 3 (e) of R.A. 3019 for
harboring or assisting in the escape of a causing undue injury to the government.
principal. The mayor, however can be Discuss the propriety of the charges filed
held liable as principal in the crime of against Roger and Jessie. Explain. (4%)
maliciously refraining from instituting or
prosecuting an offender under Art. 208 SUGGESTED ANSWER:
of the RPC.
The charge of malversation through
ALTERNATIVE ANSWER: falsification is not correct because the
falsification of several documents ware
If Domeng is a principal by indispensable not necessary means to obtain the
cooperation, the mayor can be held money that were malversed, the
liable as an accessory to the murder falsifications were committed to cover
under Art. 19 (3), RPC. up or hide the malversation and
therefore, should be separately treated
from malversation. The given facts
separately treated from malversation.
Malversation (2009)
The given facts state that Roger and
No. XVI. Roger and Jessie, Municipal Mayor Jessie falsified disbursement vouchers
and Treasurer, respectively, of San Rafael, and supporting documents “in order to
Leyte, caused the disbursement of public make it appear” that qualified recipients
funds allocated for their local development received the money. Art. 48, RPC on
programs for 2008. Records show that the complex crime is not applicable.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 45 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 46 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 47 of 168
Complex Crime; Rape with Homicide & cause” is by itself punishable under Art.
rape with homicide (2) theft and (3) despite the serious stab wounds she
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 48 of 168
Art. 251 of the Revised Penal Code, it is assisting in the suicide of Joan, as
essential that the persons involved did evidenced by their written pact (Art.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 49 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 50 of 168
and intent to kill (specific intent). Even Charlie would be criminally liable for less
if there I no intent to kill and evil intent, serious physical injuries because his act
the offender is liable for culpable felony of mixing the powder with Brad‟s food
if the victim died or injured as a result of was done with felonious intent and was
the recklessness of the former. If there the proximate cause of Brad‟s illness for
recklessness on the part of the accused, murder, although done with intent to
he is not liable for his intentional act, kill, because the means employed is
which cause the death of or injury upon inherently ineffectual to cause death and
the victim because of the exempting the crime committed must be directly
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
Brad’s food, did not kill Brad. off. However, the bullet hit one of the metal
roof supports, ricocheted and then hit one
Would your answer be the same if Brad of the stage crew members, causing injuries
proved to be allergic to the powder, and which resulted in the latter’s confinement
after ingesting it with his food, fell ill and in a hospital for twelve days.
was hospitalized for ten (10) days? Explain.
(3%)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 51 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 52 of 168
dangerous drugs from the time local faithhealer known as "Mother Himala."
offender, to its turn-over and receipt in being possessed by an evil spirit. Eddie
of the criminal violation, and for procedure conducted resulted in the boy’s
Its rationale is to preserve the part of the healing ritual were charged with
authenticity of the corpus delicti or murder and convicted by the lower court. If
body of the crime by rendering it you are appellate court Justice, would you
improbable that the original item sustain the conviction upon appeal?
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 53 of 168
causing the latter‟s death, although the round 3:00 in the morning, Mauro, a
intent to kill was absent, the accused member of the criminal syndicate, arrived
may be held criminally liable for at Antonio's home and hurled a grenade
Reckless Imprudence Resulting in inti an open window of the bedroom where
Homicide. Antonio, his wife and their three year-old
daughter were sleeping. All three of them
ALTERNATIVE ANSWER: were killed instantly when the grenade
exploded.
No, because none of the circumstances
qualifying the killing to murder in Art. State, with reason, the crime or crimes that
248 attended the crime. had been committed as well as the
aggravating circumstances, if any,
The faithhealer and his co-accused
attendant thereto. (7%)
should only be liable for homicide,
because they are not authorized by law SUGGESTED ANSWER:
to practice medicine and were therefore
acting illegally although the wrongful act Roger & Mauro conspired to commit the
done was different form what they crime of murder qualified by treachery,
intended. with the use of means involving great
waste and ruin. In this case, Mauro is
liable as a principal by direct
participation by using a grenade and
Murder; Treachery (2008)
hurled into an open window of the
victim‟s bedroom. Killing the victims
No. XV. Roger, the leader of a crime
while they were sleeping and in no
syndicate in Malate, Manila, demanded the
position to defend themselves, is a
payment by Antonio, the owner of a motel
treacherous act (People v. Aguilar, 88
in that area, of P10,000 a month as
Phil 693, 1951).
"protection money". With the monthly
payment, Roger assured, the syndicate
The following are the aggravating
would provide protection to Antonio, his
circumstances:
business, and his employees. Should
Antonio refuse, Roger warned, the motel 1. Sec. 3, R.A. 8294 – when a person
owner would either be killed or his commits any of the crime under
establishment destroyed. Antonio refused to the RPC or special laws with the
pay the protection money. Days later, at use of explosive, etc. and alike
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 54 of 168
continued and tightly embraced her. of child labor (Art. 273, RPC).
Exploitation of child labor is committed
Would your answer be the same if, even by a person, who under the pretext of
after the music had stopped, Leoncio reimbursing himself of a debt incurred
continued to dance dirty, rubbing his by an ascendant, guardian or person
private parts on Evelyn’s buttocks? entrusted with the custody of a minor,
Explain. (3%) shall against the minor‟s will, retain him
in his services.
SUGGESTED ANSWER:
the dancing as there was no music a van along a major thoroughfare in Manila,
anymore is patently lewd and lascivious. pointed the gun at the driver and
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 55 of 168
Terrified, the driver, Juanito, stopped the care of the child until the ransom is
van and allowed Virgilio to board. Inside the paid, the crime committed is Serious
van were Jeremias, a 6-year-old child, son Illegal Detention because the offended
of a multi-millionaire, and Daday, the party 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
to go, Virgilio instructed him to tell was seriously intimidated with a gun
Jeremias’ parents that unless they give a pointed at him and directed to stop the
ransom of P10-million within two (2) days, van and allow the gun-man to board the
told to remain in the van and take care of deserted place, the crime committed by
Jeremias until the ransom is paid. Virgilio Virgilio I Grave Coercion (Art. 286, RPC)
then drove the van to his safehouse. and Slight Illegal Detention (Art. 268,
RPC) for holding the driver before he was
What crime or crimes, if any, did Virgilio allowed to go.
commit? Explain. (5%)
SUGGESTED ANSWER:
Kidnapping and Serious Illegal Detention
The crime committed against Jeremias, with Rape (2013)
the 6 year-old child, is Kidnapping with
Serious Illegal Dtention under Art. No. II. While walking alone on her way
267(4), RPC. The evident criminal intent home from a party, Mildred was seized at
of the offender, Virgilio, is to lock up the gun point by Felipe and taken on board a
child to demand ransom. Whether or not tricycle to a house some distance away.
the ransom was eventually obtained will Felipe was with Julio, Roldan, and Lucio,
not affect the crime committed because who drove the tricycle.
As to Daday, the nanny of the child who left after bringing his colleagues and
was told to remain in the van and take Mildred to their destination, but he
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 56 of 168
returned everyday to bring food and the purpose (People v. Miranda, Jr., GR No.
news in town about Mildred's 186417, July 27, 2011). Albeit, Lucio
disappearance. For five days, Felipe, Julio was not around when the sexual assault
and Roldan kept Mildred in the house and took place, his complicity is evident as
took turns in sexually assaulting her. On he was the one who drove the tricycle
the 6th day, Mildred managed to escape; and returned every day to bring food and
she proceeded immediately to the nearest news to his cohorts.
police station and narrated her ordeal.
participation? (7%)
No. X. Pinky was a lessee of a market stall
how many rapes have been committed in Explain your answer. (10%)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 57 of 168
in favor of the offender. The rule of pro and brought up on inquest. What charge/s,
reo precludes any finding for grave if any, may he be held responsible for?
coercion, because it would be against the Explain. (5%)
offender.
SUGGESTED ANSWER:
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 58 of 168
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:
dancing. The act of dipping his private robbery in band as to elements, purpose of
parts in Evelyn‟s buttocks during a very the of fender and agreement among the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 59 of 168
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).
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 60 of 168
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
upon maturity. Upon C’s presentment of
is 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 What action/s may C commence against A
which the check was issued, the terms and B to hold them to account for the loss
and conditions relating to the issuance of her P85,000.00? Explain. (5%)
are irrelevant to the prosecution of the
SUGGESTED ANSWER:
offender. For this reason, the request of
Frankto defer the deposit of the check A criminal action for violation of BP 22
as it ahs insufficient funds will not may be filed against B who drew the
militate against his prosecution for BP postdated check against a closed bank
22. Despite notice, Frank can still be account, for value paid by C, and with
charged. knowledge at the time he issued the
check that the account thereof is
Moreover, if what is charged is Estafa,
already closed.
Frank, being a brother of the offended
party, cannot be held criminally liable A cannot be held liable under BP 22
under Article 332, RPC. because he was a mere endorser of B‟s
check to C who exchanged the check in
cash. BP 22 does not apply to endorser
of checks. Hence only a civil action may
BP 22 (2010)
be filed by C against A to recover the
P85,000.00.
No. VIII. A asked financial support from her
showbiz friend B who accommodated her by
Although a simultaneous action for
issuing in her favor a postdated check in
estafa is authorized by law for the
the sum of P90,000.00. Both of them knew
issuance of a worthless check, under the
that the check would not be honored
given facts, the check was discounted
because B’s account had just been closed.
and thus issued in a credit transaction
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 61 of 168
If the “talaan” or ledger which Fe made was not committed as a necessary means
to show a falsehood was a private to commit the estafa but rather resorted
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 62 of 168
Is Angelo’s contention tenable? Explain. No. IX. a. Dennis leased his apartment to
(4%) Myla for P10,000 a month. Myla failed to
pay the rent for 3 months. Gabriel, the son
SUGGESTED ANSWER:
of Dennis, prepared a demand letter falsely
alleging that his father had authorized him
No, his contention is not tenable. He
to collect the unpaid rentals. Myla paid the
committed as many count of estafa
unpaid rentals to Gabriel who kept the
against the 500 victims and 2000 count
payment.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 63 of 168
SUGGESTED ANSWER:
Yes, Gabriel committed the crime of
Estafa under Art. 315, Par. 2(a), RPC by
The criminal charge of estafa through
fraudulent acts executed prior to or
falsification is correct. William forged
simultaneous with the fraud or falsely
the signature of his mother-in-law in the
pretending to possess agency. Myla paid
Special Power of Attorney, which is a
the money because she relied upon the
public document, as a necessary means
demand letter prepared by Gabriel with
to sell her properties to third parties
the false allegation that he was
without delivering the proceeds thereof.
authorized to collect rentals.
Although the relationship of affinity
created between William and his mother-
in-law survived the death of either party
Estafa through Falsification (2013)
to the marriage, the coverage of the
No. VIII. William is the son-in-law of absolutory cause under Article 332 (1) of
Mercedes who owns several pieces of real the Revised Penal Code cannot be
died. In 1996, William caused the the simple crimes of theft, estafa and
(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
SPA was forged and, through this forged through falsification of a public
SPA and without the consent and document, the matter acquires a very
in selling the two (2) parcels for Php beyond the respective rights and
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 64 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 65 of 168
unpaid rentals to Gabriel who kept the The elements of this crime are:
payment.
1. Unlawful taking of personal
property belonging to another
Can Gabriel invoke his relationship with
(the 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);
No. Gabriel cannot invoke Art. 332, RPC 3. Violence against or intimidation
It is Myla, not the father Dennis, who is was employed in the taking; and
the offended party under Art. 315 (2)(a) 4. There were more than three
(Luis B. Reyes, The Revised Penal Code, armed malefactors taking part in
No. XXIII. a. Christopher, John, Richard, No. XIII. Lucas had been the stay-in
and Luke are fraternity brothers. To protect houseboy of spouses Nestor and Julia for
themselves from rival fraternities, they all Five Years. One Night, while Nestor and
carry guns wherever they go. One night, Julia were out having dinner, Lucas and his
after attending a party, they boarded a friend Pedro gained entry into the masters'
taxicab, held the driver at gunpoint and bedroom with the used of a false key. They
took the latter’s earnings. found Julia's jewelry box in one of the
cabinets which was unlocked. Lucas
What crime, if any, did the four commit?
believed that Julia's jewelry inside the box.
Enumerate the elements of the crime. (2%)
Unknown to Lucas and Pedro, the box was
SUGGESTED ANSWER: empty. Pedro took the box and left the
bedroom with Lucas. They were shock
The crime committed is robbery by a when they saw Nestor in the sala, pointing
band since there were four (4) offenders a gun at them. Nestor ordered them to stop
acting in concert in committing the and hand over the box. Pedro complied. It
robbery and all the four were armed. turned out that Nestor had just arrived in
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 66 of 168
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
State with reasons, the crime or crimes, if be appreciated only as generic
any, Lucas and Pedro committed. (7%) aggravating circumstance. Also, if the
firearms used were unlicensed, the same
SUGGESTED ANSWER:
would only be taken as generic
aggravating circumstance as provided by
Lucas and Pedro committed Robbery in
the Rep. Act No. 8294 (People v.
an Inhabited House (Art. 299) for gaining
Bolinguet, G.R. Nos. 137949-52,
entry into the house by means of a false
December 11, 2003).
key.
ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
SUGGESTED ANSWER:
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 67 of 168
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
between the bank robbers and the of the robbery. Ciriaco and Domingo
responding policemen, and one of the having conspire only in the commission
policemen was killed. of the robbery, should only incur liability
for the crime conspired upon – the
(b) Suppose it was Alfredo who was killed robbery, unless they were with Braulio
by the responding policemen, what charges during the killing and could have
can be filed against Braulio, Ciriaco and prevented the same but they did not, in
Domingo? Explain. (2%) which case they shall be also be liable for
Robbery with Homicide.
SUGGESTED ANSWER:
crime of Robbery with Homicide, a single friend, Jonathan, to help them rob a bank.
indivisible offense, as long as it is Jervis and Marlon went inside the bank,
immediately connected to the robbery. but were unable to get any money from the
vault because the same was protected by a
(c) Suppose in the course of the robbery, time-delay mechanism. They contented
before the policemen arrived, Braulio shot themselves with the customer’s cellphones
and killed Alfredo following a heated and a total of P5,000 in cash. After they
disagreement on who should carry the dashed out of the bank and rushed into the
money bags, what would be the criminal car, Jonathan pulled the car out of the
liability of Braulio, Ciriaco and Domingo? curb, hitting a pedestrian which resulted in
Explain. (2%) the latter’s death.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 68 of 168
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
answer. (10%) was caused by any of the robber‟
felonious act and on the occasion of the
SUGGESTED ANSWER: commission of the 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 No. VIII. a. While Alfredo, Braulio, Ciriaco,
the 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 between the bank robbers and the
intimidation. They will not incur liability responding policemen, and one of the
for the death of the pedestrian because policemen was killed.
they have nothing to do with it. Only
Jonathan will incur liability for the What crime or crimes, if any, had been
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 69 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 70 of 168
execution, the offense could only e that it was not his, he went to a nearest
attempted 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
What is the criminal liability of Eman, If
have it as a pet. Her son in fact begged Eva
any? Explain. (3%)
Marie to keep the puppy. The following day,
Eva Marie bought a collar for the puppy SUGGESTED ANSWER:
and brought it to a veterinarian for
treatment. Eman is guilty of theft (Art. 308, RPC)
for failure tp return the lost property to
Did Eva Marie incur criminal liability in
the rightful owner. His intent to gain
bringing the puppy home as a pet? Explain.
became apparent when he proposed to
(2%)
pawn the ring and to share the proceeds
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 71 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 72 of 168
The three (3) classes of offenders in the (3) he contracts a subsequent marriage;
crime of qualified seduction are: and (4) the subsequent marriage would
have been valid had it not been for the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 73 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 74 of 168
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 application for marriage license which they
nullity of his second marriage is not per subscribed and swore to before the Local
criminal liability for bigamy. Although application, that she is single. The marriage
the judicial declaration of the nullity of a licensed was issued. In due time, the couple
marriage on the ground of psychological were married by the mayor. Raissa and
incapacity insofar as the vinculum Juan had their first sexual intercourse later
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 75 of 168
adultery (Art. 333, RPC) for having criminal liblity (Fermin v. People, GR No.
sexual intercourse with Juan, although 157643, March 28, 2008).
she is a married woman.
Any attack upon the private character of
Libel; Defamatory Utterances against constitute liber under Article 355 (Sazon
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 76 of 168
QUASI-OFFENSES
Libel; Unfair Competition (2010)
Criminal Negligence; Reckless
No. XI. Angelina maintains a website where Imprudence Resulting in Homicide
visitors can give their comments on the (2008)
posted pictures of the goods she sells in her
exclusive boutique. Bettina posted a No. III. Olimpio caught a cold and was
comment that the red Birkin bag shown in running a fever. His doctor prescribed
Angelina’s website is fake and that Angelina paracetamol. Olimpio went to a drug store
is known to sell counterfeit items. with the prescription, and the pharmacist
sold him three(3) tablets. Upon arriving
Angelina wants to file a case against home, he took a tablet. One hour later, he
Bettina. She seeks your advice. What advice had a seizure and died. The autopsy
will you give her? (4%) showed that the tablet he had taken was
not paracetamol but a pill to which he was
SUGGESTED ANSWER:
allergic. The pharmacist was charged with
I will advise Anglina to file a criminal murder. Is the charge proper? If not, what
case of libel against Bettina because the should it be? Explain. ( 6% )
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 77 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 78 of 168
Doctrine of Pro Reo (2012) Following the pro reo doctrine, under
Art. 48 of the Revised penal Code,
No. VI. a. What is the fundamental principle crimes are complexed and punished with
in applying and interpreting criminal laws, a single penalty (i.e., that prescribed for
including the Indeterminate Sentence Law? the most serious crime and to be
(5%) imposed in its maximum period). The
rationale being, that the accused who
SUGGESTED ANSWER:
commits two crimes with single criminal
impulse demonstrates lesser perversity
The fundamental principle in
that when the crimes are committed by
interpreting and applying penal laws is
different acts and several criminal
the principle of pro reo. The phrase “in
resolutions. (People vs Comadre, 431
dubio pro reo” means “when in doubt,
SCRA 366, 384 [2004]). However, Art. 48
for the accused.” (Intestate estate of
shall be applied only when it would bring
Gonzales v. People, G.R. No. 173473,
about the imposition of a penalty lesser
December 17, 2008).
than the penalties if prosecuted
separately instead of being complexed.
No. XII. b. What is the doctrine of pro reo? Human Rights Violations (2008)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 79 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 80 of 168
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.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 81 of 168
fold of the most severe of the penalties matters, including checks and treasury
imposable. The computation under the warrants, was hijacked along a national
three-fold rule is for the prison highway by ten (1 0) men, two (2) of whom
thief. Carlos tried to stop Paolo by shouting you charge the ten (10) men who hijacked
at him, but Paolo ignored him. To prevent the postal van with violation of Presidential
his car from being carnapped, Carlos drew Decree No. 532, otherwise known as the
his gun, aimed at the rear wheel of the car Anti-Piracy and Anti -Highway Robbery Law
and fired. The shot blew the tire which of 1974? Explain your answer. (5%)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 82 of 168
1972 (People v. Puno, G.R. No. 97471, Anti-Graft & Corrupt Practices – RA 3019
February 17, 1993). Moreover, there is (2010)
no 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
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 83 of 168
Considering that the acts prohibited or therefor, the plaintiff gave Charina
punished under this law are mala P20,000.00.
prohibita, and thus punishable
thereunder, whether done with criminal Charina was charged with violation of
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 84 of 168
and distinct from each other, with shall knowingly visit the same.” These
different penalties. The two charges do requisites are absent in the facts given.
not constitute 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
discovered that it was actually gun was used in the killing,Domeng asked
a shabu session. At that precise time, the Mayor Tan to help him escape. The mayor
place was raided by the police, and gave Domeng P5,000.00 and told him to
Anastacio was among those arrested. proceed to Mindanao to hide. Domeng went
to Mindanao. The mayor was later charged
What crime can Anastacio be charged with, as 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%)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 85 of 168
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 False, there is nothing in the law which
mala 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 sufficient that proceeds of an unlawful
law adopted the nomenclature of activity are transacted, making them
penalties provided under the RPC, such appear to have originated from
pronouncement cannot be applied in the legitimate sources.
instant case because the for illegal
possession of drugs under R.A. 9165 do
not follow the technical nomenclature of
R.A. 9160; Anti-Money Laundering Act;
penalties in the RPC and thus, cannot be
Freeze Order (2010)
divided into periods. Hence, the
existence of mitigating and aggravating
No. VI. There being probable cause to
circumstances cannot be appreciated.
believe that certain deposits and
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
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 86 of 168
to allow inquiry into his deposit was filed transaction is to hide the beneficial
with the Regional Trial Court. owner of said funds and allows criminal
organizations or criminals to enjoy the
After hearing the application, the court
proceeds of uch criminal activities.”
granted the application and issued a freeze
order. The three (3) stages in money laundering
are:
Pass upon the correctness of the court’s
order. Explain. (3%) a) Placement/infusion or the
physical disposal of the criminal
SUGGESTED ANSWER:
proceeds;
b) Layering or the separation of the
The freeze order issued by the Regional
criminal proceeds from their
Trial Court is not correct, because
source by creating layers of
jurisdiction to issue said freeze order is
financial transactions to disguise
now vested with the Court of Appeals
such proceeds as legitimate and
under Rep. Act 9194, amending the Anti-
avoid the audit trail; and
Money Laundering Act (Rep. Act No.
c) Integration or the provision of
9160). The Regional Trial Court is
apparent legitimacy to the
without jurisdiction to issue a freeze
criminal proceeds.
order of the money involved.
R.A. 9160; Anti-Money Laundering Act; Children Act; Battered Woman Syndrome
No. XII. a. Define Money Laundering. What No. XIX. a. Jack and Jill have been married
are the three (3) stages in money for seven years. One night, Jack came
Money Laundring is “the process of A week later, the same episode occurred –
which a person conceals the existence of Jack came home drunk and started hitting
unlawfully obtained money and makes it Jill.
appear to have originated from lawful
sources. The intention behind such a
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 87 of 168
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 another chance. After several days,
the defense of "battered woman syndrome." however, Jack again came home drunk.
The following day, he was found dead.
Define "Battered Woman Syndrome." (2%)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 88 of 168
That on or about the 1st week of January such manifestations and representations to
2010 or subsequent thereto in Cebu City transact in foreign exchange were false and
and within the jurisdiction of this fraudulent, that these resulted to the
Honorable Court, the above-named damage and prejudice of the complainants
accused, conspiring and confederating and other persons, and that the
together and all of them mutually helping defraudation pertains to funds solicited
and aiding one another in a syndicated from the public in general by such
manner, through a corporation registered corporations/associations.
with the Securities and Exchange
Will the case for syndicated estafa prosper?
Commission (SEC), with intention of
Explain. (5%)
carrying out the unlawful or illegal act,
transaction, enterprise or scheme, with SUGGESTED ANSWER:
intent to gain and by means of fraud and
deceit, did then and there willfully, No, a case for syndicated estafa will not
unlawfully, and feloniously defraud Virna, prosper because a syndicate for such
Lana, Deborah and several other persons crime under Pres. Decree 1689 must be
by falsely or fraudulently pretending or comprised of five (5) or more persons
representing in a transaction or series of committing the estafa or other forms of
transactions, which they made with swindling defined in Arts. 315 and 316
complainants and the public in general, to of the Revised Penal Code; whereas the
the effect that they were in a legitimate case given involved only three (3)
business of foreign exchange trading accused who are alleged to have
successively or simultaneously operating conspired in the commission of the
under the name and style of ABC swindling. But because the amount
Corporation and DEF Management defrauded exceeds P100,000.00, the case
Philippines, Incorporated, induced and is still under the same P.D. 1689 with a
succeeded in inducing complainants and lower penalty than syndicated estafa.
several other persons to give and deliver to
said accused the amount of at least
P20,000,000.00 on the strength of said
Torture (2012)
manifestations and representations, the
accused knowing fully well that the
No. X. b. AA was arrested for committing a
abovenamed corporations registered with
bailable offense and detained in solitary
the SEC are not licensed nor authorized to
confinement. He was able to post bail after
engage in foreign exchange trading and that
two (2) weeks of defection. During the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 89 of 168
“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
In addition to torture, the crime of civil action arising therefrom where the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 90 of 168
action bars the civil action arising (i.e. the father or the mother) is
therefrom where the judgment of principally liable pursuant to Article 101
acquittal holds that the accused did not of the Revised Penal Code.
commit the criminal acts 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
discernment in committing crimes. who 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 In U.S. v. dela Cruz (G.R. No. L-7094,
child does not include the exemption March 29, 1912), the Supreme Court
exempted from criminal liability, the of passion and obfuscation wherein the
person who has legal authority or control accused, in the heat of passion, killed
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 91 of 168
the deceased, who had been his querida privileged mitigating circumstances
(concubine or lover), upon discovering under Article 69 of the Revised Penal
her in flagrante in carnal communication Code.
with a mutual acquaintance.
V. Conspiracy to commit a felony is
IV. Who among the following accused is punishable only in cases where the law
entitled to a privileged mitigating specifically provides a penalty. Which of the
circumstance that would lower the following combinations contain specific
imposable penalty by one degree? (0.5%) felonies under the Revised Penal Code?
(0.5%)
(A) A minor above 15 years old and
below 18 years old who acted with (A) Conspiracy to commit treason,
discernment. conspiracy to commit rebellion,
conspiracy to commit coup d'etat,
(B) One who, in fulfillment of his conspiracy to commit misprision of
duty to carry out the warrant of treason.
arrest of a fugitive, shot the fugitive
to death without ascertaining his (B) Conspiracy to commit
identity. rebellion, conspiracy to commit
coup d'etat, conspiracy to commit
(C) One who defended himself treason, conspiracy to commit
against an unlawful aggression but sedition.
used unreasonable means and gave
provocation. (C) Conspiracy to commit rebellion
or insurrection, conspiracy to
(D) All of the above. commit sedition, conspiracy to
commit illegal assemblies,
SUGGESTED ANSWER:
conspiracy to commit treason.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 92 of 168
(C) When the offender uses an (C) when the death of the accused
instrument and inserts it m the occurred during the pendency of his
mouth of the victim. appeal
(D) When she befriends and puts a (D) when the death of the accused
sleeping pill in the victim's drink occurred after final judgment
to enable her husband to have
intercourse with the victim. (E) None of the above.
(D) When she befriends and puts a (D) when the death of the accused
sleeping pill in the victim's drink to occurred after final judgment
enable her husband to have intercourse
with the victim. Criminal liability is totally extinguished
by the death of the convict, as to the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 93 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 94 of 168
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
(B) No, because subsidiary crime/s did Anthony commit? (1%)
imprisonment is applicable only
when the penalty imposed is (A) Falsification of a public
prision correccional or below. document.
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 used the slippery stairway and slipped,
Pesos (P1,000,000) plus 12% interest, on or hitting her head on the stairs. Gina died
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 95 of 168
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.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 96 of 168
(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 (A) Homicide with serious physical
crime because the swimming pool injuries through simple negligence.
is located 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 (C) Simple negligence resulting in
her private home. damage to property, serious
physical injuries and homicide.
Ameli did not commit the crime of
alarms and scandals because she did not (D) Reckless imprudence resulting
intend to disturb public peace as she was in homicide, serious physical
merely swimming within the confines of injuries and damage to property.
her private home. Neither did Amelia
commit grave scandal because her SUGGESTED ANSWER:
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 97 of 168
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 communications made are
car to a friend's house and hid it in an privileged; the writer cannot be held
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 98 of 168
impertinent to the issue in the pleading (D) acts of lasciviousness (Article 336,
may be libelous. Revised Penal Code).
A pleading is absolutely privileged when XIX. If Rod killed Irene, his illegitimate
the defamatory statement therein is daughter, after taking her diamond earrings
legitimately related thereto, or so and forcing her to have sex with him, what
pertinent to the inquiry in the course of crime/s should Rod be charged with? (1%)
the trial (People v. Sesbereno, G.R. No. L-
62449, July 16, 1984). Although (A) Robbery and rape with parricide.
(A) rape by sexual assault for using since homicide was committed on the
(B) violation of the Anti-Child Abuse There is no criminal liability for theft,
Law for lascivious conduct since, under Article 332 of the Revised
Penal Code, no criminal, but only civil
(C) unjust vexation liability, shall result from the
commission of the crime of theft,
(D) acts of lasciviousness swindling or malicious mischief
committed or caused mutually by the
(E) None of the above.
following persons:
SUGGESTED ANSWER:
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 99 of 168
(Atty. Hipolito) was asking money from line is not the device or arrangement
Julito in exchange for dropping the contemplated by the law and the use of
Ricardo was charged of violating the Anti- as wire tapping (Gaanan v. IAC, G.R. No.
Under these facts, was there a violation as XXI. Judge Talim, upon complaint and
law and the use of an extension manifest partiality under R.A. No.
tapping.
(D) Bribery.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 100 of 168
unjust interlocutory order are present, for opium, he shall not be held
to wit: (1) that the offender is a judge; (2) additionally liable for use of dangerous
that he performs any of the following drugs under Section 15 of RA 9165. The
acts: (a) he knowingly renders an unjust last paragraph of thi provision provides:
(Article 206, Revised Penal Code). The under Section 11 of this Act, in which
requirement of a notice and hearing is a case the provisions stated therein shall
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 101 of 168
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%)
or other facilities needed for the exercise disqualified him so that he can no
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 102 of 168
Suspecting that one of his neighbours had benefit of probation shall not be
poisoned the pigs, Juancho went home, extended to those convicted of a crime
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 103 of 168
criminal information for estafa, but the complex crime of estafa through
constitute not only the crime of estafa, given situation, the two (2)
relationship by affinity is
SUGGESTED ANSWER:
therefore no longer available to
AAA.
D. there are two views on whether the
b. The death of spouse does not
extinguishment of marriage by death of
severe the relationship by
the spouse dissolves the relationship by
affinity which is an absolutory
affinity for purpose of absolute cause.
cause available to AAA for estafa
The first holds that relationship by
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 104 of 168
even after the death of the deceased had applied the “mistake of fact”
spouse. The principal of pro reo calls for doctrine in relation to the justifying
accused. However, the absolutory cause defense of person and right (US v.
applies to theft, swindling and Bautista, G.R. No. 10678, August 17,
maliscious mischief. It does not apply to 1915), defense of honor (United States v.
Gonzales v. People, G.R. No. 181409, 4911, February 10, 1953), and the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 105 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 106 of 168
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 superior strength (People v. Loreto, G.R.
killing to murder because No. 137411-13, February 28, 2003, See
abuse of superior strength is also People v. Perez, G.R. No. 181409,
absorbed by treachery. February 11, 2010).
c. Treachery is the qualifying
aggravating circumstance, while 5. Which of the following circumstances
strength concurs with treachery, the by the law in defining a crime and
former is absorbed in the latter (People prescribing the penalty therefor shall not
be taken into account for the purpose of
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 107 of 168
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 7. Proposal to commit felony is punishable
arise from the moral attributes of the only in cases in which the law
inciting to sedition and those whose recruitment under the Labor Code and
are entitled to the benefits of the a. No. The filing of two (2) separate
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 108 of 168
Code and for estafa by means of a person convicted under RA No. 8042
deceit for the same act is may also be convicted of offenses
violative of the principle against punishable by other laws (People v.
double jeopardy. Logan, G.R. No. 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,
recruitment with estafa by they are not the same. Not all acts,
means of deceit should be filed, which constitute astafa, necessarily
instead of two (2) separate establish illegal recruitment, for estafa is
Informations. wider in scope and rovers deceits
c. No. A person convicted of illegal whether or not related to recruitment
recruitment under the Labor actvivties. More importantly, the
Code may not, for the same act, element of damage, which is essential in
be separately convicted of estafa estafa case, is immaterial in illegal
by means of deceit. recruitment (People v. Turda, G.R. No.
d. Yes. A person convicted of 97044, July 6, 1994). Moreover, under
illegal recruitment under the Section 6 of RA No. 8042 as amended by
Labor Code may, for the same RA No. 10022, the filing of an offebse
act, be separately convicted of punishable under this Act shall be
estafa by means of deceit. without prejudice to the filing of cases
punishable under existing laws, rules or
SUGGESTED ANSWER: regulations. If the recruitment is
undertaken to defraud another, the
D. it is well-settled that a person who
recruiter may be held liable for estafa
has committed illegal recruitment may
under paragraph 2(a) of Article 315 of
be charged and convicted separately of
the Revised Penal Code and illegal
the crime of illegal recruitment under
recruitment.
RA No. 8042 and estafa. The reason for
the rule is that the crime of illegal [Note: RA No. 8042 amended pertinent
recruitment I malum prohibitum where provisions of the Labor Code and gave a
the criminal intent of the accused is not new definition of the crime of illegal
necessary for conviction, while the recruitment and provided for a higher
crime of estafa Is malum in se where the penalty – Nasi-Villar v. People, G.R. No.
criminal intent of the accused is 176169, November 14, 2008]
necessary for conviction. In other words,
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 109 of 168
property.
B. the crime of prolonging performance
d. Light felonies are punishable
of duties and powers is committed by
only when committed against
any public officer who shall continue to
persons or property.
exercise the duties and powers of his
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 110 of 168
12. What is the criminal liability, if any, of a Criminal liability shall be incurred by
pregnant woman who tried to commit any person committing a felony (delito)
suicide by poison, but she did not die although the wrongful act done be
and the fetus in her womb was expelled different from that which he intended
instead? (Article 4 of the Revised Penal Code).
a. The woman who tried to commit Attempt to commit suicide although an
suicide is not criminally liable intentional act is not constitutive of a
because the suicide intended felony. According to Luis B. Reyes, “a
was not consummated. person who attempts to commit suicide
is not criminally liable, because the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 111 of 168
society has always considered a person (17) years and four (4) months of
attempts to kill herself as an reclusion temporal as maximum.
unfortunate being, a watched person
more deserving of pity rather than of SUGGESTED ANSWER:
13. Chris Brown was convicted of a complex the accused guilty of the complex crime
crime of direct assault with homicide of homicide with assault upon a person
authorities are engaged in the discharge twelve (12) years of prision mayor, as
of their duties. The penalty for homicide minimum, to twenty (20) years of
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 112 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 113 of 168
offense, B was found in possession of 1866, the penalty for illegal possession
he was serving sentence when for high powered firearm. Since these
from the second offense. No. 124212, June 5, 1998). One of these
because the second offense was Justice Florenz Regalado opined that the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 114 of 168
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
advantage of the signature of the Code since the victim killed is not less
offended party in a blank check and by than three days of age. Killing of a three-
writing the payee and amount of the day old baby constitutes murder
check to the prejudice of the offended qualified by treachery under Article 248.
means; 2004).
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 115 of 168
killed by the accused; (3) the deceased is 3947, January 28, 1908); or (3)
the father, mother, or child, whether determining if he committed or is
legitimate or illegitimate, or a legitimate committing a crime (US v. Hawchaw, GR
other ascendant ot other descendant, or No. L-6909, February 20, 1912).
the 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
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 116 of 168
other than those authorized by law, or after the killings to seek protection
shall arrest or detain another for the relatives. Considering that the accused
purpose of delivering him to the proper did not uncondtitionally submit himself
save the authorities the trouble the buyer that the laptop had
c. No. A did not unconditionally b. The person who ran away with
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 117 of 168
d. The son who induced his father constitute estafa of theft depending
to buy from him a land which upon the nature of possession. If his
the son is no longer the owner. possession of the property if physical or
de facto, misappropriation thereof is
SUGGESTED ANSWER: constitutive of theft. If the possession is
juridical or legal, misappropriation
B. the person, who ran away with a
thereof is estafa through
cellphone which was handed to him
misappropriation (See: People v. Mirto,
upon his pretence that he had to make
GR No. 193479, October 19, 2011). Thus,
an emergency call, is liable for estafa
the person, who ran away with a
through misappropriation.
cellphone which was handed to him
upon his pretence that he had to make
ALTERNATIVE ANSWER:
an emergency call, is liable for theft
not in itself concealment. Concealment Phil. 1000). Hence, “B” is not the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 118 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 119 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 120 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 121 of 168
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.
position; d. Offender killing his
b. qualified abandonment of illegitimate mother.
office;
c. misprision of treason; SUGGESTED ANSWER:
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 122 of 168
29. What is the minimum age of criminal constitutes trafficking in person (Section
responsibility? 4 [f] of RA No. 9208). The means to
a. a} fifteen (15) years old or under commit trafficking in person such as
b. nine (9) years old or under taking advantage of the vulnerability of
c. above nine (9) years old and the victim, fraud etc. can be dispensed
under fifteen (15) who acted with with since the trafficking is qualified
discernment when trafficked person is a child or when
d. above fifteen (15) years old the adoption is effected through Inter-
and under eighteen (18) who Country Adoption Act of and said
acted with discernment adoption is for the purpose of
prostitution (Section 6 [a] and [b]).
SUGGESTED ANSWER:
31. What crime is committed when a
D. a child above fifteen (15) years but mother kills the three-day old child of
below eighteen (18) years of age shall be her husband with their daughter?
exempt from criminal liability unless a. parricide;
he/she has acted with discernment b. infanticide;
(Section 6 of RA No. 9344). c. murder;
d. homicide.
30. When the adoption of a child is effected
under the Inter-Country Adoption Act SUGGESTED ANSWER:
for the purpose of prostitution, what is
the proper charge against the offender C. The crime committed is not
who is a public officer in relation to the infanticide since the victim killed I not
exploitative purpose? less than three days of age. As the child
a. acts that promote trafficking in of her daughter, the baby is the
persons; illegitimate grandchild of the offender.
b. trafficking in persons; Killing her illegitimate grandchild is not
c. qualified trafficking in parricide. However, killing of a three-day
persons; old baby constitutes murder qualified by
d. use of trafficked person. treachery.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 123 of 168
the crime.
A.Since the offender was sentenced to
c. When there are four ( 4) armed
term of not more than one year, the
persons, one of whom is a
period of probation shall not exceed two
principal by inducement.
years (Section 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
under Article 14 (6) of the Revised Penal a. The mayor is criminally liable for
four malefactors, (2) at least four of them b. The mayor is criminally liable
123161, June 18, 2003, En Banc), and c. The mayor is criminally liable for
Supreme Court En Banc stated that the against the indecency of the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 124 of 168
official, no matter how high, is above the or to stir up the people against
law (Villavicencio v. Lukban, GR No. the lawful authorities.
14639, March 25, 1919). A public officer,
who, not being thereunto authorized by SUGGESTED ANSWER:
35. How is the crime of coup d'etat authorities of the Republic of the
arms against the Government for public utilities or other facilities needed
power.
36. What is the proper charge against
c. When persons rise publicly and
public officers or employees who, being
tumultuously in order to prevent
in conspiracy with the rebels, failed to
by force the National
resist a rebellion by all means in their
Government from freely
power, or shall continue to discharge
exercising its function.
the duties of their offices under the
d. When persons circulate
control of the rebels, or shall accept
scurrilous libels against the
appointment to office under them?
Government which tend to
a. disloyalty of public officers or
instigate others to meet together
employees;
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 125 of 168
37. What is the proper charge against a the 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
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 126 of 168
arms against the government for any of group of persons entered the municipal
the purposes of rebellion (The Revised building rising publicly and taking up
the offender must incite other not only authority with respect to the residents
power) but likewise to perform the acts manner of governance and removing
of rebellion (rising publicly and taking up such locality under their control from
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 127 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 128 of 168
than prision mayor (Article 145 of the public uprising, shall employ force or
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 129 of 168
(Clarin v. Justice of Peace, GR No. L- together with other Filipino girls (People
7661, April 30, 1955). v. 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
b. disloyalty;
strength are by their nature, inherent in
c. treason;
the offense of treason and may not be
d. violation of neutrality.
taken to aggravate the penalty (People v.
Adlawan, GR No. L-456, March 29, 1949). SUGGESTED ANSWER:
Evident premeditation is inherent in
treason because adherence and the A.Espionage is committed by public
giving of aid and comfort to the enemy officer, who is in possession, by reason
is a long continued process requiring of the public office he holds, of the
comfort to the enemy is a long articles, data, or information of a
continued process requiring for the confidential nature relative to the
successful consummation of the traitor‟s defense of the Philippine Archipelago,
purpose a fixed, reflective and persistent discloses their contents to a
determination and planning (People v. representative of a foreign nation
Racaza, GR No. L-365, January 21, (Article 117 of the Revised Penal Code).
1949). However, cruelty may be
appreciated in treason by deliberately 44. A foreigner residing in Hong Kong
guerrilla suspect and then stripping his a. No. The provisions of the Revised
wife of her clothes and then abusing her Penal Code are enforceable only
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 130 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 131 of 168
residence. If an alien, while residing in a lability for physical injuries (Article 235
foreign country, does an act, which of the Revised Penal Code).
would amount to treason if committed
by a citizen of that country, he will be ALTERNATIVE ANSWER:
46. A jailer inflicted injury on the prisoner obtaining some information form the
because of his personal grudge against prisoner. A jailer who inflicted injuries
the latter. The injury caused illness of on the prisoner because of personal
the prisoner for more than thirty (30) grudge against him is liable for physical
days. What is the proper charge against injuries only (People v. Javier, CA, 54 OG
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 132 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 133 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 134 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 135 of 168
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
provisions of Article 280 shall not be
applied even if the child in conflict with
applicable to any person who shall enter
the law is already 18 years of age or
another‟s dwelling for the purpose of
more at the time of the pronouncement
preventing some serious harm to
of his/her guilt. Section 40 of the same
himself.
law limits the said suspension of
sentence until the child reaches that 54. AAA was convicted of theft by a Manila
maximum age of 21 (People v. Mantalba, Court and sentenced to a straight
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
the purpose of preventing some harm to
guilty of any crime punishable by the
himself?
laws of 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.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 136 of 168
c. Yes. The penalty for violation conditional pardon granted to AAA does
of conditional pardon is the not exceed six years, the court cannot
unexpired portion of the require the convict to serve the
punishment in the original unexpired portion of his original
sentence. sentence in addition to the penalty of
d. No. AAA must first be found prision correctional in its minimum
guilty of the subsequent period (See: Revised Penal Code by Luis
offense before he can be Reyes).
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
offenders.
sentence. The penalty for violation of
d. He is criminally liable as
conditional pardon under Article 159 of
principal for aiding and
the Revised Penal Code will depend upon
abetting a band of brigands.
the penalty remitted by the granting of
pardon. The penalty remitted is the
SUGGESTED ANSWER:
unexpired portion of the sentence at the
time the pardon was accepted. If the D. The crime of aiding and abetting a
unexpired portion of the penalty is not band of brigands is committed by a ny
higher than six years, the convict shall person knowingly and in any manner
then suffer penalty of prision acting, abetting or protecting a band of
correctional in its manimum period. brigands as described in the next
Since the penalty remitted by the preceding article, or giving them
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 137 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 138 of 168
means of false pretenses. by RR. She was forced to take part in the
him for illegal recruitment, latter to part with her money. WW was
double jeopardy has already set led to believe by RR that she possessed
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 139 of 168
recruitment does not bar the filing of b. A is criminally liable for robbery
estafa, and vice versa. RR‟s acquittal in with force upon things in an
the illegal recruitment case does not inhabited house because the act
prove that she is not guilty of estafa. was committed in a house
Illegal recruitment and estafa are constituting the dwelling of one
entirely different offenses and neither or more persons.
one necessarily includes or necessarily c. A is criminally liable for grave
included in the other. A person who is coercion because the
convicted of illegal recruitment may, in presumption of intent to gain
addition, be convicted of estafa. In the is rebutted.
same manner, a person acquitted of d. A is criminally liable for qualified
illegal recruitment may be held liable for trespass to dwelling because he
estafa. Double jeopardy will not set in employed violence.
because illegal recruitment is malum
prohibitum, in which there is no SUGGESTED ANSWER:
58. A entered the house of B. Once inside under a bona fide belief that he owns the
with the use of violence and force upon is liable for grave coercion because he
things, believing himself to be the owner used violence in seizing the property by
of the personal property so seized. What reason of his mistaken belief that he
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 140 of 168
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
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 141 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 142 of 168
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
by A, B, C and D? c. Negligence;
incriminatory machination
SUGGESTED ANSWER:
through unlawful arrest.
b. A, 8, C and D committed
B. Culpable crime is committed by
intriguing against honor with
means of negligence or imprudence.
unlawful arrest.
Imprudence indicates a deficiency in
c. A, 8, C and D committed slight
action. Negligence indicates a deficiency
illegal detention.
of perception. If a person fails to take
d. A, 8, C and D committed
necessary precaution to avoid injury to
corruption of public official.
person or damage to property, there is
imprudence. If a person fails to pay
SUGGESTED ANSWER:
proper attention and to use due
the offended party because it was the lack of foresight. Imprudence usually
only way that they could with facility involves lack of skill (The Revised Penal
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 143 of 168
c. When a person wrongfully shall dispose of the same. The law was
takes real property from its taken from Article 455 of the Spanish
express authority from the incorporated in the RPC (In sum, the
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 144 of 168
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?
a. DD committed the crime of SUGGESTED ANSWER:
attempted murder.
A.Maltreatment is committed by an
b. DD committed the crime of
offender, who shall ill-treat another by
attempted homicide.
deed without 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
October 21, 1992 – outside the house of the baptismal certificate of A as one of
the victim, accused with intent to kill the godparents and allowed a proxy for
fired at the bedroom, where the victim is C during the baptismal ceremony. What
shots. No one was hit by the gun fire. a. The ecclesiastical minister is
not present in said place and thus, the ceremony when he did not in
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 145 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 146 of 168
P200 or both. Article 59 should not be allows another to take the funds, or
made applicable to one who attempts to through abandonment or negligence,
commit a light felony of impossible allow such taking. The felony may be
materialization since the penalty for the committed, not only through the
former is graver than that for the latter. misappropriation or the conversion of
It would be unfair to punish a person, public fund or property to one‟s personal
who failed to commit a light felony since use, but also by knowingly allowing
it is impossible to accomplish it, for a others to make use of or misappropriate
graver penalty than that for a person the fund. The felony may thus be
who committed a light felony. committed by dolo or by culpa. The
crime is consummated and the
70. What crime is committed by a public appropriate penalty is imposed
officer who, having control of public regardless of whether the mode of
funds or property by reason of the commission is with intent or due to
duties of his office and for which he is negligence (People v. Pantaleon, Jr., GR
accountable, permits any other person No. 158694-96, March 13, 2009).
through abandonment to take such
public funds or property? 71. AA knowingly and willfully induced BB
a. The public officer commits to swear falsely. BB testified as told in a
malversation. formal hearing of an administrative case
b. The public officer commits under circumstances rendering him
technical malversation. guilty of perjury. Is AA criminally liable?
c. The public officer commits the a. AA is not criminally liable
crime of failure of accountable or because his act constitutes
responsible officer to render subornation of perjury which is
accounts. not expressly penalized in the
d. The public officer commits the Revised Penal Code.
crime of failure to make delivery b. AA is not criminally liable
of public funds or property. because he was not the one who
gave false testimony in the
SUGGESTED ANSWER: administrative case.
c. AA is not criminally liable
A.It is settled that a public officer is
because the witness suborned
liable for malversation even if he does
testified in an administrative
not use public property or funds under
case only.
his custody for his personal benefit, if he
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 147 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 148 of 168
RA No. 9208 has not provided a penalty office files as an act of revenge against
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 149 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 150 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 151 of 168
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 damages that defendant Y, employing
entrapment fraud, convinced him to buy a defective
vehicle. Y filed a criminal action for libel
(B) Unlawful arrest against X for maliciously imputing fraud on
him. Will the action prosper if it turns out
(C) Incriminating an innocent
that the civil complaint for damages was
person
baseless?
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 152 of 168
(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 (Other 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
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 153 of 168
(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
(D) No, since Dr. Chow brought it (20) The exchanges of highly offensive
upon himself, having failed to words between two quarrelling women in
submit 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.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 154 of 168
(B) grave slander against the woman a physical defect must prove that such
who started it and light slander defect 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.
personal property.
(A) the mother killing her 2-day
(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
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 155 of 168
(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
(26) A, B, and C agreed to rob a house of its act 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
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 156 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 157 of 168
(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.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 158 of 168
(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 (B) Speeches extolling
a crime to Judge Odon. communism and urging the
people to hold a national strike
(C) No, since Sam imputes the and paralyze 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 crime by itself in
kill is presumed from the killing
of the victim.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 159 of 168
(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
(A) Following the killing of his his wife and their driver sleeping in the
adopted brother, P went to the master’s bedroom. Outraged, the accused
place where it happened and got his gun and killed both. Can the
killed S 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
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 160 of 168
(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
obfuscation, (ii) vindication of a grave (48) The penalty of perpetual or temporary
offense, and (iii) voluntary surrender that special disqualification for the exercise of
the husband invoked and proved? the right of suffrage does NOT deprive the
offender of the right
(A) It will appreciate passion or
obfuscation and voluntary (A) to be elected to a public office.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 161 of 168
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.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 162 of 168
(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
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 163 of 168
(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
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 164 of 168
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 165 of 168
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
injury was not the immediate cause on 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 and Children must prove that the final
in a felony. acute battering episode was preceded by
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 166 of 168
Penal 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
(C) The Philippine court.
City) for the 2008 PALS reviewer
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 167 of 168
UP LAW Review
lawphil.net
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 168 of 168