BAR EXAMINATIONS CRIMINAL LAW 2014-2017

2017 BAR EXAMINATIONS
CRIMINAL LAW
November 19, 2017 2:00 P.M. – 6:00 P.M.
INSTRUCTIONS

1. This Questionnaire contains nine (9) pages. Check and make sure that your Questionnaire has the correct number of pages. You may write on your Questionnaire as you answer the questions.

Read each question very carefully and write your answers in your Bar Examination Notebook in the same order of the questions. Answer the essay questions legibly, clearly, and concisely. Write your answers only on the front of every page of your Notebook. If the front pages are not sufficient, continue at the back of the first page and so on. Start every number on a separate page, but an answer to a sub-question under the same number may be written continuously on the same page and on the immediately succeeding pages until the answer is complete. Follow the numbering sequence of the Questionnaire in your answers.

2. Your answers should demonstrate your ability to analyze the facts, apply the pertinent laws and jurisprudence, and arrive at sound and logical conclusions. Answers must fully explain even if the questions do not expressly require explanations. A “Yes” or “No” answer sans explanation or discussion will not be given full credit.

3. Marking of your Notebook with your name or other identifying signs or symbols extraneous to the subject matter of the questions may be considered as cheating and may disqualify you.

Good luck!

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE LUCAS P. BERSAMIN
Chairman
2017 Bar Examinations

I.

Tonito, an 8-year-old boy, was watching a free concert at the Luneta Park with his father Tony. The child stood on a chair to be able to see the performers on the stage. Juanito, a 10-year-old boy, who was also watching the concert, could not see much of the performance on the stage because Tonito was blocking his line of sight by standing on the chair. Using his elbow, Juanito strongly shoved Tonito to get a good view of the stage. The shove caused Tonito to fall to the ground. Seeing this, Tony struck Juanito on the head with his hand and caused the boy to fall and to hit his head on a chair. Tony also wanted to strangle Juanito but the latter’s aunt prevented him from doing so. Juanito sustained a lacerated wound on the head that required medical attendance for 10 days.

Tony was charged with child abuse in violation of Sec. 10(a), in relation to Sec. 3(b)(2), of R.A. No. 7610 (Child Abuse Law) for allegedly doing an “act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being.” In his defense, Tony contended that he had no intention to maltreat Juanito, much less to degrade his intrinsic worth and dignity as a human being.

(a) Distinguish crimes mala in se from crimes mala prohibita. (3%)

(b) Was Tony criminally liable for child abuse under R.A. No. 7610? Explain your answer. (3%)

II.

Sixteen year old Aliswan prodded Amethyst, his girlfriend, to remove her clothing while they were secretly together in her bedroom late one evening. Failing to get a positive response from her, he forcibly undressed her. Apprehensive about rousing the attention of the household who did not know of his presence inside her room, she resisted him with minimal strength, but she was really sobbing in a muffled manner. He then undressed himself while blocking- the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then sitting alone on a sofa in the sala, saw him leave his daughter’s room naked.

Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst’s former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed Allesso. Aliswan immediately went into hiding afterwards.

Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante wanted to teach Aliswan a lesson he would never forget. Amante set out the next day to look for Aliswan in his school. There, Amante found a young man who looked very much like Aliswan. Amante immediately rushed and knocked the young man unconscious on the pavement, and then draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG TULARAN. Everyone else in the school was shocked upon witnessing what had just transpired, unable to believe that the timid and quiet Alisto, Aliswan’s identical twin brother, had committed rape.

(a) A criminal complaint for attempted rape with homicide was brought against Aliswan in the Prosecutor’s Office. However, after preliminary investigation, the Investigating Prosecutor recommended the filing of two separate informations – one for attempted rape and the other for homicide. Do you agree with the recommendation? Explain your answer. (3%)

(b) Before the trial court, Aliswan moved that the cases should be dismissed because he was entitled to the exempting circumstance of minority. Is his motion correct? Explain your answer. (3%)

(c) After receiving medical attendance for 10 days, Alisto consulted you about filing the proper criminal complaint against Amante. What crimes, if any, will you charge Amante with? Explain your answer. (3%)

(d) Answering the criminal complaint filed by Alisto, Amante contended that he had incurred no criminal liability for lack of criminal intent on his part, his intended victim being Aliswan, not Alisto. What is this defense of Amante, and explain if the same will prosper? (3%)

III.

Overjoyed by the award to his firm of a multi-billion government contract for the development of an economic and tourism hub in the Province of Blank, Mr. Gangnam allotted the amount of P100 Million to serve as gifts for certain persons instrumental in his firm’s winning the award. He gave 50% of that amount to Governor Datu, the official who had signed the contract with the proper authorization from the Sangguniang Panlalawigan; 25% to Bokal Diva, the Sangguniang Panlalawigan member who had lobbied for the award of the project in the Sangguniang Panlalawigan; and 25% to Mayor Dolor of the Municipality where the project would be implemented. Governor Datu received his share through his wife, Provincial First Lady Dee, who then deposited the amount in her personal bank account.

Previously, upon facilitation by Bokal Diva, Mr. Gangnam concluded an agreement with Mayor Dolor for the construction of the Blank Sports Arena worth ₱800 Million. The project was highly overpriced because it could be undertaken and completed for not more than ₱400 Million. For this project, Mayor Dolor received from Mr. Gangnam a gift of ₱10 Million, while Bokal Diva got ₱25 Million.

In both instances, Bokal Diva had her monetary gifts deposited in the name of her secretary, Terry, who personally maintained a bank account for Bokal Diva’s share in government projects.

(a) May each of the above-named individuals be held liable for plunder? Explain your answer. (4%)

(b) Define wheel conspiracy and chain conspiracy. Is either or both kinds existent herein? Explain your answer. (4%)

(c) What provisions of R.A. No. 3019 (Anti-Graft & Corrupt Practices Act), if any, were violated by any of the above-named individuals, specifying the persons liable therefor? Explain your answer. (4%)

(d) What crimes under the Revised Penal Code, if any, were committed, specifying the persons liable therefor? Explain your answer. (4%)

IV

Maita was the object of Solito’s avid sexual desires. Solito had attempted many times to entice Maita to a date in bed with him but Maita had consistently refused. Fed up with all her rejections, Solito abducted Maita around 7 p.m. one night. With his cohorts, Solito forced Maita into a Toyota lnnova and drove off with her to a green-painted house situated in a desolate part of the town. There, Solito succeeded in having carnal knowledge of Maita against her will.

Meanwhile, the police authorities were tipped off that at 11:30 p.m. on that same night Solito would be selling marijuana outside the green-painted house. Acting on the tip, the PNP station of the town formed a buy-bust team with PO2 Masahol being designated the poseur buyer. During the buy-bust operation, Solito opened the trunk of the Toyota lnnova to retrieve the bag of marijuana to be sold to PO2 Masahol. To cut the laces that he had tied the bag with, Solito took out a Swiss knife, but his doing so prompted PO2 Masahol to effect his immediate arrest out of fear that he would attack him with the knife. PO2 Masahol then confiscated the bag of marijuana as well as the Toyota lnnova.

(a) Two informations were filed against Solito in the RTC – one for forcible abduction with rape, raffled to Branch 8 of the RTC; the other for illegal sale of drugs, assigned to Branch 29 of the RTC. Was Solito charged with the proper offenses based on the circumstances? Explain your answer. (5%)

(b) While the Prosecution was presenting its evidence in Branch 29, Branch 8 convicted Solito. Immediately after the judgment of conviction was promulgated, Solito filed in both Branches a motion for the release of the Toyota lnnova. He argued and proved that he had only borrowed the vehicle from his brother, the registered owner. Branch 8 granted the motion but Branch 29 denied it. Were the two courts correct in their rulings? Explain your answer. (5%)

V

To aid in the rebuilding and revival of Tacloban City and the surrounding areas that had been devastated by the strongest typhoon. to hit the country in decades, the Government and other sectors, including NGOs, banded together in the effort. Among the NGOs was Ba..,gon Waray, Inc. (BaWI), headed by Mr. Jose Ma. Gulang, its President and CEO. BaWI operated mainly as a social amelioration and charitable institution. For its activities in the typhoon-stricken parts of Leyte Province, BaWI received funds from all sources, local and foreign, including substantial amounts from legislators, local government officials and the EU. After several months, complaints were heard about the very slow distribution of relief goods and needed social services by BaWI.

The COA reported the results of its audit to the effect that at least P10 Million worth of funds coming from public sources channeled to BaWI were not yet properly accounted for. The COA demanded reimbursement but BaWI did not respond.

Hence, Mr. Gulang was criminally charged in the Office of the Ombudsman with malversation of public funds and failure of accountable officer to render accounts as respectively defined and punished by Art. 217 and Art. 218 of the Revised Penal Code. He was also· charged with violation of Sec. 3(e) of R.A. No. 3019 for causing undue injury to the Government.

In his defense, Mr. Gulang mainly contended that he could not be held 1iable under the various· charges because he was not a public officer.

(a) Who is a public officer? (2%)

(b) Discuss whether the crimes charged against Mr. Gulang are proper. Explain your answer. (3%)

VI

Answer with brief explanations the following queries:

(a) If the slightest penetration of the female genitalia consummates rape by carnal knowledge, how does the accused commit attempted rape by carnal knowledge? (2%)

(b) What crime is committed by a capataz who enrolls two fictitious names in the payroll and collects their supposed daily wages every payday? (2%)

(c) What is now the age of doli incapax in the Philippines? (2%)

(d) Why is there no crime of frustrated serious physical injuries? (2%)

VII

Bernardo was enraged by his conviction for robbery by Judge Samsonite despite insufficient evidence. Pending his appeal, Bernardo escaped in order to get even with Judge Samsonite. Bernardo learned that the judge regularly slept in his mistress’ house every weekend. Thus, he waited for the judge to arrive on Saturday evening at the house of his mistress. It was about 8:00 p.m. when Bernardo entered the house of the mistress. He found the judge and his mistress having coffee in the kitchen and engaging in small talk. Without warning, Bernardo stabbed the judge at least 20 times. The judge instantly died.

Prosecuted and tried, Bernardo was convicted of direct assault with murder. Rule with reasons whether or not the conviction for direct assault with murder was justified, and whether or not the trial court should appreciate the following aggravating circumstances against Bernardo, to wit: (1) disregard of rank and age of the victim, who was 68 years old; (2) dwelling; (3) nighttime; (4) cruelty; and (5) quasi-recidivism. (10%)

VIII

Porthos made a sudden turn on a dark street, and his Rolls-Royce SUV bumped the rear of a parked Cadillac Sedan inside which Aramis was then taking a nap. Angered by the violent Impact, Aramis alighted and confronted Porthos who had also alighted. Aramis angrily and repeatedly shouted at Porthos: Putang Ina mo! Porthos, displaying fearlessness, aggressively shouted back at Aramis: Wag kang magtapang-tapangan dyan, papatayin kita! Without saying anything more, Aramis drew his gun from his waist and shot Porthos in the leg. Porthos’ wound was not life threatening.

(a) What are the kinds of unlawful aggression, and which kind was displayed in this case? Explain your answer. (3%)

(b) Standing trial for frustrated murder, Aramis pleaded self-defense. The Prosecution’s contention was that the plea of self-defense applied only to consummated killings. Rule, with explanations, on the tenability of Aramis’ claim of self-defense, and on the Prosecution’s contention. (3%)

(c) Porthos insisted that the element of treachery was present. To rule out treachery, Aramis asserted that both he and Porthos were then facing and confronting each other when he fired the shot. Rule, with reasons, on the respective contentions. (3%)

IX

During the nationwide transport strike to protest the phase out of old public utility vehicles, striking jeepney drivers Percy, Pablo, Pater and Sencio, each armed with guns, hailed several MMDA buses then providing free transport to the stranded public to stop them from plying their routes. They later on commandeered one of the buses without allowing any of the passengers to alight, and told the driver to bring the bus to Tanay, Rizal.

Upon reaching a remote area in Tanay, Percy, Pablo, Pater and Sencio forcibly divested the passengers of their cash and valuables. They ordered the passengers to leave thereafter. Then, they burned the bus. When a tanod of the barangay of the area came around to Intervene, Pater fired at him, instantly killing him.

After Percy, Pablo, Pater and Sencio were arrested, the police authorities recommended them to be charged with the following crimes, to wit: (1) carnapping; (2) robbery, (3) direct assault with homicide; (4) kidnapping; and (5) arson.

State your legal opinion on the recommendation of the police authorities on the criminal liabilities incurred by Percy, Pablo, Pater and Sencio. (10%)

X.

Sammy Peke was convicted of a violation of R.A. No. 123456 for selling fake books. The law prescribes the penalty of prision correccional, a divisible penalty whose minimum period is six months and one day to two years and four months; medium period is two years, four months and one day to four years and two months; and maximum period is four years, two months and one day to six years.

At arraignment, Sammy Peke pleads guilty to the crime charged.

(a) Explain how the Indeterminate Sentence Law is applied in crimes punished by special laws. (3%)

(b) Supposing the trial judge imposes a straight penalty of imprisonment for one year, is the penalty correct in the context of the Indeterminate Sentence Law? Explain your answer. (3%)

XI.

In his homily, Fr. Chris loudly denounced the many extrajudicial killings committed by the men in uniform. Policeman Stone, then attending the mass, was peeved by the denunciations of Fr. Chris. He immediately approached the priest during the homily, openly displayed his firearm tucked in his waist, and menacingly uttered at the priest: Father, may kalalagyan kayo kung hindi kayo tumigil. His brazenness terrified the priest, who cut short his homily then and there. The celebration of the mass was disrupted, and the congregation left the church in disgust over the actuations of Policeman Stone, a co-parishioner.

Policeman Stone was subsequently charged.

The Office of the Provincial Prosecutor is now about to resolve the case, and is mulling on what to charge Policeman Stone with.

May Policeman Stone be properly charged with either or both of the following crimes, or, if not, with what proper crime?

(a) Interruption of religious worship as defined and punished under Art. 132 of the Revised Penal Code; and/or

(b) Offending the religious feelings as defined and punished under Art. 133 of the Revised Penal Code.

Explain fully your answers. (8%)

 

2016 BAR EXAMINATIONS
CRIMINAL LAW
November 20, 2016 2:00 P.M. – 6:00 P.M.
INSTRUCTIONS

1. This Questionnaire contains eight (8) pages. Check the number of pages and make sure it has the correct number of pages and their proper numbers.

All the items have to be answered within/our (4) hours. Since there are twenty (20) questions, you have 12 minutes to answer each question, and 6 minutes to answer each sub-question. You may write on the Questionnaire for notes relating to the questions.

Read each question very carefully and write your answers in your Bar Examination Notebook in the same order the questions are posed. Write your answers only on the front of every sheet in your Notebook. If not sufficient, then start with the back page of the first sheet and thereafter. Note well the allocated percentage points for each number, question, or sub-question. In your answers, use the numbering system in the questionnaire.

2. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page. An answer to a sub-question under the same number may be written continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws and jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with the pertinent laws, rules, jurisprudence, and the facts.

A mere “Yes” or “No” answer without any corresponding explanation or discussion will not be given full credit. Thus, always briefly but fully explain your answers although the question does not expressly ask for an explanation. Do not re-write or repeat the question in your Notebook.

3. Make sure you do not write your name or any extraneous note/s or distinctive markingls on your Notebook that can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner). Writing, leaving, or making any distinguishing or identifying mark in the exam Notebook is considered cheating and can disqualify you.

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE PRESBITERO J. VELASCO, JR.
Chairman
2016 Bar Examinations

I

Explain the application of the Indeterminate Sentence Law (ISL). (5%)

II

[a] Define malfeasance, misfeasance and nonfeasance. (2.5%)

[b] Differentiate wheel conspiracy and chain conspiracy. (2.5%)

III

Pedro is married to Tessie. Juan is the first cousin of Tessie. While in the market, Pedro saw a man stabbing Juan. Seeing the attack on Juan, Pedro picked up a spade nearby and hit the attacker on his head which caused the latter’s death.

Can Pedro be absolved of the killing on the ground that it is in defense of a relative? Explain. (5%)

IV

Jojo and Felipa are husband and wife. Believing that his work as a lawyer is sufficient to provide for the needs of their family, Jojo convinced Felipa to be a stayat- home mom and care for their children. One day, Jojo arrived home earlier than usual and caught Felipa in the act of having sexual intercourse with their female nanny, Alma, in their matrimonial bed. In a fit of rage, Jojo retrieved his revolver from inside the bedroom cabinet and shot Alma, immediately killing her.

[a] Is Art. 247 (death or physical injuries inflicted under exceptional circumstances) of the Revised Penal Code (RPC) applicable in this case given that the paramour was of the same gender as the erring spouse? (2.5%)

[b] Is Felipa liable for adultery for having sexual relations with Alma? (2.5%)

V

Governor A was given the amount of PIO million by the Department of Agriculture for the purpose of buying seedlings to be distributed to the farmers. Supposedly intending to modernize the farming industry in his province, Governor A bought farm equipment through direct purchase from XY Enterprise, owned by his kumpare B, the alleged exclusive distributor of the said equipment. Upon inquiry, the Ombudsman discovered that B has a pending patent application for the said farm equipment. Moreover, the equipment purchased turned out to be overpriced. What crime or crimes, if any, were committed by Governor A? Explain. (5%)

VI

Ofelia, engaged in the purchase and sale of jewelry, was charged with violation of PD 1612, otherwise known as the Anti-Fencing Law, for having been found in possession of recently stolen jewelry valued at Pl 00,000.00 at her jewelry shop. Her defense is that she merely bought the same from Antonia and produced a receipt covering the sale. She presented other receipts given to her by Antonia representing previous transactions. Convicted of the charge, Ofelia appealed, arguing that her acquisition of the jewelries resulted from a legal transaction and that the prosecution failed to prove that she knew or should have known that the pieces of jewelry which she bought from Antonia were proceeds of the crime of theft.

[a] What is a “fence” under PD 1612? (2.5%)

[b] Is Ofelia liable under the Anti-Fencing Law? Explain. (2.5%)

VII

Val, a Nigerian, set up a perfume business in the Philippines. The investors would buy the raw materials at a low price from Val. The raw materials consisted of powders, which the investors would mix with water and let stand until a gel was formed. Val made a written commitment to the investors that he would buy back the gel at a higher price, thus assuring the investors of a neat profit. When the amounts to be paid by Val to the investors reached millions of pesos, he sold all the equipment of his perfume business, absconded with the money, and is nowhere to be found. What crime or crimes were committed, if any? Explain. (5%)

VIII

Charges d’affaires Volvik of Latvia suffers from a psychotic disorder after he was almost assassinated in his previous assignment. One day, while shopping in a mall, he saw a group of shoppers whom he thought were the assassins who were out to kill him. He asked for the gun of his escort and shot ten (10) people and wounded five (5) others before he was subdued. The wounded persons required more than thirty (30) days of medical treatment. What crime or crimes, if any, did he commit? Explain. (5%)

IX

A is the driver of B’s Mercedes Benz car. When B was on a trip to Paris, A used the car for a joy ride with C whom he is courting. Unfortunately, A met an accident. Upon his return, B came to know about the unauthorized use of the car and sued A for qualified theft. B alleged that A took and used the car with intent to gain as he derived some benefit or satisfaction from its use. On the other hand, A argued that he has no intent of making himself the owner of the car as he in fact returned it to the garage after the joy ride. What crime or crimes, if any, were committed? Explain. (5%)

X

The Royal S.S. Maru, a vessel registered in Panama, was 300 nautical miles from Aparri, Cagayan when its engines malfunctioned. The Captain ordered his men to drop anchor and repair the ship. While the officers and crew were asleep, armed men boarded the vessel and took away several crates containing valuable items and loaded them in their own motorboat. Before the band left, they planted an explosive which they detonated from a safe distance. The explosion damaged the hull of the ship, killed ten (10) crewmen, and injured fifteen (15) others.

What crime or crimes, if any, were committed? Explain. (5%)

XI

Angelino, a Filipino, is a transgender who underwent gender reassignment and had implants in different parts of her body. She changed her name to Angelina and was a finalist in the Miss Gay International. She came back to the Philippines and while she was walking outside her home, she was abducted by Max and Razzy who took her to a house in the province. She was then placed in a room and Razzy forced her to have sex with him at knife’s point. After the act, it dawned upon Razzy that Angelina is actually a male. Incensed, Razzy called Max to help him beat Angelina. The beatings that Angelina received eventually caused her death. What crime or crimes, if any, were committed? Explain. (5%)

XII

Arnold, 25 years of age, was sitting on a bench in Luneta Park watching the statue of Jose Rizal when, without his permission, Leilani, I 7 years of age, sat beside him and asked for financial assistance, allegedly for payment of her tuition fee, in exchange for sex. While they were conversing, police operatives arrested and charged him with violation of Section l 0 of RA 76 I 0 (Special Protection of Children against Child Abuse, Exploitation and Discrimination Act), accusing him of having in his company a minor, who is not related to him, in a public place. It was established that Arnold was not in the performance of a social, moral and legal duty at that time.

Is Arnold liable for the charge? Explain. (5%)

XIII

Domingo is the caretaker of two (2) cows and two (2) horses owned by Hannibal. Hannibal told Domingo to lend the cows to Tristan on the condition that the latter will give a goat to the former when the cows are returned. Instead, Tristan sold the cows and pocketed the money. Due to the neglect of Domingo, one of the horses was stolen. Knowing that he will be blamed for the loss, Domingo slaughtered the other horse, got the meat, and sold it to Pastor. He later reported to Hannibal that the two horses were stolen.

[a] What crime or crimes, if any, did Tristan commit? Explain. (2.5%)

[b] What crime or crimes, if any, were committed by Domingo? Explain. (2.5%)

XIV

Dimas was arrested after a valid buy-bust operation. Macario, the policeman who acted as poseur-buyer, inventoried and photographed ten (10) sachets of shabu in the presence of a barangay tanod. The inventory was signed by Macario and the tanod, but Dimas refused to sign. As Macario was stricken with flu the day after, he was able to surrender the sachets to the PNP Crime Laboratory only after four (4) days. During pre-trial, the counsel de oficio of Dimas stipulated that the substance contained in the sachets examined by the forensic chemist is in fact methamphetamine hydrochloride or shabu. Dimas was convicted of violating Section 5 of RA 9165. On appeal, Dimas questioned the admissibility of the evidence because Macario failed to observe the requisite “chain of custody” of the alleged “shabu” seized from him. On behalf of the State, the Solicitor General claimed that despite non-compliance with some requirements, the prosecution was able to show that the integrity of the substance was preserved. Moreover, even with some deviations from the requirements, the counsel of Dimas stipulated that the substance seized from Dimas was shabu so that the conviction should be affirmed.

[a] What is the “chain of custody” requirement in drug offenses? (2.5%)

[b] Rule on the contention of the State. (2.5%)

XV

Pedro, Pablito, Juan and Julio, all armed with bolos, robbed the house where Antonio, his wife, and three (3) daughters were residing. While the four were ransacking Antonio’s house, Julio noticed that one of Antonio’s daughters was trying to escape. He chased and caught up with her at a thicket somewhat distant from the house, but before bringing her back, raped her.

[a] What crime or crimes, if any, did Pedro, Pablito, Juan and Julio commit? Explain. (2.5%)

[b] Suppose, after the robbery, the four took turns in raping the three daughters inside the house, and, to prevent identification, killed the whole family just before they left. What crime or crimes, if any, did the four malefactors commit? (2.5%)

XVI

A is the president of the corporate publisher of the daily tabloid, Bulgar; B is the managing editor; and C is the author/writer. In his column, Direct Hit, C wrote about X, the head examiner of the BIR-RDO Manila as follows:

“Itong si X ay talagang BUWAYA kaya ang logo ng Lacoste T shirt niya ay napaka suwapang na buwaya. Ang nickname niya ay si Atty. Buwaya. Ang PR niya ay 90% sa bayad ng taxpayer at ang para sa RP ay 10% lang. Kaya ang baba ng collection ng RDO niya. Masyadong magnanakaw si X at dapat tanggalin itong bundat na bundat na buwaya na ito at napakalaki na ng kurakot.”

A, B and C were charged with libel before the RTC of Manila. The three (3) defendants argued that the article is within the ambit of qualified privileged communication; that there is no malice in law and in fact; and, that defamatory comments on the acts of public officials which are related to the discharge of their official duties do not constitute libel.

Was the crime of libel committed? If so, are A, B, and C all liable for the crime? Explain. (5%)

XVII

Braulio invited Lulu, his 11-year old stepdaughter, inside the master bedroom. He pulled out a knife and threatened her with harm unless she submitted to his desires. He was touching her chest and sex organ when his wife caught him in the act. The prosecutor is unsure whether to charge Braulio for acts of lasciviousness under Art. 336 of the RPC; for lascivious conduct under RA 7610 (Special Protection against Child Abuse, Exploitation and Discrimination Act); or for rape under Art. 266-A of the RPC. What is the crime committed? Explain. (5%)

XVIII

Lina worked as a housemaid and yaya of the one-week old son of the spouses John and Joana. When Lina learned that her 70-year old mother was seriously ill, she asked John for a cash advance of P20,000.00, but the latter refused. In anger, Lina gagged the mouth of the child with stockings, placed him in a box, sealed it with masking tape, and placed the box in the attic. Lina then left the house and asked her friend Fely to demand a P20,000.00 ransom for the release of the spouses’ child to be paid within twenty-four hours. The spouses did not pay the ransom. After a couple of days, John discovered the box in the attic with his child already dead. According to the autopsy report, the child died of asphyxiation barely minutes after the box was sealed.

What crime or crimes, if any, did Lina and Fely commit? Explain. (5%)

XIX

Romeo and Julia have been married for twelve (12) years and had two (2) children. The first few years of their marriage went along smoothly. However, on the fifth year onwards, they would often quarrel when Romeo comes home drunk. The quarrels became increasingly violent, marked by quiet periods when Julia would leave the conjugal dwelling. During these times of quiet, Romeo would “court” Julia with flowers and chocolate and convince her to return home, telling her that he could not live without her; or Romeo would ask Julia to forgive him, which she did, believing that if she humbled herself, Romeo would change. After a month of marital bliss, Romeo would return to his drinking habit and the quarrel would start again, verbally at first, until it would escalate to physical violence.

One night, Romeo came home drunk and went straight to bed. Fearing the onset of another violent fight, Julia stabbed Romeo while he was asleep. A week later, their neighbors discovered Romeo’s rotting corpse on the marital bed. Julia and the children were nowhere to be found. Julia was charged with parricide. She asserted “battered woman’s syndrome” as her defense.

[a] Explain the “cycle of violence.” (2.5%)

[b] Is Julia’s “battered woman’s syndrome” defense meritorious? Explain. (2.5%)

XX

A, an OFW, worked in Kuwait for several years as a chief accountant, religiously sending to his wife, B, 80% of all his earnings. After his stint abroad, he was shocked to know that B became the paramour of a married man, C, and that all the monies he sent to B were given by her to C. To avenge his honor, A hired X, Y and Z and told them to kidnap C and his wife, D, so that he can inflict injuries on C to make him suffer, and humiliate him in front of his wife. X, Y and Z were paid P20,000.00 each and were promised a reward of P50,000.00 each once the job is done.

At midnight, A, with the fully armed X, Y and Z, forcibly opened the door and gained entrance to the house of C and D. C put up a struggle before he was subdued by A’s group. They boarded C and D in a van and brought the two to a small hut in a farm outside Metro Manila. Both hands of C and D were tied. With the help of X, Y and Z, A raped D in front of C. X, Y and Z then took turns in raping D, and subjected C to torture until he was black and blue and bleeding profusely from several stab wounds. A and his group set the hut on fire before leaving, killing both C and D. X, Y and Z were paid their reward. Bothered by his conscience, A surrendered the next day to the police, admitting the crimes he committed.

As the RTC judge, decide what crime or crimes were committed by A, X, Y and Z, and what mitigating and aggravating circumstances will be applied in imposing the penalty. Explain. (5%)

-END-

2015 BAR EXAMINATIONS
CRIMINAL LAW
November 22, 2015 2:00 P.M. – 6:00 P.M.
INSTRUCTIONS

1. This Questionnaire contains ten (10) pages including these Instructions pages. Check the number of pages and the page numbers at the upper right hand corner of each page of this Questionnaire and make sure it has the correct number of pages and their proper numbers.

There are 22 items (I to XXII to be answered within/our (4) hours.

2. Read each question very carefully and write your answers in your Bar Examination Notebook in the same order the questions are posed. Write your answers only on the front, not the back, page of every sheet in your Notebook. Note well the allocated percentage points for each number, question, or sub-question. In your answers, use the numbering system in the questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back page of every sheet of your Examination Notebook, starting at the back page of the first sheet and the back of the succeeding sheets thereafter.

3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page. An answer to a sub-question under the same number may be written continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the question, to select the material from the immaterial facts, and to discern the points upon which the question turns. It should show your knowledge and understanding of the pertinent principles and theories of law involved and their qualifications and limitations. It should demonstrate your ability to apply the law to the given facts, to reason logically in a lawyer-like manner, and to form a sound conclusion from the given premises.

A mere “Yes” or “No” answer without any corresponding explanation or discussion will not be given any credit. Thus, always briefly but fully explain your answers although the question does not expressly ask for an explanation. At the same time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the question in your Notebook.

4. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on your Notebook that can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.

YOU CAN BRING HOME THIS QUESTIONNAIRE OR SUBMIT IT TOGETHER WITH YOUR NOTEBOOK

JUSTICE TERESITA J. LEONARDO-DE CASTRO
Chairperson
2015 Bar Examinations

  1. a) How are felonies committed? Explain each. (3%)

b) What is aberratio ictus? (2%)

  1. Distinguish between ex post facto law and bill of attainder. (3%)
  2. The Regional Trial Court {RTC) found Tiburcio guilty of frustrated homicide and sentenced him to an indeterminate penalty of four years and one day of prision correccional as minimum, to eight years of prision mayor as maximum, and ordered him to pay actual damages in the amount of 1125,000.00. Tiburcio appealed to the Court of Appeals which sustained his conviction as well as the penalty imposed by the court a quo. After sixty days, the Court of Appeals issued an Entry of Judgment and remanded the records of the case to the RTC. Three days thereafter, Tiburcio died of heart attack. Atty. Abdul, Tiburcio’s counsel, filed before the RTC a Manifestation with Motion to Dismiss, informing the court that Tiburcio died already, and claiming that his criminal liability had been extinguished by his demise.

a) Should the RTC grant the Motion to Dismiss the case? Explain. (2.5%)

b) Assuming that Tiburcio’ s death occurred before the Court of Appeals rendered its decision, will you give a different answer? Explain. (2.5%)

  1. Procopio, a call center agent assigned at a graveyard shift, went home earlier than usual. He proceeded immediately to their bedroom to change his clothes. To his surprise, he found his wife Bionci in bed making love to another woman Magna. Enraged, Procopio grabbed a knife nearby and stabbed Bionci, who died.

a) What crime did Procopio commit, and what circumstance attended the case? Explain. (3%)

b) Assuming that Procopio and Bionci were common-law spouses, will your answer be the same? Explain. (2%)

  1. Dion and Talia were spouses. Dion always came home drunk since he lost his job a couple of months ago. Talia had gotten used to the verbal abuse from Dion. One night, in addition to the usual verbal abuse, Dion beat up Talia. The next morning, Dion saw the injury that he had inflicted upon Talia and promised her that he would stop drinking and never beat her again. However, Dion did not make good on his promise. Just after one week, he started drinking again. Talia once more endured the usual verbal abuse. Afraid that he might beat her up again, Talia stabbed Dion with a kitchen knife while he was passed out from imbibing too much alcohol. Talia was charged with the crime of parricide.

a) May Talia invoke the defense of Battered Woman Syndrome to free herself from criminal liability? Explain. (2.5%)

b) Will your answer be the same, assuming that Talia killed Dion after being beaten up after a second time? Explain. (2.5%)

  1. Senator Adamos was convicted of plunder. About one year after beginning to serve his sentence, the President of the Philippines granted him absolute pardon. The signed pardon states: “In view hereof, and in pursuance of the authority vested upon me by the Constitution, I hereby grant absolute pardon unto Adamos, who was convicted of plunder in Criminal Case No. XV32 and upon whom the penalty of reclusion perpetua was imposed.” He now comes to you for advice. He wants to know if he could run for senator in the next election.

a) What advice will you give Adamos? Explain. (2.5%)

b) Assuming that what Adamos committed was heading a rebellion for which he was imposed the same penalty of reclusion perpetua, and what he received was amnesty from the government, will your answer be the same? Explain. (2.5%)

  1. Taylor was convicted of a violation of the Election Code, and was sentenced to suffer imprisonment of one year as minimum, to three years as maximum. The decision of the trial court was affirmed on appeal and became final and executory. Taylor failed to appear when summoned for execution of judgment, prompting the judge to issue an order for his arrest. Taylor was able to use the backdoor and left for the United States. Fifteen years later, Taylor returned to the Philippines and filed a Motion to Quash the warrant of arrest against him, on the ground that the penalty imposed against him had already prescribed.

a) If you were the judge, would you grant Taylor’s Motion to Quash? Explain. (2.5%)

b) Assuming that instead of the United States, Taylor was able to go to another country with which the Philippines had no extradition treaty, will your answer be the same? Explain. (2.5%)

  1. A typhoon destroyed the houses of many of the inhabitants of X Municipality. Thereafter, X Municipality operated a shelter assistance program whereby construction materials were provided to the calamity victims, and the beneficiaries provided the labor. The construction was partially done when the beneficiaries stopped helping with the construction for the reason that they needed to earn income to provide food for their families. When informed of the situation, Mayor Maawain approved the withdrawal of ten boxes of food from X Municipality’s feeding program, which were given to the families of the beneficiaries of the shelter assistance program. The appropriations for the funds pertaining to the shelter assistance program and those for the feeding program were separate items on X Municipality’s annual budget.

a) What crime did Mayor Maawain commit? Explain. (2.5%)

b) May Mayor Maawain invoke the defense of good faith and that he had no evil intent when he approved the transfer of the boxes of food from the feeding program to the shelter assistance program? Explain. (2.5%)

  1. The Philippine Drug Enforcement Agency (PDEA) had intelligence reports about the drug pushing activities of Rado, but could not arrest him for lack of concrete evidence. SP03 Relio, a PDEA team leader, approached Emilo and requested him to act as poseur-buyer of shabu and transact with Rado. Emilo refused, saying that he had completely been rehabilitated and did not want to have anything to do with drugs anymore. But he was prevailed upon to help when SP03 Relio explained that only he could help capture Rado because he used to be his customer. SP03 Relio then gave Emilo the marked money to be used in buying shabu from Rado. The operation proceeded. After Emilo handed the marked money to Rado in exchange for the sachets of shabu weighing 50 grams, and upon receiving the pre-arranged signal from Ernilo, SP03 Relio and his team members barged in and arrested Rado and Ernilo, who were both charged with violation of R.A. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.

a) What defense, if any, may Ernilo invoke to free himself from criminal liability? Explain. (2.5%)

b) May Rado adopt as his own Ernilo’s defense? Explain. (2.5%)

  1. Honesto and Wilma were married but had been living separately due to irreconcilable differences. Honesto later met Celia and fell in love with her. Thinking that he could marry Celia if Wilma were to die, Honesto decided to kill Wilma. He secretly followed Wilma for weeks to learn her daily routine. He decided to kill her at night on her way home. On the night he was to kill Wilma, Honesto wore dark clothes so that he would not be easily seen. He waited in the dark alley for Wilma to pass by. He saw someone whom he thought looked like Wilma and shot her with a revolver. The bullet passed through the person’s head and grazed another passerby’s arm. Some bystanders who heard the shot were able to stop Honesto.

It turned out that Wilma did not report for work on that day, and the one who was shot in the head was Melba, who died. The passerby whose arm was grazed by the bullet required medical attendance for two days.

a) What crime(s) did Honesto commit? Explain. (2.5%)

b) Will your answer be the same, assuming that the other passerby was hit in the left eye which caused his/her blindness? Explain. (2.5%)

  1. Nel learned that Elgar, the owner of the biggest house in the place, would be out of town for three days with no one left to watch the house. He called his friends Ben, Ardo and Gorio and they planned to take the valuables in the house while Elgar was away. Nel and Ben would go inside the house, Ardo would serve as the lookout, while Gorio would stay in the getaway car. When Elgar left, they carried out their plan to the letter. Nel and Ben went inside the house through the backdoor which was left unlocked. None of the rooms and drawers inside were locked. They took the money, jewelry and other valuables therefrom and immediately left using the getaway car.

After driving for about one kilometer, Nel realized he left his bag and wallet with IDs in the house and so he instructed Gorio to drive back to the house. Nel just went in thinking that the house was still empty. But to his surprise, Nel found Fermin seated on a bench with Nel’s bag and wallet beside him and appeared to be texting using his smart phone. Nel took a golf club near him and hit Fermin with it. Fermin shouted for help, but Nel kept hitting him until he stopped making noise. The noise alerted the neighbor who called the police. Nel, Ben, Ardo and Gorio were caught. Fermin died. What is the criminal liability of Nel, Ben, Ardo and Gorio? Explain. (5%)

  1. Ando, an Indonesian national who just visited the Philippines, purchased a ticket for a passenger vessel bound for Hong Kong. While on board the vessel, he saw his mortal enemy Iason, also an Indonesian national, seated at the back portion of the cabin and who was busy reading a newspaper. Ando stealthily approached Iason and when he was near him, Ando stabbed and killed Iason. The vessel is registered in Malaysia. The killing happened just a few moments after the vessel left the port of Manila. Operatives from the PNP Maritime Command arrested Ando. Presented for the killing of Iason, Ando contended that he did not incur criminal liability because both he and the victim were Indonesians. He likewise argued that he could not be prosecuted in Manila because the vessel is a Malaysian-registered ship. Discuss the merits of Ando’s contentions. (4%)
  2. Dora gave Elen several pieces of jewelry for sale on commission basis. They agreed that Elen would remit the proceeds of the sale and return the unsold items to Dora within sixty days. The period expired without Elen remitting the proceeds of the sale or returning the pieces of jewelry. Dora demanded by phone that Elen turn over the proceeds of the sale and return the unsold pieces of jewelry. Elen promised to do so the following day. El en still failed to make good on her promise but instead issued post-dated checks. Thereafter, Dora made several more demands, the last of which was in writing, but they were all unheeded. When the checks were deposited in Dora’s bank account, the checks were returned unpaid for insufficient funds. Elen was charged with estafa and violation of Batas Pambansa Big. 22. Will the charges against Elen prosper? Explain. (4%)
  3. Dela convinced Nita to work in Taiwan, promising Nita that she would take care of the processing of the necessary documents. Dela collected P120,000.00 from Nita purportedly for the processing of her papers. Upon receipt of the money, Nita was made to accomplish certain forms and was told that she would be deployed to Taiwan within one month. After one month, Nita followed up on her application. Dela made some excuses and told Nita that the deployment would be delayed. Another month passed and Dela made other excuses which made Nita suspicious. Nita later discovered that Dela was not licensed to recruit. Nita confronted Dela and demanded the return of her money. Dela promised to return the same in a week’s time.

a) A week later, Dela was nowhere to be found. What crime(s) did Dela commit? Explain. (2.5%)

b) Will your answer still be the same, assuming that the promise to deploy for employment abroad was made by Dela to Celia, Digna and Emma, in addition to Nita, and from whom Dela also collected the same amount of processing fee? Explain. (2.5%)

  1. Dancio, a member of a drug syndicate, was a detention prisoner in the provincial jail of X Province. Brusco, another member of the syndicate, regularly visited Dancio. Edri, the guard in charge who had been receiving gifts from Brusco everytime he visited Dancio, became friendly with him and became relaxed in the inspection of his belongings during his jail visits. In one of Brusco’s visits, he was able to smuggle in a pistol which Dancio used to disarm the guards and destroy the padlock of the main gate of the jail, enabling Dancio to escape. What crime(s) did Dancio, Brusco and Edri commit? Explain. (5%)
  2. Erwin and Bea approached Mayor Abral and requested him to solemnize their marriage. Mayor Abral agreed. Erwin and Bea went to Mayor Abral’s office on the day of the ceremony, but Mayor Abral was not there. When Erwin and Bea inquired where Mayor Abral was, his chief of staff Donato informed them that the Mayor was campaigning for the coming elections. Donato told them that the Mayor authorized him to solemnize the marriage and that Mayor Abral would just sign the documents when he arrived. Donato thereafter solemnized the marriage and later turned over the documents to Mayor Abral for his signature. In the marriage contract, it was stated that the marriage was solemnized by Mayor Abral. What crime(s) did Mayor Abral and Donato commit? Explain. (4%)
  3. After a heated argument over his philandering, Higino punched on the head his wife Aika, who was six and a half months pregnant. Because of the impact, Aika lost her balance, fell on the floor with her head hitting a hard object. Aika died and the child was expelled prematurely. After thirty-six hours, the child died.

a) What crime(s) did Higino commit? Explain. (2.5%)

b) Assuming that when the incident occurred, Aika was only six months pregnant, and when she died, the fetus inside her womb also died, will your answer be different? Explain. (2.5%)

  1. Lito, a minor, was bullied by Brutus, his classmate. Having had enough, Lito got the key to the safe where his father kept his licensed pistol and took the weapon. Knowing that Brutus usually hung out at a nearby abandoned building after class, Lito went ahead and hid while waiting for Brutus. When Lito was convinced that Brutus was alone, he shot Brutus, who died on the spot. Lito then hid the gun in one of the empty containers. At the time of the shooting, Lito was fifteen years and one month old. What is Lito’s criminal liability? Explain. (4%)
  2. Bruno, a taxi driver, had an indebtedness in the sum of P10,000.00 which would become due in one week. He was starting to worry because he still had not raised the amount to pay for his debt. Every day, he had prayed for divine intervention. One night, while returning the taxi to the garage, he found a wallet on the back seat. Inspecting it, he learned that it contained exactly Pl 0,000.00 cash, the amount of his obligation, and IDs. Thinking it was divine intervention, and that his prayers were answered, he took the money and used it to pay his debt.

a) What crime, if any, did Bruno commit? Explain. (2.5%)

b) Assuming that instead of using the money, Bruno turned over the wallet and its contents to the nearby police station, and it was the chief of police of that station who appropriated the money for his own benefit, what crime was committed by the chief of police? Explain. (2.5%)

  1. Senio planned to burn Bal’ s house. One evening, during a drinking spree at his house, Senio told his friends what he intended to do and even showed them the gasoline in cans that he would use for the purpose. Carlo, a common friend of Senio and Bal, was present at the drinking spree. He was still sober when Senio told them his plans. Before going home, Carlo warned Bal that Senio would burn his house and had already bought gasoline that would be used for the purpose. Bal reported the matter to the police authorities. Meanwhile, Senio went to Bal’ s house and proceeded to pour gasoline around the walls of the house and it was at that point when he was caught by the police. What crime did Senio commit, if any? Explain. (3%)
  2. Filipino citizens Hector and Wendy were married in New York, and have been living happily in Manila for the last three years. Hector was removing junk from his basement when he came across an unlabeled recordable cd. He put it in his computer’s DVD drive to check its contents. To his surprise, he saw a video of Wendy and another man Ariel, in the act of sexual intercourse in the master’s bedroom of his house. Angered by what he saw, he filed a complaint for adultery against Wendy and Ariel. During the course of the trial, and again to the surprise of Hector, it was proved that Wendy was born male and underwent sex reassignment later in life.

a) May Hector’s charge of adultery against Wendy and Ariel prosper? Explain. (3%)

b) What is an impossible crime? Can there be an impossible crime of adultery? (2%)

  1. Charlie was charged for the qualified rape of AAA. The Information alleged that AAA was 14 years old at the time the crime was committed and that Charlie was AAA’s stepfather. The presentation of AAA’s birth certificate during the trial duly established the following: (1) that AAA was indeed 14 years old at the time of the rape; and (2) that AAA’s mother is BBB and her father was the late CCC. BBB and Charlie only became live-in partners after CCC’s death. The RTC found Charlie guilty of qualified rape. On appeal, the Court of Appeals convicted Charlie of simple rape. Charlie appealed before the Supreme Court. How will you rule and why? (3%)

—ooo0ooo—

2014 BAR EXAMINATIONS
CRIMINAL LAW
October 19, 2014 2:00 P.M.- 6:00 P.M.
INSTRUCTIONS

1. This Questionnaire contains TWELVE (12) pages including these Instructions pages. Check the number of pages and the page numbers at the upper right hand corner of each page of this Questionnaire and make sure it has the correct number of pages and their proper numbers.

There are TWENTY-SIX (26) Essay and Multiple Choice Questions (MCQs) to be answered within four (4) hours.

The essay portion contains questions that are equivalent to not less than 80% of the whole examination, while the MCQ portion contains questions equivalent to not more than 20%.

2. Read each question very carefully and write your answers in your Bar Examination Notebook in the same order the questions are posed. Write your answers only on the front, not the back, page of every sheet in your Notebook. Note well the allocated percentage points for each number, question, or sub-question. In your answers, use the numbering system in the questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back page of every sheet of your Examination Notebook, starting at the back page of the first sheet and the back of the succeeding sheets thereafter.

3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page. An answer to a sub-question under the same number may be written continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the question, to select the material from the immaterial facts, and to discern the points upon which the question turns. It should show your knowledge and understanding of the pertinent principles and theories of law involved and their qualifications and limitations. It should demonstrate your ability to apply the law to the given facts, and to reason logically in a lawyer-like manner to a sound conclusion from the given premises.

A mere “Yes” or “No” answer without any corresponding explanation or discussion will not be given any credit. Thus, always briefly but fully explain your answers although the question does not expressly ask for an explanation. At the same time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the question in your Notebook.

4. MCQs are to be answered by writing in your Notebook the capital letter A, B, C, or D corresponding to your chosen answer. There is only one correct answer to every MCQ; choose the BEST answer from among the offered choices.

5. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on your Notebook that can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.

YOU CAN BRING HOME THIS QUESTIONNAIRE OR HAND IT TOGETHER WITH YOUR NOTEBOOK

J. DIOSDADO M. PERALTA
Chairman
2014 Bar Examinations

I.

Ms. Ahad been married to Mr. B for 10 years. Since their marriage, Mr. B had been jobless and a drunkard, preferring to stay with his “barkadas” until the wee hours of the morning. Ms. A was the breadwinner and attended to the needs of their three (3) growing children. Many times, when Mr. Bwas drunk, he would beat Ms. Aand their three (3) children, and shout invectives against them. In fact, in one of the beating incidents, Ms. A suffered a deep stab wound on her tummy that required a prolonged stay in the hospital. Due to the beatings and verbal abuses committed against her, she consulted a psychologist several times, as she was slowly beginning to lose her mind. One night, when Mr. Barrived dead drunk, he suddenly stabbed Ms. Aseveral times while shouting invectives against her. Defending herself from the attack, Ms. A grappled for the possession of a knife and she succeeded. She then stabbed Mr. B several times which caused his instantaneous death. Medico-Legal Report showed that the husband suffered three (3) stab wounds. Can Ms. Avalidly put up a defense? Explain. (5%)

II.

Macho married Ganda, a transgender. Macho was not then aware that Ganda was a transgender. On their first night, after their marriage, Macho discovered that Ganda was a transgender. Macho confronted Ganda and a heated argument ensued. In the course of the heated argument, a fight took place wherein Ganda got hold of a knife to stab Macho. Macho ran away from the stabbing thrusts and got his gun which he pointed at Ganda just to frighten and stop Ganda from continuing with the attack. Macho had no intention at all to kill Ganda. Unfamiliar with guns, Macho accidentally pulled the trigger and hit Ganda that caused the latter’s death. What was the crime committed? (4%)

III.

City Engr. A, is the city engineer and the Chairman of the Bids and Awards Committee (BAC) of the City of Kawawa. In 2009, the City of Kawawa, through an ordinance,allotted the amount of P100 million for the construction of a road leading to the poblacion. City Engr. A instead, diverted the construction of the road leading to his farm. Investigation further showed that he accepted money in the amount of P10 million each from three (3) contending bidders, who eventually lost in the bidding.

Audit report likewise showed that service vehicles valued at P2 million could not be accounted for although reports showed that these were lent to City Engr. A’s authorized drivers but the same were never returned. Further, there were funds under City Engr. A’s custody amounting to P10 million which were found to be missing and could not be accounted for. In another project, he was instrumentalin awarding a contract for the construction of a city school building costing P10 million to a close relative, although the lowest bid was P8 million. Investigation also revealed that City Engr. A has a net worth of more than P50 million, which was way beyond his legitimate income. (8%)

(A) If you are the Ombudsman, what charge or charges will you file against City Engr. A?

(B) Suppose the discovered net worth of City Engr. Ais less than P50 million, will your answer still be the same?

IV.

Madam X, a bank teller, received from depositor Madam Y a check payable to cash in the amount of P1 million, to be deposited to the account of Madam Y. Because the check was not a crossed check, Madam X credited the amount to the account of her good friend, Madam W, by accomplishing a deposit slip. Seven (7) days after, Madam X contacted her good friend, Madam W and told her that the amount of P1 million was wrongfully credited to Madam W, thus, Madam X urged Madam W to withdraw the amount of P1 million from her accountand to turn over the same to Madam X. As a dutiful friend, Madam W readily acceded. She was gifted by Madam X with an expensive Hermes bag after the withdrawal of the amount. What crime/s, if any, did Madam X and Madam W commit? Explain. (5%)

V.

Congress passed a law reviving the Anti-Subversion Law, making it a criminal offense again for a person to join the Communist Party of the Philippines. Reporma, a former high-ranking member of the Communist Party, was charged under the new law for his membership in the Communist Party when he was a student in the 80’s. He now challenges the charge against him. What objections may he raise? (3%)

VI.

Awas caught peeping through a small hole in the bathroom door while a young 16-year-old lady was taking a bath. Ais liable for: (1%)

(A) Violation of R.A. 9262 or Violence Against Women and their Children

(B) Violation of R.A. 7610 – Child Abuse Law

(C) Light coercion

(D) Acts of lasciviousness

VII.

Filthy, a very rich businessman, convinced Loko, a clerk of court, to issue an order of release for Takas, Filthy’s cousin, who was in jail for a drug charge. After receiving P500,000.00, Loko forged the signature of the judge on the order of release and accompanied Filthyto the detention center. At the jail, Loko gave the guard P10,000.00 to open the gate and let Takas out.

What crime or crimes did Filthy, Loko, and the guard commit? (4%)

VIII.

Pretty was a campus beauty queen who, because of her looks and charms, attracted many suitors. Having decided that she would become a nun, Pretty turned down all her suitors. Guapo, one of her most persistent suitors, could not handle rejection and one night, decided to accost Pretty as she walked home. Together with Pogi, Guapo forced Pretty into his car and drove her to an abandoned warehouse where heand Pogi forced Pretty to dance for them. Later, the two took turns in raping her.After satisfying their lusts, Guapo and Pogi dropped her off at her house. (4%)

(A) What crime or crimes did Guapo and Pogi commit?

(B) Pretty, after the ordeal, decided to take her own life by hanging herself one hour after the rape. Would Guapo and Pogi be liable for Pretty’s death? Explain.

IX.

A, B, and C agreed to rob the house of Mr. Dat 10 o’clock in the evening, with Cas the driver of the tricycle which they would use in going to and leaving the house of Mr. D, and Aand Bas the ones who would enter the house to get the valuables of Mr. D. As planned, C parked the tricycle in a dark place, while A and B entered the house thru an open door. Once inside, A entered the master’s bedroom and started getting all the valuables he could see, while Bentered another room. While inside the room, B saw a male person and immediately Bbrought out his gun but he accidentally pulled its trigger. The bullet went through the window, hitting a neighbor that killed him. Neighbors were then awakened by the gunfire and policemen were alerted. Not long after, policemen arrived. Aand B panicked and got hold of a young boy and shouted to the policemen who were already outside of the house that they would harm the boy if the policemen did not disperse. Aand B demanded that they should be allowed to use a vehicle to bring them to a certain place and that would be the time that they would release the young boy. The policemen acceded. In the meantime, Cwas arrested by the policemen while he was about to flee, while Aand B, after releasing the young boy, were arrested.

What crime/s did A, B, and Ccommit, and what modifying circumstances attended the commission of the crime/s? (6%)

X.

Loko advertised on the internet that he was looking for commercial models for a TV advertisement. Ganda, a 16-year-old beauty, applied for the project. Loko offered her a contract, which Ganda signed. She was asked to report to an address which turned out to be a high-end brothel. Ganda became one of its most featured attraction. What is Loko’s liability, if any? What effect would Ganda’s minority have on Loko’s liability? (4%)

XI.

A, in a public place, fired his gun at B with the intention of killing B, but the gun did not fire because the bullet is a dud. The crime is: (1%)

(A) attempted homicide

(B) grave threat

(C) impossible crime

(D) alarm and scandal

XII.

Sexy boarded a taxi on her way home from a party. Because she was already tipsy, she fell asleep. Pogi, the taxi driver, decided to take advantage of the situation and drove Sexyto a deserted place where he raped her for a period of two (2) weeks. What crime did Pogi commit? (4%)

XIII.

Puti detested Pula, his roommate, because Pula was courting Ganda, whom Puti fancied. One day, Puti decided to teach Pula a lesson and went to a veterinarian (Vet) to ask for poison on the pretext that he was going to kill a sick pet, when actually Puti was intending to poison Pula.

The Vetinstantly gave Puti a non-toxic solution which, when mixed with Pula’s food, did not kill Pula. (4%)

(A) What crime, if any, did Puti commit?

(B) Would your answer be the same if, as a result of the mixture, Pula got an upset stomach and had to be hospitalized for 10 days?

XIV.

Malo, a clerk of court of a trial court, promised the accused in a drug case pending before the court, that he would convince the judge to acquit him for a consideration of P5 million. The accused agreed and delivered the money, through his lawyer, to the clerk of court.

The judge, not knowing of the deal, proceeded to rule on the evidence and convicted the accused. (4%)

(A) Malowas charged with violation of Section 3(b), Republic Act (R.A.) No. 3019, which prohibits a public officer from directly or indirectly requesting or receiving any gift, present, share percentage or benefit wherein the public officer, in his official capacity, has to intervene under the law. He was later charged also with indirect bribery under the Revised Penal Code. Malo claims he can no longer be charged under the Revised Penal Code for the same act under R.A. 3019. Is he correct?

(B) Malowas charged with estafa under Article 315 because he misrepresented that he had influence, when he actually had none. Is the charge correct?

XV.

Which of the following is not a privilege mitigating circumstance? (1%)

(A) 17-year-old offender

(B) 14-year-old offender

(C) incomplete self-defense

(D) incomplete defense of a relative

XVI.

Mr. Benjie is the owner of a hardware store specializing in the sale of plumbing materials. On February 1, 2014, Mr. Ed, a friend and regular customer of Mr. Benjie, visited the hardware store and purchased several plumbing materials in the total amount of P5 million. Mr. Benjiereadily accepted Mr. Ed’s payment of three (3) postdated checks in the amount of P1 million Pesos each in view of the assurance of Mr. Ed that the checks will be honored upon presentment for payment. Mr. Benjie, as a consequence, immediately delivered the materials to the house of Mr. Ed. The following day, Mr. Ed went back to Mr. Benjie to tender another two (2) postdated checks in the amount of P1 million each to complete the payment, with the same assurance that the checks will be honored upon presentment for payment. When the checks were presented for payment, all were dishonored for insufficiency of funds and corresponding notices of dishonor were sent and received by Mr. Ed. One month after receipt of the notices of dishonor, Mr. Ed failed to make good the checks. Thereafter, Mr. Benjie filed before the public prosecutor’s office a complaint against Mr. Ed, although no demand letter was earlier sent to Mr. Ed.

During the preliminary investigation, Mr. Benjie accepted several amounts from Mr. Edas partial payments. The wife of Mr. Benjie protested and insisted that the complaint should continue despite the partial payments. On the other hand, Mr. Ed counters that no demand letter was earlier sent to him, that the obligation is merely civil in character and that novation took place when Mr. Benjie accepted the partial payments. Discuss the criminal liability, if any, of Mr. Ed. (6%)

XVII.

Pierceis a French diplomat stationed in the Philippines. While on EDSA and driving with an expired license, he hit a pedestrian who was crossing illegally. The pedestrian died. Pierce was charged with reckless imprudence resulting in homicide. In his defense, he claimed diplomatic immunity. Is Pierce correct? (3%)

XVIII.

Manolo, an avid art collector, was invited to Tonio’s house. There, Manolo noticed a nice painting that exactly looked like the painting which he reported was stolen from him some years back. Manolo confronted Tonio about the painting, but Tonio denied any knowledge, claiming that he bought the painting legitimately from a friend. Manolo later proved to Toniothat the painting was indeed the stolen painting. (4%)

(A) What crime/s, if any, may Tonio be charged with?

(B) Manolo decided to take matters into his own hands and, one night, broke into Tonio’s house by destroying the wall and taking the painting. What, if any, would be the liability of Manolo?

XIX.

Clepto went alone to a high-end busy shop and decided to take one of the smaller purses without paying for it. Overcame by conscience, she decided to leave her own purse in place of the one she took. Her act was discovered and Cleptowas charged with theft. She claimed that there was no theft, as the store suffered no injuryor prejudice because she had left a purse in place of the one she took. Comment on her defense. (3%)

XX.

Which of the following is not a qualifying aggravating circumstance? (1%)

(A) treachery

(B) evident premeditation

(C) dwelling

(D) cruelty

XXI.

During trial for theft in 2014, the prosecution managed to show that accused AA has also been convicted by final judgment for robbery in 2003, but she eluded capture. A subsequent verification showed that AA had several convictions, to wit:

(1.) In 1998, she was convicted of estafa;

(2.) In 2002, she was convicted of theft;

(3.) In 2004, she was convicted of frustrated homicide;

The judge trying the theft case in 2014 is about to convict AA. What circumstances affecting the liability or penalty may the judge appreciate against AA? (4%)

XXII.

Mr. Red was drinking with his buddies, Mr. White and Mr. Blue when he saw Mr. Green with his former girlfriend, Ms. Yellow. Already drunk, Mr. Red declared in a loud voice that if he could not have Ms. Yellow, no one can. He then proceeded to the men’s room but told Mr. White and Mr. Blue to take care of Mr. Green. Mr. Blue and Mr. White asked Mr. Red what he meant but Mr. Red simply said, “You already know what I want,” and then left. Mr. Blue and Mr. White proceeded to kill Mr. Green and hurt Ms. Yellow. (4%)

(A) What, if any, are the respective liabilities of Mr. Red, Mr. White and Mr. Blue for the death of Mr. Green?

(B) What, if any, are the respective liabilities of Mr. Red, Mr. White and Mr. Blue for the injuries of Ms. Yellow?

XXIII.

Carla, four (4) years old, was kidnapped by Enrique, the tricycle driver engaged by her parents to drive her to and from school every day. Enrique wrote a ransom note demanding that Carla’s parents pay him P500,000.00 ransom in exchange for her liberty. However, before the ransom note could be received by Carla’s parents, Enrique’s hideout was discovered by the police. Carla was rescued while Enrique was arrested. The prosecutor considered that the ransom note was never received by Carla’s parents and filed a case of “Impossible crime to commit kidnapping” against Enrique. Is the prosecutor correct? If he is not correct, can he instead file a case of grave coercion? (4%)

XXIV.

A, a young boy aged sixteen (16) at the time of the commission of the crime, was convicted when he was already seventeen (17) years of age for violation of Section 11 of R.A. 9165 or Illegal Possession of Dangerous Drugs for which the imposable penalty is life imprisonment and a fine. Section 98 of the same law provides that if the penalty imposed is life imprisonment to death on minor offenders, the penalty shall be reclusion perpetuato death. Under R.A. 9344, a minor offender is entitled to a privilege mitigating circumstance. (8%)

(A) May the privilege mitigating circumstance of minority be appreciated considering that the penalty imposed by law is life imprisonment and fine?

(B) Is the Indeterminate Sentence Law applicable considering that life imprisonment has no fixed duration and the Dangerous Drugs Law is malum prohibitum?

(C) If the penalty imposed is more than six (6) years and a notice of appeal was filed by Aand given due course by the court, may A still file an application for probation?

(D) If probation is not allowed by the court, how will Aserve his sentence?

XXV.

Mr. Gray opened a savings account with Bank A with an initial deposit of P50,000.00. A few days later, he deposited a check for P200,000.00 drawn from Bank B and endorsed by Mr. White. Ten days later, Mr. Gray withdrew the P200,000.00 from his account. Mr. White later complained to Bank B when the amount of P200,000.00 was later debited to his account, as he did not issue the check and his signature thereon was forged. Mr. Gray subsequently deposited another check signed by Mr. Whitefor P200,000.00, which amount he later withdrew. Upon receiving the amount, Mr. Gray was arrested by agents of the National Bureau of Investigation (NBI).

Mr. Gray was convicted of estafa and attempted estafa, both through the use of commercial documents. (4%)

(A) Mr. Gray claims as defense that, except for Mr. White’s claim of forgery, there was no evidence showing that he was the author of the forgery and Mr. White did not suffer any injuries as to the second check (attempted estafa). Rule on the defense of Mr. Gray.

(B) Mr. Gray claims that he was entrapped illegally because there was no showing that the second check was a forgery and, therefore, his withdrawal based on the second check was a legal act. Is Mr. Gray correct?

XXVI.

Awas bitten by a dog owned by a neighbor. The following day, angered by the incident, Atook the dog without the knowledge of the owner, had it butchered and cooked the meat. Hethen invited his friends to partake of the dish with his friends who knew fully well that the dog was taken without the knowledge of the owner. What are the friends of Aliable for? (1%)

(A) Theft

(B) Malicious mischief

(C) Accessories

(D) Obstruction of Justice

—oo0ooo—

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s