Professional Documents
Culture Documents
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A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
CRIMINAL LAW
Compiled and Arranged By:
Rollan, Faith Chareen Pet2x D.
Salise, Hector Christopher Jay-Arh Jr. M.
(University of San Jose-Recoletos School of Law)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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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 were inspired by the work of Silliman Universitys
College of Law and its students of producing a very good
material to everyone involved in the legal field particularly the
students and the reviewees for free. Hence, this work is a
freeware.
Everyone is free to distribute and mass produce copies of this
work, however, the authors accept no liability for the content of
this reviewer, or for the consequences of the usage, abuse, or
any actions taken by the user on the basis of the information
given.
The answers (views or opinions) presented in this reviewer are
solely those of the authors in the given references and do not
necessarily represent those of the authors of this work.
The Authors.
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TABLE OF CONTENTS
(Titles are based on Sillimans Compilation [Arranged by Topic])
General Principles
Equal Protection Clause (2013)......................................................................................11
General Principles; Territoriality (2008).......................11
General Principles; Constitutional Provision Limiting
the Power of Congress to Enact Penal Laws (2012)..............12
FELONIES
Conspiracy (2012).............................12
Conspiracy (2008)..........................................................................................................12
Conspiracy vs. Conspiracy to Commit Rebellion
vs. Conspiracy to Commit Murder (2012)............................13
Impossible Crime of Murder (2009).....................13
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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MITIGATING CIRCUMSTANCES
Mitigating; Voluntary Surrender (2009)..........................................................................17
Privilege Mitigating Circumstance (2012)......................................................................17
Privilege Mitigating Circumstance vs. Ordinary Mitigating Circumstance (2012)............17
AGGRAVATING CIRCUMSTANCES
Aggravating Circumstances; Dwelling; Nocturnity; Use of Picklock (2009)......................18
Specific Aggravating Circumstance; Use of Unlicensed Firearm (2009)...........................18
PENALTIES
Delito Continuado (2009)...............................................................................................25
Habitual Delinquency (2012)..........................................................................................26
Habitual Delinquency vs. Recidivism (2012)..................................................................26
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Concubinage (2010).......................................................................................................72
Qualified Seduction; Classes of Offenders (2007)............................................................73
QUASI-OFFENSES
Criminal Negligence; Reckless Imprudence Resulting in Homicide (2008)...................77
MISCELLANEOUS
Chain of Custody (2009)................................................................................................78
Doctrine of Pro Reo (2012)............................................................................................79
Doctrine of Pro Reo (2010)............................................................................................79
Human Rights Violations (2008)....................................................................................79
Intervention vs. Diversion (2009)..................................................................................80
No Criminal Liability (2008)...........................................................................................80
Three-Fold Rule (2013)..................................................................................................81
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GENERAL PRINCIPLES
bill
as
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it
will
result
in
economic
The
bill
runs
protection
afoul
with
clause
of
the
the
equal
1987
Constitution.
existing inequalities.
The
equal
protection
prisoners
(other
than
those
under
retribution
those
program/scheme
who
want
long-term
premium
accommodations.
and
reformation,
should
will
be
eventually
become a law.
to those
charged
by
4-star
the
girlfriend
Eula.
friendship
and
Philippines.
Hubert
They
finally
took
graduate
renewed
decided
their
to
get
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attainder,
meaning
provide
judicial proceedings.
it
punishment
cannot
without
(Art. 2, RPC).
No person shall be held to answer for a
(b) If Eunice gave her consent to the
second marriage, what will your answer be?
Explain. (3%)
FELONIES
SUGGESTED ANSWER:
Conspiracy (2012)
The
answer
will
be
the
same.
The
General
Principles;
Constitutional
Conspiracy (2008)
SUGGESTED ANSWER:
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incurring
criminal
conspiracy
SUGGESTED ANSWER:
and
the
Commander
of
the
killing.
commit
homicide,
not
to
responsibility.
Ricky
enjoys
the
presumption of innocence.
law
provides
conspiracy
to
be
no
penalty
commit
for
homicide.
are
equally
liable
for
vs.
Conspiracy
to
Commit
will
be
considered
as
manner
of
incurring liability.
Murder (2012)
No. IX. b. Distinguish by way of illustration
conspiracy as a felony from conspiracy as a
manner of incurring liability in relation to
the crimes of rebellion and murder. (5%)
SUGGESTED ANSWER:
be
additionally
charged
with
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committed
means
which,
unknown
to
him,
is
under
the
exceptional
Phil.
672
[1947])
that
banishment
the
Revised
Penal
Code
is
the
home
late
one
night
after
rendering
liability.
ALTERNATIVE ANSWER:
Macky
of
murder
but
sentenced
him
Ascendants (2010)
P50,000.
No. XXII. Immediately after murdering Bob,
Did the court correctly order Macky to pay
SUGGESTED ANSWER:
to
hide.
After
two
days,
Jake
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The
following
of murder? Explain. (3 %)
SUGGESTED ANSWER:
day,
Health
Romeo
(NCMH)
was
where
found
he
was
Charged
with
murder,
Romeo
pleaded
insanity as a defense.
(2%)
Jake,
she
is
exempt
from
criminal
the
crime
of
murder;
otherwise
Exempting
Circumstances;
Insanity
(2010)
Exempting
Circumstances;
Insanity;
Effect (2010)
SUGGESTED ANSWER:
to
marry
her
childhood
to
marry
her
childhood
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The
following
day,
Romeo
was
found
Health
(NCMH)
where
he
was
with
murder,
Romeo
Two
days
later,
Jill
chance.
After
several
days,
pleaded
insanity as a defense.
SUGGESTED ANSWER:
against
Romeo
and
his
SUGGESTED ANSWER:
Yes, Section 26 of Rep. Act No. 9262
provides that victim-survivors who are
found by the courts to be suffering from
battered woman syndrome do not incur
any
criminal
and
civil
liability
Circumstances;
Battered
the
elements
for
justifying
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MITIGATING
present),
age
b.
Voluntary
surrender
the
circumstance
of
is
acted
with
discernment)
are
and
CIRCUMSTANCES
No.
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Privilege
Penal Code.
Mitigating
Circumstance
vs.
SUGGESTED ANSWER:
Voluntary
appreciated
surrender
in
cases
of
may
be
criminal
offsetting
against
aggravating
circumstance/s. (5%)
the
imposed
Art.
62
courts
are
authorized
to
mitigating
and
aggravating circumstances.
SUGGESTED ANSWER:
The distinction between ordinary and
privilege mitigating circumstances are:
(a) Under the rules for application of
divisible penalties (Article 64 of the
SUGGESTED ANSWER:
be
degrees
lower.
circumstances.
cannot
be
circumstance.
These
off-set
The
circumstances
by
aggravating
circumstance
of
off-set
by
the
aggravating
Privileged
mitigating
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AGGRAVATING
CIRCUMSTANCES
Aggravating
Circumstances;
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taken
Dwelling;
nighttime
advantaged
was
of
obviously
by
him
in
staying
in
the
occupying
same
different
boarding
rooms.
house,
One
late
is
not
an
aggravating
circumstance
upon things.
circumstances
of
dwelling,
is
aggravating
homicide
because
the
Lorettas
room
which
in
law
is
is
considered
generic
by
an
ordinary
mitigating
circumstance.
SUGGESTED ASNWER:
an abode.
Nocturnity
or
nighttime
is
also
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[2001]).
PERSONS CRIMINALLY
Accomplice (2012)
SUGGESTED ANSWER:
principal,
cooperate
in
the
RPC).
ALTERNATIVE ANSWER:
Ruben
cannot
be
held
liable
as
an
Ponciano
did
not
have
the
relation
mo
kay
Freddie,
isauli
mo
Accomplice (2009)
No. V. b. Ponciano borrowed Rubens gun,
saying that he would use it to kill Freddie.
Because Ruben also resented Freddie, he
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pagkabaril
mo
mo
kay
Freddie,
isauli
a crime.
in
Freddie
killing
is
beyond
person
other
Rubens
then
criminal
will
answer
for
the
crime
against Manuel.
It has been ruled that when the owner of
the gun knew it would be used to kill a
particular person, but the offender used
it to kill another person, the owner of
design
of
the principal,
their
Accomplice
Conspirator
Knowledge
They
know
They know of
of
and
agree
and
Manuel.
criminal
ALTERNATIVE ANSWER:
design
the
the
with
of
the
join
in
the criminal
criminal
design. They
design.
know
the
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Page 20 of 168
principal
They
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come
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criminal
specifically
to know it
intention
prescribes
after
because they
penalty
principals
themselves
therefor.
have
have decided
Prerequisit
reached the
upon
es
decision
course
and
action.
the
such
(1) The
(1) That
commu
two or
nity
of
more
criminal
perso
design;
ns
that is,
came
to
knowing
to
cooperate
the
agree
in
criminal
ment;
only
then
do
they
agree
of
its
execution
design
an
(2) That
Participati
Accomplice
Conspirators
of
on
s are mere
are
principa
agree
instrument
authors
ment
who
the crime.
the
of
the
by
direct
conce
particip
rned
ation,
the
essential to
he
comm
the
concurs
ission
commission
with the
of
of
latter in
crime;
his
and
perform
acts
not
the
crime.
Penalty
the
One degree
Same
lower
principal.
that
than
of
principal.
as
purpose
(3) That
; and
the
(2) The
execu
Note:
perform
tion
Conspiracy
ance of
of the
alone is not
previou
felony
punishable,
was
except
cases
the
in
where
law
or
simulta
decide
neous
acts
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that are
upon.
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conspirator
incurs
criminal
not
indispe
nsable
to
the
commis
sion
the
of
other
participants
the
execution
of
crime.
considered
also
conspirator
the
for
as
in
the
crime
are
acts
of
purposes
a
of
V.
a.
Distinguish
between
an
SUGGESTED ANSWER:
1. An
accomplice
incurs
criminal
a principal.
execution
without
of
the
participating
principal,
by
crime
as
prior
or
a
the
principal.
simultaneous
conspirator
acts;
whereas
participates
in
criminal
2. An
accomplice
incurs
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car
and
motor
numbers
as
Roberto's
was
and
motor
reflect
numbers
on
the Fortuner
were
stolen
because
registration
the
it
certificate
correct
was
not
did
not
of
the
numbers
carnapped vehicle.
(7%)
The
SUGGESTED ANSWER:
Law.
The
elements
of
receives,
given
show
that
Roberto
facts
possesses,
keeps,
good
faith
and
lacking
of
any
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of
the
vehicle,
the
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presumption
of
in
possession
of
the
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stolen
PD 1612).
False,
fencing
to
fencing.
the
prima
is
committed
facie
if
presumption
the
of
established
that a theft or
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RPC.
PENALTIES
had
been
engaged
in
bank
guaranteed
by
post-dated
checks.
SUGGESTED ANSWER:
knowledge
BP 22.
synonymous
suspicion
that
the
not
suspicion.
Mere
crime
been
has
continued
crime,
or delito
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SUGGESTED ANSWER:
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are
committed,
the
number
of
constituted
by
several
overt
acts
their
effects in
convict. (5%)
of
penal
law,
SUGGESTED ANSWER:
thus
Difference
habitual delinquency:
relation.
Hence,
all
said
acts
are
between
recidivism
and
first
crime,
aggravated
second
and
the
crime
are
SUGGESTED ANSWER:
falsification of document.
injuries,
robo,
hurto
estafa
or
In
habitual-delinquency
habitual
delinquency,
the
crime;
Delinquency
vs.
Recidivism
habitual-delinquency
crime
for
(2012)
VIII.
b.
Distinguish
habitual
found
guilty
of
habitual-
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time or oftener.
committed;
habitual
Explain. (5%)
while
in
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recidivism
is
ordinary
aggravating
or
special
aggravating
the
imposition
of
additional
SUGGESTED ANSWER:
The CHR is correct in describing the
crime committed as heinous crimes,
as
defined
in
the
preamble
of
the
not
rule.
define
the
crimes;
crime
it
is
specified
only
therein
an
as
crimes
qualifying
oil
of
earth-moving
Rights
drums,
backhoes
vehicles
and
(CHR)
recommended
to
with
other
the
investigating
the
panel
of
use
team
public
heinous
or
may
generic
be
alleged
aggravating,
as
if
death penalty.
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VI.
Sentence
b.
How
Law
is
the
applied
Indeterminate
in
imposing
sentence? (5%)
of
murder
but
sentenced
him
SUGGESTED ANSWER:
the
P50,000.
accused
to
an
indeterminate
could
be
properly
the
accused
to
of
the
use
of
prohibited
an
ALTERNATIVE ANSWER:
home
rendering
late
one
night
after
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government
center
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for
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minimum
fixing
imprisonment.
Indeterminate Sentence Law; Homicide
the
limit
Imposing
of
a
the
straight
penalty is incorrect.
(2010)
No. I. An agonizing and protracted trial
having come to a close, the judge found A
guilty beyond reasonable doubt of homicide
mayor.
circumstances
The
public
prosecutor
objected to the
and
ONE
(1)
DAY
of reclusion
temporal.
application
of
the
(1)
aggravating
years.
Applying
the
Indeterminate
(1)
Indeterminate
one
and
DAY
of prision
SUGGESTED ANSWER:
Under the Indeterminate Sentence Law,
the minimum of the sentence shall be
anywhere within the range of 6 years
and 1 day to 12 years imprisonment
within the maximum of the sentence
SUGGESTED ANSWER:
of
the
contention
is
correct
by
mprisonment
exceeding
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Indeterminate
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Sentence
Law;
Illegal
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and
treatment.
brought
it
to
veterinarian
for
SUGGESTED ANSWER:
circumstances
appreciated.
Although
in
are
not
People
v.
adopted
the
nomenclature
of
case
because
the
for
illegal
deliver
the
same
to
the
local
into
periods.
Hence,
the
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provocation
successfully
Bruno
aggravating
victim.
The
penalty
for
homicide
is
reclusion temporal.
of
used
his
part.
knife
There
to
stab
circumstances
is,
the
present,
after
considering
the
attendant
mitigating
SUGGESTED ANSWER:
Bruno
should
indeterminate
be
sentenced
sentence
correccional
the
Indeterminate
namely,
Sentence
an
penalty
of
circumstances,
in
its
medium
two
priviledged
mitigating
Penalties;
Disqualification (2007)
Perpetual
Absolute
penalties
that
may
be
simultaneously
There is incomplete self-defense because
Bruno proved that it wa the victim who
served
are
imprisonment/destierro and:
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1. Perpetual
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absolute
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disqualification;
2. Perpetual special disqualification;
3. Temporary
absolute
disqualification;
4. Temporary
special
disqualification;
calling;
intervention or diversion.
accessory penalties.
murder
with
special
aggravating
sentence,
would
he
be
eligible
for
SUGGESTED ANSWER:
Yes, he would be eligible for probation
because the penalty imposable on Joe
will not exceed 6 years imprisonment.
Even if it would be considered that the
crime
committed
was
punishable
by
can
only
be
reclusion
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when
the
should be
circumstance;
prision
is the imposable.
he
penalty
committed
of
the
prision mayor
hence,
crime,
or
Presidential
Decree
No.
968,
as
amended.
Probation Law; Oder Denying Probation
(2010)
Suspension of Sentence; Adults/Minors
No. XX. Matt was found guilty of drug
(2013)
and
was
found
equipment,
guilty
of
instrument,
possession
apparatus
was
already
21
years
old.
The
court
appealed
the
for probation.
his
conviction
during
of
P500,000.Michael
applied
for
SUGGESTED ANSWER:
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SUGGESTED ANSWER:
No,
sentence
Michael
an
may
be
confined
in
the
judge
should
anymore
not
because
suspend
Joe
was
EXTINCTION OF CRIMINAL
LIABILITY
Amnesty (2009)
No. II. Antero Makabayan was convicted of
the
crime
of
Rebellion.
While
serving
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granted
granted
the
benefit
of
the
amnesty
an
President,
proclamation.
absolute
and
pardon
one
year
by
the
thereafter,
SUGGESTED ANSWER:
True,
rape
is
now
crime
against
SUGGESTED ANSWER;
erase
the pardon.
the
effect
of
the
conviction
RPC).
Since the amnesty erased the criminal
complexion of the act committed by the
offender as a crime of
Run (2010)
rebellion and
evasion
thereof
therefore
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period
of
prescription
of
crime
SUGGESTED ANSWER:
Generally, the period of prescription of a
crime commences to run from the date
it was committed; but if the crime was
committed clandestinely, the period of
prescription of the crimes under the
Revised Penal Code commence to run
from the day on which the crime was
discovered by the offended party, the
authorities or their agents (Art. 91, RPC).
(2009)
about it.
court).
Page 36 of 168
Prescription
of
hectorchristopher@yahoo.com
Crimes;
Interrupted
(2010)
faithrollan5@yahoo.com
the police.
defense of prescription.
SUGGESTED ANSWER:
is
not
tenable.
The
crime
ultimately
deemed
lead
to
his
prosecution
legally
discovered
by
the
prescriptive
period
of
the
crime
commenced to run.
When A left the country and returned
Prescription of Crimes; Parricide (2010)
interrupted
and
suspended
because
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Page 37 of 168
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SUGGESTED ANSWER:
Yes,
be
prescriptive
deducted
when
the
Myra
committed
the
crime
of
Chinese
General
to
commit
treason
(2008)
Baldo
and
Bogart
arrived
in
boarded
it
and
divested
the
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Page 38 of 168
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enforced
who
boarded
the
inter-island
vessel
correct? Explain. ( 3% )
RPC.
Extralegal
considered
Yes, they (Max, Baldo and Bogart) boarded
disappearance
killing
murder
constitutes
can
and/or
also
be
homicide
ALTERNATIVE ANSWER:
may
Department
refer
of
the
Justice
case
for
to
the
criminal
Arbitrary
Detention;
Unlawful
Arrest;
disappearance
and
extralegal
the
crime
committed
by
the
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ORDER
Delivering
Prisoners
Jail;
Delivering
Corruption
Prisoners
of
from
Public
Jail;
Officials;
Law).
Vincent,
who
is
serving
sentence
for
correct? (7%)
SUGGESTED ANSWER:
Yes, the charges brought against Frank
is correct. Violation of BP 22 is malum
prohibitum which is committed by mere
issuance of a check. Good faith is not a
defense. As long as the check was issued
on account or for value, the purpose for
judges signature,
and
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Page 40 of 168
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sentence
by
final
judgment,
of his imprisonment.
d. The
Branch
Clerk
of
Court
SUGGESTED ANSWER:
issued
to
enable
the
2. Falsification
Document
of
for
Public
forgoing
judges
on
said
and Vincent;
Public
signature
the
(Art.
212,
(Art.
156,
principal
RPC),
of
as
Chito
coby
RPC); and
Public
Documents, as a principal by
thereon,
3. Falsification
of
to
enable
the
(Art.
157,
RPC);
indispensable participation if he
principal
of
as
Vincent
coby
Page 41 of 168
enable
hectorchristopher@yahoo.com
Vincent
to
evade
the
jail
faithrollan5@yahoo.com
guard
who
embarrassment.
In
of
for
leaving
unguarded
the
the
Dencio
P50,000.00
as
unguarded
and
and
following
punched
day,
him
Mariano
repeatedly,
class
he
was
subordinates
negligence
aware
had
on
of
done
his
part
what
nor
of
that
his
any
would
Mariano,
one
of
her
students,
Page 42 of 168
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Yes,
Rigorberto
Assault
No.
III.
Rigoberto
because
is
guilty
the
of
Direct
employment
of
the
Lorenzo.
Lawyers
hospitalization
71st birthday
party
gate-crashed
faithrollan5@yahoo.com
of
for
Judge
30
days.
Upon
are
considered
persons
in
the
such
actual
performance
performance
shall
of
be
their
deemed
SUGGESTED ANSWER:
No, Rigoberto is not guilty of Direct
Assault
because
Judge
Lorenzo
has
his
position
as
person
in
SUGGESTED ANSWER:
2. Uttering
seditious
words,
SUGGESTED ANSWER:
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Page 43 of 168
constituted
hectorchristopher@yahoo.com
which
cabal
and
authorities,
faithrollan5@yahoo.com
meet
for
unlawful
purposes;
representation
rebellious
conspiracies or riots;
4. Stirring
people
to
go
against
or
evil
practices
(Art.
officer
entrusted
with
law
enforcement.
CRIMES COMMITTED BY
PUBLIC OFFICERS
Bribery (2010)
No. IV. a. Manolo revealed to his friend
No. II. b. May a judge be charged and
(5%)
SUGGESTED ANSWER:
in court.
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Page 44 of 168
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Explain. (4 %)
SUGGESTED ANSWER:
Roger
malversation
Par.
of
of
Art.
19,
RPC
speaks
and
Jessie
are
through
charged
with
falsification
and
SUGGESTED ANSWER:
of the RPC.
The
ALTERNATIVE ANSWER:
charge
of
malversation
through
not
money
up
necessary
that
or
hide
means
were
the
to
obtain
malversed,
malversation
the
the
and
malversation.
The
given
facts
Malversation (2009)
project.
Upon
investigation,
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Page 45 of 168
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Malversation (2008)
malum prohibitum.
No. XIV. a. Eliseo, the deputy sheriff,
conducted
the
execution
sale
of
the
identification
cards
and
is any? Explain ( 3% )
However,
with
the
an
controlled
original
representative
charter.
of
the
Gonzalo,
the
winning
bidder,
misappropriation.
and
same
amount.
accountability
SUGGESTED ANSWER:
pawning
corporation
or
his
government-owned
the
act
of
constitutes
SUGGESTED ANSWER:
Eliseo
committed
Malversation
for
for
which
he,
as
Sheriff,
is
his
officemate
is
tantamount
to
funds,
considering
that
the
Page 46 of 168
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SUGGESTED ANSWER:
The answer would be the same since
even if ABC is a private corporation,
Eliseo is still accountable for it, and the
counterfeited
signatures
to
make
it
SUGGESTED ANSWER:
SUGGESTED ANSWER:
In Peo. v. Villanueva, the Supreme Court
held that the mail carrier is guilty of
malversation and falsification.
In US v, Gorospe, 31 Phil, the Supreme
Court ruled the crime is infidelity in the
custody of documents.
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Page 47 of 168
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Theft (2009)
304, RPC.
in
occupying
the
same
different
boarding
rooms.
house,
One
late
Criminal
Liabilities;
Homicide
or
Rape;
Murder;
Frustrated
Theft;
Use
of
Picklock (2009)
No. XVII. c. Wenceslao and Loretta were
staying
in
occupying
the
same
different
boarding
rooms.
house,
One
late
SUGGESTED ANSWER:
committed
the
following
despite
of
having
carnal
knowledge
of
the
serious
stab
wounds
she
SUGGESTED ANSWER:
No, the answer will be different. In that
case, the crime committed would be four
separate crimes of (1) rape (2) frustrated
homicide or murder (3) theft and (4)
unlawful possession and use of picklocks
under
Art.
304,
RPC.
The
special
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Page 48 of 168
not
consummated,
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they
are
to
be
faithrollan5@yahoo.com
affray
since
the
The killer of
crime by itself.
member
of
participants
A, a
the
in
member of
rival
the
SFC
fraternity.
While
eating
in
seaside
No.
Francis
VIII.
Francis
survived.
Is
and
Joan
Francis
were
criminally
SUGGESTED ANSWER:
No, the charge of death caused in a
SUGGESTED ANSWER:
Yes.
253, RPC).
common
purpose
of
assaulting
Francis
is
criminally
liable
for
and
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Page 49 of 168
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proven,
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the
frustrated
crime
or
committed
attempted
is
homicide. If
distinguished
from
felony
committed
SUGGESTED ANSWER:
felony
has
three
stages,
whatever
committed,
stages
intent
to
homicide
kill
must
is
be
committed
is
consummated
for
purpose
mitigating
of
appreciating
circumstance
of
the
praeter
must
be
established
beyond
the
crime
committed
is
attempted
spontaneous
desistance.
If
the
Hence,
the
crime
is
crime
committed
homicide. If
crime
In
frustrated
committed
homicide.
is
this
is
consummated
situation,
all
the
Page 50 of 168
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SUGGESTED ANSWER:
circumstance of accident.
can
only
arise
from
consummated act.
Less Serious Physical Injuries (2009)
No. IV. b. Charlie hated his classmate,
Brad, because the latter was assiduously
Negligence (2007)
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Page 51 of 168
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ALTERNATIVE ANSWER:
crime
resulting
is
in
reckless
less
imprudence
serious
physical
circumstances
guard
and
was
on
duty
when
he
and
therefore,
Rafael
off
the
unruly
crowd
which
(2009)
committed
appeal,
Tommy
questioned
the
of
custody"
of
the
evidence
The
is
Simple
Physical
physical
Injuries,
since
the
medical attention.
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Page 52 of 168
seized
dangerous
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drugs,
controlled
faithrollan5@yahoo.com
time
to
eventual
of
drugs,
and
laboratory
dangerous
its
the
drugs
from
safekeeping
criminal
destruction
equipment
the
and
violation,
(Dangerous
and
Drugs
for
Board
death.
The faithhealer and tree others who were
the
body
Its
rationale
of
the
improbable
is
to
crime
that
preserve
by
the
rendering
original
it
item
would
support
finding
beyond
questionable,
renders
not
the
the
conviction
upon
appeal?
sustained,
because
there
is
no
sustain
evidence
trustworthy
and
him.
Considering
that
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Page 53 of 168
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may
be
Reckless
held
criminally
Imprudence
liable
for
Resulting
in
Homicide.
ALTERNATIVE ANSWER:
exploded.
had
The
faithhealer
should
only
and
be
his
liable
co-accused
for
homicide,
been
committed
aggravating
as
well
circumstances,
as
if
the
any,
done
was
different
form
what
they
intended.
the
monthly
and
his
employees.
Should
would
either
be
principal
by
direct
money".
"protection
as
killed
or
to
defend
themselves,
is
following
are
the
aggravating
circumstances:
1. Sec. 3, R.A. 8294 when a person
his
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Page 54 of 168
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2. Art.
23,
R.A.
7659
organized/syndicated
crime
group.
slavery
SUGGESTED ANSWER:
of
child
labor
(Art.
273,
RPC).
after
Leoncio
private
the
music
parts
had
on
stopped,
Evelyns
buttocks?
Explain. (3%)
in his services.
SUGGESTED ANSWER:
The
crime
would
lasciviousness.
then
That
be
the
acts
music
of
for
pointed
More
so,
Evelyn
already
protested
the
gun
at
the
driver
and
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Page 55 of 168
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to
tell
same,
go,
Virgilio
instructed
him
to
and
thereafter
to
drive
to
allowed to go.
Serious
the
Illegal
demand
for
Dtention
ransom
under
is
not
an
left
after
Mildred
bringing
to
their
his
colleagues
destination,
but
and
he
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news
Mildred's
in
town
about
SUGGESTED ANSWER:
pay
her
rental,
Giovanni
nailed
some
to you."
kidnapping
with
rape.
The
single
criminal
toward
SUGGESTED ANSWER:
design
or
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Page 57 of 168
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reo
precludes
any
finding
for
grave
Explain. (5%)
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
The crime committed by Giovanni is
grave coercion because barricading one
of the sides of the market stall was an
act of violence deliberately done. It is
not only an act of unjust vexation or
light coercion but of grave coercion.
criminal
consistent
with
responsibility,
the
presumption
of
party.
The
attitude
to
VII.
widower
of
ten
years,
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SUGGESTED ANSWER:
Leoncio committed the crime of unjust
vexation only because the act was done
offenders. (5%)
dipping
his
private
part
of
CRIMES AGAINST
PROPERTY
SUGGESTED ANSWER:
The
following
distinction
between
the
robbers.
The
formation
heart
of
of
bands
the
of
offense
purpose
attainable
by
violent
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ransom;
would
not
follow
that
it
3. Any
was
other
purpose
to
achieved
by means
of
be
force
or
ALTERNATIVE ANSWER:
violence.
Brigandage
Elements
Robbery in
Agreeme
The
Band
nt
among
more
agreement
More than
than
three
is only to
at least 4
three
armed men is to
commit
persons;
armed
commit robbery
particular
malefactor
in the highway.
robbery.
1. There are
2. They
form
band
of
robbers;
The
s take part
in
the
commissio
3. The
purpose
of
robbery.
BP 22 (2013)
No. X. Frank borrowed P1,000,000 from his
is any of
the
following:
(see
below)
Purpose
agreement
1. Commit
Commit
robbery
robbery,
but
in
highway;
2. Kidnap
to extort
or
get
not
necessaril
in
highway.
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correct? (7%)
SUGGESTED ANSWER:
Yes, the charges brought against Frank
is correct. Violation of BP 22 is malum
prohibitum which is committed by mere
issuance of a check. Good faith is not a
defense. As long as the check was issued
agreeing
discounted
that
at
the
exchange
P85,000.00
with
be
the
because
the
account
had
SUGGESTED ANSWER:
charged.
that
the
account
thereof
is
already closed.
BP 22 (2010)
No. VIII. A asked financial support from her
showbiz friend B who accommodated her by
issuing in her favor a postdated check in
the sum of P90,000.00. Both of them knew
that the check would not be honored
because Bs account had just been closed.
simultaneous
action
for
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Page 61 of 168
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pre-existing debt.
such
talaan
or
ledger
was
of
intent
to
cause
damage
is
not
about
criminal
liability
for
falsification
of
the
commercial
SUGGESTED ANSWER:
to
show
document,
falsehood
they
only
was
crime
private
that
Fe
to,
to
conceal
misappropriation
confidence or
pocketed.
unfaithfulness. Criminal
to
cause
damage.
Since
the
the
misappropriation
of
the
of
or
hide
the
the
amount
she
ALTERNATIVE ANSWER:
The crimes committed by Fe are theft
and falsification of private document
because Fes possession of the proceeds
of the rice mill was only physical, not
juridical
possession,
and
having
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Page 62 of 168
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of
violation
of
BP
22,
fraudulent
amounts.
machinations
Moreover,
his
since
each
contrived
drawing
at
of
guaranteed
by
post-dated
checks.
continued
crime,
or delito
BP 22.
Power (2008)
(4%)
SUGGESTED ANSWER:
No, his contention is not tenable. He
committed as many count of estafa
against the 500 victims and 2000 count
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Page 63 of 168
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estafa
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through
falsification
of
public
document.
SUGGESTED ANSWER:
false
allegation
that
he
was
SUGGESTED ANSWER:
The criminal charge of estafa through
falsification is correct. William forged
the signature of his mother-in-law in the
Special Power of Attorney, which is a
public document, as a necessary means
to sell her properties to third parties
without delivering the proceeds thereof.
Although
the
relationship
of
affinity
created between William and his motherin-law survived the death of either party
the
died.
the
because
through
SPA
In
and
1996,
William
without
the
caused
consent
and
Revised
Penal
when
estafa
falsification
serious
public
beyond
the
liabilities
sale.
themselves.
of
Code
cannot
is
committed
of
dimension
respective
family
be
public
and
goes
rights
and
member
Effectively,
among
when
the
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Page 64 of 168
he
is
removed
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form
the
protective
person
faithrollan5@yahoo.com
on
any
Philippine
highway.
are:
of any person;
d. Committed
on
Philippine
highway;
e. Indiscriminate victim
To
intimidation
against
three
(3)
postal
obtain
conviction
for
highway
purpose
resulting
and
contents.
in
the
unlawful
taking
of
committing
robbery
against
or
intimidation
of
means,
committed
by
any
(2008)
No. IX. b. Dennis leased his apartment to
Myla for P10,000 a month. Myla failed to
pay the rent for 3 months. Gabriel, the son
of Dennis, prepared a demand letter falsely
alleging that his father had authorized him
to collect the unpaid rentals. Myla paid the
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property
taking
of
belonging
personal
to
another
SUGGESTED ANSWER:
taxi-driver);
4. There
were
more
than
three
Volume
II,
page
853,16th
Edition
[2006]).
cabinets
which
was
unlocked.
stay-in
Lucas
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be
appreciated
only
as
generic
SUGGESTED ANSWER:
would
only
be
taken
as
generic
Rep.
Act
Bolinguet,
No.
G.R.
8294
(People
Nos.
v.
137949-52,
ALTERNATIVE ANSWER:
Lucas and Pedro may also be charged
with
abused
qualified
the
theft
trust
and
because
Lucas
confidence
of
is
constituted
because
the
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SUGGESTED ANSWER:
and
bank,
ensued
Domingo
policemen
between
were
arrived.
the
robbing
A
bank
firefight
robbers
and
the
during
the
killing
and
could
have
SUGGESTED ANSWER:
The crime of which Brulio, Ciriaco and
Domingo can be charge is Robbery with
Homicide (Art. 249[1], RPC) because the
killing resulted by reason or on occasion
whether
deliberate
of
it is
time-delay
and
heated
Explain. (2%)
killed
Alfredo
following
mechanism.
They
contented
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and
Jonathan
commit?
Explain
your
answer. (10%)
was
caused
by
any
of
the
robber
and
policemen
customers
between
was
affected
with
Domingo
were
arrived.
the
robbing
A
bank
firefight
robbers
bank,
ensued
and
the
796 [1934]).
robbery
ALTERNATIVE ANSWER:
the
SUGGESTED ANSWER:
death
of
the
robbery
being
committed.
The
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only
Multiple
Attempted
Homicide
was
be
faithrollan5@yahoo.com
attempted
or
consummated
ALTERNATIVE ANSWER:
Parsing through the statutory definition
of theft under Article 308, it is clear that
theft is already produced upon the
taking of personal property of another
without the latters consent.
Each
Theft (2012)
felony
under
the
RPC
has
act
commission
between
in
the
frustrated
stage?
constituting
the
the
act
crime
which
included
begins
the
produces
the
consummated
crime
stage
of
theft
in
its
and
by
way
of
prior
acts,
should
result
in
the
SUGGESTED ANSWER:
ones
personal
property,
is
the
passes
the
subjective
phase
of
the
for
in
such
instances,
of
ones
personal
property,
is
the
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
hectorchristopher@yahoo.com
offense could
only
faithrollan5@yahoo.com
Theft (2010)
brought
it
to
veterinarian
for
Eman is guilty of theft (Art. 308, RPC)
treatment.
Did Eva Marie incur criminal liability in
bringing the puppy home as a pet? Explain.
(2%)
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
taking
and
has
pecuniary
value.
Theft (2008)
or
imporper
it
may
be,
will
never
containing
identification
cards
and
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Joan
in
faithrollan5@yahoo.com
condominium
in
Concubinage (2010)
Explain. (3%)
SUGGESTED ANSWER:
Joan may be charged for qualified theft
because she took away personal property
belonging to Paul without the latters
because
said
crime
may
be
The
reference
to
theft
under
woman
not
his
wife
under
scandalous circumstances; or
the
334, RPC).
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Page 72 of 168
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(2007)
Examples:
person
in
public
SUGGESTED ANSWER:
reposed
1. Those
who
exercise
Those
moral
brother
or
ascendant
them.
Examples:
on
who
abuse
their
relationship.
ascendant
descendant.
Art.
who
337,
seduced
Revised
his
Penal
Code).
by
who
domestic
are
in
regarded
relation
to
as
the
same
household
as
the
victim.
ALTERNATIVE ANSWER:
marriage
has
not
been
legally
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the
faithrollan5@yahoo.com
as
previous
marriage
was
not
ALTERNATIVE ANSWER:
Manuel, supra).
ALTERNATIVE ANSWER:
the
felony.
This
last
undoubtedly
in
the
codes,
and,
2005).
principle
incorporated
antedating
all
have
been
married.
Since
bigamy
been
legally
married,
he
cannot
be
2004).
or
acquittal?
Explain
your
answer. (2%)
SUGGESTED ANSWER:
I will render a judgment of conviction.
Proof that the first marriage is null and
void is not a defense in bigamy. As long
second
marriage
the
subsequent
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
hectorchristopher@yahoo.com
acquittal?
Explain
your
answer. (3%)
faithrollan5@yahoo.com
SUGGESTED ANSWER:
I will render a judgment of conviction. A
during
valid
the
incapacity
the
marriage
subsistence
is
of
automatically
insofar
as
the
a
void,
vinculum
to
note
that
the
said
these
legal
consequences
is
in the evening.
What crime or crimes, if any, did Raissa
commit? Explain briefly. (7%)
SUGGESTED ANSWER:
Raissa
nugatory,
to
making
contracting
while
and
allow
multiple
individuals
marriage,
committed
untruthful
bigamy
statements
for
under
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Page 75 of 168
adultery
(Art.
333,
hectorchristopher@yahoo.com
RPC)
for
having
faithrollan5@yahoo.com
Libel;
Defamatory
Utterances
against
to
their
works
may
related
Hon.
Court
of
Appeals,
GR
No.
famous singer.
separation
from
his
wife.
The
article
life
has
become
legitimate
ALTERNATIVE ANSWER:
Gigi is correct. Pablo, a famous singer,
attained the status of a public figure o
that even his personal life that has
something to do with hi character and
integrity
became
legitimate
public
latitude
defamatory
figures
is
utterances
given
against
to
public
in
article,
involving
them,
such
utterances
fo
automatically
within
the
not
ambit
of
defamatory
fall
constitutionally
thus,
constituted
qualified
convicted
absent
proof
of
actual
malice.
Page 76 of 168
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absolute defense.
SUGGESTED ANSWER:
place
in
contempt
or
ridicule
of
the
law
on
Unfair
QUASI-OFFENSES
Libel; Unfair Competition (2010)
Criminal
Negligence;
Imprudence
Resulting
(2008)
Reckless
in
Homicide
exclusive
boutique.
Bettina
posted
SUGGESTED ANSWER:
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Page 77 of 168
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SUGGESTED ANSWER:
seized
faithrollan5@yahoo.com
dangerous
drugs,
controlled
charge
pharmacist
criminal
was
should
improper.
be
negligence,
charged
with
drugs,
and
laboratory
dangerous
drugs
equipment
from
the
of
time
reckless
homicide,
to
of
destruction
imprudence
or
The
resulting
in
its
the
safekeeping
criminal
and
violation,
(Dangerous
eventual
and
Drugs
for
Board
MISCELLANEOUS
Its
Chain of Custody (2009)
rationale
is
to
preserve
the
of
the
crime
by
rendering
it
improbable
On
the
as
"chain
appeal,
of
Tommy
custody"
questioned
of
the
evidence
would
that
support
the
original
finding
item
beyond
requirement
questionable,
requirement? (3%)
SUGGESTED ANSWER:
renders
not
the
evidence
trustworthy
and
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the
(5%)
fundamental
serious
crime
and
to
be
SUGGESTED ANSWER:
The
most
in
acts
and
several
criminal
the
penalties
if
prosecuted
SUGGESTED ANSWER:
Explain. ( 3% )
SUGGESTED ANSWER:
Yes,
lenient
offender,
constitute
international
doubt.
or
liberal
to
the
strictly
speaking
violation
law,
human
of
rights
customary
they
may
be
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like
or
kidnapping/illegal
R.A.
7877
detention
the
Anti-sexual
Harassment Act.
an
alternative,
of
his/her
social,
cultural,
the
crime
and
has
acted
with
discernment.
to
entitled
refers
intervention
or
diversion?
Explain. (3%)
12
years
old
at
the
time
he
SUGGESTED ANSWER:
under RA 9344.
refers
to
series
of
his/her
psychological,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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tricycle driver.
SUGGESTED ANSWER:
intended
(Praeter
ALTERNATIVE ANSWER:
which
reckless
imprudence
resulting
in
Roman
was
charged
with,
and
was
did
not
impose
the
penalty
of
precaution.
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three-fold
rule
is
for
the
prison
authorities to make.
intimidation
against
three
(3)
postal
in
the
unlawful
taking
and
contents.
No. II. b. While Carlos was approaching his
car, he saw it being driven away by Paolo, a
SUGGESTED ANSWER:
No, I would not charge the 10 men with
SUGGESTED ANSWER:
motor
vehicle,
either
stationary
or
for
as
carnapping
under
R.A.
6539,
Page 82 of 168
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(2010)
depredation
and
upon
the
persons
attempted
by
them
indiscriminate
to
at
similar
establish
commission
the
thereof
any
gift,
present,
share
and
any
other
party,
share
or
benefit
therefor
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therefor,
punished
P20,000.00.
under
prohibita,
and
this
law
thus
are
mala
faithrollan5@yahoo.com
the
plaintiff
gave
Charina
punishable
intent or not.
ALTERNATIVE ANSWER:
In
the
case
of
vs
present,
percentage,
or
benefit
in
While
Ombudsman
the
case
was
filed
being
another
tried,
the
information
differentials.
SUGGESTED ANSWER:
No, Charina is not correct. Although the
Anti-Graft & Corrupt Practices RA
v.
Pamaran,
160
SCRA
457
[1988]).
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
hectorchristopher@yahoo.com
each
other,
with
faithrollan5@yahoo.com
discovered
actually
place
was
that
raided
it
by
was
the
police,
and
SUGGESTED ANSWER:
crime.
Yes, for violation of (1) P.D. 1829 for
Sec.
of
Rep.
Act
9155
on
the
abuse
of
his
public
function,
is
an
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Page 85 of 168
Illegal
Possession
of
hectorchristopher@yahoo.com
Drugs;
Mala
faithrollan5@yahoo.com
Prohibita (2009)
(2009)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
No, my answer will not be the same
because violations of Rep. Act 9165 are
aggravating
circumstances
not
appreciated.
Although
v.
law
adopted
the
in
are
People
nomenclature
of
appear
legitimate sources.
instant
case
because
the
for
to
have
originated
from
illegal
into
periods.
Hence,
the
that
certain
deposits
and
activity
of
smuggling
by
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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order.
Pass upon the correctness of the courts
are:
a) Placement/infusion
proceeds;
is
not
correct,
because
source
The
Regional
Trial
Court
is
by
from
creating
their
layers
of
under Rep. Act 9194, amending the AntiMoney Laundering Act (Rep. Act No.
proceeds
9160).
the
SUGGESTED ANSWER:
Trial
or
legitimacy
to
the
criminal proceeds.
Stages (2010)
(2010)
are
the
three
(3)
stages
in
money
laundering? (3%)
SUGGESTED ANSWER:
Jill.
Page 87 of 168
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Jill.
confectioneries.
Two
days
later,
Jill
chance.
After
several
days,
Two
days
later,
Jill
another
pattern
of
women
living
days,
found
several
SUGGESTED ANSWER:
defined
After
scientifically
chance.
in
battering
Act;
Battered
Woman
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Page 88 of 168
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and
fraudulent,
within
Honorable
the
jurisdiction
Court,
accused,
of
this
that
these
resulted
to
the
the
above-named
and
confederating
and
conspiring
other
persons,
and
that
the
from
corporations/associations.
with
the
Securities
Commission
(SEC),
and
with
Exchange
intention
of
the
public
in
general
by
such
transactions,
with
case
business
accused
deceit,
did
then
and
which
of
there
they
foreign
made
exchange
trading
given
involved
who
are
only
three
alleged
to
(3)
have
under
swindling.
the
name
Corporation
and
Philippines,
and
style
DEF
of
ABC
Management
Incorporated,
induced
and
But
because
the
amount
accused
the
amount
of
at
least
and
knowing
representations,
fully
well
that
the
the
Torture (2012)
No. X. b. AA was arrested for committing a
bailable offense and detained in solitary
confinement. He was able to post bail after
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
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MULTIPLE CHOICE
Such
deprivation
caused
him
QUESTIONS
faithrollan5@yahoo.com
(MCQ)
2013
Criminal
Law
Exam
MCQ
(October
20,
2013)
SUGGESTED ANSWER:
Torture refers to an act by which sever
(0.5%)
from
him/her
or
third
person
(A)
the
acquittal
is
based
on
reasonable doubt
(B) the liability of the accused is not
criminal but civil in nature
acquitted
SUGGESTED ANSWER:
(D). The accused did not commit the act
imputed to him.
Acquittal in a criminal action bars the
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Page 90 of 168
action
bars
therefrom
the
hectorchristopher@yahoo.com
civil
where
action
the
arising
judgment
of
(i.e.
the
faithrollan5@yahoo.com
father
or
the
mother)
is
91 Phil. 672).
Passion
or
obfuscation
may
be
committed
in
their
establishment
relationship
between
employees
in
committing
crimes
lustful
and
vindictive
hospital
administrators
or
the victim
SUGGESTED ANSWER:
Under
section
of
R.A.
9344,
the
form
is
civil
liability.
If
the
child
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
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privileged
mitigating
circumstances
Code.
Conspiracy
to
commit
felony
is
entitled
to
circumstance
privileged
that
would
mitigating
lower
the
following
combinations
contain
specific
discernment.
conspiracy
to
commit
rebellion,
treason.
(B)
Conspiracy
to
commit
identity.
(C)
One
who
defended
himself
treason,
conspiracy
to
commit
sedition.
(A)
is
Penal
privileged
Code;
mitigating
Letter
(B),
an
sedition,
commit
illegal
to
conspiracy
to
assemblies,
commit
conspiracy
insurrection,
self-defense,
are
conspiracy
to
commit
sedition,
also
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
(B)
Conspiracy
conspiracy
to
conspiracy
to
hectorchristopher@yahoo.com
commit
commit
to
rebellion,
coup
commit
faithrollan5@yahoo.com
d'etat,
treason,
as
principal
by
indispensable
cooperation
conspiracy.
and
on
the
basis
of
Article 141.
(A)
With
the
use
of
force
or
intimidation.
conviction
appeal
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(D)
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Page 93 of 168
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(A)
penalties,
liability
therefor
is
If
the
evidence
is
merely
essential.
is __________. (0.5%)
evidence
of
identification
is
important
to
convincing.
(A) grave coercion
(C)
(B)
violation
of
the
Anti-
Motive
is
antagonistic theories.
(D)
violation
of
the
Human
Terrorism Law
SUGGESTED ANSWER:
(E) All of the above.
(C) Motive is important to ascertain the
SUGGESTED ANSWER:
change
in
the
course
or
Yes,
because
Luis
has
no
must
suffer
the
equivalent
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
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lieu of fine.
(B)
No,
because
subsidiary
interest
from
Ben's
estate,
what
the
penalty
imposed
is
(A)
Falsification
of
public
of
private
document.
(B)
so.
(D)
No,
because
imprisonment
is
the
subsidiary
applicable
Falsification
(C) Estafa.
only
to a fine.
private document.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(C) Estafa.
committed by inducing
another, by
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Page 95 of 168
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(A) Murder.
(B)
faithrollan5@yahoo.com
No,
because
multiple
not simultaneously.
homicide.
(C) No, only penalties other than
(C) Homicide.
imprisonment
SUGGESTED ANSWER:
(C) Homicide (People v. Pugay, G.R. No.
L-74324, November 17, 1988).
was
sentenced
to
suffer
released
from
imprisonment.
Yes,
because he
entertain
themselves
and
their
indeed
SUGGESTED ANSWER:
(B) No, because multiple sentences are
be
served
(E) None.
Santos
be
simultaneously.
XIII.
can
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
hectorchristopher@yahoo.com
scandal
because
faithrollan5@yahoo.com
she
customs.
(C)
Immoral
doctrines,
caused
the
death
of
one
(1)
obscene
light post.
physical
injuries
and
homicide
damage
to
property,
serious
in
homicide,
serious
physical
grave
conduct
cannot
scandal
be
because
deemed
her
highly
SUGGESTED ANSWER:
(D) Reckless imprudence resulting in
homicide, serious physical injuries and
damage to property (Article 365, Revised
Penal Code and Ivler v. Modesto-San
pedro, G.R. No. 172716, November 17,
2010).
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Page 97 of 168
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top-of-the-line
libel? (1%)
Mercedes
Benz
for
P7.5
communications
underground
garage.
The
check
Efren
made
are
malicious
statements
that
are
administratively
before
the
for
Supreme
Court.
SUGGESTED ANSWER:
(C) Yes, although a court pleading is a
privileged
statements
communication,
that
are
malicious
irrelevant
and
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
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may be libelous.
legitimately
related
thereto,
or
so
July
statements
16,
against
1984).
the
Although
counsel
for
to
the
issue
therein.
communication rule.
(E) None of the above.
XVIII. Using his charms because of his
movie star looks, Phil, in a movie date with
SUGGESTED ANSWER:
his fingers
liability,
shall
commission
(D) acts of lasciviousness
(E) None of the above.
swindling
of
or
result
the
from
crime
malicious
of
the
theft,
mischief
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
1. Spouses,
hectorchristopher@yahoo.com
ascendants
descendants,
or
and
by
relatives
From
overheard
an
extension
line,
telephone
faithrollan5@yahoo.com
Ricardo
SUGGESTED ANSWER:
conversation
Julito
the
Julito.
charged? (1%)
application
in
extortion
exchange
charge
for
filed
dropping
against
Batmanson,
of
the
Inc.,
realty
issued
corporation
a
writ
of
Hipolito.
is
judgment.
intentional
listening
to
No,
because
telephone
interlocutory order.
3019.
tapping.
(E) None of the above.
(D) Bribery.
(E) None of the above.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
(B)
Knowingly
faithrollan5@yahoo.com
rendering
an
unjust
SUGGESTED ANSWER:
interlocutory order.
(C) Possession of dangerous drugs.
The facts show that all the elements of
the crime of knowingly rendering an
for
renders
unjust
inexcusable
ignorance
basic tenet.
manifestly
negligence
or
opium,
he
shall
not
be
held
Importation
of
drugs
is
also
not
under
R.A.
No.
9160
(Comprehensive
not
lounge
stated
is
in
international
whether
the
terminal
the
arrival
domestic
of
NAIA
or
and
who
country.
just
arrived
Thus,
the
form
crime
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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guests.
correccional as maximum.
commit? (1%)
(1%)
(B) Rebellion.
(D) Terrorism.
SUGGESTED ANSWER:
than 6 years.
(C) Coup d'etat.
(C) Yes, because the probation law is
It appears that General Tejero and his
men
launched
swift
attack
(D)
the
alternative remedy.
purpose
of
seizing
state
power
No,
because
his
previous
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
took
faithrollan5@yahoo.com
his
rifle,
went
around
the
court
of
non-probationable
was
found
probationable
offense
homicide),
may
since:
the
(1)
guilty
apply
of
(attempted
for
Probation
probation
Law
never
(6) years.
for
the
trial
courts
erroneous
apply
for
judgments
meted
out
of
to
that
privilege.
conviction
the
(4)
have
accused:
two
been
one,
No,
because
the
crime
of
SUGGESTED ANSWER:
benefit
of
probation
shall
not
be
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
against
public
hectorchristopher@yahoo.com
order.
Alarms
and
faithrollan5@yahoo.com
document.
Penal
Code;
hence,
Juancho
is
not
2012
Criminal
Law
Exam
estafa,
the
relationship
by
affinity
still
subsists
an
absolutory
which
cause
should
as
for
be
estafa
considered
wife
of
AAA
predeceased
his
because
there
penalty
prescribed
charged
therein,
if
proven,
would
d. Considering
is
that
no
specific
for
under
the
the
crimes
falsification
estafa.
document
AAA
invokes
the
absolutory
of
estafa
of
are
not
and
public
separate
estafa
public
absolutory
available to AAA.
a. The
relationship
relationship
by
by
affinity
is
the
relationship
by
and
falsification
of
document,
the
cause
of
SUGGESTED ANSWER:
D. there are two views on whether the
extinguishment of marriage by death of
the spouse dissolves the relationship by
affinity for purpose of absolute cause.
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
hectorchristopher@yahoo.com
the
marriage
while
the
faithrollan5@yahoo.com
SUGGESTED ANSWER:
second
had
circumstance
States
defense
applies
and
theft
estafa
4911,
to
theft,
through
swindling
falsification
or
applied
v.
the
of
Ah
of
mistake
self-defense
Chong,
person
February
of
15
and
10,
fact
(United
Phil.
right
1953),
488),
(US
and
v.
the
which
of
the
following
of the victim.
mistake
of
fact
involuntary act.
constituting
an
is
for
intended
not
the
when
criminally
result
there
not
is
ALTERNATIVE ANSWER:
C. Accused is not criminally liable for
the
result
not
intended
when
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
by
faithrollan5@yahoo.com
reason
of
the
impossibility
of
its
is
accomplishment,
it
arsenic
the
crime
is
inadequate
or
ineffectual.
Banc).
powder,
If
the
but
produced
by
against persons.
independent
of
perpetrator,
the
because
liable
employed
for
to
impossible
is
means
he
the
felony
reason
the
crime
was
of
will
not
causes
of
committed
the
is
the
already
offender
has
intervention;
the
offender
has
already
is
liable
for
ALTERNATIVE ANSWER:
offender
but
the
felony
was
not
police.
How
will
the
attendant
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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murder.
to
because
absorbed by treachery.
c. Treachery
murder
is
the
qualifying
circumstance.
a. Aggravating
circumstances
mitigating
law.
circumstance
of
b. Aggravating
voluntary surrender.
circumstances
necessity
accompany
the
crime.
c. Aggravating
circumstances
d. Aggravating
circumstances
defining a crime.
SUGGESTED ANSWER:
completely
defenseless,
treachery
the
superior
should
be
circumstance
appreciated.
of
abuse
When
of
hectorchristopher@yahoo.com
faithrollan5@yahoo.com
only
the
liability
of
the
principals,
circumstances
are
attendant
in
cases
in
which
the
law
Hence,
aggravating
involving moral
circumstance
attributes
should be
he
authority
had
and
the
power,
influence,
business
to
obtain
SUGGESTED ANSWER:
D.
are
Recidivists,
entitled
to
those
the
convicted
benefits
of
the
for
under
illegal
the
Labor
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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deceit
may
also
be
convicted
punishable
by
other
double jeopardy.
b. No.
for
One
complex
the
same
act
Information
crime
recruitment
for
of
with
is
illegal
estafa
by
2001).
Moreover,
of
laws
offenses
(People
although
the
v.
two
which
instead
of
two
(2)
separate
Informations.
wider
under
the
Labor
constitute
in
scope
astafa,
and
necessarily
rovers
deceits
More
importantly,
the
estafa
by means of deceit.
case,
is
immaterial
in
illegal
punishable
under
this
Act
shall
be
regulations.
If
undertaken
to
the
recruitment
defraud
another,
is
the
Revised
Penal
Code
and
illegal
recruitment.
necessary
the
criminal
for
intent
conviction,
of
the
while
accused
is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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c. AA
are
punishable
property.
felonies
are
request
for
that
he
caused
prejudice
to
anyone.
those
for
liable
criminally
disqualification.
the
is
disobeying
faithrollan5@yahoo.com
punishable
SUGGESTED ANSWER:
B. the crime of prolonging performance
of duties and powers is committed by
any public officer who shall continue to
exercise the duties and powers of his
SUGGESTED ANSWER:
office,
employment
beyond
the
or
period
or
commission,
provided
special
by
law,
regulations
provisions
Code).
treachery
to
qualify
killing
to
the
the
accused
that
lapse
decision
liability of AA?
of
when
is
portion
time
a. AA
unexpired
a. The
liable
for
malfeasance in office.
b. AA
is
criminally
prolonging
of
clung
time
and
to
such
between
the
the
execution,
liable
for
performance
of
he
necessity
of
the
means
to
lack
of
sufficient
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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victim.
faithrollan5@yahoo.com
means,
methods
or
punishable
the
defensive
when
caused
by
violence.
or
consciously adopted.
to
an
commit suicide.
d. The
unsuspecting
woman
commit
victim.
who
suicide
tried
to
occurs
no
SUGGESTED ANSWER:
SUGGESTED ANSWER:
C. There is treachery when the offender
commit any of the crimes against the
execution,
arising
without
from
the
risk
defense
to
himself
which
the
of violence is wanting.
although
instead?
the
wrongful
act
done
be
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
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attempts
to
kill
herself
as
an
SUGGESTED ANSWER:
A.In People v. Rillorta, G.R. No. 57415,
December 15, 1989, and in People v.
Recto, G.R. No. 129069, October 17,
2001, the Supreme Court En Banc found
crime
public
minimum,
in
place
where
years
of
reclusion
ten1poral as maximum.
b. Ten (10) years of prision mayor
as minimum to seventeen (17)
years and four (4) months of
reclusion temporal as maximum.
c. Eight (8) years of prision mayor
as minimum to eighteen (18)
years and four (4) months of
reclusion temporal as maximum.
d. Twelve
(12)
years
of
prision
to
twenty
(20)
years
of
were
carrying
firearms.
What
crime,
unlicensed
if
any,
was
and
firearms
illegal
for
possession
those
of
carrying
unlicensed firearms.
b. Inciting to sedition for A, 8 and
C and those carrying unlicensed
firearms.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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those
present
at
the
meeting.
faithrollan5@yahoo.com
for
illegal
possession
of
possession
of
unlicensed
provided,
that
the meeting.
no
other
firearm
crime
was
if
the
Revied
Penal
Code
is
not
Neither
conspiracy
used
in
the
of
Ladjaalam,
firearms
G.R.
(People
Nos.
v.
136149-51,
assembly
Code.
there
This
is
Article
is
committed
under
to
unlicensed
142
crime
sedition
is
an
crime
is
illegal
committed
by
be
taking
of
personal
the
property
property;
the owner.
Those
who
were
carrying
unlicensed
and
other
crime,
whether
b. No.
The
that
taking
of
the
legal
impossibility
to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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subsequently
dishonored
faithrollan5@yahoo.com
of the taking.
d. Yes. Theft is committed because
the factual impossibility to gain
from the check was not known
to
the
taker
or
beyond
his
SUGGESTED ANSWER:
Code.
recidivist?
a. B is a quasi-recidivist because
found
in
possession
of
an
unlicensed firearm.
b. B
is
not
quasi-recidivist
period
c. B
is
not
quasi-recidivist
shall
be
applied
by
way
of
maximum
not a felony.
circumstance
period
of
due
to
the
quasi-recidivism.
quasi-recidivist
d. B
is
not
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
second
crime
appreciate
must
hectorchristopher@yahoo.com
be
felony
quasi-recidivism
to
because
faithrollan5@yahoo.com
a. infanticide;
b. homicide;
c. murder;
quasi-recidivism
d. parricide.
against
the
accused,
SUGGESTED ANSWER:
defrauds
another
by
taking
undue
the
day
party?
advantage
of
the
signature
of
old
baby
constitutes
murder
abuse of confidence;
b. estafa by false pretense;
c. estafa
through
fraudulent
2004).
means;
d. estafa by other deceits.
SUGGESTED ANSWER:
a. parricide;
shall
b. homicide;
defraud
another
with
c. murder;
any
document
above
such
affray.
SUGGESTED ANSWER:
C. Parricide under Article 246 of the
Revised Penal Code is committed when:
(1) a person is killed; (2) the deceased is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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3947,
January
28,
determining
if
he
1908);
committed
or
or
(3)
is
fundamental
collateral
accused.
relative
of
the
law
of
the
law
or
the
arrests
the
authorities?
or
detains
another
for
a. unlawful arrest;
Procedure),
the
crime
committed
is
b. illegal detention;
c. arbitrary detention;
d. grave coercion.
SUGGESTED ANSWER:
A.in
unlawful
arrest,
the
private
reasonable
ground
or
legal
not
violate
the
Constitution
Procedure,
the
committed
is
arrest.
unlawful
crime
The
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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law
of
the
law
faithrollan5@yahoo.com
d. No.
but
The
surrender
to
the
surrender
to
the
proper
authorities.
In the facts given, the acts of the person
squarely falls within the provision of
SUGGESTED ANSWER:
accused
without
therefor,
authorities.
to
reasonable
ground
the
authorities
in
order
to
killings
or
in
order
to
save
the
retaliation
of
M's
relatives.
May
surrendered
to
the
person in authority.
seller
of
laptop
a defect.
the
to
call.
submit
himself
authorities
authorities
expenses
to
in.
the
order
trouble
necessary
for
and
his
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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constitute
faithrollan5@yahoo.com
estafa
of
theft
depending
SUGGESTED ANSWER:
juridical
or
thereof
legal,
is
misappropriation
estafa
through
person,
who
ran
away
with
ALTERNATIVE ANSWER:
since
Phil.
answer.
GR
No.
162822,
August
25,
the
possession
1000).
Hence,
estafa
through
is
not
the
false
representation
only
motive
for
the
private
Guinhawa
v.
People,
GR
No.
to
pay
interest
as
promised
possession
constitutional
accused
is
other
the
offender
of
may
deceit
because
prohibition
of
the
against
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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could
have
simply
so
stated.
The
14
RPC
circumstances
Penal
Code.
Hence,
is
not
the
answer.
the
to
RPC
be
to
treated
for
be
treated
as
as
attending
purposes
of
the
No.
a. qualifying circumstance;
age,
b. aggravating circumstance;
detection
c. modifying circumstance;
d. analogous circumstance.
be
properly
for
and
Upon
nighttime
to
to
avoid
facilitate
instruction
of
the
A,
circumstances,
waited
window.
SUGGESTED ANSWER:
limit
of
circumstances
as
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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they
or any of them?
a. A,
and
C,
be
collectively
under
offense,
discernment.
are
being
should
exempt
from
liability,
appropriate
consultation
subject
programs
with
the
to
in
person
criminal
liability
and
subject
to
automatic
suspension
of
SUGGESTED ANSWER:
C. a child above fifteen (15) years but
below eighteen (18) years if age shall be
exempt from criminal liability unless
he/she
has
(Section
acted
RA
with
discernment
No.
9344).
The
circumstances
records
in
each
afforded
case,
by
the
the
very
v.
Doquena,
GR
No.
46539,
for
all
the
planned
or
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
unanticipated
hectorchristopher@yahoo.com
their
commission
crime
of
consequences
of
the
robbery
of
faithrollan5@yahoo.com
special
with
complex
homicide
id
public
officer
in
charged
with
the
criminal liability.
are
nit
the
answer.
Evasion
of
only B stabbed G.
26. What crime is committed when a person
25. The guard was entrusted with the
prisoner
who
escaped
through
his
escaping
a. anticipation
of
duties
of
public office;
prisoner
does
b. usurpation of authority;
c. prohibited transaction;
d. unlawful appointment.
evasion
sentence.
SUGGESTED ANSWER:
of
service
of
SUGGESTED ANSWER:
A.The crime of anticipation of duties of a
public office is committed by any person
who shall assume the performance of the
duties and powers of any public office or
employment without first being sworn in
or having given the bond required by law
(Article 236 of the 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
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the following
grandson.
of
office
or
wife.
position;
b. qualified
d. Offender
abandonment
of
killing
his
illegitimate mother.
office;
SUGGESTED ANSWER:
c. misprision of treason;
d. negligence in the prosecution of
offense.
SUGGESTED ANSWER:
father,
mother,
or
child,
whether
office.
the
legitimacy
of
the
relationship
of
the
offender
to
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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discernment
Country
adoption
Adoption
is
Act
for
the
of
and
said
purpose
of
crime
is
committed
when
a. parricide;
he/she
b. infanticide;
has
acted
with
discernment
c. murder;
d. homicide.
SUGGESTED ANSWER:
C.
exploitative purpose?
her
crime
daughter,
committed
the
baby
is
is
not
the
b. trafficking in persons;
c. qualified
of
The
trafficking
persons;
d. use of trafficked person.
SUGGESTED ANSWER:
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one
of
whom
is
principal by inducement.
d. When
there
are
four
(4)
SUGGESTED ANSWER:
A.Since the offender was sentenced to
term of not more than one year, the
period of probation shall not exceed two
years (Section 14 PD No 968).
34. What is the criminal liability, if any, of a
mayor who, without being authorized by
law, compels prostitutes residing in his
SUGGESTED ANSWER:
violation of domicile.
for expulsion.
grave coercion.
liability
29,
wants
2003,
GR
Nos.
137370-71,
the
because
to
he
protect
merely
the
youth
prostitutes.
circumstance
of
band
must
all
be
SUGGESTED ANSWER:
B. the prostitute are not chattels but
human
beings
protected
by
the
not
praiseworthy
even
of
for
the
motives
render
most
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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under
Article
127
of
the
is
the
SUGGESTED ANSWER:
B. the crime of coup detat is a swift
attack
accompanied
of
coup
d'etat
violence,
crime
by
against
authorities
of
duly
the
constituted
Republic
of
the
committed?
a. By rising publicly and taking
for
possession
powers or prerogatives.
the
the
exercise
of
Philippines
and
power,
by
continued
singly
any
or
person
or
against
employment
undertakes
public
utilities
or
of
exercise
continued
and
power.
c. When persons rise publicly and
tumultuously in order to prevent
by
force
Government
the
National
from
freely
persons
scurrilous
Government
libels
circulate
against
which
tend
the
to
seizing
or
diminishing
state
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b. rebellion;
faithrollan5@yahoo.com
d. unlawful
use
publication
d. dereliction of duty.
utterances.
of
means
or
of
unlawful
SUGGESTED ANSWER:
SUGGESTED ANSWER:
the
rebellion
mean
in
their
power,
or
shall
by
means
of
speeches
or
ALTERNATIVE ANSWER:
D. Inciting to sedition is committed by
person who, without taking any direct
part in the crime of sedition, should
incite others to the accomplishment of
any
of
the
acts
which
sedition,
by
means
writings
(Article
of
142).
constitute
speeches
To
or
commit
others
to
rise
publicly
and
Government,
to
legislative
shall
deprive
Congress
powers,
by
incite
of
means
its
of
others
speeches
or
writings?
sedition
a. inciting to sedition;
b. inciting
to
rebellion
insurrection;
c. crime against legislative body;
or
(arising
publicly
and
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intimidation
to
prevent
member
of
of
disobedience
Revised
of
Penal
speeches or
clause
shall
Code
incite
by
means
others
to
the
publication,
shall
to
encourage
the
constituted
prevent
(such
its
allegiance
Government?
as
depriving
legislature
of
exercise
to
of
the
a. sedition;
b. coup d'etat;
c. insurrection;
governmental
laws
of
the
d. public disorder.
Preventing
the
meeting
of
Congress
against
popular
representation
did
not
employ
fraud
or
SUGGESTED ANSWER:
B.
The
term
insurrection
is
more
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prevent
or sedition.
the
authority
exercise
with
of
particular
Code
by
respect
government
Justice
to
Luis
Reyes).
for-all-fight
assaulting
other
tumultuous manner.
in
confused
each
and
allegiance
to
the
laws
of
the
deemed to be tumultuous?
disturbance
shall
be
when
person
function
or
gathering.
c. The disturbance shall be deemed
tumultuous
three
(3)
with means of
violence
SUGGESTED ANSWER:
when
persons
more
make
than
any
for
violation
parliamentary
of
immunity
for
disturbance
of
of
Congress
has
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by
penalty
higher
than
prision mayor.
for
violation
parliamentary
because
of
immunity
parliamentary
crime
of
violation
of
parliamentary
immunity.]
while
in
regular
or
special session.
a. sedition;
b. disturbance of public order;
c. grave coercion;
d. direct assault.
session,
arrest
any
member
SUGGESTED ANSWER:
[Note:
While
protects
offense
the
rebellion
legislators
1987
legislators
Article
from
145
arrest
for
Constitution
from
arrest
for
protects
offense
or
sedition,
without
the
Recto, GR
2001,
Thus,
the
1987
Constitute
by
En
If
the
offender
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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v. Adlawan, supra).
contents
of
the
articles,
b. evident premeditation;
c. superior strength;
d. treachery.
archipelago
which
he
data
has
in
or
his
and
he holds?
abuse
of
superior
a. espionage;
b. disloyalty;
c. treason;
d. violation of neutrality.
SUGGESTED ANSWER:
because
adherence
and
the
A.Espionage
is
committed
by
public
comfort
articles,
to
continued
the
process
enemy
is
requiring
long
for
the
data,
confidential
or
information
nature
relative
of
to
a
the
discloses
representative
Racaza,
GR
1949).
However,
No.
L-365,
January
cruelty
may
21,
their
of
contents
a
foreign
to
nation
be
being
augmenting
the
wrong
by
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
within
hectorchristopher@yahoo.com
the
Philippine
Archipelago.
the
or
sojourn
in
the
Government
the
jurisdiction
of
Philippines.
Philippines.
the
faithrollan5@yahoo.com
is
either
Filipino
the
Filipino
citizen,
whether
Criminal Law.
enemies
d. Yes.
The
Revised
provisions
Penal
of
the
Philippines,
are
of
by
the
Code
the
of
Philippines
obligations
and
or
the
alien
to
his
own
securities
the Philippines.
where he resides.
d. Yes. It is not possible for an
SUGGESTED ANSWER:
shall
be
enforced
outside
currency
note
or
to
elsewhere,
the
or
SUGGESTED ANSWER:
Such
temporary
during
the
allegiance
period
of
hi
hectorchristopher@yahoo.com
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ALTERNATIVE ANSWER:
B. Maltreatment must relate to the
correction or handling of a prisoner
under his charge or must be for the
purpose of extorting a confession, or of
the jailer?
public
committed
complex
crime
of
officer.
If
the
the
act
public
in
his
officer
private
Under
Article
115
of
the
Is
the
Indeterminate
maximum
of
prision
year.
habitual delinquent.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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SUGGESTED ANSWER:
the
for
penalty
the
offense
of
of
professional
duty
or
of
Indeterminate
considering
d. No.
The
the
offense
of
SUGGESTED ANSWER:
not
apply
to
persons
convicted
of
driving
injuries,
the
a. AB
car
while
suffered
damage
should
complex
be
crime
to
physical
his
charged
of
car
with
reckless
injuries.
capacity?
revelation
of
secrets
of
private individual.
in damage to property.
c. AB
should
injuries
classified materials.
property.
lawyer
should
be
revealing
charged
with
be
with
damage
to
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imprudent
or
negligent
act
that,
if
to property.
SUGGESTED ANSWER:
less
grave
felonies.
Reckless
light
act
is
single,
whether
the
damage
to
property
and
reckless
commission,
[Note:
The
contradicts
principle
the
latest
in
Turla
ruling
case
of
the
for
administration,
commits
violation
of
the
b. He
commits
estafa
through
fraudulent means.
c. He
commits
estafa
by
false
pretenses.
d. He
commits
unfaithfulness
estafa
or
with
abuse
of
confidence.
or
SUGGESTED ANSWER:
Code
shall
lies
in
the
execution
of
an
defraud
another
with
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fictitious
by
concealing
the
offender
in
trust
or
on
person
who
shall
name
for
crimes
publicly
the
use
purpose
commits
of
using
Code).
is
also
guilty
of
crime
of
using
of
the
crime
of
acted
c. AAA
is
infidelity
criminally
in
the
is
discernment
in
the
liable
for
custody
of
prisoners.
d. AAA
with
liable
for
misrepresentation or concealing
his true name.
offense charged?
a. The court shall pronounce the
judgment of conviction.
b. The court shall place the child
SUGGESTED ANSWER:
confined
in
jail
establishment by means
or
of
penal
violence,
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SUGGESTED ANSWER:
shall
of
sentence
can
still
be
limits
the
said
suspension
of
enter
the
dwelling
of
another
some
serious
harm
to
himself.
penalty
for
simple
trespass
to
dwelling.
c. The private person incurs no
criminal liability.
d. The private person is criminally
liable for light threats.
SUGGESTED ANSWER:
of
correccional.
one
(1)
After
year
of
serving
prision
two
(2)
pardon
by
the
Chief
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unexpired
require
portion
punishment
in
the
of
the
original
sentence.
offense
unexpired
convict
portion
to
of
serve
his
the
original
the
of
the
before
prosecuted
for
subsequent
he
can
violation
be
prision
correctional
in
its
minimum
of
55. What is the criminal liability of a person
conditional pardon.
is
criminally
liable
as
principal
pardon.
of
indispensable
ALTERNATIVE ANSWER:
unexpired
by
the
accomplice
of
the principal
offenders.
d. He
is
criminally
principal
for
liable
aiding
as
and
principal
c. He is criminally liable as an
the
offenders.
original
of
SUGGESTED ANSWER:
then
prision
period.
brigands
suffer
penalty
of
correctional in its
manimum
Since
remitted
the
penalty
by
the
preceding
as
described
article,
or
in
the
giving
next
them
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double murder.
complex
murder.
crime
of
double
Penal Code).
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
D. If the main objective of the offender is
C. Articles 306 and 307 of the Revised
No.
532
highway
robbery/brigandage.
building
goal
or
the
edifice,
crime
when
fore
committed
is
such
is
2008).
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processing
misrepresentations,
abroad
was
Taiwanese
2010).
case
rejected
of
by
illegal
the
recruitment
is liable for
unfaithfulness
abuse
of
is
liable
for
estafa
by
is
pretenses
WW
materialized
and
suffered
and
the
the
processing
of
the
illegal
travel
not
liable
for
false
RRs
confidence.
b. RR
never
was
estafa with
or
RRs
It
was
result
fee.
estafa
processing
of
the
falsified
travel
the
him
recruitment,
in.
for
estafa
for
because
illegal
with
falsely
pretended
that
she
had
the
made
The
prior
to
the
payment
for
filing
of
charges
for
illegal
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was
Illegal
recruitment
and
estafa
are
committed
in
house
or more persons.
c. A is criminally liable for grave
coercion
because
the
is rebutted.
employed violence.
in
to
which
prove
there
criminal
is
no
intent,
SUGGESTED ANSWER:
C. A is not criminally liable for robbery
since the presumption of intent to gain,
an element of this crime, is rebutted
because he took the personal property
under a bona fide belief that he owns the
property (Gaviola v.
violence
because
he
characterized
being
graver
by
than
People, GR
No.
in
connection
with
the
physician
for
is
criminally
falsification
of
medical certificate.
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if
the
false
medical
not
applicable
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if
the
certificate
false
does
bribery.
medical
not
cause
prejudice or damage.
SUGGESTED ANSWER:
C. The benefits of probation hall not be
extended to those: (a) sentenced to serve
SUGGESTED ANSWER:
certificate
any
criminal
the
is
under
committed
Article
174
by
is
which
circumstances
of
is
the
following
probation
not
applicable?
is
sentenced
to
years.
punished by imprisonment of
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fourteen
(14)
counts
of
attempted murder.
c. AA should be charged with four
(4) counts of murder, fourteen
b. The
finder
commits
concealment.
c. The
finder
firearms.
commits
qualified
theft.
d. AA
should
be
charged
with
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Penal Code).
unlicensed
fired
firearms,
AA
should
be
charged
with
department
murder.
Conspiring
of
with
one
municipality.
another,
they
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64. Felonies
are
classified
according
to
a. Imprudence;
b. Malice;
by A, B, C and D?
c. Negligence;
a. A,
8,
and
incriminatory
machination
8,
and
committed
8,
and
d. Lack of foresight.
committed
committed
SUGGESTED ANSWER:
B.
Culpable
means
of
crime
is
negligence
committed
or
by
imprudence.
SUGGESTED ANSWER:
proper
attention
and
to
use
due
detain
him
and,
in
the
process,
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owner thereof.
b. When a person disposes of the
encumbered.
lawful
c. When
person
possessor
to
the
nonetheless,
express
authority
from
the
court.
same
are
deemed
SUGGESTED ANSWER:
the
form
knowledge
encumbrance
that
is
despite
encumbered).
The
the
representation
representation
ALTERNATIVE ANSWER:
B. Since wrongfully taking real property
from it lawful possessor to the prejudice
of the latter is not covered by paragraph
3 of Article 316, the offense committed
must perforce come within meaning and
intendment of the blanket provision of
first paragraph of Article 318 on other
offender
under
that
in
the
express
there
the
is
deed
no
of
of
is
free
from
any
encumbered,
is
not
liable
for
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deed.
crime is committed?
a. DD
committed
the
crime
of
crime
of
crime
of
attempted murder.
b. DD
committed
the
attempted homicide.
c. DD
committed
the
impossible crime.
d. DD committed the crime of
malicious mischief.
SUGGESTED ANSWER:
A.Maltreatment
is
committed
by
an
ecclesiastical
minister,
in
the
SUGGESTED ANSWER:
ecclesiastical minister?
accused
were
convicted
of
a. The
ecclesiastical
minister
is
of
baptismal
certificate
participated in
fact so participate.
the
by
baptismal
another
by
deed
without
offender
commits
of A.
maltreatment.
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committed
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by
ecclesiastical
under
notary.
Article
Vicente
171
minister
because
Francisco).
Now,
such
parochial
third party.
SUGGESTED ANSWER:
materialization?
the
name
of
in
the
baptismal
a. No.
The
evil
offender
of A.
accomplished.
the
Code
by
parochial
were
Luis
Reyes).
registries
considered
as
of
official
intent
of
cannot
the
be
constitutes
an
employment of inadequate or
ineffectual means.
c. No.
The
penalty
for
than
the
penalty
for
impossible crime.
d. No. In impossible crime, the act
performed should not constitute
a violation of another offense.
SUGGESTED ANSWER:
falsification
document,
of
parochial
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through
committed,
the
fund.
crime
70. What crime is committed by a public
abandonment
not
The
is
or
only
through
felony
may
consummated
appropriate
negligence,
penalty
the
thus
and
is
be
the
imposed
regardless
of
whether
the
mode
of
public
officer
commits
malversation.
b. The
public
officer
commits
technical malversation.
under
circumstances
rendering
him
a. AA
is
not
criminally
because
responsible
officer
to
render
accounts.
d. The public officer commits the
crime of failure to make delivery
of public funds or property.
act
constitutes
is
not
criminally
liable
SUGGESTED ANSWER:
his
liable
false
testimony
in
the
administrative case.
c. AA
is
not
criminally
liable
in
an
administrative
case only.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
d. AA
is
hectorchristopher@yahoo.com
criminally
perjury
as
liable
principal
for
by
by
faithrollan5@yahoo.com
direct
participation.
SUGGESTED ANSWER:
an aggravated form.
c. The proper charge against the
and homicide.
homicide.
However,
suborner,
who
SUGGESTED ANSWER:
provides:
of
person
perjury
has
by
another
ceased
to
to
be
commit
a
crime,
the
the
carnapping
penalty
or
on
of
the
reclusion
occasion
and
vehicle
consent,
carried
away
killing
the
motor
driver
in
the
process?
73. Conspiracy
to
commit
felony
is
law
specifically
hectorchristopher@yahoo.com
provides
penalty
faithrollan5@yahoo.com
a. AAA
committed
the
complex
instances
homicide.
are
the
conspirators
not
liable?
b. AAA
committed
arson
and
multiple homicide.
c. Conspiracy
d. AAA
to
commit
child
pornography.
committed
arson
and
multiple murder.
d. Conspiracy
to
commit
SUGGESTED ANSWER:
trafficking in persons.
SUGGESTED ANSWER:
death
(Section
of
RA
No.
9372)
and
results
by
March
reason
15,
or
2010;
on
People
the
182061,
v.
for it.
his supervisor?
a. The
house
of
his
employer,
utility
infidelity
in
worker
the
commits
custody
of
papers.
b. The utility worker commits
malicious mischief.
c. The
utility
worker
commits
by AAA?
SUGGESTED ANSWER:
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law.
(B)
natural daughter.
committed
lacking.
Thus,
by
utility
the
the
crime
worker
is
malicious mischief.
2011
Law
Exam
stealing
items
circumstance
if
any
aggravating
intent
legitimate
Criminal
pawnshop
and
son
crime,
adopted
of
(B) None.
in
an
uninhabited
(4)
The
presence
of
mitigating
circumstance in a crime
(B) Theft
maximum period.
(C) Robbery in an inhabited house
(B)
or public building.
changes
the
gravity
of
the
offense.
(D) Qualified theft
(C) affects the imposable penalty,
(2)
The
relationship
alternative
shall
circumstance
NOT
be
of
considered
depending
on
other
modifying
circumstances.
between
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(D)
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automatically
reduces
the
penalty.
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the victim.
(D)
exempts
criminal
(C) helped the murderer find the
the
liability
offender
from
whatever
the
circumstances.
certain
individuals
from
the
Attache
foreign country
(C) Ambassador
(D) Chiefs of Mission
(7) As a modifying circumstance, insanity
two.
(C) None, since he took no step to
take part in executing the crime.
(D) Principal to murder, since he
acted in conspiracy with Zeno and
Primo.
(9) A police officer surreptitiously placed a
marijuana stick in a students pocket and
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then
arrested
him
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for
possession
of
(D)
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not
liable
since
the
police
None,
as
it
is
case
of
entrapment
damages
that
defendant
Y,
employing
Incriminating
an
innocent
person
(D) Complex
crime
of
in their pleadings.
money. X is
(12) The maxim "Nullum crimen nula poena
(A) liable
police
for
selling
operation
since
was
the
valid
(A) the act is criminal at the time of
entrapment.
police
but
operation
was
an
invalid
entrapment.
the
prescribed
penalty
therefor
in
subsequently
is
enacted law.
(C) liable for selling since the police
operation
instigation.
was
valid
form
of
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complete self-defense.
(D)
mitigating
obfuscation.
passion
and
commit libel?
(A) Yes,
since
libelous
and
the
article
inconsistent
was
with
(D) the
owner
disposes
of
his
is liable as
the
circumstances,
her
act
constitutes
(A) mitigating vindication of grave
offense.
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Anti-Hazing Law.
Anti-Hazing Law.
(B) dismissed
precondition.
without
any
since
his
salary
still
since
the
(A) It is exculpatory.
(B) It is inculpatory, an admission of
the commission of the crime.
(C)
was
(18)
prosecuted
(C)
(D)
The
imposable
penalty
will
When
repealed
such
penal
that
law
the
is
absolutely
offense
is
(A)
one
count
of
grave
slander
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(A)
occupation
or
usurpation
of
the
same
effect
as
mitigating
circumstance, is exemplified by
personal property.
(C) theft.
authorities.
(25) Three men gave Arnold fist blows and
kicks
causing
him
to
fall.
As
they
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X,
court
employee,
wrote
the
fatal.
(C)
Homicide
incomplete
mitigated
self-defense,
by
since
with
imputations.
respect
to
defamatory
commit?
Yes,
since
malice
is
not
presumed in libel.
(A) Robbery and arson since arson
took place as an incident of the
robbery.
to
it
and
served
exceptional circumstances.
as
(B) None since he acted under a
mistake of fact.
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(C) Parricide.
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(D) Homicide.
(D) Belen, whom Debbie maligned,
(29) X draws a check upon request of Y, the
certain
individuals
will
kill
others
or
the
check
contrary
to
the
agreement
(B) motive is material only where
(B) X as the drawer of the check
(C)
Both
and
based
on
conspiracy
(C)
lack
of
motive
precludes
conviction.
(D) None
(D) the motive of an offender is
(30) Ana visited her daughter Belen who
absolutely immaterial.
(A)
15
years
and
below
acting
without discernment.
(A) Dwelling did nothing to provoke
Ana into assaulting Debbie.
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(35)
Which
discernment.
kidnapping?
The
among
victim
the
is
following
(A)
killed
as
the offenders
(B) The
(A) entered the house using false
offender
is
public
officer.
keys.
(C) Ransom is demanded.
(B) although armed did not fire their
(D) The victim is raped.
weapons.
(C)
entered
through
window
(B)
shall be liable
(A) as a principal to the crime of
robbery.
(B) as an accessory to the crime of
robbery.
public
officer
officially
obstruction of justice.
(A)
Murder,
the
obstruction of justice.
absorbed already
arson
being
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arson
(C)
Arson,
the
homicide
being
absorbed already
(D)
Arson
with
murder
as
compound crime
gun.
police officers.
(B) Speeches
communism
extolling
and
urging
the
defense in libel.
na!"
cannot
plead
praetor
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murder.
reckless imprudence.
(C) Yes, since the instinct of self(D)
complex
imprudence
crime
resulting
of
reckless
in
serious
physical injuries.
(D) Yes, since the bystanders should
(42)
The
mitigating
circumstance
of
place
where
it
happened
and
exceptional circumstances?
(A) No, since the accused had time
severely
septuagenarian,
maltreats
prompting
S,
a
the
intercourse.
(C) Yes, since the wife and their
the
graveled
shoulder,
killing
two
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mitigating
(47)
The
circumstance
aggravating
and
circumstance
of
committed
(D)
in
partly
condominium building.
occupied
and
as
one
voluntary
mitigating
It
will
appreciate
all
three
It
will
appreciate
the
three
(49)
Without
meaning
anything,
offense
as
just
one
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agrees to
executes
(50)
perform
is
or
which he
connected
with
his
official duties.
by undue provocation.
(A) robbery.
public
officer
who
immediately
(C) homicide.
(D) rebellion.
(A) no crime.
committed
which
of
the
Rule
in
by
an
alien
in
the
Philippines.
Territoriality
turpitude.
the
Criminal law?
moral
to
(B)
Forgery
of
US
bank
notes
committed
at
his
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(D) rebellion.
they committed?
(57) Motive is generally IMMATERIAL in
(A) Conspiracy to commit indirect
assault.
(A) several offenders committed the
(B) Attempted direct assault.
crime
but
the
court
wants
to
leader.
assault.
(B)
(D) Illegal possession of firearms.
the
consists
evidence
of
of
both
the
crime
direct
and
circumstantial evidence.
(C)
offender.
ascertaining
the
degree
of
accused is circumstantial.
her action.
our
courts
DO
law?
(A) The check was returned unpaid
NOT
have
with
stamp
"stop
payment,"
(C) espionage.
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committed
imprudence.
an accomplice.
through
reckless
reached.
malicious
mischief
with
the
malicious
mischief
with
the
aggravating
circumstance of relationship.
RIGHT
aggravating circumstance.
(C) he is proved to be 18 years or
alternative
(D)
ANSWER
the
older.
(D) he forfeits such rights by gross
misconduct and immorality.
civil
damage he caused.
less
grave,
and
light
is
important
in
ascertaining
same
complexed.
occasion
can
be
Penal Code
(B) Violation
of
the
Child
Pornography Act
(C) Violation of the Child Abuse Law
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(D) None
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circumstance
of
voluntary surrender.
that
the
man
was
not
her
circumstances,
the
mitigating
(C)
He
is
considered
to
have
confessed to murder.
(A) defense of honor.
(D)
(B) immediate
vindication
of
grave offense.
This
serves
circumstance
of
as
aggravating
concealment
of
weapon.
(D) self-defense.
(A) discovery
of
the
second
aggravating circumstances.
registration
of
the
second
higher.
conjunction
aggravating circumstance.
with
another
by the authorities.
break
the
causal
connection
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injuries sustained by Y.
death to occur.
cause
between
the
infliction
of
on E.
of the death.
(70) 003-1137-0001 A criminal action for
(D) No because the delay in the
administration
forgiven by
of
the
medical
preparatory act
(B) his wife for having raped another
(A) itself constitutes an offense.
woman.
intended crime.
(D) the rape victim herself.
(C) must not be connected to the
(71) A battered woman claiming self-defense
intended crime.
in a felony.
of
his
life.
Refusing
to
undergo
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crime
as a
(A) made up of 2 or more crimes
proposal to commit
and
(A) rebellion.
(B) sedition.
crew
murders
the
Filipino
(C) espionage.
Special
Thanks
to
Sir
Patrick
Answers
to
Bar
Examination
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UP LAW Review
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