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Criminal Law 2011 Bar Examination Questionnaire for Criminal Law Set A (1) Isabel, a housemaid, broke into

a pawnshop intent on stealing items of jewelry in it. She found, however, that the jewelry were in a locked chest. nable to open it, she took the chest out of the shop. !hat crime did she commit" (#) $obbery in an uninhabited place or in a private building (%) &heft (') $obbery in an inhabited house or public building. (() )ualified theft (*) &he alternative circumstance of relationship shall +,& be considered between (#) mother-in-law and daughter-in-law. (%) adopted son and legitimate natural daughter. (') aunt and nephew. (() stepfather and stepson. (.) #rthur, %en, and 'esar /uarreled with 0len while they were at the latter1s house. 2nraged, #rthur repeatedly stabbed 0len while %en and 'esar pinned his arms. !hat aggravating circumstance if any attended the killing of 0len" (#) 2vident premeditation. (%) +one. (') #buse of superior strength. (() &reachery. (3) &he presence of a mitigating circumstance in a crime (#) increases the penalty to its ma4imum period.

(%) changes the gravity of the offense. (') affects the imposable penalty, depending on other modifying circumstances. (() automatically reduces the penalty. (5) 6e is an accomplice who (#) agreed to serve as a lookout after his companions decided to murder the victim. (%) watched /uietly as the murderer stabbed his victim. (') helped the murderer find the victim who was hiding to avoid detection. (() provided no help, when he can, to save the victim from dying. (7) 8rinciples of public international law e4empt certain individuals from the 0enerality characteristic of criminal law. !ho among the following are +,& e4empt from the 0enerality rule" (#) 9inisters $esident (%) 'ommercial #ttache of a foreign country (') #mbassador (() 'hiefs of 9ission (:) #s a modifying circumstance, insanity (#) is in the nature of confession and avoidance. (%) may be presumed from the offender1s previous behavior. (') may be mitigating if its presence becomes apparent subse/uent to the commission of the crime. (() e4empts the offender from criminal liability whatever the circumstances.

(;) <eno and 8rimo asked %ert to give them a sketch of the location of #ndy1s house since they wanted to kill him. %ert agreed and drew them the sketch. <eno and 8rimo drove to the place and killed #ndy. !hat crime did %ert commit" (#) #ccomplice to murder, since his cooperation was minimal. (%) #ccessory to murder, since his map facilitated the escape of the two. (') +one, since he took no step to take part in e4ecuting the crime. (() 8rincipal to murder, since he acted in conspiracy with <eno and 8rimo. (=) # police officer surreptitiously placed a marijuana stick in a student1s pocket and then arrested him forpossession of marijuana cigarette. !hat crime can the police officer be charged with" (#) +one, as it is a case of entrapment (%) nlawful arrest

(') Incriminating an innocent person (() 'omple4 crime of incriminating an innocent person with unlawful arrest (1>) &he police officer in civilian clothes asked ? where he can buy shabu. ? responded by asking the officer how much of the drug he needed. !hen he told him, ? left, returned after a few minutes with the shabu, gave it to the officer, and took his money. ? is (#) liable for selling since the police operation was a valid entrapment. (%) not liable for selling since the police operation was an invalid entrapment. (') liable for selling since the police operation was a valid form of instigation. (() not liable since the police operation was an invalid instigation. (11) 8laintiff ? said in his civil complaint for damages that defendant @, employing fraud, convinced him to buy a defective vehicle. @ filed a criminal action for libel against ? for maliciously imputing fraud on him. !ill the action prosper if it turns out that the civil complaint for damages was baseless"

(#) +o, since pleadings filed in court are absolutely privileged. (%) +o, since malice is not evident. (') @es, given the fact that the imputation of fraud was baseless. (() @es, parties must state the truth in their pleadings. (1*) &he ma4im A+ullum crimen nula poena sine legeA means that (#) the act is criminal at the time of its commission and recogniBed as such at the time of its commission but the penalty therefor is prescribed in a subse/uently enacted law. (%) the act is criminal and punished under and pursuant to common law. (') there is a crime for as long as the act is inherently evil. (() crime is a product of the law. (1.) ?, a tabloid columnist, wrote an article describing @, a public official, as stupid, corrupt, and having amassed ill-gotten wealth. ? relied on a source from @Cs own office who fed him the information. (id ? commit libel" (#) @es, since the article was libelous and inconsistent with good faith and reasonable care. (%) +o, since ? but made a fair commentary on a matter of public interest. (') +o, since ?1s article constitutes privileged communication. (() +o, since he wrote his article under the freedom enjoyed by the press. (13) &he husband has for a long time physically and mentally tortured his wife. #fter one episode of beating, the wife took the husband1s gun and shot him dead. nder the circumstances, her act constitutes (#) mitigating vindication of grave offense. (%) battered woman syndrome, a complete self-defense. (') incomplete self-defense. (() mitigating passion and obfuscation.

(15) &here is violation of #rt. .17, $8' (,ther forms of Swindling) where (#) the owner of property sells a property and subse/uently rescinds the sale. (%) the real property subject of the sale does not e4ist. (') the property was mortgaged for a usurious contract of loan. (() the owner disposes of his encumbered real property as if it is free from encumbrances. (17) ?, a police officer, placed a hood on the head of !, a suspected drug pusher, and watched as @ and <, police trainees, beat up and tortured ! to get his confession. ? is liable as (#) as accomplice in violation of the #nti-&orture #ct. (%) a principal in violation of the #nti-&orture #ct. (') a principal in violation of the #nti-6aBing Daw. (() an accomplice in violation of the #nti-6aBing Daw. (1:) (r. 'how, a government doctor, failed to submit his (aily &ime $ecord ((&$) from Eanuary to 9arch *>>> and did not get approval of his sick leave application for #pril because of evidence that he was actually moonlighting elsewhere. &hus, the medical (irector caused the withholding of his salary for the periods in /uestion until he submitted his (&$s in 9ay *>>>. 'an (r. 'how prosecute the medical director for causing him undue injury in violation of the #nti-0raft and 'orrupt 8ractices #ct" (#) @es, since the medical (irector acted with evident bad faith. (%) +o, since the medical director has full discretion in releasing the salary of government doctors. (') @es, since his salary was withheld without prior hearing. (() +o, since (r. 'how brought it upon himself, having failed to submit the re/uired (&$s.

(1;) !hen a penal law is absolutely repealed such that the offense is decriminaliBed, a pending case charging the accused of the repealed crime is to be (#) prosecuted still since the charge was valid when filed. (%) dismissed without any precondition. (') dismissed provided the accused is not a habitual delin/uent. (() prosecuted still since the offended party has a vested interest in the repealed law. (1=) In malversation of public funds, the offender1s return of the amount malversed has the following effect (#) It is e4culpatory. (%) It is inculpatory, an admission of the commission of the crime. (') &he imposable penalty will depend on what was not returned. (() It is mitigating. (*>) &he e4changes of highly offensive words between two /uarrelling women in the presence of a crowd of people constitute (#) one count of grave slander against the woman who uttered the more insulting e4pressions. (%) grave slander against the woman who started it and light slander against the other woman. (') two separate counts of light slander, one for each woman. (() two separate counts of grave slander, one against each of them. (*1) #ny person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner is liable for (#) occupation or usurpation of personal property. (%) civil damages only.

(') theft. (() other deceits. (**) # crime resulting from negligence, reckless imprudence, lack of foresight or lack of skill is called (#) dolo. (%) culpa. (') tortious crimes. (() /uasi delict. (*.) &o mitigate his liability for inflicting physical injury to another, an accused with a physical defect must prove that such defect restricted his freedom of action and understanding. &his proof is not re/uired where the physical defect consists of (#) a severed right hand. (%) complete blindness. (') being deaf mute and dumb. (() a severed leg. (*3) #n e4tenuating circumstance, which has the same effect as a mitigating circumstance, is e4emplified by (#) the mother killing her *-day old child to conceal her dishonor. (%) the accused committing theft out of e4treme poverty. (') the accused raping his victim in e4treme state of passion. (() the accused surrendering the weapon he used in his crime to the authorities. (*5) &hree men gave #rnold fist blows and kicks causing him to fall. #s they surrounded and continued hitting him, he grabbed a knife he had in his pocket and stabbed one of the men straight to the heart. !hat crime did #rnold commit"

(#) 6omicide with incomplete self-defense, since he could have run from his aggressors. (%) 6omicide, since he knew that stabbing a person in the heart is fatal. (') 6omicide mitigated by incomplete self-defense, since stabbing a person to the heart is e4cessive. (() +o crime, since he needed to repel the aggression, employing reasonable means for doing so. (*7) #, %, and ' agreed to rob a house of its cash. # and % entered the house while ' remained outside as lookout. #fter getting the cash, # and % decided to set the house on fire to destroy any evidence of their presence. !hat crime or crimes did ' commit" (#) $obbery and arson since arson took place as an incident of the robbery. (%) $obbery and arson since ' took no step to stop the arson. (') Eust for robbery since he only agreed to it and served as lookout. (() #ccomplice to robbery since his role in the crime was minimal. (*:) ?, a court employee, wrote the presiding judge a letter, imputing to @, also a court employee, the act of receiving an e4pensive gift from one of the parties in a pending case. %ecause of this, @ accused ? of libel. (oes @ need to prove the element of malice in the case" (#) +o, since malice is self-evident in the letter. (%) @es, malice is not presumed since ? wrote the letter to the presiding judge who has a duty to act on what it states. (') +o, since malice is presumed with respect to defamatory imputations. (() @es, since malice is not presumed in libel. (*;) ? killed %, mistakenly believing that she was his wife, upon surprising her having se4 with another man in a motel room. !hat is the criminal liability of ?" (#) +one since he killed her under e4ceptional circumstances.

(%) +one since he acted under a mistake of fact. (') 8arricide. (() 6omicide. (*=) ? draws a check upon re/uest of @, the payee, who told ? that he would merely show the check to his creditor to gain more time to pay his account. &he check bounced upon presentation by the creditor. nder the circumstances, who can be prosecuted for estafa based on the dishonored check" (#) @ as the one who negotiated the check contrary to the agreement (%) ? as the drawer of the check (') %oth ? and @ based on conspiracy (() +one (.>) #na visited her daughter %elen who worked as 'aloy1s housemaid. 'aloy was not at home but (ebbie, a casual visitor in the house, verbally maligned %elen in #na1s presence. Irked, #na assaulted (ebbie. nder the circumstances, dwelling is +,& regarded as aggravating because (#) (welling did nothing to provoke #na into assaulting (ebbie. (%) 'aloy, the owner of the house, was not present. (') (ebbie is not a dweller of the house. (() %elen, whom (ebbie maligned, also dwells in the house. (.1) It is a matter of judicial knowledge that certain individuals will kill others or commit serious offenses for no reason at all. For this reason, (#) lack of motive can result in conviction where the crime and the accusedCs part in it are shown. (%) motive is material only where there is no evidence of criminal intent. (') lack of motive precludes conviction. (() the motive of an offender is absolutely immaterial.

(.*) 9inority is a privileged mitigating circumstance which operates to reduce the penalty by a degree where the child is (#) 15 years and below acting without discernment. (%) above 15 years but below 1; acting without discernment. (') below 1; years acting with discernment. (() 1; years old at the time of the commission of the crime acting with discernment. (..) &he crime of robbery in an inhabited house or public building is mitigated when the offenders (#) entered the house using false keys. (%) although armed did not fire their weapons. (') entered through a window without breaking it. (() although armed took property valued at only 8*>>. (.3) # private person who assists the escape of a person who committed robbery shall be liable (#) as a principal to the crime of robbery. (%) as an accessory to the crime of robbery. (') as a principal to the crime of obstruction of justice. (() as an accessory to the crime of obstruction of justice. (.5) !hich among the following circumstances do +,& /ualify the crime of kidnapping" (#) &he victim is killed as a conse/uence of the detention. (%) &he offender is a public officer. (') $ansom is demanded. (() &he victim is raped.

(.7) $emoving, concealing or destroying documents to defraud another constitutes the crime of estafa if committed by (#) any public officer. (%) a public officer officially entrusted with the document. (') private individuals who e4ecuted the same. (() private individuals. (.:) (agami concealed %ugna1s body and the fact that he killed him by setting %ugna1s house on fire. !hat crime or crimes did (agami commit" (#) 9urder, the arson being absorbed already (%) Separate crimes of murder and arson (') #rson, the homicide being absorbed already (() #rson with murder as a compound crime (.;) Sam wrote a letter to his friends stating that Eudge ,don loves obscene magaBines and keeps these in his desk. 'harged with libel, can Sam present proof that Eudge ,don indeed loves obscene magaBines and keeps these in his desk" (#) +o, since the imputation is not related to the duties of a judge. (%) +o, since Sam does not impute a crime to Eudge ,don. (') +o, since Sam imputes the commission of a crime to Eudge ,don. (() @es, since truth can be a valid defense in libel. (.=) ?, without intent to kill, aimed his gun at < and fired it, hitting the latter who died as a conse/uence. nder the circumstances (#) ? cannot plead praetor intentionem since the intent to kill is presumed from the killing of the victim. (%) ? may plead praetor intentionem since he intended only to scare, not kill <.

(') ? may plead aberratio ictus as he had no intention to hit <. (() ? may plead commission of only (ischarge of Firearm as he had no intent to kill < when he fired his gun. (3>) !hich of the following statements constitute Inciting to Sedition" (#) tterance of statements irritating or obno4ious to the ears of the police officers. (%) Speeches e4tolling communism and urging the people to hold a national strike and paralyBe commerce and trade. (') Deaders of jeepney and bus associations shouting A%ukas tuloy ang welga hanggang sa magkagulo naGA (() Speeches calling for resignation of high government officials. (31) 'ulpa can either be a crime by itself or a mode of committing a crime. 'ulpa is a crime by itself in (#) reckless imprudence resulting in murder. (%) medical malpractice. (') serious physical Injuries thru reckless imprudence. (() comple4 crime of reckless imprudence resulting in serious physical injuries. (3*) &he mitigating circumstance of immediate vindication of a grave offense cannot be appreciated in a case where (#) Following the killing of his adopted brother, 8 went to the place where it happened and killed S whom he found there. (%) ? kills @ who attempted to rape ?1s wife. (') 8 severely maltreats S, a septuagenarian, prompting the latter to kill him. (() 9 killed $ who slandered his wife.

(3.) &o save himself from crashing into an unlighted truck abandoned on the road, Eose swerved his car to the right towards the graveled shoulder, killing two bystanders. Is he entitled to the justifying circumstance of state of necessity" (#) +o, because the bystanders had nothing to do with the abandoned truck on the road. (%) +o, because the injury done is greater than the evil to be avoided. (') @es, since the instinct of self-preservation takes priority in an emergency. (() @es, since the bystanders should have kept off the shoulder of the road. (33) &he accused was shocked to discover his wife and their driver sleeping in the master1s bedroom. ,utraged, the accused got his gun and killed both. 'an the accused claim that he killed the two under e4ceptional circumstances" (#) +o, since the accused had time to reflect when he got his gun. (%) +o, since the accused did not catch them while having se4ual intercourse. (') @es, since the wife and their driver desecrated the marital bed. (() @es, since the scene shows that they had an intimate relationship. (35) &he three accused forcibly took their victim from his car but the latter succeeded in freeing himself from their grip. !hat crime did the three accused commit" (#) forcible abduction. (%) frustrated kidnapping. (') attempted kidnapping. (() grave coercion. (37) (eeply enraged by his wife1s infidelity, the husband shot and killed her lover. &he husband subse/uently surrendered to the police. 6ow will the court appreciate the mitigating circumstances of (i) passion or obfuscation, (ii)

vindication of a grave offense, and (iii) voluntary surrender that the husband invoked and proved" (#) It will appreciate passion or obfuscation and voluntary surrender as one mitigating circumstance and vindication of a grave offense as another. (%) It will appreciate all three mitigating circumstances separately. (') It will appreciate the three mitigating circumstances only as one. (() It will appreciate passion or obfuscation and vindication of a grave offense as just one mitigating circumstance and voluntary surrender as another. (3:) &he aggravating circumstance of uninhabited place is aggravating in murder committed (#) on a banca far out at sea. (%) in a house located in cul de sac. (') in a dark alley in &ondo. (() in a partly occupied condominium building. (3;) &he penalty of perpetual or temporary special dis/ualification for the e4ercise of the right of suffrage does +,& deprive the offender of the right (#) to be elected to a public office. (%) to vote in any popular election for a public office. (') to vote in a plebiscite. (() to hold any public office. (3=) !ithout meaning anything, < happened to stare into the eye of one of four men hanging out by a store which he passed. &aking offense, the four mauled and robbed him of his wages. < went home, took a knife, and stabbed one of his attackers to death. 'harged with murder, < may raise the mitigating circumstance of (#) praeter intentionem.

(%) incomplete self-defense preceded by undue provocation. (') passion or obfuscation. (() complete self-defense. (5>) # public officer who immediately returns the bribe money handed over to him commits (#) no crime. (%) attempted bribery. (') consummated bribery. (() frustrated bribery. (51) (irect bribery is a crime involving moral turpitude. From which of the following elements of direct bribery can moral turpitude be inferred" (#) &he offender receives a gift by himself or through another. (%) &he offender is a public officer. (') &he offender takes a gift with a view to committing a crime in e4change. (() &he act which the offender agrees to perform or which he e4ecutes is connected with his official duties. (5*) Insuperable cause is an e4empting circumstance which may be applied to (#) robbery. (%) misprision of treason. (') homicide. (() rebellion. (5.) !hich of the following crimes is an e4ception to the &erritoriality $ule in 'riminal law"

(#) Hiolation of the &rademark Daw committed by an alien in the 8hilippines. (%) Forgery of S bank notes committed in the 8hilippines. (') 'rime committed by a Filipino in the disputed SpratlyCs Island. (() 8lunder committed at his place of assignment abroad by a 8hilippine public officer. (53) ?, @ and < agreed among themselves to attack and kill #, a police officer, but they left their home-made guns in their vehicle before approaching him. !hat crime have they committed" (#) 'onspiracy to commit indirect assault. (%) #ttempted direct assault. (') 'onspiracy to commit direct assault. (() Illegal possession of firearms. (55) ,n hearing a hospital ward patient on the ne4t bed, shrieking in pain and begging to die, 9ona shut off the o4ygen that was sustaining the patient, resulting in his death. !hat crime if any did 9ona commit" (#) 6omicide. (%) 9urder if she deliberated on her action. (') 0iving #ssistance to Suicide. (() 2uthanasia. (57) !hen committed outside the 8hilippine territory, our courts (, +,& have jurisdiction over the crime of (#) treason. (%) piracy. (') espionage. (() rebellion.

(5:) 9otive is generally I99#&2$I#D in determining criminal liability 2?'28& when (#) several offenders committed the crime but the court wants to ascertain which of them acted as leader. (%) the evidence of the crime consists of both direct and circumstantial evidence. (') ascertaining the degree of penalty that may be imposed on the offender. (() the evidence of guilt of the accused is circumstantial. (5;) !hich of the following circumstances of dishonor of a check can be a basis for prosecution under the bouncing checks law" (#) &he check was returned unpaid with stamp Astop payment,A although the drawer1s deposit was sufficient. (%) &he check, drawn and issued in the 8hilippines, was dishonored by the drawee bank in a foreign country. (') &he check was presented to the bank for payment 7 months after the date of issue. (() &he drawer of the dishonored check paid its value within 5 days from notice of dishonor. (5=) ? and his step-father have a long-standing enmity. ,ne day, irked by an argument with his step-father, ? smashed the windshield of his step-father1s brand new #udi sports car. ? is liable for (#) malicious mischief. (%) malicious mischief with the alternative mitigating circumstance of relationship. (') malicious mischief with the alternative aggravating circumstance of relationship. (() $I06& #+S!2$ the civil damage he caused.

(7>) &he classification of felonies into grave, less grave, and light is important in ascertaining (#) if certain crimes committed on the same occasion can be comple4ed. (%) the correct penalty for crimes committed through reckless imprudence. (') whether the offender is liable as an accomplice. (() what stage of the felony has been reached. (71) # child in conflict with the law shall enjoy all the rights of a child until (#) he is found to have acted with discernment. (%) his minority is setoff by some aggravating circumstance. (') he is proved to be 1; years or older. (() he forfeits such rights by gross misconduct and immorality. (7*) 9r. 8 owns a boarding house where he knowingly allowed children to be videotaped while simulating e4plicit se4ual activities. !hat is 9r. 8Cs criminal liability, if any" (#) 'orruption of minors under the 8enal 'ode (%) Hiolation of the 'hild 8ornography #ct (') Hiolation of the 'hild #buse Daw (() +one (7.) ! allowed a man to have se4 with her thinking that he was her husband. #fter realiBing that the man was not her husband, ! stabbed him to death. nder the circumstances, the mitigating circumstance in attendance constitutes (#) defense of honor. (%) immediate vindication of a grave offense. (') passion or obfuscation. (() self-defense.

(73) &he prescriptive period for bigamy is 15 years counted from the date of the (#) discovery of the second marriage by the offended spouse. (%) registration of the second marriage in the Docal 'ivil $egistry. (') celebration or solemniBation of the second marriage. (() discovery of the second marriage by the authorities. (75) #fter properly waiving his 9iranda rights, the offender led the police to where he buried the gun he used in shooting the victim. 6ow does this affect his liability" (#) &his serves as an analogous mitigating circumstance of voluntary surrender. (%) It has no effect at all since the law provides none. (') 6e is considered to have confessed to murder. (() &his serves as aggravating circumstance of concealment of weapon. (77) # /ualifying aggravating circumstance (#) changes the description and the nature of the offense. (%) increases the penalty to its ne4t degree but absorbs all the other aggravating circumstances. (') raises the penalty by two periods higher. (() is one which applies only in conjunction with another aggravating circumstance. (7:) ? inflicted serious injuries on @. %ecause of delay in providing medical treatment to @, he died. Is ? criminally liable for the death of @" (#) @es because the delay did not break the causal connection between ?Cs felonious act and the injuries sustained by @. (%) @es because any intervening cause between the infliction of injury and death is immaterial.

(') +o because the infliction of injury was not the immediate cause of the death. (() +o because the delay in the administration of the medical treatment was an intervening cause. (7;) In an attempted felony, the offender1s preparatory act (#) itself constitutes an offense. (%) must seem connected to the intended crime. (') must not be connected to the intended crime. (() re/uires another act to result in a felony. (7=) ? inflicted violent kicks on vital parts of 2Cs body. 2 nevertheless was able to flee for fear of his life. $efusing to undergo treatment for his injuries, 2 died . days later. Is ? liable for 21s death" (#) +o, since kicks on the body cannot cause death. (%) +o, since it took too long for death to occur. (') @es, since 2 cannot be compelled to undergo medical treatment. (() @es, since it was a natural result of the injuries ? inflicted on 2. (:>) >>.-11.:->>>1 # criminal action for rape is e4tinguished when the offender is forgiven by (#) $I06& #+S!2$ the offender1s wife who herself is the rape victim. (%) his wife for having raped another woman. (') the rape victim1s husband. (() the rape victim herself. (:1) # battered woman claiming self-defense under the #nti-Hiolence against !omen and 'hildren must prove that the final acute battering episode was preceded by (#) . battering episodes.

(%) 3 battering episodes. (') 5 battering episodes. (() * battering episodes. (:*) # special comple4 crime is a composite crime (#) made up of * or more crimes defined in the 8enal 'ode. (%) with its own definition and special penalty provided by the 8enal 'ode. (') with its own definition and special penalty provided by a special penal law. (() made up of * or more crimes defined in the 8enal 'ode and special penal laws. (:.) !hat court has jurisdiction when an Indonesian crew murders the Filipino captain on board a vessel of $ussian registry while the vessel is anchored outside the breakwaters of the 9anila bay" (#) &he Indonesian court. (%) &he $ussian court. (') &he 8hilippine court. (() #ny court that first asserts jurisdiction over the case. (:3) ?, intending to kill @, a store owner, fired at @ from the street, but the shot killed not only @ but also < who was in the store. #s a case of aberratio ictus, it is punishable as a (#) comple4 crime proper. (%) special comple4 crime. (') continuing crime. (() compound crime. (:5) # proposal to commit a felony is punishable only when the law specifically provides a penalty for it as in the case of proposal to commit

(#) rebellion. (%) sedition. (') espionage. (() highway robbery.