BAR EXAMINATION 2006

CRIMINAL LAW
- I -
Motive is essential in the determination of the commission of a crime and the liabilities of the perpetrators.
What are the instances where proof of motive is not essential or required to justify conviction of an accused? Give at least 3
instances. !
- II -
". When can a #ilipino citi$en residin% in this country use an alias le%ally? Give 3 instances. &.!
&. 'nder what situations may a private person enter any dwellin%( residence( or other establishments without bein% liable for
trespass to dwellin%? &.!
- III -
". What are the 3 ways of committin% arbitrary detention? )*plain each. &.!
&. What are the le%al %rounds for detention? &.!
3. When is an arrest by a peace officer or by a private person considered lawful? )*plain. !
- I+ -
". )numerate the differences between pardon and amnesty. &.!
&. 'nder ,residential ,roclamation -o. .&/( amendin% ,residential ,roclamation -o. 3/.( certain crimes are covered by the
%rant of amnesty. -ame at least of these crimes. &.!
3. 0an former 12W1 2ecretary 1in3y 2oliman apply for amnesty? 4ow about columnist 5andy 1avid? 67ou are supposed to
3now the crimes or offenses ascribed to them as published in almost all newspapers for the past several months.8 &.!
/. General 9im and General :uerubin of the 2cout 5an%ers and ,hilippine Marines( respectively( were char%ed with conduct
unbecomin% an officer and a %entleman under the ;rticles of War . 0an they apply for amnesty? &.!
- + -
<here are at least . instances or situations in criminal cases wherein the accused( either as an adult or as a minor( can apply for
and=or be %ranted a suspended sentence. )numerate at least of them. !
- +I -
". In ">?&( the ,hilippine -ational @an3 6,-@8( then a %overnment ban3in% institution( hired 4enry dela 5enta( a 0,;( as
5e%ional @an3 ;uditor. In ">>&( he resi%ned and was employed by the ,hilippine 1eposit Insurance 0orporation 6,1I08(
another %overnment-owned and controlled corporation. In ">>( after the ,-@ mana%ement unearthed many irre%ularities
and violations of the ban3As rules and re%ulations( dela 5enta was found to have manipulated certain accounts involvin%
trust funds and time deposits of depositors. ;fter investi%ation( he was char%ed with malversation of public funds before
the 2andi%anbayan. 4e filed a motion to dismiss contendin% he was no lon%er an employee of the ,-@ but of the ,1I0.
Is dela 5entaAs contention tenable? &.!
&. ;fter his arrai%nment( the prosecution filed a motion for his suspension pendente lite, to which he filed an opposition
claimin% that he can no lon%er be suspended as he is no lon%er an employee of the ,-@ but that of the ,1I0.
)*plain whether he mayor may not be suspended. &.!
- +II -
". While the .. -a%oya Maru was ne%otiatin% the sea route from 4on%3on% towards Manila( and while still 3BB
miles from ;parri( 0a%ayan( its en%ines malfunctioned. <he 0aptain ordered the ship to stop for emer%ency
repairs lastin% for almost " hours. 1ue to e*haustion( the officers and crew fell asleep. While the ship was
anchored( a motorboat manned by rene%ade 7bana%s from 0laveria( 0a%ayan( passed by and too3 advanta%e
of the situation. <hey cut the shipAs en%ines and too3 away several heavy crates of electrical equipment and
loaded them in their motorboat. <hen they left hurriedly towards ;parri. ;t daybrea3( the crew found that a
robbery too3 place. <hey radioed the ;parri ,ort ;uthorities resultin% in the apprehension of the culprits.
What crime was committed? )*plain. &.!
&. 2upposin% that while the robbery was ta3in% place( the culprits stabbed a member of the crew while sleepin%.
What crime was committed? )*plain. &.!
- +III -
0ommissioner Marian <orres of the @ureau of Internal 5evenue 6@I58 wrote solicitation letters addressed to the #ilipino-
0hinese 0hamber of 0ommerce and Industry and to certain 0)Cs of various multinational corporations requestin%
donations of %ifts for her office 0hristmas party. 2he used the @ureauAs official stationery. <he response was prompt and
overwhelmin% so much so that 0ommissioner <orresA office was overcrowded with rice coo3ers( radio sets( free$ers(
electric stoves and toasters. 4er staff also received several envelopes containin% cash money for the employeesA
0hristmas luncheon.
4as 0ommissioner <orres committed any impropriety or irre%ularity? What laws or decrees did she violate? !
- ID -
)duardo :uintos( a widower for the past "B years( felt that his retirement at the a%e of .B %ave him the opportunity to
en%a%e in his favorite pastime - voyeurism. If not usin% his hi%h-powered binoculars to peep at his nei%hborAs homes and
domestic activities( his second choice was to follow sweet youn% %irls. Cne day( he trailed a teena%e %irl up to the 95<
station at )12;-@uendia. While ascendin% the stairs( he stayed one step behind her and in a moment of bravado( placed
his hand on her left hip and %ently massa%ed it. 2he screamed and shouted for help. )duardo was arrested and char%ed
with acts of lasciviousness. Is the desi%nation of the crime correct? !
- D -
Eaime( ;ndy and Eimmy( laborers in the noodles factory of 9u3e <an( a%reed to 3ill him due to his arro%ance and
miserliness. Cne afternoon( they sei$ed him and loaded him in a ta*i driven by Mario. <hey told Mario they will only teach
9u3e a lesson in 0hristian humility. Mario drove them to a fishpond in -avotas where 9u3e was entrusted to )mil and
9ouie( the fishpond careta3ers( as3in% them to hide 9u3e in their shac3 because he was runnin% from the -@I. <he trio
then left in MarioAs car for Manila where they called up 9u3eAs family and threatened them to 3ill 9u3e unless they %ive a
ransom within &/ hours. 'n3nown to them( because of a lea3( the 3idnappin% was announced over the radio and <+. )mil
and 9ouie heard the broadcast and panic3ed( especially when the announcer stated that there is a shoot-to-3ill order for
the 3idnappers. )mil and 9ouie too3 9u3e to the seashore of 1a%at-da%atan where they smashed his head with a shovel
and buried him in the sand. 4owever( they were seen by a barangay kagawad who arrested them and brou%ht them to the
police station. 'pon interro%ation( they confessed and pointed to Eaime( ;ndy( Eimmy and Mario as those responsible for
the 3idnappin%. 9ater( the / were arrested and char%ed.
What crime or crimes did the F suspects commit? !
- DI -
;na has been a bar %irl=G5C at a beer house for more than & years. 2he fell in love with Cnio3( the bartender( who
impre%nated her. @ut ;na did not inform him about her condition and( instead( went home to 0ebu to conceal her shame.
4owever( her parents drove her away. 2o( she returned to Manila and stayed with Cnio3 in his boardin% house. 'pon
learnin% of her pre%nancy( already in an advanced state( Cnio3 tried to persuade her to under%o an abortion( but she
refused. @ecause of their constant and bitter quarrels( she suffered birth pan%s and %ave birth prematurely to a live baby
%irl while Cnio3 was at his place of wor3. 'pon comin% home and learnin% what happened( he prevailed upon ;na to
conceal her dishonor. 4ence( they placed the infant in a shoe bo* and threw it into a nearby cree3. 4owever( an inquisitive
nei%hbor saw them and with the help of others( retrieved the infant who was already dead from drownin%. <he incident was
reported to the police who arrested ;na and Cnio3. <he & were char%ed with parricide under ;rticle &/F of the 5evised
,enal 0ode. ;fter trial( they were convicted of the crime char%ed.
Was the conviction correct? !
- DII -
Eud%e 5od 5eyes was appointed by former ,resident #idel 5amos as 1eputy Cmbudsman for the +isayas for a term of .
years commencin% on Euly ( ">>. 2i* months thereafter( a lady steno%rapher filed with the Cffice of the Cmbudsman a
complaint for acts of lasciviousness and with the 2upreme 0ourt a petition for disbarment a%ainst him. #orthwith( he filed
separate motions to dismiss the complaint for acts of lasciviousness and petition for disbarment( claimin% lac3 of
jurisdiction over his person and office.
;re both motions meritorious? !
- DIII -
1an% was a beauty queen in a university. Eob( a rich classmate( was so enamored with her that he persistently wooed and
pursued her. 1an%( bein% in love with another man( rejected him. <his an%ered Eob. 2ometime in 2eptember &BB3( while
1an% and her sister 9yn were on their way home( Eob and his minor friend -onoy %rabbed them and pushed them inside a
white van. <hey brou%ht them in an abandoned warehouse where they forced them to dance na3ed. <hereafter( they
brou%ht them to a hill in a nearby barangay where they too3 turns rapin% them. ;fter satisfyin% their lust( Eob ordered
-onoy to push 1an% down a ravine( resultin% in her death. 9yn ran away but Eob and -onoy chased her and pushed her
inside the van. <hen the duo drove away. 9yn was never seen a%ain.
3. What crime or crimes were committed by Eob and -onoy? &.!
/. What penalties should be imposed on them? &.!
. Will -onoyAs minority e*culpate him? &.!
F. Is the non-recovery of 9ynAs body material to the criminal &.!
- DI+ -
In a crime of homicide( the prosecution failed to present any receipt to substantiate the heirsA claim for an award of actual
dama%es( such as e*penses for the wa3e and burial.
What 3ind of dama%es may the trial court award to them and how much? !
- D+ -
.. G offense. proper the with them char%ed and apprehended 4e lo%s. newly-cut more some %ate of out comin%
1ante 5ene saw he minutes( few a after around scouted 0urious( watershed. outside lo%s cut pile bi% noticed
when 5eservoir Watershed @alara patrollin% was +elasco Eay 5an%er #orestH
What is that offense? )*plain. &.!
1urin% the preliminary investi%ation and up to the trial proper( 5ene and 1ante contended that if they were to be
held liable( their liability should be limited only to the newly-cut lo%s found in their possession but not to those
found outside the %ate.
If you were the jud%e( what will be your rulin%? &.!
- D+I -
;fter receivin% a reliable information that 1ante Cn%( a notorious dru% smu%%ler( was arrivin% on ,;9 #li%ht -o. ,5 "?"(
,-, 0hief Inspector 2amuel Gamboa formed a %roup of anti-dru% a%ents. When Cn% arrived at the airport( the %roup
arrested him and sei$ed his attachI case. 'pon inspection inside the Immi%ration holdin% area( the attachI case yielded
plastic ba%s of heroin wei%hin% BB %rams. 0hief Inspector Gamboa too3 the attachI case and boarded him in an
unmar3ed car driven by ,C3 ,epito 9orbes. Cn the way to 0amp 0rame and upon nearin% White ,lains corner )dsa(
0hief Inspector Gamboa ordered ,C3 9orbes to stop the car. <hey brou%ht out the dru%s from the case in the trun3 and
%ot 3 plastic sac3s of heroin. <hey then told Cn% to ali%ht from the car. Cn% left with the & remainin% plastic sac3s of
heroin. 0hief Inspector Gamboa advised him to 3eep silent and %o home which the latter did. 'n3nown to them( an -@I
team of a%ents had been followin% them and witnessed the transaction. <hey arrested 0hief Inspector Gamboa and ,C3
9orbes. Meanwhile( another -@I team followed Cn% and li3ewise arrested him. ;ll of them were later char%ed.
What are their respective criminal liabilities? !
- D+II -
;lin% Maria received an ur%ent telephone call from Eunior( her eldest son( as3in% for ,&(BBB.BB to complete his semestral
tuition fees preparatory to his final e*ams in 0ommerce. 1istressed and disturbed( she borrowed money from her
compadre Man% Euan with the assurance to pay him within & months. <wo months lapsed but ;lin% Maria failed to settle
her obli%ation. Man% Euan told ;lin% Maria that she does not have to pay the loan if she will allow her youn%est "B-year old
dau%hter ;nnie to wor3 as a housemaid in his house for & months at ,"(BBB.BB a month. 1espite ;lin% MariaAs objection(
Man% Euan insisted and brou%ht ;nnie to his house to wor3 as a maid.
?. Was a crime committed by Man% Euan when he brou%ht ;nnie to his house as maid for the purpose of repayin%
her motherAs loan? &.!
>. If ;lin% Maria herself was made to wor3 as a housemaid in Man% EuanAs household to pay her loan( did he
commit a crime? &.!
NOTHING FOLLOWS