criminal law bar questions 06-14

8/17/2019 Criminal Law Bar Questions 06-14

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Criminal Law Bar Questions2006

- I -Motive is essential in the determination of the commission of a crime and

the liabilities of the perpetrators.hat are the instances where proof of motive is not essential or re!uiredto "ustif# conviction of an accused$ %ive at least & instances. '(- II -

). hen can a *ilipino citi+en residin, in this countr# usean alias le,all#$ %ive & instances. 2.'(

2. nder what situations ma# a private person enter an# dwellin,residence or other establishments without bein, liable for trespass to dwellin,$ 2.'(

- III -). hat are the & wa#s of committin, arbitrar# detention$ /plain

each. 2.'(2. hat are the le,al ,rounds for detention$ 2.'(&. hen is an arrest b# a peace officer or b# a private person

considered lawful$ /plain. '(- I1 -

). /numerate the differences between pardon and amnest#. 2.'(2. nder residential roclamation 3o. 425 amendin, residential

roclamation 3o. &54 certain crimes are covered b# the ,rant of amnest#. 3ame at least ' of these crimes. 2.'(

&. Can former 7 7ecretar# in8# 7oliman appl# for amnest#$9ow about columnist :and# avid$ ; as :e,ional

Ban8 >uditor. In )AA2 he resi,ned and was emplo#ed b# thehilippine eposit Insurance Corporation ;IC= another

,overnment-owned and controlled corporation. In )AA' after the3B mana,ement unearthed man# irre,ularities and violations of

the ban8s rules and re,ulations dela :enta was found to havemanipulated certain accounts involvin, trust funds and timedeposits of depositors. >fter investi,ation he was char,ed withmalversation of public funds before the 7andi,anba#an. 9e fileda motion to dismiss contendin, he was no lon,er an emplo#ee of the 3B but of the IC.Is dela :entas contention tenable$ 2.'(

2. >fter his arrai,nment the prosecution filed a motion for hissuspension pendente lite, to which he filed an opposition claimin,that he can no lon,er be suspended as he is no lon,er anemplo#ee of the 3B but that of the IC./plain whether he ma#or ma# not be suspended. 2.'(- 1II -

). hile the '.'. 3a,o#a Maru was ne,otiatin, the searoute from 9on,8on, towards Manila and while still &00miles from >parri Ca,a#an its en,ines malfunctioned.?he Captain ordered the ship to stop for emer,enc#repairs lastin, for almost )' hours. ue to ehaustion theofficers and crew fell asleep. hile the ship wasanchored a motorboat manned b# rene,ade parri. >t da#brea8 the crew found that a robber# too8 place. ?he# radioed the >parri ort >uthorities resultin,

in the apprehension of the culprits.hat crime was committed$ /plain. 2.'(

2. 7upposin, that while the robber# was ta8in, place theculprits stabbed a member of the crew while sleepin,.

hat crime was committed$ /plain. 2.'(- 1III -Commissioner Marian ?orres of the Bureau of Internal :evenue;BI:= wrote solicitation letters addressed to the *ilipino-ChineseChamber of Commerce and Industr# and to certain C/Ds of

1 | P a g e – C r i m i n a l L a w B a r Q u e s t i o n s


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various multinational corporations re!uestin, donations of ,iftsfor her office Christmas part#. 7he used the Bureaus official

stationer#. ?he response was prompt and overwhelmin, so muchso that Commissioner ?orres office was overcrowded with rice

coo8ers radio sets free+ers electric stoves and toasters. 9er staff also received several envelopes containin, cash mone# for theemplo#ees Christmas luncheon.9as Commissioner ?orres committed an# impropriet# or irre,ularit#$ hat laws or decrees did she violate$ '(- IE -/duardo Quintos a widower for the past )0 #ears felt that hisretirement at the a,e of 40 ,ave him the opportunit# to en,a,e inhis favorite pastime - vo#eurism. If not usin, his hi,h-powered

binoculars to peep at his nei,hbors homes and domesticactivities his second choice was to follow sweet #oun, ,irls. Dneda# he trailed a teena,e ,irl up to the L:? station at /7>-Buendia. hile ascendin, the stairs he sta#ed one step behindher and in a moment of bravado placed his hand on her left hipand ,entl# massa,ed it. 7he screamed and shouted for help./duardo was arrested and char,ed with acts of lasciviousness. Isthe desi,nation of the crime correct$ '(- E -Faime >nd# and Fimm# laborers in the noodles factor# of Lu8e?an a,reed to 8ill him due to his arro,ance and miserliness. Dneafternoon the# sei+ed him and loaded him in a tai driven b#Mario. ?he# told Mario the# will onl# teach Lu8e a lesson in

Christian humilit#. Mario drove them to a fishpond in 3avotaswhere Lu8e was entrusted to /mil and Louie the fishpond

careta8ers as8in, them to hide Lu8e in their shac8 because hewas runnin, from the 3BI. ?he trio then left in Marios car for

Manila where the# called up Lu8es famil# and threatened themto 8ill Lu8e unless the# ,ive a ransom within 25 hours. n8nown

to them because of a lea8 the 8idnappin, was announced over the radio and ?1. /mil and Louie heard the broadcast and

panic8ed especiall# when the announcer stated that there is ashoot-to-8ill order for the 8idnappers. /mil and Louie too8 Lu8eto the seashore of a,at-da,atan where the# smashed his headwith a shovel and buried him in the sand. 9owever the# wereseen b# a barangay kagawad who arrested them and brou,ht

them to the police station. pon interro,ation the# confessed and pointed to Faime >nd# Fimm# and Mario as those responsible for

the 8idnappin,. Later the 5 were arrested and char,ed.hat crime or crimes did the 6 suspects commit$ '(

- EI ->na has been a bar ,irl@%:D at a beer house for more than 2#ears. 7he fell in love with Dnio8 the bartender whoimpre,nated her. But >na did not inform him about her conditionand instead went home to Cebu to conceal her shame. 9oweverher parents drove her awa#. 7o she returned to Manila and sta#edwith Dnio8 in his boardin, house. pon learnin, of her

pre,nanc# alread# in an advanced state Dnio8 tried to persuadeher to under,o an abortion but she refused. Because of their constant and bitter !uarrels she suffered birth pan,s and ,ave

birth prematurel# to a live bab# ,irl while Dnio8 was at his placeof wor8. pon comin, home and learnin, what happened he

prevailed upon >na to conceal her dishonor. 9ence the# placedthe infant in a shoe bo and threw it into a nearb# cree8.9owever an in!uisitive nei,hbor saw them and with the help of others retrieved the infant who was alread# dead from drownin,.?he incident was reported to the police who arrested >na andDnio8. ?he 2 were char,ed with parricide under >rticle 256 of the :evised enal Code. >fter trial the# were convicted of thecrime char,ed.as the conviction correct$ '(- EII -

Fud,e :od :e#es was appointed b# former resident *idel :amosas eput# Dmbudsman for the 1isa#as for a term of 4 #ears

commencin, on Ful# ' )AA'. 7i months thereafter a lad#steno,rapher filed with the Dffice of the Dmbudsman a complaint

for acts of lasciviousness and with the 7upreme Court a petitionfor disbarment a,ainst him. *orthwith he filed separate motions

to dismiss the complaint for acts of lasciviousness and petition for disbarment claimin, lac8 of "urisdiction over his person and

office.>re both motions meritorious$ '(- EIII -an, was a beaut# !ueen in a universit#. Fob a rich classmatewas so enamored with her that he persistentl# wooed and pursued



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her. an, bein, in love with another man re"ected him. ?hisan,ered Fob. 7ometime in 7eptember 200& while an, and her

sister L#n were on their wa# home Fob and his minor friend 3ono# ,rabbed them and pushed them inside a white van. ?he#

brou,ht them in an abandoned warehouse where the# forced themto dance na8ed. ?hereafter the# brou,ht them to a hill in anearb# barangay where the# too8 turns rapin, them. >fter satisf#in, their lust Fob ordered 3ono# to push an, down aravine resultin, in her death. L#n ran awa# but Fob and 3ono#chased her and pushed her inside the van. ?hen the duo droveawa#. L#n was never seen a,ain.

&. hat crime or crimes were committed b# Fob and 3ono#$ 2.'(

5. hat penalties should be imposed on them$ 2.'('. ill 3ono#s minorit# eculpate him$ 2.'(6. Is the non-recover# of L#ns bod# material to the criminal

2.'(- EI1 -In a crime of homicide the prosecution failed to present an#receipt to substantiate the heirs claim for an award of actualdama,es such as epenses for the wa8e and burial.hat 8ind of dama,es ma# the trial court award to them and howmuch$ '(- E1 -

4. GH pH st#leHfont-si+eJ )5pK tet-decorationJ noneKcolorJ r,b;0 0 )2=K font-famil#J arial verdanaK

hat is that offense$ /plain. 2.'(urin, the preliminar# investi,ation and up to the trial

proper :ene and ante contended that if the# were to beheld liable their liabilit# should be limited onl# to the

newl#-cut lo,s found in their possession but not to thosefound outside the ,ate.

If #ou were the "ud,e what will be #our rulin,$ 2.'(- E1I -

>fter receivin, a reliable information that ante Dn, a notoriousdru, smu,,ler was arrivin, on >L *li,ht 3o. : )) 3Chief Inspector 7amuel %amboa formed a ,roup of anti-dru,a,ents. hen Dn, arrived at the airport the ,roup arrested himand sei+ed his attach case. pon inspection inside the

Immi,ration holdin, area the attach case #ielded ' plastic ba,sof heroin wei,hin, '00 ,rams. Chief Inspector %amboa too8 the

attach case and boarded him in an unmar8ed car driven b# D&epito Lorbes. Dn the wa# to Camp Crame and upon nearin,

hite lains corner /dsa Chief Inspector %amboa ordered D&Lorbes to stop the car. ?he# brou,ht out the dru,s from the casein the trun8 and ,ot & plastic sac8s of heroin. ?he# then told Dn,to ali,ht from the car. Dn, left with the 2 remainin, plastic sac8sof heroin. Chief Inspector %amboa advised him to 8eep silent and,o home which the latter did. n8nown to them an 3BI team of a,ents had been followin, them and witnessed the transaction.?he# arrested Chief Inspector %amboa and D& Lorbes.Meanwhile another 3BI team followed Dn, and li8ewisearrested him. >ll of them were later char,ed.hat are their respective criminal liabilities$ '(- E1II ->lin, Maria received an ur,ent telephone call from Funior her eldest son as8in, for 2000.00 to complete his semestral tuitionfees preparator# to his final eams in Commerce. istressed anddisturbed she borrowed mone# from her compadre Man, Fuanwith the assurance to pa# him within 2 months. ?wo monthslapsed but >lin, Maria failed to settle her obli,ation. Man, Fuantold >lin, Maria that she does not have to pa# the loan if she willallow her #oun,est )0-#ear old dau,hter >nnie to wor8 as ahousemaid in his house for 2 months at )000.00 a month.espite >lin, Marias ob"ection Man, Fuan insisted and brou,ht

>nnie to his house to wor8 as a maid.. as a crime committed b# Man, Fuan when he brou,ht

>nnie to his house as maid for the purpose of repa#in,her mothers loan$ 2.'(

A. If >lin, Maria herself was made to wor8 as a housemaidin Man, Fuans household to pa# her loan did he commit

a crime$ 2.'( NOTHING FOLLOWS.

2004

I.

(10%)



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hat are the penalties that ma# be served simultaneousl#$

II.

(10%)

?iburcio as8ed >nastacio to "oin their ,roup for a session. ?hin8in, that

it was for a mahjng session >nastacio a,reed. pon reachin, ?iburcioNs

house >nastacio discovered that it was actuall# a shab! session. >t that

precise time the place was raided b# the police and >nastacio was

amon, those arrested.

hat crime can >nastacio be char,ed with if an#$ /plain #our answer.

III.

(10%)

Fervis and Marlon as8ed their friend Fonathan to help them rob a ban8.

Fervis and Marlon went inside the ban8 but were unable to ,et an# mone#

from the vault because the same was protected b# a time-dela#

mechanism. ?he# contented themselves with the customerNs cellphones

and a total of '000 in cash. >fter the# dashed out of the ban8 and

rushed into the car Fonathan pulled the car out of the curb hittin, a

pedestrian which resulted in the latterNs death.

hat crime or crimes did Fervis Marlon and Fonathan commit$ /plain

#our answer.

IV.

(10%)

Mac8# a securit# ,uard arrived home late one ni,ht after renderin,

overtime. 9e was shoc8ed to see Fo# his wife and Oen his best friend in

the act of havin, seual intercourse. Mac8# pulled out his service ,un and

shot and 8illed Oen.

?he court found that Oen died under eceptional circumtances and

eonerated Mac8# of murder but sentenced him to destierr conformabl#

with >rticle 254 of the :evised enal Code. ?he court also ordered

Mac8# to pa# indemnit# to the heirs of the victim in the amount of

'0000.

a. id the court correctl# order Mac8# to pa# indemnit# even

thou,h he was eonerated of murder$ /plain #our answer.

b. hile servin, his sentenced Mac8# entered the prohibited area

and had a pot session with Iv# ;Fo#Ns sister=. Is Mac8# entitled to

an indeterminate sentence in case he is found ,uilt# of the use of

prohibited substances$ /plain #our answer.

V.

(10%)

a. istin,uish between an accomplice and a conspirator.

b. hat are the three ;&= classes of offender in the crime of !ualified

seduction$ %ive an eample of each.

VI.

(10%)

hat are the different acts of incitin, to sedition$

VII.

(10%)

/ddie brou,ht his son :and# to a local faithhealer 8nown as

Mother Himala. 9e was dia,nosed b# the faithhealer as bein,

possessed b# an evil spirit. /ddie thereupon authori+ed the conduct of a

treatment calculated to drive the spirit from the bo#Ns bod#.

nfortunatel# the procedure conducted resulted in the bo#Ns death.



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?he faithhealer and tree others who were part of the healin, ritual were

char,ed with murder and convicted b# the lower court. If #ou are

appellate court Fustice would #ou sustain the conviction upon appeal$

/plain #our answer.

VIII

(10%)

*e is the mana,er of a rice mill in Bulacan. In order to support a ,amblin,

debt *e made it appear that the rice mill was earnin, less than it actuall#

was b# writin, in a talaan or led,er a fi,ure lower than what was

collected and paid b# their customers. *e then poc8eted the difference.

hat crime@s did *e commit If an#$ /plain #our answer.

IX.

(10%)

urin, a concert of %ar# 1. and in order to prevent the crowd from

rushin, to the sta,e :afael adilla Pa securit# ,uard pointed his ,un at

the onrush of people. hen the crowd still pushed forward :afael fired

his ,un into air to scare them off. 9owever the bullet hit one of the metal

roof supports ricocheted and then hit one of the sta,e crew members

causin, in"uries which resulted in the latterNs confinement in a hospital for

twelve da#s.

hat crime@s did :afael commit$ /plain #our answer.

X.

(10%)

in8# was a lessee of a mar8et stall owned b# %iovanni. hen in8#

refused to pa# her rental %iovanni nailed some wooden barricades on one

of the sides of the mar8et stall and posted this warnin,J e have closed

this portion of the door. o not open it or else somethin, ma# happen to

#ou.

hat crime@s did %iovanni commit if an#$ /plain #our answer.

NOTHING FOLLOWS.

200

I

a. >fter due hearin, on a petition for a writ of amparo founded on

the acts of enforced disappearance and etrale,al 8illin, of the

son of the complainant alle,edl# done b# the respondent militar#

officers the court ,ranted the petition. Ma# the militar# officers

be criminall# char,ed in court with enforced disappearance and

etrale,al 8illin,$ /plain full#. ;&(=

b. >re human ri,hts violations considered as crimes in the

hilippines$ /plain. ; &( =

II

hile Carlos was approachin, his car he saw it bein, driven awa# b#

aolo a thief. Carlos tried to stop aolo b# shoutin, at him but aolo

i,nored him. ?o prevent his car from bein, carnapped Carlos drew his

,un aimed at the rear wheel of the car and fired. ?he shot blew the tire

which caused the car to veer out of control and collide with an oncomin,

tric#cle 8illin, the tric#cle driver.

a. hat is the criminal liabilit# of Carlos if an#$ /plain. ; 5( =

b. hat is the criminal liabilit# of aolo if an#$ /plain. ; 5( =

III



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Dlimpio cau,ht a cold and was runnin, a fever. 9is doctor prescribed

paracetamol. Dlimpio went to a dru, store with the prescription and the

pharmacist sold him three;&= tablets. pon arrivin, home he too8 a

tablet. Dne hour later he had a sei+ure and died. ?he autops# showed that

the tablet he had ta8en was not paracetamol but a pill to which he was

aller,ic. ?he pharmacist was char,ed with murder. Is the char,e proper$ If

not what should it be$ /plain. ; 6( =

I1

Manolo revealed to his friend omen, his desire to 8ill Cece. 9e li8ewise

confided to omen, his desire to borrow his revolver. omen, lent it.

Manolo shot Cece in Manila with omen,s revolver. >s his ,un was

used in the 8illin,omen, as8ed Ma#or ?an to help him escape. ?he

ma#or ,ave omen, '000.00 and told him to proceed to Mindanao to

hide. omen, went to Mindanao. ?he ma#or was later char,ed as an

accessor# to Ceces murder.

a. Can he be held liable for the char,e$ /plain. ; 5 ( =

b. Can he be held liable for an# other offense$ /plain full#. ; &( =

1

/man a va,rant found a ba, containin, identification cards and a

diamond rin, alon, :oas Blvd. Onowin, that it was not his he went to a

nearest police station to see8 help in findin, the owner of the ba,. >t the precint D) Melvin attended to him. In the investi,ation /man proposed

to D) Melvin in case #ou dont find the owner lets "ust pawn strai,ht

to the pawnshop and pawned the rin, for '0000.00 /man never saw

D) Melvin a,ain.

a. hat is the criminal liabilit# of /man If an#$ /plain. ; &( =

b. hat is the criminal liabilit# of D) Melvin is an#$ /plain

; &( =

1I

9ubert and /unice were married in the hilippines. 9ubert too8 ,raduate

studies in 3ew


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1III

*rancis and Foan were sweethearts but their parents had ob"ected to their

relationship because the# were first cousins. ?he# for,ed a pact in writin,

to commit suicide. ?he a,reement was shoot each other in the head which

the# did. Foan died. ue to medical assistance *rancis survived. Is

*rancis criminall# liable for the death of Foan$ /plain. ; '( =

IE

ennis leased his apartment to M#la for )0000 a month. M#la failed to

pa# the rent for &months. %abriel the son of ennis prepared a demand

letter falsel# alle,in, that his father had authori+ed him to collect the

unpaid rentals. M#la paid the unpaid rentals to %abriel who 8ept the

pa#ment.

a. id %abriel commit a crime$ /plain. ; 5( =

b. Can %abriel invo8e his relationship with ennis to avoid criminal

liabilit#$ /plain. ; &( =

E

pon openin, a letter containin, )4 mone# orders the mail carrier for,ed

the si,natures of the pa#ees on the mone# order and encashed them. hat

crime or crimes did the mail carrier commit$ /plain briefl#. ; 6( =

EI

:ic8# was reviewin, for the bar eam when the commander of a vi,ilante

,roup came to him and showed him a list of five policemen to be

li!uidated b# them for ,raft and corruption. 9e was further as8ed if an# of

them is innocent. >fter ,oin, over the list :ic8# pointed to two of the

policemen as honest. Later the vi,ilante ,roup li!uidated the three other

policemen in the list. ?he commander of the vi,ilante ,roup reported the

li!uidation to :ic8#. Is :ic8# criminall# liable$ /plain. ; 4( =

EII

:aissa and Martin are married to each other but had been separated for

the last five #ears. :aissa decided to wed Fuan her suitor. ho had no

in8lin, that she was married. :aissa and Fuan accomplished an

application for marria,e license which the# subscribed and swore to

before the Local Civil :e,istrar. :aissa declared in the application that

she is sin,le. ?he marria,e licensed was issued. In due time the couple

were married b# the ma#or. :aissa and Fuan had their first seual

intercourse later in the evenin,.

hat crime or crimes if an# did :aissa commit$ /plain briefl#. ; 4( =

EIII

Lucas had been the sta#-in housebo# of spouses 3estor and Fulia for *ive


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/liseo the deput# sheriff conducted the eecution sale of the propert# of

>ndres to satisf# the "ud,ment a,ainst him in favor of >BC Corporation

a ,overnment-owned or controlled corporation with an ori,inal charter.

9owever the representative of the corporation failed to attend the auction

sale. %on+alo the winnin, bidder purchased propert# for )00000

which he paid to /liseo. Instead of remittin, the amount to the Cler8 of

Court as e-officio rovincial 7heriff /liseo lent the amount to M#rna

his officemate who promised to repa# the amount within two months

with interest thereon. 9owever M#rna rene,ed on her promise. espite

demands of >BC Corporation /liseo failed to remit the said amount.

a. 7tate with reasons the crime or crimes if an# committed b#

/liseo. ; 5( =

b. ould #our answer to the first !uestion be the same if >BC

Corporattion were a private corporation$ /plain. ; &( =

E1

:o,er the leader of a crime s#ndicate in Malate Manila demanded the

pa#ment b# >ntonio the owner of a motel in that area of )0000 a

month as protection mone#. ith the monthl# pa#ment :o,er assured

the s#ndicate would provide protection to >ntonio his business and his

emplo#ees. 7hould >ntonio refuse :o,er warned the motel owner would

either be 8illed or his establishment destro#ed. >ntonio refused to pa# the

protection mone#. a#s later at round &J00 in the mornin, Mauro a

member of the criminal s#ndicate arrived at >ntonios home and hurled a,renade inti an open window of the bedroom where >ntonio his wife and

their three #ear-old dau,hter were sleepin,. >ll three of them were 8illed

instantl# when the ,renade eploded.

7tate with reason the crime or crimes that had been committed as well as

the a,,ravatin, circumstances if an# attendant thereto.;4(=

NOTHING FOLLOWS.

200A

I

a. >fter due hearin, on a petition for a writ of amparo founded on

the acts of enforced disappearance and etrale,al 8illin, of the

son of the complainant alle,edl# done b# the respondent militar#officers the court ,ranted the petition. Ma# the militar# officers

be criminall# char,ed in court with enforced disappearance and

etrale,al 8illin,$ /plain full#. ;&(=

b. >re human ri,hts violations considered as crimes in the

hilippines$ /plain. ; &( =

II

hile Carlos was approachin, his car he saw it bein, driven awa# b#

aolo a thief. Carlos tried to stop aolo b# shoutin, at him but aolo

i,nored him. ?o prevent his car from bein, carnapped Carlos drew his

,un aimed at the rear wheel of the car and fired. ?he shot blew the tire

which caused the car to veer out of control and collide with an oncomin,

tric#cle 8illin, the tric#cle driver.

a. hat is the criminal liabilit# of Carlos if an#$ /plain. ; 5( =

b. hat is the criminal liabilit# of aolo if an#$ /plain. ; 5( =

III

Dlimpio cau,ht a cold and was runnin, a fever. 9is doctor prescribed

paracetamol. Dlimpio went to a dru, store with the prescription and the

pharmacist sold him three;&= tablets. pon arrivin, home he too8 a

tablet. Dne hour later he had a sei+ure and died. ?he autops# showed that

the tablet he had ta8en was not paracetamol but a pill to which he was



9/46

aller,ic. ?he pharmacist was char,ed with murder. Is the char,e proper$ If

not what should it be$ /plain. ; 6( =

I1

Manolo revealed to his friend omen, his desire to 8ill Cece. 9e li8ewise

confided to omen, his desire to borrow his revolver. omen, lent it.

Manolo shot Cece in Manila with omen,s revolver. >s his ,un was

used in the 8illin,omen, as8ed Ma#or ?an to help him escape. ?he

ma#or ,ave omen, '000.00 and told him to proceed to Mindanao to

hide. omen, went to Mindanao. ?he ma#or was later char,ed as an

accessor# to Ceces murder.

a. Can he be held liable for the char,e$ /plain. ; 5 ( =

b. Can he be held liable for an# other offense$ /plain full#. ; &( =

1

/man a va,rant found a ba, containin, identification cards and a

diamond rin, alon, :oas Blvd. Onowin, that it was not his he went to a

nearest police station to see8 help in findin, the owner of the ba,. >t the

precint D) Melvin attended to him. In the investi,ation /man proposed

to D) Melvin in case #ou dont find the owner lets "ust pawn strai,ht

to the pawnshop and pawned the rin, for '0000.00 /man never saw

D) Melvin a,ain.

a. hat is the criminal liabilit# of /man If an#$ /plain. ; &( =

b. hat is the criminal liabilit# of D) Melvin is an#$ /plain

; &( =

1I

9ubert and /unice were married in the hilippines. 9ubert too8 ,raduate

studies in 3ew


10/46

the# did. Foan died. ue to medical assistance *rancis survived. Is

*rancis criminall# liable for the death of Foan$ /plain. ; '( =

IE

ennis leased his apartment to M#la for )0000 a month. M#la failed to

pa# the rent for &months. %abriel the son of ennis prepared a demand

letter falsel# alle,in, that his father had authori+ed him to collect the

unpaid rentals. M#la paid the unpaid rentals to %abriel who 8ept the

pa#ment.

a. id %abriel commit a crime$ /plain. ; 5( =

b. Can %abriel invo8e his relationship with ennis to avoid criminal

liabilit#$ /plain. ; &( =

E

pon openin, a letter containin, )4 mone# orders the mail carrier for,ed

the si,natures of the pa#ees on the mone# order and encashed them. hat

crime or crimes did the mail carrier commit$ /plain briefl#. ; 6( =

EI

:ic8# was reviewin, for the bar eam when the commander of a vi,ilante

,roup came to him and showed him a list of five policemen to be

li!uidated b# them for ,raft and corruption. 9e was further as8ed if an# of them is innocent. >fter ,oin, over the list :ic8# pointed to two of the

policemen as honest. Later the vi,ilante ,roup li!uidated the three other

policemen in the list. ?he commander of the vi,ilante ,roup reported the

li!uidation to :ic8#. Is :ic8# criminall# liable$ /plain. ; 4( =

EII

:aissa and Martin are married to each other but had been separated for

the last five #ears. :aissa decided to wed Fuan her suitor. ho had no

in8lin, that she was married. :aissa and Fuan accomplished an

application for marria,e license which the# subscribed and swore to

before the Local Civil :e,istrar. :aissa declared in the application that

she is sin,le. ?he marria,e licensed was issued. In due time the couple

were married b# the ma#or. :aissa and Fuan had their first seual

intercourse later in the evenin,.

hat crime or crimes if an# did :aissa commit$ /plain briefl#. ; 4( =

EIII

Lucas had been the sta#-in housebo# of spouses 3estor and Fulia for *ive

BC Corporation

a ,overnment-owned or controlled corporation with an ori,inal charter.

9owever the representative of the corporation failed to attend the auction

sale. %on+alo the winnin, bidder purchased propert# for )00000

which he paid to /liseo. Instead of remittin, the amount to the Cler8 of



11/46

Court as e-officio rovincial 7heriff /liseo lent the amount to M#rna

his officemate who promised to repa# the amount within two months

with interest thereon. 9owever M#rna rene,ed on her promise. espite

demands of >BC Corporation /liseo failed to remit the said amount.

a. 7tate with reasons the crime or crimes if an# committed b#

/liseo. ; 5( =

b. ould #our answer to the first !uestion be the same if >BC

Corporattion were a private corporation$ /plain. ; &( =

E1

:o,er the leader of a crime s#ndicate in Malate Manila demanded the

pa#ment b# >ntonio the owner of a motel in that area of )0000 a

month as protection mone#. ith the monthl# pa#ment :o,er assured

the s#ndicate would provide protection to >ntonio his business and his

emplo#ees. 7hould >ntonio refuse :o,er warned the motel owner would

either be 8illed or his establishment destro#ed. >ntonio refused to pa# the

protection mone#. a#s later at round &J00 in the mornin, Mauro a

member of the criminal s#ndicate arrived at >ntonios home and hurled a

,renade inti an open window of the bedroom where >ntonio his wife and

their three #ear-old dau,hter were sleepin,. >ll three of them were 8illed

instantl# when the ,renade eploded.

7tate with reason the crime or crimes that had been committed as well as

the a,,ravatin, circumstances if an# attendant thereto.;4(=

NOTHING FOLLOWS.

20)0>:? I

I

>n a,oni+in, and protracted trial havin, come to a close the "ud,e found

> ,uilt# be#ond reasonable doubt of homicide and imposed on him astrai,ht penalt# of 7IE ;6= :7 and D3/ ;)= >< of prision ma#or.

?he public prosecutor ob"ected to the sentence on the ,round that the proper penalt# should have been ?/L1/ ;)2= :7 and D3/ ;)=>< of reclusion temporal.

?he defense counsel chimed in contendin, that application of theIndeterminate 7entence Law should lead to the imposition of a strai,ht

penalt# of 7IE ;6= MD3?97 and D3/ ;)= >< of prision correccionalonl#. ho of the three is on the ri,ht trac8$ /plain. ;&(=

II

hat is the crime of !ualified briber#$ ;2(=

Ma# a "ud,e be char,ed and prosecuted for such felon#$ 9ow about a

public prosecutor$ > police officer$ /plain. ;'(=

III

Ma# a public officer char,ed under 7ection &;b= of :epublic >ct 3o.&0)A Rdirectl# or indirectl# re!uestin, or receivin, an# ,ift presentshare percenta,e or benefit for himself or for an# other person in

connection with an# contract or transaction between the ,overnment andan# other part# wherein the public officer in his official capacit# has to

intervene under the lawS also be simultaneousl# or successivel# char,edwith direct briber# under >rticle 2)0 of the :evised enal Code$ /plain.

;5(=

I1

Because of the barbarit# and hideousness of the acts committed b# thesuspects@respondents in cuttin, off their victimsN appenda,es stuffin,their torsos le,s bod# parts into oil drums and bullet-riddled vehicles andlater on bur#in, these oil drums vehicles with the use of bac8hoes andother earth-movin, machiner# the Commission on 9uman :i,hts ;C9:=



12/46

investi,atin, team recommended to the panel of public prosecutors thatall respondents be char,ed with violation of the 9einous Crimes Law.

?he prosecution panel a,reed with the C9:. >s the Chief rosecutor tas8ed with approvin, the filin, of the Information how will #ou pass

upon the recommendation$ /plain. ;'(=

1

>rlene is en,a,ed in the bu# and sell of used ,arments more popularl#8nown as u8a#-u8a#. >mon, the items found b# the police in a raid of her store in Ba,uio Cit# were brand-new Louie *eraud bla+ers.

>rlene was char,ed with fencin,. ill the char,e prosper$ h# or wh#not$ ;'(=

1I

?here bein, probable cause to believe that certain deposits andinvestments in a ban8 are related to an unlawful activit# of smu,,lin, b#

>lessandro as defined under :epublic >ct ;:>= 3o. A)60 as amended;>nti-Mone# Launderin, >ct= an application for an order to allow in!uir#into his deposit was filed with the :e,ional ?rial Court.

>fter hearin, the application the court ,ranted the application and issueda free+e order.

ass upon the correctness of the courtNs order. /plain. ;&(=

1II

> widower of ten #ears septua,enarian Canuto felt that he had license toen,a,e in vo#eurism. If not peepin, into his nei,hborsN rooms throu,h his

powerful sin,le-c#linder telescope he would trail #oun, shapel# damselsalon, the hallwa#s of shoppin, malls. hile ,oin, up the escalator he

sta#ed a step behind a mini-s8irted one and in a moment of ecitement put his hand on her left hip and massa,ed it. ?he damsel screamed andhollered for help. Canuto was apprehended and brou,ht up on in!uest.hat char,e@s if an# ma# he be held responsible for$ /plain. ;'(=

1III

> as8ed financial support from her showbi+ friend B who accommodatedher b# issuin, in her favor a postdated chec8 in the sum of A0000.00.

Both of them 8new that the chec8 would not be honored because BNsaccount had "ust been closed. ?he two then approached trader C whomthe# as8ed to chan,e the chec8 with cash even a,reein, that theechan,e be discounted at '000.00 with the assurance that the chec8

shall be funded upon maturit#. pon CNs presentment of the chec8 for pa#ment on due date it was dishonored because the account had alread# been closed.

hat action@s ma# C commence a,ainst > and B to hold them to accountfor the loss of her '000.00$ /plain. ;'(=

IE

roserfina an assistant public hi,h school principal acted to facilitate therelease of salar# differentials and election dut# per diem of classroom

teachers with the a,reement that the# would reimburse her for her epenses.

id roserfina commit a crime$ /plain. ;'(=

E

> B and C are members of 7*C *raternit#. hile eatin, in a seasiderestaurant the# were attac8ed b# E < and T members of a rival

fraternit#. > rumble ensued in which the abovenamed members of the twofraternities assaulted each other in a confused and tumultuous manner

resultin, in the death of >. >s it cannot be ascertained who actuall# 8illed> the members of the two fraternities who too8 part in the rumble were

char,ed for death caused in a tumultuous affra#. ill the char,e prosper$/plain. ;5(=

EI

>n,elina maintains a website where visitors can ,ive their comments onthe posted pictures of the ,oods she sells in her eclusive bouti!ue.



13/46

Bettina posted a comment that the red Bir8in ba, shown in >n,elinaNswebsite is fa8e and that >n,elina is 8nown to sell counterfeit items.

>n,elina wants to file a case a,ainst Bettina. 7he see8s #our advice. hat

advice will #ou ,ive her$ ;5(=

>:? II

EII

efine Mone# Launderin,. hat are the three ;&= sta,es in mone#launderin,$ ;&(=

hat is the doctrine of pro reo$ 9ow does it relate to >rticle 5 of the:evised enal Code$ ;&(=

EIII

hile his wife was on a 2-#ear scholarship abroad :omeo was havin, an

affair with his maid ulcinea. :eali+in, that the affair was ,oin,nowhere ulcinea told :omeo that she was ,oin, bac8 to the province tomarr# her childhood sweetheart. Clouded b# an,er and "ealous# :omeostran,led ulcinea to death while she was sleepin, in the maidNs !uarters.

?he followin, da# :omeo was found catatonic inside the maidNs !uarters.9e was brou,ht to the 3ational Center for Mental 9ealth ;3CM9= where

he was dia,nosed to be mentall# unstable.

Char,ed with murder :omeo pleaded insanit# as a defense.

ill :omeoNs defense prosper$ /plain. ;2(=

hat is the effect of the dia,nosis of the 3CM9 on the case$ ;2(=

EI1

aul lives with his lon,-time ,irlfriend Foan in a ondominium in Ma8ati.*or more than a #ear he has been secretl# savin, mone# in an envelopeunder their bed to bu# her an en,a,ement rin,. Dne da# while Foan was

cleanin, their room she found the envelope too8 the mone# and leftaul. >s prosecutor what crime if an# would #ou char,e Foan$ /plain.

;&(=

E1

7uspectin, that her husband of twent# #ears was havin, an affair Leilaniehired a private investi,ator to sp# on him. >fter two wee8s the private

investi,ator showed Leilanie a video of her husband havin, seualintercourse with another woman in a room of a five-star hotel. Based onwhat she saw on the video Leilanie accused her husband of concubina,e.

ill the case of concubina,e prosper$ /plain. ;&(=

E1I

?he president treasurer and secretar# of >BC Corporation were char,edwith s#ndicated estafa under the followin, InformationJ

?hat on or about the )st wee8 of Fanuar# 20)0 or subse!uent thereto inCebu Cit# and within the "urisdiction of this 9onorable Court the above-named accused conspirin, and confederatin, to,ether and all of themmutuall# helpin, and aidin, one another in a s#ndicated manner throu,ha corporation re,istered with the 7ecurities and /chan,e Commission;7/C= with intention of carr#in, out the unlawful or ille,al acttransaction enterprise or scheme with intent to ,ain and b# means of

fraud and deceit did then and there wilfull# unlawfull# and feloniousl#defraud 1irna Lana eborah and several other persons b# falsel# or

fraudulentl# pretendin, or representin, in a transaction or series of transactions which the# made with complainants and the public in

,eneral to the effect that the# were in a le,itimate business of forei,nechan,e tradin, successivel# or simultaneousl# operatin, under the

name and st#le of >BC Corporation and /* Mana,ement hilippinesIncorporated induced and succeeded in inducin, complainants and

several other persons to ,ive and deliver to said accused the amount of atleast 20000000.00 on the stren,th of said manifestations andrepresentations the accused 8nowin, full# well that the abovenamedcorporations re,istered with the 7/C are not licensed nor authori+ed toen,a,e in forei,n echan,e tradin, and that such manifestations and



14/46

representations to transact in forei,n echan,e were false and fraudulentthat these resulted to the dama,e and pre"udice of the complainants and

other persons and that the defraudation pertains to funds solicited fromthe public in ,eneral b# such corporations@associations.

ill the case for s#ndicated estafa prosper$ /plain. ;'(=

E1II

> 8illed his wife and buried her in their bac8#ard. 9e immediatel# wentinto hidin, in the mountains.

?hree #ears later the bones of >Ns wife were discovered b# E the,ardener. 7ince E had a standin, warrant of arrest he hid the bones in anold cla# "ar and 8ept !uiet about it. >fter two #ears T the careta8erfound the bones and reported the matter to the police.

>fter )' #ears of hidin, > left the countr# but returned three #ears later to ta8e care of his ailin, siblin,. 7i #ears thereafter heG was char,ed

with parricide but raised the defense of prescription.

nder the :evised enal Code when does the period of prescription of acrime commence to run$ ;)(=

hen is it interrupted$ ;)(=

Is >Ns defense tenable$ /plain. ;&(=

E1III

Dn her wa# home /va Marie saw an in"ured chow chow pupp# behind a bush. 7ince the pupp# did not have a collar she brou,ht it home so she

could have it as a pet. 9er son in fact be,,ed /va Marie to 8eep the pupp#. ?he followin, da# /va Marie bou,ht a collar for the pupp# and

brou,ht it to a veterinarian for treatment.

id /va Marie incur criminal liabilit# in brin,in, the pupp# home as a pet$ /plain. ;2(=

id she incur civil liabilit#$ /plain. ;2(=

EIE

Fac8 and Fill have been married for seven #ears. Dne ni,ht Fac8 camehome drun8. *indin, no food on the table Fac8 started hittin, Fill onl# toapolo,i+e the followin, da#.

> wee8 later the same episode occurred U Fac8 came home drun8 andstarted hittin, Fill.

*earin, for her life Fill left and sta#ed with her sister. ?o woo Fill bac8Fac8 sent her floral arran,ements of spotted lilies and confectioneries.?wo da#s later Fill returned home and decided to ,ive Fac8 another chance. >fter several da#s however Fac8 a,ain came home drun8. ?hefollowin, da# he was found dead.

Fill was char,ed with parricide but raised the defense of battered womans#ndrome.

efine Battered oman 7#ndrome. ;2(=

hat are the three phases of the Battered oman 7#ndrome$ ;& (=

ould the defense prosper despite the absence of an# of the elements for "ustif#in, circumstances of self-defense under the :evised enal Code$

/plain. ;2(=

EE

Matt was found ,uilt# of dru, traffic8in, while his #oun,er brother Feff was found ,uilt# of possession of e!uipment instrument apparatus and

other paraphernalia for dan,erous dru,s under 7ection )2 of :epublic >ct 3o. A)6'.

Matt filed a petition for probation. Feff appealed his conviction durin, the pendenc# of which he also filed a petition for probation.



15/46

?he brothersN counsel ar,ued that the# bein, first time offenders their petitions for probation should be ,ranted. 9ow would #ou resolve the

brothersN petitions for probation$ /plain. ;&(=

EEI

Because peace ne,otiations on the 7pratl#s situation had failed theeopleNs :epublic of China declared war a,ainst the hilippines. M#ra a

*ilipina who lives with her Italian epatriate bo#friend discovered e-mailcorrespondence between him and a certain %eneral ?un, Oat 7u of China.

Dn March )2 20)0 M#ra discovered that on even date her bo#friend hadsent an e-mail to %eneral ?un, Oat 7u in which he a,reed to providevital information on the militar# defense of the hilippines to the Chinese,overnment in echan,e for ) million and his safe return to Ital#. ?wowee8s later M#ra decided to report the matter to the proper authorities.

id M#ra commit a crime$ /plain. ;&(=

EEII

Immediatel# after murderin, Bob Fa8e went to his mother to see8 refu,e.9is mother told him to hide in the maidNs !uarters until she finds a better

place for him to hide. >fter two da#s Fa8e transferred to his auntNs house.> wee8 later Fa8e was apprehended b# the police. Can Fa8eNs mother andaunt be made criminall# liable as accessories to the crime of murder$

/plain. ;& (=

EEIII

Christopher Fohn :ichard and Lu8e are fraternit# brothers. ?o protectthemselves from rival fraternities the# all carr# ,uns wherever the# ,o.

Dne ni,ht after attendin, a part# the# boarded a taicab held the driver at ,unpoint and too8 the latterNs earnin,s.

hat crime if an# did the four commit$ /numerate the elements of thecrime. ;2(=

ould #our answer be the same if the# 8illed the driver$ /plain. ;2(=

3D?9I3% *DLLD7.

20))Bar Examination Questionnaire for Criminal Law

Set A

;)= Isabel a housemaid bro8e into a pawnshop intent on stealin, items of "ewelr# in it. 7he found however that the "ewelr# were in a loc8ed chest.

nable to open it she too8 the chest out of the shop. hat crime did shecommit$

;>= :obber# in an uninhabited place or in a private buildin,;B= ?heft;C= :obber# in an inhabited house or public buildin,.;= Qualified theft

;2= ?he alternative circumstance of relationship shall 3D? be considered between

;>= mother-in-law and dau,hter-in-law.;B= adopted son and le,itimate natural dau,hter.;C= aunt and nephew.

;= stepfather and stepson.;&= >rthur Ben and Cesar !uarreled with %len while the# were at thelatterNs house. /nra,ed >rthur repeatedl# stabbed %len while Ben andCesar pinned his arms. hat a,,ravatin, circumstance if an# attended the8illin, of %len$

;>= /vident premeditation.;B= 3one.

;C= >buse of superior stren,th.;= ?reacher#.

;5= ?he presence of a miti,atin, circumstance in a crime;>= increases the penalt# to its maimum period.

;B= chan,es the ,ravit# of the offense.;C= affects the imposable penalt# dependin, on other modif#in,

circumstances.;= automaticall# reduces the penalt#.

;'= 9e is an accomplice who;>= a,reed to serve as a loo8out after his companions decided tomurder the victim.;B= watched !uietl# as the murderer stabbed his victim.



16/46

;C= helped the murderer find the victim who was hidin, to avoiddetection.

;= provided no help when he can to save the victim from d#in,.;6= rinciples of public international law eempt certain individuals from

the %eneralit# characteristic of criminal law. ho amon, the followin,are 3D? eempt from the %eneralit# rule$

;>= Ministers :esident;B= Commercial >ttache of a forei,n countr#

;C= >mbassador ;= Chiefs of Mission

;4= >s a modif#in, circumstance insanit#;>= is in the nature of confession and avoidance.;B= ma# be presumed from the offenderNs previous behavior.;C= ma# be miti,atin, if its presence becomes apparentsubse!uent to the commission of the crime.;= eempts the offender from criminal liabilit# whatever thecircumstances.

;= Teno and rimo as8ed Bert to ,ive them a s8etch of the location of >nd#Ns house since the# wanted to 8ill him. Bert a,reed and drew them

the s8etch. Teno and rimo drove to the place and 8illed >nd#. hatcrime did Bert commit$

;>= >ccomplice to murder since his cooperation was minimal.;B= >ccessor# to murder since his map facilitated the escape of the two.;C= 3one since he too8 no step to ta8e part in eecutin, thecrime.

;= rincipal to murder since he acted in conspirac# with Tenoand rimo.

;A= > police officer surreptitiousl# placed a mari"uana stic8 in a studentNs poc8et and then arrested him for possession of mari"uana ci,arette. hat

crime can the police officer be char,ed with$;>= 3one as it is a case of entrapment

;B= nlawful arrest;C= Incriminatin, an innocent person

;= Comple crime of incriminatin, an innocent person withunlawful arrest

;)0= ?he police officer in civilian clothes as8ed E where he can bu#shabu. E responded b# as8in, the officer how much of the dru, he

needed. hen he told him E left returned after a few minutes with theshabu ,ave it to the officer and too8 his mone#. E is

;>= liable for sellin, since the police operation was a validentrapment.

;B= not liable for sellin, since the police operation was an invalidentrapment.;C= liable for sellin, since the police operation was a valid formof insti,ation.

;= not liable since the police operation was an invalidinsti,ation.

;))= laintiff E said in his civil complaint for dama,es that defendant = 3o since pleadin,s filed in court are absolutel# privile,ed.;B= 3o since malice is not evident.;C=


17/46

;)5= ?he husband has for a lon, time ph#sicall# and mentall# tortured hiswife. >fter one episode of beatin, the wife too8 the husbandNs ,un and

shot him dead. nder the circumstances her act constitutes;>= miti,atin, vindication of ,rave offense.

;B= battered woman s#ndrome a complete self-defense.;C= incomplete self-defense.;= miti,atin, passion and obfuscation.

;)'= ?here is violation of >rt. &)6 :C ;Dther forms of 7windlin,=

where;>= the owner of propert# sells a propert# and subse!uentl#rescinds the sale.;B= the real propert# sub"ect of the sale does not eist.;C= the propert# was mort,a,ed for a usurious contract of loan.;= the owner disposes of his encumbered real propert# as if it isfree from encumbrances.

;)6= E a police officer placed a hood on the head of a suspected dru, pusher and watched as < and T police trainees beat up and tortured to,et his confession. E is liable as

;>= as accomplice in violation of the >nti-?orture >ct.

;B= a principal in violation of the >nti-?orture >ct.;C= a principal in violation of the >nti-9a+in, Law.;= an accomplice in violation of the >nti-9a+in, Law.

;)4= r. Chow a ,overnment doctor failed to submit his ail# ?ime:ecord ;?:= from Fanuar# to March 2000 and did not ,et approval of his sic8 leave application for >pril because of evidence that he wasactuall# moonli,htin, elsewhere. ?hus the medical irector caused the

withholdin, of his salar# for the periods in !uestion until he submitted his?:s in Ma# 2000. Can r. Chow prosecute the medical director for

causin, him undue in"ur# in violation of the >nti-%raft and Corruptractices >ct$

;>= = It is eculpator#.

;B= It is inculpator# an admission of the commission of thecrime.;C= ?he imposable penalt# will depend on what was not returned.;= It is miti,atin,.

;20= ?he echan,es of hi,hl# offensive words between two !uarrellin,women in the presence of a crowd of people constitute

;>= one count of ,rave slander a,ainst the woman who uttered themore insultin, epressions.;B= ,rave slander a,ainst the woman who started it and li,htslander a,ainst the other woman.;C= two separate counts of li,ht slander one for each woman.

;= two separate counts of ,rave slander one a,ainst each of them.

;2)= >n# person who havin, found lost propert# shall fail to deliver thesame to the local authorities or to its owner is liable for

;>= occupation or usurpation of personal propert#.;B= civil dama,es onl#.;C= theft.

;= other deceits.;22= > crime resultin, from ne,li,ence rec8less imprudence lac8 of

foresi,ht or lac8 of s8ill is called;>= dolo.

;B= culpa.;C= tortious crimes.

;= !uasi delict.;2&= ?o miti,ate his liabilit# for inflictin, ph#sical in"ur# to another an

accused with a ph#sical defect must prove that such defect restricted hisfreedom of action and understandin,. ?his proof is not re!uired where the

ph#sical defect consists of ;>= a severed ri,ht hand.;B= complete blindness.



18/46

;C= bein, deaf mute and dumb.;= a severed le,.

;25= >n etenuatin, circumstance which has the same effect as amiti,atin, circumstance is eemplified b#

;>= the mother 8illin, her 2-da# old child to conceal her dishonor.;B= the accused committin, theft out of etreme povert#.;C= the accused rapin, his victim in etreme state of passion.;= the accused surrenderin, the weapon he used in his crime to

the authorities.;2'= ?hree men ,ave >rnold fist blows and 8ic8s causin, him to fall. >sthe# surrounded and continued hittin, him he ,rabbed a 8nife he had inhis poc8et and stabbed one of the men strai,ht to the heart. hat crimedid >rnold commit$

;>= 9omicide with incomplete self-defense since he could haverun from his a,,ressors.;B= 9omicide since he 8new that stabbin, a person in the heart isfatal.;C= 9omicide miti,ated b# incomplete self-defense sincestabbin, a person to the heart is ecessive.

;= 3o crime since he needed to repel the a,,ression emplo#in,reasonable means for doin, so.

;26= > B and C a,reed to rob a house of its cash. > and B entered thehouse while C remained outside as loo8out. >fter ,ettin, the cash > andB decided to set the house on fire to destro# an# evidence of their

presence. hat crime or crimes did C commit$;>= :obber# and arson since arson too8 place as an incident of

the robber#.;B= :obber# and arson since C too8 no step to stop the arson.

;C= Fust for robber# since he onl# a,reed to it and served asloo8out.

;= >ccomplice to robber# since his role in the crime wasminimal.

;24= E a court emplo#ee wrote the presidin, "ud,e a letter imputin, to= 3o since malice is self-evident in the letter.;B= = lac8 of motive can result in conviction where the crime andthe accuseds part in it are shown.

;B= motive is material onl# where there is no evidence of criminalintent.

;C= lac8 of motive precludes conviction.;= the motive of an offender is absolutel# immaterial.

;&2= Minorit# is a privile,ed miti,atin, circumstance which operates toreduce the penalt# b# a de,ree where the child is

;>= )' #ears and below actin, without discernment.



19/46

;B= above )' #ears but below ) actin, without discernment.;C= below ) #ears actin, with discernment.

;= ) #ears old at the time of the commission of the crime actin,with discernment.

;&&= ?he crime of robber# in an inhabited house or public buildin, ismiti,ated when the offenders

;>= entered the house usin, false 8e#s.;B= althou,h armed did not fire their weapons.

;C= entered throu,h a window without brea8in, it.;= althou,h armed too8 propert# valued at onl# 200.

;&5= > private person who assists the escape of a person who committedrobber# shall be liable

;>= as a principal to the crime of robber#.;B= as an accessor# to the crime of robber#.;C= as a principal to the crime of obstruction of "ustice.;= as an accessor# to the crime of obstruction of "ustice.

;&'= hich amon, the followin, circumstances do 3D? !ualif# the crimeof 8idnappin,$

;>= ?he victim is 8illed as a conse!uence of the detention.

;B= ?he offender is a public officer.;C= :ansom is demanded.;= ?he victim is raped.

;&6= :emovin, concealin, or destro#in, documents to defraud another constitutes the crime of estafa if committed b#

;>= an# public officer.;B= a public officer officiall# entrusted with the document.

;C= private individuals who eecuted the same.;= private individuals.

;&4= a,ami concealed Bu,naNs bod# and the fact that he 8illed him b#settin, Bu,naNs house on fire. hat crime or crimes did a,ami commit$

;>= Murder the arson bein, absorbed alread#;B= 7eparate crimes of murder and arson

;C= >rson the homicide bein, absorbed alread#;= >rson with murder as a compound crime

;&= 7am wrote a letter to his friends statin, that Fud,e Ddon lovesobscene ma,a+ines and 8eeps these in his des8. Char,ed with libel can7am present proof that Fud,e Ddon indeed loves obscene ma,a+ines and8eeps these in his des8$

;>= 3o since the imputation is not related to the duties of a "ud,e.

;B= 3o since 7am does not impute a crime to Fud,e Ddon.;C= 3o since 7am imputes the commission of a crime to Fud,e

Ddon.;= = E cannot plead praetor intentionem since the intent to 8ill is presumed from the 8illin, of the victim.;B= E ma# plead praetor intentionem since he intended onl# toscare not 8ill T.;C= E ma# plead aberratio ictus as he had no intention to hit T.;= E ma# plead commission of onl# ischar,e of *irearm as hehad no intent to 8ill T when he fired his ,un.

;50= hich of the followin, statements constitute Incitin, to 7edition$;>= tterance of statements irritatin, or obnoious to the ears of the police officers.;B= 7peeches etollin, communism and ur,in, the people to hold

a national stri8e and paral#+e commerce and trade.;C= Leaders of "eepne# and bus associations shoutin, Bu8astulo# an, wel,a han,,an, sa ma,8a,ulo naV;= 7peeches callin, for resi,nation of hi,h ,overnment officials.

;5)= Culpa can either be a crime b# itself or a mode of committin, acrime. Culpa is a crime b# itself in

;>= rec8less imprudence resultin, in murder.

;B= medical malpractice.;C= serious ph#sical In"uries thru rec8less imprudence.

;= comple crime of rec8less imprudence resultin, in serious ph#sical in"uries.

;52= ?he miti,atin, circumstance of immediate vindication of a ,raveoffense cannot be appreciated in a case where

;>= *ollowin, the 8illin, of his adopted brother went to the place where it happened and 8illed 7 whom he found there.

;B= E 8ills < who attempted to rape ENs wife.;C= severel# maltreats 7 a septua,enarian promptin, the latter to 8ill him.;= M 8illed : who slandered his wife.



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;5&= ?o save himself from crashin, into an unli,hted truc8 abandoned onthe road Fose swerved his car to the ri,ht towards the ,raveled shoulder

8illin, two b#standers. Is he entitled to the "ustif#in, circumstance of state of necessit#$

;>= 3o because the b#standers had nothin, to do with theabandoned truc8 on the road.;B= 3o because the in"ur# done is ,reater than the evil to beavoided.

;C= public officer who immediatel# returns the bribe mone# handed

over to him commits;>= no crime.

;B= attempted briber#.;C= consummated briber#.

;= frustrated briber#.;')= irect briber# is a crime involvin, moral turpitude. *rom which of

the followin, elements of direct briber# can moral turpitude be inferred$;>= ?he offender receives a ,ift b# himself or throu,h another.;B= ?he offender is a public officer.;C= ?he offender ta8es a ,ift with a view to committin, a crime inechan,e.



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;= ?he act which the offender a,rees to perform or which heeecutes is connected with his official duties.

;'2= Insuperable cause is an eemptin, circumstance which ma# beapplied to

;>= robber#.;B= misprision of treason.;C= homicide.;= rebellion.

;'&= hich of the followin, crimes is an eception to the ?erritorialit#:ule in Criminal law$

;>= 1iolation of the ?rademar8 Law committed b# an alien in thehilippines.;B= *or,er# of 7 ban8 notes committed in the hilippines.;C= Crime committed b# a *ilipino in the disputed 7pratl#sIsland.;= lunder committed at his place of assi,nment abroad b# ahilippine public officer.

;'5= E < and T a,reed amon, themselves to attac8 and 8ill > a policeofficer but the# left their home-made ,uns in their vehicle before

approachin, him. hat crime have the# committed$;>= Conspirac# to commit indirect assault.;B= >ttempted direct assault.;C= Conspirac# to commit direct assault.;= Ille,al possession of firearms.

;''= Dn hearin, a hospital ward patient on the net bed shrie8in, in painand be,,in, to die Mona shut off the o#,en that was sustainin, the

patient resultin, in his death. hat crime if an# did Mona commit$;>= 9omicide.

;B= Murder if she deliberated on her action.;C= %ivin, >ssistance to 7uicide.

;= /uthanasia.;'6= hen committed outside the hilippine territor# our courts D 3D?

have "urisdiction over the crime of ;>= treason.

;B= pirac#.;C= espiona,e.;= rebellion.

;'4= Motive is ,enerall# IMM>?/:I>L in determinin, criminal liabilit#/EC/? when

;>= several offenders committed the crime but the court wants toascertain which of them acted as leader.

;B= the evidence of the crime consists of both direct andcircumstantial evidence.

;C= ascertainin, the de,ree of penalt# that ma# be imposed on theoffender.;= the evidence of ,uilt of the accused is circumstantial.

;'= hich of the followin, circumstances of dishonor of a chec8 can be

a basis for prosecution under the bouncin, chec8s law$;>= ?he chec8 was returned unpaid with stamp stop pa#mentalthou,h the drawerNs deposit was sufficient.;B= ?he chec8 drawn and issued in the hilippines wasdishonored b# the drawee ban8 in a forei,n countr#.;C= ?he chec8 was presented to the ban8 for pa#ment 6 monthsafter the date of issue.;= ?he drawer of the dishonored chec8 paid its value within 'da#s from notice of dishonor.

;'A= E and his step-father have a lon,-standin, enmit#. Dne da# ir8ed b#an ar,ument with his step-father E smashed the windshield of his step-

fatherNs brand new >udi sports car. E is liable for ;>= malicious mischief.;B= malicious mischief with the alternative miti,atin,circumstance of relationship.;C= malicious mischief with the alternative a,,ravatin,circumstance of relationship.;= :I%9? >37/: the civil dama,e he caused.

;60= ?he classification of felonies into ,rave less ,rave and li,ht isimportant in ascertainin,

;>= if certain crimes committed on the same occasion can becompleed.

;B= the correct penalt# for crimes committed throu,h rec8lessimprudence.

;C= whether the offender is liable as an accomplice.;= what sta,e of the felon# has been reached.

;6)= > child in conflict with the law shall en"o# all the ri,hts of a childuntil

;>= he is found to have acted with discernment.;B= his minorit# is setoff b# some a,,ravatin, circumstance.;C= he is proved to be ) #ears or older.



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;= he forfeits such ri,hts b# ,ross misconduct and immoralit#.;62= Mr. owns a boardin, house where he 8nowin,l# allowed children

to be videotaped while simulatin, eplicit seual activities. hat is Mr.s criminal liabilit# if an#$

;>= Corruption of minors under the enal Code;B= 1iolation of the Child orno,raph# >ct;C= 1iolation of the Child >buse Law;= 3one

;6&= allowed a man to have se with her thin8in, that he was her husband. >fter reali+in, that the man was not her husband stabbedhim to death. nder the circumstances the miti,atin, circumstance inattendance constitutes

;>= defense of honor.;B= immediate vindication of a ,rave offense.;C= passion or obfuscation.;= self-defense.

;65= ?he prescriptive period for bi,am# is )' #ears counted from the dateof the

;>= discover# of the second marria,e b# the offended spouse.

;B= re,istration of the second marria,e in the Local Civil:e,istr#.;C= celebration or solemni+ation of the second marria,e.;= discover# of the second marria,e b# the authorities.

;6'= >fter properl# waivin, his Miranda ri,hts the offender led the policeto where he buried the ,un he used in shootin, the victim. 9ow does thisaffect his liabilit#$

;>= ?his serves as an analo,ous miti,atin, circumstance of voluntar# surrender.

;B= It has no effect at all since the law provides none.;C= 9e is considered to have confessed to murder.

;= ?his serves as a,,ravatin, circumstance of concealment of weapon.

;66= > !ualif#in, a,,ravatin, circumstance;>= chan,es the description and the nature of the offense.

;B= increases the penalt# to its net de,ree but absorbs all theother a,,ravatin, circumstances.;C= raises the penalt# b# two periods hi,her.;= is one which applies onl# in con"unction with another a,,ravatin, circumstance.

;64= E inflicted serious in"uries on = 3o since 8ic8s on the bod# cannot cause death.

;B= 3o since it too8 too lon, for death to occur.;C=


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;>= made up of 2 or more crimes defined in the enal Code.;B= with its own definition and special penalt# provided b# the

enal Code.;C= with its own definition and special penalt# provided b# a

special penal law.;= made up of 2 or more crimes defined in the enal Code andspecial penal laws.

;4&= hat court has "urisdiction when an Indonesian crew murders the

*ilipino captain on board a vessel of :ussian re,istr# while the vessel isanchored outside the brea8waters of the Manila ba#$

;>= ?he Indonesian court.;B= ?he :ussian court.;C= ?he hilippine court.;= >n# court that first asserts "urisdiction over the case.

;45= E intendin, to 8ill s a case of aberratio ictus it is punishable as a

;>= comple crime proper.;B= special comple crime.

;C= continuin, crime.;= compound crime.

;4'= > proposal to commit a felon# is punishable onl# when the lawspecificall# provides a penalt# for it as in the case of proposal to commit

;>= rebellion.;B= sedition.;C= espiona,e.

;= hi,hwa# robber#.

20)2). ?he wife of >>> predeceased his mother-in-law. >>> was

accused of defraudin, his mother-in-law under a criminalinformation for estafa but the actual recital of facts of the offense

char,ed therein if proven would constitute not onl# the crime of estafa but also falsification of public document as a necessar#

means for committin, estafa. >>> invo8es the absolutor# causeof relationship b# affinit#. hich statement is most accurate$

a. ?he relationship b# affinit# created between >>> and the blood relatives of his wife is dissolved b# the death of his

wife and the absolutor# cause of relationship b# affinit#is therefore no lon,er available to >>>.

b. ?he death of.spouse does not severe the relationship b#affinit# which is an absolutor# cause available to >>>

for estafa throu,h falsification of public document.c. If >>> commits in a public document the act of

falsification as a necessar# means to commit estafa therelationship b# affinit# still subsists as an absolutor#

cause for estafa which should be considered separatel#from the liabilit# for falsification of public document

because there is no specific penalt# prescribed for thecomple crime of estafa throu,h falsification of publicdocument.

d. Considerin, that under the ,iven situation the two ;2=crimes of estafa and falsification of public document arenot separate crimes but component crimes of the sin,lecomple crime of estafa and falsification of publicdocument the absolutor# cause of relationship b# affinit#is not available to >>>.

2. nder which of the followin, circumstances is an accused notliable for the result not intended$

a. >ccused is not criminall# liable for the result notintended when there is mista8e in the identit# of thevictim.

b. >ccused is not criminall# liable for the result notintended when there is mista8e in the blow.

c. >ccused is not criminall# liable for the result notintended when the wron,ful act is not the proimate

cause of the resultin, in"ur#.d. >ccused is not criminall# liable for the result not

intended when there is mista8e of fact constitutin, aninvoluntar# act.

&. Can there be a frustrated impossible crime$a.


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c.


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)0. >> was appointed for a two-#ear term to serve the unepired portion of a resi,ned public official. espite bein, dis!ualified

after the lapse of the two-#ear term > continued to eercise theduties and powers of the public office to which appointed. hat

is the criminal liabilit# of >>$a. >> is criminall# liable for malfeasance in office.

b. >> is criminall# liable for prolon,in, performance of duties and powers.

c. >> is criminall# liable for disobe#in, re!uest for dis!ualification.

d. >> incurs no criminal liabilit# because there is noindication that he caused pre"udice to an#one.

)). *or treacher# to !ualif# 8illin, to murder the evidence mustshowJ

a. ?he time when the accused decided to emplo# treacher#the overt act manifestl# indicatin, that he clun, to suchdetermination and a sufficient lapse of time between thedecision and the eecution allowin, him to reflect uponthe conse!uence of his act.

b. nlawful a,,ression reasonable necessit# of the meansto prevent or repel the a,,ression and lac8 of sufficient

provocation on the part of the victim.c. ?hat the accused emplo#ed such means methods or

manner to ensure his safet# from the defensive or retaliator# acts of the victim and the mode of attac8 wasconsciousl# adopted.

d. >ctual sudden ph#sical assault or threat to inflict realimminent in"ur# to an unsuspectin, victim.

)2. hat is the criminal liabilit# if an# of a pre,nant woman whotried to commit suicide b# poison but she did not die and the

fetus in her womb was epelled instead$a. ?he woman who tried to commit suicide is not criminall#

liable because the suicide intended was notconsummated.

b. ?he woman who tried to commit suicide is criminall#liable for unintentional abortion which is punishablewhen caused b# violence.

c. ?he woman who tried to commit suicide is criminall#liable for abortion that resulted due to the poison that she

had ta8en to commit suicide.d. ?he woman who tried to commit suicide occurs no

criminal liabilit# for the result not intended.)&. Chris Brown was convicted of a comple crime of direct assault

with homicide a,,ravated b# the commission of the crime in a place where public authorities are en,a,ed in the dischar,e of

their duties. ?he penalt# for homicide is reclusion temporal. Dnthe other hand the penalt# for direct assault is pns)0ncorreccional in its medium and maimum periods. hat is thecorrect indeterminate penalt#$

a. ?welve ;)2= #ears of prision ma#or as minimum totwent# ;20= #ears of reclusion ten)poral as maimum.

b. ?en ; ) 0= #ears of prision ma#or as minimum toseventeen ;)4= #ears and four ;5= months of reclusiontemporal as maimum.

c. /i,ht ;= #ears of prision ma#or as minimum to ei,hteen;)= #ears and four ;5= months of reclusion temporal as

maimum.d. ?welve ;)2= #ears of prision ma#or as minimum to

seventeen ;)4= #ears and four ;5= months of reclusiontemporal as maimum.

)5. > and C or,ani+ed a meetin, in which the audience wasincited to the commission of the crime of sedition. 7ome of the

persons present at the meetin, were carr#in, unlicensed firearms.

hat crime if an# was committed b# > and C as well asthose who were carr#in, unlicensed firearms and those who were

merel# present at the meetin,$a. Incitin, to sedition for > and C and ille,al possession

of firearms for those carr#in, unlicensed firearms. b. Incitin, to sedition for > and C and those carr#in,

unlicensed firearms.c. Ille,al assembl# for > C and all those present at the

meetin,.d. Conspirac# to commit sedition for > B C and those

present at the meetin,.



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)'. Is the crime of theft committed b# a person who with intent to,ain ta8es a worthless chec8 belon,in, to another without the

latters consent$a. ll the elements of the crime of theft are presentJ

that there be ta8in, of personal propert#K that the propert# belon,s to anotherK and that the ta8in, be done withintent to ,ain and without the consent of the owner.

b. 3o. ?he ta8in, of the worthless chec8 which has no

value would not amount to the crime of theft because of the le,al impossibilit# to commit the intended crime.

c. 8illed M. >fter the 8illin, > went to the Baran,a# Chairman of the place of incident to see8 protection a,ainst the retaliation of Ms relatives. Ma# voluntar# surrender be appreciated as a

miti,atin, circumstance in favor of >$a. surrendered to the Baran,a# Chairman who is a

person in authorit#. b. would save the authorities the

trouble and epense for his arrest.c. 3o. > did not unconditionall# submit himself to the

authorities in. order to ac8nowled,e his participation in

the 8illin, or to save the authorities the trouble andepenses necessar# for his search and capture.

d. 3o. ?he surrender to the Baran,a# Chairman is not asurrender to the proper authorities.

22. ho amon, the followin, is liable for estafa$a. ?he seller of a laptop computer who failed to inform the

bu#er that the laptop had a defect. b. ?he person who ran awa# with a cell phone which was

handed to him upon his pretense that he had to ma8e anemer,enc# call.

c. ?he person who assured he will pa# interest on theamount but failed to do so as promised.



27/46

d. ?he son who induced his father to bu# from him a landwhich the son is no lon,er the owner.

2&. hat is the nature of the circumstance which is involved in theimposition of the maimum term of the indeterminate sentence$

a. !ualif#in, circumstanceK b. a,,ravatin, circumstanceKc. modif#in, circumstanceKd. analo,ous circumstance.

25. > B and C all seventeen ;)4= #ears of a,e waited for ni,httimeto avoid detection and to facilitate the implementation of their

plan to rob %. ?he# entered the room of % throu,h a window.pon instruction of > % opened her vault while was po8in, a8nife at her. >ctin, as loo8out C had alread# opened the maindoor of the house when the helper was awa8ened b# the pleadin,of % to > and B to "ust ta8e the mone# from the vault withoutharmin, her. hen the helper shouted for help upon seein, %with > and B inside the room stabbed % and ran towards thedoor leavin, the house with C. > also left the house after ta8in,the mone# of % from the vault. % was brou,ht to the hospital

where she died as a result of the wound inflicted b# B. nder the,iven facts are > B and C eempt from criminal liabilit#$ If notwhat is the proper char,e a,ainst them or an# of them$

a. > B and C bein, under ei,hteen ;)= #ears of a,e at thetime of the commission of the offense are eempt fromcriminal liabilit# and should be merel# sub"ected tointervention pro,ram for child in conflict with the law.

b. ?here bein, no indication of havin, acted withdiscernment > B and C are eempt from criminal

liabilit# sub"ect to appropriate pro,rams in consultationwith the person havin, custod# over the child in conflict

with the taw or the local social welfare and developmentofficer.

c. Considerin, the ,iven facts which manifest discernment> B and C are not eempt from criminal liabilit# and

should be char,ed with the comple crime of robber#with homicide sub"ect to automatic suspension of sentence upon findin, of ,uilt.

d. nder the ,iven facts > and C are not eempt fromcriminal liabilit# because the# conspired to commit

robber# for which the# should be collectivel# char,ed as principals and in addition B should be separatel#

char,ed with homicide for the death of % sub"ect todiversion pro,rams for children over )' and under )

who acted with discernment.2'. ?he ,uard was entrusted with the conve#ance or custod# of a

detention prisoner who escaped throu,h his ne,li,ence. hat isthe criminal liabilit# of the escapin, prisoner$

a. ?he escapin, prisoner does not incur criminal liabilit#. b. ?he escapin, prisoner is liable for evasion throu,h

ne,li,ence.c. ?he escapin, prisoner is liable for connivin, with or

consentin, to evasion.d. ?he escapin, prisoner is liable for evasion of service of

sentence.26. hat crime is committed when a person assumes the

performance of duties and powers of a public office or emplo#ment without first bein, sworn in$

a. anticipation of duties of a public officeK

b. usurpation of authorit#Kc. prohibited transactionKd. unlawful appointment.

24. hat crime is committed b# a public officer who before theacceptance of his resi,nation shall abandon his office to thedetriment of the public service in order to evade the dischar,e of the duties of preventin, prosecutin, or punishin, the crime of

treason$a. abandonment of office or positionK

b. !ualified abandonment of officeKc. misprision of treasonK

d. ne,li,ence in the prosecution of offense.2. ?he 8e# element in a crime of parricide other than the fact of

8illin, is the relationship of the offender to the victim. hich oneof the followin, circumstances constitutes parricide$

a. Dffender 8illin, the ille,itimate dau,hter of his le,itimateson.

b. Dffender 8illin, his ille,itimate ,randson.c. Dffender 8illin, his common-law wife.d. Dffender 8illin, his ille,itimate mother.



28/46

2A. hat is the minimum a,e of criminal responsibilit#$a. a fifteen ;)'= #ears old or under

b. nine ;A= #ears old or under c. above nine ;A= #ears old and under fifteen ;)'= who acted

with discernmentd. above fifteen ; )'= #ears old and under ei,hteen ; )=

who acted with discernment&0. hen the adoption of a child is effected under the Inter-Countr#

>doption >ct for the purpose of prostitution what is the proper char,e a,ainst the offender who is a public officer in relation tothe eploitative purpose$

a. acts that promote traffic8in, in personsK b. traffic8in, in personsKc. !ualified traffic8in, in personsKd. use of traffic8ed person.

&). hat crime is committed when a mother 8ills the three-da# oldchild of her husband with their dau,hter$

a. parricideK b. infanticideK

c. murderKd. homicide.

&2. hen is a crime deemed to have been committed b# a band$a. hen armed men at least four ;5= in number ta8e direct

part in the eecution of the act constitutin, the crime. b. hen three ;&= armed men act to,ether in the

commission of the crime.

c. hen there are four ; 5= armed persons one of whom is a principal b# inducement.

d. hen there are four ;5= malefactors one of whom isarmed.

&&. ?he period of probation of the offender sentenced to a term of one; )= #ear shall not eceedJ

a. two ;2= #earsK b. si ;6= #earsK

c. one ;)= #earKd. three ;&= #earsK

&5. hat is the criminal liabilit# if an# of a ma#or who without bein, authori+ed b# law compels prostitutes residin, in his cit#to ,o to and live in another place a,ainst their will$

a. ?he ma#or is criminall# liable for violation of domicile. b. ?he ma#or is criminall# liable for epulsion.

c. ?he ma#or is criminall# liable for ,rave coercion.d. ?he ma#or incurs no criminal liabilit# because he merel#

wants to protect the #outh a,ainst the indecenc# of the prostitutes.

&'. 9ow is the crime of coup detat committed$a. B# risin, publicl# and ta8in, arms a,ainst the

%overnment for the purpose of deprivin, the Chief /ecutive of an# of his powers or prero,atives.

b. hen a person holdin, public emplo#ment underta8es aswift attac8 accompanied b# strate,# or stealth directeda,ainst public utilities or other facilities needed for theeercise and continued possession of power for the

purpose of diminishin, state power.c. hen persons rise publicl# and tumultuousl# in order to

prevent b# force the 3ational %overnment from freel#eercisin, its function.

d. hen persons circulate scurrilous libels a,ainst the

%overnment which tend to insti,ate others to meetto,ether or to stir up the people a,ainst the lawfulauthorities.

&6. hat is the proper char,e a,ainst public officers or emplo#eeswho bein, in conspirac# with the rebels failed to resist arebellion b# all means in their power or shall continue todischar,e the duties of their offices under the control of the

rebels or shall accept appointment to office under them$a. dislo#alt# of public officers or emplo#eesK

b. rebellionKc. conspirac# to commit rebellionK

d. dereliction of dut#.&4. hat is the proper char,e a,ainst a person who without ta8in,

arms or bein, in open hostilit# a,ainst the %overnment shallincite others to deprive Con,ress of its le,islative powers b#

means of speeches or writin,s$a. incitin, to seditionK

b. incitin, to rebellion or insurrectionKc. crime a,ainst le,islative bod#K



29/46

d. unlawful use of means of publication or unlawfulutterances.

&. hat is the crime committed when a ,roup of persons entered themunicipal buildin, risin, publicl# and ta8in, up arms in

pursuance of the movement to prevent eercise of ,overnmentalauthorit# with respect to the residents of the municipalit#concerned for the purpose of effectin, chan,es in the manner of ,overnance and removin, such localit# under their control from

alle,iance to the laws of the %overnment$a. seditionK

b. coup detatKc. insurrectionKd. public disorder.

&A. hen is a disturbance of public order deemed to be tumultuous$a. ?he disturbance shall be deemed tumultuous i f caused b#

more than three ;&= persons who are armed or providedwith means of violence.

b. ?he disturbance shall be deemed tumultuous when a person causes a serious disturbance in a public place or

disturbs public performance function or ,atherin,.c. ?he disturbance shall be deemed tumultuous when more

than three ;&= persons ma8e an# outcr# tendin, to inciterebellion or sedition or shout subversive or provocativewords to obtain an# of the ob"ectives of rebellion or sedition.

d. ?he disturbance shall be deemed tumultuous when at

least four ;5= persons participate in a free-for-all-fi,htassaultin, each other in a confused and tumultuous

manner.50. hat is the criminal liabilit# if an# of a police officer who while

Con,ress was in session arrested a member thereof for committin, a crime punishable b# a penalt# hi,her than prision

ma#or$a. ?he police officer is criminall# liable for violation of

parliamentar# immunit# because a member of Con,ressis privile,ed from arrest while Con,ress is in session.

b. ?he police officer is criminall# liable for disturbance of proceedin,s because the arrest was made while Con,resswas in session.

c. ?he police officer incurs no criminal liabilit# because themember of Con,ress has committed a crime punishable

b# a penalt# hi,her than prision ma#or.d. ?he police officer is criminall# liable for violation of

parliamentar# immunit# because parliamentar# immunit#,uarantees a member of Con,ress complete freedom of epression without fear of bein, arrested while in re,ular or special session.

5). hat is the proper char,e a,ainst a ,roup of four persons whowithout public. uprisin, emplo# force to prevent the holdin, of an# popular election$

a. seditionK b. disturbance of public orderKc. ,rave coercionKd. direct assault.

52. hich of the followin, circumstances ma# be appreciated asa,,ravatin, in the crime of treason$

a. cruelt# and i,nomin#K b. evident premeditationK

c. superior stren,thKd. treacher#.

5&. hat is the crime committed b# a public officer who discloses tothe representative of a forei,n nation the contents of the articlesdata or information of a confidential nature relative to the defenseof the hilippine archipela,o which he has in his possession b#reason of the public office he holds$

a. espiona,eK b. dislo#alt#K

c. treasonKd. violation of neutralit#.

55. > forei,ner residin, in 9on, Oon, counterfeits a twent#-peso billissued b# the hilippine %overnment. Ma# the forei,ner be

prosecuted before a civil court in the hilippines$a. 3o. ?he provisions of the :evised enal Code are

enforceable onl# within the hilippine >rchipela,o. b. 3o. ?he hilippine Criminal Law is bindin, onl# on

persons who reside or so"ourn in the hilippines.



30/46

c. 3o. *orei,ners residin, outside the "urisdiction of thehilippines are eempted from the operation of the

hilippine Criminal Law.d. > was convicted of proposal to commit treason. nder >rticle

))' of the :evised enal Code proposal to commit treason shall

be punished b# prision correccional and a fine not eceedin,'000.00. Is the Indeterminate 7entence Law applicable to >>$

a. > because the maimum of prision correccional eceeds

one ; )= #ear. b. >

because there is no showin, that he is a habitualdelin!uent.

c. 3o. ?he Indeterminate 7entence Law is not applicable to>> considerin, the penalt# imposable for the offense of which he was convicted.

d. 3o. ?he Indeterminate 7entence Law is not applicableconsiderin, the offense of which he was convicted.

5. hat is the proper char,e a,ainst a law#er who reveals thesecrets of his client learned b# him in his professional capacit#$

a. ?he law#er should be char,ed with revelation of secretsof private individual.

b. ?he law#er should be char,ed with betra#al of trust.c. ?he law#er should be char,ed with unauthori+ed

revelation of classified materials.d. ?he proper char,e a,ainst the law#er should be revealin,

secrets with abuse of office.5A. >B was drivin, a van alon, a hi,hwa#. Because of her

rec8lessness the van hit a car which had alread# entered theintersection. >s a result C who was drivin, the car suffered

ph#sical in"uries while dama,e to his car amounted to '00.00.

hat is the proper char,e a,ainst >B$a. >B should be char,ed with comple crime of rec8less

imprudence resultin, in dama,e to propert# with sli,ht ph#sical in"uries.

b. >B should .be char,ed with rec8less imprudenceresultin, in sli,ht ph#sical in"uries and rec8less

imprudence resultin, in dama,e to propert#.c. >B should be char,ed with comple crime of sli,ht

ph#sical in"uries with dama,e to propert#.d. >B should be char,ed with sli,ht ph#sical in"uries and

rec8less imprudence resultin, in dama,e to propert#.'0. hat crime is committed b# one who havin, received mone#

,oods or an# other personal propert# in trust or on commission



31/46

or for administration defrauds the offended part# b# den#in,receipt of such mone# ,oods

criminal law bar questions 06-14

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