Crimlaw Bar (2007-2013)

Criminal Law Q&As (2007-2013) hectorchristopher@yahoo.com faithrollan5@yahoo.
com
A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
CRIMINAL LAW
Compiled and Arranged By:
Rollan, Faith Chareen “Pet2x” D.
Salise, Hector Christopher “Jay-Arh” Jr. M.
(University of San Jose-Recoletos School of Law)
ANSWERS TO BAR EXAMINATION QUESTIONS by the

UP LAW COMPLEX (2007, 2009, 2010) &
PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 1 of 168
Criminal Law Q&As (2007-2013) hectorchristopher@yahoo.com faithrollan5@yahoo.com
FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers’ forum sites from 2011-2013
and not an original creation or formulation of the authors.
The authors were inspired by the work of Silliman University’s

College of Law and its students of producing a very good
material to everyone involved in the legal field particularly the
students and the reviewees for free. Hence, this work is a
freeware.
Everyone is free to distribute and mass produce copies of this

work, however, the authors accept no liability for the content of
this reviewer, or for the consequences of the usage, abuse, or
any actions taken by the user on the basis of the information
given.
The answers (views or opinions) presented in this reviewer are

solely those of the authors in the given references and do not
necessarily represent those of the authors of this work.
The Authors.
Page 2 of 168
TABLE OF CONTENTS
(Titles are based on Silliman‟s Compilation [Arranged by Topic])
General Principles
Equal Protection Clause (2013)......................................................................................11
General Principles; Territoriality (2008)…………………………………………….......................11
General Principles; Constitutional Provision Limiting
the Power of Congress to Enact Penal Laws (2012)..............12
FELONIES
Conspiracy (2012).…………………………………………………………………....................…........12
Conspiracy (2008)..........................................................................................................12
Conspiracy vs. Conspiracy to Commit Rebellion
vs. Conspiracy to Commit Murder (2012)............................13
Impossible Crime of Murder (2009)………………….…………………………...................……….13
JUSTIFYING & EXEMPTING CIRCUMSTANCES
Exempting Circumstances (2007)..................................................................................14
Exempting Circumstances; Accessories; Ascendants (2010)...........................................14
Exempting Circumstances; Insanity (2010)....................................................................15
Exempting Circumstances; Insanity; Effect (2010).........................................................15
Justifying Circumstances; Battered Woman Syndrome (2010)........................................16
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MITIGATING CIRCUMSTANCES
Mitigating; Voluntary Surrender (2009)..........................................................................17
Privilege Mitigating Circumstance (2012)......................................................................17
Privilege Mitigating Circumstance vs. Ordinary Mitigating Circumstance (2012)............17
AGGRAVATING CIRCUMSTANCES
Aggravating Circumstances; Dwelling; Nocturnity; Use of Picklock (2009)......................18
Specific Aggravating Circumstance; Use of Unlicensed Firearm (2009)...........................18
PERSONS CRIMINALLY LIABLE FOR FELONIES
Accomplice (2012) ........................................................................................................19
Accomplice (2009).........................................................................................................19
Accomplice (2009).........................................................................................................19
Accomplice vs. Conspirator (2012) ................................................................................20
Accomplice vs. Conspirator (2007).................................................................................22
Anti-Fencing Law; Fencing (2013)..................................................................................22
Criminal Liability; Accessories (2013)............................................................................25
PENALTIES
Delito Continuado (2009)...............................................................................................25
Habitual Delinquency (2012)..........................................................................................26
Habitual Delinquency vs. Recidivism (2012)..................................................................26
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Heinous Crimes Law (2010)...........................................................................................27
Indeterminate Sentence Law (2012)...............................................................................28
Indeterminate Sentence Law (2007)...............................................................................28
Indeterminate Sentence Law; Homicide (2010)..............................................................29
Indeterminate Sentence Law; Homicide (2009)..............................................................29
Indeterminate Sentence Law; Illegal Possession of Drugs (2009)....................................30
Penalties; Civil Liability (2010)......................................................................................30
Penalties; Homicide (2013)............................................................................................30
Penalties; Perpetual Absolute Disqualification (2007).....................................................31
Penalties; Reclusion Perpetua vs. Life Imprisonment (2009)..........................................32
Probation Law; Period Covered (2009)............................................................................32
Probation Law; Oder Denying Probation (2010)..............................................................33
Suspension of Sentence; Adults/Minors (2013)..............................................................33
Suspension of Sentence; Adults/Minors (2009)..............................................................34
EXTINCTION OF CRIMINAL LIABILITY
Amnesty (2009).............................................................................................................34
Pardon; Effect (2009).....................................................................................................35
Prescription of Crimes; Commence to Run (2010)..........................................................35
Prescription of Crimes; Discovery Rule (2009)...............................................................36
Prescription of Crimes; Interrupted (2010)....................................................................37
Prescription of Crimes; Parricide (2010)........................................................................37
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CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF

NATIONS
Misprision of Treason (2010).........................................................................................38
Qualified Piracy; Special Complex Crime (2008).............................................................38
CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
Arbitrary Detention; Unlawful Arrest; Extralegal Killing (2008)......................................39
Violation of Domicile (2009)..........................................................................................39
CRIMES AGAINST PUBLIC ORDER
Delivering Prisoners from Jail; Corruption of Public Officials (2013)..............................40
Delivering Prisoners from Jail; Corruption of Public Officials;
Falsification of Public Documents (2009).............................40
Direct Assault (2013)......................…………………………………………………………………..….42
Direct Assault (2009).....................................................................................................43
Inciting to Sedition; Acts (2007)....................................................................................43
CRIMES COMMITTED BY PUBLIC OFFICERS
Bribery (2010)...............................................................................................................44
Maliciously Refraining from Instituting or Prosecuting an Offender (2008)......……………44
Malversation (2009).......................................................................................................45
Malversation (2008).......................................................................................................46
Malversation (2008).......................................................................................................46
Malversation; Falsification (2008)....................………………………………………….………..…47
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Qualified Bribery (2010).................................................................................................47
CRIMES AGAINST PERSONS
Complex Crime; Rape with Homicide & Theft (2009)......................................................48
Criminal Liabilities; Rape; Frustrated Homicide or Murder;
Theft; Use of Picklock (2009)...............................................48
Death Caused in a Tumultuous Affray (2010).................................................................49
Giving Assistance to Suicide (2008)......................………………………………..………………..49
Homicide; Stages of Execution (2012)............................................................................50
Less Serious Physical Injuries (2009)....................…………………………………………..……..51
Less Serious Physical Injuries; Simple Negligence (2007)...............................................51
Murder; Frustrated; Qualified Treachery (2009).............................................................52
Murder; Reckless Imprudence (2007).............................................................................53
Murder; treachery (2008)...............................................................................................54
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
Acts of Lasciviousness (2009)........................................................................................55
Exploitation of Child Labor (2009).................................................................................55
Kidnapping and Serious Illegal Detention (2009)............................................................55
Kidnapping and Serious Illegal Detention with Rape (2013)................…….....................56
Light coercion (2007)....................................................................................................57
Unjust Vexation (2010)..................................................................................................58
Unjust Vexation (2009)..................................................................................................58
CRIMES AGAINST PROPERTY
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Brigandage; Brigands (2012)..........................................................................................59
Brigandage vs. Robbery in Band (2012)..........................................................................59
BP 22 (2013)..................................................................................................................60
BP 22 (2010)..................................................................................................................61
Estafa; Abuse of Confidence (2007)................................................................................62
Estafa and B.P. 22 (2009)...............................................................................................63
Estafa; Falsely Pretending to Possess Power (2008)..................……………………….……….63
Estafa through Falsification (2013)................................................................................64
Highway Robbery (2012)................................................................................................65
Persons Exempt from Criminal Liability (2008)...................……………….…………………….65
Robbery; By a Band (2010).............................................................................................66
Robbery in an Inhabited House (2008)...........................................................................66
Robbery w/ Homicide (2010).........................................................................................67
Robbery w/ Homicide; Complex Crime (2009)................................................................69
Theft (2012)..................................................................................................................70
Theft (2010)..................................................................................................................71
Theft (2008)..................................................................................................................71
Theft; Qualified Theft (2010).........................................................................................72
CRIMES AGAINST CHASTITY
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Concubinage (2010).......................................................................................................72
Qualified Seduction; Classes of Offenders (2007)............................................................73
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
Bigamy; Elements (2012)...............................................................................................73
Bigamy; First Marriage Null and Void (2012)..................................................................74
Bigamy; Psychological Incapacity (2012).......................................................................74
Bigamy; Perjury; Adultery (2008)...................................................................................75
CRIMES AGAINST HONOR
Libel; Defamatory Utterances against Public Figure (2013).............................................76
Libel; Proof of Truth (2009)............................................................................................77
Libel; Unfair Competition (2010)....................................................................................77
QUASI-OFFENSES
Criminal Negligence; Reckless Imprudence Resulting in Homicide (2008)................…...77
MISCELLANEOUS
Chain of Custody (2009)................................................................................................78
Doctrine of Pro Reo (2012)............................................................................................79
Doctrine of Pro Reo (2010)............................................................................................79
Human Rights Violations (2008)....................................................................................79
Intervention vs. Diversion (2009)..................................................................................80
No Criminal Liability (2008)...........................................................................................80
Three-Fold Rule (2013)..................................................................................................81
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SPECIAL PENAL LAWS
Anti-Carnapping Act (2012)...........................................................................................82
Anti-Carnapping Act (2008)...........................................................................................82
Anti-Graft & Corrupt Practices – RA 3019 (2010)...........................................................83
Anti-Graft & Corrupt Practices – RA 3019; Indirect Bribery (2009).................................84
Dangerous Drugs Act (2007)...........................................................................................85
Harboring or Assisting in the Escape of a
Person who has Committed a Crime – PD 1829 (2008).........85
Illegal Possession of Drugs; Mala Prohibita (2009)..........................................................86
R.A. 9160; Anti-Money laundering Act (2009)................................................................86
R.A. 9160; Anti-Money Laundering Act; Freeze Order (2010)..........................................86
R.A. 9160; Anti-Money Laundering Act; Stages (2010)...................................................87
R.A. 9262; Violence Against Women and Children Act;
Battered Woman Syndrome (2010)......................................87
R.A. 9262; Violence Against Women and Children Act;
Battered Woman Syndrome; Phases (2010)..........................88
Syndicated Estafa (2010)...............................................................................................88
Torture (2012)...............................................................................................................89
MULTIPLE CHOICE QUESTIONS
2013 Criminal Law Exam MCQ (October 20, 2013)….………………………………………………90
2012 Criminal Law Exam MCQ (October 21, 2012)..….…………………………………………104
2011 Criminal Law Exam MCQ (November 20, 2011).………………………………….………...150
Page 10 of 168
GENERAL PRINCIPLES bill as it will result in economic

inequality in the field of criminal justice.
Equal Protection Clause (2013) The bill runs afoul with the equal
protection clause of the 1987
No. XI. Assume that you are a member of Constitution. The equal protection
the legal staff of Senator Salcedo who wants clause in the Constitution does not
to file a bill about imprisonment at the merely bar the creation of inequalities
National Penitentiary in Muntinlupa. He but commands as well the elimination of
wants to make the State prison a revenue existing inequalities.
earner for the country through a law
providing for premium accommodations for Additionally, the purpose of imposing
prisoners (other than those under penalties, which is to secure justice,
maximum security status) whose wives are retribution and reformation, will be
allowed conjugal weekend visits, and for defeated and put to naught if the bill‟s
those who want long-term premium program/scheme should eventually
accommodations. become a law.
For conjugal weekenders, he plans to rent

out rooms with hotel-like amenities at rates
General Principles; Territoriality (2008)
equivalent to those charged by 4-star
hotels; for long-term occupants, he is No. VI. Hubert and Eunice were married in
prepared to offer room and board with the Philippines. Hubert took graduate
special meals in air conditioned single- studies in New York and met his former
occupancy rooms, at rates equivalent to girlfriend Eula. They renewed their
those charged by 3-star hotels. friendship and finally decided to get
married. The first wife, Eunice, heard about
What advice will you give the Senator from
the marriage and secures a copy of the
the point of view of criminal law, taking into
marriage contract in New York. Eunice filed
account the purpose of imprisonment (7%)
a case of Bigamy against Hubert in the
and considerations of ethics and morality
Philippines.
(3%)? (10% total points)
(a) Will the case prosper? Explain. (4%)

SUGGESTED ANSWER:
SUGGESTED ANSWER:
I would advice Senator Salcedo to forgo
and permanently abandon his proposed
Page 11 of 168
No, because the Philippine Courts have 2. The law must not be a bill of
no jurisdiction over a crime committed attainder, meaning it cannot
outside of the Philippine territory. Under provide punishment without
the principle of territoriality, penal laws, judicial proceedings.
specifically the RPC, are enforceable 3. The law must not impose cruel,
only within the bounds of our territory unusual or degrading punishment.
(Art. 2, RPC).
No person shall be held to answer for a
(b) If Eunice gave her consent to the criminal offense without due process of
second marriage, what will your answer be? law.
Explain. (3%)
FELONIES
SUGGESTED ANSWER:
Conspiracy (2012)
The answer will be the same. The
consent of Eunice would not confer No. IX. a. Define conspiracy. (5%)
jurisdiction on Philippine Courts.
SUGGESTED ANSWER:
When two or more persons come to an

General Principles; Constitutional
agreement concerning the commission
Provision Limiting the Power of Congress
of a felony and decide to commit it,
to Enact Penal Laws (2012)
there is conspiracy.
No. III. b. What are the constitutional

provisions limiting the power of Congress to
enact penal laws? (5%) Conspiracy (2008)
SUGGESTED ANSWER: No. XI. Ricky was reviewing for the bar
exam when the commander of a vigilante
The constitutional provision limiting the group came to him and showed him a list of
power of Congress to enact penal laws five policemen to be liquidated by them for
are the following: graft and corruption. He was further asked
if any of them is innocent. After going over
1. The law must not be an ex post
the list, Ricky pointed to two of the
facto law or it should not be given
policemen as honest. Later, the vigilante
a retroactive effect.
group liquidated the three other policemen
Page 12 of 168
in the list. The commander of the vigilante conspiracy will not be considered as an
group reported the liquidation to Ricky. Is independent felony but as a manner of
Ricky criminally liable? Explain. (7%) incurring criminal responsibility.
conspiracy to commit homicide, not
SUGGESTED ANSWER: punishable – if “A” and “B” conspire to
kill “X”, conspiracy is not punishable.
No, there was no conspiracy between
The law provides no penalty for
Ricky and the Commander of the
conspiracy to be commit homicide.
vigilante. Mere vouching for the honesty
Homicide – if pursuant to conspiracy to
of the two (2) policemen in the list
commit homicide, “A” embraced “X” and
cannot make him a co-conspirator for
then “B” stabbed and killed “X”, the
the killing. Ricky enjoys the
conspirators are equally liable for
presumption of innocence.
homicide. Conspirators are equally liable
for homicide. Conspiracy in this case
will be considered as a manner of
Conspiracy vs. Conspiracy to Commit
incurring liability.
Rebellion vs. Conspiracy to Commit
Murder (2012)
No. IX. b. Distinguish by way of illustration Impossible Crime of Murder (2009)
conspiracy as a felony from conspiracy as a

No. IV. a. Charlie hated his classmate,
manner of incurring liability in relation to
Brad, because the latter was assiduously
the crimes of rebellion and murder. (5%)
courting Lily, Charlie’s girlfriend. Charlie
SUGGESTED ANSWER: went to a veterinarian and asked for some

poison on the pretext that it would be used
Conspiracy to commit rebellion – if “A” to kill a very sick, old dog. Actually, Charlie
and “B” conspired to overthrow the intended to use the poison on Brad.
government, conspiracy is punishable.
Conspiracy to commit rebellion is a The veterinarian mistakenly gave Charlie a
felony. Rebellion – if they committed non-toxic powder which, when mixed with
rebellion, they are equally liable for the Brad’s food, did not kill Brad.
crime of rebellion. However, they will

Did Charlie commit any crime? If so, what
not be additionally charged with
and why? If not, why not? (3%)
conspiracy to commit rebellion. Since
they committed what they conspired,
SUGGESTED ANSWER:
Page 13 of 168
Charlie committed an impossible crime No, the court did not act correctly in
of murder. His act of mixing the non- ordering the accused to indemnify the
toxic powder with Brad‟s food, done with victim. Since the killing of ken was
intent to kill, would have constituted committed under the exceptional
murder which is a crime against persons, circumstances in Article 247, revised
had it not been for the employment of a Penal Code, it is the consensus that no
means which, unknown to him, is crime was committed in the light of the
ineffectual (Art. 4, par. 2, RPC). pronouncement in People v Cosicor (79
Phil. 672 [1947]) that banishment
JUSTIFYING & EXEMPTING (destierro) is intended more for the
CIRCUMSTANCES protection of the offender rather than as

a penalty. Since the civil liability under
Exempting Circumstances (2007) the Revised Penal Code is the
consequence of criminal liability, there
No. IV. a. Macky, a security guard, arrived would be no legal basis for the award of
home late one night after rendering indemnity when there is no criminal
overtime. He was shocked to see Joy, his liability.
wife, and Ken, his best friend, in the act of
having sexual intercourse. Macky pulled ALTERNATIVE ANSWER:
out his service gun and shot and killed Ken.
Yes, because the crime punishable by
The court found that Ken died under desteirro was committed, which is death
exceptional circumstances and exonerated under exceptional circumstances under
Macky of murder but sentenced him Art. 247 of the Revised Penal Code.
to destierro, conformably with Article 247 of
the Revised Penal Code. The court also
ordered Macky to pay indemnity to the Exempting Circumstances; Accessories;
heirs of the victim in the amount of Ascendants (2010)
P50,000.
No. XXII. Immediately after murdering Bob,
Did the court correctly order Macky to pay Jake went to his mother to seek refuge. His
indemnity even though he was exonerated mother told him to hide in the maid’s
of murder? Explain your answer. (10%) quarters until she finds a better place for
him to hide. After two days, Jake
SUGGESTED ANSWER: transferred to his aunt’s house. A week
later, Jake was apprehended by the police.
Page 14 of 168
Can Jake’s mother and aunt be made The following day, Romeo was found
criminally liable as accessories to the crime catatonic inside the maid’s quarters. He
of murder? Explain. (3 %) was brought to the National Center for
Mental Health (NCMH) where he was
SUGGESTED ANSWER:
diagnosed to be mentally unstable.
Obviously, Jake‟s mother was aware of
Charged with murder, Romeo pleaded
her son‟s having committed a felony,
insanity as a defense.
such that her act of harboring and
concealing him renders her liable as an Will Romeo’s defense prosper? Explain.
accessory. But being an ascendant to (2%)
Jake, she is exempt from criminal
SUGGESTED ANSWER:
liability by express provision of Article
20 of the Revised Penal Code. No, Romeo‟s defense of insanity will not
prosper because, even assuming that
On the other hand, the criminal liability
Romeo was “insane” when diagnosed
of Jake‟s aunt depends on her knowledge
after he committed the crime, insanity
of his commission of the felony, her act
as a defense to the commission of crime
of harboring and concealing Jake would
must have existed and proven to be so
render her criminally liable as accessory
existing at the precise moment when the
to the crime of murder; otherwise
crime was being committed. The fact of
without knowledge of Jake‟s commission
the case indicate that Romeo committed
of the felony, she would not be liable.
the crime with discernment.
Exempting Circumstances; Insanity

Exempting Circumstances; Insanity;
(2010)
Effect (2010)
No. XIII. a. While his wife was on a 2-year
No. XIII. b. While his wife was on a 2-year
scholarship abroad, Romeo was having an
scholarship abroad, Romeo was having an
affair with his maid Dulcinea. Realizing that
affair with his maid Dulcinea. Realizing that
the affair was going nowhere, Dulcinea told
the affair was going nowhere, Dulcinea told
Romeo that she was going back to the
Romeo that she was going back to the
province to marry her childhood
province to marry her childhood
sweetheart. Clouded by anger and jealousy,
sweetheart. Clouded by anger and jealousy,
Romeo strangled Dulcinea to death while
she was sleeping in the maid’s quarters.
Page 15 of 168
Romeo strangled Dulcinea to death while Fearing for her life, Jill left and stayed with
she was sleeping in the maid’s quarters. her sister. To woo Jill back, Jack sent her
floral arrangements of spotted lilies and
The following day, Romeo was found
confectioneries. Two days later, Jill
catatonic inside the maid’s quarters. He
returned home and decided to give Jack
was brought to the National Center for
another chance. After several days,
Mental Health (NCMH) where he was
however, Jack again came home drunk.
diagnosed to be mentally unstable.
The following day, he was found dead.
Charged with murder, Romeo pleaded

Jill was charged with parricide but raised
insanity as a defense.
the defense of "battered woman syndrome."
What is the effect of the diagnosis of the
Would the defense prosper despite the
NCMH on the case? (2%)
absence of any of the elements for justifying
SUGGESTED ANSWER: circumstances of self-defense under the

Revised Penal Code? Explain. (2%)
The effect of the diagnosis made by
NCMH is possibly a suspension of the SUGGESTED ANSWER:
proceedings against Romeo and his
Yes, Section 26 of Rep. Act No. 9262
commitment to appropriate institution
provides that victim-survivors who are
for treatment until he could already
found by the courts to be suffering from
understand the proceedings.
battered woman syndrome do not incur
any criminal and civil liability
notwithstanding the absence of any of
Justifying Circumstances; Battered
the elements for justifying
Woman Syndrome (2010)
circumstances of self-defense under the
No. XIX. c. Jack and Jill have been married Revised Penal Code.
for seven years. One night, Jack came

home drunk. Finding no food on the table,
Jack started hitting Jill only to apologize
the following day.
A week later, the same episode occurred –

Jack came home drunk and started hitting
Jill.
Page 16 of 168
MITIGATING present), and the circumstance of

minority (if the child above 15 years of
CIRCUMSTANCES age acted with discernment) are
privileged mitigating circumstances.
Mitigating; Voluntary Surrender (2009)
No. XI. b. Voluntary surrender is a

mitigating circumstance in all acts and Privilege Mitigating Circumstance vs.
omissions punishable under the Revised Ordinary Mitigating Circumstance (2012)
Penal Code.
No. II. b. Distinguish a privileged mitigating
SUGGESTED ANSWER: circumstance from an ordinary mitigating

circumstance as to reduction of penalty and
False, Voluntary surrender may be offsetting against aggravating
appreciated in cases of criminal circumstance/s. (5%)
negligence under Art. 365 since in such
cases, the courts are authorized to SUGGESTED ANSWER:
imposed a penalty without considering

The distinction between ordinary and
Art. 62 regarding mitigating and
privilege mitigating circumstances are:
aggravating circumstances.
(a) Under the rules for application of
divisible penalties (Article 64 of the
Revised Penal Code), the presence of a
Privilege Mitigating Circumstance (2012)
mitigating circumstance, has the effect
of applying the divisible penalty in its
No. II. a. What is a privileged mitigating
minimum period. Under the rules on
circumstance? (5%)
graduation of penalty (Articles 68 and
SUGGESTED ANSWER: 69), the presence of privileged mitigating

circumstance has the effect of reducing
Privileged mitigating circumstances are the penalty one or two degrees lower. (b)
those that mitigate criminal liability of Ordinary mitigating circumstances can
the crime being modified to one or two be off-set by the aggravating
degrees lower. These circumstances circumstances. Privileged mitigating
cannot be off-set by aggravating circumstances are not subject to the off-
circumstance. The circumstance of set rule.
incomplete justification or exemption
(when majority of the conditions are
Page 17 of 168
AGGRAVATING purposely or especially sought for by

Wenceslao, nighttime was obviously
CIRCUMSTANCES taken advantaged of by him in
committing the other crimes. Under the
Aggravating Circumstances; Dwelling;
objective test, noctunity is aggravating
Nocturnity; Use of Picklock (2009)
when taken advantage of by the offender
No. XVII. b. Wenceslao and Loretta were during the commission of the crime thus
staying in the same boarding house, facilitating the same. The use of a
occupying different rooms. One late picklock to enter the room of the victim
evening, when everyone in the house was is not an aggravating circumstance
asleep, Wenceslao entered Loretta’s room under Art. 14 of the Code but punished
with the use of a picklock. Then, with force as a crime by itself where the offender
and violence, Wenceslao ravished Loretta. has no lawful cause for possessing it.
After he had satisfied his lust, Wenceslao The use of picklocks is equivalent to
stabbed Loretta to death and, before leaving force upon things in robbery with force
the room, took her jewelry. upon things.
Discuss the applicability of the relevant

aggravating circumstances of dwelling, Specific Aggravating Circumstance; Use
nocturnity and the use of the picklock to of Unlicensed Firearm (2009)
enter the room of the victim. (3%)
No. I. c. The use of an unlicensed firearm in
SUGGESTED ANSWER: homicide is considered a generic
aggravating circumstance which can be
Dwelling is aggravating because the
offset by an ordinary mitigating
crimes were committed in the property
circumstance.
of Loretta‟s room which in law is
considered as her dwelling. It is well SUGGESTED ASNWER:
settled that “dwelling” includes a room
in a boarding house being occupied by False, offsetting may not take place
the offended party where she enjoys because the use of an unlicensed firearm
privacy, peace of mind and sanctity of in homicide or murder is a specific
an abode. aggravating circumstance provided for
by Rep. Act. No. 8294. It is not one of
Nocturnity or nighttime is also the generic aggravating circumstances
aggravating because although it was not
Page 18 of 168
under Article 14 of the Revised Penal Ruben‟s liability is that of an accomplice

Code (People v. Avecilla, 351 SCRA 63 only because he merely cooperated in
[2001]). Ponciano‟s determination to kill Freddie.
Such cooperation is not indispensable to
PERSONS CRIMINALLY the killing, as in fact the killing was
LIABLE FOR FELONIES carried out without the use of Ruben‟s

gun. Neither way Ruben may be regarded
Accomplice (2012) as a co-conspirator since he was not a
participant in the decision-making of
No. V. a. Who is an accomplice? (5%) Ponciono to kill Freddie; he merely
cooperated in carrying out the plan
SUGGESTED ANSWER:
which was already in place (Art. 18,
RPC).
Accomplices are those persons who, not
being a principal, cooperate in the
ALTERNATIVE ANSWER:
execution of the offense by previous or
simultaneous acts (Article 18) Ruben cannot be held liable as an
accomplice in the killing of Freddie
because his act of lending his gun to
Accomplice (2009) Ponciano did not have the relation
between the acts done by the latter to
No. V. a. Ponciano borrowed Ruben’s gun,
that attributed to Ruben. Even if Ruben
saying that he would use it to kill Freddie.
did not lend his gun, Ponciano would
Because Ruben also resented Freddie, he
have consummated the act of killing
readily lent his gun, but told Ponciano: "O,
Freddie. In other words, Ruben‟s act in
pagkabaril mo kay Freddie, isauli mo
lending his gun was not a necessary act
kaagad, ha." Later, Ponciano killed Freddie,
to enable Ponciano to consummate the
but used a knife because he did not want
crime.
Freddie’s neighbors to hear the gunshot.
What, if any, is the liability of Ruben?

Accomplice (2009)
Explain. (3%)
No. V. b. Ponciano borrowed Ruben’s gun,

SUGGESTED ANSWER:
saying that he would use it to kill Freddie.
Because Ruben also resented Freddie, he
Page 19 of 168
readily lent his gun, but told Ponciano: "O, Yes, the answer would be the same
pagkabaril mo kay Freddie, isauli mo because Ruben lent his gun to Ponciano
kaagad, ha." Later, Ponciano killed Freddie, with knowledge that it would be used in
but used a knife because he did not want killing a person, thus with knowledge
Freddie’s neighbors to hear the gunshot. that the gun would be use to commit a
crime. It is of no moment who was killed
Would your answer be the same if, instead so long as Ruben is aware when he lent
of Freddie, it was Manuel, a relative of the gun that it would be used to commit
Ruben, who was killed by Ponciano using a crime.
Ruben’s gun? Explain. (3%)
SUGGESTED ANSWER:
Accomplice vs. Conspirator (2012)
No, the answer would not be the same

No. V. b. Distinguish an accomplice from a
because Ruben lent his gun purposely for
conspirator as to their knowledge of the
the killing of Freddie only, not for any
criminal design of the principal, their
other killing. Ponciano‟s using Ruben‟s
participation, the penalty to be imposed in
gun in killing a person other then
relation to the penalty for the principal, and
Freddie is beyond Ruben‟s criminal
the requisites/elements to be established
intent and willing involvement. Only
by the prosecution in order to hold them
Ponciano will answer for the crime
criminally responsible for their respective
against Manuel.
roles in the commission of the crime. (5%)
It has been ruled that when the owner of

SUGGESTED ANSWER:
the gun knew it would be used to kill a
particular person, but the offender used
The differences between accomplice and
it to kill another person, the owner of
conspirator are as follows:
the gun is not an accomplice as to the
killing of the other person. While there Accomplice Conspirator
was community of design to kill Freddie s
between Ponciano and Ruben, there was Knowledge They know They know of
none with respect to the killing of of the and agree and join in
Manuel. criminal with the the criminal
design of criminal design. They
ALTERNATIVE ANSWER:
the design. know the
Page 20 of 168
principal They come criminal specifically

to know it intention prescribes a
after the because they penalty
principals themselves therefor.
have have decided Prerequisit (1) The (1) That
reached the upon such es commu two or
decision course of nity of more
and only action. criminal perso
then do design; ns
they agree that is, came
to knowing to an
cooperate the agree
in its criminal ment;
execution design (2) That
Participati Accomplice Conspirators of the the
on s are mere are the principa agree
instrument authors of l by ment
who the crime. direct conce
perform particip rned
acts not ation, the
essential to he comm
the concurs ission
commission with the of a
of the latter in crime;
crime. his and
Penalty One degree Same as purpose (3) That
lower than principal. ; and the
that of a (2) The execu
principal. Note: perform tion
Conspiracy ance of of the
alone is not previou felony
punishable, s or was
except in simulta decide
cases where neous d
the law acts
Page 21 of 168
that are upon. a conspirator incurs criminal

not liability not only for his individual
indispe acts in the execution of the crime
nsable but also for the acts of the other
to the participants in the commission of
commis the crime collectively. The acts of
sion of the other participants in the
the execution of the crime are
crime. considered also as acts of a
conspirator for purposes of
collective criminal responsibility.
3. An accomplice participates in the
execution of a crime when the
Accomplice vs. Conspirator (2007)
criminal design or plan is already
No. V. a. Distinguish between an in place; whereas a conspirator
accomplice and a conspirator. (10%) participates in the adoption or

making of the criminal design.
SUGGESTED ANSWER: 4. An accomplice is subjected to a
penalty one degree lower than
The distinction between an accomplice that of a principal; whereas a
and a conspirator are: conspirator incurs the penalty of
a principal.
1. An accomplice incurs criminal
liability by merely cooperating in
the execution of the crime
without participating as a Anti-Fencing Law; Fencing (2013)
principal, by prior or
simultaneous acts; whereas a No. VI. Roberto bought a Toyota Fortuner
conspirator participates in the from Iñigo for P500,000. While driving his
commission of a crime as a co- newly-bought car, Roberto met a minor
principal. accident that made the examination of his
2. An accomplice incurs criminal vehicle's Registration Certificate necessary.
liability in an individual capacity When the policeman checked the plate,
by his act alone of cooperating in chassis and motor numbers of the vehicle
the execution of the crime; while against those reflected in the Registration
Certificate, he found the chassis and motor
Page 22 of 168
numbers to be different from what the carnapped the vehicle, old it to Roberto
Registration Certificate stated. The Deed of who did not take part in the crime.
Sale covering the sale of the Fortuner, Roberto should have known also that the
signed by Iñigo, also bore the same chassis car was stolen because it was not
and motor numbers as Roberto's properly documented as the deed of sale
Registration Certificate. The chassis and and registration certificate did not
motor numbers on the Fortuner were reflect the correct numbers of the
found, upon verification with the Land vehicle‟s engine and chassis. Apparently,
Transportation Office, to correspond to a he made no effort to check the papers
vehicle previously reported as carnapped. covering his purchase. Lastly, Roberto‟s
defense of good faith is flawed because
Roberto claimed that he was in good faith; Presidential Decree 1612 is a special law
Iñigo sold him a carnapped vehicle and he and, therefore, its violation in regarded
did not know that he was buying a as malum prohibitum, requiring no proof
carnapped vehicle. of criminal intent (Dimat v. People, GR
No. 181184, January 25, 2012).
If you were the prosecutor, would you or
would you not charge Roberto with a crime? ALTERNATIVE ANSWER;
(7%)
The facts given show that Roberto
SUGGESTED ANSWER: “bought” the car form Inigo; that a “deed
of sale” covering the subject vehicle was
I will charge Roberto with violation of
executed by Inigo; that there is also a
Anti-Fencing Law. The elements of
copy of the “Registration Certificate”;
“fencing” are: 1) a robbery or theft has
that Roberto aver, too, of being a buyer
been committed; 2) the accused, who
in good faith and lacking of any
took no part in the robbery or theft,
knowledge that the subject car is a
“buys, receives, possesses, keeps,
carnapped vehicle.
acquires, conceals, sells or disposes, or
buys and sells, or in any manner deals in As against the foregoing, there is only a
any article or object taken” during that certificate from the Land Transportation
robbery or theft; 3) the accused knows or Office showing that the vehicle had been
should have known of that the thing was previously reported as carnapped.
derived form that crime; and 4) by the
deal he makes he intends to gain for Consequently, in light of the satisfactory
himself or for another. Here, someone explanation of Roberto of his possession
Page 23 of 168
of the vehicle, the presumption of alleged “fencing” has been committed –

authorship of the theft upon a person fact which I wanting in this case.
found in possession of the stolen
personal property finds no application in It should be noted that the suspect is
the instant case. engaged in the buy and sell of used

garments, which are in the nature of
There is, thus, no probable cause or movable property carries with it a prima
evidence to warrant the prosecution of facie presumption of ownership. The
Riberto for any wrongdoing. presumption of “fencing” arises only
when the article or item involved is the
subject of a robbery or thievery (Sec. 5,
PD 1612).
Anti-Fencing Law; Fencing (2010)
No. V. Arlene is engaged in the buy and sell

of used garments, more popularly known Anti-Fencing Law; Fencing (2009)
as"ukay-ukay." Among the items found by
the police in a raid of her store in Baguio No. XI. c. In a prosecution for fencing under
City were brand-new Louie Feraud blazers. P.D. 1612, it is a complete defense for the
accused to prove that he had no knowledge
Arlene was charged with "fencing." Will the
that the goods or articles found in his
charge prosper? Why or why not? (5%)
possession had been the subject of robbery.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
No, the charge of “fencing” will not
prosper. “Fencing” is committed when a False, fencing is committed if the
person, with intent to gain foe himself or accused “should have known” that the
for another, deals in any manner with an goods or articles had been the subject of
article of value which he knows or theft or robbery (P.D. No. 1612[a]). Mere
should be known to him to have been possession of the stolen goods gives rise
derived from the proceeds of theft or to the prima facie presumption of
robbery (Sec. 2, PD 1612). Thus, for a fencing.
charge of fencing to prosper, it must
first be established that a theft or
robbery of the article subject of the
Page 24 of 168
Criminal Liability; Accessories (2013) Moreover, the facts as given in the

problem would show lack or absent of
No. III. Modesto and Abelardo are brothers. intent to conceal the effects of the crime
Sometime in August, 1998 while Abelardo as Abelardo is described as being “unsure
was in his office, Modesto, together with of what to do under the circumstances.”
two other men in police uniform, came with
two heavy bags. Modesto asked Abelardo to Even if he can be considered as an
keep the two bags in his vault until he accessory under paragraph 2 of Article
comes back to get them. When Abelardo 19, RPC, Abelardo is not liable, being the
later examined the two bags, he saw brother of Modesto under Article 20,
bundles of money that, in his rough count, RPC.
could not be less than P5 Million. He kept
the money inside the vault and soon he PENALTIES
heard the news that a gang that included
Delito Continuado (2009)
Modesto had been engaged in bank
robberies. Abelardo, unsure of what to do
No. XIII. a. Angelo devised a Ponzi Scheme
under the circumstances, kept quiet about
in which 500 persons were deceived into
the two bags in his vault. Soon after, the
investing their money upon a promise of a
police captured, and secured a confession
capital return of 25%, computed monthly,
from, Modesto who admitted that their loot
and guaranteed by post-dated checks.
had been deposited with Abelardo.
During the first two months following the
investment, the investors received their
What is Abelardo's liability? (7%)
profits, but thereafter, Angelo vanished.
SUGGESTED ANSWER:
Angelo was charged with 500 counts of
Abelardo is not criminally liable. estafa and 2,000 counts of violation of

Batas Pambansa (BP) 22. In his motion to
To be criminally liable as an accessory quash, Angelo contends that he committed
under Article 19 of the Code, such a continued crime, or delito
person must have knowledge of the continuado, hence, he committed only one
commission of the crime. The term count of estafa and one count of violation of
“knowledge “ under the law is not BP 22.
synonymous with suspicion. Mere
suspicion that the crime has been What is delito continuado? (1%)
committed is not sufficient.
Page 25 of 168
SUGGESTED ANSWER: crimes committed, the period of time the

crimes are committed, the number of
Delito continuado refers to a crime crimes committed and their effects in
constituted by several overt acts relation to the penalty to be imposed on a
committed by the offender in one place, convict. (5%)
at about the same time, and all such
overt acts violate one and the same SUGGESTED ANSWER:
provision of penal law, thus
demonstrating that all such acts are the Difference between recidivism and
product of a single indivisible criminal habitual delinquency:
relation. Hence, all said acts are

(a) Nature of crime – in recidivism,
considered as one crime only.
the first crime, and the
aggravated second crime are
embraced in the same Title of the
Habitual Delinquency (2012)
Revised Penal Code. In habitual
delinquency, the first, second and
No. VIII. a. Who is a habitual delinquent?
third crimes must be a habitual-
(5%)
delinquency crime, and that is,
SUGGESTED ANSWER: serious or less serious physical

injuries, theft, robbery, estafa or
A person shall be deemed to be habitual falsification of document.
delinquent, if within a period of ten year (b) Time element – in recidivism, the
from his release or last conviction of the accused was convicted of the first
crimes of serious or less serious physical crime by final judgment at the
injuries, robo, hurto estafa or time of trial of the second crime.
falsification, he is found guilty of any of In habitual delinquency, the
said crimes a third time or oftener accused was convicted of the first
(Article 62 of the Revised Penal Code). habitual-delinquency crime;
within 10 years after conviction
or release, he was found guilty of
Habitual Delinquency vs. Recidivism habitual-delinquency crime for
(2012) the second time; within 10 years
after conviction or release he was
No. VIII. b. Distinguish habitual found guilty of habitual-
delinquency from recidivism as to the
Page 26 of 168
delinquency crime for the third prosecutors that all respondents be charged
time or oftener. with violation of the "Heinous Crimes Law."
(c) Number of crimes – in recidivism, The prosecution panel agreed with the
there must be at least two crimes CHR. As the Chief Prosecutor tasked with
committed; while in habitual approving the filing of the Information, how
delinquency, there must be at will you pass upon the recommendation?
least three crimes committed. Explain. (5%)
Nature of the aggravating circumstance SUGGESTED ANSWER:
– recidivism is ordinary aggravating

The CHR is correct in describing the
circumstance, the presence of any which
crime committed as “heinous crimes”,
will trigger the application of the penalty
as defined in the preamble of the
for the second crime committed in its
“Henious Crimes Law” (Rep. Act No.
maximum period unless it is off-set by a
7659), despite the passage of Rep. Act
mitigating or special aggravating
No. 9346 prohibiting the imposition of
circumstance, the presence of which will
the death penalty.
trigger the imposition of additional
penalty for the third or subsequent However, the “Henious Crimes Law” does
crime. This is not subject to the off-set not define crimes; it is only an
rule. amendatory law increasing the penalty
for the crime specified therein as
heinous, to a maximum of death. Thus,
Heinous Crimes Law (2010) the heinous crime committed shall be

prosecuted under the penal law they are
No. IV. Because of the barbarity and respectively defined and penalized, such
hideousness of the acts committed by the as the Revised Penal Code as the case
suspects/respondents in cutting off their may be. The circumstances making the
victims’ appendages, stuffing their torsos, crimes heinous may be alleged as
legs, body parts into oil drums and bullet- qualifying or generic aggravating, if
riddled vehicles and later on burying these proper. The crime shall be designated as
oil drums, vehicles with the use of defined and punished under the penal
backhoes and other earth-moving law violated and the penalty shall be
machinery, the Commission on Human reclusion perpetua without the benefit of
Rights (CHR) investigating team parole, as the case may be in lieu of the
recommended to the panel of public death penalty.
Page 27 of 168
wife, and Ken, his best friend, in the act of

having sexual intercourse. Macky pulled
Indeterminate Sentence Law (2012)
out his service gun and shot and killed Ken.
No. VI. b. How is the Indeterminate

The court found that Ken died under
Sentence Law applied in imposing a
exceptional circumtances and exonerated
sentence? (5%)
Macky of murder but sentenced him
to destierro, conformably with Article 247 of
SUGGESTED ANSWER:
the Revised Penal Code. The court also
If crime is punishable under the Revised ordered Macky to pay indemnity to the
Penal Code, the court shall sentenced heirs of the victim in the amount of
the accused to an indeterminate P50,000.
sentence maximum term of which shall

While serving his sentenced, Macky entered
be that which, in view of the attending
the prohibited area and had a pot session
circumstances, could be properly
with Ivy (Joy’s sister). Is Macky entitled to
imposed under the rules of the said
an indeterminate sentence in case he is
Code, and the minimum which shall be
found guilty of the use of prohibited
within the range of the penalty next
substances? Explain your answer.
lower to that prescribed by the Code for
the offense. If the offense is punishable
SUGGESTED ANSWER:
under a special law, the court shall
sentence the accused to an No, Macky s not entitled to the benefit
indeterminate sentence, the maximum of the Indeterminate Sentence Law (Act
term of which shall not exceed the 4103, as amended) for having evaded the
maximum fixed by said law and the sentence which banished or placed him
minimum shall not be less than the on destierro. Sec. 2 of the said law
minimum term prescribed by the same expressly provides that the law shall not
(Section 1 of Act 4103). apply to those who shall have “evaded
sentence”.
Indeterminate Sentence Law (2007) ALTERNATIVE ANSWER:
No. IV. b. Macky, a security guard, arrived No, because the penalty for use of any
home late one night after rendering dangerous drug by a first offender is not
overtime. He was shocked to see Joy, his imprisonment but rehabilitation in a
Page 28 of 168
government center for a minimum one (1) year and is divisible, is covered
period of six (6) months (Sec. 15, R.A. by the indeterminate Sentence Law. The
9165). The Indeterminate Sentence Law said law requires that the sentence in
does not apply when the penalty is this case should reflect a minimum term
imprisonment not exceeding one year. for purposes of parole, and a maximum
term fixing the limit of the
imprisonment. Imposing a straight
Indeterminate Sentence Law; Homicide penalty is incorrect.
(2010)
No. I. An agonizing and protracted trial

Indeterminate Sentence Law; Homicide
having come to a close, the judge found A
(2009)
guilty beyond reasonable doubt of homicide
and imposed on him a straight penalty of No. XII. a. In a conviction for homicide, the
SIX (6) YEARS and ONE (1) DAY of prision trial court appreciated two (2) mitigating
mayor. circumstances and one (1) aggravating
circumstance. Homicide under Article 249
The public prosecutor objected to the
of the Revised Penal Code is punishable by
sentence on the ground that the proper
reclusion temporal, an imprisonment term of
penalty should have been TWELVE (12)
twelve (12) years and one (1) day to twenty
YEARS and ONE (1) DAY of reclusion
(20) years. Applying the Indeterminate
temporal.
Sentence Law, determine the appropriate
The defense counsel chimed in, contending penalty to be imposed. Explain. (3%)
that application of the Indeterminate
SUGGESTED ANSWER:
Sentence Law should lead to the imposition
of a straight penalty of SIX (6) MONTHS
Under the Indeterminate Sentence Law,
and ONE (1) DAY of prision
the minimum of the sentence shall be
correccional only. Who of the three is on the
anywhere within the range of 6 years
right track? Explain. (3%)
and 1 day to 12 years imprisonment
SUGGESTED ANSWER: within the maximum of the sentence
shall be anywhere within the range of
None of the contention is correct
Reclusion Temporal minimum i.e., not
because the Indeterminate Sentence Law
lower than 12 years and 1 day to not
for the crime of homicide, which is
more than 14 years and 8 months.
penalized by mprisonment exceeding
Page 29 of 168
Indeterminate Sentence Law; Illegal bush. Since the puppy did not have a
Possession of Drugs (2009) collar, she brought it home so she could
have it as a pet. Her son in fact begged Eva
No. XII. b. Will your answer be the same if Marie to keep the puppy. The following day,
it is a conviction for illegal possession of Eva Marie bought a collar for the puppy
drugs under R.A. 9165 (Dangerous Drugs and brought it to a veterinarian for
Act of 2002), the prescribed penalty of treatment.
which is also imprisonment for a term of
twelve (12) years and one (1) day to twenty Did she incur civil liability? Explain. (2%)
(20) years? Why or why not? (3%)

SUGGESTED ANSWER:
SUGGESTED ANSWER: Eva Marie may incur civil liability if the

owner of the puppy would incur a loss
No, my answer will not be the same
due to non-restitution or return thereof
because violations of Rep. Act 9165 are
to the owner. Finding any property of
mala prohibita in which mitigating and
value, legally regarded as lost property,
aggravating circumstances are not
would constitute theft if the finder failed
appreciated. Although in People v.
to deliver the same to the local
Simon (234 SCRA 555[1994]), it was held
authorities or to its owner (Art. 308 par.
that Art. 64 can be applied if the special
1). Once Eva Marie is found guilty of
law adopted the nomenclature of
theft, she will incur civil liability, which
penalties provided under the RPC, such
consists of restitution or reparation for
pronouncement cannot be applied in the
damage caused and indemnification for
instant case because the for illegal
consequential damages (Art. 100 RPC).
possession of drugs under R.A. 9165 do
The general rule is: a person who is
not follow the technical nomenclature of
criminally liable is also civilly liable.
penalties in the RPC and thus, cannot be
divided into periods. Hence, the
existence of mitigating and aggravating
Penalties; Homicide (2013)
circumstances cannot be appreciated.
No. I. Bruno was charged with homicide for

killing the 75-year old owner of his rooming
Penalties; Civil Liability (2010) house. The prosecution proved that Bruno
stabbed the owner causing his death; and
No. XVIII. b. On her way home, Eva Marie
that the killing happened at 10 in the
saw an injured chow chow puppy behind a
Page 30 of 168
evening in the house where the victim and first attacked him and did so without
Bruno lived. Bruno, on the other hand, provocation of his part. There is,
successfully proved that he voluntarily however, no reasonable necessity of the
surrendered to the authorities; that he means employed to defend himself, after
pleaded guilty to the crime charged; that it Bruno used a knife to stab the
was the victim who first attacked and did so weaponless victim. There are also no
without any provocation on his (Bruno's) aggravating circumstances present,
part, but he prevailed because he managed because it was not shown that Bruno
to draw his knife with which he stabbed the disregarded the age of the victim or that
victim. The penalty for homicide is nighttime facilitated the commission of
reclusion temporal. the crime; moreover, dwelling cannot be
appreciated because the crime happened
Assuming a judgment of conviction and in the house where both Bruno and the
after considering the attendant victim lived. In contrast, there are two
circumstances, what penalty should the mitigating circumstances, namely,
judge impose? (7%) voluntary surrender and plea of guilt.
Applying the Indeterminate Sentence
SUGGESTED ANSWER:
Law, the maximum term of the medium
period and the minimum term should be
Bruno should be sentenced to an
within the range of the penalty next
indeterminate sentence penalty of
lower in degree or arresto mayor in any
arresto mayor in any of its period to
of its period.
precion correccional in its medium
period as maximum. Bruno was entitled
to two priviledged mitigating
circumstances of incomplete self-defense Penalties; Perpetual Absolute
and the presence of at least two ordinary Disqualification (2007)
mitigating circumstances without any

No. I. What are the penalties that may be
aggravating circumstance under Articles
served simultaneously? (10%)
69 and 64(5) of the Revised Penal Code,
respectively, which lower the prescribed
SUGGESTED ANSWER:
penalty for homicide which is reclusion
temporal to prision correccional. The penalties that may be served
simultaneously are
There is incomplete self-defense because
imprisonment/destierro and:
Bruno proved that it wa the victim who
Page 31 of 168
1. Perpetual absolute Probation Law; Period Covered (2009)

disqualification;
2. Perpetual special disqualification; No. XV. c. Joe was 17 years old when he
3. Temporary absolute committed homicide in 2005. The crime is
disqualification; punishable by reclusion temporal. After two
4. Temporary special years in hiding, he was arrested and
disqualification; appropriately charged in May 2007. Since
5. Suspension from public office, the Republic Act 9344 (Juvenile Justice and
right to vote and be voted for, and Welfare Act of 2006) was already in effect,
the right to follow a profession or Joe moved to avail of the process of
calling; intervention or diversion.
Fine; and any principal penalty with its Suppose Joe was convicted of attempted
accessory penalties. murder with a special aggravating

circumstance and was denied suspension
of sentence, would he be eligible for
probation under Presidential Decree (PD)
Penalties; Reclusion Perpetua vs. Life
968, considering that the death penalty is
Imprisonment (2009)
imposable for the consummated felony?
No. XI. a. Life imprisonment is a penalty Explain. (2%)

more favorable to the convict than reclusion
SUGGESTED ANSWER:
perpetua.
Yes, he would be eligible for probation

SUGGESETD ANSWER:
because the penalty imposable on Joe
False, Life Imprisonment is unfavorable will not exceed 6 years imprisonment.
to a convict because the penalty is

Even if it would be considered that the
without a fixed duration, unlike the
crime committed was punishable by
penalty of reclusion perpetua which has
death, the penalty as far as Joe I
a fixed duration of 40 years and the
concerned can only be reclusion
convict may be eligible for pardon after
perpetua because RA 9344 forbids the
30 years of imprisonment (People v.
imposition of the capital punishment
Penillos, 205 SCRA 546 [1992]).
upon offenders thereunder.
Page 32 of 168
The murder being attempted only, the The brother‟s petition for prohibition
prescribed penalty is two degree lower should both be denied.
than reclusion perpetua; hence, prision
mayor. Because Joe was 17 years old Matt‟s petition for probation shall be
when he committed the crime, the denied because he was convicted for
penalty of prision mayor should be drug-trafficking. Section 24 of R.A. 9165
lowered further by one degree because (Comprehensive Dangerous Drug Act of
his minority is a privilege mitigating 2002) expressly provides, “Any person
circumstance; hence, prision convicted for drug trafficking or pushing
correccional or imprisonment within the under this Act, regardless of the penalty
range of ix months and 1 day to 6 years imposed by the court, cannot avail of the
is the imposable. privilege granted by the Probation Law

or Presidential Decree No. 968, as
amended.”
Probation Law; Oder Denying Probation

(2010)
Suspension of Sentence; Adults/Minors
No. XX. Matt was found guilty of drug (2013)
trafficking while his younger brother Jeff
was found guilty of possession of No. V. Michael was 17 years old when he
equipment, instrument, apparatus and was charged for violation of Sec. 5 of R.A.
other paraphernalia for dangerous drugs 9165 (illegal sale of prohibited drug). By the
under Section 12 of Republic Act No. 9165. time he was convicted and sentenced, he
was already 21 years old. The court
Matt filed a petition for probation. Jeff sentenced him to suffer an indeterminate
appealed his conviction during the penalty of imprisonment of six (6) years and
pendency of which he also filed a petition one (1) day of prision mayor, as minimum,
for probation. to seventeen (17) years and four(4) months
of reclusion temporal, as maximum, and a
The brothers’ counsel argued that they
fine of P500,000.Michael applied for
being first time offenders, their petitions for
probation but his application was denied
probation should be granted. How would
because the probation law does not apply to
you resolve the brothers’ petitions for
drug offenders under R.A. 9165. Michael
probation? Explain. (3%)
then sought the suspension of his sentence
SUGGESTED ANSWER:
Page 33 of 168
under R.A. 9344 or the Juvenile Justice No. XV. b. Joe was 17 years old when he
and Youth Welfare Code. committed homicide in 2005. The crime is
punishable by reclusion temporal. After two
Can Michael avail of the suspension of his years in hiding, he was arrested and
sentence provided under this law? (7%) appropriately charged in May 2007. Since
Republic Act 9344 (Juvenile Justice and
SUGGESTED ANSWER:
Welfare Act of 2006) was already in effect,
Joe moved to avail of the process of
The benefits of a suspended sentence
intervention or diversion.
can no longer apply to Machel. The
suspension of sentence lasts only until
Suppose Joe’s motion for intervention or
the law reaches the maximum age and
diversion was denied, and he was convicted
thus, could no longer be considered a
two (2) years later when Joe was already 21
child for purposes of applying Rep. Act
years old, should the judge apply the
No. 9344. However, he shall be entitled
suspension of sentence? Explain. (2%)
to the right of restoration, rehabilitation
and reintegration in accordance with the SUGGESTED ANSWER:
law to give him the chance to live a
normal life and become a productive No, the judge should not suspend
member of the community. Accordingly, sentence anymore because Joe was
Michael may be confined in an already 21 years old. Suspension of
agricultural camp and other training sentence is availing under RA 9344 only
facility in accordance with Section 51 of until a child reaches the maximum age
Rep. Act No. 9344 (People v. Jacinto, GR of twenty-one (21) years.
No. 182239, March 16, 2011; People v.
Salcedo, GR. No. 186523, June 22, 2011; EXTINCTION OF CRIMINAL
Padua v. People, GR No. 1683, July 23,
LIABILITY
2008 and People v. Sarcia, GR No.
169641, September 10, 2009).
Amnesty (2009)
No. II. Antero Makabayan was convicted of

the crime of Rebellion. While serving
Suspension of Sentence; Adults/Minors
sentence, he escaped from jail. Captured,
(2009)
he was charged with, and convicted of,
Evasion of Service of Sentence. Thereafter,
Page 34 of 168
the President of the Philippines issued an Pardon; Effect (2009)

amnesty proclamation for the offense of
Rebellion. Antero applied for and was No. I. a. Amado, convicted of rape but
granted the benefit of the amnesty granted an absolute pardon by the
proclamation. President, and one year thereafter,

convicted of homicide, is a recidivist.
Antero then filed a petition for habeas
corpus, praying for his immediate release SUGGESTED ANSWER:
from confinement. He claims that the

True, rape is now a crime against
amnesty extends to the offense of Evasion
persons and, like the crime of homicide,
of Service of Sentence. As judge, will you
is embraced in the same Title of the
grant the petition? Discuss fully. (4%)
Revised penal Code under which Amado
SUGGESTED ANSWER; had been previously convicted by final

judgment. The absolute pardon granted
Yes, I will grant the petition because the him for rape, only excuse him from
sentence evaded proceeded from the serving the sentence for rape but did not
offender as a crime of Rebellion which erase the effect of the conviction
has been obliterated by the grant of therefore unless expressly remitted by
amnesty to the offender (Art. 89[3], the pardon.
RPC).
Since the amnesty erased the criminal

complexion of the act committed by the Prescription of Crimes; Commence to
offender as a crime of rebellion and Run (2010)
rendered such act a though innocent,

No. XVII. a. A killed his wife and buried her
the sentence lost its legal basis. The
in their backyard. He immediately went into
purported evasion thereof therefore
hiding in the mountains.
cannot subsist (People v. Patriarca, 341
SCRA 464[200]). Three years later, the bones of A’s wife were
discovered by X, the gardener. Since X had
Amnesty obliterates, not only the basis
a standing warrant of arrest, he hid the
of conviction, bur also all the legal effect
bones in an old clay jar and kept quiet
thereof.
about it. After two years, Z, the caretaker,
found the bones and reported the matter to
the police.
Page 35 of 168
After 15 years of hiding, A left the country Charged in court, Baldo claims that the
but returned three years later to take care crime he committed had already prescribed.
of his ailing sibling. Six years thereafter, he
was charged with parricide but raised the Is Baldo’s contention correct? Explain. (3%)
defense of prescription.
SUGGESTED ANWER:
Under the Revised Penal Code, when does
the period of prescription of a crime No, Baldo‟s contention is not correct
commence to run? (1%) because the crime committed has not

yet prescribed. The prescriptive period
SUGGESTED ANSWER: of the crime committed commenced to
run only after it was report to the police
Generally, the period of prescription of a
on January 2, 1970, not on the date it
crime commences to run from the date
was clandestinely committed on January
it was committed; but if the crime was
2, 1960. Under the discovery rule, which
committed clandestinely, the period of
govern when the crime is not publicly
prescription of the crimes under the
committed, the prescriptive period of a
Revised Penal Code commence to run
crime commences to run only from the
from the day on which the crime was
day on which the crime is discovered by
discovered by the offended party, the
the offended party, the authorities or
authorities or their agents (Art. 91, RPC).
their agents: in this case, from January
2, 1970 when it made known to the
police authorities until January 2, 1980,
Prescription of Crimes; Discovery Rule when Balo was arrested and charged. The
(2009) killing committed, whether homicide or

murder, is punishable by an afflictive
No. VI. Baldo killed Conrad in a dark penalty which prescribes within twenty
corner, at midnight, on January 2, 1960. (20) year, whereas only around ten (10)
Dominador witnessed the entire incident, years ha lapsed from January 2, 1970
but he was so scared to tell the authorities (when the authorities discovered the
about it. commission of the crime) to January 2,
1980 (when the accused was charged in
On January 2, 1970, Dominador, bothered court).
by his conscience, reported the matter to
the police. After investigation, the police
finally arrested Baldo on January 6, 1980.
Page 36 of 168
Prescription of Crimes; Interrupted a standing warrant of arrest, he hid the

(2010) bones in an old clay jar and kept quiet
No. XVII. b. A killed his wife and buried her found the bones and reported the matter to
in their backyard. He immediately went into the police.
hiding in the mountains.
After 15 years of hiding, A left the country
Three years later, the bones of A’s wife were but returned three years later to take care
discovered by X, the gardener. Since X had of his ailing sibling. Six years thereafter, he
a standing warrant of arrest, he hid the was charged with parricide but raised the
bones in an old clay jar and kept quiet defense of prescription.
found the bones and reported the matter to Is A’s defense tenable? Explain. (3%)
the police.
SUGGESTED ANSWER:
When is it interrupted? (1%)

No, the defense of prescription of the
SUGGESTED ANSWER: crime is not tenable. The crime

committed is parricide which prescribes
The running of the prescriptive period of in twenty (20) years (Art. 90, RPC). It
the crime is interrupted when “any kind was only when the care-taker, Z found
of investigative proceeding is instituted the victim‟s bones and reported the
against the guilty person which may matter to the police that the crime is
ultimately lead to his prosecution” deemed legally discovered by the
(Panaguiton, Jr. v. Dept. of Justice, G.R. authorities or their agents and thus the
No. 167571, Nov. 25, 2008). prescriptive period of the crime
commenced to run.
When A left the country and returned

Prescription of Crimes; Parricide (2010) only after three (3) year, the running of
the prescriptive period of the crime is
No. XVII. c. A killed his wife and buried her interrupted and suspended because
in their backyard. He immediately went into prescription shall not run when the
hiding in the mountains. offender is absent from the Philippine
Archipelago (Art. 91, RPC).
Three years later, the bones of A’s wife were
discovered by X, the gardener. Since X had
Page 37 of 168
Since A had been in hiding for 15 years SUGGESTED ANSWER:

after the commission of the crime and
the prescriptive period started running Yes, Myra committed the crime of
only after 5 years from such commission Misprision of Treason under Art. 116 of
when the crime was discovered, only 10 the Revised Penal Code, for failing to
years lapsed and 3 years thereof should report or make known “as soon as
be deducted when the prescriptive possible” to the governor or provincial
period was interrupted and suspended. fiscal or to the mayor or fiscal of the
Hence, the 3 years. City where she resides, the conspiracy

between her Italian boyfriend and the
CRIMES AGAINST NATIONAL Chinese General to commit treason

against the Philippine Government in
SECURITY AND THE LAW OF time of war. She decided to report the
NATIONS matter to the proper authorities only
after two (2) weeks.
Misprision of Treason (2010)
No. XXI. Because peace negotiations on the

Spratlys situation had failed, the People’s Qualified Piracy; Special Complex Crime
Republic of China declared war against the (2008)
Philippines. Myra, a Filipina who lives with
her Italian expatriate boyfriend, discovered No. VII. a. The inter-island vessel M/V Viva
e-mail correspondence between him and a Lines I, while cruising off Batanes, was
certain General Tung Kat Su of China. forced to seek shelter at the harbor of
Kaoshiung, Taiwan because of a strong
On March 12, 2010, Myra discovered that
typhoon. While anchored in said harbor,
on even date her boyfriend had sent an e-
Max, Baldo and Bogart arrived in a
mail to General Tung Kat Su, in which he
speedboat, fired a bazooka at the bow of the
agreed to provide vital information on the
vessel, boarded it and divested the
military defense of the Philippines to the
passengers of their money and jewelry. A
Chinese government in exchange for P1
passenger of M/V Viva Lines I, Dodong
million and his safe return to Italy. Two
advantage of the confusion to settle an old
weeks later, Myra decided to report the
grudge with another passenger, and killed
matter to the proper authorities.
him. After their apprehension, all four were
Did Myra commit a crime? Explain. (3%) charged with qualified piracy before a
Philippine court.
Page 38 of 168
Was the charge of qualified piracy against “enforced disappearance” constitutes

the three person ( Max, Badong and Bogart arbitrary detention under Art. 124 or
) who boarded the inter-island vessel Unlawful Arrest under Art. 269 of the
correct? Explain. ( 3% ) RPC. Extralegal killing can also be
considered murder and/or homicide
Yes, they (Max, Baldo and Bogart) boarded under Art. 248/249, RPC.
and fired upon the ship, and divested the
passengers of their money and jewelry (Art. ALTERNATIVE ANSWER:
122, 123, RPC, as amended by R.A. 7659
and P.D. 532). As long as murder or The petition for the writ of amparo is
homicide is committed as a result of or on not a criminal proceeding and will not
occasion of piracy, the special complex determine the guilt of the respondents.
crime of qualified piracy is committed. If the evidence so warrants, the amparo

court may refer the case to the
CRIMES AGAINST THE Department of Justice for criminal

prosecution (A.M. No. 07-9-12-SC) of the
FUNDAMENTAL LAW OF THE military officers for the special complex
STATE crime of kidnapping with murder or
homicide under Art. 267 of the Revised
Arbitrary Detention; Unlawful Arrest; Penal Code as amended by R.A. 7659.
Extralegal Killing (2008)
No. I. a. After due hearing on a petition for

a writ of amparo founded on the acts of Violation of Domicile (2009)
enforced disappearance and extralegal

No. I. e. A policeman who, without a judicial
killing of the son of the complainant
order, enters a private house over the
allegedly done by the respondent military
owner’s opposition is guilty of trespass to
officers, the court granted the petition. May
dwelling.
the military officers be criminally charged
in court with enforced disappearance and
SUGGESTED ANSWER:
extralegal killing? Explain fully. (3%)
False, the crime committed by the

SUGGESTED ANSWER:
policeman in this case is violation of
domicile because the official duties of a
Yes, the respondent military officers
policeman carry with it an authority to
may be criminally charged in court since
Page 39 of 168
make searches and seizure upon judicial which the check was issued, the terms
order. He is therefore acting under color and conditions relating to the issuance
of his official authority (Art. 128, RPC). are irrelevant to the prosecution of the
offender. For this reason, the request of
CRIMES AGAINST PUBLIC Frankto defer the deposit of the check
as it ahs insufficient funds will not
ORDER
militate against his prosecution for BP
22. Despite notice, Frank can still be
Delivering Prisoners from Jail;
charged.
Corruption of Public Officials (2013)
Moreover, if what is charged is Estafa,

No. X. Frank borrowed P1,000,000 from his
Frank, being a brother of the offended
brother Eric. To pay the loan, Frank issued
party, cannot be held criminally liable
a post-dated check to be presented for
under Article 332, RPC.
payment a month after the transaction. Two
days before maturity, Frank called Eric
telling him he had insufficient funds and
requested that the deposit of the check be Delivering Prisoners from Jail;
deferred. Nevertheless, Eric deposited the Corruption of Public Officials;
check and it was dishonored. When Frank Falsification of Public Documents (2009)
failed to pay despite demand, Eric filed a
complaint against him for violation of Batas No. X. To secure the release of his brother
Pambansa Big. 22 (The Bouncing Checks Willy, a detention prisoner, and his cousin
Law). Vincent, who is serving sentence for
homicide, Chito asked the RTC Branch
Was the charge brought against Frank Clerk of Court to issue an Order which
correct? (7%) would allow the two prisoners to be brought
out of jail. At first, the Clerk refused, but
SUGGESTED ANSWER:
when Chito gave her P50,000.00, she
consented.
Yes, the charges brought against Frank
is correct. Violation of BP 22 is malum
She then prepared an Order requiring the
prohibitum which is committed by mere
appearance in court of Willy and Vincent,
issuance of a check. Good faith is not a
ostensibly as witnesses in a pending case.
defense. As long as the check was issued
She forged the judge’s signature, and
on account or for value, the purpose for
delivered the Order to the jail warden who,
Page 40 of 168
in turn, allowed Willy and Vincent to go out to such criminal plan; otherwise
of jail in the company of an armed escort, he would not be liable for said
Edwin. Chito also gave Edwin P50,000.00 crime if he escaped pursuant to
to leave the two inmates unguarded for human instinct only.
three minutes and provide them with an c. Vincent, being a prisoner serving
opportunity to escape. Thus, Willy and sentence by final judgment,
Vincent were able to escape. committed the crime of Evasion
of Service of Sentence (Art. 157,
What crime or crimes, if any, had been RPC) for escaping during the term
committed by Chito, Willy, Vincent, the of his imprisonment.
Branch Clerk of Court, Edwin, and the jail d. The Branch Clerk of Court
warden? Explain your answer. (5%) committed the crimes of:
1. Direct Bribery (Art. 210, RPC)
SUGGESTED ANSWER:
for accepting the P50,000.00 –
in consideration of the Order
The crime committed in this case are as
she issued to enable the
follows:
prisoners to get out of jail;
a. Chito committed the crimes of – 2. Falsification of Public
1. Delivery of Prisoners from Jail Document for forgoing the
(Art. 156, RPC) for working out judge‟s signature on said
the escape of prisoners Willy Order (Art. 171, RPC);
and Vincent; 3. Delivery of Prisoners from Jail
2. Two counts of Corruption of (Art. 156, RPC), as a co-
Public Officials (Art. 212, principal of Chito by
RPC); and indispensable cooperation for
3. Falsification of Public making the false Order and
Documents, as a principal by forgoing the judge‟s signature
inducement (Art. 172[1], RPC). thereon, to enable the
b. Willy Committed the crime of prisoners to get out of jail;
Delivery of Prisoners from Jail 4. Evasion of Service of Sentence
(Art. 156, RPC) as a principal by (Art. 157, RPC); as a co-
indispensable participation if he principal of Vincent by
was aware of the criminal plan of indispensable cooperation for
Chito to have them escape from making the false Order that
prison and he did escape pursuant
Page 41 of 168
enable Vincent to evade his examination booklet and sent him out
service of his sentence; of the room, causing Mariano extreme
e. Edwin, the jail guard who embarrassment.
escorted the prisoner in getting
out of jail, committed the crimes In class the following day, Mariano
of – approached Miss Reyes and without any
1. Infidelity in the Custody of warning, slapped her on the face. Mariano
Prisoners, especially conniving would have inflicted grave injuries on Miss
with or consenting to Evasion Reyes had not Dencio, another student,
for leaving unguarded the intervened. Mariano then turned his ire on
prisoners escorted by him and Dencio and punched him repeatedly,
provide them an opportunity causing him injuries.
to escape (Art. 223, RPC);

What crime or crimes, if any, did Mariano
2. Direct Bribery for receiving
commit? (7%)
the P50,000.00 as
consideration for leaving the
SUGGESTED ANSWER:
prisoners unguarded and
allowing them the opportunity Mariano is liable for two counts of direct
to escape (Art. 210, RPC); assault. First, when he slapped Miss
Reyes, who is a person in authority
The jail warden did not commit nor
expressly mentioned in Article 152 of
incur a crime there being no showing
the Revised Penal Code, who was in the
that he was aware of what his
performance of her duties on the day of
subordinates had done nor of any
the commission of the assault. Second,
negligence on his part that would
when he repeatedly punched Dencio,
amount to infidelity in the custody of
who became an agent of the person in
prisoners.
authority when he came to the aid of a
person in authority, Miss Reyes (Celig v.
People, GR No. 173150, July 28, 2010).
Direct Assault (2013)
No. VII. Miss Reyes, a lady professor,

caught Mariano, one of her students,
cheating during an examination. Aside from
calling Mariano's attention, she confiscated
Page 42 of 168
Direct Assault (2009) Yes, Rigorberto is guilty of Direct

Assault because the employment of
No. III. Rigoberto gate-crashed the violence was by reason of an actual
71st birthday party of Judge Lorenzo. performance of a duty by the offended
Armed with a piece of wood commonly party acting as a practicing lawyer.
known as dos por dos, Rigoberto hit Judge Lawyers are considered persons in
Lorenzo on the back, causing the latter’s authority by virtue of Batas Pambansa
hospitalization for 30 days. Upon Blg. 873, which states that lawyers in
investigation, it appeared that Rigoberto the actual performance of their
had a grudge against Judge Lorenzo who, professional duties or on the occasion of
two years earlier, had cited Rigoberto in such performance shall be deemed
contempt and ordered his imprisonment for persons in authority. But the crime
three (3) days. having been committed 10 years ago,
may have already prescribed because it
(a) Is Rigoberto guilty of Direct Assault?
is punishable by a correctional penalty.
Why or why not? (3%)
SUGGESTED ANSWER:
Inciting to Sedition; Acts (2007)

No, Rigoberto is not guilty of Direct
Assault because Judge Lorenzo has No. VI. What are the different acts of
ceased to be a judge when he was inciting to sedition? (10%)
attacked. He has retired (71 years old)
from his position as a person in SUGGESTED ANSWER:
authority when he was attacked. Hence,
the attack on him cannot be regarded as The different acts which constitute the
against a person in authority anymore. crime of inciting to sedition are:
(b) Would your answer be the same if the 1. Inciting others through speeches,
reason for the attack was that when Judge writings, banners and other media
Lorenzo was still a practicing lawyer ten of representation to commit acts
years ago, he prosecuted Rigoberto and which constitutes sedition;
succeeded in sending him to jail for one 2. Uttering seditious words,
year? Explain your answer. (3%) speeches or circulating scurrilous

libels against the Government of
SUGGESTED ANSWER: the Philippines or any of its duly
Page 43 of 168
constituted authorities, which On the other hand, a public prosecutor

tend to disturb or obstruct the may be prosecuted for this crime in
performance of official functions, respect of the bribery committed, aside
or which tend to incite others to from dereliction of duty committed in
cabal and meet for unlawful violation of Art. 208 of the Revised Penal
purposes; Code, should he refrain form prosecuting
3. Inciting through the same media an offender who has committed a crime
of representation rebellious punishable by reclusion perpetua and/or
conspiracies or riots; death in consideration of any offer,
4. Stirring people to go against promise, gift or present.
lawful authorities, or disturb the
peace and public order of the Meanwhile, a police officer who refrains
community or of the Government; from arresting such offender for the
or same consideration abovestated, may be
5. Knowingly concealing any of the prosecuted for this felony since he is a
aforestated evil practices (Art. public officer entrusted with law
142, Revised Penal Code). enforcement.
CRIMES COMMITTED BY
PUBLIC OFFICERS Maliciously Refraining from Instituting
or Prosecuting an Offender (2008)
Bribery (2010)
No. IV. a. Manolo revealed to his friend
No. II. b. May a judge be charged and Domeng his desire to kill Cece. He likewise
prosecuted for such felony? How about a confided to Domeng his desire to borrow his
public prosecutor? A police officer? Explain. revolver. Domeng lent it. Manolo shot Cece
(5%) in Manila with Domeng's revolver. As his
gun was used in the killing, Domeng asked
SUGGESTED ANSWER:
Mayor Tan to help him escape. The mayor
No, a judge may not be charged of this gave Domeng P5,000.00 and told him to
felony because his official duty as a proceed to Mindanao to hide. Domeng went
public officer is not law enforcement but to Mindanao. The mayor was later charged
the determination of cases already filed as an accessory to Cece's murder.
in court.
Page 44 of 168
Can he be held liable for the charge? however, it was found that Roger and Jessie
Explain. (4 %) falsified the disbursement vouchers and
supporting documents in order to make it
SUGGESTED ANSWER: appear that qualified recipients who, in
fact, are non-existent individuals, received
If Domeng is not the principal to the
the money.
crime of murder, the Mayor may not be
held liable as accessory since he merely Roger and Jessie are charged with
assisted in the escape of an accomplice. malversation through falsification and
Par. 3 of Art. 19, RPC speaks of violation of Section 3 (e) of R.A. 3019 for
harboring or assisting in the escape of a causing undue injury to the government.
principal. The mayor, however can be Discuss the propriety of the charges filed
held liable as principal in the crime of against Roger and Jessie. Explain. (4%)
maliciously refraining from instituting or
prosecuting an offender under Art. 208 SUGGESTED ANSWER:
of the RPC.
The charge of malversation through
ALTERNATIVE ANSWER: falsification is not correct because the
falsification of several documents ware
If Domeng is a principal by indispensable not necessary means to obtain the
cooperation, the mayor can be held money that were malversed, the
liable as an accessory to the murder falsifications were committed to cover
under Art. 19 (3), RPC. up or hide the malversation and
therefore, should be separately treated
from malversation. The given facts
separately treated from malversation.
Malversation (2009)
The given facts state that Roger and
No. XVI. Roger and Jessie, Municipal Mayor Jessie falsified disbursement vouchers
and Treasurer, respectively, of San Rafael, and supporting documents “in order to
Leyte, caused the disbursement of public make it appear” that qualified recipients
funds allocated for their local development received the money. Art. 48, RPC on
programs for 2008. Records show that the complex crime is not applicable.
amount of P2-million was purportedly used

They should be charged of violation of
as financial assistance for a rice production
section 3(e) of RA 3019 for the breach of
livelihood project. Upon investigation,
public trust and due injury cause to the
Page 45 of 168
Government. The violation is a crime Malversation (2008)

malum prohibitum.
No. XIV. a. Eliseo, the deputy sheriff,
conducted the execution sale of the
property of Andres to satisfy the judgment
Malversation (2008) against him in favor of ABC Corporation, a
government-owned or controlled
No. V. b. Eman, a vagrant, found a bag
corporation with an original charter.
containing identification cards and a
However, the representative of the
diamond ring along Roxas Blvd. Knowing
corporation failed to attend the auction
that it was not his, he went to a nearest
sale. Gonzalo, the winning bidder,
police station to seek help in finding the
purchased property for P100,000 which he
owner of the bag. At the precint PO1 Melvin
paid to Eliseo. Instead of remitting the
attended to him. In the investigation Eman
amount to the Clerk of Court as ex-officio
proposed to PO1 Melvin, "in case you don't
Provincial Sheriff, Eliseo lent the amount to
find the owner let's just pawn straight to
Myrna, his officemate, who promised to
the pawnshop and pawned the ring for
repay the amount within two months, with
P50,000.00 Eman never saw PO1 Melvin
interest thereon. However, Myrna reneged
again.
on her promise. Despite demands of ABC
Corporation, Eliseo failed to remit the said
What is the criminal liability of PO1 Melvin,
amount.
is any? Explain ( 3% )
(a) State with reasons, the crime or crimes,

SUGGESTED ANSWER:
if any, committed by Eliseo. (4%)
PO1 Melvin committed the crime of

SUGGESTED ANSWER:
malversation of property under Art. 217,
RPC since the subject ring appears to be
Eliseo committed Malversation for
his accountability and the act of
allowing Myrna to misappropriate the
pawning the same constitutes
money for which he, as Sheriff, is
misappropriation.
accountable (Art. 217, RPC). In this case,
the act of Eliseo of lending the amount
to his officemate is tantamount to
permitting any other person to take the
public funds, considering that the
P100,000 involved is a public funds, it
Page 46 of 168
should be turned-over to the Office of He can be charged with qualified theft

the Clerk of Court. since the property stolen is mail matter
(Marcelo v. Sandiganbayan).
(b) Would your answer to the first question
be the same if ABC Corporation were a He may also be charged with forgery
private corporation? Explain. (3%) under Art. 169 (2) RPC, because there
was a material alteration on a genuine
SUGGESTED ANSWER:
document (Luis B. Reyes, The Revised
Penal Code, Volume II, page 198, 16th
The answer would be the same since
Edition [2006] citing US v. Solito, 36 Phil
even if ABC is a private corporation,
785).
Eliseo is still accountable for it, and the
same should be delivered to the Court.
He may be charged with falsification

under Art. 171 (1), (2) RPC, because he
Malversation; Falsification (2008) counterfeited signatures to make it

appear that the payees signed the money
No. X. Upon opening a letter containing 17 order and received payment.
money orders, the mail carrier forged the

signatures of the payees on the money
orders and encashed them. What crime or
Qualified Bribery (2010)
crimes did the mail carrier commit? Explain
briefly. (6%) No. II. a. What is the crime of qualified
bribery? (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
In Peo. v. Villanueva, the Supreme Court

Qualified robbery is a crime committed
held that the mail carrier is guilty of
by a public officer who is entrusted with
malversation and falsification.
law enforcement who, in consideration
of any offer, promise, gift or offer,
In US v, Gorospe, 31 Phil, the Supreme
refrains from arresting or prosecuting an
Court ruled the crime is infidelity in the
offender who has committed a crime
custody of documents.
punishable by reclusion perpetua and/or
death (Art. 211-A, RPC).
Page 47 of 168
CRIMES AGAINST PERSONS same constitutes theft. His possession

and use of the picklock “without lawful
Complex Crime; Rape with Homicide & cause” is by itself punishable under Art.
Theft (2009) 304, RPC.
No. XVII. a. Wenceslao and Loretta were

staying in the same boarding house,
Criminal Liabilities; Rape; Frustrated
occupying different rooms. One late
Homicide or Murder; Theft; Use of
evening, when everyone in the house was
Picklock (2009)
asleep, Wenceslao entered Loretta’s room
with the use of a picklock. Then, with force
No. XVII. c. Wenceslao and Loretta were
and violence, Wenceslao ravished Loretta.
staying in the same boarding house,
After he had satisfied his lust, Wenceslao
occupying different rooms. One late
stabbed Loretta to death and, before leaving
evening, when everyone in the house was
the room, took her jewelry.
asleep, Wenceslao entered Loretta’s room
with the use of a picklock. Then, with force
What crime or crimes, if any, did Wenceslao
and violence, Wenceslao ravished Loretta.
commit? Explain. (4%)
After he had satisfied his lust, Wenceslao
SUGGESTED ANSWER: stabbed Loretta to death and, before leaving

the room, took her jewelry.
Wenceslao committed the following
crimes: (1) the special complex crime of Would your answer to [a] be the same if,
rape with homicide (2) theft and (3) despite the serious stab wounds she
unlawful possession of picklocks and sustained, Loretta survived? Explain. (3%)
similar tools under Art. 304, RPC. His

SUGGESTED ANSWER:
act of having carnal knowledge of
Loretta against her will and with the use
No, the answer will be different. In that
of force and violence constituted rape,
case, the crime committed would be four
plus the killing of Loretta by reason or
separate crimes of (1) rape (2) frustrated
on the occasion of the rape, gave rise to
homicide or murder (3) theft and (4)
the special complex crime of rape with
unlawful possession and use of picklocks
homicide. Since the taking of the jewelry
under Art. 304, RPC. The special
was an afterthought as it was dome only
complex crime of rape with homicide is
when he was about to leave the room
constituted only when both of them are
and when Loretta was already dead, the
Page 48 of 168
not consummated, they are to be In this case, there is no tumultuous

charges and punished separately. In any affray since the participants in the
event, the possession of the picklock rumble belong to organized fraternities.
“without lawful cause”, more so its use The killer of A, a member of SFC
in an unlawful entry is punishable as a Fraternity could not be any other but
crime by itself. member of the rival fraternity.
Conspiracy is therefore present among
the attackers form the rival fraternity
and thus rules out the idea of an affray.
Death Caused in a Tumultuous Affray
The liability of the attackers should be
(2010)
collective for the crime of homicide or
No. X. A, B and C are members of SFC murder as the case may be.
Fraternity. While eating in a seaside
restaurant, they were attacked by X, Y and
Z, members of a rival fraternity. A rumble Giving Assistance to Suicide (2008)
ensued in which the abovenamed members
of the two fraternities assaulted each other No. VIII. Francis and Joan were
in a confused and tumultuous manner sweethearts, but their parents had objected
resulting in the death of A. As it cannot be to their relationship because they were first
ascertained who actually killed A, the cousins. They forged a pact in writing to
members of the two fraternities who took commit suicide. The agreement was to
part in the rumble were charged for death shoot each other in the head which they
caused in a tumultuous affray. Will the did. Joan died. Due to medical assistance,
charge prosper? Explain. (4%) Francis survived. Is Francis criminally
liable for the death of Joan? Explain. (5%)
SUGGESTED ANSWER:
No, the charge of death caused in a SUGGESTED ANSWER:

tumultuous affray will not prosper. In
death caused by tumultuous affray under Yes. Francis is criminally liable for
Art. 251 of the Revised Penal Code, it is assisting in the suicide of Joan, as
essential that the persons involved did evidenced by their written pact (Art.
not compose groups organized for the 253, RPC).
common purpose of assaulting and

attacking each other reciprocally.
Page 49 of 168
Homicide; Stages of Execution (2012) proven, the crime committed is

frustrated or attempted homicide. If
No. X. a. Explain and illustrate the stages intent to kill is not proven, the crime
of execution of the crime of homicide, committed is physical injuries. Thus,
taking into account the nature of the lack of intent to kill is a defense in
offense, the essential element of each of the attempted or frustrated homicide.
stages of execution and the manner of
committing such international felony as Nature of the crime – if the offender with
distinguished from felony committed intent to kill attempted to inflict or
through reckless imprudence. (5%) inflicted non-mortal wounds upon the
victim, he already directly commenced
SUGGESTED ANSWER: an overt act to commit homicide. Hence,
the crime committed is attempted
Elements of the crime – homicide as an
homicide if he failed to inflict mortal
intentional felony has three stages,
wounds upon the victim by reason of
attempted, frustrated and consummated.
some cause or accident other than his
In whatever stages homicide is
own spontaneous desistance. If the
committed, intent to kill must be
offender with intent to kill inflicted
established for being an indispensable
mortal wounds upon the victim, he
element thereof. However, if the victim
already performed all acts of execution
died as a consequence of wound cause by
which would produced the homicide as a
an act committed with malice, intent to
consequence. Hence, the crime is
kill in conclusive presumed and the
frustrated or consummated homicide. If
crime committed is consummated
death is not produced despite the mortal
homicide. Because of this conclusive
character of the wounds due to causes
presumption, lack of intent to kill is not
independent to the will of the offender,
a defense in consummated homicide.
the crime committed is frustrated
(Note: In consummated homicide, the
homicide. If death is produced, the
accused may provide lack of intent to
crime committed is consummated
kill for purpose of appreciating the
homicide. In this situation, all the
mitigating circumstance of praeter
elements necessary for execution and
intentionem). But if the victim did not
accomplishment of homicide are present
die as a consequence of wounds cause by
if the victim die due to wounds inflicted
an act committed with malice, intent to
with the offender with intent to kill.
kill must be established beyond
reasonable doubt. If intent to kill is
Page 50 of 168
Intentional felony and culpable felony – SUGGESTED ANSWER:

homicide regardless of stages must be
committed with malice (general intent) No, the answer would not be the same.
and intent to kill (specific intent). Even Charlie would be criminally liable for less
if there I no intent to kill and evil intent, serious physical injuries because his act
the offender is liable for culpable felony of mixing the powder with Brad‟s food
if the victim died or injured as a result of was done with felonious intent and was
the recklessness of the former. If there the proximate cause of Brad‟s illness for
is no intent to kill, evil intent and 10 days. It cannot constitute attempted
recklessness on the part of the accused, murder, although done with intent to
he is not liable for his intentional act, kill, because the means employed is
which cause the death of or injury upon inherently ineffectual to cause death and
the victim because of the exempting the crime committed must be directly
circumstance of accident. linked to the means employed, not to

the intent. Liability for an impossible
crime can only arise from a
consummated act.
Less Serious Physical Injuries (2009)
No. IV. b. Charlie hated his classmate,

Brad, because the latter was assiduously Less Serious Physical Injuries; Simple
courting Lily, Charlie’s girlfriend. Charlie Negligence (2007)
went to a veterinarian and asked for some
poison on the pretext that it would be used No. IX. During a concert of Gary V. and in
to kill a very sick, old dog. Actually, Charlie order to prevent the crowd from rushing to
intended to use the poison on Brad. the stage, Rafael Padilla {a security guard}
pointed his gun at the onrush of people.
The veterinarian mistakenly gave Charlie a When the crowd still pushed forward,
non-toxic powder which, when mixed with Rafael fired his gun into air to scare them
Brad’s food, did not kill Brad. off. However, the bullet hit one of the metal
roof supports, ricocheted and then hit one
Would your answer be the same if Brad of the stage crew members, causing injuries
proved to be allergic to the powder, and which resulted in the latter’s confinement
after ingesting it with his food, fell ill and in a hospital for twelve days.
was hospitalized for ten (10) days? Explain.
(3%)
Page 51 of 168
What crime/s did Rafael commit? Explain ALTERNATIVE ANSWER:

your answer. (10%)
The crime is reckless imprudence
SUGGESTED ANSWER: resulting in less serious physical
injuries, because the discharge of the
The crime committed by Rafael is Simple firearm was not necessary under the
Negligence Resulting in Less Serious circumstances and therefore, Rafael
Physical Injuries. Rafael is a security should be aware of the possibility of
guard and was on duty when he injuries that could result from such
discharged the firearm. The discharged discharge of the firearm.
of the firearm was not calculated to
cause alarm or danger but simply to
ward off the unruly crowd which
persisted in moving forward, thereby Murder; Frustrated; Qualified Treachery
challenging the duty he was to fulfill (2009)
there. The discharge of the firearm,

No. XIV. Following his arrest after a valid
therefore, should neither constitute a
buy-bust operation, Tommy was convicted
crime of Alarms and Scandal under Art.
of violation of Section 5, Republic Act 9165.
155 of the Revised Penal Code nor may
On appeal, Tommy questioned the
such discharge amount to a crime of
admissibility of the evidence because the
Illegal Discharge of Firearms under Art.
police officers who conducted the buy-bust
254 of the Code since it was not directed
operation failed to observe the requisite
towards a particular person when the
"chain of custody" of the evidence
firearm was discharged.
confiscated and/or seized from him.
However, the physical injuries resulting

What is the "chain of custody" requirement
from the discharge of the firearm betrays
in drug offenses? What is its rationale?
a lack of precaution in a situation where
What is the effect of failure to observe the
the danger to the discharge of the
requirement? (3%)
firearm is not clearly manifest, thus
considered as simple imprudence only.
SUGGESTED ANSWER:
The crime committed is Simple
Imprudence Resulting In Less Serious “Chain of Custody” requirement in drug
Physical Injuries, since the physical offense refers to the duly recorded,
injuries required only twelve (12) days of authorized movement and custody of
medical attention.
Page 52 of 168
seized dangerous drugs, controlled Murder; Reckless Imprudence (2007)

chemicals, plant sources of dangerous
drugs, and laboratory equipment of No. VII. Eddie brought his son Randy to a
dangerous drugs from the time local faithhealer known as "Mother Himala."
confiscation/seizure thereof from the He was diagnosed by the faithhealer as
offender, to its turn-over and receipt in being possessed by an evil spirit. Eddie
the forensic laboratory for examination thereupon authorized the conduct of a
to its safekeeping and eventual "treatment" calculated to drive the spirit
presentation/offer in court as evidence from the boy’s body. Unfortunately, the
of the criminal violation, and for procedure conducted resulted in the boy’s
destruction (Dangerous Drugs Board death.
Regulation No. 1 Series of 2002).

The faithhealer and tree others who were
Its rationale is to preserve the part of the healing ritual were charged with
authenticity of the corpus delicti or murder and convicted by the lower court. If
body of the crime by rendering it you are appellate court Justice, would you
improbable that the original item sustain the conviction upon appeal?
seized/confiscated in violation has been Explain your answer. (10%)
exchanged or substituted with another

SUGGESTED ANSWER:
or tampered with or contaminated. It is
a method of authenticating the evidence
No, the conviction of murder should not
as would support a finding beyond
be sustained, because there is no
reasonable doubt that the matter is what
indication that the accused acted with
the prosecution claims to be.
intent to kill Randy. On the contrary,
the facts show that the accused acted to
Failure to observe the „chain of custody”
“treat” the victim in a way of driving the
requirement renders the evidence
evil spirit which was believed to have
questionable, not trustworthy and
“possessed” him. Considering that
insufficient to prove the corpus delicti
proximate cause of the victim‟s death
beyond reasonable doubt. Hence, Tommy
was the healing ritual done by the
would be acquitted on reasonable doubt.
accused which is not recognized in law
as legitimate, the accused are criminally
liable for the victim‟s death. As they
may have overdone the “healing ritual”
they conducted on the victim‟s body,
Page 53 of 168
causing the latter‟s death, although the round 3:00 in the morning, Mauro, a
intent to kill was absent, the accused member of the criminal syndicate, arrived
may be held criminally liable for at Antonio's home and hurled a grenade
Reckless Imprudence Resulting in inti an open window of the bedroom where
Homicide. Antonio, his wife and their three year-old
daughter were sleeping. All three of them
ALTERNATIVE ANSWER: were killed instantly when the grenade
exploded.
No, because none of the circumstances
qualifying the killing to murder in Art. State, with reason, the crime or crimes that
248 attended the crime. had been committed as well as the
aggravating circumstances, if any,
The faithhealer and his co-accused
attendant thereto. (7%)
should only be liable for homicide,
because they are not authorized by law SUGGESTED ANSWER:
to practice medicine and were therefore
acting illegally although the wrongful act Roger & Mauro conspired to commit the
done was different form what they crime of murder qualified by treachery,
intended. with the use of means involving great
waste and ruin. In this case, Mauro is
liable as a principal by direct
participation by using a grenade and
Murder; Treachery (2008)
hurled into an open window of the
victim‟s bedroom. Killing the victims
No. XV. Roger, the leader of a crime
while they were sleeping and in no
syndicate in Malate, Manila, demanded the
position to defend themselves, is a
payment by Antonio, the owner of a motel
treacherous act (People v. Aguilar, 88
in that area, of P10,000 a month as
Phil 693, 1951).
"protection money". With the monthly
payment, Roger assured, the syndicate
The following are the aggravating
would provide protection to Antonio, his
circumstances:
business, and his employees. Should
Antonio refuse, Roger warned, the motel 1. Sec. 3, R.A. 8294 – when a person
owner would either be killed or his commits any of the crime under
establishment destroyed. Antonio refused to the RPC or special laws with the
pay the protection money. Days later, at use of explosive, etc. and alike
Page 54 of 168
incendiary devices which resulted Leoncio‟s lewd acts in the course of

in the death of any person. dancing. So where the dance ended,
2. Art. 23, R.A. 7659 – Leoncio‟s continued dirty acts cannot be
organized/syndicated crime veiled as still part of dancing.
group.
CRIMES AGAINST PERSONAL

Exploitation of Child Labor (2009)
LIBERTY AND SECURITY
No. I. b. The creditor who resorts to forced
Acts of Lasciviousness (2009) labor of a child under the pretext of
reimbursing himself for the debt incurred
No. XVIII. b. At the Maligaya Disco Club, by the child’s father commits the crime of
Leoncio and Evelyn were intimately dancing slavery
a very seductive dance number. While
gyrating with their bodies, Leoncio dipped SUGGESTED ANSWER:
his private parts in Evelyn’s buttocks.
Incensed, Evelyn protested, but Leoncio False, the proper offense is exploitation
continued and tightly embraced her. of child labor (Art. 273, RPC).
Exploitation of child labor is committed
Would your answer be the same if, even by a person, who under the pretext of
after the music had stopped, Leoncio reimbursing himself of a debt incurred
continued to dance dirty, rubbing his by an ascendant, guardian or person
private parts on Evelyn’s buttocks? entrusted with the custody of a minor,
Explain. (3%) shall against the minor‟s will, retain him
in his services.
SUGGESTED ANSWER:
The crime would then be acts of

lasciviousness. That the music for Kidnapping and Serious Illegal Detention
dancing had already stopped, puts an (2009)
end to any pretense of dancing by
Leoncio. His continues dirty acts absent No. IX. Virgilio, armed with a gun, stopped
the dancing as there was no music a van along a major thoroughfare in Manila,
anymore is patently lewd and lascivious. pointed the gun at the driver and
More so, Evelyn already protested shouted: "Tigil! Kidnap ito!"
Page 55 of 168
Terrified, the driver, Juanito, stopped the care of the child until the ransom is
van and allowed Virgilio to board. Inside the paid, the crime committed is Serious
van were Jeremias, a 6-year-old child, son Illegal Detention because the offended
of a multi-millionaire, and Daday, the party deprived of liberty is a female (Art.
child’s nanny. Virgilio told Juanito to drive 267, par.4, RPC).
to a deserted place, and there, ordered the
driver to alight. Before Juanito was allowed As to Juanito, the driver of the van who
to go, Virgilio instructed him to tell was seriously intimidated with a gun
Jeremias’ parents that unless they give a pointed at him and directed to stop the
ransom of P10-million within two (2) days, van and allow the gun-man to board the
Jeremias would be beheaded. Daday was same, and thereafter to drive to a
told to remain in the van and take care of deserted place, the crime committed by
Jeremias until the ransom is paid. Virgilio Virgilio I Grave Coercion (Art. 286, RPC)
then drove the van to his safehouse. and Slight Illegal Detention (Art. 268,
RPC) for holding the driver before he was
What crime or crimes, if any, did Virgilio allowed to go.
commit? Explain. (5%)
SUGGESTED ANSWER:
Kidnapping and Serious Illegal Detention
The crime committed against Jeremias, with Rape (2013)
the 6 year-old child, is Kidnapping with
Serious Illegal Dtention under Art. No. II. While walking alone on her way
267(4), RPC. The evident criminal intent home from a party, Mildred was seized at
of the offender, Virgilio, is to lock up the gun point by Felipe and taken on board a
child to demand ransom. Whether or not tricycle to a house some distance away.
the ransom was eventually obtained will Felipe was with Julio, Roldan, and Lucio,
not affect the crime committed because who drove the tricycle.
the demand for ransom is not an

At the house, Felipe, Julio, and Roldan
element of the crime; it only qualifies
succeeded in having sexual intercourse
the penalty to death but the imposition
with Mildred against her will and under the
of the penalty is now prohibited by Rep.
threat of Felipe's gun. Lucio was not around
Act. No. 9346.
when the sexual assaults took place as he
As to Daday, the nanny of the child who left after bringing his colleagues and
was told to remain in the van and take Mildred to their destination, but he
Page 56 of 168
returned everyday to bring food and the purpose (People v. Miranda, Jr., GR No.
news in town about Mildred's 186417, July 27, 2011). Albeit, Lucio
disappearance. For five days, Felipe, Julio was not around when the sexual assault
and Roldan kept Mildred in the house and took place, his complicity is evident as
took turns in sexually assaulting her. On he was the one who drove the tricycle
the 6th day, Mildred managed to escape; and returned every day to bring food and
she proceeded immediately to the nearest news to his cohorts.
police station and narrated her ordeal.
What crime/s did Felipe, Julio, Roldan, and

Lucio commit and what was their degree of Light coercion (2007)
participation? (7%)
No. X. Pinky was a lessee of a market stall
SUGGESTED ANSWER: owned by Giovanni. When Pinky refused to

pay her rental, Giovanni nailed some
Felipe, Julio, Roldan and Lucio are all wooden barricades on one of the sides of
liable of the special complex crime of the market stall and posted this warning:
kidnapping and serious illegal detention "We have closed this portion of the door. Do
with rape. It was sufficiently proved that not open it or else something may happen
the four kidnapped Madrid and held her to you."
in detention for five days and carnally
abused her. Notably, however, no matter What crime/s did Giovanni commit, if any?
how many rapes have been committed in Explain your answer. (10%)
the special complex crime of kinapping

SUGGESTED ANSWER:
with rape, the resultant crime is only
one kidnapping with rape. The
The crime committed by Giovanni is
composite acts are regarded as a single
light coercion under Art. 287 of the
indivisible offense with only one penalty.
Revised Penal Code, commonly referred
The offense is not forcible abduction
to as unjust vexation. Although what was
with raoe since it was obvious that the
done by Giovanni could reasonably be
intent is to detain the victim.
assumed as a retaliation to the lessee‟s
refusal to pay rent, absent any clear
As to the degree of their participation,
violence in the premises, such would not
all of them are principally liable because
bring about a case of grave coercion. The
of implied conspiracy as they acted
situation should be interpreted liberally
toward a single criminal design or
Page 57 of 168
in favor of the offender. The rule of pro and brought up on inquest. What charge/s,
reo precludes any finding for grave if any, may he be held responsible for?
coercion, because it would be against the Explain. (5%)
offender.
SUGGESTED ANSWER:
The written warning which states “or

Canuto may be held liable only for the
else something may happen to you” is so
milder crime of “unjust vexation” which
equivocal that it may not be interpreted
is a form of light coercion under Art. 287
as felonious. A crime is never presumed;
of the Revised Penal Code. Instead of the
it is contrary that is presumed.
crime of acts of lasciviousness although
the offender is known for his voyeurism.
ALTERNATIVE ANSWER:
Our Revised Penal Code inclines towards

The crime committed by Giovanni is
milder criminal responsibility,
grave coercion because barricading one
consistent with the presumption of
of the sides of the market stall was an
innocence under our system applying
act of violence deliberately done. It is
penal laws. Holding the hip of a person is
not only an act of unjust vexation or
not per se lascivious but undoubtedly
light coercion but of grave coercion.
annoys, irritates, and vexed the young
offended party. The attitude to
prosecute the offender for the milder
Unjust Vexation (2010) crime of unjust vexation may be proper
considering his age and civil status.
No. VII. A widower of ten years,
septuagenarian Canuto felt that he had
license to engage in voyeurism. If not
peeping into his neighbors’ rooms through Unjust Vexation (2009)
his powerful single-cylinder telescope, he

No. XVIII. a. At the Maligaya Disco Club,
would trail young, shapely damsels along
Leoncio and Evelyn were intimately dancing
the hallways of shopping malls. While going
a very seductive dance number. While
up the escalator, he stayed a step behind a
gyrating with their bodies, Leoncio dipped
mini-skirted one, and in a moment of
his private parts in Evelyn’s buttocks.
excitement, put his hand on her left hip
Incensed, Evelyn protested, but Leoncio
and massaged it. The damsel screamed and
continued and tightly embraced her.
hollered for help. Canuto was apprehended
Page 58 of 168
What crime or crimes, if any, did Leoncio force and violation, they shall be deemed
commit? Explain. (3%) highway robbers or brigands (Article 306
of the Revised Penal Code).
SUGGESTED ANSWER:
Leoncio committed the crime of unjust

vexation only because the act was done Brigandage vs. Robbery in Band (2012)
in the course of dancing. The act of
dipping his private part of a dirty No. VII. a. Distinguish brigandage from
dancing. The act of dipping his private robbery in band as to elements, purpose of
parts in Evelyn‟s buttocks during a very the of fender and agreement among the
seductive dance, although offensive to offenders. (5%)
Evelyn, may be viewed as part of a dirty

SUGGESTED ANSWER:
dancing. Lewd intent cannot simply be
presumed from the act of dirty dancing.
The following distinction between
The fact that the act was perpetrated in
brigandage and robbery by band: The
a public place and with an audience,
main object of the Brigandage Law is to
negates lewd design or lascivious intent,
prevent the formation of bands of
which is essential in the crime of acts of
robbers. The heart of the offense
lasciviousness.
consists in the formation of a band by
more than three armed persons for the
CRIMES AGAINST purpose indicated in Article 306 of the
PROPERTY Revised Penal Code. Such formation is
sufficient to constitute a violation of
Brigandage; Brigands (2012) Article 306. It would not be necessary to
show, in a prosecution under it, that a
No. VII. a. Who are brigands? (5%) member or members of the band actually
committed robbery or kidnapping or any
SUGGESTED ANSWER:
other purpose attainable by violent
means. The crime is proven when the
When more than three armed persons
organization and purpose of the band are
form a band of robbers for the purpose of
shown to be such as are contemplated by
committing robbery in the highway, or
Art. 306. On the other hand, if robbery
kidnapping persons for the purpose of
or kidnapping, etc., the crime would not
extortion or to obtain ranom, for any
be brigandage, but only robbery. Simply
other purpose to be attained by means of
Page 59 of 168
because robbery was committed by a ransom;

band of more than three armed persons, 3. Any
it would not follow that it was other
committed by a band of brigands. In the purpose
Spanish text Article 306, it is required to be
that the band “sala a los campos para achieved
dedicarse a robar” (People v. Puno, G.R. by means
No. 97471, February 17, 1993). of force
or
ALTERNATIVE ANSWER: violence.
Brigandage Robbery in Agreeme The agreement The

Band nt among more agreement
Elements 1. There are More than than three is only to
at least 4 three armed men is to commit a
persons; armed commit robbery particular
2. They malefactor in the highway. robbery.
form a s take part
band of in the
robbers; commissio
3. The n of a BP 22 (2013)
purpose robbery.
No. X. Frank borrowed P1,000,000 from his
is any of
brother Eric. To pay the loan, Frank issued
the
a post-dated check to be presented for
following:
payment a month after the transaction. Two
(see
days before maturity, Frank called Eric
below)
telling him he had insufficient funds and
Purpose 1. Commit Commit requested that the deposit of the check be
robbery robbery, deferred. Nevertheless, Eric deposited the
in a but not check and it was dishonored. When Frank
highway; necessaril failed to pay despite demand, Eric filed a
2. Kidnap y in a complaint against him for violation of Batas
to extort highway. Pambansa Big. 22 (The Bouncing Checks
or get Law).
Page 60 of 168
Was the charge brought against Frank The two then approached trader C whom
correct? (7%) they asked to change the check with cash,
even agreeing that the exchange be
SUGGESTED ANSWER: discounted at P85,000.00 with the
assurance that the check shall be funded
Yes, the charges brought against Frank
upon maturity. Upon C’s presentment of
is correct. Violation of BP 22 is malum
the check for payment on due date, it was
prohibitum which is committed by mere
dishonored because the account had
issuance of a check. Good faith is not a
already been closed.
defense. As long as the check was issued
on account or for value, the purpose for What action/s may C commence against A
which the check was issued, the terms and B to hold them to account for the loss
and conditions relating to the issuance of her P85,000.00? Explain. (5%)
are irrelevant to the prosecution of the
SUGGESTED ANSWER:
offender. For this reason, the request of
Frankto defer the deposit of the check A criminal action for violation of BP 22
as it ahs insufficient funds will not may be filed against B who drew the
militate against his prosecution for BP postdated check against a closed bank
22. Despite notice, Frank can still be account, for value paid by C, and with
charged. knowledge at the time he issued the
check that the account thereof is
Moreover, if what is charged is Estafa,
already closed.
Frank, being a brother of the offended
party, cannot be held criminally liable A cannot be held liable under BP 22
under Article 332, RPC. because he was a mere endorser of B‟s
check to C who exchanged the check in
cash. BP 22 does not apply to endorser
of checks. Hence only a civil action may
BP 22 (2010)
be filed by C against A to recover the
P85,000.00.
No. VIII. A asked financial support from her
showbiz friend B who accommodated her by
Although a simultaneous action for
issuing in her favor a postdated check in
estafa is authorized by law for the
the sum of P90,000.00. Both of them knew
issuance of a worthless check, under the
that the check would not be honored
given facts, the check was discounted
because B’s account had just been closed.
and thus issued in a credit transaction
Page 61 of 168
for a pre-existing indebtedness. Criminal intent to cause damage attends the

liability for estafa does not arise when a falsification, it will be the same damage
check has been issued in payment for a or intent to cause damage that will
pre-existing debt. attend the estafa.
If such “talaan” or ledger was a

commercial document, damage or proof
Estafa; Abuse of Confidence (2007) of intent to cause damage is not
necessary. The falsification alone if done
No. VIII. Fe is the manager of a rice mill in
with intent to pervert the truth, would
Bulacan. In order to support a gambling
bring about criminal liability for
debt, Fe made it appear that the rice mill
falsification of a commercial document.
was earning less than it actually was by
Damage or intent to cause damage,
writing in a "talaan" or ledger a figure lower
would sustain the estafa independently
than what was collected and paid by their
of the falsification of the commercial
customers. Fe then pocketed the difference.
document. In this case, two (2) separate
What crime/s did Fe commit, If any?
crimes are committed; namely, estafa
Explain your answer. (10%)
and falsification of the commercial
document. The falsification should not
SUGGESTED ANSWER:
be complexed with the estafa since it
If the “talaan” or ledger which Fe made was not committed as a necessary means
to show a falsehood was a private to commit the estafa but rather resorted
document, they only crime that Fe to, to conceal or hide the
committed was estafa thru abuse of misappropriation of the amount she
confidence or unfaithfulness. Criminal pocketed.
liability for falsification of a private

ALTERNATIVE ANSWER:
document does not arise without damage
or at least proof of intent to cause
The crimes committed by Fe are theft
damage. it cannot co-exist with the
and falsification of private document
crime of estafa which is also essentially
because Fe‟s possession of the proceeds
requires damage or at least proof of
of the rice mill was only physical, not
intent to cause damage. Since the
juridical possession, and having
“talaan” was falsified to cover-up or
committed the crimes with grave abuse
conceal the misappropriation of the
of confidence, it is qualified theft.
amount involved, whatever damage or
Page 62 of 168
The falsification is a separate crime from of violation of BP 22, since each

the theft because it was not committed swindling is achieved through distinct
as a necessary means to commit the fraudulent machinations contrived at
theft but resorted to only to hide or different time or dates, and in different
conceal the unlawful taking. amounts. Moreover, his drawing of
separate checks payable to each payee is
a separate criminal resolution, as they
must be of different amounts and of
Estafa and B.P. 22 (2009)
different dates. He acted with separate
fraudulent intent against each swindling
No. XIII. b. Angelo devised a Ponzi Scheme
and issuing each check. It cannot be
in which 500 persons were deceived into
maintained that hi acts are the product
investing their money upon a promise of a
of one criminal resolution only.
capital return of 25%, computed monthly,
and guaranteed by post-dated checks.
ALTERNATIVE ANSWER:
During the first two months following the
investment, the investors received their Yes, Angelo committed only one count of
profits, but thereafter, Angelo vanished. estafa and one count of violation of BP
22 because his acts were propelled by
Angelo was charged with 500 counts of
one and the same intent to defraud
estafa and 2,000 counts of violation of
(Santiago v. Garchitorena, 228 SCRA
Batas Pambansa (BP) 22. In his motion to
214[1993]).
quash, Angelo contends that he committed
a continued crime, or delito
continuado, hence, he committed only one
count of estafa and one count of violation of Estafa; Falsely Pretending to Possess
BP 22. Power (2008)
Is Angelo’s contention tenable? Explain. No. IX. a. Dennis leased his apartment to
(4%) Myla for P10,000 a month. Myla failed to
pay the rent for 3 months. Gabriel, the son
SUGGESTED ANSWER:
of Dennis, prepared a demand letter falsely
alleging that his father had authorized him
No, his contention is not tenable. He
to collect the unpaid rentals. Myla paid the
committed as many count of estafa
unpaid rentals to Gabriel who kept the
against the 500 victims and 2000 count
payment.
Page 63 of 168
estafa through falsification of public

Did Gabriel commit a crime? Explain. (4%) document.
SUGGESTED ANSWER: Was the criminal charge proper? (7%)
SUGGESTED ANSWER:
Yes, Gabriel committed the crime of
Estafa under Art. 315, Par. 2(a), RPC by
The criminal charge of estafa through
fraudulent acts executed prior to or
falsification is correct. William forged
simultaneous with the fraud or falsely
the signature of his mother-in-law in the
pretending to possess agency. Myla paid
Special Power of Attorney, which is a
the money because she relied upon the
public document, as a necessary means
demand letter prepared by Gabriel with
to sell her properties to third parties
the false allegation that he was
without delivering the proceeds thereof.
authorized to collect rentals.
Although the relationship of affinity
created between William and his mother-
in-law survived the death of either party
Estafa through Falsification (2013)
to the marriage, the coverage of the
No. VIII. William is the son-in-law of absolutory cause under Article 332 (1) of
Mercedes who owns several pieces of real the Revised Penal Code cannot be
property. In 1994, William's wife, Anita, applied to him. It is strictly limited to
died. In 1996, William caused the the simple crimes of theft, estafa and
preparation of a Special Power of Attorney malicious mischief. It does not apply
(SPA) giving him the authority to sell two (2) where any of the crimes mentioned is
parcels of land registered in the name of complex with another crime. This is
Mercedes. The signature of Mercedes in the because when estafa is committed
SPA was forged and, through this forged through falsification of a public
SPA and without the consent and document, the matter acquires a very
knowledge of Mercedes, William succeeded serious public dimension and goes
in selling the two (2) parcels for Php beyond the respective rights and
2,000,000. He pocketed the proceeds of the liabilities of family member among
sale. themselves. Effectively, when the

offender resorts to an act that breaches
Mercedes eventually discovered William's the public interest in the integrity of
misdeeds and filed a criminal complaint. public documents as a mean to violate
William was subsequently charged with the property rights of a family member,
Page 64 of 168
he is removed form the protective person on any Philippine highway.

mantle of the absolutory cause under Hence, the elements of highway robbery
Article 332 (Intestate Estate of Manolita are:
Gonzales Vda. De Carungcong v. People,
GR No. 181409, February 11, 2010. a. Intent to gain;
b. Unlawful taking of property of
another;
c. Violence against or intimidation
Highway Robbery (2012) of any person;
d. Committed on a Philippine
No. IV. b. A postal van containing mail
highway;
matters, including checks and treasury
e. Indiscriminate victim
warrants, was hijacked along a national
highway by ten (1 0) men, two (2) of whom To obtain a conviction for highway
were armed. They used force, violence and robbery, the prosecution must prove
intimidation against three (3) postal that the accused were organized for the
employees who were occupants of the van, purpose of committing robbery
resulting in the unlawful taking and indiscriminately. If the purpose is only a
transportation of the entire van and its particular robbery, the crime is only
contents. robbery, or robbery in a band if there are
at least four armed participants (See:
If you were the defense counsel, what are
People v. Mendoza, G.R. No. 104461,
the elements of the crime of highway
February 23, 1996).
robbery that the prosecution should prove
to sustain a conviction? (5%)
SUGGESTED ANSWER: Persons Exempt from Criminal Liability

(2008)
Under Section 2 of P.D. 532, highway
robbery is defined as he seizure of any
No. IX. b. Dennis leased his apartment to
person for ransom, extortion or other
Myla for P10,000 a month. Myla failed to
unlawful purposes, or the taking away of
pay the rent for 3 months. Gabriel, the son
the property of another by means of
of Dennis, prepared a demand letter falsely
violence against or intimidation of
alleging that his father had authorized him
person or force upon things or other
to collect the unpaid rentals. Myla paid the
unlawful means, committed by any
Page 65 of 168
unpaid rentals to Gabriel who kept the The elements of this crime are:
payment.
1. Unlawful taking of personal
property belonging to another
Can Gabriel invoke his relationship with
(the earnings of the taxi-driver);
Dennis to avoid criminal liability? Explain.
2. Intent to gain in the taking (of
(3%)
the earnings which belong to the
SUGGESTED ANSWER:
taxi-driver);
No. Gabriel cannot invoke Art. 332, RPC 3. Violence against or intimidation
(Persons exempt from criminal liability). of person or force upon things
It is Myla, not the father Dennis, who is was employed in the taking; and
the offended party under Art. 315 (2)(a) 4. There were more than three
(Luis B. Reyes, The Revised Penal Code, armed malefactors taking part in
Volume II, page 853,16th Edition the commission of the robbery
[2006]). (Art. 296 in relation to Art. 294,

Revised Penal Code)
Robbery; By a Band (2010) Robbery in an Inhabited House (2008)
No. XXIII. a. Christopher, John, Richard, No. XIII. Lucas had been the stay-in
and Luke are fraternity brothers. To protect houseboy of spouses Nestor and Julia for
themselves from rival fraternities, they all Five Years. One Night, while Nestor and
carry guns wherever they go. One night, Julia were out having dinner, Lucas and his
after attending a party, they boarded a friend Pedro gained entry into the masters'
taxicab, held the driver at gunpoint and bedroom with the used of a false key. They
took the latter’s earnings. found Julia's jewelry box in one of the
cabinets which was unlocked. Lucas
What crime, if any, did the four commit?
believed that Julia's jewelry inside the box.
Enumerate the elements of the crime. (2%)
Unknown to Lucas and Pedro, the box was
SUGGESTED ANSWER: empty. Pedro took the box and left the
bedroom with Lucas. They were shock
The crime committed is robbery by a when they saw Nestor in the sala, pointing
band since there were four (4) offenders a gun at them. Nestor ordered them to stop
acting in concert in committing the and hand over the box. Pedro complied. It
robbery and all the four were armed. turned out that Nestor had just arrived in
Page 66 of 168
time to see Lucas and Pedro leaving the No, the crime becomes robbery with
master's bedroom with the box. homicide and all the fraternity brothers
are liable. The existence of a band shall
State with reasons, the crime or crimes, if be appreciated only as generic
any, Lucas and Pedro committed. (7%) aggravating circumstance. Also, if the
firearms used were unlicensed, the same
SUGGESTED ANSWER:
would only be taken as generic
aggravating circumstance as provided by
Lucas and Pedro committed Robbery in
the Rep. Act No. 8294 (People v.
an Inhabited House (Art. 299) for gaining
Bolinguet, G.R. Nos. 137949-52,
entry into the house by means of a false
December 11, 2003).
key.
ALTERNATIVE ANSWER:
Robbery w/ Homicide (2009)

Lucas and Pedro may also be charged
with qualified theft because Lucas
No. I. d. A person who, on the occasion of a
abused the trust and confidence of
robbery, kills a bystander by accident is
Nestor and Julia, which gave his access
liable for two separate crimes: robbery and
to the house.
reckless imprudence resulting in homicide.
SUGGESTED ANSWER:
Robbery w/ Homicide (2010)

False, only one crime of robbery with
homicide is constituted because the
No. XXIII. b. Christopher, John, Richard,
Revised Penal Code punishes the crime
and Luke are fraternity brothers. To protect
as only one indivisible offense when a
themselves from rival fraternities, they all
killing, whether intentional or accident,
carry guns wherever they go. One night,
was committed by reason or on occasion
after attending a party, they boarded a
of a robbery (Art. 294[1], RPC; People v.
taxicab, held the driver at gunpoint and
Mabasa, 65 Phil. 568 [1938]).
took the latter’s earnings.
Would your answer be the same if they

killed the driver? Explain. (2%)
SUGGESTED ANSWER:
Page 67 of 168
Robbery w/ Homicide (2009) SUGGESTED ANSWER:
No. VIII. While Alfredo, Braulio, Ciriaco, Braulio shall be liable for Robbery with
and Domingo were robbing a bank, Homicide (Art. 294[1], RPC) for killing
policemen arrived. A firefight ensued Alfredo, since the killing was by reason
between the bank robbers and the of the robbery. Ciriaco and Domingo
responding policemen, and one of the having conspire only in the commission
policemen was killed. of the robbery, should only incur liability
for the crime conspired upon – the
(b) Suppose it was Alfredo who was killed robbery, unless they were with Braulio
by the responding policemen, what charges during the killing and could have
can be filed against Braulio, Ciriaco and prevented the same but they did not, in
Domingo? Explain. (2%) which case they shall be also be liable for
Robbery with Homicide.
SUGGESTED ANSWER:
It is of no moment that the person killed

The crime of which Brulio, Ciriaco and
is one of the robbers and he was killed
Domingo can be charge is Robbery with
during the robbery (People v. Barot, 89
Homicide (Art. 249[1], RPC) because the
SCRA 16 [1979]).
killing resulted by reason or on occasion
of the robbery. It is of no moment that
the person killed is one of the robbers. A
killing by reason or on occasion of the Robbery w/ Homicide (2007)
robbery, whether deliberate of
accidental, will be a component of the No. III. Jervis and Marlon asked their
crime of Robbery with Homicide, a single friend, Jonathan, to help them rob a bank.
indivisible offense, as long as it is Jervis and Marlon went inside the bank,
immediately connected to the robbery. but were unable to get any money from the
vault because the same was protected by a
(c) Suppose in the course of the robbery, time-delay mechanism. They contented
before the policemen arrived, Braulio shot themselves with the customer’s cellphones
and killed Alfredo following a heated and a total of P5,000 in cash. After they
disagreement on who should carry the dashed out of the bank and rushed into the
money bags, what would be the criminal car, Jonathan pulled the car out of the
liability of Braulio, Ciriaco and Domingo? curb, hitting a pedestrian which resulted in
Explain. (2%) the latter’s death.
Page 68 of 168
What crime or crimes did Jervis, Marlon the robbery. Even though the death was
and Jonathan commit? Explain your accidental, it is enough that such death
answer. (10%) was caused by any of the robber‟
felonious act and on the occasion of the
SUGGESTED ANSWER: commission of the robbery People vs.
Guiapar, 129 SCRA 539 [1984]).
Jervis and Marlon committed the crime
of robbery, while Jonathan committed
the special complex crime of robbery
with homicide. Robbery w/ Homicide; Complex Crime
(2009)
Jervis and Marlon are criminally liable
for the robbery only, because that was No. VIII. a. While Alfredo, Braulio, Ciriaco,
the crime conspired upon and actually and Domingo were robbing a bank,
committed by them, assuming that the policemen arrived. A firefight ensued
customers was affected with between the bank robbers and the
intimidation. They will not incur liability responding policemen, and one of the
for the death of the pedestrian because policemen was killed.
they have nothing to do with it. Only
Jonathan will incur liability for the What crime or crimes, if any, had been
death of the pedestrian, aside from the committed? Explain. (3%)
robbery, because he alone brought about

SUGGESTED ANSWER:
such death. Although the death caused
was not intentional but accidental, it
The crime committed are Robbery with
shall be a component of the special
Homicide (Art. 294[1], RPC), a single
complex crime of robbery with homicide
indivisible offense, and Direct Assault
because it was committed in the course
with Multiple Attempted Homicide, a
of the commission of the robbery.
complex crime (Art. 48, Art. 148 and Art.
249, RPC; People v. Gayrama, 60 Phil.
ALTERNATIVE ANSWER:
796 [1934]).
Jervis, Marlon and Jonathan committed

Robbery with Homicide was committed
robbery with homicide, because there
because one of the responding policeman
was conspiracy among them to commit
was killed by reason or on occasion of
the robbery and the death of the
the robbery being committed. The
pedestrian was caused on the occasion of
Page 69 of 168
complex crime of Direct Assault with only be attempted or consummated

Multiple Attempted Homicide was (Valenzuela v. People, G.R. No. 160188,
committed in respect of the offender‟s June 21, 2007, En Banc).
firing guns at the responding policemen
who are agents f person in authority ALTERNATIVE ANSWER:
performing their duty when fired at to

Parsing through the statutory definition
frustrate such performance (People v.
of theft under Article 308, it is clear that
Ladjaalam, G.R. No. 136149-51, Sept. 19,
theft is already “produced” upon the
2000).
“taking of personal property of another
without the latter‟s consent.”
Theft (2012) Each felony under the RPC has a

“subjective phase,” or that portion of the
No. III. a. Is the crime of theft susceptible of act constituting the crime included
commission in the frustrated stage? between the act which begins the
Explain your answer in relation to what commission of the crime and the last act
produces the crime of theft in its performed by the offender which, with
consummated stage and by way of prior acts, should result in the
illustration of the subjective and objective consummated crime. After that point
phases of the felony. (5%) has been breached, the subjective phase
ends and the objective phase begin. It
SUGGESTED ANSWER: has been held that if the offender never
passes the subjective phase of the
No, unlawful taking is deemed complete
offense, the crime is merely attempted.
form the moment the offender gains
On the other hand, the subjective phase
possession of the thing, even if he has
is completely passed incase of frustrated
no opportunity to dispose of the same.
crimes, for in such instances,
Unlawful taking, which is the deprivation
“subjectively the crime is complete.”
of one‟s personal property, is the
element which produces the felony in its Unlawful taking, which is the deprivation
consummated stage. At the same time, of one‟s personal property, is the
without unlawful taking as an act of element which produces the felony in its
execution, the offense could only be consummated stage. At the same time,
attempted theft, if at all. Thus, theft without unlawful taking as an act of
cannot have a frustrated stage. Theft can
Page 70 of 168
execution, the offense could only e that it was not his, he went to a nearest
attempted theft, if at all. police station to seek help in finding the
owner of the bag. At the precint PO1 Melvin
attended to him. In the investigation Eman
proposed to PO1 Melvin, "in case you don't
Theft (2010)
find the owner let's just pawn straight to
the pawnshop and pawned the ring for
No. XVIII. a. On her way home, Eva Marie
P50,000.00 Eman never saw PO1 Melvin
saw an injured chow chow puppy behind a
again.
bush. Since the puppy did not have a
collar, she brought it home so she could
What is the criminal liability of Eman, If
have it as a pet. Her son in fact begged Eva
any? Explain. (3%)
Marie to keep the puppy. The following day,
Eva Marie bought a collar for the puppy SUGGESTED ANSWER:
and brought it to a veterinarian for
treatment. Eman is guilty of theft (Art. 308, RPC)
for failure tp return the lost property to
Did Eva Marie incur criminal liability in
the rightful owner. His intent to gain
bringing the puppy home as a pet? Explain.
became apparent when he proposed to
(2%)
pawn the ring and to share the proceeds
SUGGESTED ANSWER: with PO1 Melvin.
Yes, Eva Marie incurred criminal liability ALTERNATIVE ANSWER:
for the crime of simple theft. The puppy

Eman has no criminal liability. The fact
is personal property which is susceptible
alone that he suggested to PO1 Melvin
of taking and has pecuniary value.
such an improper proposal does not
Obviously, she took it with intent to own
make Eman criminally laible. It is noted
it; hence, with intent to gain.
that there was no overt act on the part
of Eman. Hence, a criminal thought or
mere intention, no matter how immoral
Theft (2008) or imporper it may be, will never
constitute a felony. (Luis B. Reyes, The
No. V. a. Eman, a vagrant, found a bag Revised Penal Code, Volume 1, page 32,
containing identification cards and a 16th Edition [2006]).
diamond ring along Roxas Blvd. Knowing
Page 71 of 168
Theft; Qualified Theft (2010) CRIMES AGAINST CHASTITY

No. XIV. Paul lives with his long-time
Concubinage (2010)
girlfriend Joan in a condominium in
Makati. For more than a year, he has been No. XV. Suspecting that her husband of
secretly saving money in an envelope under twenty years was having an affair, Leilanie
their bed to buy her an engagement ring. hired a private investigator to spy on him.
One day, while Joan was cleaning their After two weeks, the private investigator
room, she found the envelope, took the showed Leilanie a video of her husband
money, and left Paul. As prosecutor, what having sexual intercourse with another
crime, if any, would you charge Joan? woman in a room of a five-star hotel. Based
Explain. (3%) on what she saw on the video, Leilanie
accused her husband of concubinage.
SUGGESTED ANSWER:
Will the case of concubinage prosper?

Joan may be charged for qualified theft
Explain. (3%)
because she took away personal property
belonging to Paul without the latter‟s SUGGESTED ANSWER:
consent, so obviously with intent to
gain, and with grave abuse of confidence. No, a case for concubinage will not
prosper because said crime may be
But Joan may invoke as a defense Art. committed only by a husband in three
332 of the Revised Penal Code, under (3) ways, viz:
which no criminal liability but only civil
liability shall result for the crime of 1) By keeping a mistress in the
theft, swindling or malicious mischief conjugal dwelling; or
committed by “spouses”, among other. 2) By having sexual intercourse with

a woman not his wife under
The reference to “theft” under the scandalous circumstances; or
Article embraces both simple theft and 3) By cohabiting with a woman not
qualified theft, and the reference to his wife in any other place (Art.
“spouses” include common-law or “live- 334, RPC).
in” relationship (People v. Constantino,
60 O.G. 3603 [1963]). The facts of the case given do not
constitute any of the situations above-
stated.
Page 72 of 168
Qualified Seduction; Classes of Offenders 1. Those who abuse their authority.

(2007) Examples: person in public
authority, guardian, teacher or a
No. V. What are the three (3) classes of person who, in any capacity, is
offender in the crime of qualified seduction? entrusted with the education or
Give an example of each. custody of the woman seduced.
2. Those who abuse the confidence
SUGGESTED ANSWER:
reposed on them. Examples:
priest, house servant, domestics.
The three (3) classes of offenders in the
crime of qualified seduction are:
Those who abuse their relationship.
Examples: a brother who seduced his
1. Those who exercise moral
sister; ascendant who seduced his
influence over the victim, such as
descendant. Art. 337, Revised Penal
a priest who acts as spiritual
Code).
adviser of the victim, or a teacher
in the school where the victim is
enrolled;
CRIMES AGAINST THE CIVIL
2. A brother or ascendant by STATUS OF PERSONS
consanguinity of the victim, such
as her uncle; and Bigamy; Elements (2012)
3. Those who are regarded as
“domestic” in relation to the No. I. a. What are the elements of the crime
victim, enjoying the confidence of bigamy? (5%)
and intimacy shared by members

SUGGESTED ANSWER:
of the same household, such as
household helpers and boarders
The elements of bigamy are: (1) the
living under the same roof and
offender has been legally married; (2) the
with same household as the
first marriage has not been legally
victim.
dissolved, or in case his or her spouse is
absent, the absent spouse has not been
ALTERNATIVE ANSWER:
judicially declared presumptively dead;
The three (3) classes of offenders in the (3) he contracts a subsequent marriage;
crime of qualified seduction are: and (4) the subsequent marriage would
have been valid had it not been for the
Page 73 of 168
existence of the first (Marbell-Bobis v. as the previous marriage was not

Bobis, G.R. No. 138509, July 31, 2000). lawfully dissolved or judicially declared
as null and void, contracting a new
ALTERNATIVE ANSWER: marriage constitute bigamy (People v.
Manuel, supra).
There are three (3) elements of bigamy:
(1) an undissolved marriage; (2) a new ALTERNATIVE ANSWER:
marriage; and (3) fraudulent intention
constituting the felony. This last I will render a judgment of acquittal.
element is not stated in Article 349 of According to Justice Florenz Regalado,
the Revised Penal Code, because it is in bigamy, it is essential that the first
undoubtedly incorporated in the marriage is valid and subsisting (People
principle antedating all codes, and, v. Dumpo, 62 Phil. 246). If the first
constituting one of the landmarks of our marriage was null and void, there would
Penal Code, that, where there is no be no bigamy (People v. Mendoza, 9 Phil.
willfulness there is no crime (People v. 845). Under the principle of retroactivity
Manuel, G.R. No. 165842, November 29, of a marriage being declared void ab
2005). initio, the accused is deemed never to
have been married. Since bigamy
requires that the accused must have
been legally married, he cannot be
Bigamy; First Marriage Null and Void
convicted of the crime of bigamy (Morigo
(2012)
v. People, G.R. No. 145226, February 06,
2004).
No. I. b. If you were the judge in a bigamy
case where the defense was able to prove
that the first marriage was null and void or
a nullity, would you render a judgment of Bigamy; Psychological Incapacity (2012)
conviction or acquittal? Explain your
answer. (2%) No. I. c. Assuming the existence of the first
marriage when accused contracted the
SUGGESTED ANSWER: second marriage and the subsequent
judicial declaration of nullity of the second
I will render a judgment of conviction.
marriage on the ground of psychological
Proof that the first marriage is null and
incapacity, would you render a judgment of
void is not a defense in bigamy. As long
Page 74 of 168
conviction or acquittal? Explain your Appeals, G.R. No. 150758, February 18,
answer. (3%) 2004).
SUGGESTED ANSWER:
I will render a judgment of conviction. A Bigamy; Perjury; Adultery (2008)

declaration of the nullity of the second
marriage on the ground of psychological No. XII. Raissa and Martin are married to
incapacity is of absolutely no moment each other but had been separated for the
insofar as the State‟s penal laws are last five years. Raissa decided to wed Juan,
concerned. Since a marriage contracted her suitor. Who had no inkling that she was
during the subsistence of a valid married. Raissa and Juan accomplished an
marriage is automatically void, the application for marriage license which they
nullity of his second marriage is not per subscribed and swore to before the Local
e an argument for the avoidance of Civil Registrar. Raissa declared, in the
criminal liability for bigamy. Although application, that she is single. The marriage
the judicial declaration of the nullity of a licensed was issued. In due time, the couple
marriage on the ground of psychological were married by the mayor. Raissa and
incapacity insofar as the vinculum Juan had their first sexual intercourse later
between the spouses is concerned, it is in the evening.
significant to note that the said

What crime or crimes, if any, did Raissa
marriage is not without legal effects.
commit? Explain briefly. (7%)
Among these legal consequences is
incurring criminal liability for bigamy.
SUGGESTED ANSWER:
To hold otherwise would render the
State‟s penal laws on bigamy completely Raissa committed bigamy for
nugatory, and allow individuals to contracting a second marriage while her
deliberately ensure that each marital first marriage is still subsisting (Art. 349,
contract be flawed in some manner, and RPC). She is also guilty of perjury for
to thus escape the consequences of making untruthful statements under
contracting multiple marriage, while oath or executing an affidavit upon a
beguiling throngs of hapless women with material matter, when she declared she
the promise of futurity and commitment was not married in the application for
(Tenebero v. The Honorable Court of marriage license a public document (Art.
171, RPC). Lastly, she is also guilty of
Page 75 of 168
adultery (Art. 333, RPC) for having criminal liblity (Fermin v. People, GR No.
sexual intercourse with Juan, although 157643, March 28, 2008).
she is a married woman.
Any attack upon the private character of
CRIMES AGAINST HONOR the public figure on matters which are

not related to their works may
Libel; Defamatory Utterances against constitute liber under Article 355 (Sazon
Public Figure (2013) v. Hon. Court of Appeals, GR No.

120715, March 29, 1996). Here, Gigi was
No. IV. In her weekly gossip column in a attacking the personal life of Pablo as a
tabloid, Gigi wrote an unflattering article husband and not his public life as a
about Pablo, a famous singer, and his bitter famous singer.
separation from his wife. The article
portrayed Pablo as an abusive husband and ALTERNATIVE ANSWER:
caused him to lose lucrative endorsement

Gigi is correct. Pablo, a famous singer,
contracts. Pablo charged Gigi with libel. In
attained the status of a public figure o
her defense, Gigi countered that she did not
that even his personal life that has
commit libel because Pablo has attained the
something to do with hi character and
status of a public figure so that even his
integrity became legitimate public
personal life has become a legitimate
interest. Here, Pablo was portrayed as an
subject of public interest and comment.
abusive husband and caused him to lose
Is Gigi correct? (7%) a lucrative endorsement contracts. The

article impinge on the moral fiber and
SUGGESTED ANSWER: qualification of Pablo as a famous singer
entitled to respect as a public figure.
No, Gigi is nor correct. Although wider Subject only to the requisite that the
latitude is given to defamatory author has knowledge of it falsity or with
utterances against public figures in reckless disregard of the truth , the
relation to matters of public interest article, thus, constituted a qualified
involving them, such defamatory privileged communicated protected by
utterances fo not automatically fall the freedom of expression. Gigi cannot
within the ambit of constitutionally be convicted absent proof of actual
protected speech. If the utterances are malice.
false, malicious or unrelated to a public
figure‟s work, the same may give rise to
Page 76 of 168
Libel; Proof of Truth (2009) imputations made by Bettina is libelous.

Whether the imputation of a defect,
No. I d. In the crime of libel, truth is an status or condition is real or imaginary,
absolute defense. if it publicly tend to discredit, dishonor
or place in contempt or ridicule a
SUGGESTED ANSWER:
particular person who is identified, the
imputation I presumed by law to be
False, Art. 361 of the RPC provides that
malicious and thus penalized as libel
proof of truth shall be admissible in libel
under Art. 355 of the Revised Penal
cases only if the same imputes a crime
Code.
or is made against a public officer with
repect to fact related to the discharge of
Moreover, if Bettina is engaged in similar
their official duties, and moreover must
line of trade, her statement against the
have been published with good motives
goods sold by Angelina may constitute a
and for justifiable ends. Hence, “truth”
violation of the law on Unfair
as a defense, on its own, is not enough.
Competition (Rep. Act No. 8291).
QUASI-OFFENSES
Libel; Unfair Competition (2010)
Criminal Negligence; Reckless
No. XI. Angelina maintains a website where Imprudence Resulting in Homicide
visitors can give their comments on the (2008)
posted pictures of the goods she sells in her
exclusive boutique. Bettina posted a No. III. Olimpio caught a cold and was
comment that the red Birkin bag shown in running a fever. His doctor prescribed
Angelina’s website is fake and that Angelina paracetamol. Olimpio went to a drug store
is known to sell counterfeit items. with the prescription, and the pharmacist
sold him three(3) tablets. Upon arriving
Angelina wants to file a case against home, he took a tablet. One hour later, he
Bettina. She seeks your advice. What advice had a seizure and died. The autopsy
will you give her? (4%) showed that the tablet he had taken was
not paracetamol but a pill to which he was
SUGGESTED ANSWER:
allergic. The pharmacist was charged with
I will advise Anglina to file a criminal murder. Is the charge proper? If not, what
case of libel against Bettina because the should it be? Explain. ( 6% )
Page 77 of 168
SUGGESTED ANSWER: seized dangerous drugs, controlled

chemicals, plant sources of dangerous
The charge was improper. The drugs, and laboratory equipment of
pharmacist should be charged with dangerous drugs from the time
criminal negligence, or reckless confiscation/seizure thereof from the
imprudence resulting in homicide, offender, to its turn-over and receipt in
because there was not intent to kill the forensic laboratory for examination
Olimpio. The accused inexcusably lacked to its safekeeping and eventual
precaution in failing to dispense the presentation/offer in court as evidence
proper medicine to the victim which of the criminal violation, and for
caused his death (Art. 365, RPC). destruction (Dangerous Drugs Board
Regulation No. 1 Series of 2002).
MISCELLANEOUS
Its rationale is to preserve the
Chain of Custody (2009) authenticity of the corpus delicti or
body of the crime by rendering it
No. XIV. Following his arrest after a valid improbable that the original item
buy-bust operation, Tommy was convicted seized/confiscated in violation has been
of violation of Section 5, Republic Act 9165. exchanged or substituted with another
On appeal, Tommy questioned the or tampered with or contaminated. It is
admissibility of the evidence because the a method of authenticating the evidence
police officers who conducted the buy-bust as would support a finding beyond
operation failed to observe the requisite reasonable doubt that the matter is what
"chain of custody" of the evidence the prosecution claims to be.
confiscated and/or seized from him.
Failure to observe the „chain of custody”
What is the "chain of custody" requirement requirement renders the evidence
in drug offenses? What is its rationale? questionable, not trustworthy and
What is the effect of failure to observe the insufficient to prove the corpus delicti
requirement? (3%) beyond reasonable doubt. Hence, Tommy
would be acquitted on reasonable doubt.
SUGGESTED ANSWER:
“Chain of Custody” requirement in drug

offense refers to the duly recorded,
authorized movement and custody of
Page 78 of 168
Doctrine of Pro Reo (2012) Following the pro reo doctrine, under
Art. 48 of the Revised penal Code,
No. VI. a. What is the fundamental principle crimes are complexed and punished with
in applying and interpreting criminal laws, a single penalty (i.e., that prescribed for
including the Indeterminate Sentence Law? the most serious crime and to be
(5%) imposed in its maximum period). The
rationale being, that the accused who
SUGGESTED ANSWER:
commits two crimes with single criminal
impulse demonstrates lesser perversity
The fundamental principle in
that when the crimes are committed by
interpreting and applying penal laws is
different acts and several criminal
the principle of pro reo. The phrase “in
resolutions. (People vs Comadre, 431
dubio pro reo” means “when in doubt,
SCRA 366, 384 [2004]). However, Art. 48
for the accused.” (Intestate estate of
shall be applied only when it would bring
Gonzales v. People, G.R. No. 173473,
about the imposition of a penalty lesser
December 17, 2008).
than the penalties if prosecuted
separately instead of being complexed.
Doctrine of Pro Reo (2010)
No. XII. b. What is the doctrine of pro reo? Human Rights Violations (2008)
How does it relate to Article 48 of the

No. I. b. Are human rights violations
Revised Penal Code? (3%)
considered as crimes in the Philippines?
SUGGESTED ANSWER: Explain. ( 3% )
The doctrine of pro reo advocates that SUGGESTED ANSWER:

penal laws and laws penal in nature are
to be construed and applied in a way Yes, strictly speaking human rights
lenient or liberal to the offender, violations cannot be considered crimes
constant to and consistent with the in the Philippines. However, if the acts
constitutional guarantee that an accused constitute violation of customary
shall be presumed innocent until his international law, they may be
guilt is established beyond reasonable considered violations of Philippine law
doubt. (See Sec. 8, Art. II, Constitution). Also,
the acts may constitute elements of
Page 79 of 168
offenses penalized under Philippine laws, emotional and psycho-social well-being.

like kidnapping/illegal detention – This is available to a child 15 years old
serious or slight violation of R.A. 7610, or less at the time of the commission or
or R.A. 7877 – the Anti-sexual although over 15 but below 18 years old
Harassment Act. at the time of commission of the crime,
the child acted without discernment.
“Diversion” refers to an alternative,

Intervention vs. Diversion (2009) child-appropriate process of determining
the responsibility and treatment of a
No. XV. a. Joe was 17 years old when he
child in conflict with the law on the
committed homicide in 2005. The crime is
basis of his/her social, cultural,
punishable by reclusion temporal. After two
economic, psychological or educational
years in hiding, he was arrested and
background without resorting to formal
appropriately charged in May 2007. Since
court proceedings. This process governs
Republic Act 9344 (Juvenile Justice and
when the child is over 15 years old but
Welfare Act of 2006) was already in effect,
below 18 at the time of the commission
Joe moved to avail of the process of
of the crime and has acted with
intervention or diversion.
discernment.
What is intervention or diversion? Is Joe

Yes, Joe is entitled to diversion. Being
entitled to intervention or diversion?
only 12 years old at the time he
Explain. (3%)
committed the crime of homicide, he is
treated as a child in conflict with the law
SUGGESTED ANSWER:
under RA 9344.
The two terms are different.
“Intervention” refers to a series of

No Criminal Liability (2008)
activities which are designed to address
issues that caused the child to commit
No. II. a. While Carlos was approaching his
an offense. It may take the form of an
car, he saw it being driven away by Paolo, a
individualized treatment program which
thief. Carlos tried to stop Paolo by shouting
may include counseling, skills training,
at him, but Paolo ignored him. To prevent
education, and other activities that will
his car from being carnapped, Carlos drew
enhance his/her psychological,
his gun, aimed at the rear wheel of the car
Page 80 of 168
and fired. The shot blew the tire which Three-Fold Rule (2013)
caused the car to veer out of control and
collide with an oncoming tricycle, killing the No. IX. Roman and Wendy are neighbors.
tricycle driver. On Valentine's Day, without prior notice,

Roman visited Wendy at her condo to invite
What is the criminal liability of Carlos, if her to dinner, but Wendy turned him down
any? Explain. (4%) and abruptly left, leaving her condo door
unlocked. Roman attempted to follow, but
SUGGESTED ANSWER: appeared to have second thoughts; he
simply went back to Wendy's condo, let
Carlos has no criminal liability, he only
himself in, and waited for her return. On
acted in the lawful exercise of his right.
Wendy's arrival later that evening, Roman
It is his right to protect his property,
grabbed her from behind and, with a knife
and what he did was to aim and hit the
in hand, forced her to undress. Wendy had
wheel of the car and not any particular
no choice but to comply. Roman then tied
person.
Wendy's hands to her bed and sexually
assaulted her five (5) times that night.
ALTERNATIVE ANSWER:
Roman was charged with, and was

Carlos is liable for the natural and logical
convicted of, five (5) counts of rape, but the
consequence of his acts, although the
judge did not impose the penalty of
injury that results is different from that
reclusion perpetua for each count. Instead,
which he intended (Praeter
the judge sentenced Roman to 40 years of
Intentionem). He incurs criminal liability
imprisonment on the basis of the three-fold
for reckless imprudence resulting in
rule.
homicide under Art. 365 of the Revised
Penal Code for the death of the tricycle
Was the judge correct? (7%)
driver. He took the law into his own
hands, open fired at the wheel of his SUGGESTED ANSWER:
vehicle to stop it from being stolen, but
instead caused the death of the tricycle No. the three-fold rule is applicable only
driver, because of the inexcusable lack of in connection with the service of the
precaution. sentence not in the imposition of the
proper penalties. The court must impose
all penalties for all the crimes for which
the accused have been found guilty.
Page 81 of 168
Thus, the court should not make a Anti-Carnapping Act (2012)

computation in it decision and sentence
the accused to not more than the three- No. IV. a. A postal van containing mail
fold of the most severe of the penalties matters, including checks and treasury
imposable. The computation under the warrants, was hijacked along a national
three-fold rule is for the prison highway by ten (1 0) men, two (2) of whom
authorities to make. were armed. They used force, violence and

intimidation against three (3) postal
SPECIAL PENAL LAWS employees who were occupants of the van,

resulting in the unlawful taking and
Anti-Carnapping Act (2008) transportation of the entire van and its

contents.
No. II. b. While Carlos was approaching his
car, he saw it being driven away by Paolo, a If you were the public prosecutor, would
thief. Carlos tried to stop Paolo by shouting you charge the ten (10) men who hijacked
at him, but Paolo ignored him. To prevent the postal van with violation of Presidential
his car from being carnapped, Carlos drew Decree No. 532, otherwise known as the
his gun, aimed at the rear wheel of the car Anti-Piracy and Anti -Highway Robbery Law
and fired. The shot blew the tire which of 1974? Explain your answer. (5%)
caused the car to veer out of control and

SUGGESTED ANSWER:
collide with an oncoming tricycle, killing the
tricycle driver.
No, I would not charge the 10 men with
the crime of highway robbery. The mere
What is the criminal liability of Paolo, if
fact that the offense was committed on a
any? Explain. (4%)
highway would not be the determinant
SUGGESTED ANSWER: for the application of PD No. 532. If a

motor vehicle, either stationary or
Paolo who acted with intent to gain, moving on a highway, is forcibly taken at
unlawfully took the personal property of gun point by the accused who happened
another with force upon things, is liable to take a fancy thereto, the location of
for carnapping under R.A. 6539, as the vehicle at the time of the unlawful
amended by R.A. 7659, not qualified taking would not be necessarily put the
theft (Peo vs. Bustinna). offense within the ambit of PD No. 532.
In this case, the crime committed is
violation of the Anti-Carnapping Act. of
Page 82 of 168
1972 (People v. Puno, G.R. No. 97471, Anti-Graft & Corrupt Practices – RA 3019
February 17, 1993). Moreover, there is (2010)
no showing that the 10 men were a band
of outlaws organized for the purpose of No. IX. Proserfina, an assistant public high
depredation upon the persons and school principal, acted to facilitate the
properties of innocent and defenseless release of salary differentials and election
inhabitants who travel from one place to duty per diem of classroom teachers with
another. What was shown I one isolated the agreement that they would reimburse
hijacking of a postal van. It was not her for her expenses.
stated in the facts given that the 10 men

Did Proserfina commit a crime? Explain.
previously attempted at similar
(5%)
robberies by them to establish the
“indiscriminate” commission thereof SUGGESTED ANSWER:
(Filoteo, Jr. v. Sandiganbayan, G.R. No.
Yes, Proserfina committed violation of
79543, October 16, 1996).
Sec. 3(b) of Rep. Act No. 3019 which
considers as a corrupt practice, the act
ALTERNATIVE ANSWER:
of:
As a public prosecutor, I would charge
“(b) Directly or indirectly requesting or
the 10 men who hijacked the postal van
receiving any gift, present, share
with violation of PD 532. As oppose to
percentage, or benefit, for himself or for
brigandage under Article 306 of the RPC,
any other person, in connection with
highway robbery under PD 532 does not
any contact or transaction between the
require that there be at least four armed
Government and any other party,
persons forming a band of robbers. In
wherein the public officer in his official
this case, while there are ten (10) men
capacity ha to intervene under the law.”
who hijacked the postal van, only two (2)
were armed. Hence, they may be charged Being the assistant public high school
with highway robbery under PD 532. principal, it is her duty to intervene in
the release of salary differentials and per
diem of classroom teachers under her.
Her act of doing so, made with a request
for a share or benefit therefor
constitutes graft or corrupt practices
under Sec. 3(b) of Rep. Act No. 3019.
Page 83 of 168
Considering that the acts prohibited or therefor, the plaintiff gave Charina
punished under this law are mala P20,000.00.
prohibita, and thus punishable
thereunder, whether done with criminal Charina was charged with violation of
intent or not. Section 3 (b) of Republic Act No. 3019,

prohibiting any public officer from directly
ALTERNATIVE ANSWER: or indirectly requesting or receiving any gift,
present, percentage, or benefit in
In the case of Jaravata vs
connection with any contract or transaction
Sandiganbayan (G.R. No. 56170, January
x x x wherein the public officer, in his
31, 1984), which has identical set of
official capacity, has to intervene under the
facts as the present case, the Supreme
law.
Court ruled that there is no law which
invests an assistant principal with the While the case was being tried, the
power to intervene in the payment of the Ombudsman filed another information
salary differentials of classroom teachers against Charina for Indirect Bribery under
or anyone for that matter.” Accordingly, the Revised Penal Code. Charina demurred
since in his official capacity as in the to the second information, claiming that
payment of the salary differentials, the she can no longer be charged under the
assistant principal cannot be said to Revised Penal Code having been charged for
have violated Sec. 3(b) of Rep. Act No the same act under R.A. 3019.
3019 although he exerted efforts to
facilitate the payment of the salary Is Charina correct? Explain. (3%)
differentials.
SUGGESTED ANSWER:
No, Charina is not correct. Although the

Anti-Graft & Corrupt Practices – RA charged for violation of Rep. Act. No.
3019; Indirect Bribery (2009) 3019 and the charge for Indirect Bribery
(Art. 211, RPC) arose from the same act,
No. VII. Charina, Clerk of Court of an RTC the elements of the violation charged
Branch, promised the plaintiff in a case under Rep. Act. No. 3019 are not the
pending before the court that she would same as the felony charged for Indirect
convince the Presiding Judge to decide the Bribery under the Rev. penal Code (Mejia
case in plaintiff’s favor. In consideration v. Pamaran, 160 SCRA 457 [1988]).
Hence, the crime charged are separate
Page 84 of 168
and distinct from each other, with shall knowingly visit the same.” These
different penalties. The two charges do requisites are absent in the facts given.
not constitute a ground for a motion to
dismiss or motion to quash, as there is
no jeopardy against the accused.
Harboring or Assisting in the Escape of a
Person who has Committed a Crime – PD
1829 (2008)
Dangerous Drugs Act (2007)
No. IV. b. Manolo revealed to his friend
No. II. Tiburcio asked Anastacio to join their Domeng his desire to kill Cece. He likewise
group for a "session". Thinking that it was confided to Domeng his desire to borrow his
for a mahjong session, Anastacio agreed. revolver. Domeng lent it. Manolo shot Cece
Upon reaching Tiburcio’s house, Anastacio in Manila with Domeng's revolver. As his
discovered that it was actually gun was used in the killing,Domeng asked
a shabu session. At that precise time, the Mayor Tan to help him escape. The mayor
place was raided by the police, and gave Domeng P5,000.00 and told him to
Anastacio was among those arrested. proceed to Mindanao to hide. Domeng went
to Mindanao. The mayor was later charged
What crime can Anastacio be charged with, as an accessory to Cece's murder.
if any? Explain your answer. (10%)
Can he be held liable for any other offense?
SUGGESTED ANSWER: Explain fully. (3%)
Anastacio may not be charged of any SUGGESTED ANSWER:

crime.
Yes, for violation of (1) P.D. 1829 for
Sec. 7 of Rep. Act 9155 on the harboring or assisting in the escape of a
Comprehensive Dangerous Drugs of 2002 person who has committed a crime or
punishes employees and visitors of a whom he knows has committed a crime,
den, dive or resort where dangerous and (2) under Art. 19(3), RPC, the Mayor,
drugs are used in any form. But for a being a public officer and acting woth
visitor of such place to commit the abuse of his public function, is an
crime, it is a requisite that he “is aware accessory to the crime of murder by
of the nature of the place as such and assisting in the escape of Domeng.
Page 85 of 168
Illegal Possession of Drugs; Mala R.A. 9160; Anti-Money laundering Act

Prohibita (2009) (2009)
No. XII. b. Will your answer be the same if No. XI. e. For a person who transacts an
it is a conviction for illegal possession of instrument representing the proceeds of a
drugs under R.A. 9165 (Dangerous Drugs covered unlawful activity to be liable under
Act of 2002), the prescribed penalty of the Anti-Money Laundering Act (R.A. 9160,
which is also imprisonment for a term of as amended), it must be shown that he has
twelve (12) years and one (1) day to twenty knowledge of the identities of the culprits
(20) years? Why or why not? (3%) involved in the commission of the predicate
crimes.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
No, my answer will not be the same
because violations of Rep. Act 9165 are False, there is nothing in the law which
mala prohibita in which mitigating and requires that the accused must know the
aggravating circumstances are not identities of the culprits involved in the
appreciated. Although in People v. commission of the predicate crimes. To
Simon (234 SCRA 555[1994]), it was held establish liability under R.A. 9160, it is
that Art. 64 can be applied if the special sufficient that proceeds of an unlawful
law adopted the nomenclature of activity are transacted, making them
penalties provided under the RPC, such appear to have originated from
pronouncement cannot be applied in the legitimate sources.
instant case because the for illegal
possession of drugs under R.A. 9165 do
not follow the technical nomenclature of
R.A. 9160; Anti-Money Laundering Act;
penalties in the RPC and thus, cannot be
Freeze Order (2010)
divided into periods. Hence, the
existence of mitigating and aggravating
No. VI. There being probable cause to
circumstances cannot be appreciated.
believe that certain deposits and
investments in a bank are related to an
unlawful activity of smuggling by
Alessandro as defined under Republic Act
(RA) No. 9160, as amended (Anti-Money
Laundering Act) an application for an order
Page 86 of 168
to allow inquiry into his deposit was filed transaction is to hide the beneficial
with the Regional Trial Court. owner of said funds and allows criminal
organizations or criminals to enjoy the
After hearing the application, the court
proceeds of uch criminal activities.”
granted the application and issued a freeze
order. The three (3) stages in money laundering
are:
Pass upon the correctness of the court’s
order. Explain. (3%) a) Placement/infusion or the
physical disposal of the criminal
SUGGESTED ANSWER:
proceeds;
b) Layering or the separation of the
The freeze order issued by the Regional
criminal proceeds from their
Trial Court is not correct, because
source by creating layers of
jurisdiction to issue said freeze order is
financial transactions to disguise
now vested with the Court of Appeals
such proceeds as legitimate and
under Rep. Act 9194, amending the Anti-
avoid the audit trail; and
Money Laundering Act (Rep. Act No.
c) Integration or the provision of
9160). The Regional Trial Court is
apparent legitimacy to the
without jurisdiction to issue a freeze
criminal proceeds.
order of the money involved.
R.A. 9262; Violence Against Women and
R.A. 9160; Anti-Money Laundering Act; Children Act; Battered Woman Syndrome
Stages (2010) (2010)
No. XII. a. Define Money Laundering. What No. XIX. a. Jack and Jill have been married
are the three (3) stages in money for seven years. One night, Jack came
laundering? (3%) home drunk. Finding no food on the table,

Jack started hitting Jill only to apologize
SUGGESTED ANSWER: the following day.
Money Laundring is “the process of A week later, the same episode occurred –
which a person conceals the existence of Jack came home drunk and started hitting
unlawfully obtained money and makes it Jill.
appear to have originated from lawful
sources. The intention behind such a
Page 87 of 168
Fearing for her life, Jill left and stayed with A week later, the same episode occurred –
her sister. To woo Jill back, Jack sent her Jack came home drunk and started hitting
floral arrangements of spotted lilies and Jill.
Fearing for her life, Jill left and stayed with
her sister. To woo Jill back, Jack sent her
another chance. After several days,
floral arrangements of spotted lilies and
however, Jack again came home drunk.
Jill was charged with parricide but raised another chance. After several days,
the defense of "battered woman syndrome." however, Jack again came home drunk.
Define "Battered Woman Syndrome." (2%)
Jill was charged with parricide but raised

SUGGESTED ANSWER:
the defense of "battered woman syndrome."
“Battered Woman Syndrome” refers to a

What are the three phases of the "Battered
scientifically defined pattern of
Woman Syndrome"? (3 %)
psychological and behavioral symptoms
found in women living in battering SUGGESTED ANSWER:
relationships as a result of cumulative
abuse (Section 3(d), Rep. Act No 9262). The three (3) phases of the “Battered
Woman Syndrome” are: (1) the tension-
building phase; (2) the acute battering
incident; and (3) the tranquil, loving, or
R.A. 9262; Violence Against Women and
non-violent phase (People v. Genosa,
Children Act; Battered Woman
G.R. No. 135981, January 15, 2004).
Syndrome; Phases (2010)
No. XIX. b. Jack and Jill have been married

for seven years. One night, Jack came Syndicated Estafa (2010)
home drunk. Finding no food on the table,
Jack started hitting Jill only to apologize No. XVI. The president, treasurer, and
the following day. secretary of ABC Corporation were charged
with syndicated estafa under the following
Information:
Page 88 of 168
That on or about the 1st week of January such manifestations and representations to
2010 or subsequent thereto in Cebu City transact in foreign exchange were false and
and within the jurisdiction of this fraudulent, that these resulted to the
Honorable Court, the above-named damage and prejudice of the complainants
accused, conspiring and confederating and other persons, and that the
together and all of them mutually helping defraudation pertains to funds solicited
and aiding one another in a syndicated from the public in general by such
manner, through a corporation registered corporations/associations.
with the Securities and Exchange
Will the case for syndicated estafa prosper?
Commission (SEC), with intention of
Explain. (5%)
carrying out the unlawful or illegal act,
transaction, enterprise or scheme, with SUGGESTED ANSWER:
intent to gain and by means of fraud and
deceit, did then and there willfully, No, a case for syndicated estafa will not
unlawfully, and feloniously defraud Virna, prosper because a syndicate for such
Lana, Deborah and several other persons crime under Pres. Decree 1689 must be
by falsely or fraudulently pretending or comprised of five (5) or more persons
representing in a transaction or series of committing the estafa or other forms of
transactions, which they made with swindling defined in Arts. 315 and 316
complainants and the public in general, to of the Revised Penal Code; whereas the
the effect that they were in a legitimate case given involved only three (3)
business of foreign exchange trading accused who are alleged to have
successively or simultaneously operating conspired in the commission of the
under the name and style of ABC swindling. But because the amount
Corporation and DEF Management defrauded exceeds P100,000.00, the case
Philippines, Incorporated, induced and is still under the same P.D. 1689 with a
succeeded in inducing complainants and lower penalty than syndicated estafa.
several other persons to give and deliver to
said accused the amount of at least
P20,000,000.00 on the strength of said
Torture (2012)
manifestations and representations, the
accused knowing fully well that the
No. X. b. AA was arrested for committing a
abovenamed corporations registered with
bailable offense and detained in solitary
the SEC are not licensed nor authorized to
confinement. He was able to post bail after
engage in foreign exchange trading and that
two (2) weeks of defection. During the
Page 89 of 168
period of detention, he was not given any MULTIPLE CHOICE

food. Such deprivation caused him
physically discomfort. What crime, if any,
QUESTIONS
was committed in connection with the
(MCQ) 2013 Criminal Law
solitary confinement and food deprivation of
AA? Explain your answer. (5%) Exam MCQ (October 20,
2013)
SUGGESTED ANSWER:
“Torture” refers to an act by which sever I. The acquittal of an accused shall bar the
pain or suffering, whether physical or civil action arising from the crime where the
mental, is intentionally inflicted on a judgment of acquittal holds that __________.
person for such purpose as obtaining (0.5%)
from him/her or a third person

(A) the acquittal is based on
information or a confession; punishing
reasonable doubt
him/her for an act he/she or a third
person has committed or is suspected of
(B) the liability of the accused is not
having committed; or intimidating or
criminal but civil in nature
coercing him/her or a third person; or
for any reason based on discrimination (C) the civil liability does not arise
of any kind, when such pain or suffering from or is not based on the criminal
is inflicted by or at the instigation of or act for which the accused has been
with the consent or acquiescence of a acquitted
person in authority or agent of a person
in authority (Section 3 of R.A. No. 9754). (D) the accused did not commit
Food deprivation and confinement in the act imputed to him
solitary cell are considered as physical
torture under Section 4 (2) R.A. No. SUGGESTED ANSWER:
9745. Hence, the crime committed is

(D). The accused did not commit the act
torture.
imputed to him.
ALTERNATIVE ANSWER:
Acquittal in a criminal action bars the
In addition to torture, the crime of civil action arising therefrom where the
maltreatment of prisoner is committed. judgment of acquittal holds that the

accused did not commit the criminal
Page 90 of 168
action bars the civil action arising (i.e. the father or the mother) is
therefrom where the judgment of principally liable pursuant to Article 101
acquittal holds that the accused did not of the Revised Penal Code.
commit the criminal acts imputed to
them (Tan v. Standard Vacuum Oil Co., [Note: the question pertains to a matter
91 Phil. 672). which is excluded in the coverage of the

2013 Bar Examination on Criminal Law].
II. Subsidiary liability may be imposed on
the following, except __________. (0.5%) III. Passion or obfuscation may be
appreciated __________. (0.5%)
(A) innkeepers, in relation to the
crime committed in their (A) if it arises from jealousy in an
establishment amorous relationship between a

married man and a single woman
(B) employers engaged in industry,
for the crime committed by their (B) if it arises from jealousy of a
employees man who has been living-in with

the woman for the past 20 years
(C) parents of minors who act with
discernment in committing (C) if it arises from jealousy with
crimes immoral, lustful and vindictive

sentiments of the offender against
(D) hospital administrators or the victim
owners, for crimes committed by
their hospital nurses (D) in none of the above situations
SUGGESTED ANSWER: SUGGESTED ANSWER:
(C). Parents of minors who act with (B). If it arises from jealousy of a man
discernment in committing crimes. who has been living-in with the woman
for the past 20 years.
Under section 6 of R.A. 9344, the
exemption from criminal liability of a In U.S. v. dela Cruz (G.R. No. L-7094,
child does not include the exemption March 29, 1912), the Supreme Court
form civil liability. If the child is appreciated the mitigating circumstance
exempted from criminal liability, the of passion and obfuscation wherein the
person who has legal authority or control accused, in the heat of passion, killed
Page 91 of 168
the deceased, who had been his querida privileged mitigating circumstances
(concubine or lover), upon discovering under Article 69 of the Revised Penal
her in flagrante in carnal communication Code.
with a mutual acquaintance.
V. Conspiracy to commit a felony is
IV. Who among the following accused is punishable only in cases where the law
entitled to a privileged mitigating specifically provides a penalty. Which of the
circumstance that would lower the following combinations contain specific
imposable penalty by one degree? (0.5%) felonies under the Revised Penal Code?
(0.5%)
(A) A minor above 15 years old and
below 18 years old who acted with (A) Conspiracy to commit treason,
discernment. conspiracy to commit rebellion,
conspiracy to commit coup d'etat,
(B) One who, in fulfillment of his conspiracy to commit misprision of
duty to carry out the warrant of treason.
arrest of a fugitive, shot the fugitive
to death without ascertaining his (B) Conspiracy to commit
identity. rebellion, conspiracy to commit
coup d'etat, conspiracy to commit
(C) One who defended himself treason, conspiracy to commit
against an unlawful aggression but sedition.
used unreasonable means and gave
provocation. (C) Conspiracy to commit rebellion
or insurrection, conspiracy to
(D) All of the above. commit sedition, conspiracy to
commit illegal assemblies,
SUGGESTED ANSWER:
conspiracy to commit treason.
(D) All of the above.

(D) Conspiracy to commit treason,
conspiracy to commit sedition,
Letter (A) is privileged mitigating
conspiracy to commit terrorism.
circumstance under Article 68(2) of the
revised Penal Code; Letter (B), an
(E) None of the above.
incomplete justifying circumstance of
fulfillment of duty, and letter (C), an SUGGESTED ANSWER:
incomplete self-defense, are also
Page 92 of 168
(B) Conspiracy to commit rebellion, A woman, who befriends and puts a

conspiracy to commit coup d'etat, sleeping pill in the victim‟ drink to
conspiracy to commit treason, enable her husband to have intercourse
conspiracy to commit sedition. with the victim, may be held liable for
rape as principal by indispensable
Conspiracy to commit coup d‟etat or cooperation and on the basis of
rebellion is punishable under Article 136 collective responsibility by reason of
of the Revised Penal Code; conspiracy to conspiracy.
commit treason under Article 115, and
conspiracy to commit sedition under VII. The death of the accused extinguishes
Article 141. his criminal liability but civil liability is not
extinguished. (0.5%)
VI. Choose the correct circumstance when a
woman may be held liable for rape: (0.5%) (A) when the death of the accused
occurred before conviction
(A) With the use of force or
intimidation. (B) when the death of the accused
occurred after conviction and after
(B) When the rape is committed by he has perfected his appeal from
two or more persons. conviction
(C) When the offender uses an (C) when the death of the accused
instrument and inserts it m the occurred during the pendency of his
mouth of the victim. appeal
(D) When she befriends and puts a (D) when the death of the accused
sleeping pill in the victim's drink occurred after final judgment
to enable her husband to have
intercourse with the victim. (E) None of the above.
(D) When she befriends and puts a (D) when the death of the accused
sleeping pill in the victim's drink to occurred after final judgment
enable her husband to have intercourse
with the victim. Criminal liability is totally extinguished
by the death of the convict, as to the
Page 93 of 168
personal penalties and as to pecuniary (A) If the evidence is merely

penalties, liability therefor is circumstantial, proof of motive is
extinguished only when the death of the essential.
offender occurs before final judgment
(Article 89 of the Revised Penal Code). (B) Generally, proof of motive is not
necessary to pin a crime on the
VIII. Compelling the pilot of an aircraft of accused if the commission of the
Philippine Registry to change its destination crime has been proven and the
is __________. (0.5%) evidence of identification is
convincing.
(A) grave coercion
(C) Motive is important to
(B) a violation of the Anti- ascertain the truth between two
Hijacking Law or R.A. No. 6235 antagonistic theories.
(C) grave threats (D) Motive is relevant if the identity

of the accused is uncertain.
(D) a violation of the Human
Security Act of 2007 or the Anti- (E) All of the above are correct.
Terrorism Law
SUGGESTED ANSWER:
(E) All of the above.
(C) Motive is important to ascertain the
SUGGESTED ANSWER: truth between two antagonistic theories.
(Borguilla v. CA and People, G.R. No. L-
(B) a violation of the Anti-Hijacking Law
47286, January 7, 1987).
or R.A. No. 6235.
It shall be unlawful for any person to

compel a change in the course or X. Luis was sentenced to prision mayor and
destination of an aircraft of Philippine to pay a fine of P50,000, with subsidiary
registry, or to seize or usurp the control imprisonment in case of in solvency. Is the
thereof, while it is in flight (Section I, sentence correct? (0.5%)
Rep. Act no. 6235).
(A) Yes, because Luis has no
IX. Choose from the list below the correct property to pay for the fine, so he
principle in considering "motive". (0.5%) must suffer the equivalent
Page 94 of 168
imprisonment provided by law in If Ben died before the promissory note's due
lieu of fine. date and Anthony still collected P1,000,000
with interest from Ben's estate, what
(B) No, because subsidiary crime/s did Anthony commit? (1%)
imprisonment is applicable only
when the penalty imposed is (A) Falsification of a public
prision correccional or below. document.
(C) Yes, because the sentence says (B) Falsification of a private

so. document and estafa.
(D) No, because the subsidiary (C) Estafa.

imprisonment is applicable only
when the penalty imposed is limited (D) Estafa thru falsification of a
to a fine. private document.
(E) None of the above. (E) None of the above.
(B) No, because subsidiary imprisonment (C) Estafa.
is applicable only when the penalty

Article 315 of the Revised Penal Code
imposed is prision correccional or below.
provides that swindling or estafa may be
When the principal imposed is higher committed “by inducing another, by
than prision correccional, no subsidiary means of deceit, to sign any document.”
imprisonment shall be imposed upon the

XII. Out of spite and simply intending to
culprit (Article 39, Revised Penal Code).
put Gina to shame for breaking off with
XI. Anthony drew a promissory note and him, Ritchie emptied a gallon of motor oil
asked his tem1inally-ill and dying business on the school's stairway where Gina usually
partner Ben to sign it. The promissory note passed. Gina, unaware of what Ritchie did,
bound Ben to pay Anthony One Million used the slippery stairway and slipped,
Pesos (P1,000,000) plus 12% interest, on or hitting her head on the stairs. Gina died
before June 30, 2011. from brain hemorrhage.
What crime did Ritchie commit? (1%)
Page 95 of 168
(A) Murder. (B) No, because multiple

sentences are served successively
(B) Reckless imprudence resulting in not simultaneously.
homicide.
(C) No, only penalties other than
(C) Homicide. imprisonment can be served
simultaneously.
(D) Impossible crime of homicide.
(D) Yes, because after he has served

(E) None.
the minimum of his penalties, he
can now be released.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(C) Homicide (People v. Pugay, G.R. No.
L-74324, November 17, 1988).
(B) No, because multiple sentences are
served successively not simultaneously
XIII. Santos was sentenced to suffer
(Article 70, Revised Penal Code).
imprisonment in three separate judgments:
6 months and 1 day to 4 years for
XIV. Amelia, a famous actress, bought the
attempted homicide; 6 yearsand1day to 8
penthouse unit of a posh condominium
years for frustrated homicide; and 6 years
building in Taguig City. Every night, Amelia
and1day to20years for homicide. After his
would swim naked in the private, but open
20th year in the National Penitentiary,
air, pool of her penthouse unit. It must
Santos filed a petition for habeas corpus
have been obvious to Amelia that she could
claiming that he had fully served his
be seen from nearby buildings. In fact,
sentence of 20 years and should therefore
some residents occupying the higher floors
be immediately released from
of the nearby residential buildings did
imprisonment.
indeed entertain themselves and their
friends by watching her swim in the nude
Was Santos correct? (1%)
from their windows.
(A) Yes, because he served his

What crime did Amelia commit? (1%)
sentences simultaneously so that
his 20 years of incarceration was
(A) Alarms and scandals because
sufficient.
her act of sw1mmmg naked disturbs
the public tranquility.
Page 96 of 168
(B) Grave scandal because she XV. After drinking a bottle of Jack Daniels,
committed highly scandalous acts Jonjon drove his BMW sports car at high
that are offensive to decency or good speed, rammed into a group of crossing
customs. pedestrians, and hit a traffic light post. The
incident caused the death of one (1)
(C) Immoral doctrines, obscene pedestrian, serious injuries to three (3)
publications and exhibitions, and others, and the destruction of the traffic
indecent shows under Article 201 of light post.
the Revised Penal Code, because her
act of swimming naked is akin to an If you were the prosecutor, what would you
indecent live show. charge Jonjon? (1%)
(D) Amelia did not commit any (A) Homicide with serious physical
crime because the swimming pool injuries through simple negligence.
is located in her private home.
(B) Damage to property, serious
SUGGESTED ANSWER: physical injuries and homicide
through reckless negligence.
(D) Amelia did not commit any crime
because the swimming pool is located in (C) Simple negligence resulting in
her private home. damage to property, serious
physical injuries and homicide.
Ameli did not commit the crime of
alarms and scandals because she did not (D) Reckless imprudence resulting
intend to disturb public peace as she was in homicide, serious physical
merely swimming within the confines of injuries and damage to property.
her private home. Neither did Amelia
commit grave scandal because her SUGGESTED ANSWER:
conduct cannot be deemed highly

(D) Reckless imprudence resulting in
scandalous as stated in Article 200 of
homicide, serious physical injuries and
the Revised Penal Code, nor did Amelia
damage to property (Article 365, Revised
commit any of the acts mentioned in
Penal Code and Ivler v. Modesto-San
Article 201 to constitute an incedent
pedro, G.R. No. 172716, November 17,
live show to satisfy the market for lust
2010).
or phornography.
Page 97 of 168
XVI. On June 1, 2011, Efren bought a used Can Atty. Jose be held criminally liable for
top-of-the-line Mercedes Benz for P7.5 libel? (1%)
Million from Switik Trading. On the same
day, he paid P2,500,000 in cash and issued (A) No, because an Answer to a
Switik Trading a check for P5,000,000 complaint is a court pleading where
dated July 31, 2011. He then brought the communications made are
car to a friend's house and hid it in an privileged; the writer cannot be held
underground garage. The check Efren liable for libel.
issued was dishonored for insufficiency of

(B) Yes, because the statement casts
funds when presented for payment on due
aspersion on the character, integrity
date. Efren was asked to honor and pay the
and reputation of Atty. Agrada as a
check or to return the car, but he refused.
lawyer and exposed him to public
What crime/s did Efren commit? (1%) ridicule.
(A) Carnapping. (C) Yes, although a court pleading

is a privileged communication,
(B) Estafa and carnapping. malicious statements that are
irrelevant and impertinent to the
(C) A violation of BP Blg. 22. issue in the pleading may be
libelous.
(D) Estafa and a violation of BP
Blg. 22. (D) Yes, there was a malicious intent
to ridicule Atty. Agrada as a lawyer.
(E) No, because the statement is in a

SUGGESTED ANSWER:
pleading, but Atty. Jose can be
charged administratively for
(D) Estafa and a violation of BP Blg. 22
misconduct before the Supreme
(Article 315(2), Revised Penal Code).
Court.
XVII. In his Answer to a complaint, Atty.

SUGGESTED ANSWER:
Jose (counsel for the defendant) stated that
Atty. Agrada (counsel for the plaintiff) is
(C) Yes, although a court pleading is a
"bobo, inutile, good for nothing, stupid, and
privileged communication, malicious
a menace to clients."
statements that are irrelevant and
Page 98 of 168
impertinent to the issue in the pleading (D) acts of lasciviousness (Article 336,
may be libelous. Revised Penal Code).
A pleading is absolutely privileged when XIX. If Rod killed Irene, his illegitimate
the defamatory statement therein is daughter, after taking her diamond earrings
legitimately related thereto, or so and forcing her to have sex with him, what
pertinent to the inquiry in the course of crime/s should Rod be charged with? (1%)
the trial (People v. Sesbereno, G.R. No. L-
62449, July 16, 1984). Although (A) Robbery and rape with parricide.
statements against the counsel for

(B) Robbery, rape and parricide.
plaintiff are not, for being irrelevant and
impertinent to the issue therein.
(C) Rape with homicide and theft.
Irrelevant and impertinent statements
are not protected by the privileged- (D) Rape with homicide.
communication rule.
XVIII. Using his charms because of his
movie star looks, Phil, in a movie date with SUGGESTED ANSWER:
Lyn, a 19-year old colegiala, kissed her on
the cheek and stroked her pubic hair. Lyn (D) Rape with homicide.
shouted for help and Phil was arrested. Phil

The crime committed is the special
is liable for __________. (1%)
complex crime of rape with homicide
(A) rape by sexual assault for using since homicide was committed on the
his fingers occasion or by reason of rape.
(B) violation of the Anti-Child Abuse There is no criminal liability for theft,
Law for lascivious conduct since, under Article 332 of the Revised
Penal Code, no criminal, but only civil
(C) unjust vexation liability, shall result from the
commission of the crime of theft,
(D) acts of lasciviousness swindling or malicious mischief
committed or caused mutually by the
following persons:
SUGGESTED ANSWER:
Page 99 of 168
1. Spouses, ascendants and [Note: there are two choice marked

descendants, or relatives by as (D) in the original Supreme Court
affinity in the same line….xxx… Bar Examination Questionnaire.]
XX. From an extension line, Ricardo SUGGESTED ANSWER:

overheard a telephone conversation
between Julito and Atty. Hipolito. The latter (D) No, because a telephone extension
(Atty. Hipolito) was asking money from line is not the device or arrangement
Julito in exchange for dropping the contemplated by the law and the use of
extortion charge filed against Julito. an extension line cannot be considered
Ricardo was charged of violating the Anti- as wire tapping (Gaanan v. IAC, G.R. No.
Wire Tapping Act or R.A. 4200. L-69809, October 16, 1986).
Under these facts, was there a violation as XXI. Judge Talim, upon complaint and
charged? (1%) application of the realty corporation

Batmanson, Inc., issued a writ of
(A) Yes, because the conversation preliminary injunction against Darjeeling
was private in nature. Ventures, Inc., a competitor of Batmanson,
Inc., without notice and hearing.
(B) Yes, because the conversation
was overheard without the consent If you were counsel for Darjeeling Ventures,
of the parties, Julito and Atty. Inc., what criminal charge should you file
Hipolito. against Judge Talim? (1%)
(C) No, because what is punishable (A) Rendering a manifestly unjust

is intentional listening to a judgment.
conversation through a wire.
(B) Knowingly rendering an unjust
(D) No, because a telephone interlocutory order.
extension line is not the device or
arrangement contemplated by the (C) Causing undue injury through
law and the use of an extension manifest partiality under R.A. No.
line cannot be considered as wire 3019.
tapping.
(D) Bribery.

Page 100 of 168
SUGGESTED ANSWER: (E) None of the above.
(B) Knowingly rendering an unjust SUGGESTED ANSWER:

interlocutory order.
(C) Possession of dangerous drugs.
The facts show that all the elements of
the crime of knowingly rendering an Even though George was found positive
unjust interlocutory order are present, for opium, he shall not be held
to wit: (1) that the offender is a judge; (2) additionally liable for use of dangerous
that he performs any of the following drugs under Section 15 of RA 9165. The
acts: (a) he knowingly renders an unjust last paragraph of thi provision provides:
interlocutory order or decree; or (b) he “this Section shall not be applicable
renders a manifestly unjust where the person tested is also found to
interlocutory order or decree through have in his/her possession such quantity
inexcusable negligence or ignorance of any dangerous drugs provided for
(Article 206, Revised Penal Code). The under Section 11 of this Act, in which
requirement of a notice and hearing is a case the provisions stated therein shall
basic tenet. apply.” RA 9165, a possessor and user of

dangerous drug can only be held liable
XXII. George, the 20-year old son of a rich for illegal possession of dangerous drug
politician, was arrested at the NAIA arrival under Section 11.
lounge and found positive for opium, a
dangerous drug. When arrested, 15 grams Importation of drugs is also not
of cocaine were found in his backpack. committed. In order to establish the

crime of importation of dangerous drugs,
What offense would you charge George it must be shown that the dangerous
under R.A. No. 9160 (Comprehensive drugs are brought to the Philippines
Dangerous Drugs Act)? (1%) from a foreign country. In this case, it
was not stated whether the arrival
(A) Use of dangerous drug. lounge is in the domestic or
international terminal of NAIA and
(B) Use and possession of dangerous
whether or not George is an airplane
drugs.
passenger, who just arrived form a
foreign country. Thus, the crime
(C) Possession of dangerous drugs.
committed is possession of dangerous
(D) Importation of dangerous drugs. drugs.
Page 101 of 168
XXIII. During a military uprising aimed at XXIV. Andres was convicted of frustrated
ousting the duly constituted authorities homicide and was sentenced to 6 years and
and taking over the government, General 1 day as minimum, to 8 years of prision
Tejero and his men forcibly took over the mayor as maximum. Andres appealed his
entire Rich Hotel which they used as their conviction to the Court of Appeals, which
base. They used the rooms and other convicted him of attempted homicide, and
facilities of the hotel, ate all the available sentenced him to 6 months of arresto
food they found, and detained some hotel mayor as minimum, to4years of prision
guests. correccional as maximum.
What crime did General Tejero and his men Instead of appealing his conviction, Andres
commit? (1%) filed an application for probation with the
Regional Trial Court. Is Andres qualified to
(A) Rebellion complexed with serious avail of the benefits of the probation law?
illegal detention and estafa. (1%)
(B) Rebellion. (A) No, because when he filed a

notice of appeal with the Court of
(C) Coup d'etat.
Appeals, he waived his right under
the probation law.
(D) Terrorism.
(B) Yes, because after his appeal,

he qualified for probation as the
SUGGESTED ANSWER: sentence imposed on him was less

than 6 years.
(C) Coup d'etat.
(C) Yes, because the probation law is
It appears that General Tejero and his meant to favor the accused.
men launched a swift attack
accompanied by violence, intimidation (D) No, because his previous
or threat directed against public utilities sentence of more than 6 years
or other facilities needed for the exercise disqualified him so that he can no
and continued possession of power for longer avail of probation as an
the purpose of seizing state power alternative remedy.
(Article 134-A, Revised Penal Code).

Page 102 of 168
SUGGESTED ANSWER: took his rifle, went around the

neighbourhood, and fired his rifle in the air
(B) Yes, because after his appeal, he while shouting, "makakatikim sa akin ang
qualified for probation as the sentence naglason ng mga baboy ko." Barangay
imposed on him was less than 6 years. officials requested police assistance and
Juancho was apprehended. Juancho was
The accused who was convicted by the
charged with and convicted of the crime of
lower court of a non-probationable
alarms and scandals. Juancho did not
offense (frustrated homicide), but on
appeal his conviction.
appeal was found guilty of a
probationable offense (attempted Is Juancho qualified for probation? (1%)
homicide), may apply for probation
since: (1) the Probation Law never (A) Yes, because the penalty for
intended to deny an accused his right to alarms and scandals is less than six
probation through no fault of his. The (6) years.
underlying theory behind probation is
one of liberality towards the accused. (2) (B) Yes, because Juancho did not
If the accused will not be allowed to appeal his conviction.
applyfor probation, he will be made to

(C) No, because the crime of alarms
pay for the trial court‟s erroneous
and scandals carries with it a fine of
judgment. (3) While probation may be a
P200.
mere privilege, the accused has the right
to apply for that privilege. (4) two
(D) No, because the crime of
judgments of conviction have been
alarms and scandals affects public
meted out to the accused: one, a
order.
conviction for frustrated homicide by
the RTC now set aside; and two, a (E) None of the above.
conviction for attempted homicide by
the Supreme Court (Colinares v. People, SUGGESTED ANSWER:
G.R. No. 182748, December 13, 2011).
(D) No, because the crime of alarms and
XXV. Juancho owns a small piggery in scandals affects public order.
Malolos, Bulacan. One Saturday afternoon,
he discovered that all his pigs had died. Under Section 9 of PD No. 968, the
Suspecting that one of his neighbours had benefit of probation shall not be
poisoned the pigs, Juancho went home, extended to those convicted of a crime
Page 103 of 168
against public order. Alarms and through falsification of public

scandals is a crime against public order document.
since it is punishable under Chapter 5, c. If AAA commits in a public
Title Three, Book two of the Revised document the act of falsification
Penal Code; hence, Juancho is not as a necessary means to commit
qualified for probation. estafa, the relationship by
affinity still subsists as an
2012 Criminal Law Exam absolutory cause for estafa
MCQ (October 21, 2012) which should be considered

separately from the liability for
1. The wife of AAA predeceased his falsification of public document
mother-in-law. AAA was accused of because there is no specific
defrauding his mother-in-law under a penalty prescribed for the
criminal information for estafa, but the complex crime of estafa through
actual recital of facts of the offense falsification of public document.
charged therein, if proven, would d. Considering that under the
constitute not only the crime of estafa, given situation, the two (2)
but also falsification of public document crimes of estafa and
as a necessary means for committing falsification of public
estafa. AAA invokes the absolutory document are not separate
cause of relationship by affinity. Which crimes but component crimes
statement is most accurate? of the single complex crime of
a. The relationship by affinity estafa and falsification of
created between AAA and the public document, the
blood relatives of his wife is absolutory cause of
dissolved by the death of his wife relationship by affinity is not
and the absolutory cause of available to AAA.
relationship by affinity is
SUGGESTED ANSWER:
therefore no longer available to
AAA.
D. there are two views on whether the
b. The death of spouse does not
extinguishment of marriage by death of
severe the relationship by
the spouse dissolves the relationship by
affinity which is an absolutory
affinity for purpose of absolute cause.
cause available to AAA for estafa
The first holds that relationship by
Page 104 of 168
affinity terminates with the dissolution SUGGESTED ANSWER:

of the marriage while the second
maintains that relationship continues D. the Supreme Court in several cases
even after the death of the deceased had applied the “mistake of fact”
spouse. The principal of pro reo calls for doctrine in relation to the justifying
the adoption of the continuing affinity circumstance of self-defense (United
view because it is more favorable to the States v. Ah Chong, 15 Phil. 488),
accused. However, the absolutory cause defense of person and right (US v.
applies to theft, swindling and Bautista, G.R. No. 10678, August 17,
maliscious mischief. It does not apply to 1915), defense of honor (United States v.
theft through falsification or estafa Apego, 23 Phil. 391), performance of
through falsification (Intestate estate of duty, (People v. Mamasalaya, G.R. No. L-
Gonzales v. People, G.R. No. 181409, 4911, February 10, 1953), and the
February 11, 2010). exempting circumstance of obedience of

an order of superior officer (People v.
2. Under which of the following Beronilla, G.R. No. L-4445, February 28,
circumstances is an accused not liable 1955). Hence, mistake of fact principle
for the result not intended? can likewise be applied in relation to
a. Accused is not criminally liable circumstance of lack of voluntariness
for the result not intended when such as the circumstance of irresistible
there is mistake in the identity force or uncontrollable fear. In sum, the
of the victim. accused will not be held criminally liable
b. Accused is not criminally liable for the result not intended when there is
for the result not intended when mistake of fact constituting an
there is mistake in the blow. involuntary act.
c. Accused is not criminally liable
for the result not intended when ALTERNATIVE ANSWER:
the wrongful act is not the

C. Accused is not criminally liable for
proximate cause of the resulting
the result not intended when the
injury.
wrongful act is not the proximate cause
d. Accused is not criminally
of the resulting injury.
liable for the result not
intended when there is
3. Can there be a frustrated impossible
mistake of fact constituting
crime?
an involuntary act.
Page 105 of 168
a. Yes. When the crime is not to the employment of inadequate or

produced by reason of the ineffectual means to accomplish it, the
inherent impossibility of its crime committed is impossible crime.
accomplishment, it is a (Example: If the accused with intent to
frustrated impossible crime. kill thought that the salt, which he
b. No. There can be no frustrated mixed with the coffee of another, is
impossible crime because the arsenic powder, he is liable for
means employed to accomplish impossible crime – People v. Balmores,
the crime is inadequate or G.R. No. L-1896, February 16, 1950, En
ineffectual. Banc). If the means employed to
c. Yes. There can be a frustrated accomplish the felony is adequate or
impossible crime when the act effectual, but the felony was not
performed would be an offense produced by reason of causes
against persons. independent of the will of the
d. No. There can be no frustrated perpetrator, the crime committed is
impossible because the frustrated felony. (Example: The offender
offender has already with intent to kill mixed arsenic with
performed the acts for the the coffee of another; the latter did not
execution of the crime. die not by reason of inadequate quantity
of the poison but due to timely medical
SUGGESTED ANSWER: intervention; offender is liable for
frustrated murder). Hence, the answer is
D. There can be no frustrated impossible
“B”.
because the offender has already
performed the acts for the execution of 4. FF and his two (2) sons positioned
the crime. themselves outside the house of the
victim. The two (2} sons stood by the
ALTERNATIVE ANSWER:
stairs in front of the house, while the
father waited at the back. The victim
B. if one performed all the acts of
jumped out of the window and was met
execution but the felony was not
by FF who instantly hacked him. The
produced, the crime committed is either
two (2) sons joined hacking the victim to
frustrated felony or impossible crime
death. They voluntarily surrendered to
and not frustrated impossible crime. If
the police. How will the attendant
the felony despite the performance of all
circumstances be properly appreciated?
acts of execution was not produced due
Page 106 of 168
a. Treachery and abuse of superior v. Rebucan, G.R. No. 182551, July 27,
strength qualify the killing to 2011). What should qualify the crime is
murder. treachery as proved and not abuse of
b. Only treachery qualifies the superior strength (People v. Loreto, G.R.
killing to murder because No. 137411-13, February 28, 2003, See
abuse of superior strength is also People v. Perez, G.R. No. 181409,
absorbed by treachery. February 11, 2010).
c. Treachery is the qualifying
aggravating circumstance, while 5. Which of the following circumstances
abuse of superior strength is may be taken into account for the
treated as a generic aggravating purpose of increasing the penalty to be
circumstance. imposed upon the convict?
d. The qualifying circumstance of a. Aggravating . circumstances
treachery or abuse of superior which in themselves constitute a
strength can be offset by the crime specially punishable by
mitigating circumstance of law.
voluntary surrender. b. Aggravating circumstances

which are inherent in the crime
SUGGESTED ANSWER: to such a degree that they must
of necessity accompany the
B. Abuse of superior strength is an crime.
aggravating circumstance if the accused c. Aggravating circumstances
purposely uses excessive force out of which arise from the moral
proportion to the means of defense attributes of the offender.
available to the person attacked, or if d. Aggravating circumstances
there is notorious inequality of forces which are included by the law in
between the victim and aggressor, and defining a crime.
the latter takes advantage of superior
strength (People v, Del Castillo, G.R. No. SUGGESTED ANSWER:
169084, January 18, 2012). If the victim
is completely defenseless, treachery C. Aggravating circumstances which in
should be appreciated. When the themselves constitute a crime specially
circumstance of abuse of superior punishable by law or which are included
strength concurs with treachery, the by the law in defining a crime and
former is absorbed in the latter (People prescribing the penalty therefor shall not
be taken into account for the purpose of
Page 107 of 168
increasing the penalty. The same rule No. 4103); while those convicted of
shall apply with respect to such a degree misprision of treason are not.
that it mut be necessity accompany the
commission thereof. Aggravating which 7. Proposal to commit felony is punishable
arise from the moral attributes of the only in cases in which the law
offender shall only serve to aggravate specifically provides a penalty therefor.
the liability of the principals, Under which of the following instances.
accomplices and accessories as to whom are proponents NOT liable?
such circumstances are attendant a. Proposal to commit coup d'etat.
(Article 62 of the Revised Penal Code). b. Proposal to commit sedition.
Hence, aggravating circumstance c. Proposal to commit rebellion.
involving moral attributes should be d. Proposal to commit treason.
taken into considerationin increasing

SUGGESTED ANSWER:
the penalty to be imposed upon the
convict.
B. proposal to commit treason, rebellion
or coup d‟etat (Articles 115 and 136 of
6. Who among the following convicts are
the Revised Penal Code) is punishable
not entitled to the benefits of the
but proposal to commit sedition is not.
lndetermediate Sentence Law?
a. Those who are recidivists.
8. AA misrepresented to the complainant
b. Those whose maximum term of
that he had the power, influence,
imprisonment exceeds one (1)
authority and business to obtain
year.
overseas employment upon payment of
c. Those convicted of inciting to
placement fee. AA duly collected the
sedition.
placement fee from complainant. As per
d. Those convicted of misprision
certification of the Philippine Overseas
of treason.
Employment Administration, AA did not
possess any authority or license for
SUGGESTED ANSWER:
overseas employment. Is it proper to file
D. Recidivists, those convicted of two (2) separate Informations for illegal
inciting to sedition and those whose recruitment under the Labor Code and
term of imprisonment exceed one year for estafa by means of deceit?
are entitled to the benefits of the a. No. The filing of two (2) separate
indeterminate sentence (Section 2 of Act Informations for illegal

recruitment under the Labor
Page 108 of 168
Code and for estafa by means of a person convicted under RA No. 8042
deceit for the same act is may also be convicted of offenses
violative of the principle against punishable by other laws (People v.
double jeopardy. Logan, G.R. No. 135030-33, July 20,
b. No. One Information for a 2001). Moreover, although the two
complex crime of illegal crimes may arise form the same facts,
recruitment with estafa by they are not the same. Not all acts,
means of deceit should be filed, which constitute astafa, necessarily
instead of two (2) separate establish illegal recruitment, for estafa is
Informations. wider in scope and rovers deceits
c. No. A person convicted of illegal whether or not related to recruitment
recruitment under the Labor actvivties. More importantly, the
Code may not, for the same act, element of damage, which is essential in
be separately convicted of estafa estafa case, is immaterial in illegal
by means of deceit. recruitment (People v. Turda, G.R. No.
d. Yes. A person convicted of 97044, July 6, 1994). Moreover, under
illegal recruitment under the Section 6 of RA No. 8042 as amended by
Labor Code may, for the same RA No. 10022, the filing of an offebse
act, be separately convicted of punishable under this Act shall be
estafa by means of deceit. without prejudice to the filing of cases
punishable under existing laws, rules or
SUGGESTED ANSWER: regulations. If the recruitment is
undertaken to defraud another, the
D. it is well-settled that a person who
recruiter may be held liable for estafa
has committed illegal recruitment may
under paragraph 2(a) of Article 315 of
be charged and convicted separately of
the Revised Penal Code and illegal
the crime of illegal recruitment under
recruitment.
RA No. 8042 and estafa. The reason for
the rule is that the crime of illegal [Note: RA No. 8042 amended pertinent
recruitment I malum prohibitum where provisions of the Labor Code and gave a
the criminal intent of the accused is not new definition of the crime of illegal
necessary for conviction, while the recruitment and provided for a higher
crime of estafa Is malum in se where the penalty – Nasi-Villar v. People, G.R. No.
criminal intent of the accused is 176169, November 14, 2008]
necessary for conviction. In other words,
Page 109 of 168
9. When are light felonies punishable? c. AA is criminally liable for

a. Light felonies are punishable in disobeying request for
all stages of execution. disqualification.
b. Light felonies are punishable d. AA incurs no criminal liability
only when consummated. because there is no indication
c. Light felonies are punishable that he caused prejudice to
only when consummated, with anyone.
the exception of those
committed against persons or SUGGESTED ANSWER:
property.
B. the crime of prolonging performance
d. Light felonies are punishable
of duties and powers is committed by
only when committed against
any public officer who shall continue to
persons or property.
exercise the duties and powers of his
SUGGESTED ANSWER: office, employment or commission,

beyond the period provided by law,
C. Light felonies are punishable only regulations or special provisions
when consummated, with the exception applicable to the case (Article 237 of the
of those committed against persons or Revised Penal Code).
property (Article 7 of the Revised Penal
Code). 11. For treachery to qualify killing to
murder, the evidence must show:
10. AA was appointed for a two-year term to a. The time when the accused
serve the unexpired portion of a decided to employ treachery, the
resigned public official. Despite being overt act manifestly indicating
disqualified after the lapse of the two- that he clung to such
year term, PA continued to exercise the determination, and a sufficient
duties and powers of the public office to lapse of time between the
which appointed. What is the criminal decision and the execution,
liability of AA? allowing him to reflect upon the
a. AA is criminally liable for consequence of his act.
malfeasance in office. b. Unlawful aggression, reasonable
b. AA is criminally liable for necessity of the means to
prolonging performance of prevent or repel the aggression,
duties and powers. and lack of sufficient
Page 110 of 168
provocation on the part of the b. The woman who tried to commit

victim. suicide is criminally liable for
c. That the accused employed unintentional abortion which is
such means, methods or punishable when caused by
manner to ensure his safety violence.
from the defensive or c. The woman who tried to commit
retaliatory acts of the victim, suicide is criminally liable for
and the mode of attack was abortion that resulted due to the
consciously adopted. poison that she had taken to
d. Actual sudden physical assault commit suicide.
or threat to inflict real imminent d. The woman who tried to
injury to an unsuspecting commit suicide occurs no
victim. criminal liability for the result
not intended.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
C. There is treachery when the offender
commit any of the crimes against the D. the pregnant woman cannot be held
person, employing means, methods, or liable for abortion under Article 258 of
forms in the execution thereof which the Revide Penal Code because intent to
tend directky and specially to insure its abort, which is an essential element of
execution, without risk to himself this crime, is lacking. Neither can she be
arising from the defense which the held liable for unintentional abortion
offended party might make (Article 14 of under Article 257, because the element
the Revised Penal Code). of violence is wanting.
12. What is the criminal liability, if any, of a Criminal liability shall be incurred by
pregnant woman who tried to commit any person committing a felony (delito)
suicide by poison, but she did not die although the wrongful act done be
and the fetus in her womb was expelled different from that which he intended
instead? (Article 4 of the Revised Penal Code).
a. The woman who tried to commit Attempt to commit suicide although an
suicide is not criminally liable intentional act is not constitutive of a
because the suicide intended felony. According to Luis B. Reyes, “a
was not consummated. person who attempts to commit suicide
is not criminally liable, because the
Page 111 of 168
society has always considered a person (17) years and four (4) months of
attempts to kill herself as an reclusion temporal as maximum.
unfortunate being, a watched person
more deserving of pity rather than of SUGGESTED ANSWER:
penalty.” Hence, the woman, who tried

A.In People v. Rillorta, G.R. No. 57415,
to commit suicide, is not liable for the
December 15, 1989, and in People v.
direct, antural and logical consequence
Recto, G.R. No. 129069, October 17,
of her non-felonious act.
2001, the Supreme Court En Banc found
13. Chris Brown was convicted of a complex the accused guilty of the complex crime
crime of direct assault with homicide of homicide with assault upon a person
aggravated by the commission of the in authority and sentenced him to suffer
crime in a place where public an indeterminate penalty ranging from
authorities are engaged in the discharge twelve (12) years of prision mayor, as
of their duties. The penalty for homicide minimum, to twenty (20) years of
is reclusion temporal. On the other reclusion temporal, as maximum.
hand, the penalty for direct assault is

14. A, 8, and C organized a meeting in
pns10n correccional in its medium and
which the audience was incited to the
maximum periods. What is the correct
commission of the crime of sedition.
indeterminate penalty?
Some of the persons present at the
a. Twelve (12) years of prision
meeting were carrying unlicensed
mayor as minimum to twenty
firearms. What crime, if any, was
(20) years of reclusion
committed by A, 8 and C, as well as
ten1poral as maximum.
those who were carrying unlicensed
b. Ten (10) years of prision mayor
firearms and those who were merely
as minimum to seventeen (17)
present at the meeting?
years and four (4) months of
a. Inciting to sedition for A, 8 and
reclusion temporal as maximum.
C and illegal possession of
c. Eight (8) years of prision mayor
firearms for those carrying
as minimum to eighteen (18)
unlicensed firearms.
years and four (4) months of
b. Inciting to sedition for A, 8 and
reclusion temporal as maximum.
C and those carrying unlicensed
d. Twelve (12) years of prision
firearms.
mayor as minimum to seventeen
Page 112 of 168
c. Illegal assembly for A, 8, C and not, the offender cannot be prosecuted

all those present at the separately for illegal possession of
meeting. firearm. RA 8294 prescribes a penalty for
d. Conspiracy to commit sedition possession of unlicensed firearm
for A, B, C and those present at “provided, that no other crime was
the meeting. committed.” A simple reading of PD
1866 as amended by RA 8249 shows that
SUGGESTED ANSWER: if an unlicensed is used in the
commission of any crime, there can be
C. inciting to sedition under Article 142
no separate offense of simple illegal
of the Revied Penal Code is not
possession of firearms (People v.
committed since there is no showing
Ladjaalam, G.R. Nos. 136149-51,
that the audience was incited by “A”,
September 19, 200; Celino v. CA, GR No.
“B” and “C” themselves to commite
170562, June 29, 2007).
sedition. Neither is conspiracy to
commit sedition under Article 142 15. Is the crime of theft committed by a
committed since there is no showing person who, with intent to gain, takes a
that the organizers and audience agreed worthless check belonging to another
and decided to commit sedition. The without the latter's consent?
crime committed is illegal assembly a. Yes. All the elements of the
under Article 146 of the Revised Penal crime of theft are present: that
Code. This crime is committed by there be taking of personal
organizers and leaders of a meeting in property; that the property
which the audience wa incited to the belongs to another; and that the
commission of the crime of sedition. taking be done with intent to
Persons merely present at such meeting gain and without the consent of
shall likewise be held criminally liable. the owner.
b. No. The taking of the
Those who were carrying unlicensed
worthless check, which has no
firearms, cannot be separately charged
value, would not amount to
with the crime of illegal possession of
the crime of theft because of
unlicensed firearm in addition to illegal
the legal impossibility to
assembly. Settled is the rule that if the
commit the intended crime.
offender committed illegal possession of
c. Yes. Theft is committed even if
firearm and other crime, whether
the worthless check would be
expressly mentioned in RA No. 8294 or
Page 113 of 168
subsequently dishonored committed while still serving for

because the taker had intent to the first offense.
gain from the check at the time
of the taking. SUGGESTED ANSWER:
d. Yes. Theft is committed because

C. Quasi-recidivist is a person who shall
the factual impossibility to gain
commit a “felony” after having been
from the check was not known
convicted by final judgment while erving
to the taker or beyond his
his sentence (Article 160 of the Revised
control at the time of taking.
Penal Code). “B” is not a quasi-recidivist
SUGGESTED ANSWER: since he did not commit a felony while

serving sentence. Illegal possession of
B. Stealing a worthless check constitute unlicensed firearm committed by “B” is
impossible crime. There is impossibility an offense punishable by special law and
to accomplish the crime of theft since not a felony under the Revised Penal
the check has no value (See: Jacinto v. Code.
People, G.R. No. 162540, July 13, 2009).
ALTERNATIVE ANSWER:
16. B was convicted by final judgment of
theft. While serving sentence for such A.”A” is a quai-recidivist. Under PD No.
offense, B was found in possession of 1866, the penalty for illegal possession
an unlicensed firearm. Is B a quasi- of firearm is prision correccional in its
recidivist? maximum period for low powered firearm
a. B is a quasi-recidivist because or prision mayor in its minimum period
he was serving sentence when for high powered firearm. Since these
found in possession of an penalties under PD No. 1866 were taken
unlicensed firearm. from the Revised Penal Code, the rules
b. B is not a quasi-recidivist in said Code for determining the proper
because the offense for which he period shall be applied by way of
was serving sentence is different supplement (See: People v. Feloteo, G.R.
from the second offense. No. 124212, June 5, 1998). One of these
c. B is not a quasi-recidivist rules is the application of penalty in its
because the second offense is maximum period due to the
not a felony. circumstance of quasi-recidivism.
d. B is not a quasi-recidivist Although CA Justice Luis Reyes and
because the second offense was Justice Florenz Regalado opined that the
Page 114 of 168
second crime must be a felony to 18. What crime is committed by a person

appreciate quasi-recidivism because who kills a three-day old baby?
Article 160 speaks of a “felony”, the a. infanticide;
Supreme Court in People v. Salazar, G.R. b. homicide;
No. 98060 January 27, 1997 appreciated c. murder;
quasi-recidivism against the accused, d. parricide.
who committed an offense under RA No.
6425. Hence, “A” is the answer. SUGGESTED ANSWER:
17. What crime is committed by one who C. the crime commited is not infanticide
defrauds another by taking undue under Article 255 of the Revised Penal
advantage of the signature of the Code since the victim killed is not less
offended party in a blank check and by than three days of age. Killing of a three-
writing the payee and amount of the day old baby constitutes murder
check to the prejudice of the offended qualified by treachery under Article 248.
party? Minor children, who by reason of their
a. estafa with unfaithfulness or tender years, cannot be expected to put
abuse of confidence; a defene. When an adult person illegally
b. estafa by false pretense; attacks a child, treachery exists. (People
c. estafa through fraudulent v. Fallorina, G.R. No. 137347, March 4,
means; 2004).
d. estafa by other deceits.

19. What crime is committed by a person
SUGGESTED ANSWER: who kills his legitimate brother on the

occasion of a public calamity?
A.Estafa is committed by a person who a. parricide;
shall defraud another with b. homicide;
unfaithfulness or abuse of confidence by c. murder;
taking undue advantage of the signature d. death caused in a tumultuous
of the offended party in blank, and by affray.
writing any document above such
signature in blank, to the prejudice of SUGGESTED ANSWER:
the offended party or to any third person

C. Parricide under Article 246 of the
(Article 315[1] [c] of the Revised Penal
Revised Penal Code is committed when:
Code).
(1) a person is killed; (2) the deceased is
Page 115 of 168
killed by the accused; (3) the deceased is 3947, January 28, 1908); or (3)
the father, mother, or child, whether determining if he committed or is
legitimate or illegitimate, or a legitimate committing a crime (US v. Hawchaw, GR
other ascendant ot other descendant, or No. L-6909, February 20, 1912).
the legitimate spouse of the accused
(People v. Tibon, G.R. No. 188320, June Arbitrary detention is a crime against
29, 2010). Killing his legitimate brother fundamental law of the law or the
is not parricide since he is just a Constitution. A public officer, who is
collateral relative of the accused. vested with the authority to detain or to
However, killing a person on occasion of order the detention of a peson accused
public calamity is murder. of a crime, is acting in behalf of the

government in arresting or detaining a
20. What is the crime committed by any person. If such public officer detained a
person who, without reasonable ground, person in violation of his constitutional
arrests or detains another for the right against unreasonable seizure (or
purpose of delivering him to the proper not in accordance with Section 5, Rule
authorities? 113 of the Revised Rules of Criminal
a. unlawful arrest; Procedure), the crime committed is
b. illegal detention; “arbitrary detention.” Unlawful arrest is
c. arbitrary detention; a crime against personal liberty and
d. grave coercion. security. A public officer, who is not
vested with the authority to detain or to
SUGGESTED ANSWER: order the detention of a person (e.g.
stenographer, researcher or municipal
A.in unlawful arrest, the private
treasurer), is not acting in behalf of the
individual or public officer in its private
government in making a warrantless
capacity arrestes or detains the victim
arrest. Such public officer acting in his
without reasonable ground or legal
private capacity (or a private individual)
authority. In arbitrary detention, the
could not violate the Constitution
public officer, who has authority to
(People v, Marti, GR No. 81561, January
make arrest, detains the victim without
18, 1991); hence, if he arrests or detains
legal grounds for the purpose of: (1)
a person not in accordance with Section
delivering him to judicial authority (US
5, Rule 113 of the Revised Rule of
v. Gellada, 15 Phil. 120); (2) conducting
Criminal Procedure, the crime
criminal investigation (People v. Oliva,
committed is “unlawful arrest”. The
95 Phil. 962; US v. Agravante, GR No.
Page 116 of 168
essence of this crime is not violation of d. No. The surrender to the

fundamental law of the law but Barangay Chairman is not a
deprivation of liberty of the victim. surrender to the proper
authorities.
In the facts given, the acts of the person
squarely falls within the provision of SUGGESTED ANSWER:
Article 269 of the Revised Penal Code,
which defines unlawful arrest as one C. surrender is not voluntary where the
committed by a person who, in any case accused went to Barangay Chairman
other than those authorized by law, or after the killings to seek protection
without reasonable ground therefor, against the retaliation of the victim‟s
shall arrest or detain another for the relatives. Considering that the accused
purpose of delivering him to the proper did not uncondtitionally submit himself
authorities. to the authorities in order to

acknowledge his participation in the
21. A killed M. After the killing, A went to killings or in order to save the
the Barangay Chairman of the place of authorities the troube and expense for
incident to seek protection against the his arrest, surrender is not a mitigating
retaliation of M's relatives. May circumstance (People v. Del Castillo,
voluntary surrender be appreciated as a G.R. No. 169084, January 18, 2012).
mitigating circumstance in favor of A?
a. Yes. A surrendered to the 22. Who among the following is liable for
Barangay Chairman who is a estafa?
person in authority. a. The seller of a laptop
b. Yes. The surrender of A would computer who failed to inform
save the authorities the trouble the buyer that the laptop had
and expense for his arrest. a defect.
c. No. A did not unconditionally b. The person who ran away with
submit himself to the a cell phone which was handed
authorities in. order to to him upon his pretense that
acknowledge his participation he had to make an emergency
in the killing or to save the call.
authorities the trouble and c. The person who assured he will
expenses necessary for his pay interest on the amount but
search and capture. failed to do so as promised.
Page 117 of 168
d. The son who induced his father constitute estafa of theft depending
to buy from him a land which upon the nature of possession. If his
the son is no longer the owner. possession of the property if physical or
de facto, misappropriation thereof is
SUGGESTED ANSWER: constitutive of theft. If the possession is
juridical or legal, misappropriation
B. the person, who ran away with a
thereof is estafa through
cellphone which was handed to him
misappropriation (See: People v. Mirto,
upon his pretence that he had to make
GR No. 193479, October 19, 2011). Thus,
an emergency call, is liable for estafa
the person, who ran away with a
through misappropriation.
cellphone which was handed to him
upon his pretence that he had to make
ALTERNATIVE ANSWER:
an emergency call, is liable for theft
A.fraud or deceit may be committed by since the possession of offender is
omission. It is true that mere silence is merely physical (See: US v. De Vera, 43
not in itself concealment. Concealment Phil. 1000). Hence, “B” is not the
which the law denounces as fraudulent answer.
implies a purpose or design to hide fact

False pretense whether as an element of
which the other party sought to know.
estafa through false representation
Failure to reveal a fact which the seller
under Article 315 of the Revised Penal
is, in good faith, bound to disclose may
Code and other deceit under Article 318
generally be classified as deceptive act
thereof must constitue the very cause or
due to its inherent capacity to deceive.
the only motive for the private
Suppression of a material fact which a
complainant to part with her property
party is bound in good faith to disclose
(See: Guinhawa v. People, GR No.
is equivalent to a false representation. A
162822, August 25, 2005). Assurance
seller, who failed to disclose the defect
not only to pay the interest but more
of the property sold to the buyer, is
importantly the principal is obviously
liable for other deceit under Article 318
the very cause why the person in the
of the Revised Penal Code (Guinhawa v.
given facts parted his money. Moreover,
People, GR No. 162822, August 25,
failure to pay interest as promised
2005). Hence, “A” is the answer.
should not be considered as estafa or
Misappropriation of personal property in other deceit because of the
possession of the accused may constitutional prohibition against
Page 118 of 168
imprisonment for non-payment of debt. “attending circumstances” under the ISL

Promise to pay is not a false pretense be limited to Articles 13 and 14, then it
contemplated by provision of the law on could have simply so stated. The
estafa. Hence, “C” is not the answer. wording of the law clearly permits other
circumstances outside of Articles 13 and
The son, who induced his father to buy 14 of the RPC to be treated as
from him a land, which the son is no “attending circumstances” under the ISL
longer the owner, is not liable for estafa be limited to Articles 13 and 14 of the
because relationship is an absolutory RPC to be treated as “attending
cause under Article 332 of the Revised circumstances” for purposes of the
Penal Code. Hence, “D” is not the application of the ISL, such as quasi-
answer. recidivism and circumstance involving
incremental penalty rule in estafa and
23. What is the nature of the circumstance
theft (People v, Temporada, GR No.
which is involved in the imposition of
173473, November 17, 2008, En Banc).
the maximum term of the indeterminate
sentence? 24. A, B and C, all seventeen (17) years of
a. qualifying circumstance; age, waited for nighttime to avoid
b. aggravating circumstance; detection and to facilitate the
c. modifying circumstance; implementation of their plan to rob G.
d. analogous circumstance. They entered the room of G through a
window. Upon instruction of A, G
SUGGESTED ANSWER:
opened her vault while 8 was poking a
knife at her. Acting as lookout, C had
C. under the Indeterminate Sentecnce
already opened the main door of the
Law (ISL) the court shall sentence the
house when the helper was awakened
accused to an indeterminate sentence
by the pleading of G to A and B to just
the maximum term of which shall be
take the money from the vault without
that which, in view of the attending
harming her. When the helper shouted
circumstances, could be properly
for help upon seeing G with A and B
imposed under the rule of Revised Penal
inside the room, 8 stabbed G and ran
Code. The plain terms of the ISL show
towards the door, leaving the house
that the legislature did not intend to
with C. A also left the house after taking
limit “attending circumstances” as
the money of G from the vault. G was
referring to Article 13 and 14 of the
brought to the hospital where she died
RPC. If the legislature intended that the
Page 119 of 168
as a result of the wound inflicted by B. to commit robbery for which

Under the given facts, are A, B and C they should be collectively
exempt from criminal liability? If not, charged as principals, and in
what is the proper charge against them addition, B should be separately
or any of them? charged with homicide for the
a. A, B and C, being under death of G, subject to diversion
eighteen (18) years of age at the programs for children over 15
time of the commission of the and under 18 who acted with
offense, are exempt from discernment.
criminal liability and should be
merely subjected to intervention SUGGESTED ANSWER:
program for child in conflict with

C. a child above fifteen (15) years but
the law.
below eighteen (18) years if age shall be
b. There being no indication of
exempt from criminal liability unless
having acted with discernment,
he/she has acted with discernment
A, B and C are exempt from
(Section 6 RA No. 9344). The
criminal liability, subject to
discernment is his mental capacity to
appropriate programs in
understand the difference between right
consultation with the person
and wrong, and such capacity may be
having custody over the child in
known and should be determined by
conflict with the taw or the local
taking into consideration all the facts,
social welfare and development
and circumstances afforded by the
officer.
records in each case, the very
c. Considering the given facts
appearance, the very attitude, the very
which manifest discernment,
comportment and behavior of said minor
A, B and C are not exempt
(People v. Doquena, GR No. 46539,
from criminal liability and
September 27, 1939). “A”, “B” and “C”
should be charged with the
are not exempt from criminal liability
complex crime of robbery with
since the manner they committed the
homicide, subject to
crime indicates discernment.
automatic suspension of
sentence upon finding of guilt.
Although the original plan may have
d. Under the given facts, A, 8 and
been to simply rob the victim, the
C are not exempt from criminal
conspirators are equally liable as co-
liability because they conspired
principals for all the planned or
Page 120 of 168
unanticipated consequences of their A.Evasion through negligence (Article

criminal design (People vs. Ballo, GR No. 224 of the Revised Penal Code) and
124871, May 13, 2004). Whenever the conniving with or consenting to evasion
commission of the special complex (Article 223) are crimes committed by
crime of robbery with homicide id public officer in charged with the
proven, all those who took part in the conveyance or custody of the prisoner;
robbery are liable as principals even either detention prisoner or prisoner by
though they did not take part in the final judgment; hence, letters “b” and
killing (People v. Sumalinog, GR No. “c” are nit the answer. Evasion of
128387, February 5, 2004) unless it service of sentence (Article 157) can
appear that they endeavored to prevent only be committed by a prisoner by final
the homicide (People v. Gonzales, GR No. judgment, and not by mere detention
140756, April 4, 2003). “A”, “B” and “C” prisoner (Curiano vs. CFI, G.R. No. L-
hould be charged with robbery with 8104, April 15, 1955). Hence, “D” is the
homicide despite the fact that they answer. The escapee does not incur
merely plan to rob the victim and that criminal liability.
only “B” stabbed “G”.
26. What crime is committed when a person
25. The guard was entrusted with the assumes the performance of duties and
conveyance or custody of a detention powers of a public office or employment
prisoner who escaped through his without first being sworn in?
negligence. What is the criminal liability a. anticipation of duties of a
of the escaping prisoner? public office;
a. The escaping prisoner does b. usurpation of authority;
not incur criminal liability. c. prohibited transaction;
b. The escaping prisoner is liable d. unlawful appointment.
for evasion through negligence.
c. The escaping prisoner is liable SUGGESTED ANSWER:
for conniving with or consenting

A.The crime of anticipation of duties of a
to, evasion.
public office is committed by any person
d. The escaping prisoner is liable
who shall assume the performance of the
for evasion of service of
duties and powers of any public office or
sentence.
employment without first being sworn in
SUGGESTED ANSWER: or having given the bond required by law

(Article 236 of the Revised Penal Code).
Page 121 of 168
27. What crime is committed by a public victim. Which one of the following
officer who, before the acceptance of his circumstances constitutes parricide?
resignation, shall abandon his office to a. Offender killing the illegitimate
the detriment of the public service in daughter of his legitimate son.
order to evade the discharge of the b. Offender killing his illegitimate
duties of preventing, prosecuting or grandson.
punishing the crime of treason? c. Offender killing his common-law
a. abandonment of office or wife.
position; d. Offender killing his
b. qualified abandonment of illegitimate mother.
office;
c. misprision of treason; SUGGESTED ANSWER:
d. negligence in the prosecution of

D. Parricide is committed when: (1) a
offense.
person is killed; (2) the deceased is killed
SUGGESTED ANSWER: by the accused; (3) the deceased is the

father, mother, or child, whether
B. Abandonment of office or position is legitimate or illegitimate, or a legitimate
committed by any public officer who, other ascendant or other descendant, or
before the acceptance of his resignation, the legitimate spouse of the accused
shall abandon his office to the detriment (People v. Tibon, GR No. 188320, June
of the public service. The crime is 29, 2010). Killing his granddaughter,
qualified if the purpose of abandonment grandson or wife shall not be considered
is to evade the discharge of the duties of as parricide since the relationship is not
preventing, prosecuting or punishing any legitimate. In parricide, the legitimacy of
of the crime falling within Title One, and the relationship is an essential element
Chapter One of Title Three of Book Two thereof if the victim is the wife or the
of the Revised Penal Code such as second degree direct relative of the
treason (Article 238). Hence, the crime offender. Hence, “A”, “B” or “C” is not
committed is qualified abandonment of the answer. On the other hand, killing
office. his illegitimate mother is parricide. In
parricide, the legitimacy of the
28. The key element in a crime of parricide relationship is not an essential element
other than the fact of killing is the thereof if the victim is the first degree
relationship of the offender to the direct relative of the offender.
Page 122 of 168
29. What is the minimum age of criminal constitutes trafficking in person (Section
responsibility? 4 [f] of RA No. 9208). The means to
a. a} fifteen (15) years old or under commit trafficking in person such as
b. nine (9) years old or under taking advantage of the vulnerability of
c. above nine (9) years old and the victim, fraud etc. can be dispensed
under fifteen (15) who acted with with since the trafficking is qualified
discernment when trafficked person is a child or when
d. above fifteen (15) years old the adoption is effected through Inter-
and under eighteen (18) who Country Adoption Act of and said
acted with discernment adoption is for the purpose of
prostitution (Section 6 [a] and [b]).
SUGGESTED ANSWER:
31. What crime is committed when a
D. a child above fifteen (15) years but mother kills the three-day old child of
below eighteen (18) years of age shall be her husband with their daughter?
exempt from criminal liability unless a. parricide;
he/she has acted with discernment b. infanticide;
(Section 6 of RA No. 9344). c. murder;
d. homicide.
30. When the adoption of a child is effected
under the Inter-Country Adoption Act SUGGESTED ANSWER:
for the purpose of prostitution, what is
the proper charge against the offender C. The crime committed is not
who is a public officer in relation to the infanticide since the victim killed I not
exploitative purpose? less than three days of age. As the child
a. acts that promote trafficking in of her daughter, the baby is the
persons; illegitimate grandchild of the offender.
b. trafficking in persons; Killing her illegitimate grandchild is not
c. qualified trafficking in parricide. However, killing of a three-day
persons; old baby constitutes murder qualified by
d. use of trafficked person. treachery.
SUGGESTED ANSWER: 32. When is a crime deemed to have been

committed by a band?
C. Adoption or facilitating the adoption a. When armed men, at least four
of child for the purpose of prostitution (4) in number, take direct part
Page 123 of 168
in the execution of the act c. one (1) year;

constituting the crime. d. three (3) years;
b. When three (3) armed men act
together in the commission of SUGGESTED ANSWER:
the crime.
A.Since the offender was sentenced to
c. When there are four ( 4) armed
term of not more than one year, the
persons, one of whom is a
period of probation shall not exceed two
principal by inducement.
years (Section 14 PD No 968).
d. When there are four (4)
malefactors, one of whom is
34. What is the criminal liability, if any, of a
armed.
mayor who, without being authorized by
law, compels prostitutes residing in his
SUGGESTED ANSWER:
city to go to, and live in, another place
A.There are three elements of band against their will?
under Article 14 (6) of the Revised Penal a. The mayor is criminally liable for
Code, to wit: (1) there must be at least violation of domicile.
four malefactors, (2) at least four of them b. The mayor is criminally liable
are armed (People v. Solamillo, GR No. for expulsion.
123161, June 18, 2003, En Banc), and c. The mayor is criminally liable for
(3) at least four of them take part or grave coercion.
acted together in the commission of d. The mayor incurs no criminal
crime. In People v. Lozano, September liability because he merely
29, 2003, GR Nos. 137370-71, the wants to protect the youth
Supreme Court En Banc stated that the against the indecency of the
four armed persons contemplated in the prostitutes.
circumstance of band must all be

SUGGESTED ANSWER:
principals by direct participation who
acted together in the execution of the
B. the prostitute are not chattels but
acts constituting the crime.
human beings protected by the
constitutional guaranties such as the
33. The period of probation of the offender
provision on liberty of abode. The mayor
sentenced to a term of one (1) year shall
could not even for the most
not exceed:
praiseworthy of motives render the
a. two (2) years;
liberty of the citizen so insecure. No
b. six (6) years;
Page 124 of 168
official, no matter how high, is above the or to stir up the people against
law (Villavicencio v. Lukban, GR No. the lawful authorities.
14639, March 25, 1919). A public officer,
who, not being thereunto authorized by SUGGESTED ANSWER:
law, shall compel persons to charge their

B. the crime of coup d‟etat is a swift
residence, is liable for the crime of
attack accompanied by violence,
expulsion under Article 127 of the
intimidation, threat, strategy or stealth,
Revised Penal Code.
directed against duly constituted
35. How is the crime of coup d'etat authorities of the Republic of the
committed? Philippines, or any military camp or
a. By rising publicly and taking installation, communications network,
arms against the Government for public utilities or other facilities needed
the purpose of depriving the for the exercise and continued
Chief Executive of any of his possession of power, singly or
powers or prerogatives. simultaneously carried out anywhere in
b. When a person holding public the Philippines by any person or
employment undertakes a persons, belonging to the military or
swift attack, accompanied by police or holding any public office of
strategy or stealth, directed employment, with or without civilian
against public utilities or support or participation for the purpose
other facilities needed for the of seizing or diminishing state
exercise and continued participation for the purpose of seizing
possession of power for the or diminishing state power (Article 134-A
purpose of diminishing state of the Revised Penal Code).
power.
36. What is the proper charge against
c. When persons rise publicly and
public officers or employees who, being
tumultuously in order to prevent
in conspiracy with the rebels, failed to
by force the National
resist a rebellion by all means in their
Government from freely
power, or shall continue to discharge
exercising its function.
the duties of their offices under the
d. When persons circulate
control of the rebels, or shall accept
scurrilous libels against the
appointment to office under them?
Government which tend to
a. disloyalty of public officers or
instigate others to meet together
employees;
Page 125 of 168
b. rebellion; d. unlawful use of means of

c. conspiracy to commit rebellion; publication or unlawful
d. dereliction of duty. utterances.
B. The crime of disloyalty of public B. Depriving Congress of its legislative

officers is committed by oublic officers powers is an object of rebellion. Hence,
who have failed to reist a rebellion by all inciting others to attain the purpose of
the mean in their power, or shall rebellion by means of speeches or
continue to discharge the duties of their writing constitutes inciting to rebellion.
offices under them (Article 137 of the
Revised Penal Code). However, the public ALTERNATIVE ANSWER:
officer who performs any of the acts of

D. Inciting to sedition is committed by
disloyalty should not be in conspiracy
person who, without taking any direct
with the rebels; otherwise, he will be
part in the crime of sedition, should
guilty of rebellion, not merely disloyalty,
incite others to the accomplishment of
because in conspiracy, the act of one is
any of the acts which constitute
the act of all (The Revised Penal Code by
sedition, by means of speeches or
CA Justice Luis Reyes). Since in the
writings (Article 142). To commit
facts given, the public officers performed
inciting to sedition, the offender must
acts of disloyalty in conspiracy with the
incite others to rise publicly and
rebels, the crime committed is rebellion.
tumultuously in order to attain any of
37. What is the proper charge against a the ends of sedition (People v. Arrogante,
person who, without taking arms or 39 O.G. 1974). In sum, the offender must
being in open hostility against the incite others not only to accomplish any
Government, shall incite others to purposes of sedition (such as preventing
deprive Congress of its legislative the national government or public officer
powers, by means of speeches or form freely exercising its or his function)
writings? but likewise to perform the acts of
a. inciting to sedition; sedition (arising publicly and
b. inciting to rebellion or tumultuously). N the facts given, the
insurrection; person, who merely incited others to
c. crime against legislative body; accomplish a sedition purpose, is not
Page 126 of 168
committing inciting to sedition. Hence, intimidation to prevent member of

“a” is not the answer. Congress from attending its meeting.
Hence, “c” is not the answer.
Inciting to rebellion or insurrection is
committed by a person who, without Unlawful use of means of publication or
taking arms or being in open hostility unlawful utterances is committed by a
against the Government, shall incite person who by speeches or other means
others to the execution of any of the of publication, shall encourage
acts specified in Article 134 of the disobedience to the constituted
Revised Penal Code by means of authorities (Article 154). Inciting others
speeches or writing (Article 138). The to deprive Congress of its legislative
clause “shall incite others to the power constitutes unlawful utterances.
execution of any of the acts specified in Hence, “d” is the answer.
Article 134” means that the offender
shall incite to rise publicly and take up 38. What is the crime committed when a
arms against the government for any of group of persons entered the municipal
the purposes of rebellion (The Revised building rising publicly and taking up
Penal Code by CA Justice Luis Reyes). To arms in pursuance of the movement to
be held liable for inciting to rebellion, prevent exercise of governmental
the offender must incite other not only authority with respect to the residents
to accomplish any purposes of rebellion of the municipality concerned for the
(such as depriving legislature of its purpose of effecting changes in the
power) but likewise to perform the acts manner of governance and removing
of rebellion (rising publicly and taking up such locality under their control from
arms against the government). in the allegiance to the laws of the
facts given, the person, who merely Government?
incited others to accomplish a rebellion a. sedition;
purpose, is not committing inciting to b. coup d'etat;
rebellion. Hence, “b” is not the answer. c. insurrection;

d. public disorder.
Preventing the meeting of Congress
through force or fraud constitutes the SUGGESTED ANSWER:
crime against popular representation

B. The term “insurrection” is more
(Article 143). In the facts given, the
commonly employed in reference to a
person did not employ fraud or
movement which seeks merely to effect
Page 127 of 168
some change of minor importance or to any of the objectives of rebellion

prevent the exercise of government or sedition.
authority with respect to particular d. The disturbance shall be deemed
matters or subjects (The Revised Penal tumultuous when at least four
Code by Justice Luis Reyes). (4) persons participate in a free-
Insurrection is punishable under Article for-all-fight assaulting each
134 of the Revised Penal Code. In the other in a confused and
facts given, this crime is committed tumultuous manner.
since there is a public uprising and
taking up arms against the government SUGGESTED ANSWER:
for purpose of removing the locality

A.The disturbance of public order shall
under the control of the offenders from
be deemed to be tumultuous if caused by
the allegiance to the laws of the
more than three persons who are armed
government (See: People v. Almazan, 37
or provided with means of violence
O.G. 1937; Reyes).
(Article 153 of the Revised Penal Code).
39. When is a disturbance of public order

deemed to be tumultuous?
police officer who, while Congress was
a. The disturbance shall be
in session, arrested a member thereof
deemed tumultuous if caused
for committing a crime punishable by a
by more than three (3) persons
penalty higher than prision mayor?
who are armed or provided
a. The police officer is criminally
with means of violence.
liable for violation of
b. The disturbance shall be deemed
parliamentary immunity
tumultuous when a person
because a member of Congress
causes a serious disturbance in
is privileged from arrest while
a public place or disturbs public
Congress is in session.
performance, function or
b. The police officer is criminally
gathering.
liable for disturbance of
c. The disturbance shall be deemed
proceedings because the arrest
tumultuous when more than
was made while Congress was in
three (3) persons make any
session.
outcry tending to incite rebellion
c. The police officer incurs no
or sedition or shout subversive
criminal liability because the
or provocative words to obtain
member of Congress has
Page 128 of 168
committed a crime punishable implication modifies Article 145 of the

by a penalty higher than Revised Penal Code in the sense that an
prision mayor. arrest of a member of Congress for a
d. The police officer is criminally crime punishable by a penalty of more
liable for violation of than prision correccional (six years of
parliamentary immunity imprisonment) is not constitutive of the
because parliamentary crime of violation of parliamentary
immunity guarantees a member immunity.]
of Congress complete freedom of
expression without fear of being 41. What is the proper charge against a
arrested while in regular or group of four persons who, without
special session. public. uprising, employ force to prevent

the holding of any popular election?
SUGGESTED ANSWER: a. sedition;
b. disturbance of public order;
C. Violation of parliamentary immunity I c. grave coercion;
committed by public officer who shall, d. direct assault.
while the Congress is in regular or
special session, arrest any member SUGGESTED ANSWER:
thereof, except in case such member has
committed a crime by a penalty higher D. Any person or persons who, without a
than prision mayor (Article 145 of the public uprising, shall employ force or
Revised Penal Code). intimidation for the attainment of any of

the purposes enumerated in defining the
[Note: While Article 145 protects crimes of rebellion and sedition, is liable
legislators from arrest for offense for the crime of direct assaults (Article
punishable by not more than prision 148 of the Revised Penal Code). The first
mayor (twelve years of imprisonment], mode of direct assault is tantamount to
the 1987 Constitution protects rebellion or sedition, without the
legislators from arrest for offense element of public uprising (People v.
punishable by not more than six years of Recto, GR No. 129069, October 17,
imprisonment. In Matinez v. Morfe, 44 2001, En Banc). If the offender
SCRA 22, it was held that “Article 145 prevented by force the holding of a
could not enlarge the immunity enjoyed popular election in certain precincts,
by legislators under the Constitution.” without public uprising, he may be held
Thus, the 1987 Constitute by liable for direct assault of the first form
Page 129 of 168
(Clarin v. Justice of Peace, GR No. L- together with other Filipino girls (People
7661, April 30, 1955). v. Adlawan, supra).
42. Which of the following circumstances 43. What is the crime committed by a
may be appreciated as aggravating in public officer who discloses to the
the crime of treason? representative of a foreign nation the
a. cruelty and ignominy; contents of the articles, data or
b. evident premeditation; information of a confidential nature
c. superior strength; relative to the defense of the Philippine
d. treachery. archipelago which he has in his
possession by reason of the public office
SUGGESTED ANSWER: he holds?
a. espionage;
A.Treachery and abuse of superior
b. disloyalty;
strength are by their nature, inherent in
c. treason;
the offense of treason and may not be
d. violation of neutrality.
taken to aggravate the penalty (People v.
Adlawan, GR No. L-456, March 29, 1949). SUGGESTED ANSWER:
Evident premeditation is inherent in
treason because adherence and the A.Espionage is committed by public
giving of aid and comfort to the enemy officer, who is in possession, by reason
is a long continued process requiring of the public office he holds, of the
comfort to the enemy is a long articles, data, or information of a
continued process requiring for the confidential nature relative to the
successful consummation of the traitor‟s defense of the Philippine Archipelago,
purpose a fixed, reflective and persistent discloses their contents to a
determination and planning (People v. representative of a foreign nation
Racaza, GR No. L-365, January 21, (Article 117 of the Revised Penal Code).
1949). However, cruelty may be
appreciated in treason by deliberately 44. A foreigner residing in Hong Kong
augmenting the wrong by being counterfeits a twenty-peso bill issued by
unnecessarily cruel to captured guerrilla the Philippine Government. May the
suspects, subjecting them to death and foreigner be prosecuted before a civil
ignominy by arresting and maltreating a court in the Philippines?
guerrilla suspect and then stripping his a. No. The provisions of the Revised
wife of her clothes and then abusing her Penal Code are enforceable only
Page 130 of 168
within the Philippine because the first element is that

Archipelago. the offender owes allegiance to
b. No. The Philippine Criminal Law the Government of the
is binding only on persons who Philippines.
reside or sojourn in the b. No. The offender in the crime of
Philippines. treason is either a Filipino
c. No. Foreigners residing outside citizen or a foreigner married to
the jurisdiction of the a Filipino citizen, whether
Philippines are exempted from residing in the Philippines or
the operation of the Philippine elsewhere, who adheres to the
Criminal Law. enemies of the Philippines,
d. Yes. The provisions of the giving them aid or comfort.
Revised Penal Code are c. No. The offender in the crime
enforceable · also outside the of treason is either a Filipino
jurisdiction of the Philippines citizen or an alien residing in
against those who should forge the Philippines because while
or counterfeit currency notes permanent allegiance is owed
of the Philippines or by the alien to his own
obligations and securities country, he owes a temporary
issued by the Government of allegiance to the Philippines
the Philippines. where he resides.
d. Yes. It is not possible for an
SUGGESTED ANSWER: alien, whether residing in the
Philippines or elsewhere, to
D. The provision of the Revised Penal
commit the crime of treason
Code shall be enforced outside the
because he owes allegiance to
jurisdiction of the Philippines against
his own country.
those who should forge or counterfeit
any Philippine currency note or SUGGESTED ANSWER:
obligations and securities issued by the
government (Article 22). C. A foreigner owes temporary allegiance
to the government of the place wherein
45. Can the crime of treason be committed he reside in return for the protection he
only by a Filipino citizen? receives. Such temporary allegiance
a. Yes. The offender in the crime of continues during the period of hi
treason is a Filipino citizen only
Page 131 of 168
residence. If an alien, while residing in a lability for physical injuries (Article 235
foreign country, does an act, which of the Revised Penal Code).
would amount to treason if committed
by a citizen of that country, he will be ALTERNATIVE ANSWER:
held liable for treason (52 Am Jur 797).

B. Maltreatment must relate to the
Furthermore, Article 114 of the Revised
correction or handling of a prisoner
Penal Code punishes resident alien for
under his charge or must be for the
committing treason.
purpose of extorting a confession, or of
46. A jailer inflicted injury on the prisoner obtaining some information form the
because of his personal grudge against prisoner. A jailer who inflicted injuries
the latter. The injury caused illness of on the prisoner because of personal
the prisoner for more than thirty (30) grudge against him is liable for physical
days. What is the proper charge against injuries only (People v. Javier, CA, 54 OG
the jailer? 6622; RPC by Luis Reyes). Maltreatment
a. The jailer should be charged of prisoner is a crime committed by a
with maltreatment of prisoner public officer. If the public officer
and serious physical injuries. committed the act in his private
b. The jailer should be charged capacity, this crime is not committed.
with serious physical injuries

47. AA was convicted of proposal to commit
only.
treason. Under Article 115 of the
c. The jailer should be charged
Revised Penal Code, proposal to commit
with complex crime of
treason shall be punished by prision
maltreatment of prisoner with
correccional and a fine not exceeding
serious physical injuries.
P5,000.00. Is the Indeterminate
d. The jailer should be charged
Sentence Law applicable to AA?
with maltreatment of prisoner
a. Yes. The Indeterminate Sentence
only.
Law is applicable to AA because
SUGGESTED ANSWER: the maximum of prision

correccional exceeds one ( 1)
A.Maltreatment of prisoner is committed year.
since the victim maltreated I under the b. Yes. The Indeterminate Sentence
charge of the offender. The offender Law is applicable to AA because
shall be punished for maltreatment of there is no showing that he is a
prisoner in addition to his criminal habitual delinquent.
Page 132 of 168
c. No. The Indeterminate Sentence SUGGESTED ANSWER:

Law is not applicable to AA
considering the penalty B. Betrayal of trust is committed by an
imposable for the offense of attorney-at-law who, by any malicious
which he was convicted. breach of professional duty or of
d. No. The Indeterminate inexcusable negligence, shall reveal any
Sentence Law is not applicable of the secrets of his client learned by
considering the offense of him in his professional capacity (Article
which he was convicted. 209 of the Revised Penal Code).
SUGGESTED ANSWER: 49. AB was driving a van along a highway.

Because of her recklessness, the van hit
D. the Indeterminate Sentence Law shall a car which had already entered the
not apply to persons convicted of intersection. As a result, CD who was
proposal to commit treason (Section 2 of driving the car suffered physical
the Indeterminate Sentence Law). Thus, injuries, while damage to his car
AA is not entitled to the benefits of amounted to P8,500.00. What is the
Indeterminate sentence because of the proper charge against AB?
offense that he was convicted of. a. AB should be charged with
complex crime of reckless
48. What is the proper charge against a imprudence resulting in damage
lawyer who reveals the secrets of his to property with slight physical
client learned by him in his professional injuries.
capacity? b. AB should .be charged with
a. The lawyer should be charged reckless imprudence resulting
with revelation of secrets of in slight physical injuries and
private individual. reckless imprudence resulting
b. The lawyer should be charged in damage to property.
with betrayal of trust. c. AB should be charged with
c. The lawyer should be charged complex crime of slight physical
with unauthorized revelation of injuries with damage to
classified materials. property.
d. The proper charge against the d. AB should be charged with slight
lawyer should be revealing physical injuries and reckless
secrets with abuse of office.
Page 133 of 168
imprudence resulting in damage imprudent or negligent act that, if

to property. intentionally done, would be punishable
as a felony. The law penalizes thus the
SUGGESTED ANSWER: negligent or careless act, not the result
thereof. The gravity of the consequence
B. Under Article 48 of the Revised Penal
is only taken into account to determine
Code, there is a compound crime when a
the penalty. It does not qualify the
single act constitutes two or more grave
substance of the offense. And, as the
or less grave felonies. Reckless
acreless act is single, whether the
imprudence resulting in slight physical
injurious result should affect one person
injuries is a light felony; hence, resulting
or several persons, the offense criminal
in slight physical injuries is a slight
negligence remains one and the same,
felony; hence, AB should not be charged
and cannot be split into different crimes
with a complex crime since a light
and prosecutions.‟]
felony could not be made a component
thereof. AB should be charged separately 50. What crime is committed by one who,
with reckless imprudence resulting in having received money, goods or any
damage to property and reckless other personal property in trust or on
imprudence resulting in slight physical commission, or for administration,
injuries (People v. Turla, 50 Phil. 1001) defrauds the offended party by denying
receipt of such money, goods or other
[Note: The principle in Turla case
property?
contradicts the latest ruling of the
a. He commits violation of the
Supreme Court in Ivler v. Modesto-San
Trust Receipt Law.
Pedro, GR No. 172716, November 17,
b. He commits estafa through
2010, where it was ruled that “Reckless
fraudulent means.
imprudence under Article 365 is a single
c. He commits estafa by false
quasi-oofense by itself and not merely a
pretenses.
means to commit other crimes; hence
d. He commits estafa with
conviction or acquittal of such quasi-
unfaithfulness or abuse of
offense bars subsequent prosecution for
confidence.
the same quasi-offense, regardless of its
various consequences. The essence of SUGGESTED ANSWER:
the quasi-offense of criminal negligence
under Article 365 of the Revised Penal D. Estafa is committed by person who
Code lies in the execution of an shall defraud another with
Page 134 of 168
unfaithfulness or abuse of confidence by (Article 156 of the Revised Penal Code).

denying having received money, goods, A person who shall publicly use a
or any other personal property received fictitious name for the purpose of
by the offender in trust or on concealing a crimes commits using
commission, or for administration, or fictitious name (Article 178). Person,
under any other obligation involving the who substituted for a prisoner by taking
duty to make delivery of or to return the his place in jail, is liable for delivering
same (Article 315 of the Revised Penal prisoners from jail because the removal
Code). of the prisoner from jail is by other
means, that is, deceit (The Revised Penal
51. What is the criminal liability, if any, of Code by Luis Reyes). A person, who took
AAA who substitutes for a prisoner the place of another who had been
serving sentence for homicide by taking convicted by final judgment, would not
his place in jail or penal establishment? necessarily use his own name. hence, he
a. AAA is criminally liable for is also guilty of crime of using a
delivering prisoner from jail fictitious name since he used a fictitious
and for using fictitious name. name to conceal the crime of delivering
b. AAA is criminally liable as an prisoners from jail.
accessory of the crime of
homicide by assisting in the 52. A child over fifteen (15) years of age
escape or concealment of the acted with discernment in the
principal of the crime. commission of murder. What is the duty
c. AAA is criminally liable for of the court if he is already over
infidelity in the custody of eighteen (18) years of age at the time of
prisoners. the determination of his guilt for the
d. AAA is criminally liable for offense charged?
misrepresentation or concealing a. The court shall pronounce the
his true name. judgment of conviction.
b. The court shall place the child
SUGGESTED ANSWER: under suspended sentence for
a specified period or until he
A.A person, who shall help the escape of
reaches twenty-one (21) years
person confined in jail or penal
of age.
establishment by means of violence,
c. The court shall discharge the
intimidation, or bribery or other means,
child for disposition measures.
is liable for delivering prisoner from jail
Page 135 of 168
d. The court shall place the child C. under Article 280 of the Revised Penal
on probation. Code, qualified trespass to dwelling is
committed by any private person who
SUGGESTED ANSWER: shall enter the dwelling of another
against the latter‟s will and by means of
B. Section 38 of RA 9344 provides that
violence or intimidation. However, the
suspension of sentence can still be
provisions of Article 280 shall not be
applied even if the child in conflict with
applicable to any person who shall enter
the law is already 18 years of age or
another‟s dwelling for the purpose of
more at the time of the pronouncement
preventing some serious harm to
of his/her guilt. Section 40 of the same
himself.
law limits the said suspension of
sentence until the child reaches that 54. AAA was convicted of theft by a Manila
maximum age of 21 (People v. Mantalba, Court and sentenced to a straight
GR No. 186227, July 20, 2011). penalty of one (1) year of prision
correccional. After serving two (2)
months of the sentence, he was granted
private person who enters the dwelling
conditional pardon by the Chief
of another against the latter's will and
Executive. One of the conditions of the
by means of violence or intimidation for
pardon was for him not to be found
the purpose of preventing some harm to
guilty of any crime punishable by the
himself?
laws of the country. He subsequently
a. The private person is criminally
committed robbery in Pasay City. Can
liable for qualified trespass to
the Manila Court require AAA to serve
dwelling.
the unexpired portion of the original
b. The private person is criminally
sentence?
liable for simple trespass to
a. Yes. The Manila Court has the
dwelling.
authority to recommit AAA to
c. The private person incurs no
serve the unexpired portion of
criminal liability.
the original sentence in addition
d. The private person is criminally
to the penalty for violation of
liable for light threats.
conditional pardon.
b. No. The penalty remitted by the
SUGGESTED ANSWER:
conditional pardon is less than
six (6) years.
Page 136 of 168
c. Yes. The penalty for violation conditional pardon granted to AAA does
of conditional pardon is the not exceed six years, the court cannot
unexpired portion of the require the convict to serve the
punishment in the original unexpired portion of his original
sentence. sentence in addition to the penalty of
d. No. AAA must first be found prision correctional in its minimum
guilty of the subsequent period (See: Revised Penal Code by Luis
offense before he can be Reyes).
prosecuted for violation of
conditional pardon. 55. What is the criminal liability of a person
who knowingly and in any manner aids
SUGGESTED ANSWER: or protects highway robbers/brigands
by giving them information about the
D. AAA must be first found guilty of a movement of the police?
subsequent offense before he can be a. He is criminally liable as
prosecuted for violation of conditional principal by indispensable
pardon. cooperation in the commission of
highway robbery or brigandage.
ALTERNATIVE ANSWER:
b. He is criminally liable as an
accessory of the principal
C. Even if AAA will be found guilty of a
offenders.
subsequent offense, just the same the
c. He is criminally liable as an
court cannot require AAA to serve the
accomplice of the principal
unexpired portion of the original
offenders.
sentence. The penalty for violation of
d. He is criminally liable as
conditional pardon under Article 159 of
principal for aiding and
the Revised Penal Code will depend upon
abetting a band of brigands.
the penalty remitted by the granting of
pardon. The penalty remitted is the
SUGGESTED ANSWER:
unexpired portion of the sentence at the
time the pardon was accepted. If the D. The crime of aiding and abetting a
unexpired portion of the penalty is not band of brigands is committed by a ny
higher than six years, the convict shall person knowingly and in any manner
then suffer penalty of prision acting, abetting or protecting a band of
correctional in its manimum period. brigands as described in the next
Since the penalty remitted by the preceding article, or giving them
Page 137 of 168
information of the movements of the c. GGG should be charged with

police or other peace officers of the complex crime of arson with
Government, when the latter are acting double murder.
in aid of the Government, or acquiring or d. GGG should be charged with
receiving the property taken by such complex crime of double
brigands (Article 307 of the Revised murder.
Penal Code).
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
D. If the main objective of the offender is
C. Articles 306 and 307 of the Revised to kill a particular person who may be in
Penal Code govern brigandage while PD a building or edifice, when fore is
No. 532 highway robbery/brigandage. resorted to as the means to accomplish
Since in the facts given, the persons such goal the crime committed is
protected or aided by the offender are murder only. When the Code declare that
described as highway robbers/brigands, killing committed by means of fire is
the applicable law is PD No. 532 and not murder, it intends that fire should be
Revised Penal Code. Under Section 4 of purposely adopted as a means to that
this Decree, any person who knowingly end. There can be no murder without a
and in any manner aids or protects design to take life. Murder qualified by
“highway robbers/brigands” by giving means of fire absorbs the crime of arson
them information about the movement since the latter is an inherent means to
of police shall be considered as an commit the former (People v. Baluntong,
“accomplice” of the principal offenders GR No. 182061, March 15, 2010; People
and be punished in accordance with the v. Cedenio, GR No. 93485, June 27,
revised Penal Code. 1994). A single act of burning the house
of victims with the main objective of
56. With intent to kill, GGG burned the killing resulting in their deaths resulted
house where F and D were staying. F in the complex crime of double murder
and D died as a consequence. What is committed by means of fire (People v.
the proper charge against GGG? Gaffud, GR No. 168050, September, 19,
a. GGG should be charged with two 2008).
(2) counts of murder.
b. GGG should be charged with 57. RR convinced WW to take a job in
arson. Taiwan, assuring her of a good salary
and entitlement to a yearly vacation.
Page 138 of 168
WW paid to RR the processing fee for processing fee. It was RR‟s

passport and visa, but no receipt was representation and false pretenses that
issued for the payment. WW was made induced WW to part with her money. As
to use the alien certificate of registration a result RR‟s false pretenses and
of another person with a Chinese name misrepresentations, WW suffered
and instructed on how to use the damages as the promised employment
Chinese name. The application of WW abroad never materialized and the
was rejected by the Taiwanese money she paid was never recovered
authorities. Cases were filed against RR (People v. Sy, GR No, 183879, April 14,
for illegal recruitment and estafa. The 2010).
case of illegal recruitment was
dismissed. Is RR liable for estafa? The fact that WW actively participated in
a. RR is liable for estafa with the processing of the illegal travel
unfaithfulness or abuse of documents will nit exculpate RR from
confidence. liability. WW was a helpless victim of
b. RR is liable for estafa by circumstances and of fraud committed
means of false pretenses. by RR. She was forced to take part in the
c. RR is not liable for estafa processing of the falsified travel
because WW participated in the documents because she had already paid
illegal travel documents. the processing fee. RR committed deceit
d. RR can no longer be held liable by representing that she could secure
for estafa because with the WW with employment in Taiwan, the
dismissal of the case against primary consideration that induced the
him for illegal recruitment, latter to part with her money. WW was
double jeopardy has already set led to believe by RR that she possessed
in. the power and qualifications to provide

WW with employment abroad, when, in
SUGGESTED ANSWER: fact, she was not licensed or authorized
to do so. Deceived, WW parted with her
B. RR is liable for estafa by means of money and delivered the same to RR
false pretense. RR misrepresented and (People v. Sy, supra).
falsely pretended that she had the
capacity to deploy WW for employment Illegal recruitment and estafa cases may
in Taiwan. The misrepresentation was be filed simultaneously or separately.
made prior to the payment for The filing of charges for illegal
Page 139 of 168
recruitment does not bar the filing of b. A is criminally liable for robbery
estafa, and vice versa. RR‟s acquittal in with force upon things in an
the illegal recruitment case does not inhabited house because the act
prove that she is not guilty of estafa. was committed in a house
Illegal recruitment and estafa are constituting the dwelling of one
entirely different offenses and neither or more persons.
one necessarily includes or necessarily c. A is criminally liable for grave
included in the other. A person who is coercion because the
convicted of illegal recruitment may, in presumption of intent to gain
addition, be convicted of estafa. In the is rebutted.
same manner, a person acquitted of d. A is criminally liable for qualified
illegal recruitment may be held liable for trespass to dwelling because he
estafa. Double jeopardy will not set in employed violence.
because illegal recruitment is malum
prohibitum, in which there is no SUGGESTED ANSWER:
necessity to prove criminal intent,

C. A is not criminally liable for robbery
whereas estafa is malum in se, in the
since the presumption of intent to gain,
prosecution of which proof of criminal
an element of this crime, is rebutted
intent is necessary (People v. Sy, Supra).
because he took the personal property
58. A entered the house of B. Once inside under a bona fide belief that he owns the
the house of B, A took and seized property (Gaviola v. People, GR No.
personal property by compulsion from B 163927, January 27, 2006). However, A
with the use of violence and force upon is liable for grave coercion because he
things, believing himself to be the owner used violence in seizing the property by
of the personal property so seized. What reason of his mistaken belief that he
is the criminal liability of A? owned it (See: People v. Bautista, CA-GR
a. A is criminally liable for robbery No. 43390, December 17, 1936).
with violence because he

employed violence in the taking
physician who issues a false medical
of the personal property from B,
certificate in connection with the
robbery characterized by
practice of his profession?
violence being graver than
a. The physician is criminally
ordinary robbery committed with
liable for falsification of
force upon things.
medical certificate.
Page 140 of 168
b. The physician is criminally liable less than one (1) month and/or
if the false medical certificate is fine of less than P200.00.
used in court. c. Probation is not applicable
c. The physician incurs no criminal when accused is convicted of
liability if the false medical indirect assault.
certificate is not submitted to d. Probation is not applicable when
the court. accused is convicted of indirect
d. The physician incurs no criminal bribery.
liability if the false medical
certificate does not cause SUGGESTED ANSWER:
prejudice or damage.
C. The benefits of probation hall not be
SUGGESTED ANSWER: extended to those: (a) sentenced to serve

a maximum term of imprisonment of
A.The crime of falsification of medical more than six years; (b) convicted of any
certificate is committed by any offense against the security of the State;
physician who, in connection, with the (c) who have previously been convicted
practice of hi profession, shall issue a by final judgment of an offense punished
false certificate (Article 174). What is by imprisonment of not less than one
criminal under Article 174 is the month and one day and/or a fine of not
issuance of false medical certificate. less than Two Hundred Pesos (Section 9
Submitting the false medical certificate of PD 968). Thus, probation is applicable
to the court or causing prejudice or (1) when the accused is sentences to
damage is not an element of this crime. serve a maximum term of imprisonment
of six years; (2) when the accused have
60. Under which of the following presently (not previously) been convicted
circumstances is probation not by final judgment of an offense punished
applicable? by imprisonment of not less than one (1)
a. Probation is not applicable when month and one day and/or fine of not
the accused is sentenced to less P200; and (3) when the accused is
serve a maximum of six (6) convicted of security or public order.
years. However, probation is not applicable
b. Probation is not applicable when when the accused is convicted of direct
the accused has been convicted assault because this is a crime against
by final judgment of an offense the public order.
punished by imprisonment of
Page 141 of 168
61. What crime is committed by a person fourteen (14) counts of

who, having found a ring, fails to deliver attempted murder.
the same to the owner or to the local c. AA should be charged with four
authorities? (4) counts of murder, fourteen
a. The finder commits theft. (14) counts of serious physical
b. The finder commits injuries and illegal possession of
concealment. firearms.
c. The finder commits qualified d. AA should be charged with
theft. complex crime of murder and
d. The finder commits usurpation attempted murder with illegal
of property. possession of firearms.
A.Theft is committed by a person who, B. Article 48 of the Revised Penal Code

having found lot property shall fail to refers to cases where “a single act
deliver the same to the authorities or to constitutes two or more grave felonies”.
its owner (Article 308 of the Revised A complex (compound) crime refers to
Penal Code). singularity of criminal act (People v.
Pineda, GR No. L-26222, July 21, 1967).
62. At a wake, there were people watching a When one fires his firearm in succession,
game of dice. With treachery and use of killing and wounding several persons,
unlicensed firearms, AA fired the different acts must be considered as
successively several gunshots at their distinct crimes (People v. Remollino, GR
direction. During the shooting, four (4) No. L-14008, September 30, 1960). When
persons were killed and fourteen (14) various victims expire from separate
others were injured and brought to the shots, such acts constitute separate and
hospital for the treatment of gunshot distinct crimes (People v. Tabaco, GR No.
wounds. What should be the proper 100382-1000385, March 19, 1997).
charge against AA?
a. AA should be charged with 63. A, B, C and D are members of the police
multiple murder and attempted department of a municipality.
murder. Conspiring with one another, they
b. AA should be charged with arrested E, without reasonable ground,
four (4) counts of murder and for the purpose of delivering him to the
proper authorities by imputing to E the
Page 142 of 168
crime of bribery. While E was being officer (People v. Alagao, GR No. L-

investigated by A, B, C and D, one of 20721, April 30, 1966, En Banc).
them placed a marked five hundred
peso bill, together with the money taken 64. Felonies are classified according to
from E, to make it appear that E, an manner or mode of execution into
employee of the Office of the Local Civil felonies committed by means of deceit
Registrar, agreed to perform an act not (dolo) and by means of fault (culpa).
constituting a crime in connection with Which of the following causes may not
the performance of E's duties, which give rise to culpable felonies?
was to expedite the issuance of a birth a. Imprudence;
certificate. What is the crime committed b. Malice;
by A, B, C and D? c. Negligence;
a. A, 8, C and D committed d. Lack of foresight.
incriminatory machination
SUGGESTED ANSWER:
through unlawful arrest.
b. A, 8, C and D committed
B. Culpable crime is committed by
intriguing against honor with
means of negligence or imprudence.
unlawful arrest.
Imprudence indicates a deficiency in
c. A, 8, C and D committed slight
action. Negligence indicates a deficiency
illegal detention.
of perception. If a person fails to take
d. A, 8, C and D committed
necessary precaution to avoid injury to
corruption of public official.
person or damage to property, there is
imprudence. If a person fails to pay
SUGGESTED ANSWER:
proper attention and to use due
A.Unlawful arrest was a necessary means diligence in foreseeing the injury or
to commit the crime of incriminatory damage impending to be caused, there is
machinations. The accused had to arrest negligence. Negligence usually involves
the offended party because it was the lack of foresight. Imprudence usually
only way that they could with facility involves lack of skill (The Revised Penal
detain him and, in the process, Code by Justice Luis Reyes).
commingle therewith the marked one

65. Which of the following acts does not
peso bill for purposes of incriminating
constitute estafa or other forms of
him for the crime if corruption of public
swindling?
Page 143 of 168
a. When a person mortgages a real deceit (See: People v. Ganasi, CA 61 OG

property by pretending to be the 3603). Hence, “c” is not the answer.
owner thereof.
b. When a person disposes of the Swindling under Article 316 (a) of RPC is
real property knowing it to be committed by any person who, knowing
encumbered. that the real property is encumbered,
c. When a person wrongfully shall dispose of the same. The law was
takes real property from its taken from Article 455 of the Spanish
lawful possessor to the Penal Code. Although, the words “como
prejudice of the latter. libre” in the Spanish Penal Code, which
d. When a person mortgages real means “free from encumbrance” do not
property while being a surety appear in the English text of RPC,
given in a civil action without nonetheless, the same are deemed
express authority from the incorporated in the RPC (In sum, the
court. offender must dispose the real property

free form encumbrance despite
SUGGESTED ANSWER: knowledge that is encumbered). The
gravamen of the crime is the deposition
C. Swindling under Article 316 of the of legally encumbered real property by
Revised Penal Code is committed by the the offender under the express
owner of any “personal Property” who representation that there is no
shall wrongfully take it from its lawful encumbrance thereon. Hence, for one to
possessor, to the prejudice of the latter. be criminally liable for estafa under the
In the facts giving in choice letter “c”, law, the accused must make an express
what is involved is a real property. representation in the deed of
conveyance that the property sold or
ALTERNATIVE ANSWER:
disposed of is free from any
encumbrance (Naya v. Abing, GR No.
B. Since wrongfully taking real property
146770, February 27, 2003). A person,
from it lawful possessor to the prejudice
who disposes real property knowing it to
of the latter is not covered by paragraph
be encumbered, is not liable for
3 of Article 316, the offense committed
swindling under Article 316 since the
must perforce come within meaning and
element of “express representation of no
intendment of the blanket provision of
encumbrance” is not present. Hence, “b”
first paragraph of Article 318 on other
is the answer.
Page 144 of 168
66. DD, intending to kill EE, peppered the b. The offender commits slander by
latter's bedroom with bullets, but since deed.
the intended victim was not home at c. The offender commits assault.
that time, no harm came to him. What d. The offender commits coercion.
crime is committed?
a. DD committed the crime of SUGGESTED ANSWER:
attempted murder.
A.Maltreatment is committed by an
b. DD committed the crime of
offender, who shall ill-treat another by
attempted homicide.
deed without causing any injury (Article
c. DD committed the crime of
266 of the Revised Penal Code).
impossible crime.
d. DD committed the crime of
68. The baptism of A was solemnized by B,
malicious mischief.
an ecclesiastical minister, in the
absence of C, one of the godparents.
SUGGESTED ANSWER:
Upon request of the mother of A, B
D. In Intod v. CA, GR No. 103119, caused the inclusion of the name of C in
October 21, 1992 – outside the house of the baptismal certificate of A as one of
the victim, accused with intent to kill the godparents and allowed a proxy for
fired at the bedroom, where the victim is C during the baptismal ceremony. What
supposed to be sleeping. No one was in is the criminal liability, if any, of the
the room when the accused fired the ecclesiastical minister?
shots. No one was hit by the gun fire. a. The ecclesiastical minister is
The accused were convicted of criminally liable for falsification
impossible crime. Accused shoot the of baptismal certificate by
place where he thought his victim would causing it to appear that C
be, although in reality, the victim was participated in the baptismal
not present in said place and thus, the ceremony when he did not in
accused failed to accomplish their end fact so participate.
due to it factual impossibility. b. The ecclesiastical minister is

not criminally liable because
67. What crime is committed when a person the insertion of the name of C
ill-treats another by deed without in the baptismal certificate
causing any injury? will not affect the civil status
a. The offender commits of A.
maltreatment.
Page 145 of 168
c. The ecclesiastical minister is not committed by ecclesiastical minister

criminally liable because he is under Article 171 because such
not a public officer, employee or falsification affects the civil status of a
notary. person (See: The Revised Penal Code by
d. The ecclesiastical minister is not Vicente Francisco). Now, parochial
criminally liable because he did documents are now considered private
not take advantage of his official writing (US v. Evangelista, 29 Phil 215),
position nor cause damage to a the falsification of which will not affect
third party. the civil status of a person.
SUGGESTED ANSWER: 69. Is the penalty for impossible crime

applicable to one who attempts to
B. The ecclesiastical minister is not commit a light felony of impossible
criminally liable because the insertion of materialization?
the name of C in the baptismal a. No. The evil intent of the
certificate will not affect the civil status offender cannot be
of A. accomplished.
b. No. An attempt to commit light
Moreover, falsification of document by
felony constitutes an
ecclesiastical is punishable under Article
employment of inadequate or
171 of the Revised Penal Code. In case
ineffectual means.
the offender is an ecclesiastical minister,
c. No. The penalty for
the act of falsification I committed with
consummated light felony is
respect to any record or document of
less than the penalty for
such character that its falsification may
impossible crime.
affect the civil status of persons (The
d. No. In impossible crime, the act
Revised Penal Code by Luis Reyes).
performed should not constitute
Before the parochial registries of
a violation of another offense.
baptisms were considered as official
books and registers, and the certificates SUGGESTED ANSWER:
taken from those books were considered
as public documents (US v. Orosa, GR C. The penalty for impossible crime I
No. 2916, December 29, 1906). Thus, arresto mayor of a fine from 200 to 500
falsification of parochial document, pesos (Article 59 of the Revised Penal
which is considerd public document, was Code) while the penalty for light felony
constitutive of the crime of falsification is arresto menor or a fine not exceeding
Page 146 of 168
P200 or both. Article 59 should not be allows another to take the funds, or
made applicable to one who attempts to through abandonment or negligence,
commit a light felony of impossible allow such taking. The felony may be
materialization since the penalty for the committed, not only through the
former is graver than that for the latter. misappropriation or the conversion of
It would be unfair to punish a person, public fund or property to one‟s personal
who failed to commit a light felony since use, but also by knowingly allowing
it is impossible to accomplish it, for a others to make use of or misappropriate
graver penalty than that for a person the fund. The felony may thus be
who committed a light felony. committed by dolo or by culpa. The
crime is consummated and the
70. What crime is committed by a public appropriate penalty is imposed
officer who, having control of public regardless of whether the mode of
funds or property by reason of the commission is with intent or due to
duties of his office and for which he is negligence (People v. Pantaleon, Jr., GR
accountable, permits any other person No. 158694-96, March 13, 2009).
through abandonment to take such
public funds or property? 71. AA knowingly and willfully induced BB
a. The public officer commits to swear falsely. BB testified as told in a
malversation. formal hearing of an administrative case
b. The public officer commits under circumstances rendering him
technical malversation. guilty of perjury. Is AA criminally liable?
c. The public officer commits the a. AA is not criminally liable
crime of failure of accountable or because his act constitutes
responsible officer to render subornation of perjury which is
accounts. not expressly penalized in the
d. The public officer commits the Revised Penal Code.
crime of failure to make delivery b. AA is not criminally liable
of public funds or property. because he was not the one who
gave false testimony in the
SUGGESTED ANSWER: administrative case.
c. AA is not criminally liable
A.It is settled that a public officer is
because the witness suborned
liable for malversation even if he does
testified in an administrative
not use public property or funds under
case only.
his custody for his personal benefit, if he
Page 147 of 168
d. AA is criminally liable for a. The proper charge against the

perjury as principal by offender should be murder with
inducement with BB as the the use of motor vehicle.
principal by direct b. The proper charge against the
participation. offender should be qualified
carnapping or carnapping in
SUGGESTED ANSWER: an aggravated form.
c. The proper charge against the
D. Under Act No. 1697, any person who
offender should be carnapping
causes or procures another person to
and homicide.
commit perjury is guilty of subornation
d. The proper charge against the
of perjury. The Revised Penal Code,
offender should be robbery with
which has repealed Act No. 1697, does
homicide.
not expressly penalized subornation of
perjury. However, a suborner, who SUGGESTED ANSWER:
causes or procure another person to
commit perjury, is guilty as principal by B. The last clause of Section 14 of RA
inducement. In People v. Pudol, GR No. No. 6539 as amended by RA No, 7659
45618, October 18, 1938 – The fact that provides: “the penalty of reclusion
subornation of perjury is not expressly perpetua to death shall be imposed when
penalized in the Revised Penal Code the owner, driver or occupant of the
does not mean that the direct induction carnapped motor vehicle is killed or
of a person by another to commit raped in the course of the commission of
perjury has ceased to be a crime, the carnapping or on the occasion
because said crime is fully within the thereof.” The amendment clarifies the
scope of that defined in Article 17 (2), of intention of the law to make the offense
the said Code. a special complex crime, in the same
way that robbery with homicide. As
72. What should be the proper charge such, the killing merely qualifies the
against an offender who unlawfully took crime of carnapping which for lack of
and carried away a motor vehicle specific nomenclature in an aggravated
belonging to another without the latter's form (People v. Mejia, GR No. 118940-41
consent, killing the driver in the and GR No. 119407, July 7, 1997).
process?
73. Conspiracy to commit felony is
punishable only in cases in which the
Page 148 of 168
law specifically provides a penalty a. AAA committed the complex

therefor. Under which of the following crime of arson with multiple
instances are the conspirators not homicide.
liable? b. AAA committed arson and
a. Conspiracy to commit arson. multiple homicide.
b. Conspiracy to commit terrorism. c. AAA committed simple arson.
c. Conspiracy to commit child d. AAA committed arson and
pornography. multiple murder.
d. Conspiracy to commit
trafficking in persons. SUGGESTED ANSWER:
SUGGESTED ANSWER: C. If the main objective of the offender is

the burning of the building or office, but
D. Conspirators are liable for conspiracy death results by reason or on the
to commit arson (Section 7 of PD No. occasion of arson, the crime is simply
1613), conspiracy to commit terrorism arson, and the resulting homicide is
(Section 4 of RA No. 9372) and absorbed (People v. Baluntog, GR No.
conspiracy to commit child pornography 182061, March 15, 2010; People v.
(Section [K] of RA No. 9775) because the Cedenio, GR No. 93485, June 27, 1994).
law provides penalty thereof. However,
conspirators are not liable for conspiracy 75. What crime is committed by a utility
to commit trafficking in persons because worker in government who destroys
RA No. 9208 has not provided a penalty office files as an act of revenge against
for it. his supervisor?

a. The utility worker commits
74. With intent to cause damage, AAA infidelity in the custody of
deliberately set fire upon the two-storey papers.
residential house of his employer, b. The utility worker commits
mostly made of wooden materials. The malicious mischief.
blaze spread and gutted down seven c. The utility worker commits
neighboring houses. On the occasion of estafa by removing, concealing
the fire, six (6) persons sustained burn or destroying office files.
injuries which were the direct cause of d. The utility worker commits crime
their death. What crime was committed involving destruction.
by AAA?
SUGGESTED ANSWER:
Page 149 of 168
B. The crime of infidelity in the custody (A) mother-in-law and daughter-in-

of paper under Article 226 of the Revised law.
Penal Code is not committed since the
files are not officially entrusted to the (B) adopted son and legitimate
government utility worker by reason of natural daughter.
his office. Official custody of the paper is

(C) aunt and nephew.
an element of this crime. Estafa by
destroying office files under Article 315
(D) stepfather and stepson.
(3) (c) is not committed because of this
crime, is lacking. Thus, the crime (3) Arthur, Ben, and Cesar quarreled with
committed by the utility worker is Glen while they were at the latter’s house.
malicious mischief. Enraged, Arthur repeatedly stabbed Glen
while Ben and Cesar pinned his arms.
2011 Criminal Law Exam What aggravating circumstance if any
MCQ (November 20, 2011) attended the killing of Glen?
(A) Evident premeditation.

(1) Isabel, a housemaid, broke into a
pawnshop intent on stealing items of
(B) None.
jewelry in it. She found, however, that the
jewelry were in a locked chest. Unable to (C) Abuse of superior strength.
open it, she took the chest out of the shop.
What crime did she commit? (D) Treachery.
(A) Robbery in an uninhabited (4) The presence of a mitigating

place or in a private building circumstance in a crime
(B) Theft (A) increases the penalty to its

maximum period.
(C) Robbery in an inhabited house
or public building. (B) changes the gravity of the
offense.
(D) Qualified theft
(C) affects the imposable penalty,
(2) The alternative circumstance of depending on other modifying
relationship shall NOT be considered circumstances.
between
Page 150 of 168
(D) automatically reduces the (A) is in the nature of confession

penalty. and avoidance.
(5) He is an accomplice who (B) may be presumed from the

offender’s previous behavior.
(A) agreed to serve as a lookout after
his companions decided to murder (C) may be mitigating if its presence
the victim. becomes apparent subsequent to
the commission of the crime.
(B) watched quietly as the murderer
stabbed his victim. (D) exempts the offender from
criminal liability whatever the
(C) helped the murderer find the circumstances.
victim who was hiding to avoid
detection. (8) Zeno and Primo asked Bert to give them
a sketch of the location of Andy’s house
(D) provided no help, when he can, since they wanted to kill him. Bert agreed
to save the victim from dying. and drew them the sketch. Zeno and Primo
drove to the place and killed Andy. What
(6) Principles of public international law
crime did Bert commit?
exempt certain individuals from the
Generality characteristic of criminal law. (A) Accomplice to murder, since
Who among the following are NOT exempt his cooperation was minimal.
from the Generality rule?
(B) Accessory to murder, since his
(A) Ministers Resident map facilitated the escape of the
two.
(B) Commercial Attache of a
foreign country (C) None, since he took no step to
take part in executing the crime.
(C) Ambassador
(D) Principal to murder, since he

(D) Chiefs of Mission
acted in conspiracy with Zeno and
Primo.
(7) As a modifying circumstance, insanity
(9) A police officer surreptitiously placed a

marijuana stick in a student’s pocket and
Page 151 of 168
then arrested him for possession of (D) not liable since the police
marijuana cigarette. What crime can the operation was an invalid instigation.
police officer be charged with?
(11) Plaintiff X said in his civil complaint for
(A) None, as it is a case of damages that defendant Y, employing
entrapment fraud, convinced him to buy a defective
vehicle. Y filed a criminal action for libel
(B) Unlawful arrest against X for maliciously imputing fraud on
him. Will the action prosper if it turns out
(C) Incriminating an innocent
that the civil complaint for damages was
person
baseless?
(D) Complex crime of

(A) No, since pleadings filed in
incriminating an innocent person
court are absolutely privileged.
with unlawful arrest
(B) No, since malice is not evident.

(10) The police officer in civilian clothes
asked X where he can buy shabu. X (C) Yes, given the fact that the
responded by asking the officer how much imputation of fraud was baseless.
of the drug he needed. When he told him, X
left, returned after a few minutes with the (D) Yes, parties must state the truth
shabu, gave it to the officer, and took his in their pleadings.
money. X is
(12) The maxim "Nullum crimen nula poena
(A) liable for selling since the sine lege" means that
police operation was a valid
entrapment. (A) the act is criminal at the time of
its commission and recognized as
(B) not liable for selling since the such at the time of its commission
police operation was an invalid but the penalty therefor is
entrapment. prescribed in a subsequently
enacted law.
(C) liable for selling since the police
operation was a valid form of (B) the act is criminal and punished
instigation. under and pursuant to common
law.
Page 152 of 168
(C) there is a crime for as long as the (B) battered woman syndrome, a
act is inherently evil. complete self-defense.
(D) crime is a product of the law. (C) incomplete self-defense.
(13) X, a tabloid columnist, wrote an article (D) mitigating passion and

describing Y, a public official, as stupid, obfuscation.
corrupt, and having amassed ill-gotten
wealth. X relied on a source from Y's own (15) There is violation of Art. 316, RPC
office who fed him the information. Did X (Other forms of Swindling) where
commit libel?
(A) the owner of property sells a
(A) Yes, since the article was property and subsequently rescinds
libelous and inconsistent with the sale.
good faith and reasonable care.

(B) the real property subject of the
(B) No, since X but made a fair sale does not exist.
commentary on a matter of public

(C) the property was mortgaged for a
interest.
usurious contract of loan.
(C) No, since X’s article constitutes

(D) the owner disposes of his
privileged communication.
encumbered real property as if it
(D) No, since he wrote his article is free from encumbrances.
under the freedom enjoyed by the

(16) X, a police officer, placed a hood on the
press.
head of W, a suspected drug pusher, and
(14) The husband has for a long time watched as Y and Z, police trainees, beat
physically and mentally tortured his wife. up and tortured W to get his confession. X
After one episode of beating, the wife took is liable as
the husband’s gun and shot him dead.

(A) as accomplice in violation of the
Under the circumstances, her act
Anti-Torture Act.
constitutes
(B) a principal in violation of the

(A) mitigating vindication of grave
Anti-Torture Act.
offense.
Page 153 of 168
(C) a principal in violation of the decriminalized, a pending case charging the

Anti-Hazing Law. accused of the repealed crime is to be
(D) an accomplice in violation of the (A) prosecuted still since the charge
Anti-Hazing Law. was valid when filed.
(17) Dr. Chow, a government doctor, failed (B) dismissed without any
to submit his Daily Time Record (DTR) from precondition.
January to March 2000 and did not get
approval of his sick leave application for (C) dismissed provided the accused
April because of evidence that he was is not a habitual delinquent.
actually moonlighting elsewhere. Thus, the

(D) prosecuted still since the
medical Director caused the withholding of
offended party has a vested interest
his salary for the periods in question until
in the repealed law.
he submitted his DTRs in May 2000. Can
Dr. Chow prosecute the medical director for
(19) In malversation of public funds, the
causing him undue injury in violation of the
offender’s return of the amount malversed
Anti-Graft and Corrupt Practices Act?
has the following effect
(A) Yes, since the medical Director

(A) It is exculpatory.
acted with evident bad faith.
(B) It is inculpatory, an admission of

(B) No, since the medical director
the commission of the crime.
has full discretion in releasing the
salary of government doctors. (C) The imposable penalty will
depend on what was not returned.
(C) Yes, since his salary was
withheld without prior hearing. (D) It is mitigating.
(D) No, since Dr. Chow brought it (20) The exchanges of highly offensive
upon himself, having failed to words between two quarrelling women in
submit the required DTRs. the presence of a crowd of people constitute
(18) When a penal law is absolutely (A) one count of grave slander
repealed such that the offense is against the woman who uttered the
more insulting expressions.
Page 154 of 168
(B) grave slander against the woman a physical defect must prove that such
who started it and light slander defect restricted his freedom of action and
against the other woman. understanding. This proof is not required
where the physical defect consists of
(C) two separate counts of light
slander, one for each woman. (A) a severed right hand.
(D) two separate counts of grave (B) complete blindness.

slander, one against each of them.
(C) being deaf mute and dumb.
(21) Any person who, having found lost
property, shall fail to deliver the same to (D) a severed leg.
the local authorities or to its owner is liable

(24) An extenuating circumstance, which
for
has the same effect as a mitigating
(A) occupation or usurpation of circumstance, is exemplified by
personal property.
(A) the mother killing her 2-day
(B) civil damages only. old child to conceal her dishonor.
(C) theft. (B) the accused committing theft out

of extreme poverty.
(D) other deceits.
(C) the accused raping his victim in
(22) A crime resulting from negligence, extreme state of passion.
reckless imprudence, lack of foresight or
lack of skill is called (D) the accused surrendering the
weapon he used in his crime to the
(A) dolo. authorities.
(B) culpa. (25) Three men gave Arnold fist blows and
kicks causing him to fall. As they
(C) tortious crimes. surrounded and continued hitting him, he
grabbed a knife he had in his pocket and
(D) quasi delict.
stabbed one of the men straight to the
heart. What crime did Arnold commit?
(23) To mitigate his liability for inflicting
physical injury to another, an accused with
Page 155 of 168
(A) Homicide with incomplete self- (D) Accomplice to robbery since his
defense, since he could have run role in the crime was minimal.
from his aggressors.
(27) X, a court employee, wrote the
(B) Homicide, since he knew that presiding judge a letter, imputing to Y, also
stabbing a person in the heart is a court employee, the act of receiving an
fatal. expensive gift from one of the parties in a
pending case. Because of this, Y accused X
(C) Homicide mitigated by of libel. Does Y need to prove the element of
incomplete self-defense, since malice in the case?
stabbing a person to the heart is
excessive. (A) No, since malice is self-evident in
the letter.
(D) No crime, since he needed to
repel the aggression, employing (B) Yes, malice is not presumed
reasonable means for doing so. since X wrote the letter to the
presiding judge who has a duty to
(26) A, B, and C agreed to rob a house of its act on what it states.
cash. A and B entered the house while C
remained outside as lookout. After getting (C) No, since malice is presumed
the cash, A and B decided to set the house with respect to defamatory
on fire to destroy any evidence of their imputations.
presence. What crime or crimes did C
commit? (D) Yes, since malice is not
presumed in libel.
(A) Robbery and arson since arson
took place as an incident of the (28) X killed B, mistakenly believing that
robbery. she was his wife, upon surprising her

having sex with another man in a motel
(B) Robbery and arson since C took room. What is the criminal liability of X?
no step to stop the arson.
(A) None since he killed her under
(C) Just for robbery since he only exceptional circumstances.
agreed to it and served as
lookout. (B) None since he acted under a
mistake of fact.
Page 156 of 168
(C) Parricide. (C) Debbie is not a dweller of the

house.
(D) Homicide.
(D) Belen, whom Debbie maligned,
(29) X draws a check upon request of Y, the also dwells in the house.
payee, who told X that he would merely
show the check to his creditor to gain more (31) It is a matter of judicial knowledge that
time to pay his account. The check bounced certain individuals will kill others or
upon presentation by the creditor. Under commit serious offenses for no reason at
the circumstances, who can be prosecuted all. For this reason,
for estafa based on the dishonored check?
(A) lack of motive can result in
(A) Y as the one who negotiated conviction where the crime and
the check contrary to the the accused's part in it are shown.
agreement
(B) motive is material only where
(B) X as the drawer of the check there is no evidence of criminal
intent.
(C) Both X and Y based on
conspiracy (C) lack of motive precludes
conviction.
(D) None
(D) the motive of an offender is
(30) Ana visited her daughter Belen who absolutely immaterial.
worked as Caloy’s housemaid. Caloy was
not at home but Debbie, a casual visitor in (32) Minority is a privileged mitigating
the house, verbally maligned Belen in Ana’s circumstance which operates to reduce the
presence. Irked, Ana assaulted Debbie. penalty by a degree where the child is
Under the circumstances, dwelling is NOT
regarded as aggravating because (A) 15 years and below acting
without discernment.
(A) Dwelling did nothing to provoke
Ana into assaulting Debbie. (B) above 15 years but below 18
acting without discernment.
(B) Caloy, the owner of the house,
was not present. (C) below 18 years acting with
discernment.
Page 157 of 168
(D) 18 years old at the time of the (35) Which among the following
commission of the crime acting with circumstances do NOT qualify the crime of
discernment. kidnapping?
(33) The crime of robbery in an inhabited (A) The victim is killed as a

house or public building is mitigated when consequence of the detention.
the offenders
(B) The offender is a public
(A) entered the house using false officer.
keys.
(C) Ransom is demanded.
(B) although armed did not fire their
weapons. (D) The victim is raped.
(C) entered through a window (36) Removing, concealing or destroying
without breaking it. documents to defraud another constitutes

the crime of estafa if committed by
(D) although armed took property
valued at only P200. (A) any public officer.
(34) A private person who assists the (B) a public officer officially
escape of a person who committed robbery entrusted with the document.
shall be liable
(C) private individuals who executed
(A) as a principal to the crime of the same.
robbery.
(D) private individuals.
(B) as an accessory to the crime of

(37) Dagami concealed Bugna’s body and
robbery.
the fact that he killed him by setting
(C) as a principal to the crime of Bugna’s house on fire. What crime or
obstruction of justice. crimes did Dagami commit?
(D) as an accessory to the crime of (A) Murder, the arson being
obstruction of justice. absorbed already
Page 158 of 168
(B) Separate crimes of murder and (B) X may plead praetor intentionem
arson since he intended only to scare, not
kill Z.
(C) Arson, the homicide being
absorbed already (C) X may plead aberratio ictus as
he had no intention to hit Z.
(D) Arson with murder as a
compound crime (D) X may plead commission of only
Discharge of Firearm as he had no
(38) Sam wrote a letter to his friends stating intent to kill Z when he fired his
that Judge Odon loves obscene magazines gun.
and keeps these in his desk. Charged with
libel, can Sam present proof that Judge (40) Which of the following statements
Odon indeed loves obscene magazines and constitute Inciting to Sedition?
keeps these in his desk?
(A) Utterance of statements irritating
(A) No, since the imputation is not or obnoxious to the ears of the
related to the duties of a judge. police officers.
(B) No, since Sam does not impute (B) Speeches extolling
a crime to Judge Odon. communism and urging the
people to hold a national strike
(C) No, since Sam imputes the and paralyze commerce and trade.
commission of a crime to Judge
Odon. (C) Leaders of jeepney and bus
associations shouting "Bukas tuloy
(D) Yes, since truth can be a valid ang welga hanggang sa magkagulo
defense in libel. na!"
(39) X, without intent to kill, aimed his gun (D) Speeches calling for resignation
at Z and fired it, hitting the latter who died of high government officials.
as a consequence. Under the circumstances
(41) Culpa can either be a crime by itself or
(A) X cannot plead praetor a mode of committing a crime. Culpa is a
intentionem since the intent to crime by itself in
kill is presumed from the killing
of the victim.
Page 159 of 168
(A) reckless imprudence resulting in (A) No, because the bystanders had
murder. nothing to do with the abandoned
truck on the road.
(B) medical malpractice.
(B) No, because the injury done is
(C) serious physical Injuries thru greater than the evil to be avoided.
reckless imprudence.
(C) Yes, since the instinct of self-
(D) complex crime of reckless preservation takes priority in an
imprudence resulting in serious emergency.
physical injuries.
(D) Yes, since the bystanders should
(42) The mitigating circumstance of have kept off the shoulder of the
immediate vindication of a grave offense road.
cannot be appreciated in a case where
(44) The accused was shocked to discover
(A) Following the killing of his his wife and their driver sleeping in the
adopted brother, P went to the master’s bedroom. Outraged, the accused
place where it happened and got his gun and killed both. Can the
killed S whom he found there. accused claim that he killed the two under
exceptional circumstances?
(B) X kills Y who attempted to rape
X’s wife. (A) No, since the accused had time
to reflect when he got his gun.
(C) P severely maltreats S, a
septuagenarian, prompting the (B) No, since the accused did not
latter to kill him. catch them while having sexual
intercourse.
(D) M killed R who slandered his
wife. (C) Yes, since the wife and their
driver desecrated the marital bed.
(43) To save himself from crashing into an
unlighted truck abandoned on the road, (D) Yes, since the scene shows that
Jose swerved his car to the right towards they had an intimate relationship.
the graveled shoulder, killing two
bystanders. Is he entitled to the justifying (45) The three accused forcibly took their
circumstance of state of necessity? victim from his car but the latter succeeded
Page 160 of 168
in freeing himself from their grip. What mitigating circumstance and

crime did the three accused commit? voluntary surrender as another.
(A) forcible abduction. (47) The aggravating circumstance of

uninhabited place is aggravating in murder
(B) frustrated kidnapping. committed
(C) attempted kidnapping. (A) on a banca far out at sea.
(D) grave coercion. (B) in a house located in cul de sac.
(46) Deeply enraged by his wife’s infidelity, (C) in a dark alley in Tondo.
the husband shot and killed her lover. The
husband subsequently surrendered to the (D) in a partly occupied
police. How will the court appreciate the condominium building.
mitigating circumstances of (i) passion or
obfuscation, (ii) vindication of a grave (48) The penalty of perpetual or temporary
offense, and (iii) voluntary surrender that special disqualification for the exercise of
the husband invoked and proved? the right of suffrage does NOT deprive the
offender of the right
(A) It will appreciate passion or
obfuscation and voluntary (A) to be elected to a public office.
surrender as one mitigating

(B) to vote in any popular election
circumstance and vindication of a
for a public office.
grave offense as another.
(C) to vote in a plebiscite.

(B) It will appreciate all three
mitigating circumstances separately.
(D) to hold any public office.
(C) It will appreciate the three

(49) Without meaning anything, Z
mitigating circumstances only as
happened to stare into the eye of one of four
one.
men hanging out by a store which he
passed. Taking offense, the four mauled
(D) It will appreciate passion or
and robbed him of his wages. Z went home,
obfuscation and vindication of a
took a knife, and stabbed one of his
grave offense as just one
Page 161 of 168
attackers to death. Charged with murder, Z (D) The act which the offender
may raise the mitigating circumstance of agrees to perform or which he
executes is connected with his
(A) praeter intentionem. official duties.
(B) incomplete self-defense preceded (52) Insuperable cause is an exempting

by undue provocation. circumstance which may be applied to
(C) passion or obfuscation. (A) robbery.
(D) complete self-defense. (B) misprision of treason.
(50) A public officer who immediately (C) homicide.

returns the bribe money handed over to
him commits (D) rebellion.
(A) no crime. (53) Which of the following crimes is an

exception to the Territoriality Rule in
(B) attempted bribery. Criminal law?
(C) consummated bribery. (A) Violation of the Trademark Law

committed by an alien in the
(D) frustrated bribery.
Philippines.
(51) Direct bribery is a crime involving

(B) Forgery of US bank notes
moral turpitude. From which of the
committed in the Philippines.
following elements of direct bribery can
moral turpitude be inferred? (C) Crime committed by a Filipino in
the disputed Spratly's Island.
(A) The offender receives a gift by
himself or through another. (D) Plunder committed at his
place of assignment abroad by a
(B) The offender is a public officer.
Philippine public officer.
(C) The offender takes a gift with

(54) X, Y and Z agreed among themselves to
a view to committing a crime in
attack and kill A, a police officer, but they
exchange.
left their home-made guns in their vehicle
Page 162 of 168
before approaching him. What crime have (D) rebellion.

they committed?
(57) Motive is generally IMMATERIAL in
(A) Conspiracy to commit indirect determining criminal liability EXCEPT when
assault.
(A) several offenders committed the
(B) Attempted direct assault. crime but the court wants to
ascertain which of them acted as
(C) Conspiracy to commit direct leader.
assault.
(B) the evidence of the crime
(D) Illegal possession of firearms. consists of both direct and
circumstantial evidence.
(55) On hearing a hospital ward patient on
the next bed, shrieking in pain and begging (C) ascertaining the degree of
to die, Mona shut off the oxygen that was penalty that may be imposed on the
sustaining the patient, resulting in his offender.
death. What crime if any did Mona commit?
(D) the evidence of guilt of the
(A) Homicide. accused is circumstantial.
(B) Murder if she deliberated on (58) Which of the following circumstances of

her action. dishonor of a check can be a basis for
prosecution under the bouncing checks
(C) Giving Assistance to Suicide.
law?
(D) Euthanasia.
(A) The check was returned unpaid
with stamp "stop payment,"
(56) When committed outside the Philippine
although the drawer’s deposit was
territory, our courts DO NOT have
sufficient.
jurisdiction over the crime of
(B) The check, drawn and issued

(A) treason.
in the Philippines, was dishonored
(B) piracy. by the drawee bank in a foreign

country.
(C) espionage.
Page 163 of 168
(C) The check was presented to the (B) the correct penalty for crimes
bank for payment 6 months after committed through reckless
the date of issue. imprudence.
(D) The drawer of the dishonored (C) whether the offender is liable as
check paid its value within 5 days an accomplice.
from notice of dishonor.
(D) what stage of the felony has been
(59) X and his step-father have a long- reached.
standing enmity. One day, irked by an
argument with his step-father, X smashed (61) A child in conflict with the law shall
the windshield of his step-father’s brand enjoy all the rights of a child until
new Audi sports car. X is liable for

(A) he is found to have acted with
(A) malicious mischief. discernment.
(B) malicious mischief with the (B) his minority is setoff by some
alternative mitigating circumstance aggravating circumstance.
of relationship.
(C) he is proved to be 18 years or
(C) malicious mischief with the older.
alternative aggravating
(D) he forfeits such rights by gross
circumstance of relationship.
misconduct and immorality.
(D) RIGHT ANSWER the civil

(62) Mr. P owns a boarding house where he
damage he caused.
knowingly allowed children to be videotaped
(60) The classification of felonies into grave, while simulating explicit sexual activities.
less grave, and light is important in What is Mr. P's criminal liability, if any?
ascertaining
(A) Corruption of minors under the
(A) if certain crimes committed on Penal Code
the same occasion can be

(B) Violation of the Child
complexed.
Pornography Act
(C) Violation of the Child Abuse Law
Page 164 of 168
(D) None (A) This serves as an analogous

mitigating circumstance of
(63) W allowed a man to have sex with her voluntary surrender.
thinking that he was her husband. After
realizing that the man was not her (B) It has no effect at all since the
husband, W stabbed him to death. Under law provides none.
the circumstances, the mitigating
circumstance in attendance constitutes (C) He is considered to have
confessed to murder.
(A) defense of honor.
(D) This serves as aggravating
(B) immediate vindication of a circumstance of concealment of
grave offense. weapon.
(C) passion or obfuscation. (66) A qualifying aggravating circumstance
(D) self-defense. (A) changes the description and

the nature of the offense.
(64) The prescriptive period for bigamy is 15
years counted from the date of the (B) increases the penalty to its next
degree but absorbs all the other
(A) discovery of the second aggravating circumstances.
marriage by the offended spouse.
(C) raises the penalty by two periods
(B) registration of the second higher.
marriage in the Local Civil Registry.
(D) is one which applies only in
(C) celebration or solemnization of conjunction with another
the second marriage. aggravating circumstance.
(D) discovery of the second marriage (67) X inflicted serious injuries on Y.

by the authorities. Because of delay in providing medical
treatment to Y, he died. Is X criminally
(65) After properly waiving his Miranda
liable for the death of Y?
rights, the offender led the police to where
he buried the gun he used in shooting the (A) Yes because the delay did not
victim. How does this affect his liability? break the causal connection
Page 165 of 168
between X's felonious act and the (B) No, since it took too long for
injuries sustained by Y. death to occur.
(B) Yes because any intervening (C) Yes, since E cannot be compelled
cause between the infliction of to undergo medical treatment.
injury and death is immaterial.
(D) Yes, since it was a natural
(C) No because the infliction of result of the injuries X inflicted
injury was not the immediate cause on E.
of the death.
(70) 003-1137-0001 A criminal action for
(D) No because the delay in the rape is extinguished when the offender is
administration of the medical forgiven by
treatment was an intervening cause.
(A) RIGHT ANSWER the offender’s
(68) In an attempted felony, the offender’s wife who herself is the rape victim.
preparatory act
(B) his wife for having raped another
(A) itself constitutes an offense. woman.
(B) must seem connected to the (C) the rape victim’s husband.
intended crime.
(D) the rape victim herself.
(C) must not be connected to the
intended crime. (71) A battered woman claiming self-defense
under the Anti-Violence against Women
(D) requires another act to result and Children must prove that the final
in a felony. acute battering episode was preceded by
(69) X inflicted violent kicks on vital parts of (A) 3 battering episodes.

E's body. E nevertheless was able to flee for
fear of his life. Refusing to undergo (B) 4 battering episodes.
treatment for his injuries, E died 3 days

(C) 5 battering episodes.
later. Is X liable for E’s death?
(D) 2 battering episodes.

(A) No, since kicks on the body
cannot cause death.
Page 166 of 168
(72) A special complex crime is a composite As a case of aberratio ictus, it is punishable

crime as a
(A) made up of 2 or more crimes (A) complex crime proper.

defined in the Penal Code.
(B) special complex crime.
(B) with its own definition and
special penalty provided by the (C) continuing crime.
Penal Code.
(D) compound crime.
(C) with its own definition and

(75) A proposal to commit a felony is
special penalty provided by a special
punishable only when the law specifically
penal law.
provides a penalty for it as in the case of
(D) made up of 2 or more crimes proposal to commit
defined in the Penal Code and

(A) rebellion.
special penal laws.
(B) sedition.
(73) What court has jurisdiction when an
Indonesian crew murders the Filipino
(C) espionage.
captain on board a vessel of Russian
registry while the vessel is anchored outside (D) highway robbery.
the breakwaters of the Manila bay?
References:
(A) The Indonesian court.
 Special Thanks to Sir Patrick
(B) The Russian court. Estillore from the University of the
Cordilleras College of Law (Baguio
(C) The Philippine court.
City) for the 2008 PALS reviewer
(D) Any court that first asserts

jurisdiction over the case.
 Answers to Bar Examination
Questions by the UP LAW COMPLEX
(74) X, intending to kill Y, a store owner,
(2007, 2009, 2010)
fired at Y from the street, but the shot killed
not only Y but also Z who was in the store.
Page 167 of 168
 PHILIPPINE ASSOCIATION OF LAW

SCHOOLS (2008)
 UP LAW Review
 lawphil.net
Page 168 of 168

Crimlaw Bar (2007-2013)

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Criminal Law Q&As (2007-2013) hectorchristopher@yahoo.com faithrollan5@yahoo.

Questions and Suggested Answers

PHILIPPINE BAR EXAMINATIONS 2007-2013

Rollan, Faith Chareen “Pet2x” D.

Salise, Hector Christopher “Jay-Arh” Jr. M.

(University of San Jose-Recoletos School of Law)

ANSWERS TO BAR EXAMINATION QUESTIONS by the

PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)

The authors were inspired by the work of Silliman University’s

Everyone is free to distribute and mass produce copies of this

The answers (views or opinions) presented in this reviewer are

Equal Protection Clause (2013)......................................................................................11

General Principles; Territoriality (2008)…………………………………………….......................11

General Principles; Constitutional Provision Limiting

the Power of Congress to Enact Penal Laws (2012)..............12

Conspiracy vs. Conspiracy to Commit Rebellion

vs. Conspiracy to Commit Murder (2012)............................13

Impossible Crime of Murder (2009)………………….…………………………...................……….13

JUSTIFYING & EXEMPTING CIRCUMSTANCES

Exempting Circumstances (2007)..................................................................................14

Exempting Circumstances; Accessories; Ascendants (2010)...........................................14

Exempting Circumstances; Insanity (2010)....................................................................15

Exempting Circumstances; Insanity; Effect (2010).........................................................15

Justifying Circumstances; Battered Woman Syndrome (2010)........................................16

Mitigating; Voluntary Surrender (2009)..........................................................................17

Privilege Mitigating Circumstance (2012)......................................................................17

Privilege Mitigating Circumstance vs. Ordinary Mitigating Circumstance (2012)............17

Aggravating Circumstances; Dwelling; Nocturnity; Use of Picklock (2009)......................18

Specific Aggravating Circumstance; Use of Unlicensed Firearm (2009)...........................18

PERSONS CRIMINALLY LIABLE FOR FELONIES

Accomplice (2012) ........................................................................................................19

Accomplice vs. Conspirator (2012) ................................................................................20

Accomplice vs. Conspirator (2007).................................................................................22

Anti-Fencing Law; Fencing (2013)..................................................................................22

Anti-Fencing Law; Fencing (2010)..................................................................................24

Anti-Fencing Law; Fencing (2019)..................................................................................24

Criminal Liability; Accessories (2013)............................................................................25

Delito Continuado (2009)...............................................................................................25

Habitual Delinquency (2012)..........................................................................................26

Habitual Delinquency vs. Recidivism (2012)..................................................................26

Heinous Crimes Law (2010)...........................................................................................27

Indeterminate Sentence Law (2012)...............................................................................28

Indeterminate Sentence Law (2007)...............................................................................28

Indeterminate Sentence Law; Homicide (2010)..............................................................29

Indeterminate Sentence Law; Homicide (2009)..............................................................29

Indeterminate Sentence Law; Illegal Possession of Drugs (2009)....................................30

Penalties; Civil Liability (2010)......................................................................................30

Penalties; Homicide (2013)............................................................................................30

Penalties; Perpetual Absolute Disqualification (2007).....................................................31

Penalties; Reclusion Perpetua vs. Life Imprisonment (2009)..........................................32

Probation Law; Period Covered (2009)............................................................................32

Probation Law; Oder Denying Probation (2010)..............................................................33

Suspension of Sentence; Adults/Minors (2013)..............................................................33

Suspension of Sentence; Adults/Minors (2009)..............................................................34

EXTINCTION OF CRIMINAL LIABILITY

Pardon; Effect (2009).....................................................................................................35

Prescription of Crimes; Commence to Run (2010)..........................................................35

Prescription of Crimes; Discovery Rule (2009)...............................................................36

Prescription of Crimes; Interrupted (2010)....................................................................37

Prescription of Crimes; Parricide (2010)........................................................................37

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF

Misprision of Treason (2010).........................................................................................38

Qualified Piracy; Special Complex Crime (2008).............................................................38