Criminal Law - Faqsnuas 2023

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Material includes both cases penned by Justice Hernando and recent

landmark cases decided by the Supreme Court.
COPYRIGHT © 2023
SAN BEDA COLLEGE ALABANG SCHOOL OF LAW
SAN BEDA COLLEGE ALABANG SCHOOL OF LAW CENTRALIZED BAR OPERATIONS 2023
ALL RIGHTS RESERVED BY THE AUTHORS.
I. PRINCIPLES OF CRIMINAL LAW
(REVISED PENAL CODE - BOOK 1)
A. GENERAL PRINCIPLES
Mala in Se and Mala Prohibita
Scope and Characteristics
Generality
Territoriality
Prospectivity
Pro Reo Principle
Ex Post Facto Law
Interpretation of Penal Laws
Retroactive Effect of Penal Laws
B. FELONIES
Criminal Liabilities and Felonies
Classifications of Felonies
Aberratio Ictus, Error In Personae, and Praeter Intentionem
Elements of Criminal Liability
Impossible Crimes
Stages of Execution
Continuing Crimes
Complex Crimes and Composite Crimes
Circumstances Affecting Criminal Liability
Justifying Circumstances
Exempting Circumstances
Mitigating Circumstance
Aggravating Circumstances
Alternative Circumstances
Absolutory Causes
Persons Liable and Degree of Participation
Principals, Accomplices, and Accessories
Conspiracy and Proposal
Multiple Offenders
Recidivism
Habituality
Quasi-Recidivism
Habitual Delinquency
Decree Penalizing Obstruction of Apprehension and
Prosecution of
Criminal Offenders (PD 1829)
I. PRINCIPLES OF CRIMINAL LAW
C. PENALTIES
Imposable Penalties [Include: Act Prohibiting the Imposition of Death
Penalty in the Philippines (RA 9346)]
Classification
Duration and Effects
Application
Subsidiary Imprisonment
Indeterminate Sentence Law (Act No. 4103, as amended)
Graduation of Penalties
Accessory Penalties
D. EXECUTION AND SERVICE OF SENTENCE

Three-fold Rule
Probation Law (P.D. No. 968, as amended)
Juvenile Justice and Welfare Act (R.A. No. 9344, as amended)
An Act Adjusting the Amount or the Value of Property and Damage
on Which a Penalty is Based and the Fines Imposed Under the
Revised Penal Code (RA 10951)
Community Service Act (R.A. No. 11362; A.M. No. 20-06-14-SC)
E. Extinction of Criminal Liability (as amended by R.A. No. 10592)

Republic Act No. No. 10592 (Amendments to Articles 29, 94, 97, 98,
and 99 of the RPC)
F. Civil Liability in Criminal Cases
II. CRIMES UNDER THE REVISED PENAL CODE
A. CRIMES AGAINST NATIONAL SECURITY AND LAWS OF NATIONS

(Arts. 114-123)
1. Anti-Piracy and Anti-Highway Robbery Law of 1974, Presidential
Decree No. 532, [August 8, 1974]
a. Definition of Terms [Sec. 2]
b. Punishable Acts [Sec. 4]
2. The Anti-Terrorism Act of 2020, Republic Act No. 11479, [July 3,
2020], See ATA ruling in Calleja v. Executive Secretary, G.R. No.
252578, et al.)
a. Punishable Acts of Terrorism [Secs. 4-12]
b. Who are Liable [Secs. 3 (l) & (m), 14]
c. Surveillance of Suspects and Interception and Recording of
Communications [Sec. 16]
d. Detention Without Judicial Warrant [Sec. 29]
e. No Torture or Coercion in Investigation and Interrogation [Sec.
33]
B. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE (Arts.

124-133)
1. Anti-Torture Act of 2009, Republic Act No. 9745, [November 10,
2009]
a) Acts of Torture [Sec. 4]
b) Who Are Criminally Liable [Sec. 13]
C. CRIMES AGAINST PUBLIC ORDER (Arts. 134-160)

1. Comprehensive Firearms and Ammunition Regulation Act,
Republic Act No. 10591, [May 29, 2013]
D. CRIMES AGAINST PUBLIC INTEREST (Arts. 161-187)
E. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

1. COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 [R.A. NO.
9165 AS AMENDED BY R.A. NO. 10640; Section 21 of the
Implementing Rules and Regulations (IRR)]
F. CRIMES AGAINST PUBLIC MORALS

1. Anti-Gambling Act (PD 1602, as amended by RA 9287)
a) Definition of Terms [Sec. 2, RA 9287]
b) Punishable Acts [Sec. 3, RA 9287]
G. CRIMES COMMITTED BY PUBLIC OFFICERS (Arts. 203-245)

R.A. 3019, THE ANTI-GRAFT AND CORRUPT PRACTICES ACT, AS
AMENDED
ANTI-PLUNDER ACT, R.A. 7080, AS AMENDED BY R.A. 7659
PROHIBITION OF CHILD MARRIAGE LAW (R.A. 11596)
H. CRIMES AGAINST PERSONS (Arts. 246-266)

1. ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (R.A. 9208, AS
AMENDED BY R.A. 11862)
2. ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF
2004 (R.A. 9262)
3. ANTI-CHILD PORNOGRAPHY ACT OF 2009 (R.A. 9775)
4. SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE,
EXPLOITATION, AND DISCRIMINATION ACT (SECS. 3(A), 5 AND 10, R.A.
NO. 7610)
5. PROHIBITION OF CHILD MARRIAGE LAW (RA 11596)
a) Definition of Terms [Sec. 3]
b) Unlawful Acts [Sec. 4]
c) Public Crimes [Sec. 5]
6. AN ACT PROVIDING FOR STRONGER PROTECTION AGAINST RAPE
AND SEXUAL EXPLOITATION AND ABUSE, INCREASING THE AGE FOR
DETERMINING THE COMMISSION OF STATUTORY RAPE (RA 11648)
160
a) Amendment on Rape [Sec. 1]
b) Amendment on Qualified Seduction [Sec. 2]
I. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY (Arts. 267-292)

1. CYBERCRIME PREVENTION ACT OF 2012 (R.A. NO. 10175)
a) Cybercrime Offenses [Sec. 4]
b) Other Offenses [Sec. 5]
J. CRIMES AGAINST PROPERTY (Articles 293-332)

1. ANTI-FENCING LAW OF 1979 (SECS. 2 TO 6, P.D. NO. 1612)
a) Fencing
(1) Definition [Sec. 2]
(2) Presumption in the crime of fencing
b) Exception
(1) With Clearance or Permit to Sell [Sec. 6]
K. CRIMES AGAINST CHASTITY (Arts. 333-334, 336-346)

1. ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (SECS. 3
AND 4,R.A. NO. 9995)
a) Definition of Terms [Sec. 3]
b) Prohibited Acts [Sec. 4]
2. SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION, AND DISCRIMINATION ACT (RA 7610, as
amended)
a) Child Prostitution and Other Acts of Abuse [Sec. 5, RA 7610,
as amended by RA 11648]
(1) Compare Prosecution for Acts of Lasciviousness Under
Art. 366, RPC, and RA 7610, as amended
L. CRIMES AGAINST THE CIVIL STATUS OF PERSONS (Arts. 347-352)
M. CRIMES AGAINST HONOR (Arts. 353-364)

1. Cybercrime Prevention Act of 2012 (RA 10175)
a) Libel [Sec. 4 (c)(4)]
N. QUASI-OFFENSES (Article 365)
OTHER SPECIAL PENAL LAWS
1. ANTI-CHILD PORNOGRAPHY ACT OF 2009 (SECS. 3[A-C], 4 AND

5, R.A. NO. 9775)
2. ANTI-HAZING ACT OF 2018 (R.A. NO. 8049, AS AMENDED BY R.A.
NO. 11053)
3. ANTI-MONEY LAUNDERING ACT OF 2001 (R.A. NO. 9160)
4. ANTI-WIRE TAPPING ACT (SECS. 1 TO 4, R.A. NO. 4200)
5. BOUNCING CHECKS LAW (B.P. BLG. 22)
6. NEW ANTI-CARNAPPING ACT OF 2016 (SECS. 3 TO 4, R.A. NO.
10883)
7. SWINDLING BY SYNDICATE (P.D. NO. 1689)
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FAQs
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QUESTION. Which of the following crimes is
BOOK I [ARTICLES 1-99 OF THE REVISED
PENAL CODE (RPC)] an exception to the Territoriality Rule in
Criminal law?
(a) Violation of the Trademark Law
General Principles committed by an alien in the
Philippines.
(b) Forgery of US banknotes committed in
Mala In Se and Mala Prohibita the Philippines.
(c) Crime committed by a Filipino in the
QUESTION. Define/distinguish — Mala in se disputed Spratly's Island.
and mala prohibita (2%) (d) Plunder committed at his place of
assignment abroad by a Philippine
SUGGESTED ANSWER: public officer. (2011 Bar Exam)
As for the basis of criminal liability, the moral
fiber or the offender is considered and thus, SUGGESTED ANSWER:
good faith may be interposed as a defense for (d) Plunder committed at his place of
mala in se; the voluntariness of the offender assignment abroad by a Philippine public
is considered and thus, good faith is not a officer.
defense for mala prohibita.
QUESTION. What court has jurisdiction
As for modifying circumstances, the penalty when an Indonesian crew murders the
imposed may be increased or decreased Filipino captain on board a vessel of
depending on the degree of perversity of the Russian registry while the vessel is
offender for mala in se; modifying anchored outside the breakwaters of the
circumstances are not considered since the Manila bay? (2011 Bar Exam)
object of the law is to prevent the (a) The Indonesian court.
commission of the act for mala prohibita (b) The Russian court.
(c) The Philippine court.
As for the degree of participation, the (d) Any court that first asserts
penalty imposed is determined by the degree jurisdiction over the case.
of participation of the offender for mala in
se; the criminal liability of the offender is not SUGGESTED ANSWER:
affected by the degree of participation of the (c) The Philippine Court.
offender and thus, the penalty imposed for
all offenders are the same for mala prohibita QUESTION. Principles of public
international law exempt certain
As for the stage of accomplishment, the individuals from the Generality
penalty imposed depends on whether the characteristic of criminal law. Who among
crime is consummated, frustrated, or the following are NOT exempt from the
attempted for mala in se; the penalty is not Generality rule?
affected since only the consummated stages (a) Ministers Resident
is considered for mala prohibita (Reyes, The (b) Commercial Attache of a foreign
Revised Penal Code, Book 1) country
(c) Ambassador
(d) Chiefs of Mission
Scope and Characteristics
SUGGESTED ANSWER:
Article 2. Application of its provisions (b) Commercial Attache of a foreign country.
QUESTION. A foreigner residing in Hong

Kong counterfeits a twenty-peso bill issued
1
by the Philippine Government. May the QUESTION. Ando, an Indonesian national
foreigner be prosecuted before a civil who just visited the Philippines, purchased
court in the Philippines? (2012 Bar Exam) a ticket for a passenger vessel bound for
(a) No. The provisions of the Revised Penal Hong Kong. While on board the vessel, he
Code are enforceable only within the saw his mortal enemy Iason, also an
Philippine Archipelago. Indonesian national, seated at the back
(b) No. The Philippine Criminal Law is portion of the cabin and who was busy
binding only on persons who reside or reading a newspaper. Ando stealthily
sojourn in the Philippines. approached Iason and when he was near
(c) No. Foreigners residing outside the him, Ando stabbed and killed Iason. The
jurisdiction of the Philippines are vessel is registered in Malaysia. The killing
exempted from the operation of the happened just a few moments after the
Philippine Criminal Law. vessel left the port of Manila. Operatives
(d) Yes. The provisions of the Revised Penal from the PNP Maritime Command arrested
Code are enforceable also outside the Ando. Presented for the killing of Iason,
jurisdiction of the Philippines against Ando contended that he did not incur
those who should forge or counterfeit criminal liability because both he and the
currency notes of the Philippines or victim were Indonesians. He likewise
obligations and securities issued by the argued that he could not be prosecuted in
Government of the Philippines. Manila because the vessel is a
Malaysian-registered ship. Discuss the
SUGGESTED ANSWER: merits of Ando's contentions. (2015 Bar
(d) Yes. The provisions of the Revised Penal Exam)
Code are enforceable also outside the
jurisdiction of the Philippines against those SUGGESTED ANSWER:
who should forge or counterfeit currency Ando’s contentions lack merit. Under the
notes of the Philippines or obligations and generality principle, no foreigner shall enjoy
securities issued by the Government of the an extraterritorial right to be exempted from
Philippines. Philippine laws and jurisdiction (Article 14,
Civil Code of the Philippines).
QUESTION. Pierce is a French diplomat
stationed in the Philippines. While on EDSA Under Article 2 of the RPC, the provisions of
and driving with an expired license, he hit the penal code shall be enforced within the
a pedestrian who was crossing illegally. archipelago and its interior waters (Article 2,
The pedestrian died. Pierce was charged RPC). Since the killing occurred a few
with reckless imprudence resulting in moments after the vessel left the port of
homicide. In his defense, he claimed Manila, the crime is still within the
diplomatic immunity. Is Pierce correct? jurisdiction of the Philippine courts. The
(2014 Bar Exam) foreign characteristic of an offender and
offended party does not exclude him from
SUGGESTED ANSWER: operation of penal laws (People v. Galacgac,
Yes, Pierce is correct. Under the principle of C. A., 54 O. G. 1027). Therefore, Ando’s
generality, no foreigner enjoys the right to be nationality has no bearing with respect to his
exempted from the laws and jurisdiction of criminal liability.
the Philippines except as provided in the
treaties and the law of preferential Moreover, his contention that he cannot be
application. In this case, Pierce is a French prosecuted in the Philippines as the vessel is
Diplomat with an official assignment to the Malaysian registered is untenable. The
Philippines and is thus covered under the Philippines observes the English rule
exception as provided under RA 75 or the law according to which, under the international
on preferential application. law, crimes perpetrated aboard a foreign
2
merchant vessel are in general triable in the
courts of the country within which territory Light felonies are those infractions of law for
they were committed. The only exception to the commission of which the penalty of
this rule is when the crimes merely affect arresto menor or a fine not exceeding 200
things within the vessel or when they only pesos [Forty thousand pesos (₱40,000), as
refer to the internal management thereof. amended by RA 10951] or both, is provided.
Since the crime was committed within the (Article 9, RPC)
territorial jurisdiction of the Philippines, the
Philippine courts have jurisdiction.
Article 4. Criminal Liability.
Felonies
QUESTION. What is the criminal liability, if
any, of a pregnant woman who tried to
Criminal Liabilities and Felonies commit suicide by poison, but she did not
die and the fetus in her womb was expelled
instead?
Article 9. Grave, Less Grave and Light (a) The woman who tried to commit
Felonies suicide is not criminally liable because
the suicide intended was not
consummated.
QUESTION. The classification of felonies
(b) The woman who tried to commit
into grave, less grave, and light is
suicide is criminally liable for
important in ascertaining
unintentional abortion which is
(a) If certain crimes committed on the
punishable when caused by violence.
same occasion can be complexed.
(c) The woman who tried to commit
(b) The correct penalty for crimes
suicide is criminally liable for
committed through reckless
abortion that resulted due to the
imprudence.
poison that she had taken to commit
(c) Whether the offender is liable as an
suicide.
accomplice.
(d) The woman who tried to commit
(d) What stage of the felony has been
suicide incurs no criminal liability for
reached. (2011 Bar Exam)
the result not intended. (2012 Bar
Exam)
SUGGESTED ANSWER:
(a) If certain crimes committed on the same
SUGGESTED ANSWER:
occasion can be complexed.
(d) The woman who tried to commit suicide
incurs no criminal liability for the result not
QUESTION. Define/distinguish Grave, less
intended.
grave, and light felonies (3%) (2019 Bar
Exam)
QUESTION. Luis Cruz was deeply hurt when
his offer of love was rejected by his
SUGGESTED ANSWER:
girlfriend Marivella one afternoon when he
Under Article 9 of the Revised Penal Code,
visited her. When he left her house, he
grave felonies are those to which the law
walked as if he was sleepwalking so much
attaches the capital punishment or penalties
so that a teenage snatcher was able to
which in any of their periods are afflictive, in
grab his cell phone and flee without being
accordance with article 25 of the RPC.
chased by Luis. At the next LRT station, he
boarded one of the coaches bound for
Less grave felonies are those which the law
Baclaran. While seated, he happened to
punishes with penalties which in their
read a newspaper left on the seat and
maximum period are correctional, in
noticed that the headlines were about the
accordance with Article 25 of the RPC
sinking of the Super Ferry while on its way
3
to Cebu. He went over the list of missing
passengers who were presumed dead and SUGGESTED ANSWER:
came across the name of his grandfather The crime committed by Lisa is an Impossible
who had raised him from childhood after Crime of Qualified Theft. According to Art. 4,
he was orphaned. He was shocked and his par. 2, of the Revised Penal Code, "Criminal
mind went blank for a few minutes, after liability is incurred by any person performing
which he ran amuck and, using his balisong, an act which would be an offense against
started stabbing at the passengers who persons or property, were it not for the
then scampered away, with three of them inherent impossibility of its accomplishment
jumping out of the train and landing on the or an account of the employment of
road below. All the three passengers died inadequate or ineffectual means." In this
later of their injuries at the hospital. Is case, were it not for the fact that the check
Luis liable for the death of the three bounced, she would have received the face
passengers who jumped out of the moving value of the check which was not rightfully
train? State your reasons. (5%) (2001 Bar hers. Thus, the crime committed by Lisa is an
Exam) Impossible Crime of Qualified Theft. The
penalty to be imposed then is imprisonment
SUGGESTED ANSWER: of arresto mayor or a fine ranging from 200
Yes, Luis is liable for the deaths of the three to 500 pesos (Art. 59, RPC).
passengers who jumped off the train. Under
Article 4 of the RPC, criminal liability shall be
Article 6. Attempted Felony
incurred although the wrongful act may be
different than that intended (Article 4, RPC).
This requires that (1) an intentional felony be QUESTION. In an attempted felony, the
committed, and (2) the wrong done to the offender’s preparatory act
aggrieved party be the direct, natural and (a) Itself constitutes an offense.
logical consequence of the felony committed (b) Must seem connected to the intended
by the offender. In this case, three passengers crime.
jumped out of the train which caused their (c) Must not be connected to the intended
deaths due to Luis running amok and stabbing crime.
other passengers with his balisong. (People v. (d) Requires another act to result in a
Arpa, 27 SCRA 1037 (1969); U.S. v. Valdez, 41 felony (2011 Bar Exam)
Phil. 1497 (1921)) Thus, Luis is liable.
SUGGESTED ANSWER:
(a) Itself constitutes an offense.
Impossible Crime
QUESTION. A, in a public place, fired his
QUESTION. Jenny obtained a fire insurance gun at B with the intention of killing B, but
from YG Insurance Co. (YG). In payment of the gun did not fire because the bullet is a
the policy, she issued a postdated check dud. The crime is: (1%)
payable to cash in the amount of Php (a) Attempted homicide
15,000.00 which was handed to Lisa, YG’s (b) Grave threat
sales agent. Lisa did not remit the check to (c) Impossible crime
YG. Instead, Lisa deposited it in her (d) Alarm and scandal (2014 Bar Exam)
husband’s bank account, but the check was
dishonored for having been drawn from a SUGGESTED ANSWER:
closed account. (a) Attempted homicide
What crime, if any, was committed by Lisa QUESTION. Mr. A has a long-standing feud
and, if there was any, what is its with Mr. B. As payback for Mr. B's
prescribed penalty? Explain briefly. (5 numerous transgressions against him, Mr. A
points) (2022 Bar Exam) planned to bum down Mr. B's rest house.
4
One night, Mr. A went to the rest house and
started pouring gasoline on its walls. SUGGESTED ANSWER:
However, just as Mr. A had lit the match (c) Yes, since the instinct of self-preservation
for burning, he was discovered by Mr. B's takes priority in an emergency.
caretaker, Ms. C, and was consequently
prevented from setting the rest house on QUESTION. Pedro is married to Tessie.
fire. Mr. A was then charged with Juan is the first cousin of Tessie. While in
Frustrated Arson. the market, Pedro saw a man stabbing
Juan. Seeing the attack on Juan, Pedro
Is the charge of Frustrated Arson proper? picked up a spade nearby and hit the
Explain. (2%) (2019 Bar Exam) attacker on his head which caused the
latter's death.
SUGGESTED ANSWER:
No, the charge is not proper. Under Article 6 Can Pedro be absolved of the killing on the
of the RPC, there is an attempt when the ground that it is in defense of a relative?
offender commences the commission of a Explain. (5%) (2016 Bar Exam)
felony by overt acts, and does not perform all
the acts of execution which should produce SUGGESTED ANSWER:
the felony by reason of some cause or No, Juan may not invoke the justifying
accident other than his own spontaneous circumstance of defense of a relative. Under
desistance (Article 6, RPC). In this case, Mr. A Article 11(2) of the RPC, only the offender’s
poured the gasoline and lit a match but was spouse; ascendants; descendants; legitimate,
prevented from burning the house or any part natural, or adopted brothers and sisters;
thereof due to the caretaker’s discovery. relatives by affinity in the same degrees; and
Thus, the crime is attempted arson as Mr. A relatives by consanguinity within the fourth
was prevented from consummating the civil degree are considered as those who can
offense by burning the house. be justifiably defended.
In this case, Juan is Tessie’s first cousin and

not her ascendant, descendant, nor her
Circumstances Affecting Criminal Liability
legitimate, natural, or adopted brother. Since
Pedro is related to Juan by consanguinity by
Article 11. Justifying Circumstances reason of his marriage to Tessie, he may not
defend Juan and enjoy the justifying
circumstance of defense of a relative.
QUESTION. To save himself from crashing
into an unlighted truck abandoned on the However, Article 11(3) provides that anyone
road, Jose swerved his car to the right may act in defense of the person or rights of
towards the graveled shoulder, killing two a stranger provided that (1) there is unlawful
bystanders. Is he entitled to the justifying aggression; (2) there is a reasonable necessity
circumstance of state of necessity? of the means employed to prevent or repel it;
(a) No, because the bystanders had and the person defending is not induced by
nothing to do with the abandoned revenge, resentment, or other evil motive. In
truck on the road. this case, all the elements of defense of a
(b) No, because the injury done is greater stranger were satisfied — there was unlawful
than the evil to be avoided. aggression on the part of the man stabbing
(c) Yes, since the instinct of Juan, Pedro picked up a reasonable object to
self-preservation takes priority in an make his defense, and there is no indication
emergency. that Pedro harbored any feeling of revenge,
(d) Yes, since the bystanders should have resentment, or other evil motive. Thus, this
kept off the shoulder of the road.
(2011 Bar Exam)
5
justifying circumstance may be appreciated SUGGESTED ANSWER:
in Pedro’s favor. (b) Misprision of treason.
QUESTION. Police officer John ran after QUESTION. What is the minimum age of
Randy who had just killed Willy in John’s criminal responsibility?
presence. John fired at Randy in an (a) Fifteen (15) years old or under;
attempt to stop him in his tracks. In (b) Nine (9) years old or under;
response, Randy fired back at John, hitting (c) Above nine (9) years old and under
him. John was seriously wounded but fifteen (15) who acted with
survived due to timely medical assistance. discernment;
Randy was then charged with Frustrated (d) Above fifteen (15) years old and under
Homicide. During the trial, Randy claimed eighteen (18) who acted with
self-defense. discernment. (2012 Bar Exam)
Is Randy’s claim of self-defense tenable? SUGGESTED ANSWER:

Explain briefly. (5 points) (2022 Bar Exam) (d) Above fifteen (15) years old and under
eighteen (18) who acted with discernment
SUGGESTED ANSWER:
No, Randy's claim for self-defense is QUESTION. A child over fifteen (15) years
untenable. Under the Revised Penal Code, in of age acted with discernment in the
order for the justifying circumstance of commission of murder. What is the duty of
self-defense to be appreciated, the following the court if he is already over eighteen
requisites must first be satisfied: (1) unlawful (18) years of age at the time of the
aggression; (2) reasonable necessity of the determination of his guilt for the offense
means employed to prevent or repel it; and charged?
(3) lack of sufficient provocation on the part (a) The court shall pronounce the
of the person defending himself (Revised judgment of conviction.
Penal Code, Article 11 [par. 1]). "Unlawful (b) The court shall place the child under
aggression on the part of the victim is a suspended sentence for a specified
condition sine qua non for the successful period or until he reaches twenty-one
invocation of self-defense." (People v. (21) years of age.
Rabanal, G.R. No. 119542, [January 19, (c) The court shall discharge the child for
2001], 402 PHIL 709-717) disposition measures.
(d) The court shall place the child on
In this case, there is no unlawful aggression, probation. (2012 Bar Exam)
because the police officer is in the lawful
exercise of his duty in trying to apprehend SUGGESTED ANSWER:
Randy. As such, Randy's claim for self-defense (b) The court shall place the child under
is untenable. suspended sentence for a specified period or
until he reaches twenty-one (21) years of
age.
Article 12. Circumstances which Exempt
from Criminal Liability
QUESTION. While his wife was on a 2-year
scholarship abroad, Romeo was having an
QUESTION. Insuperable cause is an affair with his maid Dulcinea. Realizing
exempting circumstance which may be that the affair was going nowhere,
applied to Dulcinea told Romeo that she was going
(a) Robbery. back to the province to marry her
(b) Misprision of treason. childhood sweetheart. Clouded by anger
(c) Homicide. and jealousy, Romeo strangled Dulcinea to
(d) Rebellion. (2011 Bar Exam)
6
death while she was sleeping in the maid’s
Article 13. Mitigating Circumstances
quarters.
The following day, Romeo was found QUESTION. TRUE or FALSE. Answer TRUE if
catatonic inside the maid’s quarters. He the statement is true, or FALSE if the
was brought to the National Center for statement is false. Explain your answer in
Mental Health (NCMH) where he was not more than two (2) sentences. (5%)
diagnosed to be mentally unstable.
xxx
Charged with murder, Romeo pleaded
insanity as a defense. b. Voluntary surrender is a mitigating
circumstance in all acts and omissions
(a) Will Romeo’s defense prosper? punishable under the Revised Penal Code.
Explain. (2%)
xxx (2009 Bar Exam)
(b) What is the effect of the diagnosis of
the NCMH on the case? (2%) (2010 Bar SUGGESTED ANSWER:
Exam) False. Quasi-offenses are considered as
distinct species of crime. In negligence and
SUGGESTED ANSWER: imprudence, what is punished is the mental
(a) No, Romeo’s defense of insanity will not attitude or condition behind the act. These
prosper. Under Article 13 of the RPC, an are thus set apart from the class of
imbecile or an insane person is exempt intentional crimes punished under the RPC.
from criminal liability unless the insane Article 365 fixes the penalty for the same at
person acted during a lucid interval. In arresto mayor maximum, to prision
order to properly invoke this defense, it correccional [medium], if the willful act
must be proven that there was a would constitute a grave felony,
complete deprivation of intelligence notwithstanding that the penalty for the
while the offender was committing the latter could range all the way from prision
act. This must be proven by the mayor to death, according to the case (Ivler
defendant as the law has a presumption v. Hon. Modesto-San Pedro, G.R. No.
in favor of insanity (U.S. vs. Guevara, 27 172716,November 17, 2010).
Phil. 547, 550; People vs. Fausto, No.
L-16381, Dec. 30, 1961, 3 SCRA 863, QUESTION. The mitigating circumstance of
866-867; People vs. Puno, No. L-33211, immediate vindication of a grave offense
June 29, 1981, 105 SCRA 151, 158) In cannot be appreciated in a case where
this case, Romeo was only proved to be (a) Following the killing of his adopted
mentally unstable after the commission brother, P went to the place where it
of the act and not before it. The facts happened and killed S whom he found
indicate that Romeo was lucid at the there.
time he committed the offense. Thus, (b) X kills Y who attempted to rape X’s
the defense of insanity will not prosper. wife.
(c) P severely maltreats S, a
(b) The diagnosis provided by the NCMH septuagenarian, prompting the latter
merely suspends the proceedings which to kill him.
may be instituted against the accused (d) M killed R who slandered his wife.
and the court may order the offender’s (2011 Bar Exam)
mental examination, and, if necessary,
his confinement (People v. Estrada, G.R. SUGGESTED ANSWER:
No. 130487, June 19, 2000). (c) P severely maltreats S, a septuagenarian,
prompting the latter to kill him.
7
QUESTION. The presence of a mitigating SUGGESTED ANSWER:
circumstance in a crime (a) Following the killing of his adopted
(a) Increases the penalty to its maximum brother, P went to the place where it
period. happened and killed S whom he found there.
(b) Changes the gravity of the offense.
(c) Affects the imposable penalty, QUESTION. W allowed a man to have sex
depending on other modifying with her thinking that he was her husband.
circumstances. After realizing that the man was not her
(d) Automatically reduces the penalty. husband, W stabbed him to death.
(2011 Bar Exam)
Under the circumstances, the mitigating
SUGGESTED ANSWER: circumstance in attendance constitutes
(c) Affects the imposable penalty, depending (a) Defense of honor.
on other modifying circumstances. (b) Immediate vindication of a grave
offense.
After properly waiving his Miranda rights, (c) Passion or obfuscation.
the offender led the police to where he (d) Self-defense. (2011 Bar Exam)
buried the gun he used in shooting the SUGGESTED ANSWER:
victim. How does this affect his liability? (b) Immediate vindication of a grave offense.
(a) This serves as an analogous mitigating
circumstance of voluntary surrender. QUESTION. Deeply enraged by his wife’s
(b) It has no effect at all since the law infidelity, the husband shot and killed her
provides none. lover. The husband subsequently
(c) He is considered to have confessed to surrendered to the police. How will the
murder. court appreciate the mitigating
(d) This serves as an aggravating circumstances of (i) passion or obfuscation,
circumstance of concealment of (ii) vindication of a grave offense, and (iii)
weapon. (2011 Bar Exam) voluntary surrender that the husband
invoked and proved?
SUGGESTED ANSWER: (a) It will appreciate passion or
(a) This serves as an analogous mitigating obfuscation and voluntary surrender
circumstance of voluntary surrender. as one mitigating circumstance and
vindication of a grave offense as
QUESTION. The mitigating circumstance of another.
immediate vindication of a grave offense (b) It will appreciate all three mitigating
cannot be appreciated in a case where circumstances separately.
(a) Following the killing of his adopted (c) It will appreciate the three mitigating
brother, P went to the place where it circumstances only as one.
happened and killed S whom he found (d) It will appreciate passion or
there. obfuscation and vindication of a grave
(b) X kills Y who attempted to rape X’s offense as just one mitigating
wife. circumstance and voluntary surrender
(c) P severely maltreats S, a as another. (2011 Bar Exam)
septuagenarian, prompting the latter
to kill him. SUGGESTED ANSWER:
(d) M killed R who slandered his wife. (d) It will appreciate passion or obfuscation
(2011 Bar Exam) and vindication of a grave offense as just one
mitigating circumstance and voluntary
surrender as another.
8
QUESTION. Without meaning anything, Z (c) Incomplete self-defense
happened to stare into the eye of one of (d) Incomplete defense of a relative (2014
four men hanging out by a store which he Bar Exam)
passed. Taking offense, the four mauled
and robbed him of his wages. Z went home, SUGGESTED ANSWER:
took a knife, and stabbed one of his (c) 14 year-old offender
attackers to death. Charged with murder, Z
may raise the mitigating circumstance of: QUESTION. Mr. X and Mr. Y engaged in a
(a) Praeter intentionem. violent fistfight which Mr. X instigated.
(b) Incomplete self-defense preceded by This culminated in Mr. X repeatedly
undue provocation. smashing Mr. Y's head on the concrete
(c) Passion or obfuscation. pavement. Thereafter, Mr. X left Mr. Y
(d) Complete self-defense. (2011 Bar barely breathing and almost dead. A few
Exam) minutes after the incident, Mr. X
immediately went to the police station to
SUGGESTED ANSWER: confess what he did and told the police
(c) passion or obfuscation. where he left Mr. Y. Fortunately, the police
rescued Mr. Y and he survived with the
QUESTION. A killed M. After the killing, A help of timely medical intervention. Mr. X
went to the Barangay Chairman of the was then charged in court with Frustrated
place of incident to seek protection Homicide, to which he openly confessed his
against the retaliation of M's relatives. guilt upon arraignment.
May voluntary surrender be appreciated as
a mitigating circumstance in favor of Based on the above-stated facts, what
(a) Yes. A surrendered to the Barangay is/are the mitigating circumstance/s that
Chairman who is a person in authority. may be appreciated in favor of Mr. X.
(b) Yes. The surrender of A would save Explain. (2019 Bar Exam)
the authorities the trouble and
expense for his arrest. SUGGESTED ANSWER:
(c) No. A did not unconditionally submit The following mitigating circumstances can
himself to the authorities in order to be appreciated in favor of Mr. X: (i) Voluntary
acknowledge his participation in the Surrender and (ii) Voluntary Confession of
killing or to save the authorities the Guilt.
trouble and expenses necessary for his
search and capture. In order for voluntary surrender to be
(d) No. The surrender to the Barangay appreciated as a mitigating circumstance, (i)
Chairman is not a surrender to the the offender had not been actually arrested,
proper authorities. (2012 Bar Exam) (ii) the offender surrendered himself to a
person in authority, and (iii) the surrender
SUGGESTED ANSWER: was voluntary. Mr. X’s act of immediately
(c) No. A did not unconditionally submit going to the police station to confess his
himself to the authorities in order to violent altercation with Mr. Y satisfies the
acknowledge his participation in the killing or aforementioned requisites of Voluntary
to save the authorities the trouble and Surrender. Therein, Mr. X saved the
expenses necessary for his search and authorities from the trouble and expenses
capture. necessary for his supposed search and
capture (People v. Manzano, Jr., G.R. No.
QUESTION. Which of the following is not a 217974, March 05, 2018).
privilege mitigating circumstance?
(a) 17-year-old offender On the other hand, voluntary confession of
(b) 14-year-old offender guilt is present if the following requisites are
9
present: (i) the offender spontaneously 3. When the circumstance is specifically
confessed his guilty, (ii) such confession was alleged in the information and
made in open court, before the competent subsequently proven during trial.
court tries the case, and (iii) the confession
was made prior to the presentation of ALTERNATIVE ANSWER:
evidence for prosecution. Upon arraignment, Qualifying circumstances are considered as an
Mr. X openly and voluntarily confessed his element of the crime, when the law expressly
guilt, hence, his actions satisfies the provides such circumstance as part of the
application of the subject mitigating definition of the crime.
circumstance. (People v. Juan, G.R. No.
152289, January 14, 2004) QUESTION. Bernardo was enraged by his
conviction for robbery by Judge Samsonite
despite insufficient evidence. Pending his
Article 14. Aggravating Circumstance
appeal, Bernardo escaped in order to get
even with Judge Samsonite. Bernardo
QUESTION. Which of the following learned that the judge regularly slept in
circumstances may be taken into account his mistress' house every weekend. Thus,
for the purpose of increasing the penalty he waited for the judge to arrive on
to be imposed upon the convict? Saturday evening at the house of his
(a) Aggravating circumstances which in mistress. It was about 8:00 p.m. when
themselves constitute a crime Bernardo entered the house of the
specially punishable by law. mistress. He found the judge and his
(b) Aggravating circumstances which are mistress having coffee in the kitchen and
inherent in the crime to such a degree engaging in small talk. Without warning,
that they must of necessity Bernardo stabbed the judge at least 20
accompany the crime. times. The judge instantly died.
(c) Aggravating circumstances which arise Prosecuted and tried, Bernardo was
from the moral attributes of the convicted of direct assault with murder.
offender. Rule with reasons whether or not the
(d) Aggravating circumstances which are conviction for direct assault with murder
included by the law in defining a was justified, and whether or not the trial
crime. (2012 Bar Exam) court should appreciate the following
SUGGESTED ANSWER: aggravating circumstances against
(c) Aggravating circumstances which arise Bernardo, to wit: (1) disregard of rank and
from the moral attributes of the offender. age of the victim, who was 68 years old;
(2) dwelling; (3) nighttime; (4) cruelty; and
QUESTION. When would qualifying (5) quasi-recidivism. (10%) (2017 Bar
circumstances be deemed, if at all, Exam)
elements of a crime? (2003 Bar Exam)
SUGGESTED ANSWER: SUGGESTED ANSWER:

Under the Revised Penal Code, qualifying Yes, Bernardo’s conviction of the crime of
circumstances are considered as an element direct assault with murder was justified.
of the crime, if any of the following is Direct assault, which is a crime against public
present: order, may be committed when an offender
1. When the circumstance changes the attacks any person in authority, while
nature of the crime, which would bring a engaged in the performance of official duties,
more serious crime and a heavier or on the occasion of such performance
penalty; (Article 148, RPC). Bernardo’s act of
2. When the circumstance is an essential attacking Judge Samsonite was motivated by
element of the crime involved; and the latter’s performance of his official duties
10
of deciding the accused’s criminal case of still on appeal; thus, he is not a
robbery; hence, his conviction for the crime quasi-recidivist.
of direct assault is proper. As for the crime of
murder, the death of Judge Samsonite was QUESTION. Moe, Curly, and Larry were
attended by the qualifying circumstance of drinking and singing inside a karaoke bar
treachery. In view of Bernardo’s single act of when suddenly, Buboy entered the bar and
attacking Judge Samsonite produced two (2) without warning, immediately shot all
crimes: direct assault and murder, such three of them using a caliber .45 pistol.
crimes must be complexed to the crime of Thereafter, Buboy ran out of the bar to
direct assault with murder. escape. Moe, Curly, and Larry died
instantly due to gunshot wounds in their
The following aggravating circumstances heads and bodies. With the help of
cannot be appreciated against Bernardo: (i) eyewitnesses, Buboy was arrested. After
disregard of rank and age, (ii) dwelling, (iii) the inquest, the prosecutor charged Buboy
nighttime, (iv) cruelty, and (v) with three counts of Homicide.
quasi-recidivism.
Do you agree with the charge of Homicide
First, disregard of rank is already absorbed in against Buboy? Explain briefly. (5 points)
the crime of direct assault, the former being (2022 Bar Exam)
an essential element of said crime. In
addition, the circumstance of disregard of SUGGESTED ANSWER:
age cannot be appreciated because there is No, I do not agree with the charge of
no evidence to prove that the attack on Homicide against Buboy, as it should have
Judge Samsonite was made to offend or insult been the crime of Murder. Under the Revised
his age. Penal Code, "there is treachery when the
offender commits any of the crimes against
Second and third, dwelling ang nighttime the person, employing means, methods, or
cannot be appreciated against Bernardo, for forms in the execution thereof which tend
such circumstances are already absorbed by directly and specially to insure its execution,
the existence of the qualifying circumstance without risk to himself arising from the
of treachery. defense which the offended party might make
(Revised Penal Code, Article 14 [par. 16])."
Fourth, in order to appreciate the
circumstance of cruelty, there is a need to In the case at bar, it was shown that Buboy
prove that the offender intended to make the shot Moe, Curly, and Larry without warning
victim suffer slowly and gradually, causing and when they were in vulnerable and
him unnecessary physical pain in the defenseless positions as they were drinking
consummation of the crime. Therein, the and singing inside a karaoke bar. Considering
twenty (20) stabs made on the body of Judge that there is the presence of treachery, the
Samsonite is not sufficient to prove that proper crime that should have been charged
Bernardo intended to make him suffer slowly should have been Murder, not Homicide.
and gradually.
Lastly, Bernardo is not considered to be a

Persons Liable and Degree of
quasi-recidivist; thus, such a circumstance Participation
cannot be appreciated. A quasi-recidivist,
under Article 160 (RPC), is a person who shall
commit a felony after having been convicted Article 20. Accessories Who are Exempt
by final judgment and before beginning to from Criminal Liability.
serve such a sentence. Bernardo committed
the crime when the judgment of conviction is
11
QUESTION. DCB, the daughter of MCB, stole the store. As a case of aberratio ictus, it is
the earrings of XYZ, a stranger. MCB punishable as a __________
pawned the earrings with TBI Pawnshop as (a) Complex crime proper.
a pledge for a P500 loan. During the trial, (b) Special complex crime.
MCB raised the defense that being the (c) Continuing crime.
mother of DCB, she cannot be held liable as (d) Compound crime. (2011 Bar Exam)
an accessory. Will MCB's defense prosper?
(2004 Bar Exam) SUGGESTED ANSWER:
(a) Complex crime proper.
SUGGESTED ANSWER:
No, MCB’s reliance on the exemption of QUESTION. 1. MCQ: The wife of AAA
criminal liability because of her relationship predeceased his mother-in-law. AAA was
with DCB will not prosper. Article 20 of the accused of defrauding his mother-in-law
RPC provides that an accessory is exempt under a criminal information for estafa,
from the criminal liability, when the but the actual recital of facts of the
principal, among others, is his descendant. offense charged therein, if proven, would
However, such exemption is not available constitute not only the crime of estafa, but
when the accessory profited by the effects of also falsification of public documents as a
the crime or when they assisted the offender necessary means for committing estafa.
to profit by the effects of the crime. MCB’s AAA invokes the absolutory cause of
act of pawning the stolen earrings is a clear relationship by affinity. Which statement
assistance on her part to help DCB profit from is most accurate?
her act. Thus, MCB cannot rely on the (a) The relationship by affinity created
exemption of relationship as an accessory. between AAA and the blood relatives
of his wife is dissolved by the death of
his wife and the absolutory cause of
Penalties relationship by affinity is therefore no
longer available to AAA.
(b) The death of a spouse does not sever
Article 48. Complex crime the relationship by affinity which is an
absolutory cause available to AAA for
estafa through falsification of public
QUESTION. A special complex crime is a
documents.
composite crime
(c) If AAA commits in a public document
(a) Made up of 2 or more crimes defined
the act of falsification as a necessary
in the Penal Code.
means to commit estafa, the
(b) With its own definition and special
relationship by affinity still subsists
penalty provided by the Penal Code.
as an absolutory cause for estafa
(c) With its own definition and special
which should be considered separately
penalty provided by a special penal
from the liability for falsification of
law.
public document because there is no
(d) Made up of 2 or more crimes defined
specific penalty prescribed for the
in the Penal Code and special penal
complex crime of estafa through
laws (2011 Bar Exam)
falsification of public document.
(d) Considering that under the given
SUGGESTED ANSWER:
situation, the two (2) crimes of estafa
(d) Made up of 2 or more crimes defined in
and falsification of public document
the Penal Code and special penal laws
are not separate crimes but
component crimes of the single
QUESTION. X, intending to kill Y, a store
complex crime of estafa and
owner, fired at Y from the street, but the
falsification of public document, the
shot killed not only Y but also Z who was in
12
absolutory cause of relationship by the given facts, are A, B and C exempt
affinity is not available to AAA. (2012 from criminal liability? If not, what is the
Bar Exam) proper charge against them or any of
them?
SUGGESTED ANSWER: (a) A, B and C, being under eighteen (18)
(d) Considering that under the given years of age at the time of the
situation, the two (2) crimes of estafa and commission of the offense, are exempt
falsification of public document are not from criminal liability and should be
separate crimes but component crimes of the merely subjected to an intervention
single complex crime of estafa and program for children in conflict with
falsification of public document, the the law.
absolutory cause of relationship by affinity is (b) There being no indication of having
not available to AAA. acted with discernment, A, B and C
are exempt from criminal liability,
subject to appropriate programs in
QUESTION. With intent to kill, GGG burned consultation with the person having
the house where F and D were staying. F custody over the child in conflict with
and D died as a consequence. What is the the taw or the local social welfare and
proper charge against GGG? development officer.
(a) GGG should be charged with two (2) (c) Considering the given facts which
counts of murder. manifest discernment, A, B and C are
(b) GGG should be charged with arson. not exempt from criminal liability and
(c) GGG should be charged with a complex should be charged with the complex
crime of arson with double murder. crime of robbery with homicide,
(d) GGG should be charged with a complex subject to automatic suspension of
crime of double murder. (2012 Bar sentence upon finding of guilt.
Exam) (d) Under the given facts, A, B and C are
not exempt from criminal liability
SUGGESTED ANSWER: because they conspired to commit
(d) GGG should be charged with complex robbery for which they should be
crime of double murder. collectively charged as principals, and
in addition, B should be separately
QUESTION. A, B and C, all seventeen (17) charged with homicide for the death
years of age, waited for nighttime to avoid of G, subject to diversion programs
detection and to facilitate the for children over 15 and under 18 who
implementation of their plan to rob G. acted with discernment. (2012 Bar
They entered the room of G through a Exam)
window. Upon instruction of A, G opened
her vault while B was poking a knife at her. SUGGESTED ANSWER:
Acting as lookout, C had already opened (c) Considering the given facts which
the main door of the house when the helper manifest discernment, A, B and C are not
was awakened by the pleading of G to A exempt from criminal liability and should be
and B to just take the money from the charged with the complex crime of robbery
vault without harming her. When the with homicide, subject to automatic
helper shouted for help upon seeing G with suspension of sentence upon finding of guilt.
A and B inside the room, B stabbed G and
ran towards the door, leaving the house QUESTION. With intent to kill, GGG burned
with C. A also left the house after taking the house where F and D were
the money of G from the vault. G was staying. F and D died as a consequence.
brought to the hospital where she died as a What is the proper charge
result of the wound inflicted by B. Under against GGG?
13
(a) GGG should be charged with two (2) establishment destroyed. Antonio refused
counts of murder. to pay the protection money. Days later, at
(b) GGG should be charged with arson. around 3:00 in the morning, Mauro, a
(c) GGG should be charged with a complex member of the criminal syndicate, arrived
crime of arson with double murder. at Antonio's home and hurled a grenade
(d) GGG should be charged with a complex into an open window of the bedroom where
crime of double murder. (2012 Bar Antonio, his wife and their three year-old
Exam) daughter were sleeping. All three of them
were killed instantly when the grenade
SUGGESTED ANSWER: exploded.
(d) GGG should be charged with complex
crime of double murder. State, with reason, the crime or crimes
that had been committed as well as the
QUESTION. Distinguish between compound aggravating circumstances, if any,
and complex crime as concepts (2003, 2004 attendant thereto.(7%) (2008 Bar Exam)
Bar Exam)
SUGGESTED ANSWER:
SUGGESTED ANSWER: Two (2) crimes were committed in the events
A compound crime is committed by an that led to the death of Antonio and his
offender when a single act constitutes two (2) family, namely: (i) Grave Threats, and (ii)
or more grave or less grave felonies. In order Complex Crime of Multiple Murder, qualified
for the crime to be considered as compound, by treachery and use of explosives.
the following elements must exist: (i) only a
single act is performed by the offender; and First, Roger, as the leader of the crime
(ii) it produces: (a) two (2) or more grave syndicate, committed Grave Threats. To
felonies; (b) one (1) or more grave and one constitute the first form of Grave Threats,
(1) or more less grave felonies; or (c) two (2) the following elements must be present: (i)
or more less grave felonies. that the offender threatens another person
with the infliction upon the latter's person,
A complex crime is present when the offense honor, or property; (ii) that such wrong
committed is a necessary means for amounts to a crime; (iii) that there is a
committing another offense. The following demand for money; and (iv) that the offender
are the requisites of a complex crime: (i) at attains his purpose. The act of Roger of
least two (2) offenses are committed; (ii) one threatening Antonio to procure him P10,000
or some of the offenses committed are as protection money, otherwise he would be
necessary to commit the others; and (iii) both killed, satisfies the four (4) requisites for the
or all of the offenses must be punishable subject crime. Thus, Roger is guilty of the
under the same statute. (Gamboa v. Court of crime of Grave Threats (Article 282, Revised
Appeals, G.R. No. L-41054, November 28, Penal Code).
1975)
Second, Mauro and Roger committed the
QUESTION. Roger, the leader of a crime complex crime of multiple murder for the
syndicate in Malate, Manila, demanded the death of Antonio, his wife, and his daughter.
payment by Antonio, the owner of a motel The act of throwing a grenade to kill the
in that area, of P10,000 a month as victims would result in the crime being
"protection money". With the monthly qualified by the use of explosive and
payment, Roger assured, the syndicate treachery would serve as a generic
would provide protection to Antonio, his aggravating circumstance (Malana v. People,
business, and his employees. Should G.R. No. 173612, March 26, 2008). Treachery
Antonio refuse, Roger warned, the motel was present because the victims were killed
owner would either be killed or his
14
in the middle of the night, without any means (a) Twelve (12) years of prision mayor as
of defending themselves. minimum to twenty (20) years of
reclusion temporal as maximum.
The aggravating circumstances of (i) dwelling (b) Ten (10) years of prision mayor as
and (ii) RA No. 7659 may be considered in the minimum to seventeen (17) years and
acts of Roger and Mauro. Dwelling is present four (4) months of reclusion temporal
when the following attended the commission as maximum.c) Eight (8) years of
of the crime: (i) offender committed the prision mayor as minimum to eighteen
crime in the dwelling of the offended party; (18) years and four (4) months of
(ii) offender intentionally and deliberately reclusion temporal as maximum.
disregarding the respect which the dwelling is (c) Twelve (12) years of prision mayor as
entitled; and (iii) offended has not given minimum to seventeen (17) years and
provocation. The aggravating circumstance four (4) months of reclusion temporal
provided under RA 7659 that provides for as maximum. (2012 Bar Exam)
when the act is committed by any person who
belongs to an organized/syndicated crime SUGGESTED ANSWER:
group (Section 23), should also be (a) Twelve (12) years of prision mayor as
appreciated in this case. minimum to twenty (20) years of reclusion
temporal as maximum.
Application
QUESTION. What is the nature of the
circumstance which is involved in the
Indeterminate Sentence Law (Act No. imposition of the maximum term of the
4103, as amended) indeterminate sentence?
(a) Qualifying circumstance;
(b) Aggravating circumstance;
QUESTION. Who among the following (c) Modifying circumstance.
convicts are not entitled to the benefits of (d) Analogous circumstance. (2012 Bar
the Indeterminate Sentence Law? Exam)
(a) Those who are recidivists.
(b) Those whose maximum term of SUGGESTED ANSWER:
imprisonment exceeds one (1) year. (c) Modifying circumstance.
(c) Those convicted of inciting to sedition.
(d) Those convicted of misprision of QUESTION. Macky, a security guard,
treason. (2012 Bar Exam) arrived home late one night after
rendering overtime. He was shocked to see
SUGGESTED ANSWER: Joy, his wife, and Ken, his best friend, in
(d) Those convicted of misprision of treason. the act of having sexual intercourse.
Macky pulled out his service gun and shot
QUESTION. Chris Brown was convicted of a and killed Ken.
complex crime of direct assault with
homicide aggravated by the commission of The court found that Ken died under
the crime in a place where public exceptional circumstances and exonerated
authorities are engaged in the discharge of Macky of murder but sentenced him to
their duties. The penalty for homicide is destierro, conformably with Article 247 of
reclusion temporal. On the other hand, the the Revised Penal Code. The court also
penalty for direct assault is prision ordered Macky to pay indemnity to the
correccional in its medium and maximum heirs of the victim in the amount of
periods. What is the correct indeterminate P50,000.
penalty?
15
(a) Did the court correctly order Macky to Prohibited Substance, which is
pay indemnity even though he was rehabilitation. Macky’s case would fall
exonerated of murder? Explain your under the exception of the law’s
answer. application.
(b) While serving his sentence, Macky QUESTION.

entered the prohibited area and had a (a) In a conviction for homicide, the trial
pot session with Ivy (Joy’s sister). Is court appreciated two (2) mitigating
Macky entitled to an indeterminate circumstances and one (1) aggravating
sentence in case he is found guilty of circumstance. Homicide under Article
the use of prohibited substances? 249 of the Revised Penal Code is
Explain your answer. (10%) (2007 Bar punishable by reclusion temporal, an
Exam) imprisonment term of twelve (12)
years and one (1) day to twenty (20)
SUGGESTED ANSWER: years. Applying the Indeterminate
(a) No, the court was incorrect in ordering Sentence Law, determine the
Macky to pay indemnity to the heirs of appropriate penalty to be imposed.
the victim. Article 247 provides for Explain. (3%)
Death Inflicted under Exceptional
Circumstances, which will impose upon (b) Will your answer be the same if it is a
the accused the penalty of destierro. In conviction for illegal possession of
order for Article 247 to apply, the drugs under R.A. 9165 (Dangerous
following must be present: (i) that a Drugs Act of 2002), the prescribed
legally married person surprises his penalty of which is also imprisonment
spouse in the act of committing sexual for a term of twelve (12) years and
intercourse with another person, (ii) one (1) day to twenty (20) years? Why
that he kills any or both of them, and or why not? (3%) (2009 Bar Exam)
(iii) that he has not consented to the
infidelity of the other spouse. SUGGESTED ANSWER:
(a) Applying the rules under the
In this case, since the act of Ken falls Indeterminate Sentence Law for the
under the aforementioned exceptional crime of Homicide, the following will be
circumstance, it would appear that no the appropriate penalty: the minimum
crime was committed, which is in line sentence will be in the range of six (6)
with the case of People v. Cosicor (G.R. years and one (1) day to twelve (12)
No. L-48768, December 4, 1947). Thus, years imprisonment; whereas, the
there would be no basis for the maximum shall be in the range of
imposition of civil liability in the reclusion temporal minimum, which is
absence of the accused’s criminal not lower than twelve (12) years and one
liability. (1) day to not more than fourteen (14)
years and eight (8) months.
(b) No, Macky is not entitled to an
indeterminate sentence under the (b) No, my answer will not be the same if it
Indeterminate Sentence Law (Act No. is a conviction for Illegal Possession of
4103). Under Section 2, an exception Dangerous Drugs. RA No. 9165 is a
from the provisions of the law’s benefit special law and mala prohibita, therein,
is when the maximum term of mitigating and aggravating
imprisonment imposed on the accused circumstances are not considered in the
does not exceed one (1) year. In this imposition of the penalties. Moreover,
case and in view of the nature of the the subject law does not adhere to the
penalty for the crime of Use of nomenclature of penalties established
16
under the Revised Penal Code. Thus, the and for which they have been sentenced by
presence of the mitigating and final judgment. One day, Robbie tried to
aggravating circumstances will not collect money owed by Rannie. Rannie
affect the imposition of penalty for insisted that he did not owe Robbie
crimes provided under RA No. 9165. anything, and after a shouting episode,
Rannie kicked Robbie in the stomach.
Robbie fell to the ground in pain, and
Article 62. Effects of the Attendance of
Rannie left him to go to the toilet to
Mitigating or Aggravating Circumstances
relieve himself. As Rannie was opening the
and of Habitual Delinquency.
door to the toilet and with his back turned
against Robbie, Robbie stabbed him in the
QUESTION. Juan de Castro already had back with a bladed weapon that he had
three (3) previous convictions by final concealed in his waist. Hurt, Rannie ran to
judgment for theft when he was found the nearest "kubol" where he fell. Robbie
guilty of Robbery with Homicide. In the ran after him· and, while Rannie was lying
last case, the trial Judge considered on the ground, Robbie continued to stab
against the accused both recidivism and him, inflicting a total of 15 stab wounds.
habitual delinquency. The accused He died on the spot. Robbie immediately
appealed and contended that in his last surrendered to the Chief Warden. When
conviction, the trial court cannot consider prosecuted for the murder of Rannie,
against him a finding of recidivism and, Robbie raised provocation and voluntary
again, of habitual delinquency. Is the surrender as mitigating circumstances. The
appeal meritorious? Explain. (5%) (2001 prosecution, on the other hand, claimed
Bar Exam) that there was treachery in the commission
of the crime.
SUGGESTED ANSWER:
No, the appeal is not meritorious. Recidivism Is Robbie a recidivist, or a quasi-recidivist?
under Article 14 and habitual delinquency (2.5%) (2018 Bar Exam)
under Article 62 of the Revised Penal Code
are different concepts. The former is one SUGGESTED ANSWER:
who, at the time of his trial for one crime, Robbie can be considered as a quasi-recidivist
shall have been previously convicted by final who, under Article 160 of the Revised Penal
judgment of another crime embraced in the Code, is any person who shall commit a
same title or this Code’ and the latter is one felony after having been convicted by final
who, within a period of 10 years from the judgment before beginning to serve such
date of his last release or conviction of the sentence or while serving such sentence shall
crimes of serious or less serious physical be punished by the maximum period
injuries, robbery, theft, estafa, or prescribed by law for the new felony.
falsification, is found guilty of any of the said Recidivism under Article 14 of the RPC
crimes a third time or oftener. Juan is a requires that the crime for which the
recidivist. He was also correctly considered as offender was sentenced is embraced in the
a habitual delinquent as he had already been same title. Since this requisite is not
convicted thrice for the crime of theft and, satisfied, Robbie cannot be considered as a
subsequently, for the crime of robbery with recidivist. As robbery and murder are not
homicide. Thus, Juan has satisfied both embraced in the same title, he may not be
requisites for recidivism and habitual considered as a recidivist. In this case, Robbie
delinquency. was serving his sentence for the crime of
robbery when he killed Ranie with the
QUESTION. Robbie and Rannie are both aggravating circumstance of treachery which
inmates of the National Penitentiary, satisfies the requisites to be considered as a
serving the maximum penalty for robbery quasi-recidivist.
which they committed some years before
17
to avail of the benefits of probation. Thus,
Execution and Service of Sentence
Jeff, who appealed his conviction, may not
be granted probation.
Probation Law (PD 968, as amended)
RA 9344. Juvenile Justice and Welfare
QUESTION. The period of probation of the Act of 2006
offender sentenced to a term of one (1)
year shall not exceed: QUESTION. Subsidiary liability may be
(a) Two (2) years; imposed on the following, except
(b) Six (6) years; __________. (0.5%)
(c) One (1) year; (a) Innkeepers, in relation to the crime
(d) Three (3) years. (2012 Bar Exam) committed in their establishment
(b) Employers engaged in industry, for the
SUGGESTED ANSWER: crime committed by their employees
(a) Two (2) years. (c) Parents of minors who act with
discernment in committing crimes
QUESTION. Matt was found guilty of drug (d) Hospital administrators or owners, for
trafficking while his younger brother Jeff crimes committed by their hospital
was found guilty of possession of nurses (2013 Bar Exam)
equipment, instrument, apparatus and
other paraphernalia for dangerous drugs SUGGESTED ANSWER:
under Section 12 of Republic Act No. 9165. (c) Parents of minors who act with
discernment in committing crimes.
Matt filed a petition for probation. Jeff
appealed his conviction during the QUESTION. A was 2 months below 18 years
pendency of which he also filed a petition of age when he committed the crime. He
for probation. was charged with the crime 3 months later.
He was 23 when he was finally convicted
The brothers’ counsel argued that, being and sentenced. Instead of preparing to
first time offenders, their petitions for serve a jail term, he sought a suspension of
probation should be granted. How would the sentence on the ground that he was a
you resolve the brothers’ petitions for juvenile offender. Can juvenile offenders,
probation? Explain. (3%) (2011 Bar Exam) who are recidivists, validly ask for
suspension of sentence? (2003 Bar Exam)
SUGGESTED ANSWER:
The petitions for probation submitted by Matt
and Jeff must be denied. Section 24 of RA SUGGESTED ANSWER:
9165 or the Comprehensive Dangerous Drugs No, A is not entitled to the benefit provided
Act of 2002 provides that “[a]ny person under RA 9344 or the Juvenile Justice and
convicted for drug trafficking or pushing Welfare Act. Under Section 38 of the JJWA,
under this Act, regardless of the penalty suspension of sentence shall be applied even
imposed by the court, cannot avail of the if the juvenile is already 18 years of age or
privilege granted by the Probation Law or more at the time of the pronouncement of
Presidential Decree No. 968, as amended”. In his/her guilt. In this case, A was already 23
this case, Matt was convicted of drug years of age at the time of his conviction.
trafficking and the law expressly prohibits Thus, although he committed the crime while
those convicted of the same to avail of the he was still a minor, he may not benefit from
benefit of probation. the automatic suspension of sentence as he is
no longer eligible for the same.
Section 4 of PD 968 or the Probation law
prohibits those who have appealed conviction
18
QUESTION. Lito, a minor, was bullied by about it. After two years, Z, the caretaker,
Brutus, his classmate. Having had enough, found the bones and reported the matter
Lito got the key to the safe where his to the police.
father kept his licensed pistol and took the
weapon. Knowing that Brutus usually hung After 15 years of hiding, A left the country
out at a nearby abandoned building after but returned three years later to take care
class, Lito went ahead and hid while of his ailing sibling. Six years thereafter,
waiting for Brutus. When Lito was he was charged with parricide but raised
convinced that Brutus was alone, he shot the defense of prescription.
Brutus, who died on the spot. Lito then hid
the gun in one of the empty containers. At (a) Under the Revised Penal Code, when
the time of the shooting, Lito was fifteen does the period of prescription of a
years and one month old. What is Lito's crime commence to run? (1%)
criminal liability? Explain. (2015 Bar
Exam) (b) When is it interrupted? (1%)
SUGGESTED ANSWER: (c) Is A’s defense tenable? Explain. (3%)

Lito may be charged with murder qualified by (2010 Bar Exam)
the aggravating circumstance of treachery,
evident premeditation, and illegal possession SUGGESTED ANSWER:
of firearms. Section 6 of RA 9344 or the (a) Under Article 91 of the RPC, the
Juvenile Justice and Welfare Act exempts prescription of offenses begins to run
children above 15 but below 18 from criminal from the date of the commission of the
liability unless the same acted with crime. However, if the commission of
discernment, in which case, the child shall be the crime was unknown, prescription
subjected to the appropriate proceedings in begins to run from the date of its
accordance with JJWA. In this case, the facts discovery by the offended party, the
indicate that Lito acted with discernment in authorities, or their agents.
the means he employed and the acts he did
after committing the crime. It is also evident (b) The period of prescription shall be
that there was premeditation in the way he interrupted by the filing of the
waited for Brutus. However, the penalty complaint or information (Article 91,
imposed upon him must be graduated in RPC) or, otherwise stated, when “any
accordance with Article 68 of the RPC which kind of investigative proceeding is
grants a privileged mitigating circumstance in instituted against the guilty person
favor of minors. which may ultimately lead to his
prosecution” (Panaguiton, Jr. v. Dept. of
Extinction of Criminal Liability (as Justice, G.R. No. 167571, Nov. 25, 2008).
amended by R.A. No. 10592)
(c) No, the defense of prescription raised by
A is not tenable. Parricide which is
Article 90. Prescription of Crimes punishable by reclusion perpetua to
death prescribes after 20 years (Article
90, RPC). It was only when the bones
QUESTION. A killed his wife and buried her
were brought to the attention of the
in their backyard. He immediately went
authorities did the period of prescription
into hiding in the mountains.
begin to run. Further, the period of
prescription shall be suspended when
Three years later, the bones of A’s wife
the offender is absent from the
were discovered by X, the gardener. Since
Philippines. In this case, A left the
X had a standing warrant of arrest, he hid
country for 3 years. Since the crime was
the bones in an old clay jar and kept quiet
19
only discovered 5 years after its
commission and was suspended for 3 BOOK II (ARTICLES 114-365 OF THE RPC)
years, the crime has not yet prescribed AND RELATED SPECIAL LAWS
as the period of prescription is
equivalent to 7 years.
Crimes Against National Security and
Laws of Nations (Arts. 114-123)
Civil Liability in Criminal Cases
Article 114. Who May Commit Treason

Article 100. Civil Liability of a Person
Guilty of a Felony
QUESTION. Can the crime of treason be
committed only by a Filipino citizen?
QUESTION. The accused was found guilty
(a) Yes. The offender in the crime of
of 10 counts of rape for having carnal
treason is a Filipino citizen only
knowledge with the same woman. In
because the first element is that the
addition to the penalty of imprisonment,
offender owes allegiance to the
he was ordered to pay indemnity in the
Government of the Philippines.
amount of P50,000.00 for each count. On
(b) No. The offender in the crime of
appeal, the accused questions the award of
treason is either a Filipino citizen or a
civil indemnity for each count, considering
foreigner married to a Filipino citizen,
that the victim is the same woman. How
whether residing in the Philippines or
would you rule on the contention of the
elsewhere, who adheres to the
accused? Explain. (3%) (2005 Bar Exam)
enemies of the Philippines, giving
them aid or comfort.
SUGGESTED ANSWER:
(c) No. The offender in the crime of
There is no merit to the contention of the
treason is either a Filipino citizen or
accused. Every person criminally liable is
an alien residing in the Philippines
civilly liable (Article 100, RPC). Every count
because while permanent allegiance is
of rape corresponds to the consequent
owed by the alien to his own country,
criminal and civil liabilities since each count
he owes a temporary allegiance to
charges different felonious acts regardless of
the Philippines where he resides.
the identity of the victim. Thus, the accused
(d) Yes. It is not possible for an alien,
should be civilly liable for each count of rape.
whether residing in the Philippines or
elsewhere, to commit the crime of
treason because he owes allegiance to
his own country.(2012 Bar Exam)
SUGGESTED ANSWER:
(c) No. The offender in the crime of treason
is either a Filipino citizen or an alien residing
in the Philippines because while permanent
allegiance is owed by the alien to his own
country, he owes a temporary allegiance to
the Philippines where he resides.
QUESTION. Conspiracy to commit a felony

is punishable only in cases where the law
specifically provides a penalty. Which of
the following combinations contain specific
felonies under the Revised Penal Code?
(0.5%)
20
(a) Conspiracy to commit treason, could complete their fund-raising activities
conspiracy to commit rebellion, for the brothers, the AFP was able to
conspiracy to commit coup d'etat, reclaim- the island and defeat the
conspiracy to commit misprision of Ratute-led uprising.
treason.
(b) Conspiracy to commit rebellion, Ricalde and Riboli were charged with
conspiracy to commit coup d'etat, conspiracy to commit treason. During the
conspiracy to commit treason, hearing of the two cases, the government
conspiracy to commit sedition. only presented as witness, General
(c) Conspiracy to commit rebellion or Riturban, who testified on the activities of
insurrection, conspiracy to commit the Ratute brothers, Ricalde, and Riboli.
sedition, conspiracy to commit illegal
assemblies, conspiracy to commit Can Ricalde and Riboli be convicted of the
treason. crime of conspiracy to commit treason?
(d) Conspiracy to commit treason, (2.5%) (2018 Bar Exam)
conspiracy to commit sedition,
conspiracy to commit terrorism. SUGGESTED ANSWER:
(e) None of the above. (2013 Bar Exam) Ricalde and Riboli may not be convicted of
conspiracy to commit treason. Under the
SUGGESTED ANSWER: crime of conspiracy and proposal to commit
(b) Conspiracy to commit rebellion, treason, it is essential that the conspiracy
conspiracy to commit coup d'etat, conspiracy was committed in times of war (Article 115,
to commit treason, conspiracy to commit RPC). The type of war contemplated in this
sedition. article is that of an international armed
conflict. In this case, the war is merely an
QUESTION. The brothers Roberto and internal one. In addition, the crime was not
Ricardo Ratute, both Filipino citizens, led committed within the jurisdiction of the
a group of armed men in seizing a southern Philippine courts.
island in the Philippines, and declaring war
against the duly constituted government of
Article 123. Qualified Piracy
the country. The Armed Forces of the
Philippines (AFP), led by its Chief of Staff,
General Riturban, responded and a full QUESTION. The Royal S.S. Maru, a vessel
scale war ensued between the AFP and the registered in Panama, was 300 nautical
armed men led by the brothers. The armed miles from Aparri, Cagayan when its
conflict raged for months. engines malfunctioned. The Captain
ordered his men to drop anchor and repair
When the brothers-led armed men were the ship. While the officers and crew were
running out of supplies, Ricalde, also a asleep, armed men boarded the vessel and
Filipino, and a good friend and supporter took away several crates containing
of the Ratute brothers, was tasked to valuable items and loaded them in their
leave for abroad in order to solicit arms own motorboat. Before the band left, they
and funding for the cash-strapped planted an explosive which they detonated
brothers. He was able to travel to Rwanda, from a safe distance. The explosion
and there he met with Riboli, a citizen and damaged the hull of the ship, killed ten
resident of Rwanda, who agreed to help (10) crewmen, and injured fifteen (15)
the brothers by raising funds others.
internationally, and to send them to the
Ratute brothers in order to aid them in What crime or crimes, if any, were
their armed struggle against the Philippine committed? Explain. (5%) (2016 Bar Exam)
government. Before Ricalde and Riboli
21
SUGGESTED ANSWER:
Crimes Against Public Order (Arts.
The crime committed by the armed men is 134-160)
Qualified Piracy. Piracy is qualified if any of
the following are present: (1) Seizure of the
vessel by boarding or firing upon the same; Article 134. Rebellion or Insurrection
(2) Abandonment by pirates of victims
without means of saving themselves; or (3)
QUESTION. When committed outside the
Crime was accompanied by murder, homicide,
Philippine territory, our courts DO NOT
physical injuries, or rape. In this case, the
have jurisdiction over the crime of
armed men caused an explosion which killed
(a) Treason.
10 crewmen and injured 15 people. Thus, the
(b) Piracy.
piracy was qualified by the death and injuries
(c) Espionage.
caused by the explosion.
(d) Rebellion. (2011 Bar Exam)
The number of casualties is of no significance
SUGGESTED ANSWER:
as qualified piracy is considered a special
(d) Rebellion
complex crime (People v. Siyoh, G.R. No.
L-57292 February 18, 1986).
QUESTION. A proposal to commit a felony
is punishable only when the law
Crimes Against the Fundamental Laws of specifically provides a penalty for it as in
the State (Arts. 124-133) the case of proposal to commit:
(a) Rebellion.
(b) Sedition.
Article 128. Violation of domicile
(c) Espionage.
(d) Highway robbery (2011 Bar Exam)
QUESTION. What is the difference between
violation of domicile and trespass to SUGGESTED ANSWER:
dwelling? (2%) (2002 Bar Exam) (a) Rebellion.
SUGGESTED ANSWER: QUESTION. What is the proper charge

Violation of domicile is committed by a public against public officers or employees who,
officer or employee who is not authorized by being in conspiracy with the rebels, failed
judicial order to enter the dwelling and/or to resist a rebellion by all means in their
make a search therein for papers or other power, or shall continue to discharge the
effects. It is committed through any of the duties of their offices under the control of
following: (1) By entering any dwelling the rebels, or shall accept appointment to
against the will of the owner thereof; (2) By office under them?
searching papers or other effects found (a) Disloyalty of public officers or
therein without the previous consent of such employees.
owner; and (3) By refusing to leave the (b) Rebellion.
premises, after having surreptitiously entered (c) Conspiracy to commit rebellion.
said dwelling and after having been required (d) Dereliction of duty. (2012 Bar Exam)
to leave the same.
SUGGESTED ANSWER:
Trespass to dwelling is committed by a (b) Rebellion.
private person who enters the dwelling of
another against the owner’s will. QUESTION. What is the proper charge
against a person who, without taking arms
or being in open hostility against the
Government, shall incite others to deprive
22
Congress of its legislative powers, by (c) When persons rise publicly and
means of speeches or writings? tumultuously in order to prevent by
(a) Inciting to sedition. force the National Government from
(b) Inciting to rebellion or insurrection. freely exercising its function.
(c) Crime against legislative body; (d) When persons circulate scurrilous
(d) Unlawful use of means of publication libels against the Government which
or unlawful utterances. (2012 Bar tend to instigate others to meet
Exam) together or to stir up the people
against the lawful authorities. (2012
SUGGESTED ANSWER: Bar Exam)
(b) inciting to rebellion or insurrection;
SUGGESTED ANSWER:
QUESTION. What is the crime committed (b) When a person holding public employment
when a group of persons entered the undertakes a swift attack, accompanied by
municipal building rising publicly and strategy or stealth, directed against public
taking up arms in pursuance of the utilities or other facilities needed for the
movement to prevent exercise of exercise and continued possession of power
governmental authority with respect to the for the purpose of diminishing state power.
residents of the municipality concerned for
the purpose of effecting changes in the QUESTION. If a group of persons belonging
manner of governance and removing such to the armed forces makes a swift attack,
locality under their control from allegiance accompanied by violence, intimidation and
to the laws of the Government? threat against a vital military installation
(a) Sedition. for the purpose of seizing power and
(b) Coup d'etat; taking over such installation, what crime
(c) Insurrection or crimes are they guilty of?
(d) Public disorder. (2012 Bar Exam)
If the attack is quelled but the leader is
SUGGESTED ANSWER: unknown, who shall be deemed the leader
(c) Insurrection thereof? (2002 Bar Exam)
SUGGESTED ANSWER:
The perpetrators, being persons belonging to
Article 134-A. Coup d'etat; How
the Armed Forces, would be guilty of the
committed
crime of coup d'etat, under Art. 134-A of the
RPC, as amended, because their attack was
QUESTION. How is the crime of coup d'etat against vital military installations which are
committed? essential to the continued possession and
(a) By rising publicly and taking arms exercise of governmental powers, and their
against the Government for the purpose is to seize power by taking over such
purpose of depriving the Chief installations.
Executive of any of his powers or
prerogatives. The leader being unknown, any person who in
(b) When a person holding public fact directed the others, spoke for them,
employment undertakes a swift signed receipts and other documents issued in
attack, accompanied by strategy or their name, or performed similar acts, on
stealth, directed against public behalf of the group shall be deemed the
utilities or other facilities needed for leader of said coup d'etat (Art. 135, RPC).
the exercise and continued possession
of power for the purpose of
diminishing state power.
23
Reyes, who was then conducting classes and
Article 148. Direct Assault
thus exercising authority; and another one for
the violence on the student, Dencio, who
QUESTION. X, Y and Z agreed among came to the aid of the said professor.
themselves to attack and kill A, a police
officer, but they left their home-made guns By express provision of Article 152, in relation
in their vehicle before approaching him. to Article 148 of the RPC, teachers and
professors of public or duly recognized
What crime have they committed? private schools, colleges and universities in
(a) Conspiracy to commit indirect assault. the actual performance of their professional
(b) Attempted direct assault. duties or on the occasion of such
(c) Conspiracy to commit direct assault. performance are deemed persons in authority
(d) Illegal possession of firearms. for purposes of the crimes of direct assault
and of resistance and disobedience in Articles
SUGGESTED ANSWER: 148 and 151 of said Code. And any person
d) Illegal possession of firearms. who comes to the aid of persons in authority
shall be deemed an agent of a person in
QUESTION. What is the proper charge authority. Accordingly, the attack on Dencio
against a group of four persons who, is, in the eyes of the law, an attack on an
without public uprising, employ force to agent of a person in authority, not just an
prevent the holding of any popular attack on a student.
election?
(a) Sedition; QUESTION. Bernardo was enraged by his
(b) Disturbance of public order; conviction for robbery by Judge Samsonite
(c) Grave coercion; despite insufficient evidence. Pending his
(d) Direct assault. appeal, Bernardo escaped in order to get
even with Judge Samsonite. Bernardo
SUGGESTED ANSWER: learned that the judge regularly slept in
(d) Direct assault. his mistress' house every weekend. Thus,
he waited for the judge to arrive on
QUESTION. Miss Reyes, a lady professor, Saturday evening at the house of his
caught Mariano, one of her students, mistress. It was about 8:00 p.m. when
cheating during an examination. Aside Bernardo entered the house of the
from calling Mariano's attention, she mistress. He found the judge and his
confiscated his examination booklet and mistress having coffee in the kitchen and
sent him out of the room, causing Mariano engaging in small talk. Without warning,
extreme embarrassment. Bernardo stabbed the judge at least 20
times. The judge instantly died.
In class the following day, Mariano
approached Miss Reyes and without any Prosecuted and tried, Bernardo was
warning, slapped her on the face. Mariano convicted of direct assault with murder.
would have inflicted grave injuries on Miss Rule with reasons whether or not the
Reyes had not Dencio, another student, conviction for direct assault with murder
intervened. Mariano then turned his ire on was justified, and whether or not the trial
Dencio and punched him repeatedly, court should appreciate the following
causing him injuries. aggravating circumstances against
What crime or crimes, if any, did Mariano Bernardo, to wit: (1) disregard of rank and
commit? (7%) (2013 Bar Exam) age of the victim, who was 68 years old;
(2) dwelling; (3) nighttime; (4) cruelty; and
SUGGESTED ANSWER: (5) quasi-recidivism. (10%)
Mariano committed two (2) counts of direct
assault: one for slapping the professor, Miss
24
SUGGESTED ANSWER: QUESTION. The baptism of A was
Attacking Judge Samsonite by reason of past solemnized by B, an ecclesiastical minister,
performance of duty of convicting Bernardo in the absence of C, one of the godparents.
based on his assessment of the evidence Upon request of the mother of A, B caused
constitutes qualified direct assault (U.S. v. the inclusion of the name of C in the
Garcia, G.R. No. 6820, October 16, 1911). baptismal certificate of A as one of the
Since the single act of attacking Judge godparents and allowed a proxy for C
Samsonite constitutes direct assault and during the baptismal ceremony. What is
murder qualified by the circumstance of the criminal liability, if any, of the
treachery, the two shall be merged together ecclesiastical minister?
to form a complex crime of direct assault (a) The ecclesiastical minister is
with murder (People v. Estonilo, Jr., G.R. No. criminally liable for falsification of
201565, October 13, 2014; People v. Dural, baptismal certificate by causing it to
G.R. No. No. 84921, June 8, 1993; People v. appear that C participated in the
Riuorta, G.R. No. 57415, December 15, 1989). baptismal ceremony when he did not
in fact participate.
Disregard of rank, being inherent in direct (b) The ecclesiastical minister is not
assault, is absorbed. Disregard of age shall criminally liable because the insertion
not be considered for lack of showing of of the name of C in the baptismal
intent to offend or insult the age of Judge certificate will not affect the civil
Samsonite (People v. Onabia, G.R. No. status of A.
128288, April 20, 1999). (c) The ecclesiastical minister is not
criminally liable because he is not a
Dwelling and nighttime shall not be public officer, employee or notary.
appreciated because the presence of (d) The ecclesiastical minister is not
treachery in the instant case absorbs these criminally liable because he did not
aggravating circumstances. take advantage of his official position
nor cause damage to a third party
The crime is not aggravated by cruelty simply (2012 Bar Exam)
because Judge Samson sustained 10 stab
wounds. For cruelty to be considered as an SUGGESTED ANSWER:
aggravating Circumstance, it must be proven (b) The ecclesiastical minister is not
that in inflicting several stab wounds on the criminally liable because the insertion of the
victim, the perpetrator intended to name of C in the baptismal certificate will
exacerbate the pain and suffering of the not affect the civil status of A.
victim. The number of wounds inflicted on
the victim Is not proof of cruelty (Simangan v. QUESTION. The wife of AAA predeceased
People G.R. No. 157984 July 8, 2004). Unless his mother-in-law. AAA was accused of
there is proof that when the second or defrauding his mother-in-law under a
subsequent stabs were made, the Judge was criminal information for estafa, but the
still alive, there is no cruelty to speak of. actual recital of facts of the offense
charged therein, if proven, would
Crimes Against Public Interest (Arts. constitute not only the crime of estafa, but
161-187) also falsification of public document as a
necessary means for committing estafa.
AAA invokes the absolutory cause of
Article 171. Falsification by public relationship by affinity. Which statement
officer, employee or notary or is most accurate?
ecclesiastic minister (a) The relationship by affinity created
between AAA and the blood relatives
of his wife is dissolved by the death of
25
his wife and the absolutory cause of mail matter (Marcelo v. Sandiganbayan). He
relationship by affinity is therefore no may also be charged with forgery under
longer available to AAA. Article 169(2), RPC because there was a
(b) The death of a spouse does not sever material alteration on a genuine document
the relationship by affinity which is an (Luis B. Reyes, The Revised Penal Code,
absolutory cause available to AAA for Volume II, p. 198, 16th Ed., [2006] citing U.S.
estafa through falsification of public v. Solito, 36 Phil. 785.) He may be charged
document. with falsification under Article 171(1) and (2),
(c) If AAA commits in a public document RPC, because he counterfeited the signatures
the act of falsification as a necessary to make it appear that the payees signed the
means to commit estafa, the money order and received payment. In People
relationship by affinity still subsists v. Villanueva, the Supreme Court held that
as an absolutory cause for estafa the mail carrier is guilty of malversation and
which should be considered separately falsification. In U.S. v. Gorospe, the Supreme
from the liability for falsification of Court ruled that the crime is infidelity in the
public document because there is no custody of documents.
specific penalty prescribed for the
complex crime of estafa through
Article 178. Using fictitious name and
falsification of public document.
concealing true name
(d) Considering that under the given
situation, the two (2) crimes of estafa
and falsification of public document QUESTION. What is the criminal liability, if
are not separate crimes but any, of AAA who substitutes for a prisoner
component crimes of the single serving sentence for homicide by taking his
complex crime of estafa and place in jail or penal establishment?
falsification of public document, the (a) AAA is criminally liable for delivering
absolutory cause of relationship by prisoner from jail and for using
affinity is not available to AAA. (2012 fictitious name.
Bar Exam) (b) AAA is criminally liable as an
accessory to the crime of homicide by
SUGGESTED ANSWER: assisting in the escape or concealment
(d) Considering that under the given of the principal of the crime.
situation, the two (2) crimes of estafa and (c) AAA is criminally liable for infidelity
falsification of public document are not in the custody of prisoners.
separate crimes but component crimes of the (d) AAA is criminally liable for
single complex crime of estafa and misrepresentation or concealing his
falsification of public document, the true name. (2011, 2012 Bar Exam)
absolutory cause of relationship by affinity is
not available to AAA. SUGGESTED ANSWER:
(a) AAA is criminally liable for delivering
QUESTION. Upon opening a letter prisoner from jail and for using fictitious
containing 17 money orders, the mail names.
carrier forged the signatures of the payees
on the money order and encashed them. QUESTION. When can a Filipino citizen
What crime or crimes did the mail carrier residing in this country use an alias
commit? Explain briefly. ( 6% ) (2008 Bar legally? Give 3 instances. 2.5% (2006 Bar
Exam) Exam)

The mail carrier can be charged with An alias may be legally used:
qualified theft since the property stolen is 1. As pseudonyms in cinema and other
entertainment fields.
26
2. As a pen name in a literary composition mayor. Raissa and Juan had their first
or work; sexual intercourse later in the evening.
3. As a pseudonym in television and radio
broadcasting (Ursua v. Court of Appeals, What crime or crimes, if any, did Raissa
256 SCRA 147 [1996]; Sections 1 and 2, commit? Explain briefly. (7%) (2008 Bar
R.A. No. 6085.) Exam)
SUGGESTED ANSWER:
Article 183. False Testimony in Other
Raissa committed bigamy for contracting a
Cases and Perjury in Solemn Affirmation
second marriage while her first marriage is
still subsisting (Article 349, RPC.)
QUESTION. AA knowingly and wilfully
induced BB to swear falsely. BB testified as She is also guilty of perjury for making
told in a formal hearing of an untruthful statements under oath or
administrative case under circumstances executing an affidavit upon a material
rendering him guilty of perjury. Is AA matter, when she declared that she was not
criminally liable? married in the application for a marriage
(a) AA is not criminally liable because his license which is a public document (Article
act constitutes subornation of perjury 171, RPC.)
which is not expressly penalized in the
Revised Penal Code. Lastly, she is also guilty of adultery (Article
(b) AA is not criminally liable because he 333, RPC) for having sexual intercourse with
was not the one who gave false Juan, although she is a married woman.
testimony in the administrative case.
(c) AA is not criminally liable because the
Comprehensive Firearms and Ammunition
witness suborned testified in an
Regulation Act (RA 10591)
administrative case only.
(d) AA is criminally liable for perjury as
principal by inducement with BB as QUESTION. Wielding loose firearms, Rene
the principal by direct participation. and Roan held up a bank. After taking the
(2011 Bar Exam) bank's money, the robbers ran towards
their getaway car, pursued by the bank
SUGGESTED ANSWER: security guards. As the security guards
(d) AA is criminally liable for perjury as were closing in on the robbers, the two
principal by inducement with BB as the fired their firearms at the pursuing
principal by direct participation. security guards. As a result, one of the
security guards was hit on the head
QUESTION. Raissa and Martin are married causing his immediate death.
to each other but have been separated for
the last five years. For the taking of the bank's money and
killing of the security guard with the use of
Raissa decided to wed Juan, her suitor. loose firearms, the robbers were charged
Who had no inkling that she was married. in court in two separate informations, one
for robbery with homicide attended by the
Raissa and Juan accomplished an aggravating circumstance of use of loose
application for a marriage license which firearms, and the other for illegal
they subscribed and sworn to before the possession of firearms.
Local Civil Registrar. Raissa declared, in
the application, that she is single. Are the indictments correct? (5%) (2018 Bar
Exam)
The marriage license was issued. In due
time, the couple were married by the
27
SUGGESTED ANSWER: (b) Use and possession of dangerous
No, only the indictment for Robbery with drugs.
Homicide is correct; whereas the indictment (c) Possession of dangerous drugs.
of Illegal Possession of Firearms is incorrect. (d) Importation of dangerous drugs.
Under the Revised Penal Code, Robbery with (e) None of the above. (2013 Bar Exam)
Homicide is a special complex crime, where
the offender’s principal intention is to SUGGESTED ANSWER:
commit robbery and Homicide merely serves (c) Possession of dangerous drugs.
as an incident of the primary intention. In
this case, Rene and Roan’s primary purpose QUESTION. Robin and Rowell are best
was to rob the bank and it was only when friends and have been classmates since
they were being chased by the security grade school. When the boys graduated
guards did they shoot one in the head. from high school, their parents gifted them
Therein, Homicide was committed only on with a trip to Amsterdam, all expenses
occasion of the robbery. Thus, the conviction paid. At age 16, this was their first
of the crime of Robbery with Homicide is European trip. Thrilled with a sense of
correct. freedom, they decided to try what
Amsterdam was known for. One night, they
On the other hand, the indictment for Illegal scampered out of their hotel room, went to
Possession of Firearms is not correct since the the De Wallen, better known as the
use of a loose firearm, when it is inherent in Red-light District of Amsterdam. There,
the commission of a crime punished under they went to a "coffee shop" which sells
the provisions of RPC, will be merely only drinks and various items made from
considered as an aggravating circumstance opium poppy, cannabis, and marijuana, all
and not as a separate crime (People v. of which are legal in Amsterdam. They
Gaborne, G.R. No. 210710, July 27, 2016). represented themselves to be of age, and
Thus, Rene and Roan cannot be held liable for were served, and took shots of, cannabis
the separate crime of Illegal Possession of and marijuana products. They indulged in
Firearms. these products the whole night, even if it
was their first time to try them.
Crimes Relative to Opium and Other Before returning to Manila, they bought a
Prohibited Drugs dozen lollipops laced with cannabis, as
souvenirs and "pasalubong" for their
friends. They were accosted at the Manila
Comprehensive Dangerous Drugs Act of International Airport and were charged
2002 (R.A. No. 9165 as amended by R.A. with importation of dangerous drugs under
No. 10640)
the Comprehensive Dangerous Drugs Act of
2002. They were also charged with use of
QUESTION. George, the 20-year old son of dangerous drugs after pictures of them in
a rich politician, was arrested at the NAIA the "coffee shop" in Amsterdam were
arrival lounge and found positive for posted on Facebook, showing them smoking
opium, a dangerous drug. When arrested, and taking shots of a whole menu of
15 grams of cocaine were found in his cannabis and marijuana products. Their
backpack. own captions on their Facebook posts
clearly admitted that they were using the
What offense would you charge George dangerous products. The pictures were
under R.A. No. 9160 (Comprehensive posted by them through Private Messenger
Dangerous Drugs Act)? (1%) (2013 Bar (PM) only for their close friends, but
Exam) Roccino, the older brother of one of their
(a) Use of dangerous drugs. best friends, was able to get hold of his
28
younger brother's password, and without controlled precursors and essential
authority from his brother, accessed his PM chemicals is punishable under Philippine
and shared Robin and Rowell's Amsterdam laws. In order to establish the crime of
photos on Facebook. importation of dangerous drugs, it must
be shown that the dangerous drugs are
(a) Can Robin and Rowell be prosecuted brought to the Philippines from a foreign
for use of dangerous drugs for their country.
one-night use of these products in
Amsterdam? (2.5%) In this case, Robin and Rowell brought
lollipops laced with cannabis to the
(b) Can they be prosecuted for Philippines. Thus, they can be charged
importation of dangerous drugs? with the crime under RA 9165.
(2.5%) Therefore, they can be prosecuted for
the importation of dangerous drugs.
(c) If found liable under either (a) or (b)
above, what is the penalty that may (c) Under Section 15 of RA 9165, a person
be imposed on them? (2.5%) apprehended or arrested, who is found
to be positive for use of any dangerous
(d) Can Roccino be prosecuted for the act drug, after a confirmatory test, shall be
of accessing and sharing on Facebook imposed a penalty of a minimum of six
the private pictures sent by PM to his (6) months rehabilitation in a
brother? If yes, for what crime? (2.5%) government center for the first offense,
(2018 Bar Exam) subject to the provisions of Article VIII,
Section 54, a drug dependent may be
SUGGESTED ANSWER: placed under the care of a
(a) No, Robin and Rowell cannot be DOH-accredited physician where
prosecuted for the use of dangerous offender is below 18 years of age and is
drugs for their one-night use of these a first-time offender and
products in Amsterdam. non-confinement in a Center will not
pose a serious danger to his/her family
The principle of Territoriality of Criminal or the community.
law provides that the Philippine has
jurisdiction over crimes committed in In this case, the accused are both
the Philippine territory except only as minors. In the case of People v.
those provided in the treaties and laws Montalaba, the penalty of life
of preferential application. imprisonment for illegal possession of
dangerous drugs committed by a minor,
In this case, Robin and Rowell use which is treated as reclusion perpetua,
dangerous drugs in Amsterdam, a place shall be graduated to reclusion temporal
outside the Philippine Territory. because of the privileged mitigating
circumstance of minority.
Therefore, Robin and Rowell cannot be
prosecuted for the use of dangerous (d) Yes, Roccino can be prosecuted for the
drugs for their one-night use of these act of accessing and sharing on Facebook
products in Amsterdam. the private pictures sent by PM to his
brother.
(b) Yes, they can be prosecuted for
importation of dangerous drugs. R.A 10175 provides that it is illegal for
someone to access social media accounts
Under Section 4 (1) of RA 9165, without the proper authority or consent
Importation of dangerous drugs and/or of the owner of that account.
29
SUGGESTED ANSWER:
In this case, Roccino violated RA 10175 (a) No, the chain of custody procedure was
when he accessed his brother’s Facebook not validly complied with.
account and shared the photos without
the latter’s authority. Under the Comprehensive Dangerous
Drugs Act of 2002, the arresting officer
QUESTION. After a successful entrapment must photograph and inventory the
operation by the Philippine Drug dangerous drugs and it must be done in
Enforcement Agency, Mr. D, a known drug the presence of 4 witnesses.
pusher, was arrested on January 15, 2019
for having been caught in flagrante delicto In this case, the prosecution argued
selling a pack of shabu, a prohibited drug, that the presence of any other witness
to the poseur-buyer. Consequently, Mr. D was unnecessary because of the present
was frisked by the arresting officer, and of the media. This act of the prosecution
aluminum foils, plastic lighters, and violates the very intent of the
another plastic sachet of shabu were Comprehensive Dangerous Drugs Act of
obtained from him. The items were marked 2002.
immediately upon confiscation, and they
were likewise inventoried and The deviation was not justified because
photographed at the place of arrest. the presence of the media is not enough
Throughout the process, a media to satisfy the rules in chain of custody.
representative was able to witness the
conduct of the marking, inventory, and (b) Unjustified deviation from the chain of
photography of the seized items in the custody rule to the criminal case will
presence of Mr. D. lead to the dismissal of the criminal case
against Mr. D.
Mr. D was then charged with the crimes of
Illegal Sale and Illegal Possession of
Crimes Committed by Public Officers
Dangerous Drugs. In defense, he lamented (Arts. 203-245)
that the chain of custody procedure under
Section 21, ArticleII of the Comprehensive
Dangerous Drugs Act of 2002, as amended, Article 210. Direct Bribery
was not followed because only a media
representative was present. In response,
QUESTION. A public officer who
the prosecution maintained that the said
immediately returns the bribe money
media representative was a very credible
handed over to him commits:
reporter and as such, the presence of any
(a) No crime.
other witness was unnecessary.
(b) Attempted bribery.
(c) Consummated bribery.
(a) Was the chain of custody procedure
(d) Frustrated bribery. (2011 Bar Exam)
validly complied with in this case? If
not, was the deviation from such
SUGGESTED ANSWER:
procedure justified? Explain. (3%)
(a) No crime.
(b) What is the consequence of an
QUESTION. Direct bribery is a crime
unjustified deviation from the chain of
involving moral turpitude. From which of
custody rule to the criminal case
the following elements of direct bribery
against Mr. D? Explain. (2%) (2019 Bar
can moral turpitude be inferred?
Exam)
(a) The offender receives a gift by himself
or through another.
(b) The offender is a public officer.
30
(c) The offender takes a gift with a view evidence entrusted to him in his official
to committing a crime in exchange. capacity.
(d) The act which the offender agrees to
perform or which he executes is (b) No. Article 211 of the Revised Penal
connected with his official duties. Code provides that any public officer
(2011 Bar Exam) who shall accept gifts offered to him by
reason of his office shall be liable for
SUGGESTED ANSWER: indirect bribery. In the case at bar, the
(c) The offender takes a gift with a view to money was not delivered to Patrick
committing a crime in exchange. simply as a gift or present by reason of
his public office. He accepted the money
QUESTION. During a PNP buy-bust in consideration for the destruction of
operation, Cao Shih was arrested for the drug.
selling 20 grams of methamphetamine
hydrochloride (shabu) to a poseur-buyer. (c) Yes. Section 3 (e) of RA 3019 provides
Cao Shih, through an intermediary, paid that any public officer causing any
Patrick, the Evidence Custodian of the PNP undue injury to any party, including the
Forensic Chemistry Section, the amount of Government, or giving any private party
P500,000 in consideration for the any unwarranted benefits, advantage or
destruction by Patrick of the drug. Patrick preference in the discharge of his
managed to destroy the drug. State with official administrative or judicial
reasons whether Patrick committed the functions through manifest partiality,
following crimes: evident bad faith or gross inexcusable
(a) Direct bribery negligence is in violation of RA 3019. In
(b) Indirect bribery the case at bar, Patrick, by receiving a
(c) Section 3 (e) of R.A. 3019 (Anti-Graft consideration for the destruction of the
and Corrupt Practices Act) drug, caused undue injury to the
(d) Obstruction of Justice under P.D. 1829 government through evident bad faith,
(2005 Bar Exam) giving unwarranted benefit to the
offender by destroying evidence of a
SUGGESTED ANSWER: crime.
Patrick committed the crimes of direct
bribery under Article 210 of the Revised Penal (d) Yes. Obstruction of justice under Section
Code, Violation of Section 3 (e) of the Anti- 1 (b) of P.D. 1829 is committed by
Graft and Corrupt Practices Act (RA3019) and destroying evidence intended to be used
Obstruction of Justice under Section 1 (b) of in official proceedings in criminal cases.
PD 1829. In the case at bar, Patrick destroyed the
drug which was supposed to be the
(a) Yes. Under Article 210 of the Revised evidence of the crime committed by Cao
Penal Code, Direct Bribery is committed Shih. Hence, Patrick is liable for
when any public officer who shall agree obstruction of justice under Section 1 (b)
to perform an act constituting a crime, of PD 1829.
in connection with the performance of
this official duties, in consideration of QUESTION. Malo, a clerk of court of a trial
any offer, promise, gift or present court, promised the accused in a drug case
received by such officer, personally or pending before the court, that he would
through the mediation of another. Direct convince the judge to acquit him for a
bribery was committed by Patrick when, consideration of P5 million. The accused
for a consideration of P500,000.00, he agreed and delivered the money, through
committed a violation of PD 1829 by his lawyer, to the clerk of court.
destroying the drugs which were
31
The judge, not knowing of the deal, accountable, permits any other person
proceeded to rule on the evidence and through abandonment to take such public
convicted the accused. (4%) funds or property?
(a) The public officer commits
Malo was charged with violation of Section malversation.
3(b), Republic Act (R.A.) No. 3019, which (b) The public officer commits technical
prohibits a public officer from directly or malversation.
indirectly requesting or receiving any gift, (c) The public officer commits the crime
present, share percentage or benefit of failure of accountable or
wherein the public officer, in his official responsible officer to render accounts.
capacity, has to intervene under the law. (d) The public officer commits the crime
He was later charged also with indirect of failure to make delivery of public
bribery under the Revised Penal Code. funds or property. (2012 Bar Exam)
Malo claims he can no longer be charged
under the Revised Penal Code for the same SUGGESTED ANSWER:
act under R.A. 3019. Is he correct?(2014 (a) The public officer commits malversation.
Bar Exam)
SUGGESTED ANSWER: QUESTION. To aid in the rebuilding and

No. One may be charged with violation of RA revival of Tacloban City and the
No. 3019 in addition to a felony under the surrounding areas that had been
Revised Penal Code for the same delictual devastated by the strongest typhoon. to
act, either concurrently or subsequent to hit the country in decades, the Government
being charged with a felony under the and other sectors, including NGOs, banded
Revised Penal Code. This is very clear from together in the effort. Among the NGOs was
Section 3 of RA 3019. Also, RA 3019 is a Bagon Waray, Inc. (BaWI), headed by Mr.
special law, the elements of the crime are Jose Ma. Gulang, its President and CEO.
not the same as those punished under the BaWI operated mainly as a social
Revised Penal Code. amelioration and charitable institution.
For its activities in the typhoon-stricken
parts of Leyte Province, BaWI received
funds from all sources, local and foreign,
Article 217. Malversation of public funds
including substantial amounts from
or property; Presumption of malversation
legislators, local government officials and
the EU. After several months, complaints
QUESTION. In malversation of public funds, were heard about the very slow
the offender’s return of the amount distribution of relief goods and needed
malversed has the following effect: social services by BaWI. The COA reported
(a) It is exculpatory. the results of its audit to the effect that at
(b) It is inculpatory, an admission of the least P10 Million worth of funds coming
commission of the crime. from public sources channeled to BaWI
(c) The imposable penalty will depend on were not yet properly accounted for. The
what was not returned. COA demanded reimbursement but BaWI
(d) It is mitigating. (2011 Bar Exam) did not respond.
SUGGESTED ANSWER: Hence, Mr. Gulang was criminally charged

(d) It is mitigating. in the Office of the Ombudsman with
malversation of public funds and failure of
QUESTION. What crime is committed by a accountable officer to render accounts as
public officer who, having control of public respectively defined and punished by Art.
funds or property by reason of the duties 217 and Art. 218 of the Revised Penal
of his office and for which he is
32
Code. He was also· charged with violation public officer in committing this crime.
of Sec. 3(e) of R.A. No. 3019 for causing Hence, the charge against Mr. Gulang as
undue injury to the Government. In his a private individual without a
defense, Mr. Gulang mainly contended that co-accused, who is a public officer, is
he could not be held liable under the improper.
various charges because he was not a
public officer.
Article 220. Illegal Use of Public Funds or
Property (Technical Malversation)
(a) Who is a public officer? (2%)
(b) Discuss whether the crimes charged QUESTION. What crime is committed by a
against Mr. Gulang are proper. Explain public officer who, having control of public
your answer. (3%) (2017 Bar Exam) funds or property by reason of the duties
of his office and for which he is
SUGGESTED ANSWER: accountable, permits any other person
(a) Under Article 203 of the Revised Penal through abandonment to take such public
Code, any person who, by direct funds or property?
provision of the law, popular election or (a) The public officer commits
appointment by competent authority, malversation.
shall take part in the performance of (b) The public officer commits technical
public functions in the Government of malversation.
the Philippine Islands, or shall perform in (c) The public officer commits the crime
said Government or in any of its of failure of accountable or
branches public duties as an employee, responsible officer to render accounts.
agent or subordinate official. (d) The public officer commits the crime
of failure to make delivery of public
(b) No. Under Articles 217 and 218 of the funds or property. (2012 Bar Exam)
Revised Penal Code malversation and
failure to render accounting can only be SUGGESTED ANSWER:
committed by an accountable public (a) The public officer commits malversation.
officer. However, Article 222 of the
Revised Penal Code provides that the QUESTION. Governor A was given the
provisions on malversation and failure to amount of P10 million by the Department
render account shall apply to private of Agriculture for the purpose of buying
individuals who, in any capacity seedlings to be distributed to the farmers.
whatsoever, have charge of any national, Supposedly intending to modernize the
provincial or municipal funds, revenues farming industry in his province, Governor
or property. The charges, therefore, A bought farm equipment through direct
against Mr. Gulaog for malversation and purchase from XY Enterprise, owned by his
failure to render accounting are proper kumpare B, the alleged exclusive
although he is a private individual. distributor of the said equipment. Upon
Moreover, for the crime charged under inquiry, the Ombudsman discovered that B
RA 3019, As a general rule, a private has a pending patent application for the
individual can be held liable for violation said farm equipment. Moreover, the
of RA No. 3019 if he conspired with a equipment purchased turned out to be
public officer in committing this crime overpriced. What crime or crimes, if any,
(Go v. The Fifth Division, Sandiganbayan, were committed by Governor A? Explain.
G.R. No. 172602, April 13, 2007). (5%) (2016 Bar Exam)
However, there is no showing in this case
that a public officer violated RA No. SUGGESTED ANSWER:
3019 and Mr. Gulang conspired with that The crimes committed by Governor A were
(1) Technical Malversation and Violation of
33
Sections 3 (e) and (g) of Republic Act No. under Article 210 of the Revised Penal Code,
3019. because the two offenses are fundamentally
different and are punished in accordance
Technical malversation or illegal use of public with different legal theories. Whereas
funds or property as punished under Article violation of Sec. 3(b) of R.A. No. 3019 is a
220 of the revised penal code has three (3) malum prohibitum, the crime under Art. 210
elements: a) that the offender is an of the Code is a malum in se.
accountable public officer; b) that he applies
public funds or property under his QUESTION. Overjoyed by the award to his
administration to some public use; and c) firm of a multi-billion government contract
that the public use for which such funds or for the development of an economic and
property had been applied is different from tourism hub in the Province of Blank, Mr.
the purpose for which they were originally Gangnam allotted the amount of P100
appropriated by law or ordinance. (Parungao Million to serve as gifts for certain persons
v. Sandiganbayan G.R. No. 96025) instrumental in his firm's winning the
award. He gave 50% of that amount to
All elements are present in this case since Governor Datu, the official who had signed
Governor A is a public officer, the funds were the contract with the proper authorization
used for a public purpose which is to buy from the Sangguniang Panlalawigan; 25%
farm equipment, and lastly, the real intent of to Bokal Diva, the Sangguniang
the funds were to be used for seedlings Panlalawigan member who had lobbied for
different from the actual use of the funds. the award of the project in the
Therefore, technical malversation has been Sangguniang Panlalawigan; and 25% to
committed. Mayor Dolor of the Municipality where the
project would be implemented. Governor
Datu received his share through his wife,
Provincial First Lady Dee, who then
Anti-Graft and Corrupt Practices Act deposited the amount in her personal bank
(Secs. 2, 3, 4, 5, and 14 of R.A. No. account.
3019, as amended)
Previously, upon facilitation by Bokal Diva,
QUESTION. May a public officer charged Mr. Gangnam concluded an agreement with
under Section 3(b) of Republic Act No. 3019 Mayor Dolor for the construction of the
"directly or indirectly requesting or Blank Sports Arena worth ₱800 Million.
receiving any gift, present, share, The project was highly overpriced because
percentage or benefit, for himself or for it could be undertaken and completed for
any other person, in connection with any not more than ₱400 Million. For this
contract or transaction between the project, Mayor Dolor received from Mr.
government and any other party, wherein Gangnam a gift of ₱10 Million, while Bokal
the public officer in his official capacity Diva got ₱25 Million.
has to intervene under the law" also be
simultaneously or successively charged In both instances, Bokal Diva had her
with direct bribery under Article 210 of the monetary gifts deposited in the name of
Revised Penal Code? Explain. (4%) (2010 her secretary, Terry, who personally
Bar Exam) maintained a bank account for Bokal Diva's
share in government projects.
SUGGESTED ANSWER:
Yes, a public official charged under Section (a) May each of the above-named
3(b) of R.A. No. 3019 (Anti-Graft and Corrupt individuals be held liable for plunder?
Services Act) may also be charged Explain your answer. (4%)
simultaneously for the crime of direct bribery
34
(b) Define wheel conspiracy and chain (b) There are two structures of multiple
conspiracy. Is either or both kinds conspiracies, namely: wheel or circle
existent herein? Explain your answer. conspiracy and chain conspiracy. Under
(4%) the wheel or circle conspiracy, there is a
single person or group (the “hub”)
(c) What provisions of R.A. No. 3019 dealing individually with two or more
(Anti-Graft & Corrupt Practices Act), if other persons or groups (the “spokes”)
any, were violated by any of the (Fernan, Jr. v. People, G.R. No. 145927,
above-named individuals, specifying August 24, 2007). In wheel conspiracy
the persons liable therefore? Explain involving plunder, the hub or the
your answer. (4%) principal plunder amasses, accumulates
and acquires ill-gotten wealth in
(d) What crimes under the Revised Penal connivance with others or spokes. In
Code, if any, were committed, plunder, the hub or principal plunder
specifying the persons liable must be, and is, a public officer (GMA v.
therefore? Explain your answer. (4%) People, G.R. No. 220598, July 19, 2016);
(2017 Bar Exam) but the spokes can be a private
individual (Nerile v. People, G.R. No.
SUGGESTED ANSWER: 213455, August 11, 2015). In this case,
(a) The act of receiving P50 Million by there is no wheel conspiracy involving
Governor Datu in connection with any plunder. Mr. Gangnam cannot be
government contract or project for the considered as a hub since he is not a
development of an economic and public officer. Under the chain
tourism hub is a predicate crime of conspiracy, usually involving the
plunder. He is not liable, however, for distribution of narcotics or other
plunder. To be held liable for plunder, contraband, in which there is successive
the public officer must amass, communication and cooperation in much
accumulate or acquire ill-gotten wealth the same way as with legitimate
through a combination or series of overt business operations between
or criminal acts. The word manufacturer and wholesaler, then
“combination” means at least two wholesaler and retailer, and then
different predicate crimes; while the retailer and consumer (Fernan, Jr. v.
term “series” means at least two People, G.R. No. 14597, August 24,
different predicate crimes; while the 2007). There is a chain conspiracy
term “series” means at least two involving plunder in this case. Bokul Diva
predicate crimes of the same kind colluded with Mr. Gangnam in
(Ejercito v. Sandiganbayan, G.R. Nos. committing plunder, and then, he
157294095, November 30, 2006). A conspired with Mr. Gangnam in
single predicate crime amounting to 50 committing plunder, and then, he
million pesos is not plunder. The conspired with Terry, his secretary in
intention of the lawmakers is that if hiding his ill-gotten wealth, by allotting
there is only one predicate crime, the the proceeds of plunder under the
offender has prosecuted under the account of the latter. Because of the
particular crime which is already chain conspiracy, Bokal Diva, Mr.
covered by existing laws. Acts of Gangnam and Terry are all liable for
plunder, which are crimes that are plunder. Under RA No. 7080, any person
criminal according to the law, must who participated with the said public
involve at least two other offenses as officer in the commission of an offense
well. contributing to the crime of plunder
shall likewise be punished for such
offense.
35
Engr. A’s authorized drivers but the same
(c) Both kinds of conspiracy exist in this were never returned. Further, there
case. Wheel Conspiracy exists when Mr. were funds under City Engr. A’s custody
Gangnam deals individually with amounting to P10 million which were
Governor Datu, Bokal Diva and Mayor found to be missing and could not be
Dolor to commit an overt act. The Chain accounted for. In another project, he
Conspiracy also existed when Bokal Diva was instrumental in awarding a contract
facilitated the agreement between Mr. for the construction of a city school
Gangnam and Mayor Dolo for the building costing P10 million to a close
overpriced construction of the sports relative, although the lowest bid was P8
complex and Mr. Gangnam distributed million. Investigation also revealed that
gifts to both Bokal Diwa and Mayor Dolo. City Engr. A has a net worth of more
than P50 million, which was way beyond
(d) Governor Datu, Mayor Dolo and Bokal his legitimate income.
Diva are liable for indirect bribery under
Art. 211, RPC for receiving money from
Crimes Against Persons (Arts. 246-266)
Mr. Gangnam offered to change by
reason of their position as public officers
while the letter is liable for corruption Article 246. Parricide.
of public officers. Direct bribery is not
committed since there is no showing
that they received the money by virtue QUESTION. The key element in a crime of
of an agreement to commit a crime or parricide other than the fact of killing is
unjust act in connection with the the relationship of the offender to the
development of an economic and victim. Which one of the following
tourism hub and construction of the circumstances constitutes parricide?
Blank Sports Arena. The facts given (a) Offender killing the illegitimate
above merely showed receipt of gifts. daughter of his legitimate son.
Meanwhile, Mr. Gangnam is liable for (b) Offender killing his illegitimate
corruption of a public officer under grandson.
Article 212 of the RPC because of his act (c) Offender killing his common-law wife.
of giving gifts to the public officer under (d) Offender killing his illegitimate
Article 212 of the RPC because of his act mother. (2012 Bar Exam)
of giving gifts to the public officers. City
Engr. A, is the city engineer and the SUGGESTED ANSWER:
Chairman of the Bids and Awards (d) Offender killing his illegitimate mother.
Committee (BAC) of the City of Kawawa.
In 2009, the City of Kawawa, through an QUESTION. After a heated argument over
ordinance,allotted the amount of P100 his philandering, Higino punched on the
million for the construction of a road head his wife Aika, who was six and a half
leading to the poblacion. City Engr. A months pregnant. Because of the impact,
instead, diverted the construction of the Aika lost her balance, fell on the floor with
road leading to his farm. Investigation her head hitting a hard object. Aika died
further showed that he accepted money and the child was expelled prematurely.
in the amount of P10 million each from After thirty-six hours, the child died.
three (3) contending bidders, who
eventually lost in the bidding. Audit (a) What crime(s) did Higino commit?
report likewise showed that service Explain.
vehicles valued at P2 million could not
be accounted for although reports (b) Assuming that when the incident
showed that these were lent to City occurred, Aika was only six months
pregnant, and when she died, the
36
fetus inside her womb also died, will grave or less grave felonies would be a
your answer be different? Explain. complex crime.
(2015 Bar Exam)
Article 247. Death or Physical Injuries
SUGGESTED ANSWER:
Inflicted Under Exceptional
(a) Parricide was committed by Higino when
Circumstances.
he killed his wife. Under article 246 of
the Revised Penal Code, “Any person
who shall kill his father, mother, or QUESTION. Procopio, a call center agent
child, whether legitimate or assigned to a graveyard shift, went home
illegitimate, or any of his ascendants, or earlier than usual. He proceeded
descendants, or his spouse, shall be immediately to their bedroom to change
guilty of parricide.” Parricide is his clothes. To his surprise, he found his
committed given that Higino killed his wife Bionci in bed making love to another
wife, his spouse. woman Magna. Enraged, Procopio grabbed
a knife nearby and stabbed Bionci, who
The second crime committed for the died.
death of the child is infanticide since
Higino was responsible for the death of a (a) What crime did Procopio commit, and
child under 3 days of age. It would not what circumstance attended the case?
fall under unintentional abortion under Explain. (3%)
Article 257 because the child, who was
born alive, was already viable or capable (b) Assuming that Procopio and Bionci
of independent existence, his age being were common-law spouses, will your
six months and a half months and having answer be the same? Explain. (2%)
survived 36 hours from expulsion (U.S. v. (2015 Bar Exam)
Vedra, 12 Phil). The child is considered
born under article 41 of the civil code SUGGESTED ANSWER:
and would therefore not be considered (a) The crime committed by Procopio is
aborted. parricide under article 246 of the
revised penal code due to the presence
(b) Yes, my answer would change. The crime of relationship.The crime would not fall
for the death of a child would now be under article 247 of the revised penal
the complex crime of parricide and code which is on death under
unintentional abortion. The death of the exceptional circumstances, since the act
child as a result of the violence of sexual intercourse was done with
employed against Aika would another woman. The law would provide
consummate the crime of unintentional for the sexual intercourse has to be
abortion. The elements of unintentional committed which legally, cannot be done
abortion are as follows: (1) that there is by members of the same sex. However,
a pregnant woman; (2) that violence is the crime of parricide is attended by the
used upon such pregnant woman without mitigating circumstance of passion and
intending an abortion; (3) that the obfuscation due to him having caught his
violence is intentionally exerted; and (4) wife in the act of infidelity with another
that as a result of the violence the fetus woman (People v. Belarmino, G.R. No.
dies, either in the womb or after having L-4429, April 18, 1952, En Banc).
been expelled therefrom. (People v
Paycana G.R. No. 179035). The crime is (b) Yes, the answer would change. The
complexed resulting from one criminal crime now committed is Homicide. The
act and under article 48 it provides that word spouse contemplated under
a single act constitutes two or more parricide would refer to legally married
persons and not common law marriages
37
since the law is clear when it uses thereafter; and (3) he has not promoted
“legitimate spouse”. or facilitated the prostitution of his wife
or that he or she has not consented to
QUESTION. Jojo and Felipa are husband the infidelity of the other spouse. All of
and wife. Believing that his work as a the requisites of the crime have been
lawyer is sufficient to provide for the met and the law does not distinguish
needs of their family, Jojo convinced sexual intercourse between the same or
Felipa to be a stay-at-home mom and care different sex.
for their children. One day, Jojo arrived
home earlier than usual and caught Felipa (b) No. The crime of adultery is not
in the act of having sexual intercourse with committed. Under Article 333 of the
their female nanny, Alma, in their Revised Penal Code, adultery is
matrimonial bed. In a fit of rage, Jojo committed by any married woman who
retrieved his revolver from inside the shall have sexual intercourse with a
bedroom cabinet and shot Alma, “man” not her husband. The law is clear
immediately killing her. when it uses the word man and given
that Alma is a woman, adultery cannot
(a) Is Article 247 (death or physical be committed.
injuries inflicted under exceptional
circumstances) of the Revised Penal
Article 248. Murder
Code (RPC) applicable in this case
given that the paramour was of the
same gender as the erring spouse? QUESTION. Dagami concealed Bugna’s body
(2.5%) and the fact that he killed him by setting
Bugna’s house on fire. What crime or
(b) Is Felipa liable for adultery for having crimes did Dagami commit?
sexual relations with Alma? (2.5%) (a) Murder, the arson being absorbed
(2016 Bar Exam) already.
(b) Separate crimes of murder and arson.
SUGGESTED ANSWER: (c) Arson, the homicide being absorbed
(a) No, Art. 247 of the Revised Penal Code is already.
not applicable. For article 247 to apply (d) Arson with murder as a compound
it is necessary that the offender catches crime (2011 Bar Exam)
his or her spouse in the act of
committing sexual intercourse with SUGGESTED ANSWER:
another person. The act of sexual (b) Separate crimes of murder and arson.
intercourse requires the insertion of a
man’s sexual organ into that of a QUESTION. The aggravating circumstance
woman’s. Since the “sexual intercourse” of uninhabited place is aggravating in
here was between two women, the law murder committed
would not apply. (a) On a banca far out at sea.
(b) In a house located in a cul-de-sac.
ALTERNATIVE ANSWER: (c) In a dark alley in Tondo.
Yes, Art. 247 will apply. The requisites of (d) In a partly occupied condominium
Art. 247 are: (1) a legally married person building (2011 Bar Exam)
surprises his spouse in the act of
committing sexual intercourse with SUGGESTED ANSWER:
another person; (2) he or she kills any or (a) On a banca far out at sea.
both of them or inflicts upon any or both
of them any serious physical injury QUESTION. On hearing a hospital ward
“while in the act” or immediately patient on the next bed, shrieking in pain
38
and begging to die, Mona shut off the (a) GGG should be charged with two (2)
oxygen that was sustaining the patient, counts of murder.
resulting in his death. What crime if any (b) GGG should be charged with arson.
did Mona commit? (c) GGG should be charged with complex
(a) Homicide. crime of arson with double murder.
(b) Murder if she deliberated on her (d) GGG should be charged with complex
action. crime of double murder. (2012 Bar
(c) Giving Assistance to Suicide. Exam)
(d) Euthanasia. (2011 Bar Exam)
SUGGESTED ANSWER:
SUGGESTED ANSWER: (d) GGG should be charged with complex
(b) Murder if she deliberated on her action. crime of double murder.
QUESTION. What crime is committed by a QUESTION. At a wake, there were people

person who kills a three-day old baby? watching a game of dice. With treachery
(a) Infanticide; and use of unlicensed firearms, AA fired
(b) Homicide; successively several gunshots at their
(c) Murder; direction. During the shooting, four (4)
(d) Parricide. (2012 Bar Exam) persons were killed and fourteen (14)
others were injured and brought to the
SUGGESTED ANSWER: hospital for the treatment of gunshot
(c) Murder. wounds. What should be the proper charge
against AA?
(a) AA should be charged with multiple
QUESTION. What crime is committed by a murder and attempted murder.
person who kills his legitimate brother on (b) AA should be charged with four (4)
the occasion of a public calamity? counts of murder and fourteen (14)
(a) Parricide; counts of attempted murder.
(b) Homicide; (c) AA should be charged with four (4)
(c) Murder; counts of murder, fourteen (14) counts
(d) Death caused in a tumultuous affray. of serious physical injuries and illegal
(2012 Bar Exam) possession of firearms.
(d) AA should be charged with complex
SUGGESTED ANSWER: crime of murder and attempted
(c) Murder. murder with illegal possession of
firearms. (2012 Bar Exam)
QUESTION. What crime is committed when
a mother kills the three-day old child of SUGGESTED ANSWER:
her husband with their daughter? (b) AA should be charged with four (4) counts
(a) Parricide; of murder and fourteen (14) counts of
(b) Infanticide; attempted murder.
(c) Murder;
(d) Homicide. (2012 Bar Exam) QUESTION. Eddie brought his son Randy to
a local faith-healer known as "Mother
SUGGESTED ANSWER: Himala." He was diagnosed by the
(c) Murder. faith-healer as being possessed by an evil
spirit. Eddie thereupon authorized the
QUESTION. With intent to kill, GGG burned conduct of a "treatment" calculated to
the house where F and D were staying. F drive the spirit from the boy’s body.
and D died as a consequence. What is the Unfortunately, the procedure conducted
proper charge against GGG? resulted in the boy’s death.
39
(1) disregard of rank and age of the
The faith-healer and three others who victim, who was 68 years old;
were part of the healing ritual were (2) dwelling;
charged with murder and convicted by the (3) nighttime;
lower court. If you are an appellate court (4) cruelty; and
Justice, would you sustain the conviction (5) quasi-recidivism. (10%) (2017 Bar
upon appeal? Explain your answer. (10%) Exam)
(2007 Bar Exam)
SUGGESTED ANSWER:
SUGGESTED ANSWER: The crime would be the complex crime of
No, the conviction would not be sustained. direct assault and murder. Under the Revised
Although intent to kill is presumed in crimes Penal Code, the crime is complex since it
of homicide and murder, intent is not present resulted in 2 or more grave or less grave
from the given circumstances. The facts show felonies constituting one single act, which is
that the intent of Eddie was not to kill Randy the act of attacking Judge Samsonite.
but to heal him, there is no intent to kill. The Attacking judge samsonite by reason of his
proximate cause of Randy’s death was the past duties would constitute qualified direct
healing ritual done on him. The crime assault as there was 1) an attack, use of
committed by the healer and Eddie is reckless force, or serious intimidation or resistance
imprudence resulting in homicide. Since there upon a person in authority or his agent; 2) the
was an act which is voluntary, but without assault was made when the said person was
malice resulting in a grave offense by reason performing his duties or on the occasion of
of an inexcusable lack of precaution on the such performance; and 3) the accused knew
part of the person performing such act. that the victim is a person in authority or his
agent, that is, that the accused must have
QUESTION. Bernardo was enraged by his the intention to offend, injure or assault the
conviction for robbery by Judge Samsonite offended party as a person in authority or an
despite insufficient evidence. Pending his agent of a person in authority. (People v
appeal, Bernardo escaped in order to get Briones G.R. No. 226486). The crime of
even with Judge Samsonite. Bernardo murder was committed since it was attended
learned that the judge regularly slept in by treachery. By reason of the single act of
his mistress' house every weekend. Thus, attacking Judge Samsonite constitutes direct
he waited for the judge to arrive on assault and murder qualified by the
Saturday evening at the house of his treachery, it shall form a complex crime of
mistress. It was about 8:00 p.m. when direct assault with murder. (People v.
Bernardo entered the house of the Estonilo, Jr., G.R. No. 201565, October 13,
mistress. He found the judge and his 2014; People v. Dural, G.R. No. No. 84921,
mistress having coffee in the kitchen and June 8, 1993; People v. Riuorta, G.R. No.
engaging in small talk. Without warning, 57415, December 15, 1989).
Bernardo stabbed the judge at least 20
times. The judge instantly died. Disregard of rank, is inherent in the crime of
direct assault and will be absorbed. Disregard
Prosecuted and tried, Bernardo was of age shall likewise not be considered since
convicted of direct assault with murder. there is no proof of intent to offend or insult
Rule with reasons whether or not the the age of Judge Samsonite (People v.
conviction for direct assault with murder Onabia, G.R. No. 128288, April 20, 1999).
was justified, and whether or not the trial
court should appreciate the following Dwelling and nighttime cannot be
aggravating circumstances against appreciated either, since these two
Bernardo, to wit: circumstances would be absorbed in
treachery.
40
(a) Murder.
Treachery is appreciated since the essence of (b) Reckless imprudence resulting in
treachery is that the attack is deliberate and homicide.
without warning, done in a swift and (c) Homicide.
unexpected way, affording the hapless, (d) Impossible crime of homicide.
unarmed and unsuspecting victim no chance (e) None. (2013 Bar Exam)
to resist or escape (People v Rambo G.R. No.
224886). Judge Samsonite had no chance to SUGGESTED ANSWER:
resist or survive the 20 stabbings done (C ) Homicide
without warning to him.
QUESTION. If Rod killed Irene, his
The circumstance of cruelty cannot be illegitimate daughter, after taking her
appreciated due to the number of stab diamond earrings and forcing her to have
wounds.For cruelty to be considered as an sex with him, what crime/s should Rod be
aggravating circumstance, it must be proven charged with? (1%)
that in inflicting several stab wounds on the (a) Robbery and rape with parricide.
victim, the perpetrator intended to (b) Robbery, rape and parricide.
exacerbate the pain and suffering of the (c) Rape with homicide and theft.
victim. (Simangan v. People G.R. No. 157984 (d) Rape with homicide.
July 8, 2004). There was no proof that the (e) None of the above. (2013 Bar Exam)
Judge Samsonite survived the first stab or
that the succeeding stabs were intended to SUGGESTED ANSWER:
exacerbate his pain. (D) Rape with homicide
QUESTION. Pedro, Pablito, Juan and Julio,

Article 249. Homicide
all armed with bolos, robbed the house
where Antonio, his wife, and three (3)
QUESTION. X killed B, mistakenly believing daughters were residing. While the four
that she was his wife, upon surprising her were ransacking Antonio's house, Julio
having sex with another man in a motel noticed that one of Antonio's daughters
room. What is the criminal liability of X? was trying to escape. He chased and
(a) None since he killed her under caught up with her at a thicket somewhat
exceptional circumstances. distant from the house, but before bringing
(b) None since he acted under a mistake her back, raped her.
of fact.
(c) Parricide. (a) What crime or crimes, if any, did
(d) Homicide. (2011 Bar Exam) Pedro, Pablito, Juan and Julio commit?
Explain. (2.5%)
SUGGESTED ANSWER:
(d) Homicide. (b) Suppose, after the robbery, the four
took turns in raping the three
QUESTION. Out of spite and simply daughters inside the house, and, to
intending to put Gina to shame for prevent identification, killed the
breaking off with him, Ritchie emptied a whole family just before they left.
gallon of motor oil on the school's stairway What crime or crimes, if any, did the
where Gina usually passed. Gina, unaware four malefactors commit? (2.5%) (2016
of what Ritchie did, used the slippery Bar Exam)
stairway and slipped, hitting her head on
the stairs. Gina died from brain SUGGESTED ANSWER:
hemorrhage. (a) Julio is guilty for the special complex
crime of robbery with rape since he
What crime did Ritchie commit? (1%)
41
raped the daughter of Antonio on neighbor, Mrs. V. On the night of May 15,
occasion or by reason of robbery. It is 2010, Mr. R proceeded with his plan to
not a requirement that the place of enter Mrs. V's bedroom by breaking one of
robbery be different from where the the windows from the outside. Finding Mrs.
crime of rape is committed as long the V sound asleep, he silently foraged through
rape was done on occasion or by reason her cabinet, and stashed all the bundles of
of the robbery. (People v. Canastre, G.R. cash and jewelry he could find.
No. L-2055, 24 December 1948). The
crime of Rape has a direct connection to As Mr. R was about to leave, he heard Mrs.
the robbery as the victim of the rape V shout, "Stop or I will shoot you!", and
also happens to be the victim of the when he turned around, he saw Mrs. V
robbery and the robber was trying to cocking a rifle which had been pointed at
prevent her escape. him. Fearing for his life, Mr. R then lunged
at Mrs. V and was able to wrest the gun
Pedro, Pablito and Juan are liable for away from her. Thereafter, Mr. R shot Mrs.
robbery by band. Under the Revised V, which resulted in her death. Mr. R's
Penal Code, the crime is present when deeds were discovered on the very same
robbery is committed by 3 or more night as he was seen by law enforcement
armed malefactors. There are 4 of them. authorities fleeing the crime scene.
Under Article 296 of the Revised Penal
Code, any member of a band, who is What crime/s did Mr. R commit under the
present at the commission of a robbery Revised Penal Code? Explain (2.5%) (2019
by the band, shall be punished as Bar Exam)
principal of any of the assaults
committed by the band, unless it be SUGGESTED ANSWER:
shown that he attempted to prevent the Mr. R is liable for the crime of robbery with
same.(People v. Hamiana, G.R. Nos. homicide. Robbery and homicide is
L-3491-94, 30 May 1971). Pedro, Pablito committed since all the elements prescribed
will not be guilty of rape since they are met; a) the taking of personal property
were not present during the commission with the use of violence or intimidation
of the rape and no circumstances prove against the person; b) the property taken
they were aware of such crime nor did belongs to another; c) the taking is
they have the opportunity to prevent characterized by intent to gain or animus
such act.. They are only liable for lucrandi; and d) on the occasion or by reason
robbery by band (People v. Anticamaray, of the robbery, the crime of homicide, as
GR No. 178771, 8 June 2011). used it is generic sense, was committed.
There was the unlawful taking of property
(b) All four of them would be liable for the through the stealing of cash and jewelry and
special complex crime of robbery with on occasion or by reason of the robbery,
homicide.It is immaterial on the amount homicide was committed. It was not part of
of people killed in this special complex his criminal design to kill Mrs. V since it was
crime. As long as homicide is committed only done after finding out she would shoot
by reason or on occasion of the robbery, him. Therefore proving that the homicide was
they would be held liable under this committed on occasion or by reason of the
indivisible felony. The crimes of rape robbery.
would also be intergated in this special
complex crime.(People v. Diu, GR No.
201449, 3 April 2011)
QUESTION. In dire need of money, Mr. R

decided to steal from his next-door
42
Article 266-A. Rape: When And How
(b) Discuss the applicability of the
Committed
relevant aggravating circumstances of
dwelling, nocturnity and the use of the
QUESTION. A criminal action for rape is picklock to enter the room of the
extinguished when the offender is forgiven victim. (3%)
by
(a) The offender’s wife who herself is the (c) Would your answer to [a] be the same
rape victim. if, despite the serious stab wounds she
(b) His wife for having raped another sustained, Loretta survived? Explain.
woman. (3%) (2009 Bar Exam)
(c) The rape victim’s husband.
(d) The rape victim herself. (2011 Bar SUGGESTED ANSWER:
Exam) (a) Wenceslao committed these three (3)
crimes: (1) the special complex crime of
SUGGESTED ANSWER: rape with homicide; (2) theft; and (3)
(a) The offender’s wife who herself is the unlawful possession of picklocks and
rape victim. similar tools under Article 304, of the
Revised Penal Code (RPC).
QUESTION. Choose the correct
circumstance when a woman may be held Wenceslao committed the crime of rape
liable for rape: (0.5%) through the act of having carnal
(a) With the use of force or intimidation. knowledge with Loretta against her will
(b) When the rape is committed by two or and with the use of force and violence.
more persons. However, the killing of Loretta by reason
(c) When the offender uses an instrument of or on the occasion of the rape, gave
and inserts it in the mouth of the rise to the special complex crime of rape
victim. with homicide. Since the taking of the
(d) When she befriends and puts a jewelry was an afterthought, as it was
sleeping pill in the victim's drink to done when he was about to leave the
enable her husband to have room and when Loretta was already
intercourse with the victim. (2013 Bar dead, the same constitutes theft. His
Exam) possession and use of the picklock
“without lawful cause” is by itself
SUGGESTED ANSWER: punishable under Article 304 of the
(d) When she befriends and puts a sleeping Revised Penal Code (RPC).
pill in the victim's drink to enable her
husband to have intercourse with the victim. (b) Dwelling is aggravating because the
crimes were committed in the privacy of
QUESTION. Wenceslao and Loretta were Loretta’s room which, in law, is
staying in the same boarding house, considered as her dwelling. It is a
occupying different rooms. One late well-settled rule that “dwelling”
evening, when everyone in the house was includes a room in a boarding house
asleep, Wenceslao entered Loretta’s room being occupied by the offended party
with the use of a picklock. Then, with force where she enjoys privacy, peace of mind
and violence, Wenceslao ravished Loretta. and sanctity of abode.
After he had satisfied his lust, Wenceslao
stabbed Loretta to death and, before Nocturnity or night time is also
leaving the room, took her jewelry. aggravating because although it was not
purposely or especially sought after by
(a) What crime or crimes, if any, did Wenceslao, night time was obviously
Wenceslao commit? Explain. (4%)
43
taken advantage of by Wenceslao in Meanwhile, the police authorities were
committing the other crimes. Nocturnity tipped off that at 11:30 p.m. on that same
is aggravating when taken advantage of night Solito would be selling marijuana
by the offender during the commission outside the green-painted house. Acting on
of the crime thus facilitating the same, the tip, the PNP station of the town formed
according to the objective test. a buy-bust team with PO2 Masahol being
designated the poseur buyer. During the
The use of a picklock to enter the room buy-bust operation, Solito opened the
of the victim is not an aggravating trunk of the Toyota lnnova to retrieve the
circumstance under Article 14 of the bag of marijuana to be sold to PO2
Code but punished as a crime by itself Masahol. To cut the laces that he had tied
where the offender has no lawful cause the bag with, Solito took out a Swiss knife,
for possessing it, punished under Article but his doing so prompted PO2 Masahol to
304 of the Revised Penal Code (RPC). effect his immediate arrest out of fear
The use of picklocks is equivalent to that he would attack him with the knife.
force upon things in robbery with force PO2 Masahol then confiscated the bag of
upon things, under Article 302 of the marijuana as well as the Toyota lnnova.
Revised Penal Code (RPC).
Two informations were filed against Solito
(c) No, the answer will be different. The in the RTC - one for forcible abduction with
crimes committed would then be four rape, raffled to Branch 8 of the RTC; the
(4) separate crimes of: (1) rape; (2) other for illegal sale of drugs, assigned to
frustrated homicide or murder; (3) Branch 29 of the RTC. Was Solito charged
theft; and (4) unlawful possession of with the proper offenses based on the
picklocks and similar tools under Article circumstances? Explain your answer. (5%)
304, Revised Penal Code (RPC). (2017 Bar Exam)
In this case, there would be no special SUGGESTED ANSWER:

complex crime of rape with homicide, The prosecution was correct in charging
because it can only be constituted when Solito with forcible abduction. The following
both the rape and the killing are rules are observed in determining the correct
consummated. Otherwise, they are to be crime to charge the offender: (1) If the
charged as separate crimes. In any objective of the accused was to rape the
event, the possession of the picklock victim, the crime is rape and the crime of
“without lawful cause”, more so its use forcible abduction is absorbed (People vs.
in an unlawful entry, is punished as a Toledo, 83 Phil. 777 [1949]); (2) If forcible
crime by itself. abduction was a necessary means to commit
rape, then it would be a complex crime
QUESTION. Maita was the object of Solito's proper under Article 48 of the Revised Penal
avid sexual desires. Solito had attempted Code (People v. Jose G.R. No. L-28232,
many times to entice Maita to a date in February 6, 1971). In cases where the victim
bed with him but Maita had consistently is abducted with lewd designs and brought to
refused. Fed up with all her rejections, a house located in a desolate place where the
Solito abducted Maita around 7 p.m. one offender obtained carnal knowledge of the
night. With his cohorts, Solito forced Maita victim, the crime is rape through forcible
into a Toyota lnnova and drove off with abduction as the latter was a necessary
her to a green-painted house situated in a means to commit the crime of rape through
desolate part of the town. There, Solito forcible abduction (People v. Caraang, G.R.
succeeded in having carnal knowledge of Nos. 148424-27, December 11, 2003). In this
Maita against her will. case, Solito brought Maita to a green-painted
house situated in a desolate part of the town
44
by forcing her into a vehicle with lewd "battered woman's syndrome" as her
designs. Thus, Solito shall be liable for the defense.
crime of crime of rape through forcible
abduction. (a) Explain the "cycle of violence." (2.5%)
Anti-Violence Against Women and their (b) Is Julia's "battered woman syndrome"
Children Act of 2004 (Sections 3, 5, 8-16 defense meritorious? Explain. (2.5%)
and 26, R.A. No. 9262) (2016 Bar Exam)
SUGGESTED ANSWER:
QUESTION. A battered woman claiming
(a) The cycle of violence in battered woman
self-defense under the Anti-Violence
syndrome has three phases:
against Women and Children must prove
that the final acute battering episode was
The first phase is the tension building
preceded by
phrase. It is when some minimal
(a) 3 battering episodes.
battering occurs in the form of slight
(b) 4 battering episodes.
verbal or physical abuse.
(c) 5 battering episodes.
(d) 2 battering episodes. (2011 Bar Exam)
The second phase is the acute battering
incident. It is when major battering
SUGGESTED ANSWER:
resulted in serious physical injury or
(d) 2 battering episodes.
even death.
QUESTION. Romeo and Julia have been
The final phase is the tranquil, loving (or
married for twelve (12) years and had two
at least, non violent) phase. The phase
(2) children. The first few years of their
when violence ends.
marriage went along smoothly. However, in
the fifth year onwards, they would often
(b) Yes, Julia’s battered woman syndrome
quarrel when Romeo came home drunk. The
defense is meritorious.
quarrels became increasingly violent,
marked by quiet periods when Julia would
R.A 9262 provides that the defense of a
leave the conjugal dwelling. During these
Battered Woman can be used if the
times of quiet, Romeo would "court" Julia
woman in a marital relationship is
with flowers and chocolate and convince
experiencing abuse or battery involving
her to return home, telling her that he
the infliction of physical harm resulting
could not live without her; or Romeo would
in physical and psychological or
ask Julia to forgive him, which she did,
emotional distress. In the case of People
believing that if she humbled herself,
v. Genosa, GR 135981, there must be
Romeo would change. After a month of
two battering episodes between the
marital bliss, Romeo would return to his
accused and her intimate partner, and
drinking habit and the quarrel would start
such a final episode produced in the
again, verbally at first, until it would
battered woman's mind an actual fear of
escalate to physical violence.
imminent harm from her batterer.
One night, Romeo came home drunk and
In this case, Julia has the anxiety and
went straight to bed. Fearing the onset of
fear of engaging in another violent fight
another violent fight, Julia stabbed Romeo
and she believes that she has to protect
while he was asleep. A week later, their
herself from unlawful aggression from
neighbors discovered Romeo's rotting
her partner.
corpse on the marital bed. Julia and the
children were nowhere to be found. Julia
was charged with parricide. She asserted
45
Therefore, Julia’s battered woman’s The elements of the crime under R.A No.
syndrome defense is meritorious. 9262 are as follows: (1) The offended
party is a woman and/or her child or
QUESTION. For the past five years, Ruben children, (2) The woman is either the
and Rorie had been living together as wife or former wife of the offender, or s
husband and wife without the benefit of a woman with whom the offender has or
marriage. Initially, they had a happy had a sexual or dating relationship, or is
relationship which was blessed with a a woman with whom such offender has a
daughter, Rona, who was born on March 1, common child. As for the woman's child
2014. However, the partners' relationship or children, they may be legitimate or
became sour when Ruben began indulging illegitimate, or living within or without
in vices, such as women and alcohol, the family abode; (3) The offender
causing frequent arguments between them. causes on the woman and/or child
Their relationship got worse when, even mental or emotional anguish; and (4)
for slight mistakes, Ruben would lay his The anguish is caused through acts of
hands on Rorie. One day, a tipsy Ruben public ridicule or humiliation, repeated
barged into their house and, for no reason, verbal and emotional abuse, denial of
repeatedly punched Rorie in the stomach. financial support or custody of minor
To avoid further harm, Rorie ran out of the children or access to the children or
house. But Ruben pursued her and stripped similar such acts or omissions.
her naked in full view of their neighbors;
and then he vanished. In this case, Ruben beats and punches
Rolie in the stomach. These acts cause
Ten days later, Ruben came back to Rorie mental and emotional anguish to
and pleaded for forgiveness. However, Rolie.Therefore, Ruben violates Section
Rorie expressed her wish to live separately 5(i) of RA No. 9262.
from Ruben and asked him to continue
providing financial support for their (b) Ruben violated Section 5 (3) of RA 9262,
daughter Rona. At that time, Ruben was which provides for economic abuse.
earning enough to support a family. He
threatened to withdraw the support he was Under this provision, the deprivation or
giving to Rona unless Rorie would agree to denial of financial support to the child is
live with him again. But Rorie was considered an act of violence against
steadfast in refusing to live with Ruben women and children. In case of Melgar
again, and insisted on her demand for v. People, GR No. 223477, February 18,
support for Rona. As the ex-lovers could 2018, the accused's denial thereof, by
not reach an agreement, no further itself, already a form of economic
support was given by Ruben. abuse.
What crimes did Ruben commit: In this case, the act of Ruben constitutes
(a) For beating and humiliating Rorie? economic abuse when he actually
(2.5%) refuses to support his wife financially.
Therefore, Ruben violates Section 5 (3)
(b) For withdrawing support for Rona? of RA 9262, which provides for economic
(2.5%) (2018 Bar Exam) abuse.
SUGGESTED ANSWER:
Special Protection of Children Against
(a) Ruben violated Section 5(i) of RA No.
Abuse, Exploitation, and Discrimination
9262. Act (Secs. 3, 5, 6, 7, 8, 9, and 12 of R.A.
No. 7610 as amended by RAs Nos. 11648
and 9231)
46
distraction, as he was fond of bullying
QUESTION. Arnold, 25 years of age, was classmates smaller in size than him.
sitting on a bench in Luneta Park watching
the statue of Jose Rizal when, without his One morning, Reymart, a 7-year old pupil,
permission, Leilani, I7 years of age, sat cried loudly and complained to Mrs.
beside him and asked for financial Robinson that Richard had boxed him on
assistance, allegedly for payment of her the ear. Confronted by Mrs. Robinson about
tuition fee, in exchange for sex. While they Reymart's accusation, Richard sheepishly
were conversing, police operatives admitted the same. Because of this, Mrs.
arrested and charged him with violation of Robinson ordered Richard to lie face down
Section l 0 of RA 76 I 0 (Special Protection on a desk during class. After Richard
of Children against Child Abuse, obliged, Mrs. Robinson hit him ten (10)
Exploitation and Discrimination Act), times on the legs with a ruler and pinched
accusing him of having in his company a his ears. Richard ran home and reported to
minor, who is not related to him, in a his mother what he had suffered at the
public place. It was established that Arnold hands of Mrs. Robinson. When Richard's
was not in the performance of a social, parents went to Mrs. Robinson to complain,
moral and legal duty at that time. she interposed the defense that she merely
performed her duty as a teacher to
Is Arnold liable for the charge? Explain. discipline erring pupils.
(5%) (2016 Bar Exam)
Richard's parents ask your advice on what
actions can be instituted against Mrs.
SUGGESTED ANSWER: Robinson for acts committed on their minor
No, Arnold is not liable. Under Sec 10 of RA child.
7610, any person who shall keep or have in
his company a minor, 12 years or under or (a) May Mrs. Robinson be charged with
who is 10 years or more his junior in any child abuse OR slight physical injuries?
public or private place, hotel, motel, beer (2.5%)
joint, discotheque, cabaret, pension, sauna
or massage parlor, beach and/or other tourist (b) May Mrs. Robinson be charged with
resort or similar places is liable for child child abuse AND slight physical
abuse. injuries? (2.5%) (2018 Bar Exam)
In this case, Leilani is 17 years of age, and

only 8 years younger than Arnold. Moreover, SUGGESTED ANSWER:
Leilani sat beside Arnold without his (a) Yes, Mrs. Robinson should be charged
permission, hence, he is not in the company with child abuse.
of a child in a public place. Lastly, applying
the ejusdem generis principle, Arnold is not Under Section 3 of RA 7610, child abuse
liable for child abuse because Luneta is not a is maltreatment as an act, through
place similar to hotel, motel, beer, joint, deeds or words, that debases, degrades,
discotheque, cabaret, pension house, sauna or demeans the intrinsic worth and
or massage parlor, beach and/or other tourist dignity of a child as a human being.
resort. Therefore, Arnold is not liable.
In the case at bar, Mrs. Robinson was
guilty of child abuse when he hit Richard
QUESTION. Mrs. Robinson is a teacher at (10) times on the legs with a ruler and
an elementary school. In one of her classes, pinched his ears. This act degraded and
she found, to her consternation, that an demeaned Richard’s intrinsic worth and
8-year old Richard was always the cause of dignity as a human being.
47
What crime/s did Felipe, Julio, Roldan, and
Therefore, Mrs. Robinson should be Lucio commit and what was their degree of
charged with child abuse. participation? (7%) (2013 Bar Exam)
(b) No. Mrs. Robinson cannot be charged SUGGESTED ANSWER:

with both crimes for the same act. Felipe, Julio, Roldan and Lucio are all liable
for the special complex crime of kidnapping
The Constitute prohibited double and serious illegal detention with rape. The
jeopardy wherein a person cannot be facts of the case proved that the four
subjected twice to criminal liability for a accused kidnapped Mildred and held her in
single criminal act. detention for five days and carnally abused
her. However, the resultant crime is only one
In the case of People v. Abay, the proper kidnapping with rape despite the numerous
crime to be charged in this case is child acts of rape committed in the special
abuse, having established that all its complex crime of kidnapping with rape. In
elements are present; hence, the charge cases like this one, the composite acts are
of slight physical injuries cannot prosper. regarded only as a single indivisible offense
with only one penalty. Moreover, in the case
Therefore, No. Mrs. Robinson cannot be at hand, the offense is not forcible abduction
charged with both crimes for the same with rape since the facts provide that the
act. intent is to detain the victim.
As to their degree of participation, all of

Crimes Against Personal Liberty and
Security (Arts. 267-292) them are principally liable. This is because of
the implied conspiracy shown through the
fact that they acted toward a single criminal
Article 267. Kidnapping and Serious design or purpose (People v. Mirandilla, Jr.,
Illegal Detention G.R. No. 186417, July 27, 2011). Even though
Lucio was not around when the sexual assault
took place, his complicity is still evident as
QUESTION. While walking alone on her way
he was the one who drove the tricycle and
home from a party, Mildred was seized at
returned everyday to bring food and news to
gunpoint by Felipe and taken on board a
his cohorts.
tricycle to a house some distance away.
Felipe was with Julio, Roldan, and Lucio,
QUESTION. Angelino, a Filipino, is a
who drove the tricycle.
transgender who underwent gender
At the house, Felipe, Julio, and Roldan
reassignment and had implants in different
succeeded in having sexual intercourse
parts of her body. She changed her name to
with Mildred against her will and under the
Angelina and was a finalist in the Miss Gay
threat of Felipe's gun. Lucio was not
International. She came back to the
around when the sexual assaults took place
Philippines and while she was walking
as he left after bringing his colleagues and
outside her home, she was abducted by
Mildred to their destination, but he
Max and Razzy who took her to a house in
returned everyday to bring food and the
the province. She was then placed in a
news in town about Mildred's
room and Razzy forced her to have sex
disappearance. For five days, Felipe, Julio
with him at knife's point. After the act, it
and Roldan kept Mildred in the house and
dawned upon Razzy that Angelina is
took turns in sexually assaulting her. On
actually a male. Incensed, Razzy called
the 6th day, Mildred managed to escape;
Max to help him beat Angelina.
she proceeded immediately to the nearest
police station and narrated her ordeal.
48
The beatings that Angelina received efficacious way by helping him beat the
eventually caused her death. What crime latter.
or crimes, if any, were committed? Explain.
(5%) (2016 Bar Exam)
Article 269. Unlawful arrest
SUGGESTED ANSWER:
Razzy committed the crime of kidnapping
with homicide. In this case, abducting QUESTION. A police officer surreptitiously
Angelino cannot have been deemed as placed a marijuana stick in a student’s
forcible abduction because the victim in the pocket and then arrested him for
crime of forcible abduction must be a possession of marijuana cigarettes. What
woman. Gender reassignment will not make crime can the police officer be charged
him a woman within the meaning of Article with?
342 of the Revised Penal Code. Moreover, it (a) None, as it is a case of entrapment
was not shown that at the time the abduction (b) Unlawful arrest
was committed it was with lewd design; (c) Incriminating an innocent person
hence, his abduction constitutes illegal (d) Complex crime of incriminating an
detention. Since Angelino, the victim, was innocent person with unlawful arrest
killed during his detention, the crime (2011 Bar Exam)
constitutes kidnapping and serious illegal
detention with homicide under Article 267. SUGGESTED ANSWER:
(d) Complex crime of incriminating an
There was no crime of rape through sexual innocent person with unlawful arrest.
intercourse in this case since the victim in
this crime must be a woman. In the case at QUESTION. What is the crime committed by
hand, the victim here was a man. This act is any person who, without reasonable
not rape through sexual assault either, ground, arrests or detains another for the
because Razzy did not insert his penis into purpose of delivering him to the proper
the anal orifice or mouth of Angelino or an authorities?
instrument or object into anal orifice or (a) Unlawful arrest;
genital orifice. Hence, this act constitutes (b) Illegal detention;
acts of lasciviousness under Article 336 of the (c) Arbitrary detention;
Revised Penal Code. Since the acts of (d) Grave coercion. (2012 Bar Exam)
lasciviousness is committed by reason or
occasion of kidnapping, it will be integrated SUGGESTED ANSWER:
into one and indivisible felony of kidnapping (a) Unlawful arrest.
with homicide (People v. De Leon, GR No.
179943, June 26, 2009; People v. Jugueta, QUESTION. What is the criminal liability, if
G.R. No. 202124, April 05, 2016; People v. any, of a police officer who, while Congress
Laog, G.R. No. 178321, October 5, 2011; was in session, arrested a member thereof
People v. Laog, G.R. No. 178321, October 5, for committing a crime punishable by a
2011; People v. Larranaga, 138874-75, penalty higher than prision mayor?
February 3, 2004). (a) The police officer is criminally liable
for violation of parliamentary
Max committed the crime of kidnapping with immunity because a member of
homicide as an accomplice. This is because Congress is privileged from arrest
he agreed and concurred in the criminal while Congress is in session.
design of Razzy that constituted the (b) The police officer is criminally liable
deprivation of Angelino his liberty and for disturbance of proceedings
supplied the former material aid in an because the arrest was made while
Congress was in session.
49
(c) The police officer incurs no criminal
Crimes Against Property (Articles
liability because the member of 293-332)
Congress has committed a crime
punishable by a penalty higher than
prision mayor. Article 294. Robbery with Homicide
(d) The police officer is criminally liable
for violation of parliamentary
QUESTION. Pedro, Pablito, Juan and Julio,
immunity because parliamentary
all armed with bolos, robbed the house
immunity guarantees a member of
where Antonio, his wife, and three (3)
Congress complete freedom of
daughters were residing. While the four
expression without fear of being
were ransacking Antonio's house, Julio
arrested while in regular or special
noticed that one of Antonio's daughters
session. (2012 Bar Exam)
was trying to escape. He chased and
caught up with her at a thicket somewhat
SUGGESTED ANSWER:
distant from the house, but before bringing
(c) The police officer incurs no criminal
her back, raped her.
liability because the member of Congress has
committed a crime punishable by a penalty
(a) What crime or crimes, if any, did
higher than prision mayor.
Pedro, Pablito, Juan and Julio commit?
Explain. (2.5%)
QUESTION. A, B, C and D are members of
the police department of a municipality.
(b) Suppose, after the robbery, the four
Conspiring with one another, they arrested
took turns in raping the three
E, without reasonable purpose of
daughters inside the house, and, to
delivering him to the proper authorities by
prevent identification, killed the
imputing to E the crime of bribery.
whole family just before they left.
What crime or crimes, if any, did the
While E was being investigated by A, B, C
four malefactors commit? (2.5%) (2016
and D, one of them placed a marked five
Bar Exam)
hundred peso bill, together with the money
taken from E, to make it appear that E, an
SUGGESTED ANSWER:
employee of the Office of the Local Civil
(a) Julio committed the special complex
Registrar, agreed to perform an act not
crime of robbery with rape. He raped
constituting a crime in connection with the
the daughter of Antonio on occasion or
performance of E's duties, which was to
by reason of the robbery. The crime is
expedite the issuance of a birth
still robbery with rape since what is
certificate. What is the crime committed
important is the direct connection
by A, B, C and D?
between the two crimes, even if the
(a) A, B, C and D committed incriminatory
place of robbery is different from that of
machination through unlawful arrest.
rape. (People v Canastre, GR L-2055).
(b) A, B, C and D committed intriguing
Rape was not separate by distance and
against honor with unlawful arrest.
time from the robbery.
(c) A, B, C and D committed slight illegal
detention.
(b) Pedro, Pablito and Juan committed the
(d) A, B, C and D committed corruption of
crime of robbery with a band. In this
public official. (2012 Bar Exam)
case, there is a band because more than
three armed malefactors took part in
SUGGESTED ANSWER:
the commission of the robbery. Under
(a) A, B, C and D committed incriminatory
Article 296 of the Revised Penal Code
machination through unlawful arrest.
(RPC), any member of a band, who is
present at the commission of a robbery
50
by the band, shall be punished as victim is supervened by mere accident.
principal of any of the assaults It is sufficient that a homicide resulted
committed by the band, unless it be by reason of or on the occasion of the
shown that he attempted to prevent the robbery. Moreover, Art. 4 (1) of the
same. The assault mentioned in Article Revised Penal Code (RPC) provides that a
296 includes rape (People v Hamina, GR person incurs criminal liability even
L-3491-94). However, they cannot be though the wrongful act done is
liable for the crime of rape under Article different from that which he intended,
296, because they were not present or what is legally known as aberratio
when the victim was raped, having no ictus. In the case at hand, even if
opportunity to prevent the same. Ramiro, the responding policeman, was
Therefore, they are only liable for the one intended to be killed by Rico,
robbery committed by a band (People v his killing of the woman depositor
Anticamaray, GR 178771). instead of Ramiro on the occasion of
robbery still constitutes robbery with
QUESTION. Rico, a hit man, positioned homicide.
himself at the rooftop of a nearby building
of a bank, to serve as a lookout for Red (b) No, their defense is not meritorious.
and Rod while the two were robbing the From the facts of the case, it is apparent
bank, as the three of them had previously that Red, Rod, and Rico conspired to
planned. Ramiro, a policeman, responded commit the crime of robbery. When two
to the reported robbery. Rico saw Ramiro or more persons come to an agreement
and, to eliminate the danger of Red and concerning the commission of a felony
Rod being caught, pulled the trigger of his and decide to commit it, conspiracy
rifle, intending to kill Ramiro. He missed as exists. Conspiracy may be inferred from
Ramiro slipped and fell down to the the acts of the accused before, during,
ground. Instead, a woman depositor who and after the commission of the crime
was coming out of the bank was fatally which indubitably point to and are
shot. After their apprehension, Rico, Red, indicative of a joint purpose, concert of
and Rod were charged with the special action and community of interest. It is
complex crime of robbery with homicide. not required that there be an agreement
Rico's defense was that he never intended for an appreciable period prior to the
to shoot and kill the woman, only Ramiro. occurrence; it is sufficient that at the
Red and Rod's defense was that they were time of the commission of the offense,
not responsible for the death of the woman the malefactors had the same purpose
as they had no participation therein. and were united in its execution.
(a) Is Rico's defense meritorious? (2.5%) In conspiracy, the act of one is the act of
all. In the case of People v. Dela Cruz,
(b) Is Red and Rod's defense meritorious? the Court ruled that whenever homicide
(2.5%) (2018 Bar Exam) has been committed as a consequence of
or on the occasion of a robbery, all those
SUGGESTED ANSWER: who took part as principals in the
(a) No, Rico’s defense is not meritorious. robbery will also be held guilty as
Robbery with homicide can exist in principals of the special complex crime
whatever the manner of killing is and of robbery with homicide although they
even if the person killed is a bystander did not actually take part in the
and not the person intended. The Court homicide, unless it clearly appears that
ruled in the case of People v. they endeavored to prevent the
Mangulabnan, that robbery with homicide. In the case at hand, Rod and
homicide exists even if the death of the Red did not try to prevent the shooting
51
of the woman depositor, thus their intimidation of person or force upon
cooperative acts toward their common things was employed in the taking; and
criminal objective render them equally (4) there were more than three armed
liable as conspirators. malefactors taking part in the
commission of the robbery (Art. 296 in
relation to Art. 294, Revised Penal Code)
Article 295. Robbery with Physical
Injuries, Committed in an Uninhabited
(b) No, my answer will be different. The
Place and by a Band.
crime would then become robbery with
homicide and all the fraternity brothers
QUESTION. The crime of robbery in an would have been liable. The existence of
inhabited house or public building is a band shall only be taken into
mitigated when the offenders consideration as a generic aggravating
(a) Entered the house using false keys. circumstance. Moreover, the same would
(b) Although armed did not fire their only be taken as a generic aggravating
weapons. circumstance as provided by the Rep.
(c) Entered through a window without Act No. 8294 if the firearms used were
breaking it. unlicensed (People v. Bolinguet, G.R.
(d) Although armed took property valued Nos. 137949-52, December 11, 2003).
at only P200. (2011 Bar Exam)
Article 308. Who are liable for theft

SUGGESTED ANSWER:
(d) Although armed took property valued at
only P200. QUESTION. What crime is committed by a
person who, having found a ring, fails to
QUESTION. Christopher, John, Richard, and deliver the same to the owner or to the
Luke are fraternity brothers. To protect local authorities?
themselves from rival fraternities, they all (a) The finder commits theft.
carry guns wherever they go. One night, (b) The finder commits concealment.
after attending a party, they boarded a (c) The finder commits qualified theft.
taxicab, held the driver at gunpoint and (d) The finder commits usurpation of
took the latter’s earnings. property. (2012 Bar Exam)
(a) What crime, if any, did the four SUGGESTED ANSWER:

commit? Enumerate the elements of (a) The finder commits theft.
the crime. (2%)
QUESTION. Francis Garcia, a Jollibee
(b) Would your answer be the same if they waiter, found a gold bracelet in front of his
killed the driver? Explain. (2%) (2010 working place in Makati and, upon
Bar Exam) inspecting it, saw the name and address of
the owner engraved on the inside.
SUGGESTED ANSWER: Remembering his parents' admonition that
(a) The crime committed is robbery by a he should not take anything which does not
band. Here, four (4) offenders acted in belong to him, he delivered the bracelet to
concert in committing the robbery and PO1 Jesus Reyes of the Makati Quad
all the four malefactors were armed. precinct with the instruction to locate the
The elements of robbery by a band are owner and return it to him. PO1 Reyes,
as follows: (1) unlawful taking of instead, sold the bracelet and
personal property belonging to another misappropriated the proceeds. Subsequent
(shown, in this case, through the events brought out the fact that the
earnings of the taxi-driver); (2) intent to bracelet was dropped by a snatcher who
gain in the taking; (3) violence against or had grabbed it from the owner a block
52
away from where Francis had found it and The crime committed by A is carnapping. A
further investigation traced the last cannot anymore be held liable for the
possessor as PO1 Reyes. Charged with provisions on qualified theft or robbery
theft, PO1 Reyes reasoned out that he had (People v Bustinera, GR 148233). However,
not committed any crime because it was the concept of carnapping is the same as that
not he who had found the bracelet and, of robbery and theft. Hence, rules applicable
moreover, it turned out to have been to theft or robbery can also be applied to the
stolen. Resolve the case with reasons. crime of carnapping (People v. Asamuddin,
(10%) (2001 Bar Exam) G.R No. 213913).
SUGGESTED ANSWER: In theft, the unlawful taking should be

PO1 Reyes committed the crime of theft. understood within the Spanish concept of
Under the Revised Penal Code, it is enough apoderamiento. In order to constitute
that the bracelet belonged to another and apoderamiento, the physical taking must be
the failure to restore the same to its owner is coupled with the intent to appropriate the
characterized by intent to gain. Hence, object, which means intent to deprive the
Reyes’ contention that he has not committed lawful owner of the thing, whether
any crime because he was not the one who permanently or temporarily (People v
found the bracelet and the same turned out Valenzuela, G.R No. 160188).
to be stolen is devoid of merit. Further, it is
considered furtive misappropriation with In this case, A, without the consent of B, took
intent to gain when Reyes was selling the the car with intent to temporarily deprive
bracelet that does not belong to him and that him of the car. Although the taking was
he only held it to be delivered to its owner. temporary and for a joy ride, the Supreme
Where a finder of a lost or mislaid item hands Court in People v Bustinera, ruled that which
over to another the said item for delivery to which holds that when a person, either with
the owner, the person to whom such item is the object of going to a certain place, or
entrusted and who accepts the same assumes learning how to drive, or enjoying a free ride,
the relation of the finder to the owner as if takes possession of a vehicle belong to
he was the actual finder. If he another, without the consent of its owner, he
misappropriated it, he is guilty of theft. is guilty of theft because by taking possession
(People v. Avila, 44 Phil. 720) of the personal property belong to another
and using it, his intent to gain is evident since
QUESTION. A is the driver of B's Mercedes he drives therefrom utility, satisfaction,
Benz car. When B was on a trip to Paris, A enjoyment and pleasure.
used the car for a joy ride with C whom he
is courting. Unfortunately, A met with an
Article 310. Qualified Theft
accident. Upon his return, B came to know
about the unauthorized use of the car and
sued A for qualified theft. B alleged that A QUESTION. Isabel, a housemaid, broke into
took and used the car with intent to gain a pawnshop intent on stealing items of
as he derived some benefit or satisfaction jewelry in it. She found, however, that the
from its use. On the other hand, A argued items of jewelry were in a locked chest.
that he has no intent of making himself the Unable to open it, she took the chest out of
owner of the car as he in fact returned it the shop. What crime did she commit?
to the garage after the joy ride. What (2011 Bar Exam)
crime or crimes, if any, were committed? (a) Robbery in an uninhabited place or in
Explain. (5%) (2016 Bar Exam) a private building.
(b) Theft.
SUGGESTED ANSWER: (c) Robbery in an inhabited house or
public building.
(d) Qualified theft.
53
SUGGESTED ANSWER:
Article 315. Swindling (estafa)
(a) Robbery in an uninhabited place or in a
private building.
QUESTION. Removing, concealing or
destroying documents to defraud another
QUESTION. Domingo is the caretaker of constitutes the crime of estafa if
two (2) cows and two (2) horses owned by committed by
Hannibal. Hannibal told Domingo to lend (a) Any public officer.
the cows to Tristan on the condition that (b) A public officer officially entrusted
the latter will give a goat to the former with the document.
when the cows are returned. Instead, (c) Private individuals who executed the
Tristan sold the cows and pocketed the same.
money. Due to the neglect of Domingo, one (d) Private individuals. (2011 Bar Exam)
of the horses was stolen. Knowing that he
will be blamed for the loss, Domingo SUGGESTED ANSWER:
slaughtered the other horse, got the meat, (d) Private individuals.
and sold it to Pastor. He later reported to
Hannibal that the two horses were stolen. QUESTION. What crime is committed by
one who defrauds another by taking undue
What crime or crimes, if any, were advantage of the signature of the offended
committed by Domingo? Explain. (2.5%) party in a blank check and by writing the
(2016 Bar Exam) payee and amount of the check to the
prejudice of the offended party?
SUGGESTED ANSWER: (a) Estafa with unfaithfulness or abuse of
Qualified theft was committed. Domingo confidence;
committed qualified theft under Art 308 of (b) Estafa by false pretense;
the RPC. Tristan received the horse in the (c) Estafa through fraudulent means;
concept of the owner, but his possession is (d) Estafa by other deceits. (2012 Bar
merely physical or de facto since Tristan is an Exam)
employee of Hannibal. The act of Domingo in
slaughtering the horse that he physically SUGGESTED ANSWER:
possessed and then selling its meat to Pastor (a) Estafa with unfaithfulness or abuse of
is considered as theft, which is taking with confidence.
intent to gain without the consent of the
owner (Balerta v. People, GR 205144). Theft QUESTION. Who among the following is
in this case is qualified by abuse of liable for estafa?
confidence (Yongco v. People, GR 209373). (a) The seller of a laptop computer who
failed to inform the buyer that the
Domingo also violated the Anti-Cattle Rustling laptop had a defect.
Law (PD 533). Cattle rustling is defined as the (b) The person who ran away with a cell
taking away by any means or method, without phone which was handed to him upon
the consent of the owner/raiser, of large his pretense that he had to make an
cattle that includes cows and horses, whether emergency call.
for profit or gain, or whether committed with (c) The person who assured he will pay
or without violence against or intimidation or interest on the amount but failed to
any person or force upon things. Castle do so as promised.
rustling includes the killing or large cattle or (d) The son who induced his father to buy
taking its meat or hide without the consent of from him a land which the son is no
the owner/raiser. longer the owner (2012 Bar Exam)
54
SUGGESTED ANSWER: estafa committed by postdating a check,
(a) The seller of a laptop computer who or issuing a check in payment of an
failed to inform the buyer that the laptop had obligation without sufficient funds in the
a defect. bank; and (2) Violation of B.P. 22 or the
Bouncing Checks Law.
QUESTION. Anthony drew a promissory
note and asked his terminally-ill and dying (a) Can he be held liable under both
business partner Ben to sign it. The actions? (2.5%)
promissory note bound Ben to pay Anthony
One Million Pesos (P1,000,000) plus 12% (b) If the check is presented for payment
interest, on or before June 30, 2011. after four (4) months, but before it
becomes stale, can the two actions
If Ben died before the promissory note's still proceed? (2.5%) (2018 Bar Exam)
due date and Anthony still collected SUGGESTED ANSWER:
P1,000,000 with interest from Ben's (a) Yes, Rashid can be held liable under both
estate, what crime/s did Anthony commit? actions. The filing of cases under BP 22
(1%) (2013 Bar Exam) and estafa simultaneously does not
(a) Falsification of a public document. amount to double jeopardy. This is
(b) Falsification of a private document because both laws have different
and estafa. elements, as follows: (1) a dishonored
(c) Estafa. check’s drawer may be convicted under
(d) Estafa thru falsification of a private BP 22 even if he had issued the same for
document. a preexisting obligation, whereas in
(e) None of the above. estafa under the RPC, such circumstance
negates criminal liability; (2) there are
SUGGESTED ANSWER: different penalties imposed in both
(c) Estafa. offenses; (3) estafa is a crime against
property, whereas a violation of BP 22 is
QUESTION. Rashid asked Rene to lend him a crime against public interest; and (4)
PhP50,000, payable in six (6) months and, crimes under the RPC are mala in se,
as payment for the loan, Rashid issued a whereas violations under BP 22 are mala
postdated check for the said amount plus prohibita.
the agreed interest. Rashid assured Rene
that the account would have sufficient (b) Yes. It is of no moment that the check
funds on maturity date. On that date, Rene was presented beyond the 90-day
presented the check to the drawee bank period—four (4) months later in this
for payment but it was dishonored for the case—as provided in Section 2 of BP 22
reason that it was drawn against because the 90-day period is not one of
insufficient funds (DAIF). the elements of the offense but merely
a condition for the prima facie
Rene sent Rashid a timely notice of presumption of knowledge of
dishonor of the check and demanded the insufficiency of funds. It discharges the
latter to make good the same within five petitioner from his duty to maintain
(5) days from notice. After the lapse of the sufficient funds in the account within a
five (5)-day notice, Rene redeposited the reasonable time thereof.
check with the drawee bank but it was
again dishonored for the same reason, i.e.,
PD 1613. Arson
DAIF. Rene thereafter filed two (2)
separate criminal actions against Rashid:
(1) Estafa under Article 315(2)(d) of the QUESTION. With intent to cause damage,
RPC, as amended by R.A. No. 4885, i.e, AAA deliberately set fire upon the two
storey residential house of his employer,
55
mostly made of wooden materials. The a result, Ms. C was trapped therein
blaze spread and gutted down seven and was subsequently killed in the
neighboring houses. On the occasion of the fire, what crime/s did Mr. A commit?
fire, six (6) persons sustained burn injuries Explain. (3%) (2019 Bar Exam)
which were the direct cause of their death.
What crime was committed by AAA? SUGGESTED ANSWER:
(a) AAA committed the complex crime of (a) No, the charge of frustrated arson is
arson with multiple homicide. improper. The correct charge is
(b) AAA committed arson and multiple attempted arson. Art 6 of the RPC states
homicide. that there is an attempt when the
(c) AAA committed simple arson. offender starts the commission of a
(d) AAA committed arson and multiple felony directly by overt acts and does
murder. (2011 Bar Exam) not perform all the acts of execution
that should produce the felony by reason
SUGGESTED ANSWER: of some cause other than his own
(c) AAA committed simple arson. spontaneous desistance. In this case, Mr.
A began the commission of arson by
QUESTION. Dagami concealed Bugna’s body pouring gasoline on the house and
and the fact that he killed him by setting lighting a match, but he did not perform
Bugna’s house on fire. What crime or all the acts of execution, that is, setting
crimes did Dagami commit? the rest house on fire; hence, Mr. A
(a) Murder, the arson being absorbed should only be liable for attempted
already arson.
(b) Separate crimes of murder and arson
(c) Arson, the homicide being absorbed (b) If arson was committed successfully and
already Ms. C was trapped therein and killed in
(d) Arson with murder as a compound the fire, the crimes committed would
crime (20112 Bar Exam) depend on the offender’s main
objective, as follows:
SUGGESTED ANSWER: (a) If the main objective is to burn the
(b) Separate crimes of murder and arson. building or edifice but death results by
reason or on occasion of arson, the
QUESTION. Mr. A has a long-standing feud crime is simply arson (the resulting
with Mr. B. As payback for Mr. B's homicide is absorbed);
numerous transgressions against him, Mr. A (b) if the main objective is to kill a
planned to bum down Mr. B's rest house. person who may be in the building or
edifice, and the fire is used to
One night, Mr. A went to the rest house and accomplish such goal, the crime is
started pouring gasoline on its walls. murder only; and
However, just as Mr. A had lit the match (c) if the objective is to kill a person,
for burning, he was discovered by Mr. B's and the offender has already done so,
caretaker, Ms. C, and was consequently but the fire is resorted to as a means to
prevented from setting the rest house on cover up the killing, then there are two
fire. Mr. A was then charged with separate and distinct crimes
Frustrated Arson. committed—homicide/murder and arson
(People v. Sota and Gadjadli, G.R. No.
(a) Is the charge of Frustrated Arson 203121, November 29, 2017).
proper? Explain. (2%)
In this case, the main purpose was to
(b) Assuming that Mr. A successfully burn the house; hence, the death of Mr.
burned down Mr. B's rest house, and as C was only incidental or was by reason
56
or on occasion of arson. Therefore, the with a minor accident that made the
crime committed is arson, and the examination of his vehicle's Registration
homicide (death of Ms. C) is absorbed. Certificate necessary. When the policeman
checked the plate, chassis and motor
numbers of the vehicle against those
Article 332. Persons exempt from
reflected in the Registration Certificate,
criminal liability
he found the chassis and motor numbers to
be different from what the Registration
QUESTION. Dennis leased his apartment to Certificate stated. The Deed of Sale
Myla for P10,000 a month. Myla failed to covering the sale of the Fortuner, signed by
pay the rent for 3 months. Gabriel , the Iñigo, also bore the same chassis and
son of Dennis, prepared a demand letter motor numbers as Roberto's Registration
falsely alleging that his father had Certificate. The chassis and motor
authorized him to collect the unpaid numbers on the Fortuner were found, upon
rentals. Myla paid the unpaid rentals to verification with the Land Transportation
Gabriel who kept the payment. Office, to correspond to a vehicle
previously reported as carnapped.
(a) Did Gabriel commit a crime? Explain.
(4%) Roberto claimed that he was in good faith;
Iñigo sold him a carnapped vehicle and he
(b) Can Gabriel invoke his relationship did not know that he was buying a
with Dennis to avoid criminal liability? carnapped vehicle.
Explain. (3%) (2008 Bar Exam)
If you were the prosecutor, would you or
SUGGESTED ANSWER: would you not charge Roberto with a
(a) Yes, Gabriel committed a crime, which is crime? (7%) (2013 Bar Exam)
estafa under Art 315(2a) of RPC by
fraudulent acts executed prior to or SUGGESTED ANSWER:
simultaneous with the fraud or falsely If I were the public prosecutor, I would charge
pretending to possess agency. This is Roberto of violation of PD 1612, The
estafa because Myla paid the money Anti-Fencing Law. The elements of fencing
relying upon Gabriel’s demand letter are: (1) that a crime of robbery or theft has
with the false allegation that he was been committed; (2) that the accused, who
authorized to collect rentals. was not a principal or accomplice in the
crime of robbery or theft, buys, receives,
(b) No. Gabriel cannot invoke his possesses, keeps, acquires, conceals, sells,
relationship with Dennis to avoid disposes, or buys and sells, or in any other
criminal liability under Art 332 of the manner deals with any article, item or object
RPC (persons exempt from criminal that is the proceeds of robbery or theft; (3)
liability). Under Art 315(2a), Myla, and that the accused knows or should have known
not the father Dennis, is the offended that the thing in his possession is the
party. proceeds of robbery or theft; and (4) that
there is, on the part of the accused, intent to
gain, for himself or for another. All the
elements in this case are present. Someone
Anti-Fencing Law (Secs. 2, 5 and 6, of carnapped the Toyota Fortuner, and sold it to
P.D. No. 1612) Roberto who did not take part in the
commission of the crime. Since the deed of
QUESTION. Roberto bought a Toyota sale and registration certificate did not
Fortuner from Iñigo for P500,000. While accurately represent the engine and chassis
driving his newly-bought car, Roberto met numbers of the vehicle, Roberto should have
57
recognized that the car was stolen. He didn't
Crimes Against Chastity (Arts. 333-334,
appear to have bothered to look over the 336-346)
paperwork for his purchase. Since PD 1612 is
a malum prohibitum, Roberto's argument that
he acted in good faith is unfounded. (Dimat Article 333. Adultery
vs. People, GR 181144, January 25, 2012)
QUESTION. Manolo, an avid art collector, QUESTION. Filipino citizens Hector and
was invited to Tonio’s house. There, Wendy were married in New York, and have
Manolo noticed a nice painting that looked been living happily in Manila for the last
exactly like the painting which he reported three years. Hector was removing junk
was stolen from him some years back. from his basement when he came across an
Manolo confronted Tonio about the unlabeled recordable cd. He put it in his
painting, but Tonio denied any knowledge, computer's DVD drive to check its contents.
claiming that he bought the painting To his surprise, he saw a video of Wendy
legitimately from a friend. Manolo later and another man Ariel, in the act of sexual
proved to Tonio that the painting was intercourse in the master's bedroom of his
indeed the stolen painting. (4%) house. Angered by what he saw, he filed a
complaint for adultery against Wendy and
(a) What crime/s, if any, may Tonio be Ariel. During the course of the trial, and
charged with? again to the surprise of Hector, it was
proved that Wendy was born male and
(b) Manolo decided to take matters into underwent sex reassignment later in life.
his own hands and, one night, broke
into Tonio’s house by destroying the (a) May Hector's charge of adultery
wall and taking the painting. What, if against Wendy and Ariel prosper?
any, would be the liability of Manolo? Explain.
(2014 Bar Exam)
(b) What is an impossible crime? Can
SUGGESTED ANSWER: there be an impossible crime of
(a) Tonio committed the crime of fencing. adultery? (2015 Bar Exam)
Mere possession of a stolen article or
object or anything of value which has SUGGESTED ANSWER:
been the subject of robbery or thievery (a) Yes, Hector’s charge of adultery may
is prima facie evidence of fencing, prosper. The requisites of adultery are as
according to Section 5 if PD 1612. In the follows: (1) the woman is married; (2)
case at hand, Tonio is in possession of she has sexual intercourse with a man
stolen property, it is presumed that he not her husband; (3) the man with whom
committed the crime of fencing. she has sexual intercourse must know
her to be married.
(b) Manolo committed the crime of trespass
to dwelling qualified by the use of force. In this case, it is sufficient to charge
Here he entered the house of Tonio Hector’s wife Wendy with adultery
against the latter’s will, sufficient to because of his discovery of the video of
consummate the crime of trespass to Wendy having sexual intercourse with
dwelling qualified by the use of force. another man, Ariel. It is immaterial to
There is no robbery because the owner the charge of adultery that Wendy
of the property taken cannot commit actually born male who simply
robbery. undergone sexual reassignment later in
life, because marriage between the
same sex is considered valid in the U.S.
where they were married.
58
a woman’s. In this case, the paramour
(b) An impossible crime is an act that would was of the same gender as the erring
be an offense against persons or spouse, which means that legally,there is
property, were it not for the inherent legally, no sexual intercourse to speak
impossibility of its accomplishment or on of; hence, Art. 247 is not applicable.
account of the employment of
inadequate or ineffectual means. There
can be no impossible crime of adultery ALTERNATIVE ANSWER:
because adultery is a crime against Yes, Art. 247 of the RPC is applicable.
chastity, NOT against person or property. Art. 247’s requisites are as follows: (1) a
legally married person surprises his
QUESTION. Jojo and Felipa are husband spouse in the act of committing sexual
and wife. Believing that his work as a intercourse with another person; (2) he
lawyer is sufficient to provide for the or she kills any or both of them or
needs of their family, Jojo convinced inflicts upon any or both of them any
Felipa to be a stay-at-home mom and care serious physical injury “while in the act”
for their children. One day, Jojo arrived or immediately thereafter; and (3) he
home earlier than usual and caught Felipa has not promoted or facilitated the
in the act of having sexual intercourse with prostitution of his wife or that he or she
their female nanny, Alma, in their has not consented to the infidelity of the
matrimonial bed. In a fit of rage, Jojo other spouse. In the case at bar, all
retrieved his revolver from inside the these requisites are complied with. Jojo
bedroom cabinet and shot Alma, caught Felipa and Alma in the “act of
immediately killing her. sexual intercourse.” The law did not
qualify or specify that the other person
(a) Is Article 247 (death or physical with whom the spouse was caught
injuries inflicted under exceptional committing sexual intercourse be “male
circumstances) of the Revised Penal or female.” Therefore, Alma being of
Code (RPC) applicable in this case the same gender as the erring spouse,
given that the paramour was of the Felipa, is immaterial, and Art. 247 can
same gender as the erring spouse? be applied.
(2.5%)
(b) No, Felipa is not liable for adultery for
(b) Is Felipa liable for adultery for having having sexual relations with Alma.
sexual relations with Alma? (2.5%) Adultery, under Art. 333 of the RPC, is
(2016 Bar Exam) committed by any married woman who
shall have sexual intercourse with a
SUGGESTED ANSWER: “man” not her husband. In the case at
(a) No, Article 247 of the RPC is not bar, Felipa was having homosexual
applicable in this case because the intercourse with Alma, a “woman,” and
paramour was of the same gender as the is therefore not committing adultery.
erring spouse. Under Art 247, the spouse
of the offender must be caught by the
Article 334. Concubinage
latter in the act of committing “sexual”
intercourse with another person. The
Court held in People v. Gonzales (G.R. QUESTION. On June 1, 1988, a complaint
No, 46310, 31 October 1939), that the for concubinage committed in February
accused should surprise his wife in the 1987 was filed against Roberto in the
“very act of sexual intercourse.” Sexual Municipal Trial Court of Tanza, Cavite for
intercourse presupposes that the man’s purposes of preliminary investigation. For
sexual organ has penetrated into that of various reasons, it was only on July 3,
1998 when the Judge of said court decided
59
the case by dismissing it for lack of intercourse under scandalous
jurisdiction since the crime was committed circumstances with a woman who is not
in Manila. The case was subsequently filed his wife. In the case at bar, A was having
with the City Fiscal of Manila but it was sexual relations on a more or less regular
dismissed on the ground that the crime had basis in hotels, motels, and other places,
already prescribed. The law provides that which may be considered as scandalous
the crime of concubinage prescribes in ten circumstances that offend public
(10) years. Was the dismissal by the fiscal conscience, giving rise to criticism and
correct? Explain (5%) (2001 Bar Exam) general protest because such acts are
imprudent and set a bad example.
SUGGESTED ANSWER: (People v. Santos, 86 SCRA 705)
No, the dismissal by the fiscal is incorrect.
Although the filing of the complaint with the QUESTION. Suspecting that her husband of
MTC was only for preliminary investigation, it twenty years was having an affair, Leilanie
still interrupted and suspended the period of hired a private investigator to spy on him.
prescription inasmuch as the court’s After two weeks, the private investigator
jurisdiction in a criminal case is determined showed Leilanie a video of her husband
by the allegations in the complaint or having sexual intercourse with another
information, not by the result of proof. woman in a room of a five-star hotel.
(People v. Galano, 75 SCRA 193) Based on what she saw on the video,
Leilanie accused her husband of
QUESTION. concubinage.
(a) A, a married woman, had sexual
intercourse with a man, who was not Will the case of concubinage prosper?
her husband. The man did not know Explain. (3%) (2010 Bar Exam)
she was married. What crime, if any, SUGGESTED ANSWER:
did each of them commit? Why? (2%) No, a case for concubinage will not prosper.
Concubinage may be committed only by the
(b) A is married. He has a paramour with husband in three (3) ways, as follows:
whom he has sexual relations on a 1. By keeping a mistress in the conjugal
more or less regular basis. They meet dwelling; or
at least once a week in hotels, motels 2. By having sexual intercourse with a
and other places where they can be woman not his wife under scandalous
alone. Is A guilty of any crime? Why? circumstances; or
(3%) (2002 Bar Exam) 3. By cohabiting with a woman not his wife
in any other place (Art 334 of the RPC.)
SUGGESTED ANSWER:
(a) For A, the married woman, she In the case at bar, the facts given do not
committed the crime of adultery. constitute any of the aforementioned
Adultery, under Art 333 of the RPC, is situations for concubinage; hence, the case
committed when a woman is having for concubinage will not prosper.
sexual intercourse with a man not her
husband while her marriage is still
Article 336. Acts of Lasciviousness
subsisting.
For the man not her husband, he did not QUESTION. Using his charms because of his
commit adultery, considering that he had movie star looks, Phil, in a movie date with
no knowledge that A was married. Lyn, a 19-year old colegiala, kissed her on
the cheek and stroked her pubic hair. Lyn
(b) Yes, A is guilty of concubinage, which is shouted for help and Phil was arrested.
committed by a man having sexual Phil is liable for __________. (1%)
60
(a) Rape by sexual assault for using his are complied with, as well as the fact that
fingers the victim is under 12 years of age; hence,
(b) Violation of the Anti-Child Abuse Law Braulio must be prosecuted for acts of
for lascivious conduct lasciviousness under Revised Penal Code but
(c) Unjust vexation the penalty imposable should be that
(d) Acts of lasciviousness prescribed by RA 7610 (Amployo v. People,
(e) None of the above. (2011 Bar Exam) G.R. No. 157718, 26 April 2005). Under
Section 5(b) of RA 7610, when the victim (or
SUGGESTED ANSWER: child subjected to sexual abuse) is under 12
(d) Acts of lasciviousness. years of age, the perpetrators shall be
prosecuted (for acts of lasciviousness) under
QUESTION. Braulio invited Lulu, his Article 336 of the Revised Penal Code, where
11-year old stepdaughter, inside the the penalty for lascivious conduct when the
master bedroom. He pulled out a knife and victim is under 12 years of age shall be
threatened her with harm unless she reclusion temporal in its medium period).
submitted to his desires. He was touching
her chest and sex organ when his wife
Article 342. Forcible abduction
caught him in the act. The prosecutor is
unsure whether to charge Braulio for acts
of lasciviousness under Article 336 of the QUESTION. Mr. X has always been
RPC; for lascivious conduct under RA 7610 infatuated with Ms. Y. Scorned by Mr. Y's
(Special Protection against Child Abuse, disregard for his feelings towards her, Mr.
Exploitation and Discrimination Act); or for X came up with a plan to abduct Ms. Y in
rape under Article 266-A of the RPC. What order to have carnal knowledge of her and
is the crime committed? Explain. (5%) with the help of his buddies, A, B, and C.
(2016 Bar Exam)
On the day they decided to carry out the
SUGGESTED ANSWER: plan, and while surreptitiously waiting for
The crime committed is acts of Ms. Y, C had a change of heart and left.
lasciviousness, NOT attempted rape. Although This notwithstanding, Mr. X, A, and B
Braulio touched the chest and sex organ of continued with the plan and abducted Ms.
Lulu, who is under 12 years old, it is still acts Y by forcefully taking her to a deserted
of lasciviousness because intent to have house away from the city. There, Mr. X
sexual intercourse is not clearly shown restrained Ms. Y's arms, while A held her
(People v. Banzuela, G.R. No. 202060, 11 legs apart. B stood as a lookout. Mr. X was
December 2013). To be liable for attempted then able to have carnal knowledge of Ms.
rape, the erectile penis must be shown to be Y, who was resisting throughout the entire
in the position to penetrate (Cruz v. People, ordeal.
G.R. No. 166441, 8 October 2014) or the
offender actually started forcing his penis Consequently, Mr. X was charged with the
into the victim’s sexual organ (People v. crime of Forcible Abduction under the
Banzuela, supra). The acts of touching Lulu’s Revised Penal Code.
chest and sex organ under her stepfather’s
psychological coercion or influence (a) Is the charge against Mr. X proper?
constitutes sexual abuse under Section 5(b) of Explain. (3%)
RA 7610 (People v. Optana, G.R. No.
133922,12 February 2001). (b) Assuming that A, B, and C are also
charged, may they be held criminally
In this case, the requisites for acts of liable together with Mr. X? Explain.
lasciviousness under Art 336 of the RPC and (2%) (2019 Bar Exam)
for sexual abuse under Section 5 of RA 7610
SUGGESTED ANSWER:
61
(a) No, the charge against Mr. X is not QUESTION. The prescriptive period for
proper. bigamy is 15 years counted from the date
of the:
Jurisprudence provides that where the (a) discovery of the second marriage by
primary objective of the Forcible the offended spouse.
Abduction was to commit Rape, the (b) registration of the second marriage in
crime committed is only Rape as the the Local Civil Registry.
crime of Forcible Abduction is absorbed. (c) celebration or solemnization of the
There is no complex crime of forcible second marriage.
abduction with rape if the primary (d) discovery of the second marriage by
objective of the accused is to commit the authorities. (2011 Bar Exam)
rape.
SUGGESTED ANSWER:
In this case, the plan to forcibly abduct (a) Discovery of the second marriage by the
Ms. Y was devised in order for Mr. X to offended spouse.
have carnal knowledge with her against
her will. Rape being the primary QUESTION.
objective of Mr. X, he should be charged (a) What are the elements of the crime of
with the crime of Rape and not Forcible bigamy? (5%)
Abduction.
(b) If you were the judge in a bigamy case
(b) NO. Only A and B may be held criminally where the defense was able to prove
liable together with Mr. X. Under Art. 8, that the first marriage was null and
par. 1 of the RPC, a conspiracy exists void or a nullity, would you render a
when two or more persons come to an judgment of conviction or acquittal?
agreement concerning the commission of Explain your answer. (2%)
a felony and decide to commit it. With A
holding Ms. Y's legs apart and B standing (c) Assuming the existence of the first
as a lookout, both of them actively marriage when accused contracted the
participated in the commission of the second marriage and the subsequent
crime and are considered as judicial declaration of nullity of the
co-conspirators. (People v. Tumalip, G.R. second marriage on the ground of
No. L-28451, October 28, 1974) psychological incapacity, would you
render a judgment of conviction or
C may not be held criminally liable. C acquittal? Explain your answer. (3%)
separated himself from the conspiracy (2012 Bar Exam)
when he had a change of heart and left
the place. His abandonment of the SUGGESTED ANSWER:
conspiracy was effective since he (a) The Supreme Court laid down the
decided not to carry out his part in the elements of bigamy thus: (1) the
conspiracy before any material act of offender has been legally married; (2)
execution leading to the Rape was the first marriage has not been legally
committed. Mere knowledge, dissolved, or in case his or her spouse is
acquiescence, or approval of the act absent, the absent spouse has not been
without cooperation is not enough to judicially declared presumptively dead;
constitute one as a party to a (3) he contracts a subsequent marriage;
conspiracy. (Taer v. CA, G.R. No. 85204, and (4) the subsequent marriage would
June 18, 1990) have been valid had it not been for the
existence of the first. (Marbella-Bobis v.
Bobis (G.R. No. 138509, 31 July 2000)
Article 349. Bigamy
62
ALTERNATIVE ANSWER: girl that he (Robert) can have carnal
(a) There are three (3) elements of knowledge with.
bigamy: (1) an undissolved marriage;
(2) a new marriage; and (3) Romy agreed, seized an eight-year old girl
fraudulent intention constituting the and brought her to Robert. After receiving
felony of the act. This last element is his reward, Romy left while Robert
not stated in Article 349, because it is proceeded to have carnal knowledge with
undoubtedly incorporated in the the girl.
principle antedating all codes, and
constituting one of the landmarks of (a) For what felony may Robert and Romy
our Penal Code, that, where there is be charged? (2.5%)
no willfulness there is no crime
(People vs. Manuel, G.R. No. 165842, (b) Will your answer in (a) be the same if
November 29, 2005). the victim is a 15-year old lass who
was enticed, through cunning and
(b) I will render a judgment of deceit of Romy, to voluntarily go to
conviction. Proof that the first the house of Robert where the latter
marriage is null and void is not a subsequently had carnal knowledge
defense in bigamy. As long as the with her? (2.5%) (2018 Bar Exam)
previous marriage was not judicially
declared as null and void, contracting SUGGESTED ANSWER:
a subsequent marriage constitutes (a) Robert committed the crime of Child
bigamy. Prostitution or other sexual abuse under
Section 5(b) of R.A. No. 7610 (the
ALTERNATIVE ANSWER: Special Protection of Children Against
I will render a judgment of acquittal. Child Abuse, Exploitation and
According to Justice Florenz Regalado, in Discrimination Act) by having sexual
bigamy, it is essential that the first intercourse with a child exploited in
marriage is valid and subsisting. If the prostitution. In this case, the victim was
first marriage was null and void, there under 12 years of age, (specifically, 8
would be no bigamy (People vs. years), thus Robert can be prosecuted
Mendoza, 95 Phil. 845). Under the under Article 266-A and 266-B of the
principle of retroactivity of a marriage Revised Penal Code. Romy, on the other
being declared void ab initio, the hand, committed the crime of Child
accused is deemed never to have been Prostitution or other sexual abuse under
married. Since bigamy requires that the Section 5(a) of R.A. No. 7610 because he
accused must have been legally married, acted as the procurer of a child
he cannot be convicted of the crime of prostitute.
bigamy. (Morigo v. People, G.R. No.
145226, 06 February 2004) (b) Yes, my answer will still be the same.
R.A. No. 7610 covers generally sexual
abuse committed against a child or
Special Protection of Children Against children below eighteen (18) years of
Child Abuse, Exploitation, and age. Children are deemed to be children
Discrimination Act (Sec. 5 – Child exploited in prostitution and other
Prostitution and Other Acts of Abuse of sexual abuse when they indulge in sexual
RA 7610, as amended) intercourse or lascivious conduct for
money, profit or any other consideration
QUESTION. With a promise of reward, due to the coercion or influence of any
Robert asked Romy to bring him a young adult, syndicate or group. Robert and
63
Romy may be prosecuted under R.A. No. QUESTION. Sam wrote a letter to his
7610. friends stating that Judge Odon loves
obscene magazines and keeps these in his
desk. Charged with libel, can Sam present
Crimes Against Honor (Arts. 353-364)
proof that Judge Odon indeed loves
obscene magazines and keeps these in his
Article 353. Definition of libel desk?
(a) No, since the imputation is not related
to the duties of a judge.
QUESTION. Plaintiff X said in his civil (b) No, since Sam does not impute a crime
complaint for damages that defendant Y, to Judge Odon.
employing fraud, convinced him to buy a (c) No, since Sam imputes the commission
defective vehicle. Y filed a criminal action of a crime to Judge Odon.
for libel against X for maliciously imputing (d) Yes, since truth can be a valid defense
fraud on him. Will the action prosper if it in libel. (2011 Bar Exam)
turns out that the civil complaint for
damages was baseless?
(a) No, since pleadings filed in court are
absolutely privileged. SUGGESTED ANSWER:
(b) No, since malice is not evident. (b) No, since Sam does not impute a crime to
(c) Yes, given the fact that the Judge Odon.
imputation of fraud was baseless.
(d) Yes, parties must state the truth in QUESTION.
their pleadings. (2011 Bar Exam) (a) A was nominated Secretary of a
Department in the Executive Branch of
SUGGESTED ANSWER: the government. His nomination was
(a) No, since pleadings filed in court are thereafter submitted to the
absolutely privileged. Commission on Appointments for
confirmation. While the Commission
QUESTION. X, a tabloid columnist, wrote was considering the nomination, a
an article describing Y, a public official, as group of concerned citizens caused to
stupid, corrupt, and having amassed be published in the newspapers a
ill-gotten wealth. X relied on a source from full-page statement objecting to A’ s
Y's own office who fed him the appointment. They alleged that A was
information. Did X commit libel? a drug dependent, that he had several
(a) Yes, since the article was libelous and mistresses, and that he was corrupt,
inconsistent with good faith and having accepted bribes or favors from
reasonable care. parties transacting business in his
(b) No, since X but made a fair previous office, and therefore he was
commentary on a matter of public unfit for the position to which he had
interest. been nominated. As a result of the
(c) No, since X’s article constitutes publication, the nomination was not
privileged communication. confirmed by the Commission on
(d) No, since he wrote his article under Appointments. The official sued the
the freedom enjoyed by the press. concerned citizens and the
(2011 Bar Exam) newspapers for libel and damages on
account of his non-confirmation. How
SUGGESTED ANSWER: will you decide the case? (3%)
(a) Yes, since the article was libelous and
inconsistent with good faith and reasonable (b) If defamatory imputations are made
care. not by publication in the newspapers
64
but by broadcast over the radio, do comments on the acts of public officials
they constitute libel? Why? (2%) (2002 which are related to the discharge of their
Bar Exam) official duties do not constitute libel.
SUGGESTED ANSWER: Was the crime of libel committed? If so, are

(a) I will acquit the concerned citizens and A, B, and C all liable for the crime?
the newspapers involved, from the crime Explain. (5%) (2016 Bar Exam)
of libel, because they made the
denunciation out of a moral or social SUGGESTED ANSWER:
duty and thus there is absence of Yes, the crime of libel is committed. While
malice. Since A was a candidate for a fair comment on acts of public officers
very important public position such as a related to the discharge of their duties is a
Department Secretary, his moral, mental qualified privileged communication, the
and physical fitness for the public trust accused can still be held liable for libel if
becomes a public concern as the interest actual malice is present. In a fair comment,
of the public is at stake. It is pursuant to actual malice can be established by showing
this concern that the denunciation was that the comment was made with knowledge
made; hence, bereft of malice. that it was false or with reckless disregard of
whether it was false or not (Guingguing v. The
(b) Yes, because libel may be committed by Honorable Court of Appeals, G.R. No. 128959,
radio broadcast. Under Article 355 of the September 30, 2005). Journalists bear the
RPC, libel is committed by means, burden of responsible writing when practicing
among others, of radio broadcast, such profession, even when writing about
inasmuch as the broadcast made by public figures or matters of public interest.
radio is public and may be defamatory. The report made by C describing a lawyer in
(Revised Penal Code) the Bureau of Customs as corrupt cannot be
considered as "fair" and "true" since he did
QUESTION. A is the president of the not do research before making his
corporate publisher of the daily tabloid, imputations, and it has been shown that
Bulgar; B is the managing editor; and C is these allegations were written and published
the author/writer. In his column, Direct Hit, the subject articles with thoughtless
C wrote about X, the head examiner of the disregard of whether the same were false or
BIR-RDO Manila as follows: not (Erwin Tulfo v. People, G.R. No. 161032,
September 16, 2008).
"Itong si X ay talagang BUWAYA kaya ang
logo ng Lacoste T shirt niya ay napaka ALTERNATIVE ANSWER:
suwapang na buwaya. Ang nickname niya YES, A, B and C are liable for the crime.
ay si Atty. Buwaya. Ang PR niya ay 90% sa Under Art. 360 of the RPC, "Any person who
bayad ng taxpayer at ang para sa RP ay shall publish, exhibit, or cause the
10% lang. Kaya ang baba ng collection ng publication or exhibition of any defamation in
RDO niya. Masyadong magnanakaw si X at writing or by similar means, shall be
dapat tanggalin itong bundat na bundat na responsible for the same. The author or
buwaya na ito at napakalaki na ng editor of a book or pamphlet, or the editor or
kurakot." business manager of a daily newspaper,
magazine or serial publication, shall be
A, B and C were charged with libel before responsible for the defamations contained
the RTC of Manila. The three (3) therein to the same extent as if he were the
defendants argued that the article is author thereof." (Revised Penal Code)
within the ambit of qualified privileged A, the president, and B, the managing editor,
communication; that there is no malice in are liable to the same extent of C, the
law and in fact; and, that defamatory author. The provision in the RPC does not
65
provide the defense of absence of meter apart. The driver, a Chinese
participation, but rather plainly and mestizo, stopped his car after hitting the
specifically states the responsibility of those two victims but then reversed his gears
involved in publishing newspapers and other and ran over Mang Jose's prostrate body
periodicals. Hence, A, B, and C are all liable anew and third time by advancing his car
for libel. (Erwin Tulfo v. People, G.R. No. forward. The grandson suffered broken
161032, September 16, 2008) legs only and survived but Mang Jose
suffered multiple fractures and broken
ribs, causing his instant death. The driver
Criminal Negligence (Article 365) was arrested and charged with Murder for
the death of Mang Jose and Serious
Physical Injuries through Reckless
Article 365. Imprudence and Negligence. Imprudence with respect to the grandson.
Are the charges correct? Explain. (5%)
(2001 Bar Exam)
QUESTION. AB was driving a van along a
highway. Because of her recklessness, the
SUGGESTED ANSWER:
van hit a car which had already entered
Yes, the charges are correct. For deliberately
the intersection. As a result, CD who was
running over Mang Jose's prostrate body after
driving the car suffered physical injuries,
having bumped him and his grandson, the
while damage to his car amounted to
driver committed the crime Murder with the
P8,500.00. What is the proper charge
qualifying circumstance of treachery. The
against AB?
driver's deliberate intent to kill Mang Jose
(a) AB should be charged with complex
was demonstrated by his running over the
crime of reckless imprudence resulting
latter's body twice, by backing up the van and
in damage to property with slight
driving it forward, whereas the victim was
physical injuries.
helpless and not in a position to defend
(b) AB should be charged with reckless
himself or to retaliate.
imprudence resulting in slight physical
injuries and reckless imprudence
As to the serious physical injuries sustained
resulting in damage to property.
by Mang Jose's 10-year old grandson, as a
(c) AB should be charged with complex
result of having been hit by the speeding
crime of slight physical injuries with
vehicle of the driver, the same were the
damage to property.
result of reckless imprudence which is
(d) AB should be charged with slight
punishable as a quasi-offense in Article 365 of
physical injuries and reckless
the RPC. The penalty next higher in degree
imprudence resulting in damage to
should be imposed since the driver did not
property. (2012 Bar Exam)
lend help on the spot.
SUGGESTED ANSWER:
(b) AB should be charged with reckless
QUESTION. Olimpio caught a cold and was
imprudence resulting in slight physical
running a fever. His doctor prescribed
injuries and reckless imprudence resulting in
paracetamol. Olimpio went to a drug store
damage to property.
with the prescription, and the pharmacist
sold him three(3) tablets. Upon arriving
home, he took a tablet. One hour later, he
QUESTION. Mang Jose, a septuagenarian,
had a seizure and died. The autopsy
was walking with his ten-year old grandson
showed that the tablet he had taken was
along Paseo de Roxas and decided to cross
not paracetamol but a pill to which he was
at the intersection of Makati Avenue but
allergic. The pharmacist was charged with
both were hit by a speeding CRV Honda van
murder. Is the charge proper? If not, what
and were sent sprawling on the pavement a
66
should it be? Explain. ( 6% ) (2008 Bar mayor. Therefore, Don Gabito violated the
Exam) Anti-Money Laundering Act.
SUGGESTED ANSWER: Both Don Gabito and the Mayor are criminally
The charge was improper. The pharmacist liable under Anti-Money Laundering Act, The
should be charged with criminal negligence, Mayor are criminally liable because he allows
or reckless imprudence resulting in homicide, the proceeds of the unlawful activity to be
because there was no intent to kill Olimpio. used for his own project for the public.
The accused inexcusably lack of caution in
neglecting to administer the proper
medication to the victim which caused his QUESTION. Define Money Laundering. What
demise. are the three (3) stages in money
laundering? (3%) (2010 Bar Exam)
SPECIAL PENAL LAWS SUGGESTED ANSWER:

Under Section 4, R.A 9160, money laundering
Anti-Money Laundering Act of 2001 (R.A. is a crime whereby the proceeds of an
No. 9160) unlawful activity are transacted, thereby
making them appear to have originated from
legitimate sources. The three (3) stages in
QUESTION. Don Gabito, a philanthropist,
money laundering are: a) Placement/infusion;
offered to fund several projects of the
b) Layering; and c) Integration.
Mayor. He opened an account in the
Mayor’s name and regularly deposited
various amounts ranging from P500,000.00
to P1 Million. From this account, the Mayor Bouncing Checks Law (B.P. Blg. 22)
withdrew and used the money for
constructing feeder roads, barangay QUESTION. X draws a check upon request
clinics, repairing schools and for all other of Y, the payee, who told X that he would
municipal projects. It was subsequently merely show the check to his creditor to
discovered that Don Gabito was actually a gain more time to pay his account. The
jueteng operator and the amounts he check bounced upon presentation by the
deposited were proceeds from his jueteng creditor. Under the circumstances, who can
operations. be prosecuted for estafa based on the
dishonored check?
What crime/s were committed? Who are (a) Y as the one who negotiated the check
criminally liable? Explain. (6%) (2005 Bar contrary to the agreement.
Exam) (b) X as the drawer of the check.
(c) Both X and Y based on conspiracy.
(d) None. (2011 Bar Exam)

Don Gabito violated the Anti-Money (a) Y as the one who negotiated the check
Laundering Act. Sec. 4, R.A. No. 9160 contrary to the agreement.
provides that a person who for knowingly
transacting money as property which involves
or relates to the proceeds of an unlawful QUESTION. Which of the following
activity such as jueteng may be prosecuted circumstances of dishonor of a check can
under this law. In this case, Don Gabito be a basis for prosecution under the
violated the Anti-Money Laundering Act when bouncing checks law?
he used the proceeds of Jueteng, an illegal
activity, to fund several projects of the
67
(a) The check was returned unpaid with it was dishonored for the reason that it
the stamp “stop payment,” although was drawn against insufficient funds
the drawer’s deposit was sufficient. (DAIF).
(b) The check, drawn and issued in the
Philippines, was dishonored by the Rene sent Rashid a timely notice of
drawee bank in a foreign country. dishonor of the check and demanded the
(c) The check was presented to the bank latter to make good the same within five
for payment 6 months after the date (5) days from notice. After the lapse of the
of issue. five (5)-day notice, Rene redeposited the
(d) The drawer of the dishonored check check with the drawee bank but it was
paid its value within 5 days from again dishonored for the same reason, i.e.,
notice of dishonor (2011 Bar Exam) DAIF. Rene thereafter filed two (2)
separate criminal actions against Rashid:
SUGGESTED ANSWER: (1) Estafa under Article 315(2)(d) of the
(b) The check, drawn and issued in the RPC, as amended by R.A. No. 4885, i.e,
Philippines, was dishonored by the drawee estafa committed by postdating a check,
bank in a foreign country. or issuing a check in payment of an
obligation without sufficient funds in the
bank; and (2) Violation of B.P. 22 or the
QUESTION. On June 1, 2011, Efren bought Bouncing Checks Law.
a used top-of-the-line Mercedes Benz for
P7.5 Million from Switik Trading. On the Can he be held liable under both actions?
same day, he paid P2,500,000 in cash and (2.5%)
issued Switik Trading a check for
P5,000,000 dated July 31, 2011. He then SUGGESTED ANSWER:
brought the car to a friend's house and hid Yes, he can be held liable under both actions.
it in an underground garage. The check Double Jeopardy is not applicable in the case
Efren issued was dishonored for because the two crimes, Estafa and violation
insufficiency of funds when presented for of BP 22, are not identical. In BP 22, a
payment on due date. Efren was asked to drawer of a dishonored check may be
honor and pay the check or to return the convicted even if he had issued the same for
car, but he refused. a preexisting obligation, while In estafa case
under the Revised Penal Code, such
What crime/s did Efren commit? (1%) circumstance negates criminal liability; (3)
(a) Carnapping. estafa is a crime against property, while
(b) Estafa and carnapping. violation of Batas Pambansa Bilang 22 is a
(c) A violation of BP Blg. 22. crime against public interest; (4) Estafa are
(d) Estafa and a violation of BP Blg. 22. mala in se, while BP 22 is a mala prohibita.
(e) None of the above. (2013 Bar Exam)
SUGGESTED ANSWER:
(d) Estafa and a violation of BP Blg. 22.
QUESTION. Rashid asked Rene to
lend him PhP50,000, payable in six (6)
months and, as payment for the loan,
Rashid issued a postdated check for the
said amount plus the agreed interest.
Rashid assured Rene that the account
would have sufficient funds on maturity
date. On that date, Rene presented the
check to the drawee bank for payment but
68
CRIMINAl LaW
CRIMINAl LaW
CRIMINAl LaW
CRIMINAl LaW
CRIMINAl LaW
CRIMINAl LaW
CRIMINAl LaW
CRIMINAl LaW
CRIMINAl LaW
CRIMINAl LaW
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NUAS
NUAS
CRIMINAl LaW
CRIMINAl LaW
Retroactive Effect of Penal Laws
BOOK I [ARTICLES 1-99 OF THE REVISED PENAL
CODE (RPC)]
Article 22. Retroactive Effect of Penal Law
General Principles
QUESTION. The guard was entrusted with the
conveyance or custody of a detention prisoner
Scope and Characteristics who escaped through his negligence. What is
the criminal liability of the escaping prisoner?
(a) The escaping prisoner does not incur
Territoriality criminal liability.
(b) The escaping prisoner is liable for evasion
QUESTION. Charges d'affaires Volvik of Latvia through negligence.
suffers from a psychotic disorder after he was (c) The escaping prisoner is liable for
almost assassinated in his previous conniving with or consenting to, evasion.
assignment. One day, while shopping in a mall, (d) The escaping prisoner is liable for evasion
he saw a group of shoppers whom he thought of service of sentence. (2012 Bar Exam)
were the assassins who were out to kill him. He
asked for the gun of his escort and shot ten SUGGESTED ANSWER:
(10) people and wounded five (5) others before (a) The escaping prisoner does not incur criminal
he was subdued. The wounded persons liability.
required more than thirty (30) days of medical
treatment. What crime or crimes, if any, did Constitutional Provisions Limiting the Power
he commit? Explain. (5%) (2016 Bar Exam) of Congress to Enact Penal Laws
SUGGESTED ANSWER:
Volvik may be charged with 10 counts of QUESTION. What are the constitutional
frustrated murder for both the wounded and provisions limiting the power of Congress to
unwounded victims. The qualifying circumstance enact penal laws? (5%) (2012 Bar Exam)
of treachery was present in the manner in which
he shot the victims — rendering them defenseless SUGGESTED ANSWER:
— and the nature of the weapon he chose to 1. The penal law must afford due process and
perpetrate the offense (Article 14, RPC). equal protection to the accused (Art. III Sec.
1)
The defense of insanity may not be used as a 2. The penal law must not impose excessive
mitigating circumstance since the same requires fines or cruel and unusual punishment (Art.
the complete deprivation of intelligence which III Sec. 19[1])
the defense must prove to have existed at the 3. No ex post facto law (retroactive penal laws)
time when the act was done (Article 13, RPC). nor bill of attainder (that which inflicts
punishment without trial) must be passed
However, while the general rule under the (Art. III Sec. 22)
generality principle is that no foreigner enjoys an
extraterritorial right to be exempted from the
laws and jurisdiction of the Philippines,
diplomatic representatives are not subject to
Philippine territorial jurisdiction on the basis of
the treaties and the laws of preferential
application (RA 75). Thus, Volvik, who is a
charges d’affaires, enjoys diplomatic immunity
from criminal suit (Minucher v Hon. CA, G.R. No.
142396, February 11, 2003)
69
(a) Mother-in-law and daughter-in-law.
Felonies
(b) Adopted son and legitimate natural
daughter.
Circumstances Affecting Criminal Liability (c) Aunt and nephew.
(d) Stepfather and stepson. (2013 Bar Exam)
Article 11. Justifying Circumstances SUGGESTED ANSWER:

(c) aunt and nephew.
QUESTION. Michael was driving along the
QUESTION. X and his step-father have a
highway when he executed a prohibited
long-standing enmity. One day, irked by an
U-Turn. Dyords, a police officer, accosted
argument with his step-father, X smashed the
Michael for the traffic violation. A verbal
windshield of his step-father’s brand new Audi
argument ensued between them. Dyords
sports car. X is liable for:
suddenly drew his service firearm, and pointed
(a) Malicious mischief.
it at Michael. Dyords ordered Michael to alight
(b) Malicious mischief with the alternative
from his car, which the latter obeyed. Dyords
mitigating circumstance of relationship.
then handcuffed Michael and pinned his head
(c) Malicious mischief with the alternative
and body against the pavement until he could
aggravating circumstance of relationship.
no longer breathe. Michael died. Charged with
(d) The civil damage he caused. (2011 Bar
Homicide, Dyords interposed the exempting
Exam)
circumstance of accident as a defense.
SUGGESTED ANSWER:
If you were the judge, how would you resolve
(a) Malicious mischief.
Dyords’ defense? Explain briefly. (5 points)
(2022 Bar Exam)
Persons Liable and Degree of Participation
SUGGESTED ANSWER:
If I were the judge, I would rule that Dyords’
defense must fail. The Revised Penal Code Article 16. Who are Criminally Liable
provides that "Any person who, while performing
a lawful act with due care, causes an injury by QUESTION. Together XA, YB and ZC planned to
mere accident without fault or intention of rob Miss OD. They entered her house by
causing it. ()Revised Penal Code, Article 12 [par. breaking one of the windows in her house.
4]." Additionally, as shown in jurisprudence, there After taking her personal properties and as
is no lawful arrest which can be made, if the they were about o leave, XA decided on
punishable act, is only punishable by fine (People impulse to rape OD. As XA was molesting her,
v. Cristobal y Ambrosio, G.R. No. 234207, [June YB and ZC stood outside the door of her
10, 2019]). bedroom and did nothing to prevent XA from
raping OD. What crime/s did XA, YB and ZC
Here, Micheal only committed a traffic violation, commit and what is the criminal liability of
which is not a crime punishable by imprisonment. each? Explain briefly. (2004 Bar Exam)
Thus, it cannot be said Dyord was doing a lawful
act, as he should have instead issued a ticket for SUGGESTED ANSWER:
the said traffic violation, instead of attempting to XA may be charged as a principal under Article
arrest Micheal. As such, If I were the judge, I 294 of the RPC (Robbery with violence or
would rule that Dyords’ defense must fail. intimidation of persons) when the robbery shall
have been accompanied by rape. YB, and ZC shall
Article 15. Alternative Circumstances be charged as principals in the crime of robbery.
Under Article 296 of the RPC, a member of a

QUESTION. The alternative circumstance of band is liable for any of the assaults committed
relationship shall NOT be considered between by other members of the band. However, if the
70
group consists of only three persons and a
member of the group committed rape, those who Mr. Red may not be held liable as a principal
merely stood guard shall be convicted of robbery by inducement as the words of command he
only (People v. Pascual, G.R. No. L-4801, June 30, utilized did not specify the crime to be
1953). In this case, there was a conspiracy to committed. In order to hold him as such, it
commit robbery between XA, YB, and ZC but must be proven that the inducement is
there was no express agreement that rape was to material and precedes the commission of the
be committed. Since they do not qualify as a crime, and that such inducement is the
band, only XA shall be liable for the charge of determining cause thereof. In this case, the
robbery with rape. words used by Mr. Red were not so direct,
efficacious, or powerful as to amount to
physical or moral coercion (People v. Assad,
Principals, Accomplices, and Accessories
G.R. No. L- 33673, February 24, 1931).
Neither do the facts indicate that Mr. Red
Article 17. Principals held ascendancy or influence over Mr. Blue
and Mr. White.
QUESTION. Mr. Red was drinking with his (b) Mr. Blue and Mr. White may be held liable as
buddies, Mr. White and Mr. Blue when he saw principals by direct participation in the
Mr. Green with his former girlfriend, Ms. physical injuries sustained by Ms. Yellow. Mr.
Yellow. Already drunk, Mr. Red declared in a Red may not be held liable due to his lack of
loud voice that if he could not have Ms. Yellow, participation in the same crime.
no one can. He then proceeded to the men’s
room but told Mr. White and Mr. Blue to take
care of Mr. Green. Mr. Blue and Mr. White Article 18. Accomplice
asked Mr. Red what he meant but Mr. Red
simply said, "You already know what I want," QUESTION. He is an accomplice who
and then left. Mr. Blue and Mr. White (a) Agreed to serve as a lookout after his
proceeded to kill Mr. Green and hurt Ms. companions decided to murder the victim.
Yellow. (4%) (b) Watched quietly as the murderer stabbed
his victim.
(a) What, if any, are the respective liabilities (c) Helped the murderer find the victim who
of Mr. Red, Mr. White and Mr. Blue for the was hiding to avoid detection.
death of Mr. Green? (d) Provided no help, when he can, to save
the victim from dying. (2011 Bar Exam)
(b) What, if any, are the respective liabilities
of Mr. Red, Mr. White and Mr. Blue for the SUGGESTED ANSWER:
injuries of Ms. Yellow? (2014 Bar Exam) (c) helped the murderer find the victim who was
hiding to avoid detection.
SUGGESTED ANSWER:
(a) Mr. Blue and Mr. White shall be liable as QUESTION. Ponciano borrowed Ruben’s gun,
principals by direct participation, which saying that he would use it to kill Freddie.
according to Article 17 of the RPC are those Because Ruben also resented Freddie, he
who take direct part in the execution of the readily lent his gun, but told Ponciano: "O,
act. In order to be liable as such, the pagkabaril mo kay Freddie, isauli mo kaagad,
offender must have participated in the ha." Later, Ponciano killed Freddie, but used a
criminal resolution and have carried out the knife because he did not want Freddie’s
plan and personally took part in its neighbors to hear the gunshot.
execution by acts which directly tend to the
same end. In this case, the criminal (a) What, if any, is the liability of Ruben?
resolution was to kill Mr. Green and injure Explain. (3%)
Ms. Yellow and they committed acts which
produced the result they intended.
71
(b) Would your answer be the same if, instead meat of the dog. In partaking of the dish, they
of Freddie, it was Manuel, a relative of are essentially destroying the corpus delicti of
Ruben, who was killed by Ponciano using the crime which would prevent its discovery.
Ruben’s gun? Explain. (3%) (2009 Bar
Exam)
Conspiracy and Proposal
SUGGESTED ANSWER:
(a) Ruben may be held liable as an accomplice Article 8. Conspiracy and Proposal to Commit
who, not being a principal, cooperates in the a Felony
execution of the offense by previous or
simultaneous acts. (Article 18, RPC). His act
of furnishing his gun to aid in the killing of QUESTION. Roberto and Ricardo have had a
Freddie is only necessary and not long-standing dispute regarding conflicting
indispensable to the crime committed by claims over the ownership of a parcel of land.
Ponciano since the killing may have been One night, Roberto was so enraged that he
committed without the weapon. Thus, he decided to kill Ricardo. Roberto asked his best
shall only be liable as an accomplice. friend, Rafael, to lend him a gun and drive him
to Ricardo's house. Rafael knew about
(b) No. To be an accomplice, there must be a Roberto's plan to kill Ricardo, but agreed to
community of design with the principal or lend him a gun nevertheless. Rafael also drove
that he concurs with the purpose of the Roberto to the street corner nearest the house
principal (Article 18, RPC). In this case, of Ricardo. Rafael waited for him there, until
Ruben furnished the gun for the purpose of the task had been accomplished, so that he
killing Freddie and not Manuel. If there was could drive Roberto to the next town to evade
a lack of knowledge on the part of Ruben as arrest. Roberto also asked another friend,
to the use of his gun for the purpose of Ruel, to stand guard outside Ricardo's house,
killing Manuel, he may not be held criminally for the purpose of warning him in case there
liable as an accomplice. was any danger or possible witnesses, and to
keep other persons away from the vicinity. All
three - Roberto, Rafael and Ruel - agreed to
Article 19. Accessories the plan and their respective roles.
QUESTION. A was bitten by a dog owned by a On the agreed date, Rafael drove Roberto and
neighbor. The following day, angered by the Ruel to the nearest corner near Ricardo's
incident, A took the dog without the knowledge house. Roberto and Ruel walked about 50
of the owner, had it butchered and cooked the meters where Ruel took his post as guard, and
meat. He then invited his friends to partake of Roberto walked about five (5) meters more,
the dish with his friends who knew fully well aimed the gun at Ricardo's bedroom, and
that the dog was taken without the knowledge peppered it with bullets. When he thought that
of the owner. What are the friends of A liable he had accomplished his plan, Roberto ran
for? (2014 Bar Exam) away, followed by Ruel, and together they
rode in Rafael's car where they drove to the
SUGGESTED ANSWER: next town to spend the night there. It turned
The friends are criminally liable as accessories. out that Ricardo was out of town when the
Accessories may be those who, having knowledge incident happened, and no one was in his room
of the commission of the crime, and without at the time it was peppered with bullets. Thus,
having participated therein, either as principals no one was killed or injured during the
or accomplices, take part subsequent to its incident.
commission by concealing or destroying the body
of the crime, or the effects or instruments If a crime was committed, what is the degree
thereof, in order to prevent its discovery (Article of participation of Roberto, Rafael, and Ruel?
19, RPC). In this case, the friends were aware (2.5%) (2018 Bar Exam)
that the dish served by A was cooked with the
72
filing of the Information, how will you pass
SUGGESTED ANSWER: upon the recommendation? Explain. (5%) (2010
Roberto, Rafael, and Ruel are criminally liable as Bar Exam)
principal by virtue of their direct participation in
their conspired plan. SUGGESTED ANSWER:
Yes, the Commission on Human Rights’
Under Article 8 of the Revised Penal Code, recommendation that the suspects’ acts
conspiracy exists when: constitute heinous crimes, within the definition
1) Two or more persons came to an agreement; provided under RA No. 7659 or the Heinous
2) The agreement concerned the commission of Crimes Law.
a felony; and
3) The execution of the felony be decided But their acts should be punished by virtue of the
upon. provisions of the Revised Penal Code (RPC) and
not using the provisions of the Heinous Crimes
A principal by direct participation is a person who Laws. Said law is a special law that amended the
performs the acts necessary to the commission of provisions of the RPC on the imposition of
the offense. penalties for crimes which are characterized as
“heinous.” Therein, the law did not define nor
In this case, Roberto, Rafael, and Ruel have all treat acts of such nature; nor did it provide for
come to the agreement of their plan to kill new elements that will constitute as an
Ricardo. In addition, they have all performed amendment to the description of the RPC. Thus,
their predetermined tasked which would have the information charging the suspects must be
resulted in the death of Ricardo, had it not been based on the specific crimes defined and treated
for the fact that he was not in the vicinity of the under the RPC, wherein the circumstances that
act. Thus, Roberto, Rafael, and Ruel are would make the act heinous can be utilized as
criminally liable as principal by direct circumstances aggravating or qualifying the act.
participation.
Article 27
Penalties
QUESTION. After trial, Judge Juan Laya of the
Imposable Penalties [Include: Act Prohibiting Manila RTC found Benjamin Garcia guilty of
the Imposition of Death Penalty in the Murder, the victim having sustained several
Philippines (RA 9346)] bullet wounds in his body so that he died
despite medical assistance given in the Ospital
ng Manila.
Article 25. Penalties Which May Be Imposed
Because the weapon used by Benjamin was
QUESTION. Because of the barbarity and unlicensed and the qualifying circumstance of
hideousness of the acts committed by the treachery was found to be present. Judge Laya
suspects/respondents in cutting off their rendered his decision convicting Benjamin and
victims’ appendages, stuffing their torsos, sentencing him to "reclusion perpetua or life
legs, body parts into oil drums and bullet- imprisonment". Are "reclusion perpetua" and
riddled vehicles and later on burying these oil life imprisonment the same and can be
drums, vehicles with the use of backhoes and imposed interchangeably as in the foregoing
other earth-moving machinery, the Commission sentence? Or are they totally different? State
on Human Rights (CHR) investigating team your reasons. (3%) (2001 Bar Exam)
recommended to the panel of public
prosecutors that all respondents be charged SUGGESTED ANSWER:
with violation of the "Heinous Crimes Law." NO, the penalty of reclusion perpetua and life
The prosecution panel agreed with the CHR. As imprisonment are different and cannot be
the Chief Prosecutor tasked with approving the imposed interchangeably.
73
The penalty of reclusion perpetua is imposable (3) counts of Murder and was consequently
only on felonies punished by the RPC; whereas sentenced with the penalty of reclusion
life imprisonment is imposable on crimes defined perpetua for each count. A month after, he was
and punished by special law. likewise found guilty of five (5) counts of
Grave Threats in a separate criminal
In addition, reclusion perpetua has a specific proceeding, and hence, meted with the penalty
duration, which is twenty (20) years and one (1) of prision mayor for each count.
day to forty (40) years, and it may also carry (a) What are the respective durations of the
accessory penalties. On the other hand, the penalties of reclusion perpetua and
imposition of life imprisonment has no definite prision mayor? (3%)
term and it does not carry accessory penalties.
(b) How long will Mr. N serve all his penalties
of imprisonment? Explain. (2.5%)
Application
(c) May Mr. N avail of the benefits of the

Subsidiary Imprisonment Indeterminate Sentence Law with respect
to his convictions for Murder and Grave
Threats? Explain. (3%)
QUESTION. Mr. Q was found guilty beyond
reasonable doubt of the crime of Serious (d) Is Mr. N considered a habitual delinquent?
Physical Injuries, and accordingly, was Explain. (2.5%) (2019 Bar Exam)
sentenced to suffer the penalty of
imprisonment for an indeterminate period of SUGGESTED ANSWER:
six (6) months of arresto mayor, as minimum, (a) The duration of the penalty of reclusion
to four (4) years, two (2) months, and one (1) perpetua is twenty (2) years and one (1) day
day of prision correccional, as maximum. He to forty (40) years. Whereas, the duration of
was also ordered to pay the victim actual prison mayor is six (6) years and one (1) day
damages in the amount of ₱50,000.00, with to twelve (12) years.
subsidiary imprisonment in case of insolvency.
(b) Mr. N has to serve a total period of forty (40)
Was the imposition of subsidiary imprisonment years imprisoned. Article 70 (Revised Penal
proper? Explain. (3%) (2019 Bar Exam) Code) provides for the three-fold rule, which
stipulates that the maximum duration of the
SUGGESTED ANSWER: convict’s sentence shall not be more than
NO, the imposition of subsidiary imprisonment is three times the length of time corresponding
not proper. A subsidiary penalty is a personal to the most severe of the penalties imposed
liability to be suffered by a convict who has no upon him. Such maximum period shall in no
property with which to meet the fine imposed by case exceed forty (40) years. Thus, applying
the court. However, it applies only to fines and the rule in the case of Mr. N, he will only
not to civil damages. In the penalty imposed on have to serve forty (40) years in prison.
Mr. Q, he was not made to pay a fine. Thus, the
imposition of the subsidiary imprisonment is (c) Mr. N may avail of the benefits of the
wrong. Indeterminate Sentence Law (ISLAW) only for
his conviction of the crime of Grave Threat,
Graduation of Penalties and not for his conviction of Murder. Under
Section 2 of Act 4103, a person who has
been convicted of offenses punished with
Article 46. Penalty to be Imposed Upon death penalty or life imprisonment cannot
Principals in General benefit from the provisions of subject law. In
this case, Murder is penalized with reclusion
QUESTION. In November 2018, Mr. N, a perpetua, which the Court has equated as
notorious criminal, was found guilty of three synonymous with life imprisonment for
purposes of ISLAW. Thus, only for the
74
conviction of the crime of Grave Threats can as well as civil liability? Explain briefly. (2004
Mr. N utilize the benefits of ISLAW. Bar Exam)
(d) No, Mr. N is not considered as a habitual SUGGESTED ANSWER:

delinquent. Under Article 62 (Revised Penal AX’s death, while his appeal from the conviction
Code), a habitual delinquent is: (i) a person of the crime of reckless imprudence resulting in
who within a period of ten (1) years from homicide, extinguishes both his criminal and civil
the date of his last conviction, (ii) of the liability. Article 89(1) provides that the death of
crimes of (a) serious or less serious physical the accused pending appeal of his conviction
injuries, (b) robbery, (c) theft, (d) estafa, or extinguishes his criminal liability as well as the
(5) falsification, (iii) is found guilty of any of civil liability based solely on the offense
said crimes a third time or oftener. In this committed. However, the victims of AX’s crimes
case, Mr. N is convicted of the crimes of may still claim civil damages, if the same may
Grave Threat and Murder, which does not fall also be predicated on a source of obligation other
under the list of crimes to consider him as a than delict, such as law, contracts,
habitual delinquent. Thus, Mr. N is not a quasi-contracts and quasi-delicts.
habitual delinquent.
Extinction of Criminal Liability (as amended BOOK II (ARTICLES 114-365 OF THE RPC) AND
by R.A. No. 10592) RELATED SPECIAL LAWS
Article 89. Extinguishment of Criminal Crimes Against National Security and Laws of
Liability Nations (Arts. 114-123)
QUESTION. The death of the accused Article 116. Misprision of Treason

extinguishes his criminal liability but civil
liability is not extinguished. (0.5%)
QUESTION. Because peace negotiations on the
(a) When the death of the accused occurred
Spratlys situation had failed, the People’s
before conviction
Republic of China declared war against the
(b) When the death of the accused occurred
Philippines. Myra, a Filipina who lives with her
after conviction and after he has
Italian expatriate boyfriend, discovered e-mail
perfected his appeal from conviction.
correspondence between him and a certain
(c) When the death of the accused occurred
General Tung Kat Su of China.
during the pendency of his appeal.
(d) When the death of the accused occurred
On March 12, 2010, Myra discovered that on
after final judgment
even date her boyfriend had sent an e-mail to
(e) None of the above. (2013 Bar Exam)
General Tung Kat Su, in which he agreed to
provide vital information on the military
SUGGESTED ANSWER:
defense of the Philippines to the Chinese
(d) When the death of the accused occurred after
government in exchange for P1 million and his
final judgment.
safe return to Italy. Two weeks later, Myra
decided to report the matter to the proper
QUESTION. AX was convicted of reckless
authorities.
imprudence resulting in homicide. The trial
court sentenced him to a prison term as well
Did Myra commit a crime? Explain. (3%) (2010
as to pay P150,000 as civil indemnity and
Bar Exam)
damages. While his appeal was pending, AX
met a fatal accident. He left a young widow, 2
SUGGESTED ANSWER:
children, and a million-peso estate. What is
YES, Myra committed the crime of Misprision of
the effect, if any, of his death on his criminal
Treason. Under Article 116 (Revised Penal Code),
75
a person commits subject crime if the following is Port Authorities resulting in the apprehension
present: (i) she is a Filipino citizen, who owes of the culprits.
allegiance to the government, (ii) has knowledge
of any conspiracy against the government; and (a) What crime was committed? Explain.
(iii) she conceals or does not disclose the same,
as soon as possible, to the authorities of the (b) Supposing that while the robbery was
place in which he resides. Myra failed to report taking place, the culprits stabbed a
her boyfriend’s actions, as soon as possible, after member of the crew while sleeping. What
she gained knowledge of the same. Therein, the crime was committed? Explain. (2006 Bar
lapse of two (2) weeks when she decided to Exam)
report the same already constitutes a violation of
Misprision of Treason. SUGGESTED ANSWER:
(a) The renegade Ybanags committed the crime
of PIracy. Under Article 122, the first mode
Article 117. Espionage
of Piracy is committed if the following
requisites are present: Elements of 1st mode
QUESTION. What is the crime committed by a of piracy: (i) that a vessel is on the high seas
public officer who discloses to the or in Philippine waters; (ii) that the
representative of a foreign nation the contents offenders are not members of its
of the articles, data or information of a complement or passengers of the vessel; and
confidential nature relative to the defense of (iii) they seized a part of the cargo of said
the Philippine archipelago which he has in his vessel, its equipment or personal belongings
possession by reason of the public office he of its complement or passengers. In this
holds? case, the act of the renegade, who were not
(a) Espionage; complements or passengers of the vessel, of
(b) Disloyalty; taking heavy crates of electrical equipment
(c) Treason; constitutes as Piracy.
(d) Violation of neutrality. (2012 Bar Exam)
(b) The crime committed by the renegade
SUGGESTED ANSWER: Ybanags is Qualified Pircay. Article 123
(a) Espionage. (Revised Penal Code) qualifies the crime of
piracy if the act is accompanied by (i)
Article 122. Piracy in General and Mutiny on murder, (ii) homicide, (iii) physical injuries,
the High Seas or (iv) rape. Thus, the renegade’s act of
stabbing a crew member would qualify the
act to Qualified Piracy.
QUESTION. While SS Nagoya Maru was
negotiating the sea route from Hong Kong
towards Manila, and while still 300 miles from Anti-Piracy and Anti-Highway Robbery Law of
1974 (P.D. No. 532) (Secs. 2 and 4)
Aparri, Cagayan, its engine malfunctioned.
The Captain ordered the ship to stop for
emergency repairs lasting for almost 15 hours. QUESTION. A postal van containing mail
Due to exhaustion, the officers and crew fell matters, including checks and treasury
asleep. While the ship was anchored, a warrants, was hijacked along a national
motorboat manned by renegade Ybanags from highway by ten (10) men, two (2) of whom
Claveria, Cagayan, passed by and took were armed. They used force, violence and
advantage of the situation. They cut the ship's intimidation against three (3) postal
engines and took away several heavy crates of employees who were occupants of the van,
electrical equipment and loaded them in their resulting in the unlawful taking and
motorboat. Then they left hurriedly towards asportation of the entire van and its contents.
Aparri. At daybreak, the crew found that a
robbery took place. They radioed the Aparri (a) If you were the public prosecutor, would
you charge the ten (10) men who hijacked
76
the postal van with violation of the purpose or perpetrating the act
Presidential Decree No. 532, otherwise indiscriminately against any person or
known as the Anti-Piracy and Anti persons. Absent the evidence proving such
-Highway Robbery Law of 1974? Explain indiscriminate character, the conviction for
your answer. (5%) violating PD 532 cannot be sustained.
(b) If you were the defense counsel, what are Crimes Against the Fundamental Laws of the
the elements of the crime of highway State (Arts. 124-133)
robbery that the prosecution should prove
to sustain a conviction? (5%) (2012 Bar
Exam) Article 124. Arbitrary Detention
SUGGESTED ANSWER:
QUESTION.
(a) NO, as the public prosecutor, I would charge
After due hearing on a petition for a writ of
the ten (10) men for violating The
amparo founded on the acts of enforced
Anti-Carnapping Act and not highway
disappearance and extralegal killing of the son
robbery under PD 532. Under RA 10883, the
of the complainant allegedly done by the
following are the elements of carnapping: (i)
respondent military officers, the court granted
there is an actual taking of the vehicle, (ii)
the petition.
the offender intends to gain form the taking
of the vehicle; (iii) the vehicle belongs to a
May the military officers be criminally charged
person other than the offender himself; and
in court with enforced disappearance and
(iv) the taking is without the consent of the
extralegal killing? Explain fully. (3%) (2008 Bar
owner. All of these elements are present in
Exam)
the act of the ten (10) men in hijacking the
postal van.
SUGGESTED ANSWER:
The military officers may be criminally held liable
Accordingly, the ten (1) men cannot be held
for arbitrary detention under Article 124 or
liable for violating PD 532. The said law
unlawful arrest under Article 269 of the RPC.
punishes only acts of robbery perpetrated by
Under the first crime, it is required that the
outlaws indiscriminately against any person
offender is a public officer or employee who
or persons on Philippine highways and not
detains a person without legal grounds. The
acts of robbery committed against only a
second crime requires that the offender arrests
predetermined or particular victim (People
or detains another for the purpose of delivering
v. Guevarra, G.R. No. 97471, February 17,
him to the proper authorities but the arrest or
1993). In this case, there is no evidence
detention is not authorized by law or there is no
pointing to the fact that the acts of the ten
reasonable ground therefor.
(10) men were indiscriminate. Thus, the ten
(10) men are guilty of carnapping under RA
10883 and not highway robbery under PD Article 127. Expulsion
532.
(b) Under PD 532, the following are the any, of a mayor who, without being authorized
elements of Highway Robbery/Brigandage: by law, compels prostitutes residing in his city
(i) there is taking away of the property of to go to, and live in, another place against
another, (ii) by any means of violence their will?
against or intimidation of person or force (a) The mayor is criminally liable for
upon things or other unlawful means; (iii) violation of domicile.
committed by any person, and (iv) (b) The mayor is criminally liable for
committed on any Philippine Highway. In expulsion.
order to convict a person for the crime of (c) The mayor is criminally liable for Grave
violating PD 532, the prosecution has to coercion.
prove that the actions were organized for
77
(d) The mayor incurs no criminal liability
Anti-Torture Act of 2009 (RA 9745) (Sections
because he merely wants to protect the 4 and 13)
youth against the indecency of the
prostitutes. (2012 Bar Exam)
QUESTION. AA was arrested for committing a
SUGGESTED ANSWER: bailable offense and detained in solitary
(b) The mayor is criminally liable for expulsion. confinement. He was able to post bail after
two (2) weeks of defection. During the period
of detention, he was not given any food. Such
Article 132. Interruption of Religious Worship deprivation caused him physical discomfort.
What crime, if any, was committed in
QUESTION. In his homily, Fr. Chris loudly connection with the solitary confinement and
denounced the many extrajudicial killings food deprivation of AA? Explain your answer.
committed by the men in uniform. Policeman (5%) (2012 Bar Exam)
Stone, then attending the mass, was peeved by
the denunciations of Fr. Chris. He immediately SUGGESTED ANSWER:
approached the priest during the homily, Violation of RA 9745 or the Anti-Torture Act is the
openly displayed his firearm tucked in his crime committed in connection with the solitary
waist, and menacingly uttered at the priest: confinement and food deprivation of AA. Under
Father, may kalalagyan kayo kung hindi kayo Section 4(2) of RA 9745, food deprivation and
tumigil. His brazenness terrified the priest, confinement in a solitary cell amount to physical
who cut short his homily then and there. The and psychological torture.
celebration of the mass was disrupted, and the
congregation left the church in disgust over
the actuations of Policeman Stone, a co- Crimes Against Public Order (Arts. 134-160)
parishioner.
Policeman Stone was subsequently charged. Article 142. Inciting to Sedition

The Office of the Provincial Prosecutor is now
about to resolve the case, and is mulling on
QUESTION. Which of the following statements
what to charge Policeman Stone with. May
constitute Inciting to Sedition?
Policeman Stone be properly charged with
(a) Utterance of statements irritating or
either or both of the following crimes, or, if
obnoxious to the ears of the police
not, with what proper crime?
officers.
(b) Speeches extolling communism and urging
Interruption of religious worship as defined
the people to hold a national strike and
and punished under Art. 132 of the Revised
paralyze commerce and trade.
Penal Code (2017 Bar Exam)
(c) Leaders of jeepney and bus associations
shouting "Bukas tuloy ang welga hanggang
SUGGESTED ANSWER:
sa magkagulo na!"
Yes, Policeman Stone may be charged with
(d) Speeches calling for resignation of high
interruption of religious worship under Article 132
government officials. (2012 Bar Exam)
of the RPC. Under Article 132, the crime is
committed by a public officer or employee who
SUGGESTED ANSWER:
prevents or disturbs religious ceremonies or
(b) Speeches extolling communism and urging the
manifestations of any religion that are about to
people to hold a national strike and paralyze
take place or are going on. In this case,
commerce and trade.
Policeman Stone brandished his firearm and
threatened the priest, causing the disruption of
QUESTION. What are the different acts of
the mass and the dispersal of the congregation.
inciting to sedition? (2007 Bar Exam)
Thus, he may be held criminally liable for the
interruption of the religious ceremonies.
SUGGESTED ANSWER:
78
The different acts which constitute the crime of
Article 153. Tumults and Other Disturbances
inciting to sedition
of Public Orders — Tumultuous Disturbance
are:
or Interruption Liable to Cause Disturbance.
1. Inciting others through speeches, writings,
banners and other media of presentation to
commit acts which constitute sedition; QUESTION. When is a disturbance of public
2. Uttering seditious words, speeches or order deemed to be tumultuous?
circulating scurrilous libels against the (a) The disturbance shall be deemed
Government of the Philippines or any of its tumultuous if caused by more than three
duly constituted authorities, which tend to (3) persons who are armed or provided
disturb or obstruct the performance of with means of violence.
official functions, or which tend to incite (b) The disturbance shall be deemed
others to cabal and meet for unlawful tumultuous when a person causes a
purposes; serious disturbance in a public place or
3. Inciting through the same media of disturbs public performance, function or
representation rebellious conspiracies or gathering.
riots; (c) The disturbance shall be deemed
4. Stirring people to go against lawful tumultuous when more than three (3)
authorities, or disturb the peace and public persons make any outcry tending to incite
order of the community or of the rebellion or sedition or shout subversive
Government; or or provocative words to obtain any of the
5. Knowingly concealing any of the aforestated objectives of rebellion or sedition.
evil practices (Article 142, RPC.) (d) The disturbance shall be deemed
tumultuous when at least four (4) persons
participate in a free-for-all-fight
assaulting each other in a confused and
Article 146. Illegal Assemblies
tumultuous manner. (2012 Bar Exam)
SUGGESTED ANSWER:
QUESTION. A, B, and C organized a meeting in (a) The disturbance shall be deemed tumultuous
which the audience was incited to the if caused by more than three (3) persons who are
commission of the crime of sedition. Some of armed or provided with means of violence.
the persons present at the meeting were
carrying unlicensed firearms.
Article 154. Unlawful Use of Means of
Publication and Unlawful Utterances
What crime, if any, was committed by A, B,
and C, as well as those who were carrying
unlicensed firearms and those who were QUESTION. What is the proper charge against
merely present at the meeting? a person who, without taking arms or being in
(a) Inciting to sedition for A, B and C and open hostility against the Government, shall
illegal possession of firearms for those incite others to deprive Congress of its
carrying unlicensed firearms. legislative powers, by means of speeches or
(b) Inciting to sedition for A, B and C and writings?
those carrying unlicensed firearms. (a) Inciting to sedition;
(c) Illegal assembly for A, B, C and all those (b) Inciting to rebellion or insurrection;
present at the meeting. (c) Crime against legislative body;
(d) Conspiracy to commit sedition for A, B, C (d) Unlawful use of means of publication or
and those present at the meeting. (2012 unlawful utterances. (2012 Bar Exam)
Bar Exam)
SUGGESTED ANSWER:
SUGGESTED ANSWER: (d) Unlawful use of means of publication or
(c) Illegal assembly for A, B, C and all those unlawful utterances.
present at the meeting.
79
him in the back with a bladed weapon that he
Article 159. Other cases of evasion of service
had concealed in his waist. Hurt, Rannie ran to
of sentence
the nearest "kubol" where he fell. Robbie ran
after him· and, while Rannie was lying on the
QUESTION. AAA was convicted of theft by a ground, Robbie continued to stab him,
Manila Court and sentenced to a straight inflicting a total of 15 stab wounds. He died on
penalty of one (1) year of prision correccional. the spot. Robbie immediately surrendered to
After serving two (2) months of the sentence, the Chief Warden. When prosecuted for the
he was granted conditional pardon by the murder of Rannie, Robbie raised provocation
Chief Executive. One of the conditions of the and voluntary surrender as mitigating
pardon was for him not to be found guilty of circumstances. The prosecution, on the other
any crime punishable by the laws of the hand, claimed that there was treachery in the
country. He subsequently committed robbery in commission of the crime.
Pasay City. Can the Manila Court require AAA
to serve the unexpired portion of the original (a) Is Robbie a recidivist, or a
sentence? quasi-recidivist? (2.5%)
(a) Yes. The Manila Court has the authority
to recommit AAA to serve the unexpired (b) Can the mitigating circumstances raised
portion of the original sentence in by Robbie, if proven, lower the penalty
addition to the penalty for violation of for the crime committed? (2.5%) (2018 Bar
conditional pardon. Exam)
(b) No. The penalty remitted by the
conditional pardon is less than six (6) SUGGESTED ANSWER:
years. (a) Robbie is considered a quasi-recidivist
(c) Yes. The penalty for violation of pursuant to Article 160 of the RPC. In
conditional pardon is the unexpired quasi-recidivism, the first and second
portion of the punishment in the original offenses need not be embraced in the same
sentence. title of the RPC. In the case at bar, at the
(d) No. AAA must first be found guilty of the time Robbie stabbed Rannie which resulted
subsequent offense before he can be in the latter’s death, he had been convicted
prosecuted for violation of conditional by final judgment and had been serving
pardon. (2012 Bar Exam) sentence at the National Penitentiary. As
murder and robbery are not under the same
SUGGESTED ANSWER: title, Robbie cannot be considered a
(b) No. The penalty remitted by the conditional recidivist.
pardon is less than six (6) years.
(b) No. If proven, the presence of the mitigating
Article 160. Quasi Recidivism circumstances of lack of sufficient
provocation and voluntary surrender would
be of no consequence as quasi-recidivism
QUESTION. Robbie and Rannie are both cannot be offset by any ordinary mitigating
inmates of the National Penitentiary, serving circumstance (People v. Macariola, GR No.
the maximum penalty for robbery which they L-40757, 24 January 1983).
committed some years before and for which
they have been sentenced by final judgment.
One day, Robbie tried to collect money owed Crimes Against Public Interest (Arts.
161-187)
by Rannie. Rannie insisted that he did not owe
Robbie anything, and after a shouting episode,
Rannie kicked Robbie in the stomach. Robbie Article 169. How Forgery is Committed
fell to the ground in pain, and Rannie left him
to go to the toilet to relieve himself. As Rannie
was opening the door to the toilet and with his QUESTION. Upon opening a letter containing
back turned against Robbie, Robbie stabbed 17 money orders, the mail carrier forged the
80
signatures of the payees on the money order parents of the child when they are not really the
and encashed them. What crime or crimes did biological parents of said child constitutes the
the mail carrier commit? Explain briefly. ( 6% ) crime of simulation of birth. Since the couple and
(2008 Bar Exam) the doctor connived the simulation of the child’s
birth certificate, they shall all be liable under
SUGGESTED ANSWER: article 347 of the RPC.
He can be charged with qualified theft since the
property stolen is mail matter (Marcelo v. C, the unwed mother is criminally liable for "child
Sandiganbayan). trafficking", a violation of Article IV, Sec. 7 of
R.A. No. 7610. The law punishes inter alia the act
He may also be charged with forgery under of buying and selling of a child. In the case at bar,
Article 169(2), RPC because there was a material C successfully sold her baby to the couple.
alteration on a genuine document (Luis B. Reyes, Hence, she shall be liable for child trafficking.
The Revised Penal Code, Volume II, p. 198, 16th
Ed., [2006] citing U.S. v. Solito, 36 Phil. 785). ALTERNATIVE ANSWER
The couple A and B, the unwed mother C, and the
He may be charged with falsification under doctor being all involved in the simulation of
Article 171(1) and (2), RPC, because he birth of the newborn child, violate R.A. No. 7610.
counterfeited the signatures to make it appear Their acts constitute child trafficking which are
that the payees signed the money order and penalized under Article IV of said law.
received payment.
Article 174. False Medical Certificates, False
In People v. Villanueva, the Supreme Court held
Certificates of Merits or Service, etc.
that the mail carrier is guilty of malversation and
falsification.
In U.S. v. Gorospe, the Supreme Court ruled that any, of a physician who issues a false medical
the crime is infidelity in the custody of certificate in connection with the practice of
documents. his profession?
(a) The physician is criminally liable for
falsification of medical certificate.
(b) The physician is criminally liable if the
false medical certificate is used in court.
Article 172. Falsification by Private
(c) The physician incurs no criminal liability
Individuals and Use of Falsified Documents
if the false medical certificate is not
submitted to the court.
QUESTION. A childless couple, A and B, wanted (d) The physician incurs no criminal liability
to have a child they could call their own. C, an if the false medical certificate does not
unwed mother, sold her newborn baby to them. cause prejudice or damage. (2012 Bar
Thereafter, A and B caused their names to be Exam)
stated in the birth certificate of the child as
his parents. This was done in connivance with SUGGESTED ANSWER:
the doctor who assisted in the delivery of C. (a) The physician is criminally liable for
What are the criminal liabilities, if any, of the falsification of medical certificate.
couple A and B, C and the doctor. (5%) (2002
Bar Exam)
Article 177. Usurpation of Authority or
Official Functions.
SUGGESTED ANSWER:
The couple A and B, and the doctor shall be liable
for the crime of simulation of birth, penalized QUESTION. X and Y approached Mayor Z and
under Article 347 of the RPC, as amended. The requested him to solemnize their marriage. On
act of making it appear in the birth certificate of the day of the ceremony, X and Y proceeded to
a child that the persons named therein are the Mayor Z's office but he was not there. Mayor
81
Z's chief of staff, Mr. U, however, represented prosecuting an offender who has committed a
that he himself can solemnize their marriage crime punishable by reclusion perpetua and/or
and just have Mayor Z sign the marriage death in consideration of any offer, promise, gift
certificate when the latter comes back. or present.
Consequently, upon X and Y's assent, Mr. U
solemnized the marriage, despite his lack of Meanwhile, a police officer who refrains from
authority therefor. arresting such offender for the same
consideration above-stated, may be prosecuted
What crime may Mr. U be charged with under for this felony since he is a public officer
the Revised Penal Code (RPC)? Explain. (2.5%) entrusted with law enforcement.
(2019 Bar Exam)
Article 211. Indirect Bribery
SUGGESTED ANSWER:
Mr. U may be charged with Usurpation of
Authority or Official Functions (Art. 177, RPC). QUESTION. Commissioner Marian Torres of the
The elements are as follows: 1. The offender Bureau of Internal Revenue (BIR) wrote
performs any act; 2. Pertaining to any person in solicitation letters addressed to the
authority or public officer of the Philippine Filipino-Chinese Chamber of Commerce and
Government or any foreign government or any Industry and to certain CEOs of various
agency thereof; 3. Under pretense of official multinational corporations requesting
position; and 4. Without being lawfully entitled donations of gifts for her office Christmas
to do so. In this case, Mr. U falsely party. She used the Bureau's official
misrepresented himself as having the authority to stationery. The response was prompt and
solemnize the marriage when he in fact, did not, overwhelming so much so that Commissioner
and as such, he usurped the authority and Torres' office was overcrowded with rice
functions of Mayor Z. cookers, radio sets, freezers, electric stoves
and toasters. Her staff also received several
envelopes containing cash money for the
Crimes Committed by Public Officers (Arts. employees' Christmas luncheon. Has
203-245) Commissioner Torres committed any
impropriety or irregularity? What laws or
decrees did she violate? (2010 Bar Exam)
Article 211-A. Qualified Bribery
SUGGESTED ANSWER:
YES. Commissioner Torres violated the following:
QUESTION. May a judge be charged and
1. Indirect bribery (Art. 211, RPC) for receiving
prosecuted for qualified bribery? How about a
gifts offered by reason of office.
public prosecutor? A police officer? (2010 Bar
2. R.A. 6713 or Code of Conduct and Ethical
Exam)
Standards for Public Officials and Employees
when he solicited and accept gifts (Sec.
SUGGESTED ANSWER:
7[d])
NO. Article 211 of the Revised Penal Code is only
3. P.D. 46 making it punishable for public
applicable to public officers entrusted with law
officials and employees to receive, and for
enforcement. A judge may not be charged with
private persons to give gifts on any occasion,
this felony because his official duty as a public
including Christmas.
officer is not law enforcement but the
determination of cases already filed in court.
Article 212. Attempted Corruption of Public
On the other hand, a public prosecutor may be Officials
prosecuted for this crime in respect of the
bribery committed, aside from dereliction of duty
QUESTION. One Sunday afternoon, Mr. X,
committed in violation of Article 208 of the
President of ABC Corp., happened to bump into
Revised Penal Code, should he refrain from
the Labor Arbiter assigned to the illegal
82
dismissal case filed by certain employees QUESTION. AA was appointed for a two-year
against his company. During their encounter, term to serve the unexpired portion of a
Mr. X promised the Labor Arbiter a luxury car resigned public official. Despite being
in exchange for a favorable ruling. The Labor disqualified after the lapse of the two-year
Arbiter immediately rejected the offer and term, PA continued to exercise the duties and
walked away. What crime did Mr. X commit powers of the public office to which appointed.
under the Revised Penal Code (RPC), if any? What is the criminal liability of AA?
Explain. (2019 Bar Exam) (a) AA is criminally liable for malfeasance in
office.
SUGGESTED ANSWER: (b) AA is criminally liable for prolonging
Mr. X committed the crime of Corruption of a performance of duties and powers.
Public Official. Under Article 212 of the Revised (c) AA is criminally liable for disobeying
Penal Code, any person who shall have made the request for disqualification.
offers or promises or given the gifts or presents (d) AA incurs no criminal liability because
as a form of bribery shall be liable of the crime of there is no indication that he caused
Attempted Corruption of Public Officials. Mr. X, prejudice to anyone. (2012 Bar Exam)
by offering to give the Labor Arbiter a luxury car
in exchange for a favorable ruling on a pending SUGGESTED ANSWER:
illegal dismissal case has already commenced the (b) AA is criminally liable for prolonging
performance of material acts of execution in performance of duties and powers.
corrupting the Labor Arbiter. However, he was not
able to perform all the material acts of execution Anti-Plunder Act (Sections 1 and 2 of RA
only because the Labor Arbiter refused to accept 7080, as amended by RA 7659)
the offer. (Pozar v. CA, G.R. No. L-62439, October
23, 1984)
QUESTION. Overjoyed by the award to his firm
of a multi-billion government contract for the
ALTERNATIVE ANSWER:
development of an economic and tourism hub
Mr. X committed no crime. Because there was no
in the Province of Blank, Mr. Gangnam allotted
acceptance, there is no crime, and therefore, no
the amount of P100 Million to serve as gifts for
penalty should be imposed. Nullum crimen nulla
certain persons instrumental in his firm's
poena sine lege. There is no crime where there is
winning the award. He gave 50% of that
no law punishing it.
amount to Governor Datu, the official who had
signed the contract with the proper
Article 236. Anticipation of Duties of a Public authorization from the Sangguniang
Office Panlalawigan; 25% to Bokal Diva, the
Sangguniang Panlalawigan member who had
lobbied for the award of the project in the
QUESTION. What crime is committed when a
Sangguniang Panlalawigan; and 25% to Mayor
person assumes the performance of duties and
Dolor of the Municipality where the project
powers of a public office or employment
would be implemented. Governor Datu
without first being sworn in?
received his share through his wife, Provincial
(a) Anticipation of duties of a public office;
First Lady Dee, who then deposited the amount
(b) Usurpation of authority;
in her personal bank account.
(c) Prohibited transaction;
(d) Unlawful appointment. (2012 Bar Exam)
Previously, upon facilitation by Bokal Diva, Mr.
Gangnam concluded an agreement with Mayor
SUGGESTED ANSWER:
Dolor for the construction of the Blank Sports
(a) anticipation of duties of a public office.
Arena worth ₱800 Million. The project was
highly overpriced because it could be
Article 237. Prolonging Performance of undertaken and completed for not more than
Duties and Powers ₱400 Million. For this project, Mayor Dolor
83
received from Mr. Gangnam a gift of ₱10 contract or transaction for the construction of
Million, while Bokal Diva got ₱25 Million. the Blank Sports Arena; for having violated of Sec
3(e) for giving Mr. Gangnam, a private party,
In both instances, Bokal Diva had her monetary unwarranted benefits or preference through
gifts deposited in the name of her secretary, manifest partiality and evident bad faith by
Terry, who personally maintained a bank entering an agreement for such construction,
account for Bokal Diva's share in government which is highly overpriced; and for having
projects. violated Sec 3(g) for entering, on behalf of the
Government, into any contract or transaction for
May each of the above-named individuals be such construction manifestly and grossly
held liable for plunder? Explain your answer. disadvantageous to the same.
(4%)
For Mr. Gangnam, he is liable for having violated
SUGGESTED ANSWER: Sec 3 of RA 3019 for giving money to the
No. For Governor Datu, he is not liable for aforementioned public officers or for entering
plunder. His act of receiving P50 million is a such contracts on the basis of conspiracy (Go v
predicate crime of plunder. However, he is not the Fifth Division, Sandiganbayan, G.R. No.
liable for plunder because the public officer must 172602, April 13, 2007)
accumulate or acquire ill-gotten wealth through a
combination or series of over or criminal acts. Crimes Against Persons (Arts. 246-266)
"Combination" means at least two different
predicate crimes, whereas the term "series"
means at least two different predicate crimes of Article 249. Homicide
the same kind. (Ejercito v. Sandiganbayan, G.R.
Nos. 157294-95, November 30, 2006). Therefore,
QUESTION. A, in a public place, fired his gun at
in this case, a single predicate crime amounting
B with the intention of killing B, but the gun
to P50 million pesos is not plunder. For only one
did not fire because the bullet is a dud. The
predicate crime, the offender must be
crime is: (1%)
prosecuted under that particular crime already
(a) Attempted homicide
covered by existing laws. "Acts of plunder" are
(b) Grave threat
what the law punishes, so there should be at
(c) Impossible crime
least two or more predicate crimes (See
(d) Alarm and scandal (2014 Bar Exam)
deliberation of the Bicameral Committee on
Justice, May 7, 1991).
SUGGESTED ANSWER:
(a) Attempted homicide
For Mayor Dolor, he is not liable for plunder. The
series of receiving kickback or gift in the amount
of P25 million and P10 million for the Article 251. Death Caused in a Tumultuous
development of an economic and tourism hub and Affray
for the construction of the Blank Sports Arena,
respectively, are predicate crimes of plunder, but
QUESTION. A, B and C are members of SFC
the total amount of ill-gotten wealth he amassed
Fraternity. While eating in a seaside
is less than P50 million. To be liable for plunder,
restaurant, they were attacked by X, Y and Z,
the aggregate amount of ill-gotten wealth should
members of a rival fraternity. A rumble ensued
be at least P50 million. Therefore, Mayor Dolor
in which the above-named members of the two
did not commit plunder.
fraternities assaulted each other in a confused
and tumultuous manner resulting in the death
For Bokal Diva, he is liable for plunder. He
of A. As it cannot be ascertained who actually
amassed ill-gotten wealth in the aggregate
killed A, the members of the two fraternities
amount of P50 million through a series of
who took part in the rumble were charged for
predicate crimes consisting of receipts of
death caused in a tumultuous affray. Will the
kickback or gift in the amount of P25 million and
charge prosper? Explain. (4%) (2010 Bar Exam)
P25 million in connection with any government
84
(b) X may plead praeter intentionem since he
SUGGESTED ANSWER: intended only to scare, not kill Z.
NO, the charge of death in a tumultuous affray (c) X may plead aberratio ictus as he had no
will not prosper. In order for death caused by intention to hit Z.
tumultuous affray to prosper it is essential that (d) X may plead commission of only Discharge
the persons involved did not organize themselves of Firearm as he had no intent to kill Z
for the similar and common purpose of assault when he fired his gun (2011 Bar Exam)
and attack against each other reciprocally. The
facts of the case would show that the SUGGESTED ANSWER:
participants were from fraternities who organized (a) X cannot plead praeter intentionem since
themselves in a similar and common purpose. It is the intent to kill is presumed from the killing
clear the the killer of A was one of the members of the victim.
of the fraternities.Conspiracy is present among
the attackers from the rival fraternity and thus a
Article 255. Infanticide
tumultuous affray could not have occurred. All
participants will be collectively liable for the
crime of homicide or murder as the case may be. QUESTION. Ana has been a bar girl/GRO at a
beer house for more than 2 years. She fell in
love with Oniok, the bartender, who
Article 253. Giving Assistance to Suicide
impregnated her. But Ana did not inform about
her condition and, instead, went to Cebu to
QUESTION. Francis and Joan were conceal her shame.
sweethearts, but their parents had objected to
their relationship because they were first However, her parents drove her away so she
cousins. They forged a pact in writing to returned to Manila and stayed with Oniok in
commit suicide. The agreement was to shoot his boarding house. Upon learning of her
each other in the head which they did. Joan pregnancy, already in an advanced state,
died. Due to medical assistance, Francis Oniok tried to persuade her to undergo an
survived. Is Francis criminally liable for the abortion, but she refused. Because of their
death of Joan? Explain. (5%) (2008 Bar Exam) constant and bitter quarrels, she suffered
birth pangs and gave birth prematurely to a
SUGGESTED ANSWER: live baby girl while Oniok was at his place of
Yes. Francis is criminally liable for assisting in the work. Upon coming home and learning what
suicide of Joan, this is evidenced by their suicide happened, he prevailed upon Ana to conceal
pact and there was mutual agreement to shoot his dishonor. Hence, they placed the infant in a
each other in their heads which was done shoe and threw it into a nearby creek.
although francis was able to survive. Under However, an inquisitive neighbor saw them and
article 253 of the revised penal code giving with the help of others. Retrieved the infant
assistance to suicide means giving means, who was already dead from drowning. The
assistance or whatever manner of positive and incident was reported to the police who
direct cooperation in the performance of suicide. arrested Ana and Oniok.
The two were charged with parricide under

Article 254. Discharge of Firearms
Article 246 of the RPC. After trial, they were
convicted of the crime charged. Was the
QUESTION. X, without intent to kill, aimed his conviction correct? (2006 Bar Exam)
gun at Z and fired it, hitting the latter who
died as a consequence. Under the SUGGESTED ANSWER:
circumstances The conviction is incorrect. The proper crime
(a) X cannot plead praeter intentionem since should be intentional abortion.Under Article 41 of
the intent to kill is presumed from the the Civil Code, a newborn with an intrauterine
killing of the victim. life of less than 7 months must live for at least 24
hours before it may be considered born and
85
therefore has not yet acquired proper juridical resistance;(2) that the person assaulted is a
personality. The newborn is still considered a person in authority or his agent;
fetus. It is a fetus that was killed and not yet a (3) that at the time of the assault, the person in
person as contemplated in the crimes of parricide authority or his agent is engaged in the actual
and infanticide. performance of official duties, or that he is
assaulted by reason of the past performance of
ALTERNATIVE ANSWER: official duties; (4) that the offender knows that
The conviction for parricide is since the infant the one he is assaulting is a person in authority or
was already three (3) days old or more when the his agent in the exercise of his duties; and (5)
baby died. Ana and Oniok are parents of the That there is no public uprising. Art. 152 of the
child. However if the child was less than 3 years same code provides that teachers, professors,
old when killed, the crime of both Ana and Oniok and persons charged with the supervision of
is infanticide and they should be convicted for public or duly recognized private schools,
infanticide. colleges, and universities in the actual
performance of their professional duties or on the
occasion of such performance shall be deemed
Article 266. Slight Physical Injuries and
persons in authority.
Maltreatment
It is evident that all the elements of direct

QUESTION. What crime is committed when a assault are present. K repeatedly punched Ms. L,
person ill-treats another by deed without a person in authority engaged in the performance
causing any injury? of her duties.
(a) The offender commits maltreatment.
(b) The offender commits slander by deed. K also committed the crime of Direct Assault
(c) The offender commits assault. against J. Art. 152 of the revised penal code
(d) The offender commits coercion. (2012 Bar states that any person who comes to the aid of
Exam) persons in authority shall be deemed an agent of
a person in authority. J, who is an agent of
SUGGESTED ANSWER: authority who came to the aid of Ms. L was hit by
(a) The offender commits maltreatment. K (Gelig v. People, G.R. No. 173150, July 28,
2010)
QUESTION. Ms. L, dean of a duly recognized
private school, caught K, one of her students,
Article 266-C. Effect of Pardon (Under Rape)
vandalizing one of the school's properties. Ms.
L called K's attention and proceeded to scold
him, causing a crowd to gather around them. QUESTION. A criminal action for rape is
Embarrassed with the situation, K attacked extinguished when the offender is forgiven by
Ms. L by repeatedly punching her on the face. (a) The offender’s wife who herself is the
Just as K was about to strike Ms. L again, J, rape victim.
another student, intervened. K then turned his (b) His wife for having raped another woman.
anger on J and also hit him repeatedly, causing (c) The rape victim’s husband.
him physical injuries. (d) The rape victim herself. (2011 Bar Exam)
What crime/s did K commit under the Revised SUGGESTED ANSWER:

Penal Code for his acts against Ms. Land J? (a) The offender’s wife who herself is the rape
Explain. (3%) (2019 Bar Exam) victim.
SUGGESTED ANSWER:
K committed two counts of Direct Assault. The
elements of direct assault under Art. 148 of the
revised penal code would provide: (1) that the
offender makes an attack, employs force, makes
a serious intimidation or makes a serious
86
activities. What is Mr. P's criminal liability, if
Anti-Trafficking in Persons Act of 2003 (Secs.
4, 5, and 6 of RA 9208, as amended by RA any?
11862) (a) Corruption of minors under the Penal Code
(b) Violation of the Child Pornography Act
(c) Violation of the Child Abuse Law
QUESTION. When the adoption of a child is
(d) None (2011 Bar Exam)
effected under the Inter-Country Adoption Act
for the purpose of prostitution, what is the
SUGGESTED ANSWER:
proper charge against the offender who is a
(b) Violation of the Child Pornography Act
public officer in relation to the exploitative
purpose?
(a) Acts that promote trafficking in persons;
(b) Trafficking in persons; Crimes Against Personal Liberty and Security
(c) Qualified trafficking in persons; (Arts. 267-292)
(d) Use of trafficked person. (2012 Bar Exam)
Article 270. Kidnapping and Failure to Return
SUGGESTED ANSWER:
a Minor.
(c) Qualified trafficking in persons.
QUESTION. Loko advertised on the internet QUESTION. A and B were legally separated.
that he was looking for commercial models for Their child C, a minor, was placed in the
a TV advertisement. Ganda, a 16-year-old custody of A, the mother, subject to monthly
beauty, applied for the project. Loko offered visitations by B, his father. On one occasion,
her a contract, which Ganda signed. She was when B had C in his company, B decided not to
asked to report to an address which turned out return C to his mother.
to be a high-end brothel. Ganda became one of
its most featured attractions. What is Loko’s Instead, B took C with him to the United States
liability, if any? What effect would Ganda’s where he intended for them to reside
minority have on Loko’s liability? (2014 Bar permanently. What crime, if any, did B
Exam) commit? Why? (5%) (2002 Bar Exam)

Loko is liable for trafficking in persons under RA B committed the crime of Kidnapping and failure
9208. Trafficking in persons is when the offender to return a minor as punished under Article 271 in
recruited, offered, and hired another person by relation to article 270 of the revised penal code.
means of fraud or deception for the purpose of
exploitation or prostitution. By means of deceit, Article 271 provides that a penalty shall be
that is, in the guise of making her a commercial imposed upon anyone who shall induce a minor to
model, Loko recruited Ganda for the purpose of abandon the home of his parents or guardians or
prostitution. the persons entrusted with his custody. It further
states that If the person committing any of the
The effect of Ganda’s minority is that it is a crimes covered by the two preceding articles
qualifying circumstance. Under Sec 6 of RA 9208, shall be the father or the mother of the minor a
when the trafficked person is a child, the crime different penalty shall be imposed. The custody
committed is qualified trafficking in persons. of C, a minor, is given to his mother and not B. B
taking C with him to the United States depriving
the mom of her lawful custody of C would be
Anti-Child Pornography Act of 2009 (Secs. 3
and 4 of RA 9775) sufficient to be penalized under this article.
QUESTION. Mr. P owns a boarding house where

he knowingly allowed children to be
videotaped while simulating explicit sexual
87
as a household servant against her will just
Article 273. Exploitation of Child Labor.
to enforce payment of a debt.
QUESTION. Aling Maria received an urgent

Article 286. Grave Coercions
telephone call from Junior, her eldest son,
asking for P2,000.00 to complete his semestral
tuition fees preparatory to his final exams in QUESTION. The three accused forcibly took
Commerce. Distressed and disturbed, she their victim from his car but the latter
borrowed money from her compadre Mang succeeded in freeing himself from their grip.
Juan with the assurance to pay him within 2 What crime did the three accused commit?
months. Two months lapsed but Aling Maria (a) Forcible abduction.
failed to settle her obligation. Mang Juan told (b) Frustrated kidnapping.
Aling Maria that she does not have to pay the (c) Attempted kidnapping.
loan if she will allow her youngest 10-year old (d) Grave coercion. (2011 Bar Exam)
daughter Annie to work as a housemaid in his
house for 2 months at P1,000.00 a month. SUGGESTED ANSWER:
Despite Aling Maria's objection, Mang Juan (d) grave coercion.
insisted and brought Annie to his house to
work as a maid. QUESTION. A entered the house of B. Once
inside the house of B, A took and seized
(a) Was a crime committed by Mang Juan personal property by compulsion from B with
when he brought Annie to his house as the use of violence and force upon things,
maid for the purpose of repaying her believing himself to be the owner of the
mother's loan? (2.5%) personal property so seized. What is the
criminal liability of A?
(b) If Aling Maria herself was made to work as (a) A is criminally liable for robbery with
a housemaid in Mang Juan's household to violence because he employed violence in
pay her loan, did he commit a crime? the taking of the personal property from
(2.5%) (2006 Bar Exam) B, robbery characterized by violence
being graver than ordinary robbery
SUGGESTED ANSWER: committed with force upon things.
(a) YES, Mang Juan violated Section 12 of R.A. (b) A is criminally liable for robbery with
No. 7610 on child abuse and exploitation, as force upon things in an inhabited house
amended by R.A. No. 7658, prohibiting because the act was committed in a house
employment of children below 15 years of constituting the dwelling of one or more
age, in relation to the crime of Exploitation persons.
of Child Labor under Article 273, RPC. Annie (c) A is criminally liable for grave coercion
is only 10 years old and under the pretext of because the presumption of intent to gain
reimbursing himself of a debt owed by is rebutted.
Annie’s mother, Mang Juan took Annie to his (d) A is criminally liable for qualified
house to work as a maid despite her trespass to dwelling because he employed
mother’s objection. Annie could not have violence. (2012 Bar Exam)
given consent to the exploitation since she
was only ten (10) years old and thus could SUGGESTED ANSWER:
not give any valid consent. c) A is criminally liable for grave coercion
because the presumption of intent to gain is
(b) If it was against her will that Aling Maria was rebutted.
made to work as a housemaid in Mang Juan’s
household to pay her debt to him, the latter
Article 287. Light Coercion (Unjust Vexation)
would be committing a crime under Article
274 of the RPC, which punishes any person
who shall compel a debtor to work for him QUESTION. Pinky was a lessee of a market
stall owned by Giovanni. When Pinky refused
88
to pay her rental, Giovanni nailed some be the liability of Manolo? (2014 Bar
wooden barricades on one of the sides of the Exam)
market stall and posted this warning: "We
have closed this portion of the door. Do not SUGGESTED ANSWER:
open it or else something may happen to you." (a) Tonio committed the crime of fencing. Mere
possession of a stolen article or object or
What crime/s did Giovanni commit, if any? anything of value which has been the
Explain your answer. (10%) (2007 Bar Exam) subject of robbery or thievery is prima facie
evidence of fencing, according to Section 5
if PD 1612. In the case at hand, Tonio is in
SUGGESTED ANSWER: possession of stolen property, it is presumed
The crime committed by Giovanni is Light that he committed the crime of fencing.
Coercion under Article 287 of the Revised Penal
Code, commonly referred to as Unjust Vexation. (b) Manolo committed the crime of trespass to
Although what was one by Giovanni could dwelling qualified by the use of force. Here
reasonably be assumed as retaliation to the he entered the house of Tonio against the
lessee’s refusal to pay rent, absent any clear latter’s will, sufficient to consummate the
violence in the premises, such would not bring crime of trespass to dwelling qualified by
about a case of grave coercion. The situation the use of force. There is no robbery
should be interpreted liberally in favor of the because the owner of the property taken
offender. The rule of pro reo precludes any cannot commit robbery.
finding for grave coercion, because it would be
against the offender. The written warning which
states “or else something may happen to you” is
Article 296. Definition of a Band and Penalty
so equivocal that it may not be interpreted as
Incurred by the Members thereof
felonious. A crime is never presumed; it the
contrary that is presumed.
QUESTION. When is a crime deemed to have
been committed by a band?
Crimes Against Property (Articles 293-332)
(a) When armed men, at least four (4) in
number, take direct part in the execution
Article 293. Who are Guilty of Robbery of the act constituting the crime.
(b) When three (3) armed men act together in
the commission of the crime.
QUESTION. Manolo, an avid art collector, was (c) When there are four ( 4) armed persons,
invited to Tonio’s house. There, Manolo one of whom is a principal by inducement.
noticed a nice painting that exactly looked like (d) When there are four (4) malefactors, one
the painting which he reported was stolen of whom is armed. (2021 Bar Exam)
from him some years back. Manolo confronted
Tonio about the painting, but Tonio denied any SUGGESTED ANSWER:
knowledge, claiming that he bought the (a) When armed men, at least four (4) in number,
painting legitimately from a friend. Manolo take direct part in the execution of the act
later proved to Tonio that the painting was constituting the crime.
indeed the stolen painting. (4%)
(a) What crime/s, if any, may Tonio be Art. 304. Possession of Picklocks or Similar
charged with? Tools
(b) Manolo decided to take matters into his QUESTION. Wenceslao and Loretta were
own hands and, one night, broke into staying in the same boarding house, occupying
Tonio’s house by destroying the wall and different rooms. One late evening, when
taking the painting. What, if any, would everyone in the house was asleep, Wenceslao
entered Loretta’s room with the use of a
89
picklock. Then, with force and violence, commission of the crime thus facilitating the
Wenceslao ravished Loretta. After he had same. The use of a picklock to enter the
satisfied his lust, Wenceslao stabbed Loretta room of the victim is not an aggravating
to death and, before leaving the room, took circumstance under Art. 14 of the Code but
her jewelry. punished as a crime by itself where the
offender has no lawful cause for possessing
(a) What crime or crimes, if any, did it. The use of picklocks is equivalent to force
Wenceslao commit? Explain. (4%) upon things in robbery with force upon
things.
(b) Discuss the applicability of the relevant
aggravating circumstances of dwelling, (c) No, the answer will be different. In that
nocturnity and the use of the picklock to case, the crime committed would be four
enter the room of the victim. (3%) separate crimes of (1) rape (2) frustrated
homicide or murder (3) theft and (4)
(c) Would your answer to [a] be the same if, unlawful possession and use of picklocks
despite the serious stab wounds she under Art. 304, RPC. The special complex
sustained, Loretta survived? Explain. (3%) crime of rape with homicide is constituted
(2009 Bar Exam) only when both of them are not
consummated, they are to be charges and
SUGGESTED ANSWER: punished separately. In any event, the
(a) Wenceslao committed the following crimes: possession of the picklock “without lawful
(1) the special complex crime of rape with cause”, more so its use in an unlawful entry
homicide (2) theft and (3) unlawful is punishable as a crime by itself.
possession of picklocks and similar tools
under Art. 304, RPC. His act of having carnal
Article 299. Robbery in an Inhabited House
knowledge of Loretta against her will and
or Public Building or Edifice Devoted to
with the use of force and violence
Worship.
constituted rape, plus the killing of Loretta
by reason or on the occasion of the rape,
gave rise to the special complex crime of QUESTION. The crime of robbery in an
rape with homicide. Since the taking of the inhabited house or public building is mitigated
jewelry was an afterthought as it was dome when the offenders
only when he was about to leave the room (a) Entered the house using false keys.
and when Loretta was already dead, the (b) Although armed did not fire their
same constitutes theft. His possession and weapons.
use of the picklock “without lawful cause” is (c) Entered through a window without
by itself punishable under Art. 304, RPC. breaking it.
(d) Although armed took property valued at
(b) Dwelling is aggravating because the crimes only P200. (2011 Bar Exam)
were committed in the property of Loretta‟s
room which in law is considered as her SUGGESTED ANSWER:
dwelling. It is well settled that “dwelling” (d) Although armed took property valued at only
includes a room in a boarding house being P200.
occupied by the offended party where she
enjoys privacy, peace of mind and sanctity Article 306. Who are Brigands
of an abode. Nocturnity or nighttime is also
aggravating because although it was not
purposely or especially sought for by QUESTION.
Wenceslao,C10 nighttime was obviously (a) Who are brigands? (5%)
taken advantaged of by him in committing
the other crimes. Under the objective test, (b) Distinguish brigandage from robbery in
nocturnity is aggravating when taken band as to elements, purpose of the
advantage of by the offender during the
90
offender and agreement among the padlocks of the doors of the houses with the
offenders. (5%) (2012 Bar Exam) use of crowbars and hammers. They claimed
that they would occupy the houses and live
SUGGESTED ANSWER: therein because the houses were idle and they
(a) Persons are deemed Brigands or Highway were entitled to free housing from the
Robbers when more than 3 armed persons government.
form a band of robbers for any of the
following purposes: (1) to commit robbery in For the reason that the houses were already
the highway; (2) to kidnap persons for the awarded to military personnel who have been
purpose of extortion or to obtain ransom; or found to have fully complied with the
(3) to attain by means of force and violence requirements for the award thereof, NHA
any other purposes. (Article 306, RPC) demanded the group to vacate within ten (10)
days from notice the houses they occupied and
(b) The distinctions between brigandage and were still occupying. Despite the lapse of the
robbery by a band are the following: 1. As to deadline, the group refused to vacate the
elements: The elements of Brigandage are: houses in question.
(a) that there be at least 4 armed persons;
(b) that they form a band of robbers; and (c) What is the criminal liability of the members
that their purpose is either to commit of the group, if any, for their actions? (5%)
robbery in the highway, or to kidnap persons (2018 Bar Exam)
for the purpose of extortion or to obtain
ransom, or to attain by means of force and SUGGESTED ANSWER:
violence any other purposes, WHEREAS the Under Art 312, the members of the group are
elements of Robbery by a Band are: (a) that liable as principals in the crime of occupation of
there be at least 4 armed persons: and (b) real property and usurpation of real rights in
that they took part in the commission of a property. Under the same article, the elements of
robbery. 2. As to purpose of the offenders: In which are as follows: 1) there is possession of any
brigandage, the purpose of the brigands is real property or real rights in property; 2) such
either to commit robbery in the highway, or real property or real rights belong to another; 3)
to kidnap persons for the purpose of the offender used violence or intimidation of
extortion or to obtain ransom, or to attain persons in occupying or usurping the property or
by means of force and violence any other real property; and 4) there is intent to gain. In
purposes, WHEREAS in robbery in band, the the case at hand, all the elements are present.
purpose of the robbers is to commit robbery, The first and second elements were satisfied by
not necessarily in the highway. 3. As to the members because the members took
agreement among the offenders: In possession of properties that have already been
brigandage, the agreement among the awarded to military personnel who have complied
brigands is to commit robbery in the with the requirements. In this case, there is also
highway, WHEREAS in robbery in band, the the use of firearms to intimidate the security
agreement among the robbers is to commit guards at the entrance of the properties and to
only a particular robbery. gain entry to the same. This caused damage to
the security measures of the property. All in all,
these circumstances satisfied the requisite of
Article 312. Occupation of Real Property or
violence and intimidation. Furthermore, intent to
Usurpation of Real Rights in Property.
gain is present, evidenced by their refusal to
vacate the houses and the enjoyment of the
QUESTION. A group of homeless and destitute same.
persons invaded and occupied the houses built
by the National Housing Authority (NHA) for
Article 316. Other Forms of Swindling.
certain military personnel. To gain entry to
the houses, the group intimidated the security
guards posted at the entrance gate with the QUESTION. There is violation of Article 316,
firearms they were carrying and destroyed the RPC (Other forms of Swindling) where
91
(a) The owner of property sells a property that Senio was about to light a match or ignite a
and subsequently rescinds the sale. lighter to set the house on fire.
(b) The real property subject of the sale does
not exist.
Article 327. Who are Liable for Malicious
(c) The property was mortgaged for a
Mischief
usurious contract of loan.
(d) The owner disposes of his encumbered
real property as if it is free from QUESTION. X and his step-father have a
encumbrances. (2011 Bar Exam) long-standing enmity. One day, irked by an
argument with his step-father, X smashed the
SUGGESTED ANSWER: windshield of his step-father’s brand new Audi
(d) The owner disposes of his encumbered real sports car. X is liable for
property as if it is free from encumbrances. (a) Malicious mischief.
(b) Malicious mischief with the alternative
mitigating circumstance of relationship.
Arson (P.D. No. PD 1613)
(c) Malicious mischief with the alternative
aggravating circumstance of relationship.
QUESTION. Senio planned to burn Bal' s house. (d) The civil damage he caused. (2011 Bar
One evening, during a drinking spree at his Exam)
house, Senio told his friends what he intended
to do and even showed them the gasoline in SUGGESTED ANSWER:
cans that he would use for the purpose. Carlo, (d) The civil damage he caused.
a common friend of Senio and Bal, was present
at the drinking spree. He was still sober when QUESTION. What crime is committed by a
Senio told them his plans. Before going home, utility worker in government who destroys
Carlo warned Bal that Senio would burn his office files as an act of revenge against his
house and had already bought gasoline that supervisor?
would be used for the purpose. Bal reported (a) The utility worker commits infidelity in
the matter to the police authorities. the custody of papers.
Meanwhile, Senio went to Bal' s house and (b) The utility worker commits malicious
proceeded to pour gasoline around the walls of mischief.
the house and it was at that point when he was (c) The utility worker commits estafa by
caught by the police. What crime did Senio removing, concealing or destroying office
commit, if any? Explain. (2015 Bar Exam) files.
(d) The utility worker commits crime
SUGGESTED ANSWER: involving destruction (2012 Bar Exam)
Senio committed attempted arson. Senio
manifested to his friends his intent to burn Bal’s SUGGESTED ANSWER:
house and then proceeded to pour gasoline (b) The utility worker commits malicious
around the house walls to commit arson—this is mischief.
not merely a preparatory act as it revealed
Senio’s apparent and clear intent to burn the
house. Senio committed attempted arson because
he already started the commission of arson;
however, he did not perform all acts to execute
his criminal design due to a cause other than his
spontaneous desistance, which having been
caught by the police.
ALTERNATIVE ANSWER:
Senio committed malicious mischief because the
facts do not state that he is carrying a match or a
lighter. Further, it was not provided in the facts
92
victim’s spiritual adviser, or a teacher in
Crimes Against Chastity (Arts. 333-334,
336-346) the school where the victim is enrolled);
2. The victim’s brother or ascendant by
consanguinity (e.g., her uncle); and
Article 337. Qualified Seduction 3. One who is regarded as “domestic” in
relation to the victim, where he enjoys
the confidence and intimacy shared by
QUESTION.
members of the same household (e.g.,
(a) Distinguish between an accomplice and a
household helpers and boarders under
conspirator.
the same roof and same household as
the victim).
(b) What are the three (3) classes of
offenders in the crime of qualified
seduction? Give an example of each. (10%) Crimes Against the Civil Status of Persons
(2007, 2012 Bar Exam) (Arts. 347-352)
SUGGESTED ANSWER:
Article 347. Simulation of births, substitution
(a) An accomplice and a conspirator are
of one child for another and concealment or
distinguished from each other as follows:
abandonment of a legitimate child
1. An accomplice is criminally liable by
mere cooperation in the crime’s QUESTION. A childless couple, A and B, wanted
execution without participating as a to have a child they could call their own. C, an
principal, by prior or simultaneous acts, unwed mother, sold her newborn baby to them.
whereas a conspirator’s participation in Thereafter, A and B caused their names to be
the commission of a crime is that of a stated in the birth certificate of the child as
co-principal; his parents. This was done in connivance with
2. An accomplice is criminally liable in his the doctor who assisted in the delivery of C.
individual capacity for his act alone, What are the criminal liabilities, if any, of the
that of cooperating in the execution of couple A and B, C and the doctor. (5%) (2002
the crime, whereas a conspirator is Bar Exam)
criminally liable both for his individual
acts in the crime’s execution and for the SUGGESTED ANSWER:
acts of other participants in the crime’s For the couple (A and B) and the doctor, they are
commission collectively. The acts of criminally liable for simulation of birth under Art
other participants in the crime’s 347 of the RPC. Simulation of birth is the act of
execution are considered also as those making it appear in the birth certificate of a child
by a conspirator for purposes of that the persons named therein are the parents
collective criminal responsibility; of the child when they are actually not the
3. An accomplice’s participation in the biological parents of the said child.
crime’s execution is when the design or
plan is already in place, whereas a For C, the unwed mother, she is criminally liable
conspirator’s participation is during the for child trafficking under Sec 7 of RA 7610. The
adoption or making of criminal design; act of buying and selling of a child is punishable
4. An accomplice is subject to a penalty by law.
one degree lower than that of a
principal; whereas, a conspirator incurs
Crimes Against Honor (Arts. 353-364)
the penalty of a principal
(b) The crime of qualified seduction has three Article 355. Libel by means of writings or
(3) classes of offenders, as follows: similar means.
1. One who employs moral influence over
the victim (e.g., a priest acting as the
93
QUESTION. Mr. L is a newspaper reporter who (d) Two separate counts of grave slander, one
writes about news items concerning the against each of them. (2011 Bar Exam)
judiciary. Mr. L believed that members of the
judiciary can be criticized and exposed for the SUGGESTED ANSWER:
prohibited acts that they commit by virtue of (c) Two separate counts of light slander, one for
the public nature of their offices. Upon each woman.
receiving numerous complaints from private
citizens, Mr. L released a scathing newspaper
Article 363. Incriminating an innocent person
expose involving Judge G and his alleged acts
constituting graft and corruption.
Consequently, Mr. L was charged with the QUESTION. A police officer surreptitiously
crime of Libel. placed a marijuana stick in a student’s pocket
and then arrested him for possession of
In response, Mr. L contended that truth is a marijuana cigarette. What crime can the
valid defense in Libel and in this relation, police officer be charged with?
claimed that he was only exposing the truth (a) None, as it is a case of entrapment
regarding Judge G's misdeeds. Further, Mr. L (b) Unlawful arrest
contended that in any event, his expose on (c) Incriminating an innocent person
Judge G is based on the complaints he received (d) Complex crime of incriminating an
from private citizens, and as such, should be innocent person with unlawful arrest
deemed as a mere fair commentary on a (2011 Bar Exam)
matter of public interest.
SUGGESTED ANSWER:
Are the contentions of Mr. L tenable? Explain. (d) Complex crime of incriminating an innocent
(3%) (2019 Bar Exam) person with unlawful arrest
SUGGESTED ANSWER: Cybercrime Prevention Act of 2012 (Sec. 4

Yes, Mr. L’s contentions are tenable. Art 361 of (c)(4) — Libel of RA 10175)
the RPC and prevailing jurisprudence provide that
if a defamatory statement is made against a
QUESTION. During the 2022 national elections,
public official on the discharge of his official Bern posted on her Facebook page a statement
duties and functions, and the truth is shown, the that Alfredo, an incumbent mayor vying for
accused will be entitled to an acquittal although re-election, has a pending corruption case with
he does not prove that the imputation was the Sandiganbayan for pocketing Php
published with good motives and for justifiable 20,000,000.00 of public funds under his
custody. Czarina, Bern’s friend, saw the post
ends. (Lopez v. People, G.R. No. 172203,
and commented online, stating: “Bhie, true
February 14, 2011) yan. Alfredo is so corrupt. Marami ding
binabahay yan. Sugarol pa!” Donnabel, also
Article 358. Slander Bern’s friend, reacted to Bern’s post by
clicking the “like” button. Another person,
Justine, who is a stranger to Bern and her
QUESTION. The exchanges of highly offensive friends, but who claims to be a crusader for
words between two quarreling women in the good governance, came across the said post.
Finding it relevant to her advocacy and
presence of a crowd of people constitute
crusade, Justine shared the link to Bern’s post
(a) One count of grave slander against the on her Twitter account.
woman who uttered the more insulting Who among Bern, Czarina, Donnabel, and
expressions. Justine, if any, are liable for the crime of
(b) Grave slander against the woman who Cyberlibel? Explain briefly. (5 points) (2022
started it and light slander against the Bar Exam)
other woman.
SUGGESTED ANSWER:
(c) Two separate counts of light slander, one
Czarina is liable for Cyberlibel due to her
for each woman. Facebook comment on Alfredo that he is “so
corrupt. Marami ding binabahay yan. Sugarol
94
pa!” Section 4(c)(4) of the CyberCrime lastly, two (2) days prior thereto, Ronnie
Prevention Act of 2012 punishes Cyberlibel which texted Rollie that the fraternity may use his
is, “the unlawful or prohibited acts of libel as house as the venue for the planned initiation.
defined in Article 355 of the Revised Penal Code,
as amended, committed through a computer
system or any other similar means which may be Aside from those who actually participated in
devised in the future.” Czarina’s public and the hazing, Redmont, Rollie, Ric, and Ronnie
malicious imputation of a crime (corrupt) and were criminally charged for the hazing of
vice (binabahay at sugarol) dishonors Alfredo. Ronald that resulted in the latter's death.
Based on this reason, only Crazina shall be liable
for the crime of Cyberlibel (a) Are the four criminally liable? (2.5%)
As to Bern, Donnabel and Justine, they did not
commit any crime punishable under the (b) Can all those criminally charged be
CyberCrime Prevention Act of 2012, They posted exonerated upon proof that Ronald,
no comment to dishonor Alfredo with public and knowing the risks, voluntarily submitted
malicious imputation of a crime, a vice, a defect himself to the initiation? Will the absence
or any act, omission, condition status or of proof that the accused intended to kill
circumstance. the victim affect their liability? (2.5%)
(2018 Bar Exam)
OTHER SPECIAL PENAL LAWS SUGGESTED ANSWER:

(a) Yes, the four are criminally liable under Sec
Anti-Hazing Act of 2018 (R.A. No. 8049, as 4 of RA 8049 or the Anti-Hazing Law, which
amended by R.A. No. 11053) states that the persons liable are as follows:
1. Owner of the place where the hazing
occurred, as an accomplice when he
QUESTION. On February 5, 2017, Rho Rio
has actual knowledge of the hazing but
Fraternity held initiation rites. Present were:
failed to prevent the same from
(i) Redmont, the Lord Chancellor and head of
happening
the fraternity; (ii) ten (10) members, one (1) of
2. Officers, former officers, and/or alumni
whom was Ric, and (iii) five (5) neophytes, one
of the fraternity who actually planned
(1) of whom was Ronald. Absent were: (i)
the hazing, although not present during
Rollie, the fraternity's Vice Chancellor and
the hazing as principals. Further, the
who actually planned the initiation; and (ii)
presence of any person during the
Ronnie, the owner of the house where the
hazing is prima facie evidence of
initiation was conducted.
participation unless he prevented the
commission of the crime.
Due to the severe beating suffered by Ronald
on that occasion, he lost consciousness and
Redmont, the Lord Chancellor of the
was brought to the nearest hospital by
fraternity, was present during the hazing;
Redmont and Ric. However, Ronald was
Rollie, the vice-chancellor, planned the
declared dead on arrival at the hospital.
initiation rites but was not present; and Ric
who did not participate but failed to prevent
During the investigation of the case, it was
the commission of the crime are liable as
found out that, although Ronald really wanted
principals. On the other hand, Ronnie, who
to join the fraternity because his father is also
clearly had no intention of preventing the
a member of the same fraternity, it was his
crime and actually offered his house, is
best friend Ric who ultimately convinced him
liable as an accomplice.
to join the fraternity and, as a prerequisite
thereto, undergo initiation. It was also shown
(b) No, those criminally charged cannot be
that Redmont and Ric did not actually
exonerated upon proof that Ronald
participate in the beating of the neophytes
voluntarily submitted himself to the
(hazing). The two (2) either merely watched
initiation. RA 8049 or the Anti-Hazing Law of
the hazing or helped in preparing food. And,
1995 was enacted to regulate hazing and
95
other forms of initiation rites in fraternities,
New Anti-Carnapping Act of 2016 (Sections 3
sororities, and other organizations, as a to 4, R.A. No. 10883)
response to the rising incidents of death of
hazing victims.
QUESTION. A is the driver of B's Mercedes Benz
Further, hazing under RA 8049 is malum car. When B was on a trip to Paris, A used the
prohibitum, which means it is the act or car for a joy ride with C whom he is courting.
omission that the law itself prohibits; Unfortunately, A met an accident. Upon his
therefore, absence of intent is of no return, B came to know about the unauthorized
moment. The doing of the prohibited act is use of the car and sued A for qualified theft. B
the crime itself, which the law considers alleged that A took and used the car with
injurious to public welfare. In People v. intent to gain as he derived some benefit or
Dungo, the Court held that when an act is satisfaction from its use. On the other hand, A
illegal, the intent of the offender is argued that he has no intent of making himself
immaterial; it discounts criminal intent and the owner of the car as he in fact returned it
disallows the defense of good faith. to the garage after the joy ride. What crime or
crimes, if any, were committed? Explain. (5%)
(2016 Bar Exam)
Anti-Wire Tapping Act (Sections 1 to 4, R.A.
No. 4200)
SUGGESTED ANSWER:
A committed carnapping under the
QUESTION. From an extension line, Ricardo Anti-Carnapping Law (RA 6539). Carnapping is the
overheard a telephone conversation between unlawful taking of motor vehicles. It is no longer
Julito and Atty. Hipolito. The latter (Atty. covered by qualified theft or robbery under the
Hipolito) was asking money from Julito in RPC (People v. Bustinera, G.R. No. 148233, 8 June
exchange for dropping the extortion charge 2004), although the concept is the same as that
filed against Julito. Ricardo was charged of of theft and robbery; therefore, rules applicable
violating the Anti-Wire Tapping Act or R.A. to theft or robbery are also applicable to
4200. carnapping (People v. Asamuddin, G.R. No.
213913, 2 September 2015). However, in theft,
Under these facts, was there a violation as the unlawful taking is to be understood within the
charged? (1%) Spanish concept of apoderamiento, wherein
(a) Yes, because the conversation was private there is physical taking and intent to appropriate
in nature. the object—there must be intent to deprive the
(b) Yes, because the conversation was lawful owner of the thing, permanently or
overheard without the consent of the temporarily (People v. Valenzuela, G. R. No.
parties, Julito and Atty. Hipolito. 160188, 21 June 2007).
(c) No, because what is punishable is
intentional listening to a conversation In the case at bar, A took the car without B’s
through a wire. consent with the intent to deprive him of the car
(d) No, because a telephone extension line is temporarily. Although the taking was merely for a
not the device or arrangement "joy ride" (or temporarily), the Court in People v.
contemplated by the law and the use of Bustinera (supra) held as the better view that
an extension line cannot be considered as which a person, with the object of going to a
wiretapping. certain place, learning how to drive, or enjoying
(e) None of the above. (2013 Bar Exam) a free ride, takes possession of a vehicle that
belongs to another, without the owner’s consent,
SUGGESTED ANSWER: he is guilty of theft because by taking possession
(d) No, because a telephone extension line is not of the personal property that belongs to another
the device or arrangement contemplated by the and by using it, his intent to gain is evident as he
law and the use of an extension line cannot be derived therefrom utility, satisfaction,
considered as wiretapping. enjoyment, and pleasure.
96
SUGGESTED ANSWER:
Swindling by Syndicate (P.D. No. 1689)
No, a case for syndicated estafa will not prosper
because a syndicate for such crime under PD 1689
QUESTION. The president, treasurer, and must compose of five (5) or more persons
secretary of ABC Corporation were charged committing the crime of estafa or other forms of
with syndicated estafa under the following swindling defined in Arts. 315 and 316 of the
Information: Revised Penal Code; whereas the case given
involved only three (3) accused who are allegedly
That on or about the 1st week of January 2010 involved to have conspired in the commission of
or subsequent thereto in Cebu City and within the swindling. But because the amount defrauded
the jurisdiction of this Honorable Court, the exceeds P100,000.00, the case is still under P.D.
above-named accused, conspiring and 1689 but with a lower penalty than syndicated
confederating together and all of them estafa.
mutually helping and aiding one another in a
syndicated manner, through a corporation
registered with the Securities and Exchange Data Privacy Act of 2012 (R.A. No. 10173)
Commission (SEC), with intention of carrying
out the unlawful or illegal act, transaction, QUESTION. The head of a big company's human
enterprise or scheme, with intent to gain and resources division copied and shared an
by means of fraud and deceit, did then and employee's physical and email address,
there willfully, unlawfully, and feloniously birthdate, civil status, and some photos with a
defraud Virna, Lana, Deborah and several friend who found the employee attractive.
other persons, by falsely or fraudulently
pretending or representing in a transaction or Did the head of the human resources division
series of transactions, which they made with commit a crime? Explain briefly. (2021 Bar
complainants and the public in general, to the Exam)
effect that they were in a legitimate business
of foreign exchange trading successively or SUGGESTED ANSWER:
simultaneously operating under the name and YES, the head of the human resources division
style of ABC Corporation and DEF Management commits a violation of the Data Privacy Act of
Philippines, Incorporated, induced and 2012. Under Section 32 of the said Act, a person
succeeded in inducing complainants and is prohibited from disclosing to a third party the
several other persons to give and deliver to personal information of an employee, without the
said accused the amount of at least consent of the data subject.
P20,000,000.00 on the strength of said
manifestations and representations, the Applying the same in this case, the head of
accused knowing fully well that the human resources disclosed to his friend the
above-named corporations registered with the personal information of an employee, which is
SEC are not licensed nor authorized to engage clearly an unauthorized use of such data. Thus,
in foreign exchange trading and that such he is liable for the Unauthorized Disclosure,
manifestations and representations to punished under Section 32 of the Data Privacy Act
transact in foreign exchange were false and of 2012.
fraudulent, that these resulted to the damage
and prejudice of the complainants and other
Obstruction of Justice (P.D. No. 1829)
persons, and that the defraudation pertains to
funds solicited from the public in general by
such corporations/associations. QUESTION. Manolo revealed to his friend
Domeng his desire to kill Cece. He likewise
Will the case for syndicated estafa prosper? confided to Domeng his desire to borrow his
Explain. (5%) (2010 Bar Exam) revolver. Domeng lent it. Manolo shot Cece in
Manila with Domeng's revolver. As his gun was
used in the killing, Domeng asked Mayor Tan to
help him escape. The mayor gave Domeng
97
P5,000.00 and told him to proceed to acts of Manolo. Thus, Mayor Tan violated
Mindanao to hide. Domeng went to Mindanao. Section 1 of PD 1829.
The mayor was later charged as an accessory
to Cece's murder.
Anti-Cattle Rustling Law of 1974 (P.D. No.
533)
(a) Can he be held liable for the charge?
Explain. ( 4 % )
QUESTION. Domingo is the caretaker of two (2)
(b) Can he be held liable for any other cows and two (2) horses owned by Hannibal.
offense? Explain fully. ( 3% ) (2008 Bar Hannibal told Domingo to lend the cows to
Exam) Tristan on the condition that the latter will
give a goat to the former when the cows are
SUGGESTED ANSWER: returned. Instead, Tristan sold the cows and
(a) The Mayor’s liability will depend if Domeng pocketed the money. Due to the neglect of
will be held liable as an accessory in his Domingo, one of the horses was stolen.
connection with the murder of Cece. If Knowing that he will be blamed for the loss,
Domeng is merely an accessory for the acts Domingo slaughtered the other horse, got the
of Manolo, Mayor Tan cannot be held liable meat, and sold it to Pastor. He later reported
for assisting in the escape of Domeng. This is to Hannibal that the two horses were stolen.
because Article 19, paragraph 3 (Revised
Penal Code), punishes the act of assisting in What crime or crimes, if any, were committed
the escape of the principal author of the by Domingo? Explain. (2.5%) (2016 Bar Exam)
crime and not an accessory.
SUGGESTED ANSWER:
However, if Domeng will be held liable as a Domingo is liable for two (2) crimes: (i) Qualified
principal by indispensable cooperation for Theft and (ii) Cattle Rustling.
his act of lending Manolo the gun that killed
Cece, Mayor Tan will be held liable as an First, Domingo’s act of slaughtering the horse
accessory. The following are the elements constitutes theft, qualified by grave abuse of
under Article 19, paragraph 3: Requisites confidence. Under Article 310, the following are
under the first class: (i) the accessory is a the elements of Qualified Theft: (i) there is
public officer, (ii) He harbors, conceals, or taking of personal property; (ii) said property
assists in the escape of the principal, (iii) belongs to another; (iii) said taking be done with
The public officer acts with abuse of his intent to gain; (iv) it is done without the owner’s
public functions, and (iv) the crime consent; (v) it is accomplished without the use of
committed by the principal is any crime, violence or intimidation against person, or force
provided it is not a light felony. All of the upon things; and (v) it is down with grave abuse
elements are present in the act of Mayor of confidence. Domingo’s act of slaughtering the
Tan’s assistance to help Domeng escape. horse and selling the meat constitutes taking
without consent of the owner with intent to gain;
(b) Yes, Mayor Tan is also liable for violating the thus, there is theft. As a caretaker of the horses,
Obstruction of Justice Law (PD No. 1829). Hannibal had a high degree of confidence that
Under Section 1 of said law, one of the Domingo would take care of his animals. Thus, his
punishable acts is the act of harboring or act of slaughtering the horse without informing
concealing, or facilitating the escape of , Hannibal constitutes as abuse of the confidence
any person he knows has committed any interposed to Domingo by the owner.
offense under existing penal laws, in order
to prevent his arrest, prosecution, and On the other hand, Cattle Rustling, which is
conviction. prohibited by PD 533, is committed when a large
cattle is take without the consent of the
In this case, it is clear that Mayor Tan owner/raiser, whether or not for profit or gain, or
assisted Domeng in his escape to escape whether committed with or without violence
being charged with his participation in the against or intimidation of any person or force
98
upon things. A horse falls under the definition of
a large cattle. Thus, the act of Domingo of killing SUGGESTED ANSWER:
the horse constitutes as a violation of the (b) A violation of the Anti-Hijacking Law of R.A.
Anti-Cattle Rustling Law (PD No. 533) No. 6235.
Safe Spaces Act (R.A. No. 11313)

Illegal Recruitment (R.A. No. 8042)
QUESTION. While a person was passing through
a construction site for a new Hall of Justice QUESTION. AA misrepresented to the
building, construction workers shouted: "Hoy complainant that he had the power, influence,
bakla, halika rito at haplusin mo 'ko!" " Hoy authority and business to obtain overseas
bakla, ang pangit mo!" "Bakla, mukha ka pa employment upon payment of placement fee.
ring lalaki kahit anong gawin mo!" AA duly collected the placement fee from the
complainant. As per certification of the
The person victimized by these remarks asks Philippine Overseas Employment
you: Was a crime committed by the workers Administration, AA did not possess any
who shouted these statements? Explain briefly. authority or license for overseas employment.
(2021 Bar Exam) Is it proper to file two (2) separate
Informations for illegal recruitment under the
SUGGESTED ANSWER: Labor Code and for estafa by means of deceit?
YES, a violation of the Safe Spaces Act (RA No. (a) No. The filing of two (2) separate
11313) was committed when the construction Informations for illegal recruitment under
workers shouted such statements. the Labor Code and for estafa by means
of deceit for the same act is violative of
Under Section 11, the following acts are unlawful the principle against double jeopardy.
and penalized: act of cursing, leering, taunting, (b) No. One Information for a complex crime
cursing, misogynistic, transphobic, homophobic, of illegal recruitment with estafa by
and sexist slurs, persistent unwanted comments means of deceit should be filed, instead of
on one’s appearance, the use of words, gestures, two (2) separate Informations.
or actions that ridicule on the basis of the sex, (c) No. A person convicted of illegal
gender, or sexual orientation, identity, and/or recruitment under the Labor Code may
expression. Said section criminalizes such acts if not, for the same act, be separately
the same is done streets and public spaces. convicted of estafa by means of deceit.
(d) Yes. A person convicted of illegal
In this case, statements made by the construction recruitment under the Labor Code may,
workers were homophobic and attacks the gender for the same act, be separately convicted
identity and/or expression of the victim. Thus, of estafa by means of deceit. (2012 Bar
they are in violation of the Safe Spaces Act. Exam)
SUGGESTED ANSWER:
Anti-Hijacking Law (R.A. No. 6235)
(d) YES, a person convicted of illegal recruitment
under the Labor Code may, for the same act, be
Compelling the pilot of an aircraft of separately convicted of estafa by means of
Philippine Registry to change its destination is deceit.
__________. (0.5%)
(a) Grave coercion QUESTION. Dela convinced Nita to work in
(b) A violation of the Anti-Hijacking Law or Taiwan, promising Nita that she would take
R.A. No. 6235 care of the processing of the necessary
(c) Grave threats documents. Dela collected P120,000.00 from
(d) A violation of the Human Security Act of Nita purportedly for the processing of her
2007 or the Anti-Terrorism Law papers. Upon receipt of the money, Nita was
(e) All of the above. (2013 Bar Exam) made to accomplish certain forms and was told
99
that she would be deployed to Taiwan within of deceit, for the latter would not have
one month. After one month, Nita followed up parted with her money had it not been the
on her application. Dela made some excuses promise of Dela of a job in Taiwan. Thus,
and told Nita that the deployment would be Dela committed the crime of Estafa by
delayed. Another month passed and Dela made means of deceit.
other excuses which made Nita suspicious. Nita
later discovered that Dela was not licensed to On the other hand, Dela also committed the
recruit. Nita confronted Dela and demanded crime of Illegal Recruitment. Under Migrant
the return of her money. Dela promised to Workers and Overseas Filipinos Act (RA No.
return the same in a week's time. 8042), illegal recruitment is committed by
persons who, without authority from the
(a) A week later, Dela was nowhere to be government, give the impression that they
found. What crime(s) did Dela commit? have the power to send workers abroad for
Explain. (2.5%) employment purposes. Dela clearly had no
license to recruit; thus, she is committed
(b) Will your answer still be the same, the crime of Illegal Recruitment when she
assuming that the promise to deploy for promised Nita that she will be deployed to
employment abroad was made by Dela to Taiwan within a period of one (1) month.
Celia, Digna and Emma, in addition to
Nita, and from whom Dela also collected (b) No, my answer will be different. In such a
the same amount of processing fee? case, Dela would have committed the crimes
Explain. (2015 Bar Exam) of (i) Estafa and (ii) Illegal Recruitment in a
Large Scale. Under the Migrant Workers and
SUGGESTED ANSWER: Overseas Filipinos Act, the following are the
(a) Dela committed two (2) crimes: (i) Estafa elements of such crime: (i) the accused
and (ii) Illegal Recruitment. Notably, in the undertook a recruitment activity defined
case of People v. Chua (G.R. No. 187052, under Article 13(b) or any other prohibited
March 10, 2010), a person convicted of practice under Article 34 of the Labor Code,
Illegal Recruitment may, in addition, be (ii) she did not have the license or the
convicted of estafa. authority to lawfully engage in the
recruitment and placement of workers, and
Estafa, under Article 315 (par. 2) (Revised (iii) she committed the same against three
Penal Code), may be committed by means of (3) or more persons individually or as a
falsely pretending to possess power, group.
influence, qualifications, property, credit,
agency, business or imaginary transactions, Therein, Dela promised to deploy three (3)
or by means of other similar deceits. To person — Celia, Digna, and Emma, when in
constitute as a violation of such crime, the fact she did not have the proper license to
following elements must be present: (i) that recruit them for overseas employment.
there must be a false pretense, fraudulent Thus, her actions constitute Illegal
act or fraudulent means, (ii) that such false Recruitment in a Large Scale and not merely
pretense, fraudulent act or fraudulent as simple Illegal Recruitment.
means must be made or executed prior to or
simultaneously with the commission of the
fraud, (iii) that the offended party must
have relied on the false pretense, fraudulent
act, or fraudulent means, that is, he was
induced to part with his money or property
because of the false pretense, fraudulent
act, or fraudulent means, (iv) that as a
result thereof, the offended party suffered
damage. In this case, the acts of Dela in
convincing Nita constitutes Estafa by means
100
Aliswan immediately went into hiding
MISCELLANEOUS QUESTIONS
afterwards.
Damages Upon learning from Amethyst about what

Aliswan had done to her, an enraged Amante
wanted to teach Aliswan a lesson he would
QUESTION. In a crime of homicide, the
never forget. Amante set out the next day to
prosecution failed to present any receipt to
look for Aliswan in his school. There, Amante
substantiate the heirs' claim for an award of
found a young man who looked very much like
actual damages, such as expenses for the wake
Aliswan. Amante immediately rushed and
and burial.
knocked the young man unconscious on the
pavement, and then draped his body with a
What kind of damages may the trial court
prepared tarpaulin reading RAPIST AKO
award to them and how much? 5% (2006 Bar
HUWAG TULARAN. Everyone else in the school
Exam)
was shocked upon witnessing what had just
transpired, unable to believe that the timid
SUGGESTED ANSWER:
and quiet Alisto, Aliswan's identical twin
The court may award temperate damages in the
brother, had committed rape.
amount of twenty-five (P25,000.00) thousand
pesos. Jurisprudence provides that temperate
(a) A criminal complaint for attempted rape
damages is awarded in homicide when there is
with homicide was brought against
insufficient proof of actual damages is offered or
Aliswan in the Prosecutor's Office.
if the actual damages proven is less than
However, after preliminary investigation,
twenty-five thousand Pesos (P25,000) (People v.
the Investigating Prosecutor recommended
Salona, G.R. No. 151251, May 19, 2004).
the filing of two separate informations -
one for attempted rape and the other for
Filing of Criminal Case homicide. Do you agree with the
recommendation? Explain your answer.
QUESTION. Sixteen year old Aliswan prodded (3%)
Amethyst, his girlfriend, to remove her
clothing while they were secretly together in (b) Before the trial court, Aliswan moved that
her bedroom late one evening. Failing to get a the cases should be dismissed because he
positive response from her, he forcibly was entitled to the exempting
undressed her. Apprehensive about rousing the circumstance of minority. Is his motion
attention of the household who did not know of correct? Explain your answer. (3%)
his presence inside her room, she resisted him
with minimal strength, but she was really (c) After receiving medical attendance for 10
sobbing in a muffled manner. He then days, Alisto consulted you about filing the
undressed himself while blocking the door. Yet, proper criminal complaint against
the image of a hapless and sobbing Amethyst Amante. What crimes, if any, will you
soon brought him to his senses, and impelled charge Amante with? Explain your answer.
him to leave her room naked. He did not notice (3%)
in his hurry that Amante, the father of
Amethyst, who was then sitting alone on a sofa (d) Answering the criminal complaint filed by
in the sala, saw him leave his daughter's room Alisto, Amante contended that he had
naked. incurred no criminal liability for lack of
criminal intent on his part, his intended
Outside the house, the now-clothed Aliswan victim being Aliswan, not Alisto. What is
spotted Allesso, Amethyst's former suitor. this defense of Amante, and explain if the
Knowing how Allesso had aggressively pursued same will prosper? (3%) (2017 Bar Exam)
Amethyst, Aliswan fatally stabbed Allesso.
101
SUGGESTED ANSWER: more, but not more than thirty (30) days and
(a) I do not agree with the recommendation for (ii) the physical injuries are not those
the filing of attempted rape. Intent to have described in the RPC. In this case, Alisto
sexual intercourse is an essential element of needed only ten (10) days for his recovery,
attempted rape. In other words, intent to lie thus, Amante is guilty of the crime of Less
with the victim must be closer. However, this Serious Physical Injuries.
intent is not proved due to the failure in
showing that Aliswan had done acts to have Amante relied on the defense of error in
carnal knowledge with Amethyst (Cruz v personae, which will not prosper. Under Article 4,
People, G.R. No. 166411, October 7, 2014); a person is still criminally responsible for
or that Aliswan had actually commenced to committing an intentional felony although the
force his penis into the victim's sexual organ actual victim is different from the intended
(People v Banzuela, G.R. No. 202060, victim due to a mistake of identity. Thus, the
December 11, 2013). Additionally, he wrong identity of the victim will not exempt
spontaneously desisted from committing Amante from his actions.
further lascivious acts after undressing
Amethyst which is considered as a defense in
rape. Undressing the victim with lewd
designs merely constitute acts of
lasciviousness (People v Sanico, G.R. No.
208469).
However, I concur with the separate charges

instead of a special complex crime. Acts of
lasciviousness cannot be combined with
homicide to create a special complex crime.
There is no special complex crime of acts of
lasciviousness with homicide under the Penal
law. Furthermore, there must be a direct
connection between the components. In this
case, the homicide is not directly connected
with the acts of lasciviousness since the
killing was motivated by personal grudge of
Aliswan against Alesso, which has no
connection to the crime committed against
Amethyst.
(b) Yes, the motion is correct. Since Aliswan's

age is above 15 but below 18, being the twin
brother of 16 year old Aliswan, the
exempting circumstance of minority shall be
appreciated in his favor except it is shown
that he acted with discernment. The cases
are dismissible since the prosecution must
first be given the opportunity to present
evidence to establish that Aliswan acted
with discernment.
(c) I would charge Amante with the crime of

Less Serious Physical Injuries. Under Article
265, the following are the elements of said
crime: (i) the offended party is
incapacitated for labor for ten (10) days or
102

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SBCA

Publication, reproduction, dissemination, and distribution, or

Material includes both cases penned by Justice Hernando and recent

D. EXECUTION AND SERVICE OF SENTENCE

E. Extinction of Criminal Liability (as amended by R.A. No. 10592)

F. Civil Liability in Criminal Cases

A. CRIMES AGAINST NATIONAL SECURITY AND LAWS OF NATIONS

B. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE (Arts.

C. CRIMES AGAINST PUBLIC ORDER (Arts. 134-160)

D. CRIMES AGAINST PUBLIC INTEREST (Arts. 161-187)

E. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

F. CRIMES AGAINST PUBLIC MORALS

G. CRIMES COMMITTED BY PUBLIC OFFICERS (Arts. 203-245)

H. CRIMES AGAINST PERSONS (Arts. 246-266)

I. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY (Arts. 267-292)

J. CRIMES AGAINST PROPERTY (Articles 293-332)

K. CRIMES AGAINST CHASTITY (Arts. 333-334, 336-346)

L. CRIMES AGAINST THE CIVIL STATUS OF PERSONS (Arts. 347-352)

M. CRIMES AGAINST HONOR (Arts. 353-364)

N. QUASI-OFFENSES (Article 365)

OTHER SPECIAL PENAL LAWS

1. ANTI-CHILD PORNOGRAPHY ACT OF 2009 (SECS. 3[A-C], 4 AND

QUESTION. A foreigner residing in Hong

In this case, Juan is Tessie’s first cousin and

Is Randy’s claim of self-defense tenable? SUGGESTED ANSWER:

SUGGESTED ANSWER: SUGGESTED ANSWER:

Lastly, Bernardo is not considered to be a

(b) While serving his sentence, Macky QUESTION.

SUGGESTED ANSWER: (c) Is A’s defense tenable? Explain. (3%)

Article 114. Who May Commit Treason

QUESTION. Conspiracy to commit a felony

SUGGESTED ANSWER: QUESTION. What is the proper charge

SUGGESTED ANSWER: SUGGESTED ANSWER:

SUGGESTED ANSWER: QUESTION. To aid in the rebuilding and

SUGGESTED ANSWER: Hence, Mr. Gulang was criminally charged

QUESTION. What crime is committed by a QUESTION. At a wake, there were people

QUESTION. Pedro, Pablito, Juan and Julio,

QUESTION. In dire need of money, Mr. R

In this case, there would be no special SUGGESTED ANSWER:

In this case, Leilani is 17 years of age, and

(b) No. Mrs. Robinson cannot be charged SUGGESTED ANSWER:

As to their degree of participation, all of

Article 308. Who are liable for theft

(a) What crime, if any, did the four SUGGESTED ANSWER:

SUGGESTED ANSWER: In theft, the unlawful taking should be

SUGGESTED ANSWER: Was the crime of libel committed? If so, are

SPECIAL PENAL LAWS SUGGESTED ANSWER:

SUGGESTED ANSWER: SUGGESTED ANSWER:

Article 11. Justifying Circumstances SUGGESTED ANSWER:

Under Article 296 of the RPC, a member of a

(c) May Mr. N avail of the benefits of the

(d) No, Mr. N is not considered as a habitual SUGGESTED ANSWER:

QUESTION. The death of the accused Article 116. Misprision of Treason

Policeman Stone was subsequently charged. Article 142. Inciting to Sedition

The two were charged with parricide under

It is evident that all the elements of direct

What crime/s did K commit under the Revised SUGGESTED ANSWER:

SUGGESTED ANSWER: SUGGESTED ANSWER:

QUESTION. Mr. P owns a boarding house where