Criminal Law - 2023 Syllabus Based Bar Q and A - AJF X RLJS

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CRIMINAL LAW
I. BOOK I [ARTICLES 1-99 OF THE REVISED is one and the same with that of Rico. (People v.
PENAL CODE (RPC)] Hinlo (G.R. No. 212151, 18 February 2015).
A. GENERAL PRINCIPLES Q: Tonito, an 8-year-old boy, was watching a free

concert at the Luneta Park with his father Tony.
1. MALA IN SE AND MALA PROHIBITA
The child stood on a chair to be able to see the
Q: Define/distinguish the following terms: (2019 performers on the stage. Juanito, a 10-year-old
BAR) boy, who was also watching the concert, could
(a) Mala in se and mala prohibita not see much of the performance on the stage
because Tonito was blocking his line of sight by
A: In crimes malum in se, an act is by nature wrong, standing on the chair. Using his elbow, Juanito
evil or bad, and so generally condemned. The moral strongly shoved Tonito to get a good view of the
trait of the offender is involved; thus, good faith or stage. The shove caused Tonito to fall to the
lack of criminal Intent on the part of the offender is ground. Seeing this, Tony struck Juanito on the
a defense, unless the crime is the result of criminal head with his hand and caused the boy to fall and
negligence. Correspondingly, modifying to hit his head on a chair. Tony also wanted to
circumstances are considered in punishing the strangle Juanito but the latter's aunt prevented
offender. him from doing so. Juanito sustained a lacerated
wound on the head that required medical
In crimes mala prohibitum, an act is not by nature attendance for 10 days. Tony was charged with
wrong, evil or bad. Yet, it is punished because there child abuse in violation of Sec. lO(a), in relation
is a law prohibiting them for public good, and thus to Sec. 3(b)(2), of R.A. No. 7610 (Child Abuse Law)
good faith or lack of criminal intent in doing the for allegedly doing an "act by deeds or words
prohibited act is not a defense. which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human
Q: Rico, a hit man, positioned himself at the being." In his defense, Tony contended that he
rooftop of a nearby building of a bank, to serve had no intention to maltreat Juanito, much less
as a lookout for Red and Rod while the two were to degrade his intrinsic worth and dignity as a
robbing the bank, as the three of them had human being. (2017 BAR)
previously planned. Ramiro, a policeman,
responded to the reported robbery. Rico saw (a) Distinguish crimes mala in se from crimes
Ramiro and, to eliminate the danger of Red and mala prohibita.
Rod being caught, pulled the trigger of his rifle,
intending to kill Ramiro. He missed as Ramiro A: In crimes malum in se, an act is by nature wrong,
slipped and fell down to the ground. Instead, a evil or bad, and so generally condemned. The moral
woman depositor who was coming out of the trait of the offender is involved; thus, good faith or
bank was fatally shot. After their apprehension, lack of criminal Intent on the part of the offender is
Rico, Red, and Rod were charged with the special a defense, unless the crime is the result of criminal
complex crime of robbery with homicide. Rico's negligence. Correspondingly, modifying
defense was that he never intended to shoot and circumstances are considered in punishing the
kill the woman, only Ramiro. Red and Rod's offender.
defense was that they were not responsible for
the death of the woman as they had no In crimes mala prohibitum, an act is not by nature
participation therein. (2018 BAR) wrong, evil or bad. Yet, it is punished because there
is a law prohibiting them for public good, and thus
(a) Is Rico's defense meritorious? good faith or lack of criminal intent in doing the
A: No, the defense is not meritorious. Any killing prohibited act is not a defense. (Bar Q & A in
committed on occasion of robbery regardless of who Criminal Law by Alejandria, 2023)
the person killed is robbery with homicide. (Bar Q &
A in Criminal Law by Alejandria, 2023) (b) Was Tony criminally liable for child abuse
under R.A. No. 761 O? Explain your
(b) Is Red and Rod's defense meritorious? answer.
A: No, the defense of Red and Rod's is also not A: No, Tony is not liable for violation of R.A. No. 7610
meritorious. The concerted manner in which Rico, or Child Abuse. "Not every instance of the laying of
Red and Rod perpetrated the crime showed clearly hands on a child constitutes the crime of child
the presence of conspiracy. When a homicide takes abuse under Sec. 10(a) of R.A. No. 7610. Only when
place by reason or on the occasion of robbery, all the laying of hands is shown beyond reasonable
those who took part shall be guilty of the special doubt, to be intended by the accused to debase,
complex crime of robbery with homicide, whether or degrade or demean the intrinsic worth and dignity
not they actually participated in the killing. of the child as a human being should it be punished
as child abuse. Otherwise, it is punished under the
Regardless of the fact that the killing of the woman Revised Penal Code. (Bongalon vs. People, 694 SCRA
depositor was individually performed by Rico, the 12, 20 March 2013)
basic principle in conspiracy is that the "act of one
is the act of all", the criminal liability of Rod and Red Tony however may be liable for Less Serious
Physical injuries for inflicting injuries which
Aegis Jvris Fraternity 1 Regina Legis et Juris Sorority

CRIMINAL LAW
requires medical attendance for more than 9 days under the RPC should she be charged
but less than 30 days under Art. 265 of the RPC. with? Explain.
2. SCOPE AND CHARACTERISTICS A: Ms. M is liable for the crime of Murder qualified
by treachery as the attack was so sudden that the
A) GENERALITY offended party was not afforded the opportunity to
B) TERRITORIALITY
defend herself.
C) PROSPECTIVITY
Q: Ms. M, a Malaysian visiting the Philippines, Q: Ando, an Indonesian national who just visited
was about to depart for Hong Kong via an the Philippines, purchased a ticket for a
Indonesian Registered commercial vessel. While passenger vessel bound for Hong Kong. While on
on board the vessel, which was still docked at board the vessel, he saw his mortal enemy Iason,
the port of Manila, she saw her mortal enemy, also an Indonesian national, seated at the back
Ms. A, an Australian citizen. Ms. A was seated at portion of the cabin and who was busy reading a
the front portion of the cabin and was busy using newspaper. Ando stealthily approached Iason
her laptop, with no idea whatsoever that Ms. M and when he was near him, Ando stabbed and
was likewise onboard the ship. Consumed by her killed Iason. The vessel is registered in Malaysia.
anger towards Ms. A, Ms. M stealthily The killing happened just a few moments after
approached the Australian from behind, and the vessel left the port of Manila. Operatives
then quickly stabbed her neck with a from the PNP Maritime Command arrested Ando.
pocketknife, resulting in Ms. A's immediate Presented for the killing of Iason, Ando
death. Operatives from the Philippine National contended that he did not incur criminal
Police-Maritime Command arrested Ms. M for liability because both he and the victim were
the killing of Ms. A and thereafter, intended to Indonesians. He likewise argued that he could
charge her under the Revised Penal Code (RPC). not be prosecuted in Manila because the vessel
Ms. M contended that the provisions of the RPC is a Malaysian-registered ship. Discuss the
cannot be applied and enforced against her merits of Ando's Contentions. (2015 BAR)
because both she and the victim are not Filipino
nationals, and besides, the alleged crime was A: The contentions of Ando that both him and the
victim are Indonesians and the vessel is a Malaysian
committed in an Indonesian-registered vessel.
registered ship are untenable. Since the killing took
(2019 BAR)
place within the Philippine territory, our penal laws
apply and he may be held criminally responsible
(a) Is Ms. M's contention against the
despite his being an Indonesian citizen in
application of the RPC against her
accordance with the territoriality principle of
tenable? Explain.
criminal laws. The nationality of the vessel is
likewise not material if the crime was committed
A: No, Ms. M's contention is untenable. Under the within the territorial jurisdiction of a country. (Bar
generality principle, penal laws shall be obligatory Q & A in Criminal Law by Alejandria, 2023)
upon all who live or sojourn in the Philippines
territory (Art. 14 of the Civil Code). The foreign
Q: Pierce is a French diplomat staffoned in the
characteristic of an offender and offended party does
Philippines. While on EDSA and driving with an
not exclude her from the operation of penal laws.
expired license, he hit a pedestrian who was
Under the Revised Penal Code, except as provided
crossing illegally. The pedestrian died. Pierce
in treaties and laws of preferential application,
was charged with reckless imprudence resulting
penal laws of the Philippines shall have force and
in homicide. In his defense, he claimed
effect within its territory.
diplomatic immunity. Is Pierce correct? (2014
Here, since the killing took place within the BAR)
Philippine territory, our penal laws apply, and Ms.
M may be held criminally responsible for murder A: Yes, Pierce is correct. Pierce, being a French
despite being a Malaysian citizen. The contention of diplomat stationed in the Philippines, would be
Ms. M that she could not be prosecuted in Manila exempt from the general application of our criminal
because the vessel is an Indonesian-registered ship laws, as provided for under laws or treaties of
is without merit. Our jurisdiction recognizes and preferential application. (Bar Q & A in Criminal Law
follows the English Rule. Crimes committed aboard by Alejandria, 2023)
a vessel within the territorial waters of a country are
triable in the courts of such a country, except when Q: What are the constitutional provisions
the crimes merely affect things within the vessel, or limiting the power of Congress to enact penal
when they only refer to the internal management laws? (2012 BAR)
thereof. Here, since the crime was committed within
Philippine waters and neither exception applies, Ms. A:
M may be prosecuted in Manila. (Bar Q & A in 1. The law must not be an ex post facto law;
Criminal Law by Alejandria, 2023) 2. The law cannot provide punishment without
judicial proceedings;
(b) Assuming that the provisions of the RPC 3. The law must not impose inhumane, cruel
can be applied against Ms. M, what crime punishment;

CRIMINAL LAW
4. The due process of law must be upheld at all judicial trial. (Bar Q & A in Criminal Law by
times Alejandria, 2023)
Q: Hubert and Eunice were married in the Q: Congress passed a law reviving the Anti-
Philippines. Hubert took graduate studies in New Subversion Law, making it a criminal offense
York and met his former girlfriend Eula. They again for a person to join the Communist Party
renewed their friendship and finally decided to of the Philippines. Reporma, a former high-
get married. The first wife, Eunice, heard about ranking member of the Communist Party, was
the marriage and secures a copy of the marriage charged under the new law for his membership
contract in New York. Eunice filed a case of in the Communist Party when he was a student
Bigamy against Hubert in the Philippines. (2008 in the 80's. He now challenges the charge against
BAR) him. What objections may he raise? (2014 BAR)
(a) Will the case prosper? Explain. A: Reporma may raise the limitations imposed by
the 1987 Constitution on the power of Congress to
A: No, because the Philippine Courts have no enact retroactive penal laws which are prejudicial to
jurisdiction over a crime committed outside of the the accused. Under the Bill of Rights of the
Philippine territory. Under the principle of Constitution such is classified as an ex post facto
territoriality, penal laws, specifically the RPC, are law. It should be noted that when Congress
enforceable only within the bounds of our territory decriminalized the crime of subversion, under R.A.
(Art. 2, RPC). (eCodal Criminal Law Past Bar Q and No. 7637, it obliterated the felony and its effects
A’s 2005 - 2022) upon Reporma. Consequently, charging him now
under the new law for his previous membership in
(b) If Eunice gave her consent to the second the Communist Party would be constitutionally
marriage, what will your answer be? impermissible. (Bar Q & A in Criminal Law by
Explain. Alejandria, 2023)
A: The answer will be the same. The consent of 5. INTERPRETATION OF PENAL LAWS
Eunice would not confer jurisdiction on Philippine
Courts. (eCodal Criminal Law Past Bar Q and A’s Q: Motive is essential in the determination of the
2005 - 2022) commission of a crime and the liabilities of the
perpetrators. What are the instances where proof
of motive is not essential or required to justify
3. PRO REO PRINCIPLE conviction of an accused? Give at least 3
instances. (2006 BAR)
Q: What is the doctrine of pro reo? How does it
relate to Article 48 of the Revised Penal Code? A:
(2010 BAR) 1. When there is an eyewitness or positive
identification of the accused.
A: The doctrine of pro reo advocates that penal laws 2. When the accused admitted or confessed to
and laws penal in nature are to be construed and the commission of the crime.
applied in a way lenient or liberal to the offender, 3. In crimes mala prohibita.
consonant to and consistent with the constitutional 4. In direct assault, when the victim, who is a
guarantee that an accused shall be presumed person in authority or agent of a person in
innocent until his guilt is established beyond authority, was attacked in the actual
reasonable doubt. performance of his duty (Art. 148, Revised
Penal
Under Art. 48 of the Revised Penal Code, crimes are Code).
complexed and punished with a single penalty (i.e. 5. In crimes committed through reckless
that prescribed for the most serious crime and to be imprudence. (eCodal Criminal Law Past Bar
imposed in its maximum period) Complex crimes Q and A’s 2005 - 2022)
are made to shorten the length of imprisonment of
the offender who shall instead be serving longer
penalties for two crimes he committed. (Bar Q & A 6. RETROACTIVE EFFECT OF PENAL LAWS
in Criminal Law by Alejandria, 2023)
B. FELONIES
1. CRIMINAL LIABILITIES AND FELONIES

4. EX POST FACTO LAW
A) CLASSIFICATIONS OF FELONIES
Q: Distinguish between ex post facto law and bill
of attainder. (2015 BAR) Q: Define/distinguish the following terms:
Grave, less grave, and light felonies (2019 BAR)
A: Ex post facto as one of the limitations of the
Congress in enacting penal laws makes an innocent A: Grave felonies are those to which the law attaches
act a crime after the act was committed. A bill of the capital punishment or penalties which in any of
attainder is a law which inflicts punishment on a their periods are afflictive, in accordance with Art.
named individual or a group of individuals without 25 of the Revised Penal Code.

CRIMINAL LAW
Less grave felonies are those which the law punishes In the case of error in personae, the offender shall be
with penalties which in their maximum period are guilty of the crime actually committed by him, but
correctional, in accordance with the above- the penalty to be imposed shall either be the penalty
mentioned Article. for the crime actually committed or that for the
crime intended to be committed, whichever is lower,
Light felonies are those infractions of law for the but the same will be imposed in its maximum
commission of which a penalty of arresto menor or a period.
fine not exceeding 200 pesos or both; is provided.
(Art. 9 of the RPC) In the case of praeter intentionem, the offended, will
incur criminal liability for the felony actually
Q: How are felonies committed? Explain each. committed by him, but he will be entitled to the
(2015 BAR) mitigating circumstance of not having intended to
commit so grave a wrong as that which he
A: Felonies are committed not only by means of committed.
deceit (dolo) but also by means of fault (culpa). There
is deceit when the act is performed with deliberate Q: What is aberratio ictus? (2015 BAR)
intent and there is fault when the wrongful act
results from imprudence, negligence, lack of A: In aberratio ictus or mistake in the blow, the
foresight, or lack of skill. (Art. 3 RPC) offender intending to cause an injury to one person
actually inflicts it on another due to lack of
precision, as far for example when A, intending to
B) ABERRATIO ICTUS, ERROR IN PERSONAE, AND kill B, fires his gun to the latter but because of poor
PRAETER INTENTIONEM
aim or lack of precision, he hits C instead, who
suffers serious physical injury. The offender is liable
Q: While attending to an Enhanced Community
although the wrongful act done is different from that
Quarantine barangay checkpoint, a barangay
which he intended. (Art. 4 RPC).
tanod confronted a resident for non-essential
travel. Infuriated by the barangay tanod's tone, In aberratio ictus, two offenses are actually
the resident punched the tanod's head. The committed by the offender, that which he intended
barangay tanod fell, sustained brain hemorrhage, to commit and that which he actually committed.
and died as a result. Charged with Homicide, the But if these two offenses are both either grave or less
resident denies liability, arguing that there can grave, since they are produced by one single act, a
be no conviction if there is no intent to cause complex crime will result.
the barangay tanod's death. Is the resident's
defense tenable? Explain briefly. (2021 BAR) Q: Honesto and Wilma were married but had been
living separately due to irreconcilable
A: No, the resident's defense is untenable. Criminal differences. Honesto later met Celia and fell in
liability shall be incurred by any person committing love with her. Thinking that he could marry
a felony (delito) although the wrongful act done be Celia if Wilma were to die, Honesto decided to
different from that which he intended. (Art. 4, Par. kill Wilma. He secretly followed Wilma for weeks
1 of the RPC) When the offender had no intention to
to learn her daily routine. He decided to kill her
commit so grave a wrong as that committed (praetor
at night on her way home. On the night he was
intentionem), the same is only a mitigating
to kill Wilma, Honesto wore dark clothes so that
circumstance.
he would not be easily seen. He waited in the
dark alley for Wilma to pass by. He saw someone
The resident is liable for the death of the barangay
whom he thought looked like Wilma and shot her
tanod. His contention that there was no intent to kill
is not meritorious since intent to kill is presumed with a revolver. The bullet passed through the
when the victim dies. His liability however may be person's head and grazed another passerby's
mitigated when the resulting injury went beyond arm. Some bystanders who heard the shot were
that intended. (Bar Q & A in Criminal Law by able to stop Honesto.
Alejandria, 2023)
It turned out that Wilma did not report for work
Q: Define/distinguish the following terms: on that day, and the one who was shot in the
Aberratio ictus, error in personae, and praeter head was Melba, who died. The passerby whose
intentionem (2019 BAR) arm was grazed by the bullet required medical
attendance for two days. (2015 BAR)
A: In praeter intentionem, the injurious result is
greater than that intended by the offender. The (a) What crime(s) did Honesto commit?
presence of these circumstances will alter the Explain.
criminal liability of the accused. Thus:
A: Honesto is liable for murder qualified by the
In aberratio ictus, two offenses are actually circumstance of treachery for killing Melba due to
committed by the offender, that which he intended error in personae or mistake of identity and slight
to commit and that which he actually committed. physical injuries for the wound sustained by the
But if these two offenses are both either grave or less passerby due to aberratio ictus or mistake of blow.
grave, since they are produced by one single act, a
complex crime will result. '

CRIMINAL LAW
(b) Will your answer be the same, assuming
that the other passerby was hit in the left A: Yes, the answer would be the same.
eye which caused his/her blindness?
Explain.
C) ELEMENTS OF CRIMINAL LIABILITY
A: The answer would not be the same. Honesto is
D) IMPOSSIBLE CRIME
liable for serious physical injuries. Serious Physical
Injuries is committed when the victim would suffer Q: Roberto and Ricardo have had a long-
injury which requires more than 30 days of medical standing dispute regarding conflicting claims
attendance or there would be loss of senses such as over the ownership of a parcel of land. One night,
blindness. Roberto was so enraged that he decided to kill
Ricardo. Roberto asked his best friend, Rafael, to
With the murder committed by Honesto against
lend him a gun and drive him to Ricardo's house.
Melba, his felonious act shall give rise to a complex
Rafael knew about Roberto's plan to kill Ricardo,
crime of Murder with Serious Physical Injuries. (Bar
but agreed to lend him a gun nevertheless.
Q & A in Criminal Law by Alejandria, 2023)
Rafael also drove Roberto to the street corner
nearest the house of Ricardo. Rafael waited for
Q: Macho married Ganda, a transgender. Macho
him there, until the task had been accomplished,
was not then aware that Ganda was a
so that he could drive Roberto to the next town
transgender. On their first night, after their
to evade arrest. Roberto also asked another
marriage, Macho discovered that Ganda was a
friend, Ruel, to stand guard outside Ricardo's
transgender. Macho confronted Ganda and a
house, for the purpose of warning him in case
heated argument ensued. In the course of the
there was any danger or possible witnesses, and
heated argument, a fight took place wherein
to keep other persons away from the vicinity. All
Ganda got hold of a knife to stab Macho. Macho
three Roberto, Rafael and Ruel-agreed to the
ran away from the stabbing thrusts and got his
plan and their respective roles.
gun which he pointed at Ganda just to frighten
and stop Ganda from continuing with the attack.
On the agreed date, Rafael drove Roberto and
Macho had no intention at all to kill Ganda.
Ruel to the nearest corner near Ricardo's house.
Unfamiliar with guns, Macho accidentally pulled
Roberto and Ruel walked about 50 meters where
the trigger and hit Gonda that caused the latter's
Ruel took his post as guard, and Roberto walked
death. What was the crime committed? (2014
about five (5) meters more, aimed the gun at
BAR)
Ricardo's bedroom, and peppered it with bullets.
A: Macho committed the crime of Homicide. Macho When he thought that he had accomplished his
is liable for all the acts he committed even if the plan, Roberto ran away, followed by Ruel, and
wrongful act was different from what he intended. together they rode in Rafael's car where they
Since death resulted from Macho's act of drove to the next town to spend the night there.
accidentally pulling the trigger of the gun, homicide It turned out that Ricardo was out of town when
is committed. Intent to kill is a general criminal the incident happened, and no one was in his
intent which is presumed by law when the victim room at the time it was peppered with bullets.
died. (Bar Q & A in Criminal Law by Alejandria, Thus, no one was killed or injured during the
2023) incident. (2018 BAR)
Q: Ponciano borrowed Ruben's gun, saying that (a) Was a crime committed? If yes, what
he would use it to kill Freddie. Because Ruben is/are the crime/s committed?
also resented Freddie, he readily lent his gun,
but told Ponciano: "O, pagkabaril mo kay A: The offense committed is an impossible crime of
Freddie, isauli mo kaagad, ha." Later, Ponciano Murder (Art. 4, Par. 2, RPC); the factual situation
killed Freddie, but used a knife because he did that made impossible the accomplishment of the
not want Freddie's neighbors to hear the crime intended when they prepared Ricardo's room
gunshot. (2009 BAR) with bullets, was the physical absence of the
intended victim in the room. Impossible crime may
(a) What, if any, is the liability of Ruben? be committed by any person performing an act
Explain. which would be an offense against persons or
property, were it not for the inherent impossibility
A: Ruben is not criminally liable. His knowledge of of its accomplishment or an account of the
the crime to be committed by Ponciano, without him employment of inadequate or ineffectual means.
actually participating in the crime committed, is in (Bar Q & A in Criminal Law by Alejandria, 2023)
the preparatory stage which shall not make him a
conspirator. (Bar Q & A in Criminal Law by (b) If a crime was committed, what is the
Alejandria, 2023) degree of participation of Roberto, Rafael,
and Ruel?
(b) Would your answer be the same if, instead
of Freddie, it was Manuel, a relative of A: All the perpetrators (Roberto, Ricardo and Rafael)
Ruben, who was killed by Ponciano using are criminally liable as principals since the
Ruben's gun? Explain. conspiracy among them was clearly established by

CRIMINAL LAW
their participation. A conspiracy exists when two or by Hector of the video of Wendy having sexual
more persons come to an agreement concerning the intercourse with another man, Ariel, is sufficient to
commission of a felony and decide to commit it. (Art. charge his wife with Adultery. The fact that Wendy
8 of the RPC) was later discovered by Hector to be born male who
simply underwent sexual reassignment later in life,
Q: On the way home from work, Rica lost her is immaterial to the charge of Adultery considering
necklace to a snatcher. A week later, she saw that the marriage between the same sex is
what looked like her necklace on display in a considered valid in the USA where they were
jewelry store in Roon. Believing that the married. (Bar Q & A in Criminal Law by Alejandria,
necklace on display was the same necklace 2023)
snatched from her the week before, she
surreptitiously took the necklace without the (b) What is an impossible crime? Can there
knowledge and consent of the store owner. Later, be an impossible crime of adultery?
the loss of the necklace was discovered, and Rica
was shown on the CCTV camera of the store as A: An impossible crime is an act which would be an
the culprit. Accordingly, Rica was charged with offense against persons or property, were it not for
theft of the necklace. Rica raised the defense the inherent impossibility of its accomplishment or
on account of the employment of inadequate or
that she could not be guilty as charged because
ineffectual means. There is no impossible crime of
she was the owner of the necklace and that the
adultery since this is a crime against chastity, and
element of intent to gain was lacking. (2018
not against person or property.
BAR)
What should be the verdict if:
E) STAGES OF EXECUTION
(a) The necklace is proven to be owned by
Rica? Q: A police officer responded to a disturbance
call at around 1 :30 p.m. In an apartment in
A: Rica is not liable for the crime of theft because Quezon City. Upon his arrival, the police officer
the taking was made under a claim of ownership. encountered Slsa stabbing her 1-year old child
The fact of ownership negates any intention to gain, with a kitchen knife. The police officer grabbed
as Rica cannot steal the necklace which she claims Sisa and the latter threw the knife on the floor.
to own. (Bar Q & A in Criminal Law by Alejandria, Sisa was Immediately taken into custody.
2023) Despite suffering multiple stab wounds on her
back, the child survived. During the trial, Slsa
(b) It is proven that the store acquired the Insisted that she can only be held liable for
necklace from another person who was Attempted Parricide because she voluntarily
the real owner of the necklace? desisted when she threw down the knife. Is Slsa's
contention tenable? Explain briefly. (2022 BAR)
A: Rica will be liable for the crime of Theft. Her act
of taking the property, thinking it was her property A: The contention of Sisa is untenable.
without ascertaining its ownership constitutes
intent to gain. When the accused intended to kill his victim, as
manifested by his use of a deadly weapon in his
Q: Filipino citizens Hector and Wendy were assault, and his victim sustained fatal or mortal
married in New York and have been living wound/s but did not die because of timely medical
happily in Manila for the last three years. Hector assistance, the crime committed is frustrated
was removing junk from his basement when he murder or frustrated homicide depending on
came across an unlabeled recordable CD. He put whether or not any of the qualifying circumstances
it in his computer's DVD drive to check its under Article 249 of the Revised Penal Code are
contents. To his surprise, he saw a video of present. However, if the wound/s sustained by the
Wendy and another man, Ariel, in the act of victim in such a case were not fatal or mortal, then
sexual intercourse in the master's bedroom of the crime committed is only attempted murder or
his house. Angered by what he saw, he filed a attempted homicide. If there was no intent to kill on
complaint for adultery against Wendy and Ariel. the part of the accused and the wound/s sustained
During the course of the trial, and again to the by the victim were not fatal, the crime committed
surprise of Hector, It was proved that Wendy was may be serious, less serious or slight physical
injury. (Edenetino vs People, G.R. No. 206632, 7
born male and underwent sex reassignment later
February 2018)
in life. (2015 BAR)
In this case, were it not for the arrival of the police

(a) May Hector's charge of adultery against
officers who were able to grab the knife from Sisa,
Wendy and Ariel prosper? Explain.
the 1-year-old child could have died because of the
multiple stab wounds she sustained and the
A: Yes, Hector's charge of Adultery will prosper.
offender shall be liable for Infanticide, the victim
Adultery has the following elements: (l) the woman
being less than 3 day old. Since the wounds
is married; (2) she has sexual intercourse with a sustained by the victim are fatal and there is no
man not her husband; (3) as regards the man with showing that she ceased from stabbing her child
whom she had sexual intercourse, he must know
because on her own spontaneous desistance,
her to be married. In the case at hand, the discovery

CRIMINAL LAW
animus interficendi or intent to kill the victim is Q: Is the crime of theft susceptible to
shown and the fact that the victim survived, the commission in the frustrated stage? Explain
crime is already in the frustrated stage.(Bar Q & A your answer in relation to what produces the
in Criminal Law by Alejandria, 2023) crime of theft in Its consummated stage and by
way of illustration of the subjective and
Q: Mr. A has a long-standing feud with Mr. B. As objective phases of the felony. (2012 BAR)
payback for Mr. B's numerous transgressions
against him, Mr. A planned to bum down Mr. B's A: There is no crime of Frustrated Theft and this is
rest house. One night, Mr. A went to the rest well-settled in the case of Valenzuela v. People. In
house and started pouring gasoline on its walls. that case, the SC held that unlawful
However, just as Mr. A had lit the match for taking/Asportation, is the deprivation of the one's
burning, he was discovered by Mr. B's caretaker, personal property, is also the element which
Ms. C, and was consequently prevented from produces Consummated Theft. This is deemed
setting the rest house on fire. Mr. A was then complete from the moment the offender gains
charged with Frustrated Arson. (2019 BAR) possession of the thing belonging to another.
Without asportation, there can only be attempted
(a) Is the charge of Frustrated Arson proper? theft. That being the case, the crime of theft cannot
Explain. be committed in the frustrated stage. (Bar Q & A in
Criminal Law by Alejandria, 2023)
A: There is no such crime as Frustrated Arson
because even if a part of the premise was burned, Q: Explain and illustrate the stages of execution
the crime is already consummated. (Bar Q & A in of the crime of homicide, taking into account
Criminal Law by Alejandria, 2023) the nature of the offense, the essential element
of each of the stages of execution and the
(b) Assuming that Mr. A successfully burned manner of committing such international felony
down Mr. B's rest house, and as a result, as distinguished from felony committed through
Ms. C was trapped therein and was reckless imprudence. (2012 BAR)
subsequently killed in the fire, what
crime/s did Mr. A commit? Explain. A: Homicide can be committed in 3 stages,
attempted, frustrated and consummated. Intent to
A: The crime committed is Arson. Any death which kill is a requisite in all 3 stages. If death results,
occurs on occasion of Arson is absorbed. intent to kill is presumed. The crime committed is
consummated homicide. If death is a result of a
Q: Senio planned to burn Bal's house. One reckless act, the crime is reckless imprudence
evening, during a drinking spree at his house, resulting in homicide. But if the victim did not die
Senio told his friends what he intended to do and as a result of wounds caused by malicious acts,
even showed them the gasoline in cans that he intent to kill must be established by the
would use for the purpose. Carlo, a common prosecution. If intent to kill is proven, the crime
committed becomes attempted or frustrated
friend of Senio and Bal, was present at the
homicide as the case may be. If intent to kill is not
drinking spree. He was still sober when Senlo
proven there is only physical injuries.
told them his plans. Before going home, Carlo
warned Bal that Senlo would burn his house and
If the offender attempted to inflict non-mortal
had already bought gasoline that would be used
wounds to the victim, with intent to kill, the offender
for the purpose. Bal reported the matter to the commenced an overt act to commit homicide and
police authorities. Meanwhile, Senlo went to the crime committed is attempted homicide if he
Bal's house and proceeded to pour gasoline failed to kill the victim by reason of some cause or
around the walls of the house and It was at that accident other than his own spontaneous
point when he was caught by the police. What desistance. If the offender with intent to kill inflicted
crime did Senlo commit, if any? Explain. (2015 mortal wounds to the victim, he is considered to
BAR) have performed all acts of execution which would
produce homicide. There is frustrated homicide if
A: Senio is liable for attempted arson. He manifested death does not result despite the mortal character
his intention to burn the house of Bal to his friends. of the wound due to cause independent of the will of
He then performed the act of pouring gasoline the perpetrator or consummated homicide if death
around the walls of the house to execute his results. (Bar Q & A in Criminal Law by Alejandria,
criminal design to commit arson. This is not just a 2023)
preparatory act, because it already ceased to be
equivocal and revealed a clear intention to burn the
house. In sum, he already commenced the F) CONTINUING CRIMES
commission of the crime of arson directly by overt
acts but he did not perform all acts to execute his G) COMPLEX CRIMES AND COMPOSITE CRIMES
criminal design to commit arson by setting the
house on fire due to a cause other than his Q: Angelo devised a Ponzi Scheme in which 500
spontaneous desistance, and that is, having been persons were deceived into investing their
caught by the police. (Bar Q & A in Criminal Law by money upon a promise of a capital return of 25%,
Alejandria, 2023) computed monthly, and guaranteed by post-
dated checks. During the first two months

CRIMINAL LAW
following the investment, the investors received A: Delito continuado or continuous crime, is a term
their profits, but thereafter, Angelo vanished. used to denote as only one crime a series of
felonious acts arising from a single criminal
Angelo was charged with 500 counts of estafa resolution, not susceptible of division, which are
and 2,000 counts of violation of Batas Pambansa carried out in the same place and at about the same
(BP) 22. In his motion to quash, Angelo contends time, and violating one and the same penal
that he committed a continued crime, or delito provision. The acts done must be impelled by one
continuado, hence, he committed only one criminal intent or purpose, such that each act
count of estafa and one count of violation of BP merely constitutes a partial execution of a particular
22. (2009 BAR) crime, violating one and the same penal provision.
It involves a concurrence of felonious acts violating
a common right, a common penal provision, and
(a) What is delito continuado?
impelled by a single criminal impulse (People vs.
Ledesma, G.R. No. L-41522, 29 September 1976).
A: Delito continuado is also referred as continuous
or continued crime which refers to a series of acts
when perpetrated in pursuance of a single criminal 2. CIRCUMSTANCES AFFECTING CRIMINAL
impulse violating one and the same penal provision LIABILITY
committed in the same place and at a same time for
the same criminal purpose, it is regarded in law as Q: A, B, and C agreed to rob the house of Mr. Dat
committing only one crime. (Bar Q & A in Criminal 10 o'clock in the evening, with Cas the driver of
Law by Alejandria, 2023) the tricycle which they would use in going to and
leaving the house of Mr. D, and A and B as the
(b) Is Angelo's contention tenable? Explain. ones who would enter the house to get the
valuables of Mr. D. As planned, C parked the
A: No, Angelo is not correct. Each and every tricycle in a dark place, while A and B entered
transaction entered by him, and check issued by
the house thru an open door. Once inside, A
Angelo is a separate crime of Estafa and violation of
entered the master's bedroom and started
BP 22.
getting all the valuables he could see, while B
entered another room. While inside the room, B
Q: Distinguish the following from each other:
saw a male person and immediately B brought
(2005 BAR)
out his gun but he accidentally pulled its trigger.
The bullet went through the window, hiffing a
(a) Complex crime under Article 48 of the
neighbor that killed him. Neighbors were then
Revised Penal Code;
awakened by the gunfire and policemen were
A: An ordinary complex crime is made up of two or alerted. Not long after, policemen arrived. A and
more crimes being punished in distinct provisions B panicked and got hold of a young boy and
of the Revised Penal Code but alleged in one shouted to the policemen who were already
information either because they were brought about outside of the house that they would harm the
by a single felonious act or because one offense is a boy if the policemen did not disperse. A and B
necessary means for committing the other offense or demanded that they should be allowed to use a
offenses. They are alleged in one information so that vehicle to bring them to a certain place and that
only one penalty shall be imposed. As to penalties, would be the time that they would release the
ordinary complex crime, the penalty for the most young boy. The policemen acceded. In the
serious crime shall be imposed and in its maximum meantime, C was arrested by the policemen
period. (eCodal Criminal Law Past Bar Q and A’s while he was about to flee, while A and B, after
2005 - 2022) releasing the young boy, were arrested. What
crime/s did A, B, and C commit, and what
(b) Special complex crime; and modifying circumstances attended the
commission of the crime/s? (2014 BAR)
A: A special complex crime is made up of two or
more crimes which are considered only as A: The crime committed by A, B and C is Robbery
components of a single indivisible offense being with Homicide. Regardless of the number of persons
punished in one provision of the Revised Penal killed on occasion of Robbery, the crime committed
Code. As to penalties, special complex crime, only is Robbery with Homicide. The aggravating
one penalty is specifically prescribed for all the circumstance of Dwelling is not to be appreciated
component crimes which are regarded as one when the same is inherent in the commission of the
indivisible offense. The component crimes are not crime. The use of a motor vehicle to get away is
regarded as distinct crimes and so the penalty for however aggravating. (Bar Q & A in Criminal Law by
the most serious crime is not the penalty to be Alejandria, 2023)
imposed nor in its maximum period. It is the penalty
specifically provided for the special complex crime A) JUSTIFYING CIRCUMSTANCES
that shall be applied according to the rules on
imposition of the penalty. (eCodal Criminal Law Past Q: Police officer John ran after Randy who had
Bar Q and A’s 2005 - 2022) just killed Willy in John's presence. John fired at
Randy in an attempt to stop him in his tracks.
(c) Delito continuado. In response, Randy fired back at John, hitting
him. John was seriously wounded but survived

CRIMINAL LAW
due to timely medical assistance. Randy was (c) May Mr. R validly invoke the justifying
then charged with Frustrated Homicide. During circumstances of self-defense? Explain.
the trial, Randy claimed self-defense. Is Randy's
claim of self-defense tenable? Explain briefly. A: No, self-defense may not be invoked since Mr. R
(2022 BAR) in the first place is the aggressor and Mrs. V was
actually acted in defense of his property.
A: The claim of Self-defense is untenable. In Randy's
claim of self-defense, he has the burden to prove, by Q: Pedro is married to Tessie. Juan is the first
clear and convincing evidence, that the killing was cousin of Tessie. While in the market, Pedro saw
attended by the following circumstances: (l) a man stabbing Juan. Seeing the attack on Juan,
unlawful aggression on the part of the victim; (2) Pedro picked up a spade nearby and hit the
reasonable necessity of the means employed to attacker on his head which caused the latter's
prevent or repel such aggression; and (3) lack of death. Can Pedro be absolved of the killing on
sufficient provocation on the part of the person the ground that it is in defense of a relative?
resorting to self-defense. Unlawful aggression refers Explain. (2016 BAR)
to "an actual physical assault, or at least a threat to
inflict real imminent injury, upon a person." A: No, Pedro cannot use the defense of a relative.
Randy committed a crime in the presence of the The enumerated relatives mentioned in Article 11 of
police officer who consequently, can validly make a the RPC are the following; spouse, ascendant,
warrantless arrest. Police Officer John's act in the descendants, legitimate, natural and adopted
fulfillment of his duty cannot be equated as brothers and sisters or of his relatives by affinity in
unlawful aggression. (People vs. Felipe Delima, 46 the same degrees, and those by consanguinity
Phil. 738) Without unlawful aggression, the within the fourth civil degree.
justifying circumstance of self-defense has no leg to
stand on and cannot be appreciated in favor of Juan is the first cousin of his wife Tessie. Hence,
Randy. The assault made by Randy was not an act Pedro is not related to Juan by consanguinity but
of self-defense but a determined aggression on his by affinity. Pedro can only invoke defense of a
part. stranger to the ascendants, descendants or natural
and adopted brothers and sisters or of his relatives
Q: In dire need of money, Mr. R decided to steal by affinity to the same degree. With respect to other
from his next-door neighbor, Mrs. V. On the relatives, defense of a relative applies only to
night of May 15, 2010, Mr. R proceeded with his relatives within the fourth civil degree by
plan entered Mrs. V's bedroom by breaking one consanguinity.(Bar Q & A in Criminal Law by
of the windows from the outside. Finding Mrs. V Alejandria, 2023)
sound asleep, he silently foraged through her
cabinet, and stashed all the bundles of cash and
jewelries he could find. As Mr. R was about to B) EXEMPTING CIRCUMSTANCES
leave, he heard Mrs. V shout, "Stop or I will shoot
Q: Michael was driving along the highway when
you!", and when he turned around, he saw Mrs. V
he executed a prohibited U-Turn. Dyords, a
cocking a rifle which has pointed at him. Fearing
police officer, accosted Michael for the traffic
for his life, Mr. R then lunged at Mrs. V and was
violation. A verbal argument ensued between
able to wrest the gun away from her. Thereafter,
them. Dyords suddenly drew his service firearm,
Mr. R shot Mrs. V, which resulted in her death.
and pointed it at Michael. Dyords ordered
Mr. R's deeds were discovered on the very same
Michael to alight from his car, which the latter
night as he was seen by law enforcement
obeyed. Dyords then handcuffed Michael and
authorities fleeing the crime scene. (2019 BAR)
pinned his head and body against the pavement
(a) What crlme/s did Mr. R commit under the until he could no longer breathe. Michael died.
Revised Penal Code? Explain. Charged with Homicide, Dyords interposed the
exempting circumstance of accident as a
A: Mr. R is liable for Robbery with Homicide. When defense. If you were the judge, how would you
death occurs on occasion of Robbery, the crime resolve Dyords' defense? Explain briefly. (2022
committed is a complex crime of Robbery with BAR)
Homicide.
A: The defense of Dyords is not meritorious.
(b) Based on your answer in question (a), Exemption from criminal liability proceeds from a
within what period should the finding that the harm to the victim was not due to
prosecution file the criminal charge the fault or negligence of the accused, but to
against Mr. R In order to avoid circumstances that could not have been foreseen or
prescription? Explain. controlled. The elements of the accident are as
follows: (1) the accused was at the time performing
A: Robbery is punishable by capital punishment. a lawful act with due care; (2) the resulting injury
Hence, it will prescribe in 20 years from the day of was caused by mere accident; and 3) on the part of
the commission of the crime, if known or if the accused, there was no fault or no intent to cause
unknown, from the discovery. the injury. (Pomoy vs. People, G.R. No. 150647, 29
September 2004)

CRIMINAL LAW
In this case, Dyords, although performing a lawful Everyone else in the school was shocked upon
act, he acted without due care. There is no necessity witnessing what had just transpired, unable to
to employ force upon Michael who was shown to believe that the timid and quiet Alisto, Aliswan's
have been submissive to the orders of the police identical twin brother, had committed rape.
officer. He could have avoided the resulting injury (2017 BAR)
sustained by Michael which caused the latter's
death. (a) A criminal complaint for attempted rape
with homicide was brought against
Q: A person arrested for playing cara y crus was Aliswan in the Prosecutor's Office.
charged with violation of Presidential Decree No. However, after preliminary investigation,
1602 or the Anti-Gambling Law. The lawyer for the Investigating Prosecutor
the accused argues that the case should be recommended the filing of two separate
dismissed based on an exempting circumstance, information--one for attempted rape and
which is that the accused is poor. The lawyer the other for homicide. Do you agree with
argues that unlike those who gamble in big the recommendation? Explain your
casinos with astronomical sums of money, cara answer.
y crus Is the accused's only means of
entertainment. In addition, the lawyer explains A: No, Aliswan must be charged with Attempted
that gamblers from China, where gambling Is Rape with Homicide. The killing of Allesso was
Illegal, are even welcomed in the Philippines. Is committed by Aliswan by reason or on occasion of
the lawyer's argument legally tenable? Explain the attempted rape.
briefly. (2021 BAR)
(b) Before the trial court, Aliswan moved that
A: No, the lawyer's argument is untenable. the cases should be dismissed because he
was entitled to the exempting
First, extreme poverty is not an exempting circumstance of minority. Is his motion
circumstance to exculpate the offender of criminal correct? Explain your answer.
liability. Moreover, violations of P.D. No. 1602 or a
special law is mala prohibitum where intent is
A: Being 16 years old does not make Aliswan
immaterial and neither modifying circumstances
immediately exempted from criminal liability.
are appreciated.
Aliswan may be exempted from criminal liability
based on minority if he acted without discernment
Q: Sixteen-year-old Aliswan prodded Amethyst, which must be determined by prior assessment of
his girlfriend, to remove her clothing while they the DSWD. If it can be shown that he acted without
were secretly together in her bedroom late one discernment, he shall be exempted from criminal
evening. Failing to get a positive response from liability but not for his civil liability. (Art. 12 of the
her, he forcibly undressed her. Apprehensive RPC) If the crime was committed however was with
about rousing the attention of the household discernment, he is not exempted from criminal
who did not know of his presence inside her liability, but he will be subjected to an intervention
room, she resisted him with minimal strength, program in accordance with R.A. No. 9344.
but she was really sobbing in a muffled manner.
He then undressed himself while blocking the (c) After receiving medical attendance for 10
door. Yet, the image of a hapless and sobbing days, Alisto consulted you about filing the
Amethyst soon brought him to his senses and proper criminal complaint against
impelled him to leave her room naked. He did Amante. What crimes, if any, will you
not notice in his hurry that Amante, the father charge Amante with? Explain your
of Amethyst, who was then sitting alone on a answer.
sofa in the sale, saw him leave his daughter's
room naked. A: Amante may be charged for violation of R.A. No.
7610. Being sixteen (16) years old and a minor, the
Outside the house, the now-clothed Aliswan act of Amante constitutes child abuse as he
spotted Allesso, Amethyst's former suitor. maltreated Alisto when he inflicted on him
Knowing how Allesso had aggressively pursued physically with cruelty. Further, by rapping the
Amethyst, Aliswan fatally stabbed Allesso. body with a statement "Rapist ako wag tularan, it
Aliswan immediately went into hiding debases, degrades or demeans the intrinsic worth
afterwards. and dignity of Alisto. (Bar Q & A in Criminal Law by
Alejandria, 2023)
Upon learning from Amethyst about what (d) Answering the criminal complaint filed by
Aliswan had done to her, an enraged Amante Alisto, Amante contended that he had
wanted to teach Aliswan a lesson he would never incurred no criminal liability for lack of
forget. Amante set out the next day to look for criminal intent on his part, his intended
Aliswan in his school. There, Amante found a victim being Aliswan, not Alisto. What is
young man who looked very much like Aliswan. this defense of Amante, and explain if the
Amante immediately rushed and knocked the same will prosper?
young man unconscious on the pavement, and
A: The act of Amante is called error in personae or
then draped his body with a prepared tarpaulin
mistake in the identity of the victim. Since he is still
reading RAPIST AKO HUWAG TULARAN.

CRIMINAL LAW
criminally liable for violation of R.A. No. 7610, a Under the Revised Penal Code, Homicide is
special law, the act alone, irrespective of its motives punished with the penalty of reclusion temporal.
and in the absence of criminal intent constitute the Without applying the Indeterminate Sentence
offense, being a malum prohibitum. Error in Law, what penalty should be imposed against Mr.
personae does not apply to special laws. (Bar Q & A X assuming that he is found guilty of the charge
in Criminal Law by Alejandria, 2023) of Frustrated Homicide, and that the presence of
two (2) ordinary mitigating circumstances have
Q: While his wife was on a 2-year scholarship been duly alleged and proven? Explain.
abroad, Romeo was having an affair with his
maid Dulcinea. Realizing that the affair was A: Considering the penalty for Frustrated Homicide
going nowhere, Dulcinea told Romeo that she is one degree lower from reclusion temporal, the
was going back to the province to many her penalty of Prision mayor which must be lowered
childhood sweetheart. Clouded by anger and again by one degree in the presence of 2 mitigating
jealousy, Romeo strangled Dulcinea to death circumstances, the penalty imposed should now be
while she was sleeping in the maid's quarters. Prision Correccional.
The following day, Romeo was found catatonic Q: Robbie and Ronnie are both inmates of the
inside the maid's quarters. He was brought to the National Penitentiary, serving the maximum
National Center for Mental Health (NCMH) where penalty for robbery which they committed some
he was diagnosed to be mentally unstable. years before and for which they have been
sentenced by final judgment. One day, Robbie
Charged with murder, Romeo pleaded insanity as tried to collect money owed by Ronnie. Ronnie
a defense. (2010 BAR) insisted that he did not owe Robbie anything,
and after a shouting episode, Ronnie kicked
(a) Will Romeo's defense prosper? Explain. Robbie in the stomach. Robbie fell to the ground
in pain, and Rennie left him to go to the toilet
A: No, Romeo's defense of insanity will not prosper to relieve himself. As Ronnie was opening the
because insanity as a defense must have existed door to the toilet and with his back turned
and proven to be existing at the time that the crime against Robbie, Robbie stabbed him in the back
was being committed. The facts of the case indicate with a bladed weapon that he had concealed in
that Romeo committed the crime with discernment. his waist. Hurt, Ronnie ran to the nearest "kubol"
(Bar Q & A in Criminal Law by Alejandria, 2023) where he fell. Robbie ran after him ·and, while
Ronnie was lying on the ground, Robbie
(b) What is the effect of the diagnosis of the continued to stab him, inflicting a total of 15
NCMH on the case? stab wounds. He died on the spot. Robbie
immediately surrendered to the Chief Warden.
A: The effect of the diagnosis made by NCMH is for
When prosecuted for the murder of Rennie,
the suspension of the proceedings against Romeo
Robbie raised provocation and voluntary
and his commitment to the NCMH until such time
surrender as mitigating circumstances. The
that he can stand the rigors of trial. (Bar Q & A in
prosecution, on the other hand, claimed that
there was treachery in the commission of the
crime. (2018 BAR)
C) MITIGATING CIRCUMSTANCES
(a) Is Robbie a recidivist, or a quasi-
Q: Mr. X and Mr. Y engaged in a violent fistfight recidivist?
which Mr. X Instigated. This culminated in Mr.
X repeatedly smashing Mr. Y's head on the A: Robbie is considered a quasi-recidivist pursuant
concrete pavement. Thereafter, Mr. X left Mr. Y to Article 160 of the RPC. There is quasi-recidivism
barely breathing and almost dead. A few minutes when a person who shall commit a felony after
after the incident, Mr. X immediately went to having been convicted by final judgment, before
the police station to confess what he did and told beginning to serve such sentence, or while serving
the police where he left Mr. Y. Fortunately, the the same, shall be punished by the maximum period
police rescued Mr. Y and he survived with the of the penalty prescribed by law for the new felony.
help of timely medical Intervention. Mr. X was At the time he stabbed Ronnie which resulted in the
then charged in court with Frustrated Homicide, latter's death, he had been convicted by final
to which he openly confessed his guilt upon judgment and had been serving sentence at the
arraignment. (2019 BAR) National Penitentiary.
Robbie cannot be considered a recidivist. A

Based on the above-stated facts, what is/are the
recidivist requires that the crimes committed must
mitigating clrcumstance/s that may be
be embraced in the same title of the RPC. Robbery
appreciated in favor of Mr. X. Explain.
and Murder committed by Robbie are not embraced
under the same title of the code. (Bar Q & A in
A: Voluntary surrender and plea of guilt may be
appreciated in favor of Mr. X.

CRIMINAL LAW
(b) Can the mitigating circumstances raised Bernardo stabbed the judge at least 20 times.
by Robbie, if proven, lower the penalty for The judge instantly died.
the crime committed?
Prosecuted and tried, Bernardo was convicted of
A: Being a quasi-recidivist which is a special direct assault with murder. Rule with reasons
aggravating circumstance, Robbie's shall be given a whether or not the conviction for direct assault
penalty in its maximum period. (Art. 160 of the RPC). with murder was justified, and whether or not
Hence, the presence of the mitigating circumstances the trial court should appreciate the following
of lack of sufficient provocation and voluntary aggravating circumstances against Bernardo, to
surrender would be immaterial as quasi-recidivism wit: (1) disregard of rank and age of the victim,
cannot be offset to any ordinary mitigating who was 68 years old; (2) dwelling; (3) nighttime;
circumstance. (4) cruelty; and (5) quasi-recidivism. (2017 BAR)
Q: Which of the following is not a privilege A: The crime committed by Bernardo is Murder
mitigating circumstance? (2014 BAR) qualified by evident premeditation. It can be shown
from the facts that Bernardo intended to retaliate
A: because of his conviction. Direct Assault is not the
(A) 17-year-old offender proper crime committed because there is no
(B) 14-year-old offender showing that Bernardo's intention is only to attack
(C) incomplete self-defense the judge by reason of his position. There is personal
(D) incomplete defense of a relative vendetta in the instant case.
Q: What is a privileged mitigating circumstance? Aggravating circumstances of age, dwelling and

(2012 BAR) nighttime must not be appreciated because there is
no showing that age was material, that the crime
A: A privileged mitigating circumstance affects the was committed in the dwelling of the judge and
imposition of the penalty as to degree. Examples of nighttime facilitated the commission of the crime.
PMC are incomplete self-defense, minority. Also,
when the crime committed is attended by 2 or more There is however quasi-recidivism because the
OMC and there are no aggravating circumstances, crime was committed while Bernardo is serving
and when the penalty provided by law is a divisible sentence for another crime. Quasi-recidivism
penalty, the attendant OMC will also be considered however is a special aggravating circumstance
PMC. which has the effect of making the penalty in its
maximum period. (Bar Q & A in Criminal Law by
Q: Distinguish a privileged mitigating Alejandria, 2023)
circumstance from an ordinary mitigating
circumstance as to reduction of penalty and Q: Porthos made a sudden turn on a dark street,
offsetting against aggravating circumstance/s. and his Rolls-Royce SUV bumped the rear of a
(2012 BAR) parked Cadillac Sedan inside which Aramis was
then taking a nap. Angered by the violent
A: Under Art. 64 of the RPC, the presence of Impact, Aramis alighted and confronted Porthos
mitigating circumstances, if not offset by who had also alighted. Aramis angrily and
aggravating circumstance, has the effect of applying repeatedly shouted at Porthos: Putang Ina mo!
the divisible penalty in the minimum. Under Aris. Porthos, displaying fearlessness, aggressively
68 and 69, the presence of a privilege mitigating has shouted back at Aramis: Wag kang magtapang-
the effect of reducing the penalty by 1 or 2 degrees tapangan dyan, papatayin kita! Without saying
lower. Another notable distinction is that ordinary anything more, Aramis drew his gun from his
mitigating circumstance can be offset by waist and shot Porthos in the leg. Porthos'
aggravating circumstances. Such is not the case in wound was not life threatening. (2017 BAR)
a privileged mitigating circumstance.
(a) What are the kinds of unlawful
aggression, and which kind was displayed
D) AGGRAVATING CIRCUMSTANCES
in this case? Explain your answer.
Q: Bernardo was enraged by his conviction for
A: Unlawful aggression is of two kinds:
robbery by Judge Samsonite despite insufficient
(a) actual or material unlawful aggression'
evidence. Pending his appeal, Bernardo escaped (b) imminent unlawful aggression (People vs.
in order to get even with Judge Samsonite. Dulin, 760 SCRA 413, 29 June 2015)
Bernardo learned that the judge regularly slept
in his mistress' house every weekend. Thus, he There was neither material nor imminent unlawful
waited for the judge to arrive on Saturday aggression here. On the part of Porthos, while
evening at the house of his mistress. It was about Aramis displayed fearlessness and aggressively
8:00 p.m. when Bernardo entered the house of shouted back at him, there was no physical force or
the mistress. He found the judge and his weapon that might endanger his life. In other words,
mistress having coffee in the kitchen and it was not life threatening. It was Aramis who was
engaging in small talk. Without warning, the aggressor here in view of his act in shooting
Phortos, although on his leg only.

CRIMINAL LAW
(b) Standing trial for frustrated murder, mitigating and aggravating circumstances will
Aramis pleaded self-defense. The be applied in imposing the penalty. Explain.
Prosecution's contention was that the (2016 BAR)
plea of self-defense applied only to
consummated killings. Rule, with A: A, X, Y and Z committed the crime of Kidnapping
explanations, on the tenability of Aramis' with Murder by means of fire, since C and D were
claim of self-defense, and on the killed in the course of the detention. The mitigating
Prosecution's contention. circumstances of passion and obfuscation,
voluntary surrender can be appreciated in favor of
A: The requisites of Self-Defense is wanting. Aramis A. The aggravating circumstances of unlawful entry,
cannot plead that his act in shooting Porthos was by means of fire, and treachery can be appreciated
self-defense. There was no element of unlawful against A, X, Y and Z. (Bar Q & A in Criminal Law by
aggression as a condition sine qua non on the part Alejandria, 2023)
of Porthos. The accidental bumping of his car by
Porthos cannot be considered as enough Q: A, B, and C agreed to rob the house of Mr. Dat
provocation, nor was the verbal tussle between 10 o'clock in the evening, with Cas the driver of
them. (Bar Q & A in Criminal Law by Alejandria, the tricycle which they would use in going to and
2023) leaving the house of Mr. D, and A and B as the
ones who would enter the house to get the
(c) Porthos insisted that the element of valuables of Mr. D. As planned, C parked the
treachery was present. To rule out tricycle in a dark place, while A and B entered
treachery, Aramis asserted that both he the house thru an open door. Once inside, A
and Porthos were then facing and entered the master's bedroom and started
confronting each other when he fired the getting all the valuables he could see, while B
shot. Rule, with reasons, on the entered another room. While inside the room, B
respective contentions. saw a male person and immediately B brought
out his gun but he accidentally pulled its trigger.
A: There is treachery here because of the element of The bullet went through the window, hitting a
surprise. Porthos was not afforded the opportunity neighbor that killed him. Neighbors were then
to defend himself when Aramis suddenly drew his awakened by the gunfire and policemen were
gun and shot Porthos. Facing each other is of no alerted. Not long after, policemen arrived. A and
moment and thus would not negate the presence of B panicked and got hold of a young boy and
Treachery in the commission of the crime. (Bar Q & shouted to the policemen who were already
A in Criminal Law by Alejandria, 2023)
outside of the house that they would harm the
boy if the policemen did not disperse. A and B
Q: A, an OFW, worked in Kuwait for several years
demanded that they should be allowed to use a
as a chief accountant, religiously sending to his
vehicle to bring them to a certain place and that
wife, B, 80% of all his earnings. After his stint
would be the time that they would release the
abroad, he was shocked to know that B became
young boy. The policemen acceded. In the
the paramour of a married man, C, and that all
meantime, C was arrested by the policemen
the monies he sent to B were given by her to C.
while he was about to flee, while A and B, after
To avenge his honor, A hired X, Y and Z and told
releasing the young boy, were arrested.
them to kidnap C and his wife, D, so that he can
inflict injuries on C to make him suffer, and
What crime/s did A, B, and C commit, and what
humiliate him in front of his wife. X, Y and z
modifying circumstances attended the
were paid tD20,000.00 each and were promised
commission of the crime/s? (2014 BAR)
a reward of PS0,000.00 each once the job is
done. A: The crime committed by A, B and C is Robbery
with Homicide. Regardless of the number of persons
At midnight, A, with the fully armed X, Y and Z, killed on occasion of Robbery, the crime committed
forcibly opened the door and gained entrance to is Robbery with Homicide.
the house of C and D. C put up a struggle before
he was subdued by A's group. They boarded C and The aggravating circumstance of Dwelling is not to
D in a van and brought the two to a small hut in be appreciated when the same is inherent in the
a farm outside Metro Manila. Both hands of C commission of the crime. The use of a motor vehicle
and D were tied. With the help of X, Y and Z, A to get away is however aggravating. (Bar Q & A in
raped D in front of C. X, Y and z then took turns Criminal Law by Alejandria, 2023)
in raping D, and subjected C to torture until he
was black and blue and bleeding profusely from Q: Which of the following is not a qualifying
several stab wounds. A and his group set the hut aggravating circumstance? (2014 BAR)
on fire before leaving, killing both C and D. X, Y
and z were paid their reward. Bothered by his A:
conscience, A surrendered the next day to the (A) treachery
police, admitting the crimes he committed. (B) evident premeditation
(C) dwelling
As the RTC judge, decide what crime or crimes (D) cruelty
were committed by A, X, Y and Z, and what

CRIMINAL LAW
Q: During trial for theft in 2014, the prosecution
managed to show that accused AA has also been E) ALTERNATIVE CIRCUMSTANCES
convicted by final judgment for robbery in 2003,
Q: Dennis leased his apartment to Myla for
but she eluded capture. A subsequent
P10,000 a month. Myla failed to pay the rent for
verification showed that AA had several
3 months. Gabriel, the son of Dennis, prepared a
convictions, to wit:
demand letter falsely alleging that his father had
1. In 1998, she was convicted of estafa;
authorized him to collect the unpaid rentals.
2. In 2002, she was convicted of theft;
Myla paid the unpaid rentals to Gabriel who kept
3. In 2004, she was convicted of frustrated
the payment. (2008 BAR)
homicide;
(a) Did Gabriel commit a crime? Explain.

The judge trying the theft case in 2014 is about
to convict AA. What circumstances affecting the
A: Yes, Gabriel committed the crime of Estafa under
liability or penalty may the judge appreciate
Art. 315, Par. 2(a), RPC by fraudulent acts executed
against AA? (2014 BAR)
prior to or simultaneous with the fraud or falsely
pretending to possess agency. Myla paid the money
A: The judge may appreciate the aggravating
because she relied upon the demand letter prepared
circumstance of recidivism. A recidivist is one who,
by Gabriel with the false allegation that he was
at the time of his trial for one crime, shall have been
authorized to collect rentals. (eCodal Criminal Law
previously convicted by final judgment of another
Past Bar Q and A’s 2005 - 2022)
crime embraced in the same title of the RPC.
Robbery, theft, and estafa are crimes against
(b) Can Gabriel invoke his relationship with
property embraced in Title Ten of the RPC. The
Dennis to avoid criminal liability?
judge may also appreciate the aggravating
Explain.
circumstance of habituality or reiteracion, because
there have been two or more crimes committed for
A: No. Gabriel cannot invoke Art. 332, RPC (Persons
which she has been published, regardless of the
exempt from criminal liability). It is Myla, not the
degree of penalty. (Bar Q & A in Criminal Law by
father Dennis, who is the offended party under Art.
Alejandria, 2023)
315 (2)(a) (Luis B. Reyes, The Revised Penal Code,
Volume II, page 853,16th Edition [2006]).
Q: Because of the barbarity and hideousness of
the acts committed by the
suspects/respondents in cutting off their F) ABSOLUTORY CAUSES
victims' appendages, stuffing their torsos, legs,
body parts into oil drums and bullet-riddled Q: Ms. E was charged with the complex crime of
vehicles and later on burying these oil drums, Estafa through Falsification of Public
vehicles with the use of backhoes and other Documents before the trial court. Prior to her
earth-moving machinery, the Commission on arraignment, Ms. E moved for the dismissal of
Human Rights (CHR) investigating team the criminal case against her, pointing out that
recommended to the panel of public prosecutors the private offended party is her biological
that all respondents be charged with violation ·of father, and that such relationship is an
the "Heinous Crimes Law." The prosecution absolutory cause under Article 332 of the
panel agreed with the CHR. As the Chief Revised Penal Code (RPC). (2019 BAR)
Prosecutor tasked with approving the filing of
the Information, how will you pass upon the (a) Explain the concept of complex crimes
recommendation? Explain. (2010 BAR) under the RPC.
A: The CHR is correct in describing the crimes A: Although there actually are two or more crimes,
committed as "heinous crimes", as defined in the the law treats them as constituting only one-as
"Heinous Crimes Law" (R.A. No. 7659), despite the there is only one criminal intent. Only one
passage of R.A. No. 9346 prohibiting the imposition information needs to be filed.
of the death penalty. The heinous crimes committed
shall be prosecuted under the Revised Penal Code There are 2 Kinds of Complex Crimes: 1. Compound
as they are respectively defined and penalized as an crime-a single act constitutes 2 or more grave or less
aggravating circumstance. The crime shall be grave felonies. 2. Complex crime proper-when an
penalized by reclusion perpetua. offense is a necessary means for committing
another.
Although the said law did not define what are
heinous crimes, the act committed by the offender (b) Is Ms. E's contention correct? Explain
is considered as heinous for being grievous, odious
and hateful offenses and for which reason, inherent A: Mr. E is not correct. While Article 332 of the RPC
or manifest wickedness, viciousness, atrocity is exempts 1. Spouses, ascendants and descendants,
repugnant and outrageous to the common or relatives by affinity in the same line. 2. The
standards and norms of decency and morality in a widowed spouse with respect to the property which
just, civilized and ordered society. (Bar Q & A in belonged to the deceased spouse before the same
Criminal Law by Alejandria, 2023) shall have passed into the possession of another;
and 3. Brothers and sisters and brothers-in-law and

CRIMINAL LAW
sister in-law, if living together, in the crime of theft, (a) What defense, if any, may Ernllo invoke
swindling or malicious mischief, when these crimes to free himself from criminal liability?
shall be complexed to other crimes such as Estafa Explain.
thru falsification, the exemption does not apply.
(Bar Q & A in Criminal Law by Alejandria, 2023) A: Ernilo is absolved from criminal liability because
of his role as the poseur-buyer in the entrapment
Q: Orphaned when still an infant, Rocky lived operation. Instigation is among the absolutory cases
under the care of his grandmother Rosario. Now which would exonerate Ernilo from incurring
18, Rocky entered Rosario's bedroom who was criminal liability for violation of R.A. No. 9165.
then outside doing her daily marketing. He
ransacked the bedroom and took Rosario's (b) May Rado adopt as his own Ernilo's
money and valuables amounting to Pl00,000. defense? Explain.
When Rosario came home, she found her room A: No, Rado is criminally liable because there was a
In disarray, and her money and valuables gone. valid entrapment occurred in his situation. In
She confronted Rocky, who confessed to taking Entrapment, the criminal intent emanates from the
the money and valuables In order to pay his offender to commit the crime unlike in Instigation
debts. (2018 BAR) wherein the offender was only induced by other
persons, in this case the PDEA who requested Ernilo
(a) What crime, if any, did Rocky commit? to act as a poseur-buyer to help them capture the
violator of the law.
A: The crime committed is Qualified Theft since the
taking was done with abuse of confidence as Rocky
3. PERSONS LIABLE AND DEGREE OF
is living with his grandmother. PARTICIPATION
(b) Does he incur criminal and/or civil A) PRINCIPALS, ACCOMPLICES, AND

liability? ACCESSORIES
A: Rocky is not criminally liable, being an ascendant Q: Bernardo, a mayoralty candidate of Osram
of Rosario as Art. 332 (RPC) provides no criminal City, wanted to eliminate Yori, his political
liability but only civil from the commission of the opponent. Yori announced his intention to run
crime of theft, swindling or malicious mischief for mayor of the same city. A month before the
committed caused mutually by the following filing of candidacy, Bernardo and Benjamin met
persons: at a hotel and discussed their plan to kill Yori on
the day when he would file his certificate of
1. Ascendants and descendants. candidacy. Based on their agreement, Bernardo
2. The widowed spouse with respect to the would provide the guns and the money, while
property which belonged to the deceased Benjamin would provide the personnel to cordon
spouse before the same shall have passed off all roads leading to the COMELEC's local
into the possession of another; and office.
3. Brothers and sisters and brothers-in-law
and sisters-in-law, if living together. On the day of the execution of the plan, however,
Benjamin flew to Manila to avoid being involved
Q: The Philippine Drug Enforcement Agency in the planned killing of Yori. Bernardo,
(PDEA) had intelligence reports about the drug determined to kill Yori, convened his own armed
pushing activities of Rado but could not arrest group and laid out a new plan to kill Yori, and in
him for lack of concrete evidence. SP03 Relio, a accordance with it, his armed group patrolled all
PDEA team leader, approached Emilo and the roads leading to the COMELEC's local office.
requested him to act as poseur-buyer of shabu Bernardo remained in his house and monitored
and transact with Rado. Emilo refused, saying the execution of the plan from there. As soon as
that he had completely been rehabilitated and Yori and his supporters passed by the main road
did not want to have anything to do with drugs at around 2:00 p.m., Bernardo's armed group
anymore. But he was prevailed upon to help opened fire at them.
when SP03 Rello explained that only he could
help capture Rado because he used to be his Yori was unharmed as he was inside a bullet
customer. SP03 Rello then gave Emilo the proof vehicle, but ten of his supporters were
marked money to be used in buying shabu from killed. Bernardo, the members of his armed
Rado. The operation proceeded. After Emilo group, and Benjamin were later charged with ten
handed the marked money to Rado in exchange counts of Murder for the death of Yori's
for the sachets of shabu weighing 50 grams, and supporters and one count of Attempted Murder
upon receiving the pre-arranged signal from of Yori.
Ernilo, SP03 Relio and his team members barged
in and arrested Rado and Ernilo, who were both Discuss the criminal liability for the crimes
charged with violation of R.A. 9165, otherwise charged against each of the following: (I)
known as the Comprehensive Dangerous Drugs Bernardo, (ii) the members of Bernardo's armed
Act of 2002. (2015 BAR) group, and (iii) Benjamin. Explain briefly. (2022
BAR)

CRIMINAL LAW
Q: Mr. Red was drinking with his buddies, Mr.
A: Bernardo and the members of his armed group White and Mr. Blue when he saw Mr. Green with
are all liable in conspiracy for the death of Yori's his former girlfriend, Ms. Yellow. Already drunk,
supporters and the attempted murder against Yori. Mr. Red declared in a loud voice that if he could
not have Ms. Yellow, no one can. He then
The moment it is established that the malefactors proceeded to the men's room but told Mr. White
conspired and confederated in the commission of and Mr. Blue to take care of Mr. Green. Mr. Blue
the felony proved, collective liability of the accused and Mr. White asked Mr. Red what he meant but
conspirators attaches by reason of the conspiracy, Mr. Red simply said, "You already know what I
and the court shall not speculate nor even
want," and then left. Mr. Blue and Mr. White
investigate as to the actual degree of participation of
proceeded to kill Mr. Green and hurt Ms. Yellow.
each of the perpetrators present at the scene of the
(2014 BAR)
crime.
(a) What, if any, are the respective liabilities

Although Bernardo was remote from the situs of
aggression, it could be drawn within the enveloping of Mr. Red, Mr. White and Mr. Blue for the
ambit of the conspiracy that his moral ascendancy death of Mr. Green?
over the rest of the conspirators, the latter were
moved or impelled to carry out the conspiracy. A: Mr. Blue and Mr. White are liable for the death of
(People vs. Go, G.R. No. 168539, 25 March 2014) Mr. Green as principals by direct participation as
they were the ones who actually executed the crime.
As regards Benjamin, he incurs no criminal liability. Mr. Red cannot be held criminally liable as principal
In conspiracy, as a mode of incurring criminal by inducement because his statement that Mr. Blue
liability, if the offender did not proceed in and Mr. White are to take care of Mr. Green was not
committing the crime, the act of planning the made directly with the intention of procuring the
commission of the crime is not punishable. commission of the crime. There is no showing that
the words uttered by him may be considered as
Q: In an act of rage while playing golf, a high- powerful so as to amount to physical or moral
ranking public official hit a caddy with a golf club coercion. Neither is there evidence to show that Mr.
Red has an ascendancy or influence over Mr. White
at hole number 9 of a golf course. The caddy fell
and Mr. Blue to consider him as a principal by
and died immediately.
inducement. (Bar Q & A in Criminal Law by
Alejandria, 2023)
The public official called a loyal security guard
who did not witness the Incident. The security
(b) What, if any, are the respective liabilities
guard was instructed to put the caddy's lifeless
of Mr. Red, Mr. White and Mr. Blue for the
body in the golf cart and dump it in the nearby
injuries of Ms. Yellow?
lake. The public official wanted to make it
appear that the caddy died of drowning.
A: Mr. Blue and Mr. White are liable as principals
by direct participation for the crime of physical
The corpus delicti of the crime was discovered. injuries for hurting Ms. Yellow to the extent of the
Both the high-ranking public official and the injuries inflicted. Having no participation in the
security guard were charged as co-conspirators attack upon Ms. Yellow, Mr. Red would incur no
for the crime of Homicide. criminal liability. (Bar Q & A in Criminal Law by
Alejandria, 2023)
Can the security guard be convicted as a
principal to the crime of Homicide? Explain Q: A was bitten by a dog owned by a neighbor.
briefly. (2021 BAR) The following day, angered by the Incident, A
took the dog without the knowledge of the
A: No, the security guard cannot be considered as a owner, had it butchered and cooked the meat.
principal of the crime of Homicide. The security He then Invited his friends to partake of the dish
guard did not conspire with the high ranking public with his friends who knew fully well that the dog
official in killing the victim as his participation is was taken without the knowledge of the owner.
merely an accessory of the crime committed shown What are the friends of A liable for? (2014 BAR)
by his act of putting the caddy's lifeless body in the
golf cart and dump it in the nearby lake, which act
A:
was made subsequently to the commission of the (A) Theft
crime of Homicide. (B) Malicious mischief
(C) Accessories
Accessories are those who, having knowledge of the
(D) Obstruction of Justice
commission of the crime, and without having
participated therein, either as principals or
Q: Modesto and Abelardo are brothers. Sometime
accomplices, take part subsequent to its
in August, 1998 while Abelardo was in his office,
commission such as when he conceals or destroyed
Modesto, together with two other men in police
the corpus delicti or the body of the crime or the
uniform, came with two heavy bags. Modesto
effects or instruments thereof, in order to prevent its
discovery. (Art. 19 of the RPC) asked Abelardo to keep the two bags in his vault
until he comes back to get them. When Abelardo
later examined the two bags, he saw bundles of

CRIMINAL LAW
money that, in his rough count, could not be less Q: Mr. X has always been infatuated with Ms. Y.
than P5 Million. He kept the money inside the Scorned by Mr. Y's disregard for his feelings
vault and soon he heard the news that a gang towards her, Mr. X came up with a plan to abduct
that included Modesto had been engaged in bank Ms. Y in order to have carnal knowledge of her
robberies. Abelardo, unsure of what to do under with the help of his buddies, A, B, and C.
the circumstances, kept quiet about the two
bags in his vault. Soon after, the police captured, On the day they decided to carry out the plan,
and secured a confession from, Modesto who and while surreptitiously waiting for Ms. Y, C had
admitted that their loot had been deposited with a change of heart and left. This notwithstanding,
Abelardo. What is Abelardo's liability? (2013 Mr. X, A, and B continued with the plan and
BAR) abducted Ms. Y by forcefully taking her to a
deserted house away from the city. There, Mr. X
A: Abelardo is not criminally liable as he was not restrained Ms. Y's arms, while A held her legs
aware that Modesto committed a crime when he was apart. B stood as a lookout. Mr. X was then able
asked by Modesto to keep the bags. Even if he can to have carnal knowledge of Ms. Y, who was
be considered as an accessory under Art. 19(2) of resisting throughout the entire ordeal.
RPC, Abelardo is not liable, being the brother of
Modesto as he is exempted under Art. 20, RPC, Consequently, Mr. X was charged with the crime
being Modesto. (Bar Q & A in Criminal Law by of Forcible Abduction under the Revised Penal
Alejandria, 2023) Code. (2019 BAR)
Q: Immediately after murdering Bob, Jake went

(a) Is the charge against Mr. X proper?
to his mother to seek refuge. His mother told
Explain.
him to hide in the maid's quarters until she finds
a better place for him to hide. After two days, A: The crime committed by Mr. X is Rape. The
Jake transferred to his aunt's house. A week primordial intent of X is to have sexual intercourse
later, Jake was apprehended by the police. Can with Ms. Y. The taking of Ms. Y was only a necessary
Jake's mother and aunt be made criminally liable mean to commit the crime of Rape. (Bar Q & A in
as accessories to the crime of murder? Explain. Criminal Law by Alejandria, 2023)
(2010 BAR)
(b) Assuming that A, B, and C are also
A: The mother is among the relatives exempted from charged, may they be held criminally
criminal liability under Art. 20 of the RPC. The aunt liable together with Mr. X? Explain.
however is not exempted, hence liable as an
accessory for aiding or assisting Jake to escape or A: A and B are liable for the crime of Rape as they
evade criminal liability. (Bar Q & A in Criminal Law acted in conspiracy with Mr. X. Since C desisted to
by Alejandria, 2023) participate in the commission of the crime, he is not
liable even if he took part in the planning of the
commission of the crime as he decided not to
B) CONSPIRACY AND PROPOSAL commit it. (Bar Q & A in Criminal Law by Alejandria,
2023)
Q: During one of their intense operational
meetings, the campaign manager of a
Q: Overjoyed by the award to his firm of a multi-
presidential candidate openly suggested, “Dapat
billion government contract for the development
ipapatay na lang natin ang mga bumabatikos sa
of an economic and tourism hub in the Province
kandidato natin.”
of Blank, Mr. Gangnam allotted the amount of
P100 Million to serve as gifts for certain persons
Later, the campaign manager was charged with
instrumental in his firm's winning the award. He
the crime of Proposal to Commit Murder.
gave 50% of that amount to Governor Datu, the
official who had signed the contract with the
Can the campaign manager be convicted of the
proper authorization from the Sangguniang
offense charged? Explain briefly. (2021 BAR)
Panlalawigan; 25% to Bokal Diva, the
Sangguniang Panlalawigan member who had
A: No, the campaign manager is not liable for the
lobbied for the award of the project in the
offense charged.
Sangguniang Panlalawigan; and 25% to Mayor
Dolor of the Municipality where the project
Conspiracy and proposal to commit felony are
punishable only in the cases in which the law would be Implemented. Governor Datu received
specially provides a penalty therefor. There is a his share through his wife, Provincial First Lady
proposal when the person who has decided to Dee, who then deposited the amount in her
commit a felony proposes its execution to some personal bank account.
other person or persons. (Art. 8 of the RPC)
Previously, upon facilitation by Bokal Diva, Mr.
When the campaign manager proposed to commit Gangnam concluded an agreement with Mayor
murder, he is not yet criminally liable unless they Dolor for the construction of the Blank Sports
proceeded in the execution of the crime. Proposal to Arena worth P800 Million. The project was
commit murder is not a crime itself under the RPC. highly overpriced because it could be
undertaken and completed for not more than

CRIMINAL LAW
P400 Million. For this project, Mayor Dolor benefit, for himself for any other person, in
received from Mr. Gangnam a gift of P10 Million, connection with any contract or transaction
while Bokal Diva got P25 Million. between the Government and any other party,
wherein the public officer in his official capacity has
In both Instances, Bokal Diva had her monetary to intervene under the law. (Bar Q & A in Criminal
gifts deposited in the name of her secretary, Law by Alejandria, 2023)
Terry, who personally maintained a bank
account for Bokal Diva's share in government (d) What crimes under the Revised Penal
projects. (2017 BAR) Code, if any, were committed, specifying
the persons liable therefor? Explain your
(a) May each of the above-named individuals answer.
be held liable for plunder? Explain your
answer. A: Mr. Gangnam is liable for corruption of public
officials under Art. 212 of the Revised Penal Code.
A: Governor Datu who received the amount of The elements of corruption of public officials under
Art. 212 of the Revised Penal Code, that are present
P50,000,000.00 after he signed the contract in favor
of the firm of Mr. Gangnam is liable for Plunder. His in this case are: 1. That the offender makes offers or
wife Provincial First Lady Dee, as a co-conspirator promises, or give gifts or presents to a public officer;
is also liable as the amount given to Governor Datu and 2. That the offers or promises are made or the
gifts or presents are given to a public officer under
was deposited in her account.
circumstances that will make the public officer
Bokal Diva is also liable for plunder when he lobbied liable for direct bribery or indirect bribery. (Disini vs.
Sandiganbayan, 705 SCRA 459, 11 September 2013)
for the award of the Project to the firm of Mr.
Gangnam in the Sanguniang Panlalawigan. He
received 25% of or P25,000,000.00 and another Q: Differentiate wheel conspiracy and chain
P25,000,000.00 in another project of Mr. Gangnam conspiracy. (2016 BAR)
in the construction of an overpriced Blank Sports
Arena in the Municipality to which Dolor is the A: A wheel or circle conspiracy occurs when a single
Mayor. The aggregate amount has a total of person or group (the hub) dealing individually with
P50,000,000.00. Terry, the Secretary of Bokal Diva two or more other persons or groups. (the spokes).
is also liable as co-conspirator. The amount was The spoke is dealing with the hub rather than with
deposited in her bank account. (Bar Q & A in the other spoke, in the event that the spoke shares
Criminal Law by Alejandria, 2023) a common purpose to succeed, there is a single
conspiracy. However, in the instances when each
(b) Define wheel conspiracy and chain spoke is unconcerned with the success of the other
conspiracy. Is either or both kinds spokes, there are multiple conspiracies. A "chain
existent herein? Explain your answer. conspiracy", on the other hand, exists when there is
successive communication and cooperation in
A: Wheel conspiracy occurs when there is a single much the same way as with legitimate business
person or group (the hub) dealing individually with operations between manufacturer and wholesalers
two or more other persons or groups (the spokes). then wholesaler and retailer, and then retailer and
The spoke typically interacts with the hub rather consumer. (Estrada V. Sandiganbayan, G.R. No.
148965, 26 February 2002)
than with another spoke. In the event that the spoke
shares a common purpose to succeed, there is a
single conspiracy. However, in the instances when Q: While walking alone on her way home from a
each spoke is unconcerned with the success of the party, Mildred was seized at gun point by Felipe
other spokes, there are multiple conspiracies. and taken on board a tricycle to a house some
distance away. Felipe was with Julio, Roldan,
The chain conspiracy recognized in Estrada v. and Lucio, who drove the tricycle.
Sandiganbayan exists when there is successive
communication and cooperation in much the same At the house, Felipe, Julio, and Roldan
way as with legitimate business operations between succeeded in having sexual intercourse with
manufacturer and wholesaler, then wholesaler and Mildred against her will and under the threat of
retailer, and then retailer and consumer. Felipe's gun. Lucio was not around when the
sexual assaults took place as he left after
(c) What provisions of R.A. No. 3019 (Anti- bringing his colleagues and Mildred to their
Graft & Corrupt Practices Act), if any, destination, but he returned everyday to bring
were violated by any of the above-named food and the news in town about Mildred's
individuals, specifying the persons liable disappearance. For five days, Felipe, Julio and
therefor? Explain your answer. Roldan kept Mildred in the house and took turns
in sexually assaulting her. On the 6th day,
A: Governor Datu, his wife, First Lady Dee, Bokal Mildred managed to escape; she proceeded
Diva, her Secretary Terry and Mayor Dolor are all immediately to the nearest police station and
liable for violation of Section 3(b) of R.A. No. 3019. narrated her ordeal.
Section 3(b) of R.A. No. 3019, punished any public

officer for directly or indirectly requesting or
receiving any gift, present, share, percentage, or

CRIMINAL LAW
What crime/s did Felipe, Julio, Roldan, and A: Reclusion Perpetua has a duration of 20 years and
Lucio commit and what was their degree of 1 day to 40 years. Prision Mayor has a duration of 6
participation? (2013 BAR) years and 1 day to 12 years.
A: Felipe, Julio and Roldan are liable for the crime (b) How long will Mr. N serve all his penalties
of Rape. They all acted in conspiracy in carrying out of imprisonment? Explain.
the crime of rape. The taking of Mildred with the
intention to sexually abuse her is a necessary mean A: Mr. N may serve 3 times the number of the most
to commit the crime of rape. A complex crime of severe penalty imposed upon him in accordance
forcible abduction with rape shall not give rise when with the three-fold rule which must not be more
the primordial intention of the offenders is to have than 40 years.
sexual intercourse with the offended party. With
regard to Lucio, he shall only be liable as an (c) May Mr. N avan of the benefits of the
accomplice as there is no showing that he also had Indeterminate Sentence Law with respect
carnal knowledge with Mildred. (Bar Q & A in to his convictions for Murder and Grave
Criminal Law by Alejandria, 2023) Threats? Explain.
Q: Distinguish by way of illustration conspiracy A: For the Murder charges, he is disqualified to the
as a felony from conspiracy as a manner of application of the Indeterminate Sentence Law since
incurring liability in relation to the crimes of the crime is punishable by Reclusion Perpetua. For
rebellion and murder. (2012 BAR) Grave Threats, Indeterminate Sentence Law shall
apply.
A: There is conspiracy to commit rebellion if X and
Y conspired to overthrow the government because (d) Is Mr. N considered a habitual
conspiracy to commit rebellion is punishable under delinquent? Explain.
the RPC. If X and Y indeed committed rebellion, they
are both liable for rebellion but will not be charged A: A person shall be deemed to be habitual
with conspiracy to commit rebellion since they delinquent if within a period of ten years from the
committed what they conspired, conspiracy in that date of his release or last conviction of the crimes of
case will be considered as a manner of incurring serious or less serious physical injuries, estafa or
liability. falsification, he is found guilty of any of said crimes
a third time or oftener.
If X and Y conspired to kill Z, conspiracy is not
punishable. There is no such crime. If pursuant to Since Murder and Grave Threats are not among the
the conspiracy to commit homicide, X held the crimes mentioned, he is not deemed a habitual
hands of Z and Y stabbed Z, X and Y are liable for delinquent. (Bar Q & A in Criminal Law by
homicide. (Bar Q & A in Criminal Law by Alejandria, Alejandria, 2023)
2023)
Q: Who is a habitual delinquent? (2012 BAR)
Q: Define conspiracy. (2012 BAR)
A: Habitual Delinquent is one who within a period
A: When 2 or more persons come to an agreement of 10 years from his last conviction or release shall
concerning the commission of a felony and decide to have been found guilty of any of these crimes such
commit it. as Serious and Less Serious Physical injuries,
Estafa, Robbery, Theft and falsification for the third
time or ofener. (Bar Q & A in Criminal Law by
C) MULTIPLE OFFENSES (DIFFERENCES, RULES, Alejandria, 2023)
EFFECTS)
(1) RECIDIVISM Q: Distinguish habitual delinquency from

(2) HABITUALITY (REITERACION) recidivism as to the crimes committed, the
(3) QUASI-RECIDIVISM period of time the crimes are committed, the
(4) HABITUAL DELINQUENCY number of crimes committed and their effects in
relation to the penalty to be imposed on a
Q: In November 2018, Mr. N, a notorious convict. (2012 BAR)
criminal, was found guilty of three (3) counts of
Murder and was consequently sentenced with A: As to crimes committed, in recidivism, the crimes
the penalty of reclusion perpetua for each are embraced in the same title of the RPC. In HD,
count. A month after, he was likewise found the crimes are limited to Serious and Less Serious
guilty of five (5) counts of Grave Threats in a Physical injuries, Estafa, Robbery, Theft and
separate criminal proceeding, and hence, meted falsification.
with the penalty of prision mayor for each count.
(2019 BAR) As to the period of time, in recidivism, the accused
was convicted of the 1st crime by final judgment at
(a) What are the respective durations of the the time of the trial of the 2nd crime. In HD, the
penalties of reclusion perpetua and accused was convicted within 10 years after
prision mayor? conviction or release. As to the number of crimes
committed, in recidivism, there must be at least 2

CRIMINAL LAW
crimes committed, in HD, at least 3 crimes are For conjugal weekenders, he plans to rent out
committed. rooms with hotel-like amenities at rates
equivalent to 'those charged by 4-star hotels; for
As to effects in the penalty, recidivism is a generic long-term occupants, he is prepared to offer
aggravating circumstance, the penalty applied to room and board with special meals in air
the 2nd crime committed will be imposed in the conditioned single-occupancy rooms, at rates
maximum unless offset by mitigating equivalent to those charged by 3-star hotels.
circumstances. HD is a special aggravating
circumstance, additional penalty will be imposed, What advice will you give the Senator from the
not subject to the offset rule. (Bar Q & A in Criminal
point of view of criminal law, taking into account
Law by Alejandria, 2023)
the purpose of imprisonment and considerations
of ethics and morality? (2013 BAR)
D) DECREE PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION OF CRIMINAL A: I would advise Senator Salcedo not to file the said
OFFENDERS (PD 1829) bill. First, the bill is unconstitutional as it violates
the equal protection clause of the Constitution. It
Q: Manolo revealed to his friend Domeng his will create economic inequality in our criminal
desire to kill Cece. He likewise confided to justice system. Rich prisoners will enjoy better
Domeng his desire to borrow his revolver. amenities and privileges than those who are poor.
Domeng lent it. Manolo shot Cece in Manila with Second, the bill will defeat the purpose of penalties
Domeng's revolver. As his gun was used in the in criminal law, which is to secure justice,
killing, Domeng asked Mayor Tan to help him retribution, and reformation. (Bar Q & A in Criminal
escape. The mayor gave Domeng P5,000.00 and Law by Alejandria, 2023)
told him to proceed to Mindanao to hide.
Domeng went to Mindanao. The mayor was later
charged as an accessory to Cece's murder. (2008 2. CLASSIFICATION
BAR)
3. DURATION AND EFFECTS
(a) Can he be held liable for the charge? 4. APPLICATION

Explain. A) SUBSIDIARY IMPRISONMENT
A: If Domeng is not the principal to the crime of Q: Mr. Q was found guilty beyond reasonable
murder, the Mayor may not be held liable as doubt of the crime of Serious Physical Injuries,
accessory since he merely assisted in the escape of and accordingly, was sentenced to suffer the
an accomplice. Par. 3 of Art. 19, RPC speaks of penalty of imprisonment for an indeterminate
harboring or assisting in the escape of a principal. period of six (6) months of arresto mayor, as
The mayor, however, can be held liable as principal minimum, to four (4) years, two (2) months, and
in the crime of maliciously refraining from one (1) day of prision correccional, as maximum.
instituting or prosecuting an offender under Art. He was also ordered to pay the victim actual
208 of the RPC. (eCodal Criminal Law Past Bar Q damages in the amount of P50,000.00, with
and A’s 2005 - 2022) subsidiary imprisonment in case of insolvency.
(b) Can he be held liable for any other Was the imposition of subsidiary imprisonment
offense? Explain fully. proper? Explain. (2019 BAR)
A: If Domeng is a principal by indispensable A: No, Subsidiary Penalty is applicable only to fines

cooperation, the mayor can be held liable as an and not to civil damages.
accessory to the murder under Art. 19 (3), RPC.
(eCodal Criminal Law Past Bar Q and A’s 2005 -
2022) B) INDETERMINATE SENTENCE LAW (ACT NO.
4103, AS AMENDED)
C. PENALTIES
Q: A crime defined In the Revised Penal Code is
1. IMPOSABLE PENALTIES [INCLUDE: ACT punishable by arresto menor. Finding the
PROHIBITING THE IMPOSITION OF DEATH
accused guilty beyond reasonable doubt of the
PENALTY IN THE PHILIPPINES (RA 9346)]
crime, should the judge apply the Indeterminate
Q: Assume that you are a member of the legal Sentence Law? Explain briefly. (2021 BAR)
staff of Senator Salcedo who wants to file a bill
about imprisonment at the National Penitentiary A: No, the judge must not apply the Indeterminate
in Muntinlupa. He wants to make the State Sentence Law.
prison a revenue earner for the country through
Indeterminate Sentence Law is applicable only when
a law providing for premium accommodations
the penalty is more than one (1) year. Since, the
for prisoners (other than those under maximum
accused was given a penalty of arresto menor which
security status) whose wives are allowed
has a duration from 1 day to 30 days, the accused
conjugal weekend visits, and for those who want
is among the disqualified offenders in the
long-term premium accommodations.
application of the Indeterminate Sentence Law.

CRIMINAL LAW
Sentence. The penalty of l year is correct provided it
Q: Randy was prosecuted for forcible abduction is not less than what is prescribed by the law and
attended by the aggravating cIrcumstance of not more than what is prescribed by the law. (Bar Q
recidivism. After trial, the court held that the & A in Criminal Law by Alejandria, 2023)
prosecutor was able to prove the charge.
Nonetheless, it was appreciated in favor of Q: Explain the application of the Indeterminate
Randy, on the basis of the defense's evidence, Sentence Law (ISL). (2016 BAR)
the mitigating circumstances of voluntary
surrender, uncontrollable fear, and provocation. A: The court is mandated to apply the indeterminate
Under Art. 342 of the Revised Penal Code (RPC), sentence unless the accused is among those
the penalty for forcible abduction is reclusion disqualified, wherein the minimum of which shall be
within the range of the penalty next lower to that
temporal. Applying the Indeterminate Sentence
prescribed by the Code for the offense in any of
Law, what penalty should be Imposed on Randy?
period within the discretion of the court and the
(2018 BAR)
maximum term of which shall be that which, in view
of the attending circumstances, could be properly
A: With the presence of l aggravating circumstances
imposed under the rules of the Revised Penal Code.
and 3 mitigating circumstances, there would be
offsetting, leaving now with 2 mitigating
The offender who committed an offense punishable
circumstances. The presence of an aggravating
under special laws shall be given a sentence, the
circumstance prohibits to go down degree lower.
maximum term of which shall not exceed the
Hence the penalty to be imposed upon Randy after
maximum fixed by said law and the minimum shall
applying the Indeterminate Sentence law shall be
not be less than the minimum term prescribed by
within the range of prision mayor in any of its period
law. (Bar Q & A in Criminal Law by Alejandria, 2023)
within the discretion of the court up to reclusion
temporal in its minimum period as maximum
penalty. Q: Bruno was charged with homicide for killing
the 75-year old owner of his rooming house. The
*If there is a prohibition to go one degree lower prosecution proved that Bruno stabbed the
because of the presence of an aggravating owner causing his death; and that the killing
circumstance, no matter how many mitigating happened at 10 in the evening in the house
circumstances present, the penalty shall be in its where the victim and Bruno lived. Bruno, on the
minimum period. (Bar Q & A in Criminal Law by other hand, successfully proved that he
Alejandria, 2023) voluntarily surrendered to the authorities; that
he pleaded guilty to the crime charged; that it
Q: Sammy Peke was convicted of a violation of was the victim who first attacked and did so
R.A. No. 123456 for selling fake books. The law without any provocation on his (Bruno's) part,
prescribes the penalty of prision correccional, a but he prevailed because he managed to draw his
divisible penalty whose minimum period is six knife with which he stabbed the victim. The
months and one day to two years and four penalty for homicide is reclusion temporal.
months; medium period is two years, four Assuming a judgment of conviction and after
months and one day to four years and two considering the attendant circumstances, what
months; and maximum period is four years, two penalty should the judge impose? (2013 BAR)
months and one day to six years. At
arraignment, Sammy Peke pleads guilty to the A: Bruno should be sentenced to an indeterminate
crime charged. (2017 BAR) sentence penalty of arresto mayor in any of its
period to prision correccional in its medium period
(a) Explain how the Indeterminate Sentence as maximum. Bruno was entitled to two privileged
Law is applied in crimes punished by mitigating circumstances of incomplete self-defense
special laws. and the presence of at least two ordinary mitigating
circumstances (voluntary surrender and plea of
A: Indeterminate sentence law is applicable in guilt) without any aggravating circumstance under
Special Laws by imposing upon the offender. The Art. 69 and 64(5) of the RPC respectively, which
sentence which must not be less than what is lowers the prescribed penalty for homicide which is
provided by law as minimum penalty and must not reclusion temporal to prision correccional.
be more than what is prescribed by law as
maximum penalty. (Bar Q & A in Criminal Law by Q: What is the fundamental principle In applying
Alejandria, 2023) and interpreting criminal laws, including the
Indeterminate Sentence Law? (2012 BAR)
(b) Supposing the trial judge imposes a
straight penalty of imprisonment for one A: When in doubt rule for the accused. This is in line
year, is the penalty correct in the context with the constitutional guarantee that the accused
of the Indeterminate Sentence Law? is to be presumed innocent unless his guilt is
Explain your answer. established. (Bar Q & A in Criminal Law by
Alejandria, 2023)
A: Yes, a straight penalty of one year is a valid
sentence since it is not more than one year which Q: How is the Indeterminate Sentence Law
would require the application of Indeterminate applied In imposing a sentence? (2012 BAR)

CRIMINAL LAW
A: The court shall sentence the accused, the knife in hand, forced her to undress. Wendy had
maximum term of which shall be that which, in view no choice but to comply. Roman then tied
of the attending circumstances could be properly Wendy's hands to her bed and sexually assaulted
imposed under the rules, and the minimum which her five (5) times that night. Roman was charged
shall be within the range of penalty next lower than with, and was convicted of, five (5) counts of
that prescribed by the RPC for the offense. As for rape, but the judge did not impose the penalty of
crimes under the SPL, the maximum and minimum reclusion perpetua for each count. Instead, the
terms shall not exceed that which is fixed by law. judge sentenced Roman to 40 years of
(Bar Q & A in Criminal Law by Alejandria, 2023)
imprisonment on the basis of the three-fold rule.
Was the judge correct? (2013 BAR)
Q: An agonizing and protracted trial having
come to a close, the judge found A guilty beyond A: No, the three-fold rule is applicable only in
reasonable doubt of homicide and imposed on connection with the service of the sentence, not in
him a straight penalty of SIX (6) YEARS and ONE the imposition of the proper penalties. The court
(1) DAY of prision mayor. The public prosecutor must impose all penalties for all the crimes for
objected to the sentence on the ground that the which the accused have been found guilty.
proper penalty should have been TWELVE (12)
YEARS and ONE (1) DAY of reclusion temporal. Thus, the court should not make a computation in
(2010 BAR) its decision and sentence the accused to not more
than the three fold of the most severe of the
The defense counsel chimed in, contending that penalties imposable. The computation under the
application of the Indeterminate Sentence Law three-fold-rule is for the Director of Prisons to make.
should lead to the imposition of a straight penalty of (Bar Q & A in Criminal Law by Alejandria, 2023)
SIX (6) MONTHS and ONE (1) DAY of prision
correccional only. Who of the three is on the right
track? Explain. 2. PROBATION LAW (PD 968, AS AMENDED)
A: All of them are incorrect. The straight penalty of
SIX (6) YEARS and ONE (1) DAY of prision mayor Q: In June 2017, Mr. P was criminally charged
imposed by the judge is an invalid sentence as it is with Qualified Theft under the Revised Penal
mandated for the court to apply the indeterminate Code. After due proceedings, the Regional Trial
sentence law, it appearing that the accused is not Court found him guilty beyond reasonable doubt,
among those disqualified. There must be a minimum and accordingly, sentenced him to suffer the
and maximum period of imprisonment. penalty of imprisonment for an Indeterminate
period of six (6) years and one (1) day of prision
Same with the TWELVE (12) YEARS and ONE (1) DAY mayor, as minimum, to fourteen (14) years and
of reclusion temporal recommended by the one (1) day, of reclusion temporal, as maximum.
prosecutor. A straight penalty is not a valid sentence
Thereafter, Mr. P applied for probation. (2019
in cases where the offender is not disqualified.
BAR)
A straight penalty of SIX (6) MONTHS and ONE (1)
(a) May Mr. P be extended the benefits of the
DAY of prision correccional raised by the defense is
not within the prescribed penalty for Homicide Probation Law? Explain.
because the offender must be given a sentence of
within the range of prision mayor in any of its period A: No, Mr. P is disqualified for probation because the
(within the discretion of the court) up to Reclusion penalty is more than 6 years of imprisonment. (Bar
Temporal in its medium period, there being no Q & A in Criminal Law by Alejandria, 2023)
modifying circumstance appreciated. SIX (6)
MONTHS and ONE (1) DAY of prision correccional is (b) In what instance may an accused who
not within that range. appeals a judgment of conviction still
apply for probation? Explain.
5. GRADUATION OF PENALTIES A: An accused who was convicted in the lower court

for more than 6 years and hence disqualified to file
6. ACCESSORY PENALTIES
probation, when said accused appeals the case and
his penalty was reduced to less than 6 years of
D. EXECUTION AND SERVICE OF SENTENCE
imprisonment, he shall then be allowed and be
1. THREE-FOLD RULE qualified to file application for probation. (Bar Q & A
in Criminal Law by Alejandria, 2023)
Q: Roman and Wendy are neighbors. On
Valentine's Day, without prior notice, Roman Q: Matt was found guilty of drug trafficking while
visited Wendy at her condo to invite her to his younger brother Jeff was found guilty of
dinner, but Wendy turned him down and possession of equipment, instrument, apparatus
abruptly left, leaving her condo' door unlocked. and other paraphernalia for dangerous drugs
Roman attempted to follow, but appeared to under Section 12 of Republic Act No. 9165. Matt
have second thoughts; he simply went back to filed a petition for probation. Jeff appealed his
Wendy's condo, let himself in, and waited for her conviction during the pendency of which he also
return. On Wendy's arrival later that evening, filed a petition for probation.
Roman grabbed her from behind and, with a

CRIMINAL LAW
The brothers’ counsel argued that they being imprisonment shall be considered as reclusion
first time offenders, their petitions for probation perpetua. Now that it has the nomenclature of
should be granted. How would you resolve the penalties under the RPC, the modifying
brothers’ petitions for probation? Explain. (2010 circumstances therein may also be applied. Even if
BAR) reclusion perpetua is a single indivisible penalty, the
privileged mitigating circumstance of minority
A: The brothers' petition for probation should both would still be considered to lower the imposable
be denied. penalty. The rule in Article 63, RPC that if the
penalty prescribed by law is a single indivisible
Matt's petition for probation shall be denied because penalty, it shall be imposed regardless of mitigating
he was convicted for drug trafficking. Sec. 24 of R.A. and aggravating circumstance refers only to
9165 (Comprehensive Dangerous Drug Act of 2002) ordinary mitigating circumstances. (Bar Q & A in
Probation is not available for offenders convicted for Criminal Law by Alejandria, 2023)
Drug Trafficking under Section 5 of the Act. Jeff's
application for probation cannot also be entertained (b) Is the Indeterminate Sentence Law
or granted because he has already appealed his applicable considering that life
conviction by the trial court (Sec. 4, P.D. 968, as imprisonment has no fixed duration and
amended). the Dangerous Drugs Law is malum
prohibitum?
3. JUVENILE JUSTICE AND WELFARE ACT (RA A: Yes. The Indeterminate Sentence Law is
9344, AS AMENDED) applicable even to special penal laws. Since life
imprisonment was converted into reclusion
Q: Lito, a minor, was bullied by Brutus, his perpetua, which in turn was graduated to reclusion
classmate. Having had enough, Lito got the key temporal because of the privileged mitigating
to the safe where his father kept his licensed circumstance of minority, the Indeterminate
pistol and took the weapon. Knowing that Brutus Sentence Law is applicable.
usually hung out at a nearby abandoned building
after class, Lito went ahead and hid while waiting (c) If the penalty imposed is more than six
for Brutus. When Lito was convinced that Brutus (6) years and a notice of appeal was filed
was alone, he shot Brutus, who died on the spot. by A and given due course by the court,
Lito then hid the gun in one of the empty may A still file an application for
containers. At the time of the shooting, Lito was probation?
fifteen years and one month old. What is Lito's
criminal liability? Explain. (2015 BAR) A: Yes. A may still file an application for probation
even if he filed a notice of appeal. Section 42, R.A.
A: Lito is criminally liable for murder and illegal No. 9344 provides: "The court may, after it shall
possession of firearms, having committed the crime have convicted and sentenced a child in conflict with
with discernment. Minors aged fifteen years old and the law, and upon application at any time, place the
below and those who are above fifteen but below child on probation in lieu of service of his/her
eighteen years old who acted without discernment sentence taking into account the best interest of the
are exempted from criminal liability. child.
Since Lito is more than fifteen years old and he A child in conflict with the law may file an
premeditated the crime shows discernment, Lito is application for probation at any time, even beyond
criminally liable. (Bar Q & A in Criminal Law by the period for perfecting an appeal and even if the
Alejandria, 2023) child has perfected the appeal from the judgment of
conviction. (Bar Q & A in Criminal Law by Alejandria,
Q: A, a young boy aged sixteen (16) at the time 2023)
of the commission of the crime, was convicted
when he was already seventeen (17) years of age (d) If probation is not allowed by the court,
for violation of Section 11 of R.A. 9165 or Illegal how will A serve his sentence?
Possession of Dangerous Drugs for which the
imposable penalty is life imprisonment and a A: If probation is not allowed by the court, the minor
fine. Section 98 of the same law provides that if offender shall serve his sentence in an agricultural
the penalty imposed is life imprisonment to camp or other training facility in accordance with
death on minor offenders, the penalty shall be Sec. 51 of R.A. No. 9344 as amended.
reclusion perpetua to death. Under R.A. No.
9344, a minor offender is entitled to a privilege Q: Michael was 17 years old when he was charged
mitigating circumstance. (2014 BAR) for violation of Sec. 5 of R.A. 9165 (illegal sale of
prohibited drug). By the time he was convicted
(a) May the privilege mitigating and sentenced, he was already 21 years old. The
circumstance of minority be appreciated court sentenced him to suffer an indeterminate
considering that the penalty imposed by penalty of imprisonment of six (6) years and one
law is life imprisonment and fine? (1) day of prision mayor, as minimum, to
seventeen (17) years and four (4) months of
A: Yes. As stated above, under Section 98, R.A. No. reclusion temporal, as maximum, and a fine of
9165, if the offender is a minor, the penalty of life PS00,000. Michael applied for probation but his

CRIMINAL LAW
application was denied because the probation already, and claiming that his criminal liability
law does not apply to drug offenders under R.A. had been extinguished by his demise. (2015 BAR)
9165. Michael then sought the suspension of his
sentence under R.A. No. 9344 or the Juvenile (a) Should the RTC grant the Motion to
Justice and Youth Welfare Code. Can Michael Dismiss the case? Explain.
avail of the suspension of his sentence provided
under this law? (2013 BAR) A: The motion to dismiss must be denied because
the Court of Appeals, having issued an Entry of
A: Michael is entitled to suspension of sentence Judgment, the decision has become final and
until he reaches 21 years old as long as he executory. However, the pecuniary penalty, such as
committed the offense when he was still a minor. the civil liability arising from the crime consisting of
(Sec. 40, R.A. No. 9344. The benefit is applicable to actual damages of P25,000 survives the death of
said minor offenders whether the act committed is Tiburcio.
punishable under the Revised Penal Code or a
Special law such as violation of R.A. No. 9165. (b) Assuming that Tiburcio's death occurred
before the Court of Appeals rendered its
decision, will you give a different answer?
4. AN ACT ADJUSTING THE AMOUNT OR THE Explain.
VALUE OF PROPERTY AND DAMAGE ON WHICH A
PENALTY IS BASED AND THE FINES IMPOSED
A: Yes. The RTC decision must be set aside and the
UNDER THE REVISED PENAL CODE (RA 10951)
case against Tiburcio must consequently be
5. COMMUNITY SERVICE ACT (RA 11362 AND A.M. dismissed. The demise of Tiburcio which occurred
NO. 20-06-14-SC) before the Court of Appeals rendered its decision
causes his criminal liability, as well as his civil
E. EXTINCTION OF CRIMINAL LIABILITY liability ex delicto, to be totally extinguished in as
much as there is no longer a defendant to stand as
1. AN ACT AMENDING ARTICLES 29, 94, 97-99 OF the accused, the civil action is instituted therein for
THE RPC (RA 10592) recovery of civil liability ex delicto is ipso facto
extinguished. (Bar Q & A in Criminal Law by
Q: A prisoner who had been convicted, but whose Alejandria, 2023)
appeal was pending, died due to complications
caused by COVID-19. Should the prisoner's
Q: Senator Adamos was convicted of plunder.
pending appeal be dismissed as a consequence?
About one year after beginning to serve his
Explain briefly. (2021 BAR)
sentence, the President of the Philippines
granted him absolute pardon. The signed pardon
A: Yes, the appeal shall be dismissed due to the
states: "In view hereof, and in pursuance of the
death of the prisoner. Criminal liability is totally
authority vested upon me by the Constitution, I
extinguished by the death of the convict, as to the
hereby grant absolute pardon unto Adamos, who
personal penalties and as to pecuniary penalties,
was convicted of plunder in Criminal Case No.
liability therefor is extinguished only when the
XV32 and upon whom the penalty of reclusion
death of the offender occurs before final judgment.
(Article 89 of the RPC) perpetua was imposed." He now comes to you for
advice. He wants to know if he could run for
In this case, both the criminal and civil liability are senator in the next election. (2015 BAR)
extinguished since the death of the prisoner
occurred before final judgment or pending appeal. (a) What advice will you give Adamos?
Civil liability arising from other sources of obligation Explain.
other than delict may however proceed against the
estate of the deceased prisoner. (Bar Q & A in A: If I were the counsel of Senator Adamos, I would
Criminal Law by Alejandria, 2023) give him the advice that he cannot run in the
Senatorial race since the terms of the pardon has
Q: The Regional Trial Court (RTC) found Tiburcio not expressly restored his right to hold public office
guilty of frustrated homicide and sentenced him or remitted the accessory penalty of perpetual
to an indeterminate penalty of four years and absolute disqualification. Under Art. 36 of the
one day of prision correccional as minimum, to Revised Penal Code, a pardon shall not work the
restoration of the right to hold public office unless
eight years of prision mayor as maximum, and
such right be expressly restored by terms of the
ordered him to pay actual damages in the
pardon. Under Art. 41, the penalty of reclusion
amount of 1,125,000.00. Tiburcio appealed to
perpetua shall carry with it perpetual absolute
the Court of Appeals which sustained his
disqualification which the offender shall suffer even
conviction as well as the penalty imposed by the
though pardoned as to the principal penalty, unless
court a quo. After sixty days, the Court of the same shall have been expressly remitted in the
Appeals issued an Entry of Judgment and pardon (Risos-Vidal v. Lim, G.R. No. 206666, 21
remanded the records of the case to the RTC. January 2015).
Three days thereafter, Tiburcio died of a heart
attack. Atty. Abdul, Tiburcio's counsel, filed (b) Assuming that what Adamos committed
before the RTC a Manifestation with Motion to was heading a rebellion for which he was
Dismiss, informing the court that Tiburcio died imposed the same penalty of reclusion
perpetua, and what he received was

CRIMINAL LAW
amnesty from the government, will your
answer be the same? Explain. Q: A killed his wife and buried her in their
backyard. He immediately went into hiding in
A: Since amnesty was given to Senator Adamos who the mountains. Three years later, the bones of
was convicted of rebellion and was granted amnesty, A’s wife were discovered by X, the gardener.
he is eligible to run in the Senatorial race. Since X had a standing warrant of arrest, he hid
the bones in an old clay jar and kept quiet about
Criminal liability is totally extinguished by amnesty. it. After two years, Z, the caretaker, found the
It extinguishes the penalty and all its effects. Thus, bones and reported the matter to the police.
the amnesty extinguishes not only the principal
penalty of reclusion perpetua but also its effects After 15 years of hiding, A left the country but
such as the accessory penalty of perpetual absolute returned three years later to take care of his
disqualification. Amnesty looks backward and the
ailing sibling. Six years thereafter, he was
person released by amnesty is considered to have
charged with parricide but raised the defense of
not committed the offense at all. (Bar Q & A in
prescription. (2010 BAR)
(a) Under the Revised Penal Code, when does

Q: Taylor was convicted of a violation of the
the period of prescription of a crime
Election Code, and was sentenced to suffer
commence to run?
imprisonment of one year as minimum, to three
years as maximum. The decision of the trial
A: The period of prescription of a crime commences
court was affirmed on appeal and became final
to run from the date it was committed, if known and
and executory. Taylor failed to appear when if it is unknown, the period of prescription of the
summoned for execution of judgment, crimes under the Revised Penal Code commence to
prompting the judge to issue an order for his run from the day on which the crime was discovered
arrest. Taylor was able to use the backdoor and by the offended party, the authorities or their agents
left for the United States. Fifteen years later, (Art 91 of RPC).
Taylor returned to the Philippines and filed a
Motion to Quash the warrant of arrest against (b) When is it interrupted?
him, on the ground that the penalty imposed
against him had already prescribed. (2015 BAR) A: The running of the prescriptive period of the
crime is interrupted upon institution of the criminal
(a) If you were the judge, would you grant action.
Taylor's Motion to Quash? Explain.
(c) Is A’s defense tenable? Explain.
A: The motion to quash must be denied. Prescription
of penalties shall commence to run from the date A: The defense of prescription of the crime is
the felon evades the service of his sentence. (Art. 93 tenable. The crime committed is parricide which
of RPC) Taylor had not yet started serving his prescribes in twenty (20) years (Art 90, RPC).
sentence, and thus, prescription never started to Prescription starts to run when the care-taker, Z,
run in his favor. found the victim's bones and reported the matter to
the police.
(b) Assuming that instead of the United
States, Taylor was able to go to another
country with which the Philippines had F. CIVIL LIABILITIES IN CRIMINAL CASES
no extradition treaty, will your answer be
the same? Explain. Q: On her way home, Eva Marie saw an injured
chow chow puppy behind a bush. Since the
A: Even if Taylor was able to go to another country puppy did not have a collar, she brought it home
which the Philippines had no extradition treaty, the so she could have it as a pet. Her son in fact
motion to quash must be denied. begged Eva Marie to keep the puppy. The
following day, Eva Marie bought a collar for the
Art. 93 of the RPC provides that the period of puppy and brought it to a veterinarian for
prescription of penalties shall commence to run treatment. (2010 BAR)
from the date when the culprit should evade the
service of his sentence, and it shall be interrupted if (a) Did Eva Marie incur criminal liability in
the defendant should give himself up, be captured, bringing the puppy home as a pet?
should go to some foreign country with which this Explain.
Government has no extradition treaty, or should A: Yes, Eva Marie incurred criminal liability for the
commit another crime before the expiration of the crime of theft. The puppy is a personal property
period of prescription. which is susceptible of taking and has pecuniary
value. She took it with intent to gain. (Bar Q & A in
In this case, even if he fled to a foreign country with Criminal Law by Alejandria, 2023)
which this Government has no extradition treaty,
Taylor had not been imprisoned even for a day when (b) Did she incur civil liability? Explain.
he escaped. Hence, the prescription did not
commence to run. (Bar Q & A in Criminal Law by A: Eva Marie may incur civil liability if the owner of
Alejandria, 2023) the puppy would incur a loss due to non-restitution

CRIMINAL LAW
or return thereof to the owner. Finding any property and Riboli for the crime of treason because of the
of value, legally regarded as lost property, would two-witness rule. However, his testimony alone will
constitute theft if the finder failed to deliver the be sufficient to convict them for the crime of
same to the local authorities or to its owner (Art. conspiracy to commit treason since the two-witness
308, RPC). Once Eva Marie is found guilty of theft, rule will not apply in the said crime.
she will also be civilly liable in accordance with Art.
100 of the RPC which provides that a person who is Q: The Royal S.S. Maru, a vessel registered in
criminally liable is also civilly liable. (Bar Q & A in Panama, was 300 nautical miles from Aparri,
Criminal Law by Alejandria, 2023) Cagayan when its engines malfunctioned. The
Captain ordered his men to drop anchor and
repair the ship. While the officers and crew were
II. BOOK II (ARTICLES 114-365 OF THE RPC) AND
asleep, armed men boarded the vessel and took
RELATED SPECIAL LAWS
away several crates containing valuable items
A. CRIMES AGAINST NATIONAL SECURITY AND and loaded them in their own motorboat. Before
LAWS OF NATIONS (ARTS. 114-123) the band left, they planted an explosive which
they detonated from a safe distance. The
Q: The brothers Roberto and Ricardo Ratute, explosion damaged the hull of the ship, killed
both Filipino citizens, led a group of armed men ten (10) crewmen, and injured fifteen (15) others.
in seizing a southern island In the Philippines, What crime or crimes, if any, were committed?
and declaring war against the duly constituted Explain. (2016 BAR)
government of the country. The Armed Forces of
the Philippines (AFP), led by its Chief of Staff, A: The crime of Qualified Piracy under Art. 123 of
General Riturban, responded and a full scale war the Revised Penal Code has been committed, the
ensued between the AFP and the armed men led elements of piracy being present, namely, (1) that
by the brothers. The armed conflict raged for the vessel is on the high seas; (2) that the offenders
months. are not members of its complement or passenger of
the vessel; and (3) that the offenders (a) attack or
When the brothers-led armed men were running seize that vessel or (b) seize the whole or part of the
out of supplies, Ricalde, also a Filipino, and a cargo of said vessel, its equipment or personal
good friend and supporter of the Ratute belongings of its complement or passengers. The
brothers, was tasked to leave for abroad In order latter act is committed when the offenders took
to solicit arms and funding for the cash-strapped away several crates containing valuable items and
brothers. He was able to travel to Rwanda, and loaded them in their own motorboat. (Bar Q & A in
there he met with Riboli, a citizen and resident
of Rwanda, who agreed to help the brothers by
raising funds internationally, and to send them 1. ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY (PD
to the Ratute brothers in order to aid them in 532)
their armed struggle against the Philippine
government. Before Ricalde and Riboli could A) DEFINITION OF TERMS [SEC. 2]
B) PUNISHABLE ACTS [SEC. 4]
complete their fundraising activities for the
brothers, the AFP was able to reclaim-the island
Q: Who are brigands? (2012 BAR)
and defeat the Ratute-led uprising.
A: Brigands are band of robbers (at least four armed
Ricalde and Riboll were charged with conspiracy
men) whose purpose is to commit robbery in the
to commit treason. During the hearing of the two
highway or kidnapping for ransom or other purpose
cases, the government only presented as by means of force or violence.
witness, General Riturban, who testified on the
activities of the Ratute brothers, Rlcalde, and Q: Distinguish brigandage from robbery In band
Rlboli. (2018 BAR) as to elements, purpose of the of ender and
agreement among the offenders. (2012 BAR)
(a) Can Ric aide and Rlboli be convicted of
the crime of conspiracy to commit A: As to elements, in brigandage, there are at least
treason? 4 persons who form a band of robbers whose
purpose is to commit robbery in the highway or
A: Ricalde and Riboli cannot be convicted of the kidnapping for ransom or other purpose by means
crime of conspiracy to commit treason because of force or violence. There is robbery in band when
there was no war existing when they committed the more than 3 armed malefactors take part in the
acts which is among the elements. commission of robbery.
(b) Will the testimony of General Riturban, As to the purpose, in brigandage, the purpose is to
assuming he can testify on acts within his commit robbery in the highway or kidnapping for
personal knowledge, be sufficient to ransom or other purpose by means of force or
convict the Ratute brothers, Ricalde, and violence. In robbery in band, the purpose is to
Riboli? commit robbery anywhere not necessarily in a
highway.
A: The testimony of General Riturban alone will not
be sufficient to convict the Ratute brothers, Ricalde

CRIMINAL LAW
As to agreement, in brigandage, the agreement by A: No, Myra is not liable for the crime of Misprision
the band of robbers (at least four armed men) whose of Treason under Art. 116 of the Revised Penal Code.
purpose is to commit robbery in the highway or Every person owing allegiance to the government,
kidnapping for ransom or other purpose by means without being a foreigner and having knowledge of
of force or violence. In robbery in band, the any conspiracy against them conceals or does not
agreement is to commit a particular robbery. (Bar Q disclose and make known the same as soon as
& A in Criminal Law by Alejandria, 2023) possible shall be liable as an accessory to the crime
of Treason.
Q: A postal van containing mail matters,
including checks and treasury warrants, was There is no showing that Myra deliberately delayed
hijacked along a national highway by ten (10) in bad faith her obligation to disclose what she had
men, two (2) of whom were armed. They used discovered and in fact she reported the same to the
force, violence and intimidation against three (3) proper authorities. Absence deliberate delay entitles
postal employees who were occupants of the van, the offender to presumption of innocence. (Bar Q &
resulting in the unlawful taking and asportation A in Criminal Law by Alejandria, 2023)
of the entire van and Its contents. (2012 BAR)
2. ANTI-TERRORISM ACT OF 2020 (RA 11479, SEE
ATA RULING IN CALLEJA V. EXECUTIVE
(a) If you were the public prosecutor, would SECRETARY, G.R. NO. 252578, ET AL.)
you charge the ten (10) men who hijacked
the postal van with violation of A) PUNISHABLE ACTS OF TERRORISM [SECS. 4-12]
Presidential Decree No. 532, otherwise
B) WHO ARE LIABLE [SECS. 3 (L) & (M), 14]
known as the Anti-Piracy and Anti-
Highway Robbery Law of 1974? Explain C) SURVEILLANCE OF SUSPECTS AND
your answer. INTERCEPTION AND RECORDING OF
COMMUNICATIONS [SEC. 16]
A: As a public prosecutor, I would charge the 10
D) DETENTION WITHOUT JUDICIAL WARRANT
men/hijackers with violation of P .D. 532. Highway [SEC. 29]
robbery under P.D. No. 532 is committed by any
person, in any Philippine highway, who takes away E) NO TORTURE OR COERCION IN INVESTIGATION
the property of another by means of violence against AND INTERROGATION [SEC. 33]
or intimidation of person or force upon things. In
this case, there are 10 men who hijacked the van, Q: Distinguish Rebellion under the Revised Penal
and 2 were armed. Thus, they may be charged with Code and Terrorism under the Human Security
highway robbery under P.D. No. 532. (Bar Q & A in Act of 2007. (2019 BAR)
A: Rebellion under the RPC is committed by rising
(b) If you were the defense counsel, what are publicly and taking arms against the Government
the elements of the crime of highway for the purpose of removing from the allegiance to
robbery that the prosecution should said Government or its laws, the territory of the
prove to sustain a conviction? Philippine Islands or any part thereof, of any body
of land, naval or other armed forces, depriving the
A: The following elements must be proved: Chief Executive or the Legislature, wholly or
1. Intent to gain; partially, of any of their powers or prerogatives. (As
2. Unlawful taking of another person's amended by R.A. No. 6968).
property;
3. Violence against or intimidation of persons;
B. CRIMES AGAINST THE FUNDAMENTAL LAWS OF
and
THE STATE (ARTS. 124-133)
4. Crime committed on a Philippine highway.
Q: In his homily, Fr. Chris loudly denounced the
Q: Because peace negotiations on the Spratlys many extrajudicial killings committed by the
situation had failed, the People's Republic of men in uniform. Policeman Stone, then
China declared war against the Philippines. attending the mass, was peeved by the
Myra, a Filipina who lives with her Italian denunciations of Fr. Chris. He immediately
expatriate boyfriend, discovered e-mail approached the priest during 1he homily, openly
correspondence between him and a certain displayed his firearm tucked in his waist, and
General Tung Kat Su of China. menacingly uttered at the priest: Father, may
kalalagyan kayo kung hindi kayo tumigil. His
On March 12, 2010, Myra discovered that on an brazenness terrified the priest, who cut short his
even date her boyfriend had sent an e-mail to homily then and there. The celebration of the
General Tung Kat Su, in which he agreed to mass was disrupted, and the congregation left
provide vital information on the military defense the church In disgust over the actuations of
of the Philippines to the Chinese government in Policeman Stone, a coparishioner. Policeman
exchange for Pl million and his safe return to Stone was subsequently charged.
Italy. Two weeks later, Myra decided to report
the matter to the proper authorities. Did Myra The Office of the Provincial Prosecutor is now
commit a crime? Explain. (2010 BAR) about to resolve the case, and is mulling on what
to charge Policeman Stone with.

CRIMINAL LAW
transport to the stranded public to stop them
May Policeman Stone be properly charged with from plying their routes. They later on
either or both of the following crimes, or, if not, commandeered one of the buses without
with what proper crime? allowing any of the passengers to alight, and told
the driver to bring the bus to Tanay, Rizal.
(a) Interruption of religious worship as
defined and punished under Art. 132 of Upon reaching a remote area in Taney, Percy,
the Revised Penal Code; and/or Pablo, Pater and Senclo forcibly divested the
(b) Offending the religious feelings as defined passengers of their cash and valuables. They
and punished under Art. 133 of the ordered the passengers to leave thereafter. Then,
Revised Penal Code. they burned the bus. When a tanod of the
barangay of the area came around to Intervene,
Explain fully your answers. (2017 BAR) Pater fired at him, instantly killing him.
A: Policeman Stone is liable for Interruption of After Percy, Pablo, Pater and Sencio were
religious worship. It is committed by any public arrested, the police authorities recommended
officer or employee who shall prevent or disturb the them to be charged with the following crimes, to
ceremonies or manifestations of any religion. When wit: (1) carnapping; (2) robbery, (3) direct assault
he openly displayed his firearm which was tucked with homicide; (4) kidnapping; and (5) arson.
in his waist and approached the priest, he
committed the crime Interruption of religious State your legal opinion on the recommendation
worship punishable under Art. 132 of the RPC. of the police authorities on the criminal
liabilities incurred by Percy, Pablo, Pater and
Policeman Stone is not liable under Art. 133 of the
Sencio. (2017 BAR)
RPC. Offending the religious feelings is committed
by anyone who, in a place devoted to religious
A:
worship or during the celebration of any religious
1. Carnapping is not committed. There is no
ceremony shall perform acts notoriously offensive to
showing that there is taking of the vehicle
the feelings of the faithful. There was no act done
with intent to gain. In fact, they burned the
which is notoriously offensive to the feelings of the
bus.
faithful. Policeman Stone is however liable for Grave
2. Robbery is committed, the act of Tanay,
Threats for the act done against the priest.
Percy, Pablo, Pater and Sencio in forcibly
divesting the passengers of their cash and
1. ANTI-TORTURE ACT OF 2009 (RA 9745) valuables was committed with violence and
intimidation with intent to gain.
A) ACTS OF TORTURE [SEC. 4] 3. Direct Assault with homicide is improper.
Any killing on occasion of Robbery amounts
B) WHO ARE CRIMINALLY LIABLE [SEC. 13] to the crime of Robbery with Homicide
regardless of who was the person killed.
C. CRIMES AGAINST PUBLIC ORDER (ARTS. 134- 4. Kidnapping is not also committed because
160)
there is no showing that they have the
intention to restrain the freedom of the
Q: Ms. L, dean of a duly recognized private
passengers in exchange for ransom.
school, caught K, one of her students,
5. A separate crime of Arson is committed when
vandalizing one of the school's properties. Ms. L
they burned the bus after the commission of
called K's attention and proceeded to scold him,
Robbery with Homicide.
causing a crowd to gather around them.
Embarrassed with the situation, K attacked Ms.
Q: AA was arrested for committing a bailable
L by repeatedly punching her on the face. Just
offense and detained in solitary confinement. He
as K was about to strike Ms. L again, J, another
was able to post bail after two (2) weeks of
student, intervened. K then turned his anger on
defection. During the period of detention, he was
J and also hit him repeatedly, causing him
not given any food. Such deprivation caused him
physical injuries. What crime/s did K commit
physically discomfort. What crime, if any, was
under the Revised Penal Code for his acts against
committed in connection with the solitary
Ms. Land J? Explain. (2019 BAR)
confinement and food deprivation of AA?
Explain your answer. (2012 BAR)
A: K is liable for Direct Assault against Ms. L who is
a person in authority. When J came to rescue Ms.
A: Violation of the Anti-Torture Law was committed
L, J became an agent of a person in authority and
considering that food deprivation and solitary
the attack made to him by K is likewise Direct
confinement constitute physical and psychological
Assault.
tortures under R.A. No. 9745. (Bar Q & A in Criminal
Q: During the nationwide transport strike to
protest the phase out of old public utility Q: Miss Reyes, a lady professor, caught Mariano,
vehicles, striking jeepney drivers Percy, Pablo, one of her students, cheating during an
Pater and Sencio, each armed with guns, hailed examination. Aside from calling Mariano's
several MMDA buses then providing free attention, she confiscated his examination

CRIMINAL LAW
booklet and sent him out of the room, causing Q: Wielding loose firearms, Rene and Roan held
Mariano extreme embarrassment. up a bank. After taking the bank's money, the
robbers ran towards their getaway car, pursued
In class the following day, Mariano approached by the bank security guards. As the security
Miss Reyes and without any warning, slapped her guards were closing in on the robbers, the two
on the face. Mariano would have inflicted grave fired their firearms at the pursuing security
injuries on Miss Reyes had not Dencio, another guards. As a result, one of the security guards
student, intervened. Mariano then turned his ire was hit on the head causing his immediate
on Dencio and punched him repeatedly, causing death.
him injuries.
For the taking of the bank's money and killing of
What crime or crimes, if any, did Mariano the security guard with the use of loose firearms,
commit? (2013 BAR) the robbers were charged in court in two
separate informations, one for robbery with
A: Mariano is liable for two counts of direct assault. homicide attended by the aggravating
First, when he slapped Miss Reyes, who is a person circumstance of use of loose firearms, and the
in authority expressly mentioned in Art. 152 of the other for illegal possession of firearms. Are the
RPC, who was in the performance of her duties on Indictments correct? (2018 BAR)
the day of the commission of the assault. Second,
when he repeatedly punched Dencio, who became A: The crime committed by Rene and Roan is
an agent of the person in authority when he came Robbery with Homicide. Any killing committed on
to the aid of a person in authority, Miss Reyes (Celig occasion of Robbery shall give rise to a complex
v. People, G.R. No. 173150, 28 July 2010) crime of Robbery with Homicide. The illegal
possession of firearm is to be taken as an
aggravating circumstance in the crime of murder in
1. COMPREHENSIVE FIREARMS AND AMMUNITION accordance to R.A. No. 10591 where the use of a
REGULATION ACT (RA 10591)
loose firearm is inherent in the crime committed, the
use of a loose firearm is an aggravating
Q: Jesusa, a mayoralty candidate of the
circumstance and not a separate case. (Bar Q & A in
Municipality of Jaen, Nueva Ecija during the
2019 local elections, was ambushed and gunned
down by Jhudas, a gun for hire. Jhudas was
arrested at a COMELEC checkpoint just after the D. CRIMES AGAINST PUBLIC INTEREST (ARTS.
Incident. The firearm he used, a baby Armalite, 161-187)
was verified to be without any license. During
the interrogation, Jhudas admitted that Pontio, Q: X and Y approached Mayor Z and requested
the rival mayoralty candidate of Jesusa, paid him to solemnize their marriage. On the day of
him Php 1,000,000.00 to assassinate Jesusa. the ceremony, X and Y proceeded to Mayor Z's
Due to Jhudas' admission, coupled with the office but he was not there. Mayor Z's chief of
sworn statement of an eyewitness, the staff, Mr. U, however, represented that he
prosecutor filed two Informations, one for himself can solemnize their marriage and just
Murder and one for Illegal Possession of Firearm, have Mayor Z sign the marriage certificate when
against both Jhudas and Pontlo. Do you agree the latter comes back. Consequently, upon X and
with the prosecutor's charges against Jhudas Y's assent, Mr. U solemnized the marriage,
and Pontio? Explain briefly. (2022 BAR) despite his lack of authority therefor. (2019
BAR)
A: The charges against Jhudas for Murder and
Illegal Possession of Firearms are correct. When (a) What crime may Mr. U be charged under
Jhudas gunned down Jesusa upon Pontio's the Revised Penal Code (RPC)? Explain.
inducement by paying him P1,000,000, the crime
committed is murder. The use of unlicensed firearm A: Mr. U is liable for Usurpation of official function
in the commission of the crime is an aggravating under Art. 177 of the RPC for solemnizing marriage,
circumstance. Where murder was committed, the the authority of which belongs to Mayor Z. (Bar Q &
penalty for illegal possession of firearms is no longer A in Criminal Law by Alejandria, 2023)
imposable since it becomes merely a special
aggravating circumstance. (People vs. Gaborne, July (b) Assuming that Mayor Z signed the
27, 2016, G.R. No. 210710) Jhudas may likewise be marriage certificate which stated that he
liable for violation of R.A. 10591 as he was caught solemnized the marriage of X and Y, what
in flagrante delicto in possession of an unlicensed crime may Mayor Z be charged with under
firearm when he was apprehended at the the RPC? Explain.
checkpoint, which is a separate occasion/offense
from the crime of Murder he committed. A: Mayor Z is liable for falsification under Article 171
of the RPC, being a public officer and having falsified
Pontio, on the other hand, shall be liable for Murder the marriage contract of X and Y. (Bar Q & A in
committed by Jhudas as principal by inducement. Criminal Law by Alejandria, 2023)
(Bar Q & A in Criminal Law by Alejandria, 2023)
Q: Robina bought from Ramsey a seaside
property located in Romblon. At that time, she

CRIMINAL LAW
was in the process of returning to the Philippines
as a returning resident, after retiring from her (b) Will the case for falsification of private
work In Russia, and was planning to set up a document filed against Ramsey prosper?
diving school in the area. In a non-notarized
"Kasunduan ng Pagbibili," Ramsey represented A: No, it will not prosper because intent to cause
the property as alienable and disposable, and damage is an element of falsification of Private
that he had a valid title to the property. When Document. There is no showing that Ramsey had
the sale was completed, and as she was applying the intention to cause damage to Robina through
for permits and licenses for her school, she his act of executing the "Kasunduan ng Pagbibili"
found out that the property was a public non- and representing therein that the property is
alienable and nondisposable land which Ramsey alienable and disposable since he relied on his valid
Transfer Certificate of Title. Robina, on the other
had bought from someone who only had a
hand, after applying for permits and licenses for her
foreshore lease over the same. As she was bent
school found out that the property was a public non-
on setting up the diving school in the area,
alienable and non-disposable land but still
having made all the preparations and having
continued on setting up the diving school in the
already bought all the equipment, she flied a
area. (Bar Q & A in Criminal Law by Alejandria,
Miscellaneous Lease Application (MLA) with the 2023)
Department of Environment and Natural
Resources (DENR) at the Community Q: Erwin and Bea approached Mayor Abral and
Environment and Natural Resources Office in requested him to solemnize their marriage.
Romblon. In her application, she stated that she Mayor Abral agreed. Erwin and Bea went to
was a Filipino citizen, although she was still a Mayor Abral’s office on the day of the ceremony,
naturalized Russian citizen at that time. It was but Mayor Abral was not there. When Erwin and
only six months after she filed the MLA that she Bea inquired where Mayor Abral was, his chief of
filed her petition for dual citizenship under R.A. staff Donato informed them that the Mayor was
No. 9225. When DENR discovered that, at the campaigning for the coming elections. Donato
time of filing the MLA, she was still a Russian told them that the Mayor authorized him to
citizen, her application was denied and she was solemnize the marriage and that Mayor Abral
charged with falsification of a public document would just sign the documents when he arrived.
for misrepresenting herself as a Filipino citizen. Donato thereafter solemnized the marriage and
Infuriated, Robina also filed charges against later turned over the documents to Mayor Abral
Ramsey for falsification of a private document for his signature. In the marriage contract, it was
for stating in their "Kasunduan'' that the stated that the marriage was solemnized by
property was alienable and disposable. Mayor Abral. What crime(s) did Mayor Abral and
Donato commit? Explain. (2015 BAR)
In the case for falsification of a public document,
Robina's defense was that, at the time she filed A: Mayor Abral is liable for falsification of public
the MLA, she had every intention to reacquire document by a public officer under Article 171.
Philippine citizenship, as in fact she filed for Making an untruthful statement by stating in a
dual citizenship six months thereafter, and that marriage contract, a public document, that the
she had no Intent to gain or to injure the marriage was solemnized by him, is an act of
Philippine government since she expected that falsification.
her application for dual citizenship would be
approved before the MLA could be approved. On Donato on the other hand, committed the crime of
the other hand, she claimed In the action against usurpation of function under Art. 177 of the Revised
Ramsey that intent to gain was present since he Penal Code because he performed the act of
received the purchase price as a result of his solemnizing marriage, which pertained to the
misrepresentation. Ramsey's defense was that mayor, a person in authority, without being lawfully
he had a valid Transfer Certificate of Title in his entitled to do so. (Bar Q & A in Criminal Law by
name, and he had a right to rely on his title. Alejandria, 2023)
(2018 BAR)
Q: Filthy, a very rich businessman, convinced
(a) Will the case for falsification of public Loko, a clerk of court, to issue an order of release
document filed against Robina prosper? for Takas, Filthy's cousin, who was in jail for a
drug charge. After receiving PS00,000.00, Loko
A: Yes, the case for falsification of public documents forged the signature of the judge on the order of
against Robina will prosper. Falsification of a public release and accompanied Filthy to the detention
document is committed by a private individual who center. At the jail, Loko gave the guard Pl
falsifies a public or official document where in the 0,000.00 to open the gate and let Takas out.
latter made an untruthful statement. When she What crime or crimes did Filthy, Loko, and the
stated that she was a Filipino citizen, although she guard commit? (2014 BAR)
was still a naturalized Russian citizen, she made an
untruthful statement in her citizenship. Thus, a A:
case for falsification of public documents against 1. Filthy is liable of:
Robina will prosper. (Bar Q & A in Criminal Law by
Alejandria, 2023)

CRIMINAL LAW
Delivery of prisoners from Jail, Article 156, RPC, by Mercedez without the latter's authority. While he
because he assisted in the removal of Takas, a may be exempted from criminal liability for crimes
detention prisoner, from jail. of Theft, Estafa and Malicious Mischief under Article
334 of the RPC, a complex crime of Estafa through
Corruption of Public Officials, Article 212, RPC, Falsification is not included. Moreover, the death of
because he gave P500,000.00 to the clerk of court, his wife, Anita, terminated his relationship with
under circumstances in which said public officer Mercedez as a son-in-law to exempt him from
would be liable of direct bribery. criminal liability arising from the commission of
these crimes. (Bar Q & A in Criminal Law by
Falsification of Public Document, Article 172 (1), Alejandria, 2023)
RPC, as a principal by inducement because he gave
the clerk of court P500,000.00 to induce him to Q: Frank borrowed P1,000,000 from his brother
forge the signature of the judge in the order of Eric. To pay the loan, Frank issued a post-dated
release. check to be presented for payment a month after
the transaction. Two days before maturity,
2. Loko is liable of: Frank called Eric telling him he had insufficient
funds and requested that the deposit of the
Direct Bribery, Article 210, RPC, because he check be deferred. Nevertheless, Eric deposited
accepted P500,000.00 in consideration of the the check and it was dishonored. When Frank
execution of an act which constitutes a crime, failed to pay despite demand, Eric filed a
i.e.,forging the signature of the judge in the order of
complaint against him for violation of Batas
release that would enable Takas to get out of jail, in
Pambansa Big. 22 (The Bouncing Checks Law).
connection with the performance of his duty as a
clerk of court.
Was the charge brought against Frank correct?
(2013 BAR)
Falsification of Public Document, Article 171, RPC,
because he took advantage of his position as a clerk
A: Frank is liable for violation of BP 22 for issuing a
of court in forging the signature of the judge in the
worthless check. The gravamen of the offense is the
order of release.
issuance of a worthless check for value or
consideration and that after the same was
Delivery of Prisoners from Jail, Article 156, RPC,
dishonored by the drawee bank, the offender fails to
because he assisted in the removal of Takas from
pay the value of the check or make arrangement for
jail by forging the signature of the judge in the
payment thereof after actual receipt of the notice of
falsified order of release.
dishonor. (Bar Q & A in Criminal Law by Alejandria,
2023)
3. The guard is liable of:
E. CRIMES RELATIVE TO OPIUM AND OTHER

Direct Bribery, Article 210, RPC, because he agreed PROHIBITED DRUGS
to open the gate and let Takas out in consideration
of P10,000.00. 1. COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002 [RA 9165, AS AMENDED BY RA 10640;
Infidelity in the Custody of Prisoners, Art.223, RPC, SECTION 21 OF THE IMPLEMENTING RULES AND
because he, as the custodian of Takas, connived or REGULATIONS (IRR) ONLY]
consented to his escape by opening the gate. (Bar Q
Q: Sometime in 2011, while police officers were
& A in Criminal Law by Alejandria, 2023)
conducting a foot patrol in connection with the
Q: William is the son-in-law of Mercedes who report of rampant illegal activities in the area,
owns several pieces of real property. In 1994, police officer Pepe saw Raul inside a small
William's wife, Anita, died. In 1996, William shanty holding a disposable syringe. Being a
caused the preparation of a Special Power of police officer for almost 15 years and having
Attorney (SPA) giving him the authority to sell previously made more than ten arrests involving
two (2) parcels of land registered in the name of possession of drug paraphernalia, Pepe entered
Mercedes. The signature of Mercedes in the SPA through the open door of Raul's shanty and
was forged and, through this forged SPA and arrested him. Inside the shanty, 23 more pieces
without the consent and knowledge of Mercedes, of disposable syringes and empty ampules were
William succeeded in selling the two (2) parcels seized from Raul. Pepe immediately marked the
for Php 2,000,000. He pocketed the proceeds of seized items, took photographs thereof, and
the sale. conducted an inventory in the presence of Raul,
a barangay kagawad, a representative from the
Mercedes eventually discovered William's Department of Justice (DOJ), and a media
misdeeds and filed a criminal complaint. William practitioner. The seized items were turned over
was subsequently charged with estafa through to the evidence custodian, who kept them in a
falsification of public document. Was the sealed container in the police station. During the
criminal charge proper? (2013 BAR) trial of Raul for the crime of Illegal Possession of
Drug Paraphernalia, police officer Pepe, the sole
A: Yes, William may be charged with Estafa through witness for the prosecution, testified as narrated
Falsification of Public Document by forging the SPA above. After which, the prosecution rested its
and consequently selling the parcels of land owned case. The defense did not present any evidence.

CRIMINAL LAW
deviation from the procedure is not justified in the
If you were the judge, would you convict or absence of any justifiable reason for its
acquit Raul for the crime charged? Explain noncompliance. (Bar Q & A in Criminal Law by
briefly. (2022 BAR) Alejandria, 2023)
A: I will acquit Raul based on reasonable doubt. (b) What is the consequence of an unjustified
deviation from the chain of custody rule
For a successful prosecution for the crimes under to the criminal case against Mr. D?
violation of R.A. No. 9165, it is of paramount Explain.
importance that the prosecution prove that the
identity and integrity of the seized drugs are A: While the failure to observe Sec. 21 of R.A. 9165
preserved. Each link in the chain of custody of the will not automatically render the evidence
seized drugs must be established, so much so that confiscated from the possession of the accused
all persons who took custody of the seized illegal inadmissible, in the absence of a justifiable reason
drugs must be presented in court. The failure of the offered by the apprehending officers, the non-
prosecution to present the required witnesses casts compliance to Sec. 21 will amount to an acquittal as
doubt on the integrity of the corpus delicti. the integrity of the corpus delicti was not duly
preserved. (Bar Q & A in Criminal Law by Alejandria,
Noncompliance with Section 21 casts doubt on the 2023)
integrity of the corpus delicti, and essentially, on the
accused's guilt. Considering that the constitutional Q: Robin and Rowell are best friends and have
presumption of innocence mandates proof beyond been classmates since grade school. When the
reasonable doubt, "conviction cannot be sustained boys graduated from high school, their parents
if there is a persistent doubt on the identity of the gifted them with a trip to Amsterdam, all
drug." Acquittal thus, ensues. (People vs. Tomawis, expenses paid. At age 16, this was their first
G.R. No. 228890, 18 April 18, 2018) European trip. Thrilled with a sense of freedom,
Q: After a successful entrapment operation by they decided to try what Amsterdam was known
the Philippine Drug Enforcement Agency, Mr. D, for. One night, they scampered out of their hotel
a known drug pusher, was arrested on January room, went to the De Wallen, better known as
15, 2019 for having been caught in flagrante the Red-light District of Amsterdam. There, they
delicto selling a pack of shabu, a prohibited drug, went to a "coffee shop" which sells only drinks
to the poseur-buyer. and various items made from opium poppy,
cannabis, and marijuana, all of which are legal In
Consequently, Mr. D was frisked by the arresting Amsterdam. They represented themselves to be
officer, and aluminum foils, plastic lighters, and of age, and were served, and took shots of,
another plasttc sachet of shabu were obtained cannabis and marijuana products. They Indulged
from him. The Items were marked immediately In these products the whole night, even if it was
upon confiscation, and they were likewise their first time to try them. Before returning to
inventoried and photographed at the place of Manila, they bought a dozen lollipops laced with
arrest. Throughout the process, a media cannabis, as souvenir and "pasalubong" for their
representative was able to witness the conduct friends. They were accosted at the Manila
of the marking, inventory, and photography of International Airport and were charged with
the seized items in the presence of Mr. D. importation of dangerous drugs under the
Comprehensive Dangerous Drugs Act of 2002.
Mr. D was then charged with the crimes of Illegal They were also charged with use of dangerous
Sale and Illegal Possession of Dangerous Drugs. drugs after pictures of them in the "coffee shop"
In defense, he lamented that the chain of in Amsterdam were posted on Facebook,
custody procedure under Section 21, Article II of showing them smoking and taking shots of a
the Comprehensive Dangerous Drugs Act of whole menu of cannabis and marijuana products.
2002, as amended, was not followed because Their own captions on their Facebook posts
only a media representative was present. In clearly admitted that they were using the
response, the prosecution maintained that the dangerous products. The pictures were posted by
said media representative was a very credible them through Private Messenger (PM) only for
reporter and as such, the presence of any other their close friends, but Rocclno, the older
witness was unnecessary. (2019 BAR) brother of one of their best friends, was able to
get hold of his younger brother's password, and
(a) Was the chain of custody procedure without authority from his brother, accessed his
validly compiled with In this case? If not, PM and shared Robin and Rowell's Amsterdam
was the deviation from such procedure photos on Facebook. (2018 BAR)
justified? Explain.
(a) Can Robin and Rowell be prosecuted for
A: The chain of custody was not validly complied use of dangerous drugs for their one-night
because of the violation of the three-witness rule. use of these products in Amsterdam?
Under R.A. No. 10640, the accused or his
representative or counsel, a barangay elected official A: Robin and Rowell cannot be prosecuted by
and a representative from the media or from the Philippine courts, because they did not use the
DOJ must be present during the inventory. The

CRIMINAL LAW
dangerous drug within its territory, under the integrity of the substance was preserved.
principle of territoriality. Moreover, even with some deviations from the
requirements, the counsel of Dimas stipulated
(b) Can they be prosecuted for importation of that the substance seized from Dimas was shabu
dangerous drugs? so that the conviction should be affirmed. (2016
BAR)
A: They can be prosecuted for importation of
dangerous drugs under R.A. No. 9165, which (a) What is the "chain of custody"
provides: "Sec. 4. Importation of Dangerous Drugs requirement in drug offenses?
and/or Controlled Precursors and Essential
Chemicals.The penalty of life imprisonment to death A: "Chain of Custody" means the duly recorded
and a ranging from Five hundred thousand pesos authorized movements and custody of seized drugs
(P500,000.00) to Ten million pesos (P10,000, or controlled chemicals or plant sources of
000.00) shall be imposed upon any person, who, dangerous drugs or laboratory equipment of each
unless authorized by law, shall import or bring into stage, from the time of seizure/confiscation to
the Philippines any dangerous drug, regardless of receipt in the forensic laboratory to safekeeping to
the quantity and purity involved, including any and presentation in court for destruction. Such record of
all species of opium poppy or any part thereof or movements and custody of seized item shall include
substances derived therefrom even for floral, the identity and signature of the person who held
decorative and culinary purposes". temporary custody of the seized item, the date and
time when such transfer of custody were made in
(c) If found liable under either (a) or (b) above, the course of safekeeping and use in court as
what is the penalty that may be imposed evidence, and the final disposition. (People vs.
on them? Maner, G.R. No. 202206, 5 March 2018)
A: Both Robin and Rowell are exempted from (b) Rule on the contention of the State.
criminal liability because they are minors provided
they acted without discernment. If they acted with A: The contention of the State is meritorious.
discernment, they shall be criminally liable but they Macario, the policeman, failed to comply with
shall be subjected to the provisions of R.A. No. 9344 Section 21 of R.A. No. 9165 since the inventory and
("Juvenile Justice and Welfare Act of 2006") photograph of the drugs was only made in the
presence of barangay tanod and the same was not
(d) Can Roccino be prosecuted for the act of submitted to the PNP Crime Laboratory within 24
accessing and sharing on Facebook the hours. The rule is settled for failure to strictly
private pictures sent by PM to his comply with Sec. 21(1), Article II of R.A. No. 9165
brother? If yes, for what crime? does not necessarily render an accused's arrest
illegal or the items seized or confiscated from him
A: Roccino shall be liable for the violation of R.A. inadmissible. (People vs. Romeo Lim, September
10175 or the Cybercrime Prevention Act of 2012. All 2020) The most important factor is the preservation
crimes defined and penalized by the Revised Penal of the integrity and evidentiary value of the seized
Code, as amended, and special laws, if committed item. (Bar Q & A in Criminal Law by Alejandria,
by, through and with the use of information and 2023)
communications technologies shall be liable under
R.A. No. 10175. (Bar Q & A in Criminal Law by
Alejandria, 2023) F. CRIMES AGAINST PUBLIC MORALS (ARTS. 200-
202)
Q: Dimas was arrested after a valid buy-bust 1. ANTI-GAMBLING ACT (PD 1602, AS AMENDED
operation. Macario, the policeman who acted as BY RA 9287)
poseur-buyer, inventoried and photographed ten
(10) sachets of shabu in the presence of a A) DEFINITION OF TERMS [SEC. 2, RA 9287]
barangay tanod. The inventory was signed by
B) PUNISHABLE ACTS [SEC. 3, RA 9287]
Macario and the tanod, but Dimas refused to
sign. As Macario was stricken with flu the day G. CRIMES COMMITTED BY PUBLIC OFFICERS
after, he was able to surrender the sachets to the (ARTS. 203-245)
PNP Crime Laboratory only after four (4) days.
During pre-trial, the counsel de oficio of Dimas Q: A typhoon destroyed the houses of many of
stipulated that the substance contained in the the inhabitants of Municipality M. Accordingly,
sachets examined by the forensic chemist is in the local government passed an appropriation in
fact methamphetamine hydrochloride or shabu. the amount of P1,000,000.00 to implement a
Dimas was convicted of violating Section 5 of Calamity Assistance Program for the typhoon
R.A. 9165. On appeal, Dimas questioned the victims, and the funds therefor were eventually
admissibility of the evidence because Macario earmarked for the purpose. Upon the orders,
failed to observe the requisite "chain of custody" however, of Mayor T of Municipality M, these
of the alleged "shabu" seized from him. On behalf funds were disbursed for the reconstruction of
of the State, the Solicitor General claimed that the municipal hall which was substantially
despite noncompliance with some requirements, damaged by the typhoon. According to Mayor T,
the prosecution was able to show that the the reconstruction of the municipal hall was a

CRIMINAL LAW
more pressing concern than the relief program meeting, Ricky shoved a Php500 bill in the
because the vital functions of the local traffic enforcer's pocket and whispered to the
government would be impeded if the said latter to refrain from issuing him a traffic
structure would not be immediately fixed. What violation receipt. The traffic enforcer still Issued
crime did Mayor T commit under the Revised him a ticket, and returned his money. What
Penal Code? Explain. (2019 BAR) crime, If any, was committed by Ricky? (2018
BAR)
A: Mayor T is liable for Technical Malversation
because he diverted the amount earmarked and A: Ricky committed the crime of Attempted
appropriated to a different purpose. The crime is Corruption of public officials under Art. 212 of the
committed even if it was diverted to another public RPC, which states that any person who shall have
purpose. (Bar Q & A in Criminal Law by Alejandria, made the offers or promises or given the gifts or
2023) present to a public officer is guilty of corruption of
public officer. Considering it was not accepted by
Q: During the presentation of the prosecution's the traffic enforcer, the crime committed is in its
evidence, Reichter was called to the witness attempted stage. (Bar Q & A in Criminal Law by
stand with the stated purpose that he would Alejandria, 2023)
testify that his wife Rima had shot him in the
stomach with a .38 caliber pistol, resulting In Q: To aid in the rebuilding and revival of
near fatal injuries. Upon objection of the defense Tacloban City and the surrounding areas that
on the ground of the marital disqualification had been devastated by the strongest typhoon to
rule, the presiding judge (Judge Rossano) hit the country in decades, the Government and
disallowed Reichter from testifying in the case. other sectors, including NGOs, banded together
Its motion for reconsideration having been in the effort. Among the NGOs was Bangon
denied, the People of the Philippines went up on Waray, Inc. (BaWI), headed by Mr. Jose Ma.
certiorari to the Court of Appeals (CA) Gulang, its President and CEO. BaWI operated
questioning Judge Rossano's ruling. mainly as a social amelioration and charitable
institution. For its activities in the typhoon-
After due proceedings, the CA rendered stricken parts of Leyte Province, BaWI received
judgment declaring Judge Rossano's ruling void funds from all sources, local and foreign,
ab initio for having been made with grave abuse including substantial amounts from legislators,
of discretion amounting to lack or excess of local government officials and the EU. After
jurisdiction, and directing Judge Rossano to several months, complaints were heard about
allow Reichter to testify in the criminal case for the very slow distribution of relief goods and
the stated purpose. This is based on the fact that needed social services by BaWI.
the marital privilege rule does not apply where a
spouse committed the crime against the other. The COA reported the results of its audit to the
effect that at least P10 Million worth of funds
As the CA decision became final and executory, coming from public sources channeled to BaWI
the criminal case before the RTC was calendared were not yet properly accounted for. The COA
for trial. At the scheduled trial, the prosecution demanded reimbursement but BaWI did not
called Reichter to the witness stand in order to respond. Hence, Mr. Gulang was criminally
testify on the same matter it earlier announced. charged in the Office of the Ombudsman with
The defense objected on the ground that the CA malversation of public funds and failure of
erred in its disposition of the certiorari case. accountable officer to render accounts as
Judge Rossano sustained the objection and again respectively defined and punished by Art. 217
disallowed Reichter from testifying In the and Art. 218 of the Revised Penal Code. He was
criminal case. Repeated pleas from the also charged with violation of Sec. 3(e) of R.A.
prosecution for Judge Rossano to reconsider his No. 3019 for causing undue injury to the
ruling and to allow Relchter to testify fell on deaf Government. In his defense, Mr. Gulang mainly
ears. May Judge Rossano be convicted of a contended that he could not be held liable under
crime? If yes, what crime did he commit? (2018 the various · charges because he was not a public
BAR) officer. (2017 BAR)
A: Judge Rossano is liable for Unjust interlocutory (a) Who is a public officer?
order under Article 206 of the RPC. Any judge who
shall knowingly render an unjust interlocutory A: Any person who, by direct provision of the law,
order or decree shall suffer the penalty of arresto popular election or appointment by competent
mayor in its minimum period and suspension. It is authority, shall take part in the performance of
apparent that Judge Rossana made an unjust public functions in the Government of the Philippine
interlocutory order despite CA's ruling on the Islands, of shall perform in said Government or in
certiorari case. (Bar Q & A in Criminal Law by any of its branches public duties as an employee,
Alejandria, 2023) agent or subordinate official, of any rank or class
shall be deemed to be a public officer. (Art. 203 of
Q: Ricky was driving his car when he was flagged RPC)
down by a traffic enforcer for overspeeding.
Realizing his undoing, but in a hurry for a

CRIMINAL LAW
(b) Discuss whether the crimes charged earn income to provide food for their families.
against Mr. Gulang are proper. Explain When informed of the situation, Mayor Maawain
your answer. approved the withdrawal of ten boxes of food
from X Municipality's feeding program, which
A: Mr. Gulang is correct. The crime charged against were given to the families of the beneficiaries of
Mr. Gulang for Violation of Article 217 and Art. 218 the shelter assistance program. The
of the RPC are improper. The charge for violation of appropriations for the funds pertaining to the
Section 3(e) of R.A. No. 3019 is also not proper. The shelter assistance program and those for the
offender in these offenses must be a public officer feeding program were separate items on X
which is absent in the instant case. (Bar Q & A in Municipality's annual budget. (2015 BAR)
(a) What crime did Mayor Maawain
Q: commit? Explain.
(a) Define malfeasance, misfeasance and
nonfeasance. (2016 BAR) A: Mayor Maawain committed the crime of Technical
Malversation. When a public officer diverts funds or
A: Malfeasance is an act which a person is property which were earmarked or appropriated for
prohibited to do. Misfeasance is an act which is a specific purpose to another purpose, he may be
performed by a person not in accordance with what liable under such crime.
is prescribed. Nonfeasance is the omission of an act
which a person ought to do. (Bar Q & A in Criminal In this case, the funds for the feeding program are
Law by Alejandria, 2023) not specifically appropriated for the beneficiaries of
the shelter assistance program in X Municipality's
Q: Dancio, a member of a drug syndicate, was a annual budget. Mayor Maawain ought to use the
detention prisoner in the provincial jail of X boxes of food earmarked particularly for the feeding
Province. Brusco, another member of the program, which would cater only to the
syndicate, regularly visited Dando. Edri, the malnourished among his constituents who needed
guard in charge who had been receiving gifts the resources for proper nourishment. Even if the
from Brusco everytime he visited Dancio, fund was diverted to another public purpose, the
became friendly with him and became relaxed in offender may be liable for Technical Malversation.
the inspection of his belongings during his jail (Bar Q & A in Criminal Law by Alejandria, 2023)
visits. In one of Brusco's visits, he was able to
smuggle in a pistol which Dancio used to disarm (b) May Mayor Maawaln invoke the defense of
the guards and destroy the padlock of the main good faith and that he had no evil intent
gate of the jail, enabling Dancio to escape. What when he approved the transfer of the
crime(s) did Dancio, Brusco and Edri commit? boxes of food from the feeding program to
Explain. (2015 BAR) the shelter assistance program? Explain.
A: Dancio committed the crime of direct assault A: No. Mayor Maawain cannot invoke good faith
under Article 148 for disarming the guards while when he approved the transfer of the boxes of food
they were in the performance of their duties. from the feeding program to the Shelter Assistance
Likewise, he may also be liable for violation of R.A. program.
No. 10195 or the Illegal Possession of Firearm.
Criminal intent is not an element of technical
Edri committed infidelity in the custody of prisoners malversation. The law punishes the act of diverting
or evasion through negligence under Art. 224. Edri, public property earmarked by law or ordinance for
being the custodian of the prisoner, was negligent in a particular purpose to another public purpose.
relaxing the inspection of Brusco's belongings
during jail visits allowing him to smuggle the pistol Q:
which was used by Dancio to escape. Edri is also
liable for indirect bribery for accepting gifts from (a) What is the crime of qualified bribery?
Brusco by reason of his position. (2010 BAR)
Brusco, a private individual, committed Delivering A: Qualified bribery is a crime committed by a public
prisoners from jail under Art. 156 of the RPC for officer who is entrusted with law enforcement who,
aiding or assisting a prisoner to escape. (Bar Q & A in consideration of any offer, promise, gift or offer,
in Criminal Law by Alejandria, 2023) refrains from arresting or prosecuting an offender
who has committed a crime punishable by reclusion
Q: A typhoon destroyed the houses of many of perpetua and/or death (Art. 211-A, RPC).
the inhabitants of X Municipality. Thereafter, X
Municipality operated a shelter assistance (b) May a judge be charged and prosecuted
program whereby construction materials were for such felony? How about a public
provided to the calamity victims, and the prosecutor? A police officer? Explain.
beneficiaries provided the labor. The (2010 BAR)
construction was partially done when the
beneficiaries stopped helping with the A: Only public officers who are entrusted with the
construction for the reason that they needed to enforcement of the law such as the prosecutor and
the police officer may commit the crime of Qualified

CRIMINAL LAW
Bribery. Hence, the judge cannot be charged and crime under Art. 210 of the Code is a mala in se.
liable for this crime because his duty is not to (Bar Q & A in Criminal Law by Alejandria, 2023)
enforce but to interpret the law.
A public prosecutor may be prosecuted for this B) CORRUPT PRACTICES OF PUBLIC OFFICERS
crime in respect of the bribery committed, aside [SEC. 3]
from dereliction of duty committed in violation of
Art. 208 of the Revised Penal Code, should he Q: In 2003, the Province of Davao del Sur
refrain from prosecuting an offender who has purchased two vehicles for the use of the
committed a crime punishable by reclusion perpetua Governor and Vice Governor, respectively. The
and/or death in consideration of any offer, promise, purchase requests, which were all signed by Luis
gift or present. as then Governor of the province, requested for
the acquisition of one unit of Ford Ranger XLT
A police officer who refrains from arresting such an 4x4 and one unit of Toyota Hilux 4x4. The
offender who committed a crime punishable by procurement of the subject vehicles did not
capital punishment may likewise be prosecuted for undergo competitive public bidding as it was
this felony since he is a public officer entrusted with effected through direct purchase. The mode of
law enforcement. (Bar Q & A in Criminal Law by procurement was approved by the members of
Alejandria, 2023)
the Bids and Awards Committee (BAC) of the
province. The two vehicles were delivered to the
Q: Proserfina, an assistant public high school
provincial government, and after inspection and
principal, acted to facilitate the release of salary
acceptance by the concerned officials, payments
differentials and election duty per diem of
were issued to the suppliers. Subsequently, a
classroom teachers with the agreement that
complaint was filed by a concerned citizen
they would reimburse her for her expenses.
before the Office of the Ombudsman-Mindanao
(0MB) claiming that the purchase of the
Did Proserfina commit a crime? Explain. (2010
provincial government violated the procurement
BAR)
law. The OMB, after due investigation, verified
that the provincial government did not comply
A: Yes, she is criminally liable for violation of R.A.
with the required procedure of the procurement
3019 (Anti-Graft and Corrupt Practices Act) Being
law. Based on this finding, the OMB filed with
the assistant public high school principal, it is her
the Sandiganbayan an Information against Luis
duty to intervene in the release of salary differentials
and the members of the BAC for violation of
and per diem of classroom teachers under her. Her
request for a share or benefit therefor constitutes Section 3(e) of Republic Act No. 3019. The
graft or corrupt practice under Sec 3(b) of R.A. No. Sandiganbayan found Luis and the members of
3019. Considering that the acts prohibited or the BAC guilty on the sole reason that violation
punished under this law are mala prohibita, good of the procurement law constitutes evident bad
faith is not defense. (Bar Q & A in Criminal Law by faith and manifest partiality on the part of the
Alejandria, 2023) accused. Is the Sandlganbayan correct? Explain
briefly. (2022 BAR)
A: The Sandiganbayan is not correct in convicting

1. ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA Luis and the members of the BAC.
3019, AS AMENDED)
Criminal liability does not depend solely upon the
A) DEFINITION OF TERMS [SEC. 2]
allegedly scandalous irregularity of the bidding
procedure. For even if it were true and proved
Q: May a public officer charged under Section
beyond reasonable doubt that the bidding had been
3(b) of Republic Act No. 3019 ['directly or
rigged, this pronouncement alone does not
indirectly requesting or receiving any gift,
automatically result in finding the act of the
present, share, percentage or benefit, for himself
petitioner similarly culpable. It is presumed that he
or for any other person, in connection with any
acted in good faith in relying upon the documents
contract or transaction between the government
he signed and thereafter endorsed. The prosecution
and any other party, wherein the public officer must show not only the defects in the bidding
in his official capacity has to intervene under procedure, a circumstance which we need not
the law"] also be simultaneously or successively presently determine, but also the alleged evident
charged with direct bribery under Article 210 of bad faith, gross inexcusable negligence or manifest
the Revised Penal Code? Explain. (2010 BAR) partiality on the purchase order and despite
knowledge that the winning bidder did not offer the
A: Yes, a public officer charges under Sec. 3(b) of lowest price. In the instant case, Luis and the
Rep. Act 3019 (Anti-Graft and Corrupt Practices Act) members of the BAC act of pursuing the subject
may also be charged simultaneously or successively procurements was motivated not by any corrupt
for the crime of direct bribery under Art. 210 of the intent to favor one car dealer over another or to
Revised Penal Code, because two crimes are unduly receive any pecuniary benefit. Such
essentially different and are penalized under actuations were simply based on their honest belief
distinct legal philosophies. Whereas violation of Sec. that direct procurement was legally permissible.
3(b) of R.A. No. 3019 is a malum prohibitum, the

CRIMINAL LAW
(Martel vs. People, G.R. Nos. 224720-23 & 2247 65- him liable under such offense. (Bar Q & A in Criminal
68, 2 February 2, 2021) Law by Alejandria, 2023)
Q: One Sunday afternoon, Mr. X, President of Q: City Engr. A, is the city engineer and the
ABC Corp., happened to bump into the Labor Chairman of the Bids and Awards Committee
Arbiter assigned to the illegal dismissal case (BAC) of the City of Kawawa. In 2009, the City of
filed by certain employees against his company. Kawawa, through an ordinance,allotted the
During their encounter, Mr. X promised the amount of Pl00 million for the construction of a
Labor Arbiter a luxury car in exchange for a road leading to the poblacion. City Engr. A
favorable ruling. The Labor Arbiter immediately instead, diverted the construction of the road
rejected the offer and walked away. (2019 BAR) leading to his farm. Investigation further showed
that he accepted money in the amount of P10
(a) What crime did Mr. X commit under the million each from three (3) contending bidders,
Revised Penal Code (RPC), if any? who eventually lost in the bidding.
Explain.
Audit report likewise showed that service
A: Mr. X is liable for the crime of Corruption of vehicles valued at P2 million could not be
Public Official for bribing the Labor arbiter in accounted for although reports showed that
exchange for a favorable ruling. these were lent to City Engr. A's authorized
drivers but the same were never returned.
(b) Assuming that Mr. X's offer was instead Further, there were funds under City Engr. A's
accepted, should the Labor Arbiter be custody amounting to P10 million which were
held liable for any crime under the RPC? found to be missing and could not be accounted
If so, for what crime? May the Labor for. In another project, he was instrumental in
Arbiter also be held liable for violation of awarding a contract for the construction of a city
the Anti-Graft and Corrupt Practices Act? school building costing P10 million to a close
Explain. relative, although the lowest bid was P8 million.
Investigation also revealed that City Engr. A has
A: The Labor Arbiter shall be liable for Direct Bribery a net worth of more than t-50 million, which was
as he accepted a gift in consideration of his office way beyond his legItimate income. (2014 BAR)
and if there was undue injury to the government, he
may likewise be liable for violation of R.A. No. 3019
(a) If you are the Ombudsman, what charge
as they have different elements. No double jeopardy
or charges will you file against City Engr.
will arise. (Bar Q & A in Criminal Law by Alejandria,
A?
2023)
A: If I am the Ombudsman, I would file a case of
Q: Governor A was given the amount of P10
Plunder under R.A. No. 7080 against City Engr. A.
million by the Department of Agriculture for the
It is very clear from the facts given that all the
purpose of buying seedlings to be distributed to
elements of plunder are present, namely:
the farmers. Supposedly intending to modernize
the farming industry in his province, Governor A 1. The offender is a public officer holding a
bought farm equipment through direct purchase public office in the Government of the
from XY Enterprise, owned by his kumpare B, Republic of the Philippines;
the alleged exclusive distributor of the said 2. The offender amassed, accumulated, or
equipment. Upon inquiry, the Ombudsman acquired ill-gotten wealth through a
discovered that B has a pending patent combination of overt or criminal acts of
application for the said farm equipment. misuse, misappropriation, conversion or
Moreover, the equipment purchased turned out malversation of public funds, receiving
to be overpriced. What crime or crimes, if any, kickbacks from persons in connection with
were committed by Governor A? Explain. (2016 a government contract or project by reason
BAR) of his office or position and illegally or
fraudulently conveying or disposing of assets
A: Governor A committed the crimes of Technical belonging to the national government or any
Malversation and violation of R.A. No. 3019. The of its subdivisions; and
amount of P10 Million granted by the Department of 3. The aggregate amount or total value of the ill
Agriculture to Governor A which was specifically gotten wealth amassed, accumulated, or
appropriated for the purpose of buying seedlings to acquired is at least P50M. (Bar Q & A in
be distributed to the farmer was applied to acquire Criminal Law by Alejandria, 2023)
modern farm equipment through direct purchase
from XY Enterprise owned by his kumpare. His act (b) Suppose the discovered net worth of City
of diverting public funds earmarked by law or Engr. A is less than P50 million, will your
ordinance for a specific public purpose to another answer still be the same?
public purpose is Technical malversation. Governor
A can also be held liable for Violation of Section 3(e) A: Yes, the answer will be the same since in plunder
of R.A. No. 3019 or the Anti-Graft and Corrupt the basis is the combination of criminal acts or
Practices Act for favoring his kumpare where the series of acts, which constitutes the accumulation
government suffered undue injury or damage makes of more than P50M.

CRIMINAL LAW
The predicate crimes are already absorbed in the C) PROHIBITION ON PRIVATE INDIVIDUALS [SEC. 4]
crime of plunder. City Engr. A's net worth being less
D) PROHIBITION ON CERTAIN RELATIVES [SEC. 5]
than P50M is not determinative of his liability, as
long as the wealth amassed/accumulated is more E) EXCEPTIONS [SEC. 14]
than P50M. (Bar Q & A in Criminal Law by
Alejandria, 2023) 2. ANTI-PLUNDER ACT (RA 7080, AS AMENDED BY
RA 7659)
Q: Malo, a clerk of court of a trial court,
A) DEFINITION OF TERMS [SEC. 1, RA 7080]
promised the accused in a drug case pending
before the court, that he would convince the B) DEFINITION OF CRIME OF PLUNDER [SEC. 2, RA
judge to acquit him for a consideration of P5 7080 AS AMENDED BY RA 7659]
million. The accused agreed and delivered the
C) SERIES AND COMBINATION
money, through his lawyer, to the clerk of court.
D) PATTERN
The judge, not knowing of the deal, proceeded to
rule on the evidence and convicted the accused. 3. PROHIBITION OF CHILD MARRIAGE LAW (RA
(2014 BAR) 11596)
A) FACILITATION OF CHILD MARRIAGE BY PUBLIC

(a) Malo was charged with violation of OFFICER [SEC. 4]
Section 3(b), Republic Act (R.A.) No. 3019,
which prohibits a public officer from H. CRIMES AGAINST PERSONS (ARTS. 246-266)
directly or indirectly requesting or
receiving any gift, present, share Q: Moe, Curly, and Larry were drinking and
percentage or benefit wherein the public singing inside a karaoke bar when suddenly,
officer, in his official capacity, has to Buboy entered the bar and without warning,
intervene under the law. He was later Immediately shot all three of them using a
charged also with indirect bribery under caliber .45 pistol. Thereafter, Buboy ran out of
the Revised Penal Code. Malo claims he the bar to escape. Moe, Curly, and Larry died
can no longer be charged under the instantly due to gunshot wounds in their heads
Revised Penal Code for the same act and bodies. With the help of eyewitnesses, Buboy
under R.A. 3019. Is he correct? was arrested. After the inquest, the prosecutor
charged Buboy with three counts of Homicide.
A: No. One may be charged with violation of R.A. No. Do you agree with the charge of Homicide
3019 in addition to a felony under the RPC for the against Buboy? Explain briefly. (2022 BAR)
same act, either concurrently or subsequent to
being charged with a felony under the RPC. This is A: The charge for Homicide is not correct. Although,
very clear from Sec. 3 of R.A. No. 3019. Also, R.A. mere suddenness of the attack is not sufficient to
No. 3019 is a special law, the elements of the crime hold that treachery is present, where the mode
are not the same as those punished under the RPC. adopted does not positively tend to prove that they
(Bar Q & A in Criminal Law by Alejandria, 2023) thereby knowingly intended to insure the
accomplishment of their criminal purpose without
(b) Malo was charged with estafa under any risk to themselves arising from the defense that
Article 315 because he misrepresented the victim might offer, the immediate and without
that he had influence, when he actually warning attack made by Buboy, consciously and
had none. Is the charge correct? deliberately adopted the particular means, methods
and forms in the execution of the crime which
A: Yes, estafa is committed by any person who shall tended directly to insure such execution, without
ask for money from another for the alleged purpose risk to himself. (People vs. Gayon, G.R. No. 230221,
of bribing a government employee when in truth the 10 April 2019)
offender intended to convert the money to his own
personal use and benefit. The sudden and unexpected attack made on the
unsuspecting victims, depriving the latter of any
chance to defend themselves and thereby ensuring
the commission the crime constitutes treachery
which qualifies the killing to the crime of Murder.
Q: Anna and Barbara, while working inside their

sari-sari store, saw Javier and Jorge robbing an
elderly woman of her purse and brutally beating
her to death. Anna and Barbara Immediately ran
outside and, when they tried to help the elderly
woman, Javier and Jorge stabbed both of them.
Thereafter, Javier and Jorge ran away with the
elderly woman's purse. Anna suffered one stab
wound which punctured her lung, but she
survived due to timely medical assistance.

CRIMINAL LAW
Barbara, however, died as a result of nine stab
wounds, one of which pierced through her (a) Is Art. 247 (death or physical injuries
spleen. If you were the prosecutor, what crime/s inflicted under exceptional
will you file against Javier and Jorge for: (I) the circumstances) of the Revised Penal Code
death of the elderly woman, (ii) the death of (RPC) applicable in this case given that
Barbaro, and (iii) the Injuries sustained by Anna? the paramour was of the same gender as
Explain briefly. (2022 BAR) the erring spouse?
A: For the death of the elderly woman and Barbara, A: Yes, Art. 247 (death or physical injuries inflicted
the crime committed by Javier and Jorge is the under exceptional circumstances) of the Revised
special complex crime of Robbery with Homicide Penal Code is applicable. The requisites of Art. 247
and for the injuries sustained by Anna, the crime are: (1) a legally married person surprises his
committed is Frustrated Homicide. spouse in the act of committing sexual intercourse
with another person; (2) he or she kills any or both
Homicide is committed either by reason, or on of them or inflicts upon any or both of them any
occasion, of the robbery. To sustain a conviction for serious physical injury "while in the act" or
robbery with homicide, the prosecution must prove immediately thereafter; and (3) he has not promoted
the following elements: (1) the taking of personal or facilitated the prostitution of his wife or that he
property belonging to another (2) with intent to gain; or she has not consented to the infidelity of the other
(3) with the use of violence or intimidation against a spouse.
person; and (4) on the occasion or by reason of the
robbery, the crime of homicide, as used in the All the foregoing requisites are present in the case
generic sense, was committed. A conviction needs at hand. It is a given in the problem that Jojo caught
certainty that the robbery is the central purpose and Felipa and Alma in the "act of sexual intercourse."
objective of the malefactor and the killing is merely There is no qualification as to the gender with whom
incidental to the robbery. The intent to rob must his or her spouse shall have sexual intercourse as
precede the taking of human life but the killing may the law states "with any person".
occur before, during or after the robbery.
Hence, the gender of the paramour, Alma, being of
There is no special complex crime of robbery with the same gender as the erring spouse, Felipa, is
homicide and double frustrated homicide. The immaterial. (People vs. Gayon, G.R. No. 230221, 10
offense should have been designated as robbery April 2019)
with homicide alone, regardless of the number of
homicides or injuries committed. These other (b) Is Felipa liable for adultery for having
felonies have, at the most and under appropriate sexual relations with Alma?
circumstances, been considered merely as generic
aggravating circumstances which can be offset by A: No, adultery is not committed as the law provides
mitigating circumstances. that adultery is committed by any married woman
who shall have sexual intercourse with a "man" not
The term "homicide" in paragraph 1 of Article 294 is her husband. Thus, Felipa in having homosexual
used in its generic sense, that is, any act that intercourse with Alma, a "woman," is not liable for
results in death. Any other act producing injuries Adultery. (Bar Q & A in Criminal Law by Alejandria,
short of death is integrated in the "homicide" 2023)
committed by reason or on the occasion of the
robbery, assuming, of course, that the homicide is Q: Charges d'affaires Volvik of Latvia suffers
consummated. If no death supervenes, the accused from a psychotic disorder after he was almost
should be held liable for separate crimes of robbery assassinated in his previous assignment. One
and frustrated or attempted homicide or murder day, while shopping in a mall, he saw a group of
(provided that there was intent to kill) if the latter shoppers whom he thought were the assassins
offenses were not necessary for the commission of who were out to kill him. He asked for the gun of
the robbery, or for a complex crime of robbery and his escort and shot ten (10) people and wounded
frustrated or attempted homicide or murder under five (5) others before he was subdued. The
Article 48 of the Code if the latter offenses were the
wounded persons required more than thirty (30)
necessary means for the commission of robbery.
days of medical treatment. What crime or
(People vs. Labuguen, et. al., G.R. No. 223103, 24
crimes, if any, did he commit? Explain. (2016
February 2020)
BAR)
Q: Jojo and Felipa are husband and wife.
A: Volvik committed five frustrated murders for the
Believing that his work as a lawyer is sufficient
unwounded victims and five frustrated murders for
to provide for the needs of their family, Jojo
the wounded victims. Treachery is present since the
convinced Felipa to be a stay at-home mom and
sudden attack rendered the victims defenseless. The
care for their children. One day, Jojo arrived
nature of the weapon used in attacking the victims
home earlier than usual and caught Felipa in the
and extent of the wounds sustained by the five
act of having sexual intercourse with their victims showed intent to kill. His psychotic
female nanny, Alma, in their matrimonial bed. In condition is not an exempting circumstance of
a fit of rage, Jojo retrieved his revolver from insanity in the absence of showing that there is a
inside the bedroom cabinet and shot Alma, complete deprivation of intelligence in accordance
immediately killing her. (2016 BAR) with the cognition test.

CRIMINAL LAW
pregnant, and when she died, the fetus
However, he is immune from criminal prosecution. inside her womb also died, will your
Since the position of Volvik as charges d'affaires is answer be different? Explain.
diplomatic, he is vested with blanket diplomatic
immunity from criminal suit (Minucher v. Hon. CA, A: In this case, Unintentional Abortion is committed
G.R. No. 142396, 11 February 2003) instead of Infanticide. A child who had been born
less than 7 months and lived for at least 24 hours
Q: Procopio, a call center agent assigned at a already acquired personality. Since the fetus died
graveyard shift, went home earlier than usual. immediately after Aiko gave birth and who carried
He proceeded immediately to their bedroom to the fetus only for six months and force or violence
change his clothes. To his surprise, he found his was employed upon Aiko, Higino is liable for
wife Bionci in bed making love to another woman Unintentional Abortion. (Bar Q & A in Criminal Law
Magna. Enraged, Procopio grabbed a knife nearby by Alejandria, 2023)
and stabbed Bionci, who died. (2015 BAR)
Q: Puti detested Pula, his roommate, because
(a) What crime did Procopio commit, and Pula was courting GAnda, whom Puti fancied.
what circumstance attended the case? One day, Puti decided to teach Pula a lesson and
Explain. went to a veterinarian (Vet) to ask for poison on
the pretext that he was going to kill a sick pet,
A: The crime committed by Procopio is Death under when actually Putt was Intending to poison Pula.
Exceptional Circumstance under Art. 247 of the The Vet instantly gave Puti a non-toxic solution
Revised Penal Code. Art. 247 states that any legally which, when mixed with Pula's food, did not kill
married person who, having surprised his spouse in Pula. (2014 BAR)
the act of committing sexual intercourse with
another person, shall kill any of them or both of (a) What crime, if any, did Puti commit?
them in the act or immediately thereafter, or shall
inflict upon them any serious physical injury, shall A: Puti committed the impossible crime of murder.
suffer the penalty of destierro. The elements of the All the elements of an impossible crime are present.
crime states "with another person" and did not state Puti's act of mixing a solution with Pula's food would
that the sexual intercourse must be of the opposite have been murder, a crime against persons. The act
sex'. Hence, Procopio may invoke death under was done with an evil intent which is to kill Pula.
exceptional circumstances which has a lesser However, the crime was not accomplished because
penalty and which is more favorable to the accused. of the employment of ineffectual means, i.e., the
(Bar Q & A in Criminal Law by Alejandria, 2023) solution turned out to be non-toxic which would not
kill Pula. And said act would not fall under any other
(b) Assuming that Procopio and Bionci were provision of the RPC. (Bar Q & A in Criminal Law by
common law spouses, will your answer be Alejandria, 2023)
the same? Explain.
(b) Would your answer be the same If, as a
A: The answer will not be the same. Procopio will be result of the mixture, Pula got an upset
liable for Homicide in the instant case but he is stomach and had to be hospitalized for 10
entitled to a mitigating circumstance of passion and days?
obfuscation.
A: No, my answer would not be the same. If as a
Q: After a heated argument over his result of the mixture, Pula got an upset stomach
philandering, Higino punched on the head his and had to be hospitalized for 10 days, the crime
wife Aika, who was six and a half months committed by Puti is Less Serious Physical Injuries.
pregnant. Because of the impact, Aika lost her It is not an impossible crime because the last
balance, fell on the floor with her head hitting a element of an impossible requires that the act
hard object. Aika died and the child was expelled performed should not constitute a violation of
prematurely. After thirty-six hours, the child another provision of the RPC. (Bar Q & A in Criminal
died. (2015 BAR) Law by Alejandria, 2023)
(a) What crime(s) did Higino commit? Q: A, in a public place, fired his gun at B with the
Explain. intention of killing B, but the gun did not fire
because the bullet is a dud. The crime is: (2014
A: Higino is liable for parricide under Art. 246 of the BAR)
Revised Penal Code for the death of his wife, Aiko.
Higino is also liable for Infanticide under Art. 255 of A:
the Revised Penal Code. When a child was killed (A) attempted homicide
below 3-day old, the crime is Infanticide regardless (B) grave threat
of the person who killed such child. More so, a child (C) impossible crime
who had been born less than 7 months and lived for (D) alarm and scandal
at least 24 hours already acquired personality. (Bar
Q & A in Criminal Law by Alejandria, 2023) Q: A, B and C are members of SFC Fraternity.
While eating in a seaside restaurant, they were
(b) Assuming that when the incident attacked by X, Y and Z, members of a rival
occurred, Aika was only six months

CRIMINAL LAW
fraternity. A rumble ensued in which the
abovenamed members of the two fraternities The husband, being the vice president of a highly
assaulted each other in a confused and profitable company is deemed gainfully employed.
tumultuous manner resulting in the death of A. Hence, when he ceased to provide for the child's
As it cannot be ascertained who actually killed tuition and wife's support after the daughter chose
A, the members of the two fraternities who took to be in her mother's custody, it is evident that the
part in the rumble were charged for death caused denial of financial support is designed to force the
in a tumultuous affray. Will the charge prosper? wife's will and control her conduct, either to
Explain. (2010 BAR) pressure her to give the custody of their child or
force the child to choose to be within his custody.
(Esteban Donato Reyes vs. People, G.R. No. 232678,
A: No, the charge of death caused in a tumultuous
3 July 2019)
affray will not prosper. In death caused by
tumultuous affray under Art. 251 of the Revised
Q: For the past five years, Ruben and Rorie had
Penal Code, it is essential that the persons involved
did not compose groups organized for the common been living together as husband and wife without
purpose of assaulting and attacking each other the benefit of marriage. Initially, they had a
reciprocally. In this case, there is no tumultuous happy relationship which was blessed with a
affray since the participants in the rumble belong to daughter, Rona, who was born on March 1, 2014.
organized fraternities. The killer of A, a member of However, the partners' relationship became sour
SFC Fraternity could not be any other but member when Ruben began Indulging in vices, such as
of the rival fraternity. Conspiracy is therefore women and alcohol, causing frequent arguments
present among the attackers from the rival between them. Their relationship got worse
fraternity and thus rules out the idea of an affray. when, even for slight mistakes, Ruben would lay
The liability of the attackers should be collective for his hands on Rorie. One day, a tipsy Ruben
the crime of homicide or murder as the case may be. barged into their house and, for no reason,
(Bar Q & A in Criminal Law by Alejandria, 2023) repeatedly punched Rorie in the stomach. To
avoid further harm, Rorie ran out of the house.
But Ruben pursued her and stripped her naked
1. ANTI-TRAFFICKING IN PERSONS ACT OF 2003
in full view of their neighbors; and then he
(RA 9208, AS AMENDED BY RA 11862)
vanished.
A) ACTS OF TRAFFICKING IN PERSONS [SEC. 4, RA
11862] Ten days later, Ruben came back to Rorie and
pleaded for forgiveness. However, Rorie
B) ACTS THAT PROMOTE TRAFFICKING IN
expressed her wish to live separately from Ruben
PERSONS [SEC. 5, RA 11862]
and asked him to continue providing financial
C) QUALIFIED TRAFFICKING IN PERSONS [SEC. 6, support for their daughter Rona. At that time,
RA 11862] Ruben was earning enough to support a family.
He threatened to withdraw the support he was
2. ANTI-VIOLENCE AGAINST WOMEN AND THEIR
giving to Rona unless Rorie would agree to live
CHILDREN ACT OF 2004 (RA 9262)
with him again. But Rorie was steadfast in
A) DEFINITION OF TERMS [SEC. 3] refusing to live with Ruben again, and insisted
on her demand for support for Rona. As the ex-
B) ACTS OF VIOLENCE AGAINST WOMEN AND lovers could not reach an agreement, no further
THEIR CHILDREN [SEC. 5]
support was given by Ruben. What crimes did
C) PROTECTION ORDERS [SECS. 8-16] Ruben commit: (2018 BAR)
D) BATTERED WOMAN SYNDROME AS A DEFENSE (a) For beating and humiliating Rorie?
[SEC. 26]
A: Ruben is liable for violation of R.A. 9262, known
Q: An estranged married couple decided to as the "Anti-Violence Against Women and Their
separate. As part of their amicable settlement, Children Act of 2004," particularly Section 3(a)
they agreed to ask their 14-year-old child to thereof under "Physical Violence" referring to acts
choose a parent with whom to live. The child that include bodily or physical harm against a
chose the mother. Displeased, the husband woman with whom the person has or had a sexual
ceased providing for the child's tuition and the or dating relationship.
wife's support. The husband was a vice president
of a highly profitable company. Did the husband (b) For withdrawing support for Rona?
commit any crime? Explain briefly. (2021 BAR)
A: Since a violation for R.A. No. 9262 includes
A: Yes, the husband is liable for Economic Abuse economic abuse, withdrawal of financial support or
under violation of R.A. No. 9262. deliberately giving insufficient support, Ruben is
also liable under the said provision of R.A. No. 9262.
Criminal liability for violation of Section 5(e) of R.A.
No. 9262 attaches when the accused deprives the Q: Romeo and Julia have been married for twelve
woman of financial support which she is legally (12) years and had two (2) children. The first few
entitled to. Deprivation or denial of support, by years of their marriage went along smoothly.
itself, is already specifically penalized therein. However, in the fifth year onwards, they would

CRIMINAL LAW
often quarrel when Romeo comes home drunk. next morning, Dion saw the injury that he had
The quarrels became increasingly violent, inflicted upon Talia and promised her that he
marked by quiet periods when Julia would leave would stop drinking and never beat her again.
the conjugal dwelling. During these times of However, Dion did not make good on his
quiet, Romeo would "court" Julia with flowers promise. Just after one week, he started
and chocolate and convince her to return home, drinking again. Talia once more endured the
telling her that he could not live without her; or usual verbal abuse. Afraid that he might beat her
Romeo would ask Julia to forgive him, which she up again, Talia stabbed Dion with a kitchen knife
did, believing that if she humbled herself, Romeo while he was passed out from imbibing too much
would change. After a month of marital bliss, alcohol. Talia was charged with the crime of
Romeo would return to his drinking habit and parricide. (2015 BAR)
the quarrel would start again, verbally at first,
until it would escalate to physical violence. (a) May Talia invoke the defense of Battered
Woman Syndrome to free herself from
One night, Romeo came home drunk and went criminal liability? Explain.
straight to bed. Fearing the onset of another
violent fight, Julia stabbed Romeo while he was A: No, there must be at least two battering cycle
asleep. A week later, their neighbors discovered between the accused and her partner to benefit from
Romeo's rotting corpse on the marital bed. Julia the Battered Woman Syndrome to exonerate her
and the children were nowhere to be found. Julia from criminal liability. Cumulative abuse or battery
was charged with parricide. She asserted involves the infliction of physical harm resulting in
"battered woman's syndrome" as her defense. physical and psychological or emotional distress.
(2016 BAR)
In this case, there was only one acute battering
period which is insufficient to establish such
(a) Explain the "cycle of violence."
defense. Talia is criminally liable, although her
criminal liability shall be mitigated. (Bar Q & A in
A: The battered woman syndrome is characterized
by the so-called "cycle of violence", which has three
phases: (1) the tension-building phase; (2) the acute
(b) Will your answer be the same, assuming
battering incident; and (3) the tranquil, loving '(or,
at least, nonviolent) phase. During the tension- that Talia killed Dion after being beaten
building phase, minor battering occurs-it could be up after a second time? Explain.
verbal or slight physical abuse or another form of
hostile behavior. The woman tries to pacify the A: Yes, Talia can invoke the defense of Battered
batterer through a kind, nurturing behavior; or by Woman Syndrome to free herself from criminal
simply staying out of his way. The acute battering liability for killing her husband since she suffered
incident is characterized by brutality, physical and emotional distress arising from
destructiveness and, sometimes, death. The cumulative abuse or battery. Battered Woman
battered woman deems this incident as Syndrome is akin to a justifying circumstance
unpredictable, yet also inevitable. During this wherein the victim incurs no criminal or civil
phase, she has no control; only the batterer may put liability despite the absence of the requisites of self-
an end to the violence. The final phase of the cycle defense.
of violence begins when the acute battering incident
ends. During this tranquil period, the couple Q: Ms. A had been married to Mr. B for 10 years.
experience profound relief. (Bar Q & A in Criminal Since their marriage, Mr. B had been jobless and
Law by Alejandria, 2023) a drunkard, preferring to stay with his
"barkadas" until the wee hours of the morning.
(b) Is Julia's "battered woman's syndrome" Ms. A was the breadwinner and attended to the
defense meritorious? Explain. needs of their three (3) growing children. Many
times, when Mr. B was drunk, he would beat Ms.
A: Yes. The battering episodes, Julia, feared the A and their three (3) children, and shout
onset of another violent fight and honestly believed invectives against them. In fact, in one of the
the need to defend herself even if Romeo had not beating incidents, Ms. A suffered a deep stab
commenced an unlawful aggression. Even in the wound on her tummy that required a prolonged
absence of unlawful aggression, however, Battered stay In the hospital. Due to the beatings and
Woman Syndrome is a defense. Under Sec. 27 of verbal abuses committed against her, she
R.A. No. 9262, Battered Woman Syndrome is a consulted a psychologist several times, as she
defense notwithstanding the absence of any of the was slowly beginning to lose her mind. One
elements for justifying circumstances of self-defense night, when Mr. B arrived dead drunk, he
under the Revised Penal Code such as unlawful suddenly stabbed Ms. A several times while
aggression.
shouting invectives against her. Defending
herself from the attack, Ms. A grappled for the
Q: Dion and Talia were spouses. Dion always
possession of a knife and she succeeded. She
came home drunk since he lost his job a couple
then stabbed Mr. B several times which caused
of months ago. Talia had gotten used to the
his Instantaneous death. Medico-Legal Report
verbal abuse from Dion. One night, in addition to
showed that the husband suffered three (3) stab
the usual verbal abuse, Dion beat up Talia. The

CRIMINAL LAW
wounds. Can Ms. A validly put up a defense? 3. ANTI-CHILD PORNOGRAPHY ACT OF 2009 (RA
Explain. (2014 BAR) 9775)

A: Yes, Ms. A is suffering from Battered Woman
Syndrome which excuses her from criminal liability. B) UNLAWFUL OR PROHIBITED ACTS [SEC. 4]
A battered woman syndrome is similar to a
justifying circumstance despite absence of the 4. SPECIAL PROTECTION OF CHILDREN AGAINST
requisites under R.A. No. 9262. (Bar Q & A in CHILD ABUSE, EXPLOITATION, AND
DISCRIMINATION ACT (RA 7610, AS AMENDED)
A) DEFINITION OF TERMS [SEC. 3, RA 7610]
Q: Jack and Jill have been married for seven
years. One night, Jack came home drunk. B) CHILD PROSTITUTION AND OTHER SEXUAL
Finding no food on the table, Jack started ABUSE [SEC. 5, RA 7610, AS AMENDED BY RA
11648]
hitting Jill only to apologize the following day.
C) ATTEMPT TO COMMIT CHILD PROSTITUTION
A week later, the same episode occurred – Jack [SEC. 6, RA 7610)
came home drunk and started hitting Jill.
D) CHILD TRAFFICKING [SEC. 7, RA 7610, AS
AMENDED BY RA 11648]
Fearing for her life, Jill left and stayed with her
sister. To woo Jill back, Jack sent her floral E) ATTEMPT TO COMMIT CHILD TRAFFICKING
arrangements of spotted lilies and [SEC. 8, RA 7610]
confectioneries. Two days later, Jill returned
F) OBSCENE PUBLICATION AND INDECENT
home and decided to give Jack another chance.
SHOWS [SEC. 9, RA 7610, AS AMENDED BY RA
After several days, however, Jack again came 11648]
home drunk. The following day, he was found
dead. G) EMPLOYMENT OF CHILDREN [SEC. 12, RA 7610
AS AMENDED BY RA 9231]
Jill was charged with parricide but raised the
Q: Madame X, with the promise of money, and
defense of "battered woman syndrome." (2010
without the use of force, intimidation, or threat,
BAR)
enticed Zia, a 15-year-old, to engage In oral sex
by allowing Madame X to lick Zia's vagina. Zia
(a) Define "Battered Woman Syndrome."
consented because she needed the money. What
crime, if any, was committed by Madame X?
A: Battered Woman Syndrome refers to a
scientifically defined pattern of psychological and Explain briefly. (2022 BAR)
behavioral symptoms found in women living in
battering relationships as a result of cumulative A: Madame X is liable for Acts of Lasciviousness, but
abuse (R.A. No. 9262). the penalty shall be that provided under R.A. No.
7610.
(b) What are the three phases of the
R.A. No. 7610 (amended by R.A. No. 116481)
"Battered Woman Syndrome"?
punishes those who commit the act of sexual
intercourse or lascivious conduct with a child
A: The three (3) phases of the "Battered Woman
exploited in prostitution or subject to other sexual
Syndrome" are:
abuse; Provided, That when the victims is under 16
1. The tension building phase;
years of age, the perpetrators shall be prosecuted
2. The acute battering incident; and
under Art. 335, paragraph 3, for rape and Article
3. The tranquil, loving, or non-violent phase
336 of Act No. 3815, as amended, the Revised Penal
(People v. Genosa, G.R. No. 135981, 15
Code, for rape or lascivious conduct, as the case
January 2004).
may be: Provided, That the penalty for lascivious
conduct when the victim is under 16 years of age
(c) Would the defense prosper despite the
shall be reclusion temporal in its medium period;
absence of any of the elements for xxx
justifying circumstances of self-defense
under the Revised Penal Code? Explain. It bears emphasis, as well, that consent is
immaterial in cases involving violation of Sec. 5(b),
A: Yes. Sec. 26 of R.A. No. 9262 provides that victim- Art. Ill of R.A. No. 7610. 30 The law being malum
survivors who are found by the courts to be prohibitum, the mere act of committing lascivious
suffering from battered woman syndrome do not conduct with a child subjected to sexual abuse
incur any criminal and civil liability already constitute the offense. (Carbonell vs People,
notwithstanding the absence of any of the elements G.R. No. 246702, 28 April 2021)
for justifying circumstances of self-defense under
the Revised Penal Code. (Bar Q & A in Criminal Law Q: Mrs. Robinson is a teacher at an elementary
by Alejandria, 2023 school. In one of her classes, she found, to her
consternation, that an 8-year old Richard was
always the cause of distraction, as he was fond
of bullying classmates smaller in size than him.

CRIMINAL LAW
One morning, Reymart, a 7-year old pupil, cried who shall keep or have in his company a minor,
loudly and complained to Mrs. Robinson that twelve (12) years or under or who in ten (l0) years or
Richard had boxed him on the ear. Confronted more his junior in any public or private place, hotel,
by Mrs. Robinson about Reymart's accusation, motel, beer joint, discotheque, cabaret, pension
Richard sheepishly admitted the same. Because house, sauna or massage parlor, beach and/or
of this, Mrs. Robinson ordered Richard to lie face other tourist resort or similar places is liable for
down, on a desk during class. After Richard child abuse. Luneta is not among those places or
obliged, Mrs. Robinson hit him ten (10) times on similar to those places mentioned. (Bar Q & A in
the legs with a ruler and pinched his ears.
Richard ran home and reported to his mother
Q: Loko advertised on the internet that he was
what he had suffered at the hands of Mrs.
looking for commercial models for a TV
Robinson. When Richard's parents went to Mrs.
advertisement. Ganda, a 16-year-old beauty,
Robinson to complain, she interposed the
applied for the project. Loko offered her a
defense that she merely performed her duty as a
contract, which Ganda signed. She was asked to
teacher to discipline erring pupils.
report to an address which turned out to be a
high-end brothel. Ganda became one of its most
Richard's parents ask your advice on what
featured attractions. What is Loko's liability, if
actions can be instituted against Mrs. Robinson
any? What effect would Ganda's minority have
for acts committed on their minor child. (2018
on Loko's liability? (2014 BAR)
BAR)
A: Loko is liable for Human Trafficking of Persons.

(a) May Mrs. Robinson be charged with child
(R.A. No. 9208) Human Trafficking of Persons refers
abuse OR slight physical injuries?
to the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the
A: Mrs. Robinsons may be charged with child abuse.
victim's consent or knowledge, within or across
The act of inflicting injury upon the child was
national borders by means of threat or use of force,
excessive and unreasonable for the purpose of
or other forms of coercion, abduction, fraud,
considering it as a form of discipline. Sec. 10 of R.A.
deception, abuse of power or of position, taking
No. 7610 provides that any person who shall
advantage of the vulnerability of the person, or, the
commit any other acts of child abuse, cruelty or
giving or receiving of payments or benefits to achieve
exploitation or be responsible for other conditions
the consent of a person having control over another
prejudicial to the child's development is liable under
person for the purpose of exploitation which
such Act. (Bar Q & A in Criminal Law by Alejandria,
includes at a minimum, the exploitation or the
2023)
prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery,
(b) May Mrs. Robinson be charged with child
servitude or the removal or sale of organs. Ganda,
abuse AND slight physical injuries? being a minor makes the offense qualified.
A: No, Mrs. Robinson cannot be charged with both

Q: A was caught peeping through a small hole in
of child abuse and slight physical injuries because
the bathroom door while a young 16-year-old
physical injuries inflicted upon the minor is deemed
lady was taking a bath. A is liable for: (2014 BAR)
absorbed in the charge for violation of R.A. No.
7610. (Bar Q & A in Criminal Law by Alejandria,
A:
2023)
(A) Violation of R.A. 9262 or Violence Against
Women and their Children
Q: Arnold, 25 years of age, was sitting on a bench
(B) Violation of R.A. 7610 - Child Abuse
in Luneta Park watching the statue of Jose Rizal
Law
when, without his permission, Leilani, 17 years
(C) Light coercion
of age, sat beside him and asked for financial
(D) Acts of lasciviousness
assistance, allegedly for payment of her tuition
fee, in exchange for sex. While they were 5. PROHIBITION OF CHILD MARRIAGE LAW (RA
conversing, police operatives arrested and 11596)
charged him with violation of Section 10 of R.A.
7610 (Special Protection of Children against A) DEFINITION OF TERMS [SEC. 3]
Child Abuse, Exploitation and Discrimination
B) UNLAWFUL ACTS [SEC. 4]
Act), accusing him of having in his company a
minor, who is not related to him, in a public C) PUBLIC CRIMES [SEC. 5]
place. It was established that Arnold was not in
the performance of a social, moral and legal duty 6. AN ACT PROVIDING FOR STRONGER
PROTECTION AGAINST RAPE AND SEXUAL
at that time. Is Arnold liable for the charge?
EXPLOITATION AND ABUSE, INCREASING THE
Explain. (2016 BAR) AGE FOR DETERMINING THE COMMISSION OF
STATUTORY RAPE (RA 11648)
A: Arnold is not liable for child abuse because
Luneta is not a place similar to hotel, motel, beer A) AMENDMENT ON RAPE [SEC. 1]
joint, discotheque, cabaret, pension house, sauna
or massage parlor, beach and/or other tourist Q: Interviewed for a newspaper, a former beauty
resort. Under Sec. 10 of R.A. No. 7610, any person queen revealed that when she was 16 years old,

CRIMINAL LAW
she had her first sexual intercourse with her ex- seized an eight-year old girl and brought her to
boyfriend, who was then 28 years old. In her Robert. After receiving his reward, Romy left
narration, she said that she did not know what while Robert proceeded to have carnal
she was doing and noted that her ex-boyfriend of knowledge with the girl. (2018 BAR)
a more advanced age misled her to doing what
he wanted. She added that, at certain points (a) For what felony may Robert and Romy be
during the encounter, she repeatedly said no but charged?
her ex-boyfriend was just too strong for her. The
ex-boyfriend left her shortly thereafter. Was A: Robert is liable for the crime of Statutory Rape,
there a crime committed by the ex-boyfriend? having sexual intercourse with an 8-year-old girl. In
Explain briefly. (2021 BAR) statutory rape, consent is immaterial, and force and
intimidation are not necessary in every prosecution
A: Yes, the ex-boyfriend is liable for violation of R.A. for statutory rape. Rape under paragraph 3 of
No. 7610. Consent is immaterial in cases involving Article 335, RPC is termed statutory rape as it
sexual abuse under R.A. No. 7 610 where the departs from the usual modes of committing rape.
offended party is below 12 years of age. However, What the law punishes in statutory rape is carnal
consent is material when the offended party is a knowledge of a woman below twelve years old.
child, who is 12 years old or above. This punishes Hence, force and intimidation are immaterial; the
sexual intercourse or lascivious conduct not only only subject of inquiry is the age of the woman and
with a child exploited in prostitution but also with a whether carnal knowledge took place. The law
child subjected to other sexual abuse. It covers not presumes that the victim does not and cannot have
only a situation where a child is abused for profit a will of her own on account of her tender years; the
but also one in which a child, through coercion, child's consent is immaterial because of her
intimidation or influence, engages in sexual presumed incapacity to discern evil from good.
intercourse or lascivious conduct. (People vs. (People vs. Ronquillo, G.R. No. 214762, 20 September
Salvador Tulagan, G.R. No. 227363, 12 March 12, 2017)
2019)
Romy shall also be liable for such crime either as a
Under the given facts, the more advanced age of the principal by indispensable cooperation or as an
ex-boyfriend over the victim who is only 16 years accomplice.
old, a child within the definition of the law
constitutes influence over the latter and the fact (b) Will your answer in (a) be the same if the
that the victim does not know what she was doing victim is a 15-year-old lass who was
and repeatedly said no during their encounters enticed, through cunning and deceit of
show absence of consent. The ex-boyfriend then Romy, to voluntarily go to the house of
may be liable for violation of R.A. No. 7610. Robert where the latter subsequently had
carnal knowledge with her?
Alternative Answer: Yes, the ex-boyfriend is liable
for violation of R.A. No. 7610. For purposes of sexual A: If the offended party is 15 years old, they shall be
intercourse and lascivious conduct in child abuse liable for R.A. No. 7610 which covers sexual abuse
cases under R.A. No. 7610, the sweetheart defense committed against a child or children below
is unacceptable. A child exploited in prostitution or eighteen (18) years of age. Children, who for money,
subjected to other sexual abuse cannot validly give profit or any other consideration due to the coercion
consent to sexual intercourse with another person. or influence of any adult, syndicate or group,
The language of the law is clear: it seeks to punish indulge in sexual intercourse or lascivious conduct,
[t]hose who commit the act of sexual intercourse or are deemed to be children exploited in prostitution
lascivious conduct with a child exploited in and other sexual abuse. Both Robert and Romy may
prostitution or subjected to other sexual abuse. be prosecuted under the said law.
Unlike rape, therefore, consent is immaterial in
cases involving violation of Section 5, Article Ill of Q: Answer with brief explanations the following
R.A. 7610. The mere act of having sexual queries: (2017 BAR)
intercourse or committing lascivious conduct with a
child who is exploited in prostitution or subjected to (a) If the slightest penetration of the female
sexual abuse constitutes the offense. It is a malum genitalia consummates rape by carnal
prohibitum, an evil that is proscribed. (People vs. knowledge, how does the accused commit
Bienvinido Udang, Sr. G.R. No. 210161, 10 January attempted rape by carnal knowledge?
10, 2018)
A: There is attempted rape when by overt acts, the
Here, regardless of whether the former beauty queen
offender would show intent to have sexual
gave or did not give her consent to the sexual
intercourse with the victim. (Bar Q & A in Criminal
intercourse, the adult ex-boyfriend having sexual Law by Alejandria, 2023)
intercourse with a 16-year-old, a child defined
under the law is liable for violating sexual abuse
(b) What crime is committed by a capataz
under R.A. No. 7610.
who enrolls two fictitious names in the
payroll and collects their supposed daily
Q: With a promise of reward, Robert asked Romy
wages every payday?
to bring him a young girl that he (Robert) can
have carnal knowledge with. Romy agreed,

CRIMINAL LAW
A: Estafa thru falsification is committed when one
shall falsify a document with the intention to A: The crime committed by Charlie is simple rape.
defraud another. The crime of rape becomes qualified when
committed by the stepfather of the victim who is
(c) What is now the age of doli incapax in the legally married to the victim's mother. Since Charlie
Philippines? and the mother's victim are only common law
spouses, the crime committed is only a simple crime
A: A child fifteen (15) years of age or under at the of Rape. (Bar Q & A in Criminal Law by Alejandria,
time of the commission of the crime. child above 2023)
fifteen (15) years but below eighteen (18) years of age
shall likewise be exempt from criminal liability but B) AMENDMENT ON QUALIFIED SEDUCTION
he will be subjected to an intervention program, [SEC. 2]
unless he/she has acted with discernment, he shall
then be liable and in which case, such child shall be I. CRIMES AGAINST PERSONAL LIBERTY AND
subjected to the appropriate proceedings in SECURITY (ARTS. 267-292)
accordance with this R.A. No. 9344. (Bar Q & A in
Criminal Law by Alejandria, 2023) Q: The accused in a pending case forcibly
snatched the daughter of a judge and kept her in
(d) Why is there no crime of frustrated an undisclosed location. The accused then called
serious physical injuries? to tell the judge that the daughter would only be
released if the judge would acquit the accused in
A: There is no frustrated Serious Physical Injuries the pending case. Did the accused commit a
because there is no stages of execution in the crime crime with these acts? Explain briefly. (2021
of Physical injuries. Such crime is classified BAR)
according to the nature of the injury sustained by
the victim such as serious, less serious or slight A: Yes, the accused is liable for Serious Illegal
physical injuries. (Bar Q & A in Criminal Law by Detention as against the daughter of the judge.
Alejandria, 2023)
In the case at bar, when the accused detains the
Q: Braulio invited Lulu, his 11-year old daughter of the judge and was not allowed to be
stepdaughter, inside the master bedroom. He released until the judge acquits him, there was
pulled out a knife and threatened her with harm actual deprivation of the victim's liberty.
unless she submitted to his desires. He was Deprivation of liberty is qualified to serious illegal
touching her chest and sex organ when his wife detention when the victim is a female punishable
under Art. 267 of the RPC.
caught him in the act. The prosecutor is unsure
whether to charge Braulio for acts of
The accused may also be liable for the crime Grave
lasciviousness under Art. 336 of the RPC; for
Coercion under Art. 286 of the RPC. Since the
lascivious conduct under R.A. No. 7610 (Special
purpose of the accused is to compel the judge to
Protection against Child Abuse, Exploitation and
acquit him, the taking of the judge's daughter
Discrimination Act); or for rape under Art. 266-
constitutes violence to control the judge to do
A of the RPC. What is the crime committed? something against his will. (Bar Q & A in Criminal
Explain. (2016 BAR) Law by Alejandria, 2023)
A: The act of touching the chest and sex organ of Q: Lina worked as a housemaid and yaya of the
Lulu under psychological coercion or influence of one-week old son of the spouses John and Joana.
her stepfather, Braulio, constitutes sexual abuse
When Lina learned that her 70-year old mother
under Section S(b) of R.A. No. 7610. The act
was seriously ill, she asked John for a cash
committed by Braulio is lascivious conduct
advance of P20,000.00, but the latter refused. In
punishable under R.A. No. 7610 against a minor
anger, Lina gagged the mouth of the child with
which act would demean, debased the normal
stockings, placed him in a box, sealed it with
growth and development of the minor victim. (Bar Q
& A in Criminal Law by Alejandria, 2023) masking tape, and placed the box in the attic.
Lina then left the house and asked her friend
Q: Charlie was charged for the qualified rape of Fely to demand a 1920,000.00 ransom for the
AAA. The Information alleged that AAA was 14 release of the spouses' child to be paid within
years old at the time the crime was committed twenty four hours. The spouses did not pay the
and that Charlie was AAA's stepfather. The ransom. After a couple of days, John discovered
presentation of AAA's birth certificate during the the box In the attic with his child already dead.
trial duly established the following: (1) that AAA According to the autopsy report, the child died
was indeed 14 years old at the time of the rape; of asphyxiation barely minutes after the box was
and (2) that AAA's mother is BBB and her father sealed. What crime or crimes, if any, did Lina and
was the late CCC. BBB and Charlie only became Fely commit? Explain. (2016 BAR)
live-in partners after CCC's death. The RTC
found Charlie guilty of qualified rape. On appeal, A: The crime committed by Lina is Murder for killing
a child of tender years. The act committed by Lina
the Court of Appeals convicted Charlie of simple
which caused the death of the child constitutes the
rape. Charlie appealed before the Supreme
crime of Murder. Fely shall not be liable for the
Court. How will you rule and why? (2015 BAR)
crime because there is no showing that she

CRIMINAL LAW
participated with Lina in putting the child in the box Kidnapping is a crime against Personal Liberty and
which caused the latter's death. The act of Security under Title 9, RPC. Second, even if the
demanding ransom by Fely would not constitute the ransom note was not received by Carla's parents,
crime of Kidnapping since there was actually no the crime of kidnapping and serious illegal detention
taking to another place was committed for the for ransom is already consummated.
purpose of detaining the child in exchange for
ransom. Fely may be liable however for Light Kidnapping for Ransom is committed "when the
Coercion under Art. 287 of the RPC, par. 2 which kidnapping or detention is for the purpose of
provides; any other coercions or unjust vexations extorting ransom from the victim or any other
shall be punished by arresto menor or a fine ranging person." To consummate the crime, it suffices that
from 5 pesos to 200 pesos, or both, for demanding the purpose is to extort ransom; it is not necessary
ransom for the release of the spouses' child to be that the ransom note be received or that ransom be
paid within twenty-four hours. It cannot be said that paid.
such an act constitutes Grave Coercion in the
absence of violence employed. (Bar Q & A in Criminal The Prosecutor cannot file a case of grave coercion
Law by Alejandria, 2023) because the crime committed, as explained above,
is kidnapping for ransom. (Bar Q & A in Criminal
Q: Angelino, a Filipino, is a transgender who Law by Alejandria, 2023)
underwent gender reassignment and had
implants in different parts of her body. She Q: Sexy boarded a taxi on her way home from a
changed her name to Angelina and was a finalist party. Because she was already tipsy, she fell
in the Miss Gay International. She came back to asleep. Pogi, the taxi driver, decided to take
the Philippines and while she was walking advantage of the situation and drove Sexy to a
outside her home, she was abducted by Max and deserted place where he raped her for a period of
Razzy who took her to a house in the province. two (2) weeks. What crime did Pogi commit?
She was then placed in a room and Razzy forced (2014 BAR)
her to have sex with him at knife's point. After
the act, it dawned upon Razzy that Angelina is A: The crime committed by Pogi is kidnapping and
actually a male. Incensed, Razzy called Max to Serious Illegal Detention with rape. Since Sexy was
help him beat Angelina. The beatings that raped for two weeks, there was a clear deprivation
Angelina received eventually caused her death. of liberty, which constitutes the crime of kidnapping
What crime or crimes, if any, were committed? with serious illegal detention. The crime is
Explain. (2016 BAR) committed when one kidnaps or detains another, or
in any other manner deprives her of his liberty and
A: Max and Razzy are liable for kidnapping with the kidnapping or detention has lasted more than
homicide. Since Angelina was killed in the course of three days or the victim is a female. Since as a
the detention, the crime constitutes kidnapping and consequence of the detention, the victim is raped,
the crime committed is special complex crime of
serious illegal detention with homicide under Art.
267. The act committed by Max and Razzy negates kidnapping with rape, the resultant crime is only
the crime of Abduction since Angelina in reality is one kidnapping with rape. (Bar Q & A in Criminal
not a woman which is one of the elements of Forcible
Abduction. (Bar Q & A in Criminal Law by
Alejandria, 2023)
1. CYBERCRIME PREVENTION ACT OF 2012 (RA
10175)
Q: Carla, four (4) years old, was kidnapped by
Enrique, the tricycle driver engaged by her A) CYBERCRIME OFFENSES [SEC. 4]
parents to drive her to and from school every
B) OTHER OFFENSES [SEC. 5]
day. Enrique wrote a ransom note demanding
that Carla's parents pay him P500,000.00
Q: Mr. S, a businessman and information
ransom in exchange for her liberty. However,
technology practitioner, claimed to have devised
before the ransom note could be received by
an innovative business model. He would
Carla's parents, Enrique's hideout was
diligently compile a list of known personalities
discovered by the police. Carla was rescued while
and entities in the fields of entertainment, arts,
Enrique was arrested. The prosecutor considered
culture, and sports, and acquire numerous
that the ransom note was never received by
domain names in the internet using the names
Carla's parents and filed a case of "Impossible
of these known personalities and entities for the
crime to commit kidnapping" against Enrique. Is
purpose of selling these registered domain
the prosecutor correct? If he is not correct, can
names to said personalities and entities in the
he instead file a case of grave coercion? (2014
future.
BAR)
Does Mr. S's "innovative business model"
A: The Prosecutor is not correct. There is no
exposes him to any criminal liability under the
"Impossible crime to commit kidnapping". First, an
Cybercrime Prevention Act of 2012? If so, for
impossible crime applies only to Crimes against
what crime? Explain. (2019 BAR)
Persons and Crimes against Property under Titles 8
and 10 of the RPC, respectively.
A: Yes, Mr. S is liable for violation of the Cybercrime
Prevention Act of 2012 particularly cybersquatting

CRIMINAL LAW
which punishes the act of registering, selling or Q: One Sunday afternoon, while standing at the
using a domain name with the intent of profiting corner of C.P. Garcia and Katipunan Avenues, an
from the goodwill of someone else's trademark. It off-duty police officer accosted a motorcycle
generally refers to the practice of buying up domain rider and asked them to alight. The off-duty
names that use the names of existing businesses police officer then Inspected the motorcycle's
with the intent to sell the names for a profit to those compartment box. Pretending that a sachet of
businesses. (Bar Q & A in Criminal Law by shabu was found, the off-duty police officer
Alejandria, 2023) demanded P1,000.00 In order to prevent an
arrest.,
J. CRIMES AGAINST PROPERTY (ARTICLES 293-
332) Fearful of being Incarcerated for life for a crime
that was not really committed, the motorcycle
Q: Jenny obtained fire insurance from VG rider readily compiled. Unknown to the off-duty
Insurance Co. (VG). In payment of the policy, she police officer, a surveillance camera caught the
issued a postdated check payable to cash in the entire incident. Will a charge of robbery prosper
amount of Phpl8,000.00 which was handed to against the off-duty police officer? Explain
Lisa, VG's sales agent. Lisa did not remit the briefly. (2021 BAR)
check to VG. Instead, Lisa deposited it in her
husband's bank account, but the check was A: Yes, the charge for Robbery against off-duty
dishonored for having been drawn from a closed police officer will prosper.
account. What crime, if any, was committed by
Lisa and, if there was any, what is its prescribed The elements of the crime of robbery under Art. 293
penalty? Explain briefly. (2022 BAR) of the RPC are (1) that there is taking of personal
property; (2) the personal property belongs to
A: The crime committed by Lisa, being YG's sales another; (3) the taking is with animus lucrandi; and
agent is Estafa. (4) the taking is with violence against or intimidation
of persons or force upon things.
The conversion of personal property in the case of
an employee having material possession of the said There is intimidation when there is unlawful
property constitutes theft, whereas in the case of an coercion; extortion; duress; putting in fear. To take,
agent to whom both material and juridical or attempt to take, by intimidation means "wilfully
possession have been transferred, misappropriation to take, or attempt to take, by putting in fear of
of the same property constitutes estafa. (Reside vs. bodily harm." As shown in United States vs. Osorio
People, G.R. No. 210318, 28 July 2020) material violence is not indispensable for there to be
intimidation, intense fear produced in the mind of
Lisa, as an agent received not only the material the victim which restricts or hinders the exercise of
possession but also juridical possession of the the will is sufficient. (Jamar Ablaza vs. People, G.R.
postdated check which constitutes the crime of No. 217722, 26 September 2018)
Estafa punishable by arresto mayor in its medium
and maximum period in accordance with R.A. No. In this case, the demand of the police officer for
10951. P1,000 to refrain from arresting the motorcycle rider
and because of fear of being incarcerated for a crime
Q: While executing a search warrant, a police he did not commit and the motorcycle rider
officer pocketed and absconded with the mobile complied, the charge for robbery against the off-duty
phone of the occupant of the premises being police officer is proper since the taking with intent
searched. The mobile phone was not the subject to gain, committed through intimidation are
of the search warrant. It was not enumerated in present.
the order. Did the police officer commit a crime?
Explain briefly. (2021 BAR) Q: During a Senate hearing in aid of legislation,
a Senator's staff member took a resource
A: Yes, the police officer is liable for Theft. Theft is person's mobile phone without their consent or
consummated when three (3) elements concur: Knowledge. While the hearing was ongoing, the
staff member read the resource person's
(1) the actual act of taking without the use of messages contained in the mobile phone and
violence, intimidation, or force upon persons or hurriedly wrote notes which were passed to the
things; (2) intent to gain on the part of the taker; Senator.
and (3) the absence of the owner's consent.
Thereafter, the staff surreptitiously returned the
The police officer who is not authorized to take the mobile phone. The resource person would not
mobile phone, not being included as subject of the have noticed that the mobile phone was taken
search warrant and he took the same without the had it not been for a TlkTok video posted by a
owner's consent and with intent to gain. Intent to journalist who was present during the hearing.
gain or animus lucrandi is presumed from the
The TlkTok video caught the entire act of the
unlawful taking by the offender of the thing subject
Senator's staff member. The TlkTok video even
of asportation. (Bar Q & A in Criminal Law by
had accompanying music and narration. The
Alejandria, 2023)
video became viral. Can the staff member be

CRIMINAL LAW
liable for Theft of the mobile phone? Explain the group intimidated the security guards posted
briefly. (2021 BAR) at the entrance gate with the firearms they were
carrying and destroyed the padlocks of the doors
A: Yes, the staff member shall be liable for the crime of the houses with the use of crowbars and
of Theft. hammers. They claimed that they would occupy
the houses and live therein because the houses
Theft is consummated when three {3) elements were idle and they were entitled to free housing
concur: (1) the actual act of taking without the use from the government.
of violence, intimidation, or force upon persons or
things; (2) intent to gain on the part of the taker; For the reason that the houses were already
and (3) the absence of the owner's consent. awarded to military personnel who have been
found to have fully complied with the
Intent to gain is presumed from all furtive taking of
requirements for the award thereof, NHA
useful property appertaining to another, unless
demanded the group to vacate within ten (10)
special circumstances reveal a different intent on
days from notice the houses they occupied and
the part of the perpetrator. (Herman Medina v.
were still occupying. Despite the lapse of the
People, G.R. No. 182648, 17 June 2015)
deadline, the group refused to vacate the houses
The act of the staff member in taking the mobile in question. What is the criminal liability of the
phone, without the owner's consent and his act of members of the group, if any, for their actions?
taking information therein to be used by the Senator (2018 BAR)
that may be used by him in the session satisfies the
element of intent to gain. The fact that the mobile A: The members of the group who, by means of
phone was returned is of no moment as the crime violence against or intimidation, shall take
had already been consummated. possession of any real property or shall usurp any
real rights in property belonging to another, is
Q: In August 2018, B entered Into a contract criminally liable under Art. 312 of the RPC or
with S for the purchase of the latter's second- Occupation of real property or usurpation of real
hand car in the amount of P400,000.00 payable rights in property. (Bar Q & A in Criminal Law by
Alejandria, 2023)
In two (2) equal monthly installments.
Simultaneously with the signing of the contract
Q: Rashid asked Rene to lend him P50,000,
and S's turnover of the car keys, B executed,
payable in six (6) months and, as payment for the
issued, and delivered two (2) post-dated checks,
loan, Rashid issued a postdated check for the
all payable to S, with the assurances that they
said amount plus the agreed interest. Rashid
will be honored on their respective maturity
assured Rene that the account would have
dates.
sufficient funds on maturity date. On that date,
Rene presented the check to the drawee bank for
However, all two (2) checks were dishonored for
payment but it was dishonored for the reason
being drawn against insufficient funds.
that it was drawn against insufficient funds
Consequently, notices therefore were duly
(DAIF).
issued to and received by B, but this
notwithstanding, no payment arrangements
Rene sent Rashid a timely notice of dishonor of
were made by him. Further, upon S's
the check and demanded the latter to make good
investigation, it was uncovered that B's checking
the same within five (5) days from notice. After
account had only P50,000.00 when its was
the lapse of the five (5)-day notice, Rene
opened in June 2018 and no further deposits
redeposited the check with the drawee bank but
were made after that. S also found out that B
it was again dishonored for the same reason, i.e.,
knew fully well of such circumstance at the time
DAIF. Rene thereafter filed two (2) separate
he issued the two (2) checks. What crime/s
criminal actions against Rashid: (1) Estafa under
should B be charged with and for how many
Art. 315(2)( d) of the RPC, as amended by R.A.
counts? Explain. (2019 BAR)
No. 4885, i.e, estafa committed by postdating a
check, or issuing a check in payment of an
A: B is liable for one count of Estafa and two counts
of violation of BP 22 for the issuance of two obligation without sufficient funds in the bank;
worthless checks. As the checks were issued and (2) Violation of B.P. 22 or the Bouncing
simultaneously to the delivery of the keys of the car, Checks Law. (2018 BAR)
there was Estafa in the instant case. On the other
hand, the receipt of B of the notice of dishonor and (a) Can he be held liable under both actions?
his failure to pay the value of the check or make
arrangement for payment thereof constitutes the A: Yes, he may be liable for both actions. There will
violation of BP 22. (Bar Q & A in Criminal Law by be no double jeopardy because the elements of the
Alejandria, 2023) two (2) offenses are different. Both cases can
independently proceed from each other. (Bar Q & A
Q: A group of homeless and destitute persons in Criminal Law by Alejandria, 2023)
invaded and occupied the houses built by the
National Housing Authority (NHA) for certain (b) If the check is presented for payment
military personnel. To gain entry to the houses, after four (4) months, but before it

CRIMINAL LAW
becomes stale, can the two actions still Q: Domingo is the caretaker of two (2) cows and
proceed? two (2) horses owned by Hannibal. Hannibal told
Domingo to lend the cows to Tristan on the
A: With respect to the crime of Estafa, the condition that the latter will give a goat to the
presentment for payment beyond 90 days is of no former when the cows are returned. Instead,
moment. For violation of BP 22, the 90-day period Tristan sold the cows and pocketed the money.
is not an element of the offense but merely a Due to the neglect of Domingo, one of the horses
condition for the prima facie presumption of was stolen. Knowing that he will be blamed for
knowledge of the insufficiency of funds. The check the loss, Domingo slaughtered the other horse,
which must be deposited within ninety (90) days is got the meat, and sold it to Pastor. He later
simply one of the conditions for the prima facie reported to Hannibal that the two horses were
presumption of knowledge of lack of funds to arise.
stolen. (2016 BAR)
It does not discharge the offender from his duty to
maintain sufficient funds in the account. (Bautista
(a) What crime or crimes, if any, did Tristan
v. CA, GR. 143375, 6 July 2001)
commit? Explain.
Q: Val, a Nigerian, set up a perfume business in
A: Tristan is liable for Estafa under Art. 315 of the
the Philippines. The Investors would buy the raw
Revised Penal Code. He received the cows under
materials at a low price from Val. The raw
obligation involving the duty to return the same
materials consisted of powders, which the
thing deposited, and acquired legal or juridical
investors would mix with water and let stand possession in so doing, since their transaction is a
until a gel was formed. Val made a written commodatum. Selling the cows as if he owned it
commitment to the investors that he would buy constitutes misappropriation or conversion within
back the gel at a higher price, thus assuring the the contemplation of Art. 315 of the RPC. (Bar Q &
Investors of a neat profit. When the amounts to A in Criminal Law by Alejandria, 2023)
be paid by Val to the investors reached millions
of pesos, he sold all the equipment of his (b) What crime or crimes, if any, were
perfume business, absconded with the money, committed by Domingo? Explain.
and Is nowhere to be found. What crime or
crimes were committed, if any? Explain. (2016 A: Domingo is liable for qualified theft under Article
BAR) 308 of the Revised Penal Code. Although Tristan
received the horse with the consent of the owner,
A: Val is liable for Estafa under Art. 315 2(a) of the Hannibal, his possession is merely physical or de-
RPC by means of any of the following false pretenses facto since the farmer is ah employee of the latter.
or fraudulent acts executed prior to or Slaughtering the horse, which he physically
simultaneously with the commission of the fraud. possessed, and selling its meat to Pastor shall be
When he sold all the equipment of his perfume considered as taking without consent of the owner
business and abscond with the money, such act with intent to gain which constitutes theft (Balerta
constitutes Estafa. (Bar Q & A in Criminal Law by v. People, G.R. No. 205144, 26 November 2014),
Alejandria, 2023) Since the horse is accessible to him, the theft is
qualified by the circumstance of abuse of confidence
Q: A is the driver of B's Mercedes Benz car. When (Yongco v. People, G.R. No. 209373, July 30, 2014)
B was on a trip to Paris, A used the car for a joy
ride with C whom he Is courting. Unfortunately, Q: Pedro, Pablito, Juan and Julio, all armed with
A met an accident. Upon his return, B came to bolos, robbed the house where Antonio, his wife,
know about the unauthorized use of the car and and three (3) daughters were residing. While the
sued A for qualified theft. B alleged that A took four were ransacking Antonio's house, Julio
and used the car with intent to gain as he noticed that one of Antonio's daughters was
derived some benefit or satisfaction from its use. trying to escape. He chased and caught up with
On the other hand, A argued that he has no her at a thicket somewhat distant from the
intent of making himself the owner of the car as house, but before bringing her back, raped her.
he in fact returned it to the garage after the joy (2016 BAR)
ride. What crime or crimes, if any, were
committed? Explain. (2016 BAR) (a) What crime or crimes, if any, did Pedro,
Pablito, Juan and Julio commit? Explain.
A: A committed the crime of Qualified Theft. In this
case, he is guilty of theft because by faking A: Pedro, Pablito, Juan and Julio committed the
possession of the personal property belonging to crime of Robbery committed by a band. Under Art.
another with intent to gain which is apparent in 14, par. 6 of the RPC, whenever more than three
driving the car for pleasure and for his enjoyment, armed malefactors shall have acted together in the
the crime of theft is consummated. Intent to gain commission of an offense, it shall be deemed to have
does not only mean material gain. Since A is the been committed by a band.
owner's driver, A has only a material or physical
possession of the car and the taking thereof without In addition to Robbery, Julio shall be liable for Rape.
the owner's consent is Qualified Theft. (Bar Q & A in Only him shall be liable for the crime of rape since
Criminal Law by Alejandria, 2023) there is no showing that his companion has

CRIMINAL LAW
knowledge of the crime of rape committed against some excuses and told Nita that the deployment
one of the daughters of the owners of the house. would be delayed. Another month passed and
Dela made other excuses which made Nita
(b) Suppose, after the robbery, the four took suspicious. Nita later discovered that Dela was
turns in raping the three daughters inside not licensed to recruit. Nita confronted Dela and
the house, and, to prevent identification, demanded the return of her money. Dela.
killed the whole family just before they promised to return the same in a week's time.
left. What crime or crimes, if any, did the (2015 BAR)
four malefactors commit?
(a) A week later, Dela was nowhere to be
A: They shall all be liable for the crime of Robbery found. What crime(s) did Dela commit?
with homicide and the crime of rape shall be an Explain.
aggravating circumstance. Any killing on occasion
of Robbery shall give rise to a complex crime of A: Dela committed the crime of Estafa and violation
Robbery with Homicide, regardless of the number of of the Migrant Workers's Act. (R.A. No. 8042) Dela
persons killed. If on occasion of Robbery, there is defrauded Nita by leading her to believe that she has
killing and rape committed, rape shall be considered the capacity to send her to Taiwan for work, even
as an aggravating circumstance. (Bar Q & A in though she does not have a license or authority for
Criminal Law by Alejandria, 2023) the purpose. Such misrepresentation came before
Nita gave Dela P120,000 for the processing of her
Q: Nel learned that Elgar, the owner of the papers. Clearly, Nita would have not parted with her
biggest house in the place, would be out of town money were it not for such enticement by Dela. As a
for three days with no one left to watch the consequence of Dela's false pretenses, Nita suffered
house. He called his friends Ben, Ardo and Gorio damages as the promised employment abroad never
and they planned to take the valuables in the materialized and the money she paid was never
house while Elgar was away. Nel and Ben would recovered. Thus, the crime of estafa through
go inside the house, Ardo would serve as the falsification of public documents is committed.
lookout, while Gorio would stay in the getaway Since Dela has no license to recruit, the crime of
car. When Elgar left, they carried out their plan illegal recruitment is also committed. (Bar Q & A in
to the letter. Nel and Ben went inside the house Criminal Law by Alejandria, 2023)
through the backdoor which was left unlocked.
None of the rooms and drawers inside were (b) Will your answer still be the same,
locked. They took the money, jewelry and other assuming that the promise to deploy for
valuables therefrom and immediately left using employment abroad was made by Dela to
the getaway car. Celia, Digna and Emma, in addition to
Nita, and from whom Dela also collected
After driving for about one kilometer, Nel the same amount of processing fee?
realized he left his bag and wallet with IDs in the Explain.
house and so he instructed Gorio to drive back
to the house. Nel just went in thinking that the A: The crime would still be Estafa against Celia,
house was still empty. But to his surprise, Nel Digna, Emma and Nita. In addition thereto, Dela is
found Fermin seated on a bench with Nel's bag also liable for violation of the Migrant Worker's Act
committed in large scale as it was committed
and wallet beside him and appeared to be texting
against 3 or more persons. (Bar Q & A in Criminal
using his smartphone. Nel took a golf club near
him and hit Fermin with it. Fermin shouted for
help, but Nel kept hitting him until he stopped
Q: Dora gave Elen several pieces of jewelry for
making noise. The noise alerted the neighbor
sale on commission basis. They agreed that Elen
who called the police. Nel, Ben, Ardo and Gorio
would remit the proceeds of the sale and return
were caught. Fermin died. What is the criminal
the unsold items to Dora within sixty days. The
liability of Nel, Ben, Ardo and Gorio? Explain.
period expired without Elen remitting the
(2015 BAR)
proceeds of the sale or returning the pieces of
jewelry. Dora demanded by phone that Elen turn
A: All the offenders are liable for the crime of
over the proceeds of the sale and return the
Robbery with Homicide. They are in conspiracy with
unsold pieces of jewelry. Elen promised to do so
each other in taking the property of Elgar and killing
the following day. El en still failed to make good
Fermin on occasion of Robbery. (Bar Q & A in
Criminal Law by Alejandria, 2023) on her promise but instead issued post-dated
checks. Thereafter, Dora made several more
Q: Dela convinced Nita to work in Taiwan, demands, the last of which was in writing, but
promising Nita that she would take care of the they were all unheeded. When the checks were
processing of the necessary documents. Dela deposited in Dora's bank account, the checks
collected P120,000.00 from Nita purportedly for were returned unpaid for Insufficient funds. Elen
the processing of her papers. Upon receipt of the was charged with estafa and violation of Batas
money, Nita was made to accomplish certain Pambansa Big. 22. Will the charges against Elen
forms and was told that she would be deployed prosper? Explain. (2015 BAR)
to Taiwan within one month. After one month,
Nita followed up on her application. Dela made

CRIMINAL LAW
A: Art. 315 par. 1 (b) of the RPC punishes Estafa (b) Assuming that instead of using the
through Misappropriation. To prove the foregoing money, Bruno turned over the wallet and
crime, the prosecution must establish the following its contents to the nearby police station,
elements: and it was the chief of police of that
station who appropriated the money for
1. the offender's receipt of money, goods, or his own benefit, what crime was
other personal property in trust, or on committed by the chief of police?
commission, or for administration, or under Explain.
any other obligation involving the duty to
deliver, or to return the same; A: The chief of police is liable for theft. Although he
2. misappropriation or conversion by the is not the one who found the property, he is
offender of the money or property received, considered as finder in fact since the property was
or denial of receipt of the money or property; surrendered to him by the actual finder. He
3. the misappropriation, conversion or denial is acquired the position occupied by the actual finder
to the prejudice of another; and assumed by voluntary substitution the
4. demand by the offended party that the obligation to surrender the property to the lawful
offender return the money or property owner.
received.
Alternative answer: The chief of police may be liable
The pieces of jewelry were received by Elen from for malversation for converting a public property to
Dora, an act which transferred the juridical his personal use and benefit. When the money was
possession of the former. To have juridical received by the chief of police in his official capacity,
possession means possession which gives the the money became a public property/fund. (Bar Q &
transferee a right over the thing which the A in Criminal Law by Alejandria, 2023)
transferee may set up against the owner. Generally,
demand for the return of the thing delivered in trust Q: Madam X, a bank teller, received from
is necessary before an accused is convicted of depositor Madam Y a check payable to cash in
Estafa. However, if there is an agreed period for the
the amount of P1 million, to be deposited to the
return of the thing received in trust and the accused
account of Madam Y. Because the check was not
failed to return it within the agreed period, demand
a crossed check, Madam X credited the amount
is unnecessary. Failure to return the thing within
to the account of her good friend, Madam W, by
the agreed period consummates the crime of Estafa,
accomplishing a deposit slip. Seven (7) days
i.e., the misappropriation of the thing received in
trust. In this case, Dora and Elen agreed on a after, Madam X contacted her good friend,
period, within 60 days, for the delivery of the Madam W and told her that the amount of P1
proceeds of the sale and return of the unsold items million was wrongfully credited to Madam W,
to Dora. Elen's failure to return within 60 days is a thus, Madam X urged Madam W to withdraw the
presumption of misappropriation of the jewelry. amount of P1 million from her account and to
Thus, there would be no more need to present any turn over the same to Madam X. As a dutiful
act of misappropriation. (Bar Q & A in Criminal Law friend, Madam W readily acceded. She was gifted
by Alejandria, 2023) by Madam X with an expensive Hermes bag after
the withdrawal of the amount. What crime/s, if
Q: Bruno, a taxi driver, had an indebtedness in any, did Madam X and Madam W commit?
the sum of P10,000.00 which would become due Explain. (2014 BAR)
in one week. He was starting to worry because he
still had not raised the amount to pay for his A: Madam X is liable for Qualified Theft for taking
debt. Every day, he had prayed for divine the money of Madam Y and depositing the same to
intervention. One night, while returning the taxi another account. The possession of Madam X of the
to the garage, he found a wallet on the back seat. money is only material or physical possession and
Inspecting it, he learned that it contained thus the taking of the same without the consent of
exactly P10,000.00 cash, the amount of his the owner constitutes the crime of Theft. The taking,
obligation, and IDs. Thinking it was divine being committed with abuse of confidence makes it
intervention, and that his prayers were qualified.
answered, he took the money and used it to pay
Madam W is likewise liable as an accessory of the
his debt. (2015 BAR)
crime committed by Madam X after profiting from
the crime. (Bar Q & A in Criminal Law by Alejandria,
(a) What crime, if any, did Bruno commit?
2023)
Explain.
Q: Mr. Benjie is the owner of a hardware store
A: Bruno committed the crime of theft. The owner is
specializing in the sale of plumbing materials.
known to Bruno because there are IDs found in the
On February 1, 2014, Mr. Ed, a friend and regular
wallet. Failure to deliver to the local authorities or
customer of Mr. Benjie visited the hardware
to its owner the lost property which he found
constitutes theft under Art. 308 of the Revised Penal store and purchased several plumbing materials
Code. (Bar Q & A in Criminal Law by Alejandria, in the total amount of 115 million. Mr. Benjie
2023) readily accepted Mr. Ed's payment of three (3)
postdated checks in the amount of Pl million
Pesos each in view of the assurance of Mr. Ed

CRIMINAL LAW
that the checks will be honored upon A: Manolo is liable for Trespassing for entering the
presentment for payment. Mr. Benjie, as a house of Tonio without the latter's consent. The
consequence, immediately delivered the crime of Robbery or Theft cannot be committed
materials to the house of Mr. Ed. The following because of the absence of intent to gain.
day, Mr. Ed went back to Mr. Benjie to tender
another two (2) postdated checks in the amount Q: Clepto went alone to a high-end busy shop and
of P1 million each to complete the payment, decided to take one of the smaller purses
with the same assurance that the checks will be without paying for It. Overcame by conscience,
honored upon presentment for payment. When she decided to leave her own purse in place of
the checks were presented for payment, all were the one she took. Her act was discovered and
dishonored for insufficiency of funds and Clepto was charged with theft. She claimed that
corresponding notices of dishonor were sent and there was no theft, as the store suffered no
received by Mr. Ed. One month after receipt of injury or prejudice because she had left a purse
the notices of dishonor, Mr. Ed failed to make in place of the one she took. Comment on her
good the checks. Thereafter, Mr. Benjie filed defense. (2014 BAR)
before the public prosecutor's office a complaint
against Mr. Ed, although no demand letter was A: The defense is untenable. Injury or prejudice is
earlier sent to Mr. Ed. an element of the crime of theft. The taking of a
personal property belonging to another person
During the preliminary investigation, Mr. Benjie without the latter's consent with intent to gain gives
rise to the crime of Theft.
accepted several amounts from Mr. Ed as partial
payments. The wife of Mr. Benjie protested and
Q: Mr. Gray opened a savings account with Bank
insisted that the complaint should continue
A with an initial deposit of P50,000.00. A few
despite the partial payments. On the other hand,
days later, he deposited a check for P200,000.00
Mr. Ed counters that no demand letter was
drawn from Bank B and endorsed by Mr. White.
earlier sent to him, that the obligation is merely
Ten days later, Mr. Gray withdrew the
civil in character and that novation took place
P200,000.00 from his account. Mr. White later
when Mr. Benjie accepted the partial payments.
complained to Bank B when the amount of
Discuss the criminal liability, if any, of Mr. Ed.
P200,000.00 was later debited to his account, as
(2014 BAR)
he did not issue the check and his signature
A: The charges for violation of BP 22 shall proper as thereon was forged. Mr. Gray subsequently
there is showing that notices of dishonor were deposited another check signed by Mr. White for
previously sent and received by Mr. Ed. The case for P200,000.00, which amount he later withdrew.
estafa however will not proper as the checks issued Upon receiving the amount, Mr. Gray was
by Mr. Ed is not the consideration why Mr. Benjie arrested by agents of the National Bureau of
parted with his goods. Investigation (NBI).
Q: Manolo, an avid art collector, was invited to Mr. Gray was convicted of estafa and attempted
Tonio's house. There, Manolo noticed a nice estafa, both through the use of commercial
painting that exactly looked like the painting documents. (2014 BAR)
which he reported was stolen from him some
years back. Manolo confrontedTonio about the (a) Mr. Gray claims as defense that, except
painting, but Tonio denied any knowledge, for Mr. White's claim of forgery, there was
claiming that he bought the painting no evidence showing that he was the
legitimately from a friend. Manolo later proved author of the forgery and Mr. White did
to Tonio that the painting was indeed the stolen not suffer any injuries as to the second
painting. (2014 BAR) check ( attempted estafa). Rule on the
defense of Mr. Gray.
(a) What crime/s, if any, may Tonio be
charged with? A: The defense of Mr. Gray is untenable. The
presumption is he who holds the forged document
A: Tonio may be held liable for violation of Anti- is presumed to be the author of the forgery.
Fencing Law. Mere possession of a stolen property
which is a proceed or effect of the crime of Robbery (b) Mr. Gray claims that he was entrapped
or Thievery is prima facie evidence of the illegally because there was no showing
commission of the offense. Lack of knowledge is not that the second check was a forgery and,
a valid defense in the violation of a special law. (Bar therefore, his withdrawal based on the
Q & A in Criminal Law by Alejandria, 2023) second check was a legal act. Is Mr. Gray
correct?
(b) Manolo decided to take matters into his
own hands and, one night, broke into A: Since the first check is forged, such circumstance
Tonio's house by destroying the wall and justifies the entrapment of Mr. Gray since there is
taking the painting. What, if any, would already probable cause that the second check is also
be the liability of Manolo? forged. Moreover, even assuming that the
entrapment is illegal, it will not validate the
withdrawal based on the second check, which is

CRIMINAL LAW
also forged. The criminality in forging the second what crime, if any, would you charge Joan?
check is not affected by the alleged illegality of the Explain. (2010 BAR)
entrapment operation. (Bar Q & A in Criminal Law
by Alejandria, 2023) A: Joan is not criminally liable. Under Art. 332 of
the Revised Penal Code, spouses which includes
Q: Is the crime of theft susceptible of common law spouses are exempt from criminal
commission in the frustrated stage? Explain liability in the crimes of theft, estafa and malicious
your answer in relation to what produces the mischief.
crime of theft in Its consummated stage and by
way of illustration of the subjective and Q: The president, treasurer, and secretary of ABC
objective phases of the felony. (2012 BAR) Corporation were charged with syndicated estafa
under the following information:
A: There is no crime of Frustrated Theft and this is
well-settled in the case of Valenzuela v. People. In That on or about the 1st week of January 2010
that case, the SC held that unlawful or subsequent thereto in Cebu City and within
taking/Asportation, is the deprivation of the one's the jurisdiction of this Honorable Court, the
personal property, is also the element which above-named accused, conspiring and
produces Consummated Theft. This is deemed confederating together and all of them mutually
complete from the moment the offender gains helping and aiding one another. In a syndicated
possession of the thing belonging to another. manner, through a corporaHon registered with
Without asportation, there can only be attempted the Securities and Exchange Commission (SEC),
theft. That being the case, the crime of theft cannot with intention of carrying out the unlawful or
be committed in the frustrated stage. (Bar Q & A in
illegal act, transaction, enterprise or scheme,
with intent to gain and by means of fraud and
deceit, did then and there wilfully, unlawfully,
Q: A asked financial support from her showbiz
and feloniously defraud Virna, Lana, Deborah
friend B who accommodated her by issuing in
and several other persons by falsely or
her favor a postdated check in the sum of
fraudulently pretending or representing in a
P90,000.00. Both of them knew that the check
transaction or series of transactions, which they
would not be honored because B's account had
made with complainants and the public in
just been closed. The two then approached
general, to the effect that they were in a
trader C whom they asked to change the check
legitimate business of foreign exchange trading
with cash, even agreeing that the exchange be
successively or simultaneously operating under
discounted at P85,000.00 with the assurance
the name and style of ABC Corporation and DEF
that the check shall be funded upon maturity.
Management Philippines, Incorporated, Induced
Upon C's presentment of the check for payment
and succeeded in inducing complainants and
on due date, it was dishonored because the
several other persons to give and deliver to said
account had already been closed. What action/s
accused the amount of at least P20,000,000.00
may C commence against A and B to hold them
on the strength of said manifestations and
to account for the loss of her P85,000.00?
representations, the accused knowing fully well
Explain. (2010 BAR)
that the above-named corporations registered
with the SEC are not licensed nor authorized to
A: B shall be liable for violation of BP22 for drawing
engage in foreign exchange trading and that
a worthless check and with knowledge at the time
he issued the check that the account thereof is such manifestations and representations to
already closed. Her liability however is dependent on transact in foreign exchange were false and
showing that she received a notice of dishonor and fraudulent, that these resulted to the damage
failed to pay the value of the check or make and prejudice of the complainants and other
arrangement for payment thereof. persons, and that the defraudation pertains to
funds solicited from the public in general by
Although a simultaneous action for estafa is such corporations/associations. Will the case for
authorized by law for the issuance of a worthless syndicated estafa prosper? Explain. (2010 BAR)
check, under the given facts, the check was
discounted and thus issued in a credit transaction A: No, a case for syndicated estafa will not prosper
for pre-existing indebtedness. Criminal liability for because a syndicate for such crime under Pres.
estafa does not arise when a check has been issued Decree 1689 must be comprised of five (5) or more
in payment for a pre-existing debt. Hence, no estafa persons committing the estafa or other forms of
in the instant case. B incurs no criminal liability. swindling defined in Arts. 315 and 316 of the
(Bar Q & A in Criminal Law by Alejandria, 2023) Revised Penal Code. P.D. 1689. The said section
reads:
Q: Paul lives with his long-time girlfriend Joan
in a condominium in Makati. For more than a "Section 1. Any person or persons who shall commit
year, he has been secretly saving money in an estafa or other forms of swindling as defined in Arts.
envelope under their bed to buy her an 315 and 316 of the Revised Penal Code, as
engagement ring. One day, while Joan was amended, shall be punished by life imprisonment to
cleaning their room, she found the envelope, death if the swindling (estafa) is committed by a
took the money, and left Paul. As prosecutor, syndicate consisting of five or more persons formed
with the intention of carrying out the unlawful or

CRIMINAL LAW
illegal act, transaction, enterprise or scheme, and otherwise known as the Anti-Fencing Law, for
the defraudation results in the misappropriation of having been found in possession of recently
moneys contributed by stockholders, or members of stolen jewelry valued at P100,000.00 at her
rural banks, cooperative, "samahang nayon(s)", or jewelry shop. Her defense is that she merely
farmers' associations, or of funds solicited by bought the same from Antonia and produced a
corporations/associations from the general public." receipt covering the sale. She presented other
receipts given to her by Antonia representing
In essence, syndicated estafa is but the commission previous transactions. Convicted of the charge,
of any kind of estafa under Article 315 of the RPC Ofelia appealed, arguing that her acquisition of
(or other forms of swindling under Article 316) with
the jewelries resulted from a legal transaction
two (2) additional conditions, namely:
and that the prosecution failed to prove that she
1. the estafa or swindling was perpetrated by a
knew or should have known that the pieces of
"syndicate"; and
jewelry which she bought from Antonia were
2. the estafa or swindling resulted in the
proceeds of the crime of theft. (2016 BAR)
''misappropriation of money contributed by
stockholders, or members of rural banks,
cooperative, samahang nayon(s), or farmers (a) What is a "fence" under P.D. 1612?
association, or of funds solicited by
corporations/associations from the general A: "Fencing" is the act of any person who, with intent
public. (Remo vs. Devanadera, GR. 192925, to gain for himself or for another, shall buy, receive,
9 December 2016) possess, keep, acquire, conceal, sell or dispose of, or
shall buy and sell, or in any other manner deal in
Q: Christopher, John, Richard, and Luke are any article, item, object or anything of value which
he knows, or should be known to him, to have been
fraternity brothers. To protect themselves from
derived from the proceeds of the crime of robbery or
rival fraternities, they all carry guns wherever
theft. (Bar Q & A in Criminal Law by Alejandria,
they go. One night, after attending a party, they
2023)
boarded a taxicab, held the driver at gunpoint
and took the latter's earnings. (2010 BAR)
(b) Is Ofelia liable under the Anti-Fencing
Law? Explain.
(a) What crime, if any, did the four commit?
Enumerate the elements of the crime. A: No. Ofelia is not liable under the Anti-Fencing
Law. While under the said law mere possession of
A: The crime committed is robbery by a band since any good, article, item, object, or anything of value
there were four (4) offenders acting in concert in which has been the subject of robbery or thievery
committing the robbery and all the four were armed. shall be prima facie evidence of fencing, such
The elements of this crime are: evidence when sufficiently overturned constitutes a
1. Unlawful taking of personal property defense. In this case, Ofelia's defense that she
belonging to another (the earnings of the merely acquired the jewelries through a legitimate
taxi-driver); transaction is sufficient. Further, there is no other
2. Intent to gain in the taking; circumstance as regards the jewelries which would
3. Violence against or intimidation of person or indicate to Ofelia, an innocent purchaser, that the
force upon things was employed in the jewelries were the subject of theft. There was even a
taking; and receipt produced by Ofelia for the transaction. (Bar
4. There were more than three armed Q & A in Criminal Law by Alejandria, 2023)
malefactors taking part in the commission of
the robbery (Art. 296 in relation to Art. 294,
Q: Roberto bought a Toyota Fortuner from Inigo
RPC)
for P500,000. While driving his newly-bought
car, Roberto met a minor accident that made the
(b) Would your answer be the same if they
examination of his vehicle's Registration
killed the driver? Explain.
Certificate necessary. When the policeman
checked the plate, chassis and motor numbers of
A: All of them shall be liable for Robbery with
the vehicle against those reflected in the
Homicide. When crime is committed by a band, it
shall be an aggravating circumstance. (Bar Q & A in Registration Certificate, he found the chassis
Criminal Law by Alejandria, 2023) and motor numbers to be different from what the
Registration Certificate stated. The Deed of Sale
1. ANTI-FENCING LAW (PD 1612) covering the sale of the Fortuner, signed by
Inigo, also bore the same chassis and motor
A) FENCING numbers as Roberto's Registration Certificate.
The chassis and motor numbers on the Fortuner
(1) DEFINITION [SEC. 2]
were found, upon verification with the Land
(2) PRESUMPTION OF FENCING [SEC. 5] Transportation Office, to correspond to a vehicle
previously reported as carnapped.
B) EXCEPTION
Roberto claimed that he was in good faith; Inigo
(1) WITH CLEARANCE OR PERMIT TO SELL [SEC. 6]
sold him a carnapped vehicle and he did not
Q: Ofelia, engaged in the purchase and sale of know that he was buying a carnapped vehicle.
jewelry, was charged with violation of P.D. 1612,

CRIMINAL LAW
If you were the prosecutor, would you or would lovers in the chest, but they survived. Rafa
you not charge Roberto with a crime? (2013 charged Rachel and Rocco with adultery, while
BAR) Rachel and Rocco charged Rafa with frustrated
parricide and frustrated homicide. In the
A: Roberto may be liable for violation of Anti-Fencing adultery case, Rachel and Rocco raised the
for buying the vehicle which is a subject of thievery. defense that Rafa and Rachel, prior to the
P.D. No. 1612 is a special law where good faith is incident in question, executed a notarized
not a defense. Buying less than the actual amount document whereby they agreed to live separately
of an item creates a presumption that he knows the and allowed each of them to get a new partner
item to be a subject of Robbery or thievery. Mere and live with anyone of their choice as husband
possession of the thing stolen is prima facie and wife. This document was executed after
evidence of violation of the said special law. Rachel discovered that Rafa was cohabiting with
another woman. Thus, they also raised the
Q: Arlene is engaged in the buy and sell of used
defense of in pari delicto. In the frustrated
garments, more popularly known as "ukay-ukay."
parricide and frustrated homicide cases, Rafa
Among the items found by the police in a raid of
raised the defense that, having caught them in
her store in Baguio City were brand-new Louie
flagrante delicto, he has no criminal liability.
Feraud blazers. Arlene was charged with
(2018 BAR)
"fencing." Will the charge prosper? Why or why
not? (2010 BAR) Assuming that all defenses have been proven:
A: No, Arlene is not liable for Anti-fencing because

(a) Will the action for adultery prosper?
there is no showing that the items are proceeds or
subjects of the crime of Robbery or theft. Under P.D.
A: The action for adultery will prosper. Adultery is
No. 1612, mere possession of any item which is a
committed by any married woman who shall have
proceed of the crime of Robbery of Theft shall be
sexual intercourse with a man not her husband and
liable for violating the said act.
by the man who has carnal knowledge of her
knowing her to be married, even if the marriage be
K. CRIMES AGAINST CHASTITY (ARTS. 333-334, subsequently declared void. (Art. 333 of RPC) The
336-346) document executed by Rafa and Rachel is void since
in pari delicto is not applicable in criminal cases.
1. ANTI-PHOTO AND VIDEO VOYEURISM ACT OF (Bar Q & A in Criminal Law by Alejandria, 2023)
2009 (RA 9995)
(b) Will the actions for frustrated parricide
and frustrated homicide prosper?
B) PROHIBITED ACTS [SEC. 4]
A: No, Rafa can invoke Art. 247 of the RPC since he
Q: Mr. O, a 75-year-old retiree who has been a caught his wife, Rachel, in the act of having sexual
widower for the last ten (10) years, believed that, intercourse with another person in the maid's room
at past 70, he is licensed to engage In voyeurism of their own house.
to satisfy his lustful desires. If not peeping into
his neighbors' room through his powerful single- Death or physical injuries inflicted under
cylinder telescope, he would trail young, shapely exceptional circumstances is committed by any
girls along the hallways and corridors of legally married person who having surprised his
shopping malls, while going up the escalator, he spouse in the act of committing sexual intercourse
with another person, shall kill any of them or both
stayed a step behind a mini-skirted, 20-year-old
of them in the act or immediately thereafter, or shall
girl, and in the heat of the moment, put his hand
inflict upon them any serious physical injury, shall
on her left buttock and massaged it. The girl
suffer the penalty of destierro.
screamed and hollered for help. Mr. O was thus
apprehended and charged with Acts of
Q: Maita was the object of Solito's avid sexual
Lasciviousness under Article 336 of the Revised
desires. Solito had attempted many times to
Penal Code. Mr. O's counsel, however, claimed
entice Maita to a date in bed with him but Maita
that Mr. O should only be charged with the crime
had consistently refused. Fed up with all her
of Unjust Vexation. Is the contention of Mr. O's
rejections, Solito abducted Maita around 7 p.m.
counsel tenable? Explain. (2019 BAR)
one night. With his cohorts, Solito forced Maita
into a Toyota lnnova and drove off with her to a
A: The counsel of Mr. O is correct. O may be held
green-painted house situated in a desolate part
liable for unjust vexation only as his acts do not
of the town. There, Solito succeeded in having
clearly show lewd design but since it caused
annoyance and irritation to the offended party, he carnal knowledge of Maita against her will.
may be criminally liable for unjust vexation which
is a crime of last resort. (Bar Q & A in Criminal Law Meanwhile, the police authorities were tipped off
by Alejandria, 2023) that at 11 :30 p.m. on that same night Solito
would be selling marijuana outside the green-
Q: Rafa caught his wife, Rachel, in the act of painted house. Acting on the tip, the PNP station
having sexual intercourse with Rocco in the of the town formed a buy-bust team with PO2
maid's room of their own house. Rafa shot both Masahol being designated the poseur buyer.

CRIMINAL LAW
During the buy-bust operation, Solito opened the
trunk of the Toyota lnnova to retrieve the bag of A: Guapo and Pogi are liable for Forcible Abduction
marijuana to be sold to PO2 Masahol. To cut the with rape. The taking of Pretty to another place
laces that he had tied the bag with, Solito took without her consent and with lewd design
out a Swiss knife, but his doing so prompted PO2 constitutes the crime of Forcible Abduction. The
Masahol to effect his immediate arrest out of subsequent commission of the crime of Rape is to
fear that he would attack him with the knife. be complexed with the crime of Forcible Abduction
PO2 Masahol then confiscated the bag of with rape. (Bar Q & A in Criminal Law by Alejandria,
2023)
marijuana as well as the Toyota lnnova. (2017
BAR)
(b) Pretty, after the ordeal, decided to take
her own life by hanging herself one hour
(a) Two informations were filed against
after the rape. Would Guapo and Pogi be
Solito in the RTC-one for forcible
liable for Pretty's death?
abduction with rape, raffled to Branch 8
of the RTC; the other for illegal sale of
A: No, the subsequent death of Pretty by taking her
drugs, assigned to Branch 29 of the RTC.
own life will only increase the civil liability of Guapo
Was Solito charged with the proper
and Pogi.
offenses based on the circumstances?
Explain your answer.
Q: A widower of ten years, septuagenarian
Canuto felt that he had license to engage in
A: Solito is liable for the crime of Rape since there is
voyeurism. If not peeping into his neighbors'
showing that the intention of Solito in taking Maita
rooms through his powerful single-cylinder
is to have sexual intercourse with her. Solito should
telescope, he would trail young, shapely damsels
also have been charged with illegal possession of
along the hallways of shopping malls. While
Marijuana as there was no illegal sale that
transpired between him and PO2 Masahol. (Bar Q & going up the escalator, he stayed a step behind a
A in Criminal Law by Alejandria, 2023) miniskirted one, and in a moment of excitement,
put his hand on her left hip and massaged it. The
(b) While the Prosecution was presenting its damsel screamed and hollered for help. Canuto
evidence in Branch 29, Branch 8 was apprehended and brought up on inquest.
convicted Solito. Immediately after the What charge/s, if any, may he be held
judgment of conviction was promulgated, responsible for? Explain. (2010 BAR)
Solito filed in both Branches a motion for
the release of the Toyota lnnova. He A: Canuto may be held liable only for the crime of
argued and proved that he had only unjust vexation. The act committed by Canuto is to
be considered as his past time due to old age and
borrowed the vehicle from his brother,
cannot be regarded to be with lewd design to
the registered owner. Branch 8 granted
constitute it as Acts of Lasciviousness. His act
the motion but Branch 29 denied it. Were
however caused annoyance to the victim. (Bar Q &
the two courts correct in their rulings?
A in Criminal Law by Alejandria, 2023)
Explain your answer.
Q: Suspecting that her husband of twenty years
was having an affair, Leilanie hired a private
A: Branch 8 is correct in granting the motion to
investigator to spy on him. After two weeks, the
release the vehicle as the case was already decided.
private investigator showed Leilanie a video of
With respect to the resolution made by Branch 29,
her husband having sexual intercourse with
the denial of the motion is likewise correct since the
lawful owner of the vehicle is the brother of the another woman in a room of a five-star hotel.
accused. Hence, the motion to release should have Based on what she saw on the video, Leilanie
been filed by the brother of Solito, the registered accused her husband of concubinage. Will the
owner. (Bar Q & A in Criminal Law by Alejandria, case of concubinage prosper? Explain. (2010
2023) BAR)
Q: Pretty was a campus beauty queen who, A: No, sexual intercourse committed by the
because of her looks and charms, attracted many husband must be in a scandalous manner. Since
suitors. Having decided that she would become a the act committed by her husband was done in a
nun, Pretty turned down all her suitors. Guapo, room of a five-star hotel, it cannot be said to be
one of her most persistent suitors, could not scandalous. (Bar Q & A in Criminal Law by
Alejandria, 2023)
handle rejection and one night, decided to
accost Pretty as she walked home. Together with
Pogi, Guapo forced Pretty into his car and drove
her to an abandoned warehouse where he and
Pogi forced Pretty to dance for them. Later, the
two took turns in raping her. After satisfying
their lusts, Guapo and Pogi dropped her off at her
house. (2014 BAR)
(a) What crime or crimes did Guapo and Pogi

commit?

CRIMINAL LAW
under R.A. No. 7610 by establishing the essential
2. SPECIAL PROTECTION OF CHILDREN AGAINST facts above. It need not prove that the acts of child
CHILD ABUSE, EXPLOITATION, AND abuse, child cruelty and child exploitation have
DISCRIMINATION ACT (RA 7610, AS AMENDED)
resulted in the prejudice of the child because an act
A) CHILD PROSTITUTION AND OTHER ACTS OF prejudicial to the development of the child is
ABUSE [SEC. 5, RA 7610, AS AMENDED BY RA different from the former acts. (Patulot vs. People,
11648] G.R. No. 23507, 7 January 2019) Here, the offenders
cannot invoke that their acts are merely imposition
(1) COMPARE PROSECUTION FOR ACTS OF of parental discipline as the acts are excessive and
LASCIVIOUSNESS UNDER ART. 366, RPC, AND RA
abusive. Hence, the parents may be liable for
7610, AS AMENDED
violation of R.A. No. 7610.
Q: Joben, a school principal, called high school
students Paula and Gina, both 15 years old, to
L. CRIMES AGAINST THE CIVIL STATUS OF
the faculty room regarding the sexual text PERSONS (ARTS. 347-352)
message circulating around campus which made
reference to Joben's daughter. In front of Q: The head of a big company's human resources
teachers and some students, Joben shouted at division copied and shared an employee's
Paula and Gina, asking them who sent the said physical and email address, birth date, civil
text message. Joben also threatened to sue them status, and some photos with a friend who found
and said: "Siguro naiinggit kayo sa anak ko kasl the employee attractive. Did the head of the
maganda sya, matalino at mayaman. Sablhin nyo human resources division commit a crime?
kasi so mga magulang nyo magsumikap silo para Explain briefly. (2021 BAR)
maging mayaman din kayo. Di yung tatamad-
tamad." Joben then raised her middle finger in A: Yes, the head of the human resources division is
front of Paula and Gina, saying "Mga burikat liable for violation of Data Privacy Act.
(whore}!" Later that day, Paula and Gina narrated
the incident to their parents and said that they Under the Data Privacy Act, a personal information
were ashamed of going back to school. Is Joben controller is prohibited from disclosing sensitive
guilty of violating Section 10( a} of Republic Act personal information without the consent of the
No. 7610 for other acts of child abuse? Explain data subject.
briefly. (2022 BAR)
Here, the personal information relates to the
A: No, Joben is not liable for violation of R.A. No. employee's address, civil status, birthdate and
7610. In Escolano v. People, which involved facts photo which are certainly considered sensitive
similar to the instant case, the Court held that the personal information. As can be gleaned from the
mere shouting of invectives at a child, when facts, the said personal information was disclosed
carelessly done out of anger, frustration, or by the head of the human resources division, a
annoyance, does not constitute Child Abuse under personal information controller, without the
Sec. 10(a) of R.A. No. 7610 absent evidence that the consent of the employee. Hence, the head of the
utterance of such words were specifically intended human resources division committed unauthorized
to debase, degrade, or demean the victim's intrinsic disclosure of sensitive personal information in
worth and dignity. In simple terms, there was a violation of Data Privacy Act. (Bar Q & A in Criminal
failure to establish the specific intent to debase, Law by Alejandria, 2023)
degrade or demean required in child abuse cases
punished under Sec. 10(a) in relation to Sec. 3(b)(2) Q: What are the elements of the crime of
of R.A. No. 7610. (Brinas vs. People, G.R. No. bigamy? (2012 BAR)
254005, 23 June 2021)
A: The elements of bigamy are (1) the offender has
Q: To motivate their eight-year-old daughter to been legally married; (2) the first marriage has not
study well and have a better future, her parents been legally dissolved; (3) the offender contracts a
resorted to making her kneel on rice spread on subsequent marriage; (4) the subsequent marriage
the floor, spanking her with a bamboo stick, or would have been valid had it not been for the
requiring her to stand in the rain for hours if her existence of the first.
grades fell below 80 in any subject. Did the
Q: If you were the judge in a bigamy case where
parents commit a crime? Explain briefly. (2021
the defense was able to prove that the first
BAR)
marriage was null and void or a nullity, would
A: Yes, the parents are liable for Child Abuse under you render a judgment of conviction or
R.A. No. 7610 acquittal? Explain your answer. (2012 BAR)
R.A. No. 7610 punishes; (a) child abuse, (b) child A: Conviction is proper. As long as the previous
cruelty, (c) child exploitation and (d) being marriage was not lawfully dissolved or judicially
responsible for conditions prejudicial to the child's declared null and void, the offender, by contracting
development. a subsequent marriage, is guilty of bigamy. Proof
that the first marriage is null and void is immaterial.
When a child is subjected to physical abuse or (Bar Q & A in Criminal Law by Alejandria, 2023)
injury, the person responsible can be held liable

CRIMINAL LAW
Q: Raissa and Martin are married to each other Q: Mr. L is a newspaper reporter who writes
but had been separated for the last 􀎞ve years. about news items concerning the judiciary. Mr.
Raissa decided to wed Juan, her suitor. Who had L believed that members of the judiciary can be
no inkling that she was married. Raissa and Juan criticized and exposed for the prohibited acts
accomplished an application for marriage license that they commit by virtue of the public nature
which they subscribed and swore to before the of their offices. Upon receiving numerous
Local Civil Registrar. Raissa declared, in the complaints from private citizens, Mr. L released
application, that she is single. The marriage a scathing newspaper expose involving Judge G
licensed was issued. In due time, the couple were and his alleged acts constituting graft and
married by the mayor. Raissa and Juan had their corruption. Consequently, Mr. L was charged
first sexual intercourse later in the evening. with the crime of Libel.
What crime or crimes, if any, did Raissa
commit? Explain briefly. (2008 BAR) In response, Mr. L contended that truth is a valid
defense in Libel and in this relation, claimed
A: Raissa committed bigamy for contracting a that he was only exposing the truth regarding
second marriage while her first marriage is still Judge G's misdeeds. Further, Mr. L contended
subsisting (Art. 349, RPC). She is also guilty of that in any event, his expose on Judge G is based
perjury for making untruthful statements under on the complaints he received from private
oath or executing an affidavit upon a material citizens, and as such, should be deemed as a
matter, when she declared she was not married in mere fair commentary on a matter of public
the application for marriage license a public interest. (2019 BAR)
document (Art. 171, RPC). Lastly, she is also guilty
of adultery (Art. 333, RPC) for having sexual
(a) Are the contentions of Mr. L tenable?
intercourse with Juan, although she is a married
Explain.
woman.
A: Mr. L is correct. The statement made by Mr. L is
a qualified privilege communication. In the absence
M. CRIMES AGAINST HONOR (ARTS. 353-364)
of malice, the statement made is not libelous. (Bar
1. CYBERCRIME PREVENTION ACT OF 2012 (RA Q & A in Criminal Law by Alejandria, 2023)
10175)
(b) What is the effect on the criminal liability
A) LIBEL [SEC. 4 (C)(4)] of an accused if he or she publishes a
libelous article on an online news
Q: During the 2022 national elections, Bern platform? Explain.
posted on her Facebook page a statement that
Alfredo, an incumbent mayor vying for re- A: Since the libelous statement was made through
election, has a pending corruption case with the the use of the internet, the offender shall be liable
Sandiganbayan for pocketing Php20,000,000.00 for Cyber Crime Act and the offender thereof shall
of public funds under his custody. Czarina, be punished one degree higher from the penalty
Bern's friend, saw the post and commented provided in the RPC. (Bar Q & A in Criminal Law by
online, stating: "Bhie, true yon. Alfredo Is so Alejandria, 2023)
corrupt. Marami ding binabahay yon. Sugarol
pa!" Donnabel, also Bern's friend, reacted to Q: A is the president of the corporate publisher
Bern's post by clicking the "like" button. Another of the daily tabloid, Bulgar; B is the managing
person, Justine, who is a stranger to Bern and editor; and C is the author /writer. In his
her friends, but who claims to be a crusader for column, Direct Hit, C wrote about X, the head
good governance, came across the said post. examiner of the BIR-RDO Manila as follows:
Finding it relevant to her advocacy and crusade, "ltong si X ay talagang BUWAYA kaya ang logo ng
Justine shared the link to Bern's post on her Lacoste T-shirt niya ay napaka suwapang na
Twitter account. Who among Bern, Czarina, buwaya. Ang nickname niya ay si Atty. Buwaya.
Donnabel, and Justine, if any, are liable for the Ang PR niya ay 90% sa bayad ng taxpayer at ang
crime of Cyber Libel? Explain briefly. (2022 BAR) para sa RP ay 10% lang. Kaya ang baba ng
collection ng RDO niya. Masyadong magnanakaw
A: Only Bern shall be liable for Cyberlibel. si X at dapat tanggalin itong bundat na bundat
na buwaya na ito at napakalaki na ng kurakot."
Liking, sharing, or retweeting a libelous· post would
generally not be criminal in nature, and subject the A, B and C were charged with libel before the RTC
person liking, sharing or retweeting to liability for of Manila. The three (3) defendants argued that
the crime of cyber libel. (Disini, et al., vs. Secretary the article is within the ambit of qualified
of Justice, G.R. No. 203335, 11 February 2014) privileged communication; that there is no
Under the legal maxim, NULLUM CRIMEN NULLA malice in law and in fact; and, that defamatory
POENA SINE LEGE, if there is no law punishing
comments on the acts of public officials which
such an act, and in the absence of legislation
are related to the discharge of their official
expressly prohibiting such activity, there could be
duties do not constitute libel. Was the crime of
no crime.
libel committed? If so, are A, B, and C all liable
for the crime? Explain. (2016 BAR)

CRIMINAL LAW
the jeepney was on. With the Virgen Bus
A: Libel is committed. The report made by C traveling at a high speed, Raphael tried to avoid
describing a lawyer in the Bureau of Customs as the collision but failed. The bus hit the jeepney
corrupt cannot be considered as "fair" and "true" which resulted in Raphael's death, serious
since he did not do research before making his physical injuries to Lucy and Mary, and
extensive damage to the jeepney amounting to
allegations, and it has been shown that these
Php 500,000.00. The public prosecutor filed two
allegations were baseless. The articles are not "fair Informations charging Kiko for two separate
and true reports," but merely wild accusations. He offenses: (i) Reckless Imprudence resulting in
has written and published the subject articles with Serious Physical Injuries for the injuries suffered
reckless disregard of whether the same were false or by the passengers; and (ii) Reckless Imprudence
not (Erwin Tulfo v. People, G.R. No. 161032, 16 resulting in Homicide and Damage to Property
September 2008). A, president of the publishing for Raphael's death and the damage to the
company, B, managing editor, and C, writer of the jeepney. Is the public prosecutor correct?
defamatory articles, are all liable for libel. Under Art. Explain briefly. (2022 BAR)
360 of the RPC, the publisher, and editor of
A: The charges are not correct.
newspaper, shall be responsible for the defamations
contained therein to the same extent. The law Kiko should be charged with a complex crime of
makes the publisher and editor liable for libel as if Reckless Imprudence resulting to Homicide with
they were the author. Serious Physical Injuries and Damage to Property
under Article 365 in relation to Article 263 of the
Q: In her weekly gossip column in a tabloid, Gigi RPC.
wrote an unflattering article about Pablo, a
famous singer, and his bitter separation from his Article 48 of the RPC provides that when a single act
wife. The article portrayed Pablo as an abusive constitutes two or more grave or less grave felonies,
husband and caused him to lose lucrative or when an offense is a necessary means for
endorsement contracts. Pablo charged Gigi with committing the other, the penalty for the most
libel. In her defense, Gigi countered that she did serious crime, in this case, Reckless Imprudence
not commit libel because Pablo has attained the Resulting to Homicide, shall be imposed, the same
status of a public figure so that even his personal to be applied in its maximum period.
life has become a legitimate subject of public
interest and comment. Is Gigi correct? (2013 If a reckless, imprudent or negligent act results in
BAR) two or more grave or less grave felonies, a complex
crime is committed. Applying Article 48, it follows
A: The contention of Gigi is not correct. A public that if one offense is light, there is no complex crime.
figure can also be an offended party if it can be The resulting offenses may be treated as separate or
shown that the statement is made by one who acted the light felony may be absorbed by the grave felony.
without good motives and justifiable end. The article Thus, the light felonies of damage to property and
showing that Paolo is an abusive husband caused slight physical injuries, both resulting from a single
him damage such as losing his endorsement act of imprudence, do not constitute a complex
contracts. (Bar Q & A in Criminal Law by Alejandria, crime. They cannot be charged with one
2023) information. They are separate offenses subject to
distinct penalties. Where the single act of
Q: Angelina maintains a website where visitors imprudence resulted in double less serious physical
can give their comments on the posted pictures injuries, damage to property amounting to P10,000
of the goods she sells in her exclusive boutique. and slight physical injuries, there is separate
Bettina posted a comment that the red Birkin complaint for the slight physical injuries and
another complaint for the lesiones menos graves and
bag shown in Angelina’s website is fake and that
damage to property. (Reodica vs. CA, G.R. No.
Angelina is known to sell counterfeit items.
125066, 8 July 1998)
Angelina wants to file a case against Bettina. She
seeks your advice. What advice will you give her?
(2010 BAR) -------nothing follows-------
A: Bettina may be liable for Online-Libel under the

Cybercrime Act. The libelous statement she made
that may affect the business of Angelina was made
with the use of a computer system. (Bar Q & A in
N. CRIMINAL NEGLIGENCE (ARTICLE 365)
Q: On May 15, 2013 at around 3:00 a.m., Lucy,

Mary, and Raphael were on board a passenger
jeepney, with Raphael behind the wheel. They
were traversing the highway on the southbound
lane. Meanwhile, a Virgen Bus, driven by Kiko,
was traveling along the northbound lane. Kiko
overtook the vehicle in front of him, which
caused him to occupy the opposite lane where

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DISCLAIMER

This work was completed through the combined efforts

This syllabus-based previous bar questions reviewer is

The editors do not take credit nor claim as their own

This reviewer is intended for use ONLY by members of

Risk of use shall be borne exclusively by the user.

A. GENERAL PRINCIPLES Q: Tonito, an 8-year-old boy, was watching a free

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1. CRIMINAL LIABILITIES AND FELONIES

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In this case, were it not for the arrival of the police

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Robbie cannot be considered a recidivist. A

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Q: What is a privileged mitigating circumstance? Aggravating circumstances of age, dwelling and

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(a) Did Gabriel commit a crime? Explain.

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(b) Does he incur criminal and/or civil A) PRINCIPALS, ACCOMPLICES, AND

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(a) What, if any, are the respective liabilities

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Q: Immediately after murdering Bob, Jake went

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Section 3(b) of R.A. No. 3019, punished any public

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(1) RECIDIVISM Q: Distinguish habitual delinquency from

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(a) Can he be held liable for the charge? 4. APPLICATION

A: If Domeng is a principal by indispensable A: No, Subsidiary Penalty is applicable only to fines

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5. GRADUATION OF PENALTIES A: An accused who was convicted in the lower court

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(a) Under the Revised Penal Code, when does

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E. CRIMES RELATIVE TO OPIUM AND OTHER

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A: The Sandiganbayan is not correct in convicting

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