CRIM LAW RANDOM BAR QUESTIONS Flashcards by Elma Dulnuan

The brothers Roberto and Ricardo Ratute, both Filipino citizens, led a group of armed men in seizing a southern island in the Philippines, and declaring war against the duly constituted government of the country. The Armed Forces of the Philippines (AFP), led by its Chief of Staff, General Riturban, responded and a full-scale war ensued between the AFP and the armed men led by the brothers. The armed conflict raged for months.

When the brothers-led armed men were running out of supplies, Ricalde, also a Filipino, and a good friend and supporter to the Ratute brothers, was tasked to leave for abroad to solicit arms and funding for the cash-strapped brothers. He was able to travel to Rwanda, and 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 to the Ratute brothers in order to aid them in their armed struggle against the Philippine government. Before Ricalde and Riboli could complete their fund-raising activities for the brothers, the AFP was able to reclaim- the island and defeat the Ratute-led uprising.

Ricalde and Riboli were charged with conspiracy to commit treason. During the hearing of the two cases, the government only presented as witness, General Riturban, who testified on the activities of the Ratute brothers, Ricalde, and Riboli.

Will the testimony of General Riturban, assuming he can testify on acts within his personal knowledge, be sufficient to convict the Ratute brothers, Ricalde, and Riboli? (2017 BAR)

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The inter-island vessel M/V Viva Lines I, while cruising off Batanes, was forced to seek shelter at the harbor of Kaoshiung, Taiwan because of a strong typhoon. While anchored in said harbor, Max, Baldo and Bogart arrived in a speedboat, fired a bazooka at the bow of the vessel, boarded it and divested the passengers of their money and jewelry. A passenger of M/V Viva Lines I, Dodong took advantage of the confusion to settle an old grudge with another passenger, and killed him. After their apprehension, all four were charged with qualified piracy before a Philippine court.

a. Was the charge of qualified piracy against the three person (Max, Badong and Bogart) who boarded the interisland vessel correct? Explain.

b. Was Dodong correctly charged before the Philippine court for qualified piracy? Explain. (2008 BAR)

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While SS Nagoya Maru was negotiating the sea route from Hongkong towards Manila, and while still 300 miles from Aparri, Cagayan, its engine malfunctioned. The Captain ordered the ship to stop for emergency repairs lasting for almost 15 hours. Due to exhaustion, the officers and crew fell asleep. While the ship was anchored, a motorboat manned by renegade Ybanags from Claveria, Cagayan, passed by and took advantage of the situation. They cut the ship’s engines and took away several heavy crates of electrical equipment and loaded them in their motorboat. Then they left hurriedly towards Aparri. At daybreak, the crew found that a robbery took place. They radioed the Aparri Port Authorites resulting in the apprehension of the culprits.

a. What crime was committed? Explain.
b. Supposing that while the robbery was taking place, the culprits stabbed a member of the crew while sleeping. What crime was committed? Explain. (2006 BAR)

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Major Menor, while patrolling Bago-Bago community in a police car with SP03 Caloy Itliong blew his whistle to stop a Nissan Sentra car which wrongly entered a one- way street. After demanding from Linda Lo Hua, the driver, her driver’s license, Menor asked her to follow them to the police precinct. Upon arriving there, he gave instructions to Itliong to guard Lo Hua in one of the rooms and not to let her out of sight until he returns; then got the car key from Lo Hua. In the meantime, the latter was not allowed to make any phone calls but was given food and access.

When Menor showed up after two days, he brought Lo Hua to a private house and told her that he would only release her and return
the car if she made arrangements for the delivery of P500,000.00 in a doctor’s bag at a certain place within the next twenty-four hours. When Menor went to the designated spot to pick up the bag of money, he suddenly found himself surrounded by several armed civilians who introduced themselves as NBI agents. What criminal offense has Menor committed? Explain. (1992 BAR)

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In his homily, Fr. Chris loudly denounced the many extrajudicial killings committed by the men in uniform. Policeman Stone, then attending the mass, was peeved by the denunciations of Fr. Chris. He immediately approached the priest during the homily, openly displayed his firearm tucked in his waist, and menacingly uttered at the priest: Father, may kalalagyan kayo kung hindi kayo tumigil. His brazenness terrified the priest, who cut short his homily then and there. The celebration of the mass was disrupted, and the congregation left the church in disgust over the actuations of Policeman Stone, a co-parishioner.

Policeman Stone was subsequently charged. The Office of the Provincial Prosecutor is now about to resolve the case, and is mulling on what to charge Policeman Stone with. May Policeman Stone be properly charged with either or both of the following crimes, or, if not, with what proper crime?

a. Interruption of religious worship as defined and punished under Art. 132 of the Revised Penal Code; and/or
b. Offending the religious feelings as defined and punished under Art. 133 of the Revised Penal Code. Explain.

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In the early morning of 25 October 1990, the troops of the Logistics Command (LOGCOM) of the AFP at Camp General Emilio Aguinaldo headed by their Operations Officer, Col. Rito Amparo, withdrew firearms and bullets and, per prior agreement, attacked, in separate teams, the offices of the Chief of Staff, the Secretary of National Defense, the Deputy Chief of Staff for Operations, the Deputy Chief of Staff for Intelligence and other offices, held hostage the Chief of Staff of LOGCOM and other officers, killed three (3) pro-Government soldiers, inverted the Philippine flag, barricaded all entrances and exits to the camp, and announced complete control of the camp. Because of the superiority of the pro-Government forces, Col. Amparo and his troops surrendered at 7:00 in the morning of that day.

Did Col. Amparo and his troops commit the crime of coup d’etat (Article 134-A, RPC) or of rebellion? (1991 BAR)

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Q: VC, JG, GG, and JJ conspired to overthrow the Philippine Government. VG was recognized as the titular head of the conspiracy. Several meetings were held and the plan was finalized. JJ, bothered by his conscience, confessed to Father Abraham that he, VG, JG and GG have conspired to overthrow the government. Father Abraham did not report this information to the proper authorities. Did Father Abraham commit a crime? If so, what crime was committed? What is his criminal liability? (1994 BAR)

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Distinguish rebellion from coup d’etat. (1991, 2004 BAR) – overt acts; purpose; participation

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Supposing a public-school teacher participated in a coup d’etat using an unlicensed firearm. What crime or crimes did he commit? (1998 BAR)

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A, B, C, D, and E were former soldiers who deserted their command in Mindanao. Jose and Pedro, two big landowners, called A, B, C, D, and E to a conference. Jose and Pedro proposed to these former soldiers that they recruit their comrades and organize a group of 100 for the purpose of challenging the government by force of arms in order to prevent the enforcement or implementation of the Land Reform Law in Cotabato Province. Jose and Pedro promised to finance the group and to buy firearms for the purpose. The former soldiers agreed. After Jose and Pedro left, A, the leader of the former soldiers, said that in the meanwhile he needed money to support his family. D suggested that they rob a bank and agreed to carry put the plan on the 15th day of the month. Unknown to all of them, as they were conferring with Jose and Pedro and as they were planning to rob the bank, Rosauro, a houseboy was within hearing distance.

On the pretext of buying cigarettes, Rosauro instead went directly to the Police and told them what transpired. All the former soldiers,
as well as Jose and Pedro, were arrested.

a. What crime, if any, did the former soldiers commit?
b. What about Jose and Pedro? (1987 BAR)

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What are the different acts of inciting to sedition? (2007 BAR)

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A, a teacher at Mapa High School, having gotten mad at X, one of his pupils, because of the latter’s throwing paper clips at his classmates, twisted his right ear. X went out of the classroom crying and proceeded home located at the back of the school. He reported to his parents, Y and Z, what A had done to him, Y and Z immediately proceeded to the school building and because they were running and talking in loud voices, they were seen by the barangay chairman, B, who followed them as he suspected that an untoward incident might happen. Upon seeing A inside the classroom, X pointed him out to his father, Y, who administered a fist blow on A, causing him to fall down. When Y was about to kick A, B rushed towards Y and pinned both of the latter’s arms. Seeing his father being held by B, X went near and punched B on the face, which caused him to lose his grip on Y. Throughout this incident, Z shouted words of encouragement at Y, her husband, and also threatened to slap A. Security guards of the school arrived, intervened and surrounded X, Y and Z so that they could be investigated in the principal’s office. Before leaving, Z passed near A and threw a small flower pot at him but it was deflected by B.
a. What, if any, are the respective criminal liability of X, Y and Z?
b. Would your answer be the same if B were a barangay tanod only? (2001 BAR)

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Ms. L, dean of a duly recognized private school, caught K, one of her students, vandalizing one of the school’s properties. Ms. L called K’s attention and proceeded to scold him, causing a crowd to gather around them. Embarrassed with the situation, K attacked Ms. L by repeatedly punching her on the face. Just as K was about to strike Ms. Lagain, J, another student, intervened. K then turned his anger on J and also hit him repeatedly, causing him physical injuries.

What crime/s did K commit under the Revised Penal Code for his acts against Ms. Land J? Explain. (2019 BAR)

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Dancio, a member of a drug syndicate, was a detention prisoner in the provincial jail of X Province. Brusco, another member of the syndicate, regularly visited Dancio. Edri, the guard in charge who had been receiving gifts from Brusco everytime he visited Dancio, became friendly with him and became relaxed in the inspection of his belongings during his jail visits. In one of Brusco’s visits, he was able to smuggle in a pistol which Dancio used to disarm the guards and destroy the padlock of the main gate of the jail, enabling Dancio to escape. What crime(s) did Dancio, Brusco and Edri commit? Explain. (2015 BAR)

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Is mere possession of false money bills punishable under Article 168 of the Revised Penal Code? (1999 BAR)

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M was forced by a policeman to sign a document entitled “Sinumpaang Salaysay” in which M implicated X as the brain behind the robbery of a bank where P500,000.00 were lost. The document was prepared by the policeman upon advice of B, the bank’s lawyer, who was present when the policeman asked M to sign the document. As M refused to sign it, the policeman held him by the neck and forced him to sign, which he did as he was afraid he might be bodily harmed.

During the hearing of the robbery before the Fiscal’s Office, B submitted the “Sinumpaang Salaysay” as evidence, on the basis of which X was included in the information filed by the Fiscal in court.

When M testified in court, he repudiated the document and told the court there was no truth to its contents as he was merely forced to sign it. Did lawyer B commit any crime when he used the “Sinumpaang Salaysay” as evidence?

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Jose Dee Kiam, a Chinese citizen born in Macao, having applied with a recruitment agency to work in Kuwait, went to Quezon City Hall to procure a Community Tax Certificate, formerly called Residence Certificate. He stated therein that his name is Leo Tiampuy, a Filipino citizen born in Binan, Laguna. As he paid for the Community Tax Certificate, Cecille Delicious, an employee in the office recognized him and reported to her boss that the information written in the Community Tax Certificate were all lies. Shortly thereafter, an information was filed against Dee Kiam alias Tiampuy
1. An information was filed against Dee Kiam. What crime, if any, may he be indicted for? Why
2. The accused move to quash the information on the ground that it did not allege that he had the obligation to disclose the truth in the Community Tax Certificate; that the same is a useless scrap of paper which one can buy even in the Quiapo underpass and that he had no intent of deceiving anybody. Would you grant the motion to quash? (1992 BAR)

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A falsified official or public document was found in the possession of the accused. No evidence was introduced to show that the accused was the author of the falsification. As a matter of fact, the trial court convicted the accused of falsification of official or public document mainly on the proposition that “the only person who could have made the erasures and the superimposition mentioned is the one who will be benefited by the alterations thus made” and that “he alone could have the motive for making such alterations”.

Was the conviction of the accused proper although the conviction was premised merely on the aforesaid ratiocination? Explain your answer. (1999 BAR)

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Pia, a bold actress living on top floor of a plush condominium in Makati City sunbathed naked at its penthouse every Sunday morning. She was unaware that the business executives holding office at the adjoining tall buildings reported to office every Sunday morning and, with the use of powerful binoculars, kept on gazing at her while she sunbathed. Eventually, her sunbathing became the talk of the town.

a. What crime, if any, did Pia commit? Explain.
b. What crime, if any, did the business
executives commit? Explain.

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Juan and Petra are officemates. Later, intimacy developed between them. One day, Juan sent to Petra a booklet contained in a pay envelope which was securely sealed. The booklet is unquestionably indecent and highly offensive to morals. Juan was thereafter charged under par. 3 of Art. 201 of
the Revised Penal Code, as amended by P.D.969, which provides that the penalty of prision mayor or a fine from P6,000 to P12,000, or both such imprisonment and fineshall be imposed upon those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to
morals. Is Juan guilty of the crime charged? Reasons. (1993 BAR)

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Ernani was accused of estafa. Unable to post a bail bond for his provisional liberty pending trial of his case, he was detained in the city jail. On the date of the hearing of the estafa case, Daniel, a policeman detailed in the city jail, escorted Ernani to the city hall for the trial. Daniel removed the handcuffs of Ernani and allowed him to sit on one of the chairs inside the courtroom. As Daniel was talking to a lawyer inside the courtroom, Ernani, with the help of a cigarette vendor, Meynardo, who used his cigarette container as cover, surreptitiously moved out of the room and escaped. Ernani and Meynardo went to the comfort room for a while, then went down the stairs and lost themselves in the crowd. What crime/s were committed by Ernani, Daniel and Meynardo? Give your
reasons. (1989 BAR)

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During a town fiesta, A, the chief of police, permitted B, a detention prisoner and his compadre, to leave the municipal jail and entertain visitors in his house from 10:00 am to 8:00 pm. B returned to the municipal jail at 8:30 pm. Was there any crime committed by A? (1997 BAR)

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During the presentation of the prosecution’s evidence, Reichter was called to the witness stand with the stated purpose that he would testify that his wife Rima had shot him in the stomach with a .38 caliber pistol, resulting in near fatal injuries. Upon
objection of the defense on the ground of the marital disqualification rule, the presiding judge (Judge Rossano) disallowed Reichter from testifying in the case. Its motion for reconsideration having been denied, the People of the Philippines went up on certiorari to the Court of Appeals (CA) questioning Judge Rossano’s ruling.

After due proceedings, the CA rendered judgment declaring Judge Rossano’s ruling void ab initio for having been made with grave abuse of discretion amounting to lack or excess of jurisdiction, and directing Judge Rossano to allow Reichter to testify in the criminal case for the stated purpose. This is based on the fact that the marital privilege rule does not apply where a spouse committed the crime against the other.

As the CA decision became final and executory, the criminal case before the RTC was calendared for trial. At the scheduled
trial, the prosecution called Reichter to the witness stand in order to testify on the same matter it earlier announced. The defense objected on the ground that the CA erred in its disposition of the certiorari case. Judge Rossano sustained the objection and again disallowed Reichter from testifying in the criminal case. Repeated pleas from the prosecution for Judge Rossano to reconsider his ruling and to allow Reichter to testify fell on deaf ears.

May Judge Rossano be convicted of a crime? If yes, what crime did he commit? (2018 BAR)

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Not arranged: Aldrich was dismissed from his job by his employer. Upon reaching home, his pregnant wife, Carmi, nagged him about money for her medicines. Depressed by his dismissal and angered by the nagging of his wife, Aldrich struck Carmi with his fist. She fell to the ground. As a result, she and her unborn baby
died. What crime was committed by Aldrich? (1994 BAR)

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Not arranged: After a heated argument over his philandering, Higino punched on the head his wife Aika, who was six and a half months pregnant. Because of the impact, Aika lost her balance, fell on the floor with her head hitting a hard object. Aika died and the child was expelled prematurely. After thirty-six hours,
the child died.

a. What crime(s) did Higino commit? Explain.
b. Assuming that when the incident occurred, Aika was only six months pregnant, and when she died, the fetus inside her womb also died, will your answer be different? Explain. (2015 BAR)

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Not arranged: Q: In 1975, Pedro, then a resident of Manila, abandoned his wife and their son, Ricky, who was then only three years old. Twenty years later, an affray took place in a bar in Olongapo City between Pedro and his companions, on one hand, and Ricky and his friends, upon the other, without the father and son knowing each other. Ricky stabbed and killed Pedro in the fight, only to find out, a week later, when his mother arrived from Manila to visit him in jail, that the man whom he killed was his own father.

a. What crime did Ricky commit?
b. Suppose Ricky knew before the killing that Pedro is his father, but he nevertheless killed him out of bitterness for having abandoned him and his mother, what crime did Ricky commit? Explain. (1996 BAR)

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Define malfeasance, misfeasance and nonfeasance. (2016 BAR)

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During a PNP buy-bust operation, Cao Shih was arrested for selling 20 grams of methamphetamine hydrochloride (shabu) to a poseur-buyer. Cao Shih, through an intermediary, paid Patrick, the Evidence Custodian of the PNP Forensic Chemistry Section, the amount of P500,000 in consideration for the destruction by Patrick of the drug. Patrick managed to destroy the drug.

State with reasons whether Patrick committed the following crimes:
a. Direct bribery
b. Indirect bribery
c. Section 3 (e) of R.A. 3019 (Anti-Graft and Corrupt Practices Act)
d. Obstruction of Justice under P.D. 1829 (2005 BAR)

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Commissioner Marian Torres of the Bureau of Internal Revenue (BIR) wrote solicitation letters addressed to the Filipino-Chinese
Chamber of Commerce and Industry and to certain CEOs of various multinational corporations requesting donations of gifts for her office Christmas party. She used the Bureau’s official stationery. The response was prompt and overwhelming so much so that Commissioner Torres’ office was overcrowded with rice cookers, radio sets, freezers, electric stoves and toasters. Her staff also received several envelopes containing
cash money for the employees’ Christmas luncheon. Has Commissioner Torres committed any impropriety or irregularity?

What laws or decrees did she violate? (2006 BAR)

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A, who is the private complainant in a murder case pending before a Regional Trial Court judge, gave a judge a Christmas gift, consisting of big basket of assorted canned goods and bottles of expensive wines, easily worth P10, 000.00. The judge accepted the gift knowing it came from A. What crime or crimes, if any, were committed? (1997, 1993 BAR)

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What is the crime of qualified bribery? May a judge be charged and prosecuted for such felony? How about a public prosecutor? A police officer? Explain

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One Sunday afternoon, Mr. X, President of ABC Corp., happened to bump into the Labor Arbiter assigned to the illegal dismissal case filed by certain employees against his company. During their encounter, Mr. X promised the Labor Arbiter a luxury car in exchange for a favorable ruling. The Labor Arbiter immediately rejected the offer and walked away.
What crime did Mr. X commit under the Revised Penal Code (RPC), if any? Explain. (2019 BAR)

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Dencio, who is the Municipal Treasurer of the town, was also the treasurer of a charity ball of the church. Because he was short of payroll funds for the municipal employees, he used part of the church funds to replenish the payroll funds with the intention of returning the same when the public funds came.

Is Dencio guilty of malversation under the RPC? State your reasons.
b. Assuming that he failed to replenish the church funds, may he be held criminally liable thereby? (1990 BAR)

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Randy, an NBI agent, was issued by the NBI an armalite rifle (M16) and a Smith and Wesson Revolver Cal. 38. After a year, the NBI Director made an inspection of all the firearms issued. Randy, who reported for work that morning, did not show up during the inspection. He went on absence without leave (AWOL). After two years, he surrendered to the NBI the two firearms issued to him. He was charged with malversation of government property before the Sandiganbayan.
Randy put up the defense that he did not appropriate the armalite rifle and the revolver for his own use, that the delay in accounting for them does not constitute conversion and that actually the firearms were stolen by his friend,Chiting. Decide the case. (1994 BAR)

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Elizabeth is the municipal treasurer of Masinloc, Zambales. On January 10, 1994, she received, as municipal treasurer, from the
Department of Public Works and Highways, the amount of P100, 000.00 known as the fund for construction, rehabilitation, betterment, and Improvement (CRBI) for the concreting of Barangay Phanix Road located in Masinloc, Zambales, a project undertaken on proposal of the Barangay Captain. Informed that the fund was already exhausted while the concreting of Barangay Phanix Road remained unfinished, a representative of the Commission on Audit conducted a spot audit of Elizabeth who failed to account for the P100,000 CRBI fund.
Elizabeth, who was charged with malversation of public funds, was acquitted by the Sandiganbayan of that charge but was nevertheless convicted, in the same criminal case, for illegal use of public funds. On appeal, Elizabeth argued that her conviction was erroneous as she applied the amount of
P50,000.00 for a public purpose without violating any law or ordinance appropriating the said amount for any specific purpose. The absence of such law or ordinance was, in fact, established. Is the contention of Elizabeth legally tenable? Explain. (1996 BAR)

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Alex Reyes, together with Jose Santos, were former warehousemen of the Rustan Department Store. In 1986, the PCGG sequestered the assets, fund and properties of the owners-incorporators of the store, alleging that they constitute “Ill-gotten wealth” of the Marcos family. Upon their application, Reyes and Santos were appointed as fiscal agents of the sequestered firm and they were given custody and possession of the sequestered building and its contents, including various vehicles used in the firm’s operations

After a few months, an inventory was conducted and it was discovered that two delivery vans were missing. After demand was made upon them, Reyes and Santos failed to give any satisfactory explanation why the vans were missing or to turn them over to the PCGG; hence, they were charged with Malversation of Public Property. During the trial, the two accused claimed that they are not public accountable officers and, if any crime was committed, it should only be Estafa under Art. 315, par. 1(b) of the Revised Penal Code. What is the proper offense committed? State the reason(s) for your answer. (2001
BAR)

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Allan, the Municipal Treasurer of the Municipality of Gerona, was in a hurry to return to his office after a day-long official conference. He alighted from the government car which was officially assigned to him, leaving the ignition key and the car unlocked, and rushed to his office. Jules, a bystander, drove off with the car and later sold the same to his brother, Danny for P20,000.00, although the car was worth P800,000.00.
a. What are the respective crimes, if any, committed by Allan, Danny and Jules? Explain.
b. What, if any, are their respective civil liabilities? Explain. (2005 BAR)

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Governor A was given the amount of P10 million by the Department of Agriculture for the purpose of buying seedlings to be distributed to the farmers. Supposedly intending to modernize the farming industry in his province, Governor A bought farm equipment through direct purchase from XY Enterprise, owned by his kumpare B, the alleged exclusive distributor of the said equipment. Upon inquiry, the Ombudsman discovered that B has a pending patent application for the said farm equipment. Moreover, the equipment purchased turned out to be overpriced. What crime or crimes, if any, were committed by Governor A? Explain. (2016 BAR)

A typhoon destroyed the houses of many of the inhabitants of X Municipality. Thereafter, X Municipality operated a shelter assistance program whereby construction materials were provided to the calamity victims, and the beneficiaries provided the labor. The construction was partially done when the beneficiaries stopped helping with the construction for the reason that they needed to earn income to provide food for their families. When informed of the situation, Mayor Maawain approved the withdrawal of ten boxes of food from X Municipality’s feeding program, which were given to the families of the beneficiaries of the shelter assistance program. The appropriations for the funds pertaining to the shelter assistance program and those for the feeding program were separate items on X Municipality’s annual budget.

a. What crime did Mayor Maawain commit? Explain.
b. May Mayor Maawain invoke the defense of good faith and that he had no evil intent when he approved the transfer of the boxes of food from the feeding program to the shelter assistance program? Explain. (2015 BAR)

Q: Ana has been a bar girl/GRO at a beer house for more than 2 years. She fell in love with Oniok, the bartender, who impregnated her. But Ana did not inform about her
condition and, instead, went to Cebu to conceal her shame.

However, her parents drove her away so she returned to Manila and stayed with Oniok in his boarding house. Upon learning of her pregnancy, already in an advanced state, Oniok tried to persuade her to undergo an abortion, but she refused. Because of their constant and bitter quarrels, she suffered birth pangs and gave birth prematurely to a live baby girl while Oniok was at his place of work. Upon coming home and learning what happened, he prevailed upon Ana to conceal his dishonor. Hence, they placed the infant in a shoe and threw it into a nearby creek. However, an inquisitive neighbor saw them
and with the help of others. Retrieved the infant who was already dead from drowning. The incident was reported to the police who arrested Ana and Oniok.

The two were charged with parricide under Article 246 of the RPC. After trial, they were convicted of the crime charged. Was the conviction correct? (2006 BAR)

Rafa caught his wife, Rachel, in the act of having sexual intercourse with Rocco in the maid’s room of their own house. Rafa shot both lovers in the chest, but they survived. Rafa charged Rachel and Rocco with adultery, while Rachel and Rocco charged Rafa with frustrated parricide and frustrated homicide. In the adultery case, Rachel and Rocco raised the defense that Rafa and Rachel, prior to the incident in question, executed a notarized document whereby they agreed to live
separately and allowed each of them to get a new partner and live with anyone of their choice as husband and wife. This document was executed after Rachel discovered that Rafa was cohabiting with another woman.

Thus, they also raised the defense of in pari delicto. In the frustrated parricide and frustrated homicide cases, Rafa raised the defense that, having caught them in flagrante delicto, he has no criminal liability.

Will the actions for frustrated parricide and frustrated homicide prosper? (2018 BAR)

A, a 76-year old woman, was brought to the hospital in a coma with slight cerebral hemorrhage. An endotracheal tube was inserted in her mouth to facilitate her breathing. B, a hospital janitor, removed the tube. The victim started to convulse and bleed in the mouth. Only the timely arrival of the nurse prevented the patient’s death. The patient was then transferred to another hospital where she died the next day of cardio-respiratory. Is B criminally liable? If so, what crime was committed? (1991 BAR)

Lina worked as a housemaid and yaya of the one-week old son of the spouses John and Joana. When Lina learned that her 70- year old mother was seriously ill, she asked John for a cash advance of P20,000.00, but the latter refused. In anger, Lina gagged the mouth of the child with stockings, placed him in a box, sealed it with masking tape, and placed the box in the attic. Lina then left the house and asked her friend Fely to demand a P20,000.00 ransom for the release of the spouses’ child to be paid within twenty-four hours. The spouses did not pay the ransom.

After a couple of days, John discovered the box in the attic with his child already dead. According to the autopsy report, the child died of asphyxiation barely minutes after the box was sealed. What crime or crimes, if any, did Lina and Fely commit? Explain. (2016 BAR)

Candido stabbed an innocent bystander who accidentally bumped him. The innocent bystander died as a result of the stabbing. Candido was arrested and was tested to be positive for the use of “shabu” at the time he committed the stabbing. What should be the proper charge against Candido? Explain. (2005 BAR)

Tommy saw Lino and Okito engaged in a street fight. Lino then suddenly drew his balisong and lunged at Okito. In an effort to
break up the fight, Tommy tried to snatch the balisong from Lino but not before the latter had inflicted a wound on Okito. As Lino withdrew the weapon and attempted to stab Okito a second time, Tommy tried to grab the weapon again. In so doing, his left forearm was slashed. As he succeeded in snatching away the balisong with his right arm, it flew with such force, that it hit Nereo, a passerby who was seriously injured. Explain your answers fully.

a. What is the criminal liability of Lino with respect to Okito, Tommy and Nereo?
b. In turn, is Tommy criminally liable to Nereo? (1992 BAR)

Belle saw Gaston stealing the prized cock of a neighbor and reported him to the police. Thereafter, Gaston, while driving a car, saw Belle crossing the street. Incensed that Belle had reported him, Gaston decided to scare her by trying to make it appear that he was about to run her over. He revved the engine of his car and drove towards her but he applied the brakes. Since the road was slippery at that time, the vehicle skidded and hit Belle causing her death. What is the liability of Gaston? Why? (2005 BAR)

In a free-for-all brawl that ensued after some customers inside a nightclub became unruly, guns were fired by a group, among
them A and B, that finally put the customers back to their senses. Unfortunately, one customer died. Subsequent investigation revealed that A’s gunshot had inflicted on the victim a slight wound that did not cause the deceased’s death nor materially contribute to it. It was B’s gunshot that inflicted a fatal wound on the deceased. A contended that his liability should, if at all, be limited to slight physical injury. Would you agree? Why? (2003 BAR)

Q: Ms. M, a Malaysian visiting the Philippines, was about to depart for Hong Kong via an Indonesian-registered commercial vessel. While on board the vessel, which was still
docked at the port of Manila, she saw her
mortal enemy, Ms. A, an Australian citizen.
Ms. A was seated at the front portion of the
cabin and busy using her laptop, with no idea
whatsoever that Ms. M was likewise onboard
the ship.
Consumed by her anger towards Ms. A, Ms. M stealthily approached the Australian from behind, and then quickly stabbed her neck with a pocketknife, resulting in Ms. A’s
immediate death. Operatives from the Philippine National Police - Maritime Command arrested Ms. M for the killing of Ms. A, and thereafter, intended to charge her under the RPC. Ms. M contended that the provisions of the RPC cannot be applied and enforced against her because both she and the victim are not Filipino nationals, and besides, the alleged crime was committed in an Indonesian-registered vessel.

Assuming that the provisions of the RPC can be applied against Ms. M, what crime under the RPC should she be charged with? Explain. (2019 BAR)

Mrs. Robinson is a teacher at an elementary 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.

One morning, Reymart, a 7-year old pupil, cried loudly and complained to Mrs. Robinson that Richard had boxed him on the ear. Confronted by Mrs. Robinson about Reymart’s accusation, Richard sheepishly admitted the same. Because of this, Mrs. Robinson ordered Richard to lie face down on a desk during class. After Richard obliged, Mrs. Robinson hit him ten (10) times on the legs with a ruler and pinched his ears. Richard ran home and reported to his mother what he had suffered at the hands of Mrs.
Robinson. When Richard’s parents went to Mrs. Robinson to complain, she interposed the defense that she merely performed her duty as a teacher to discipline erring pupils.

Richard’s parents ask your advice on what actions can be instituted against Mrs. Robinson for acts committed on their minor child.

a. May Mrs. Robinson be charged with child abuse OR slight physical injuries? Explain.
b. May Mrs. Robinson be charged with child abuse AND slight physical injuries? Explain. (2018 BAR)

The complainant, an eighteen-year old mental retardate with an intellectual capacity between the ages of nine and twelve years, when asked during the trial how she felt when she was raped by the accused, replied
“Masarap, it gave me much pleasure.”

With the claim of the accused that the complainant consented for a fee to the sexual intercourse, and with the foregoing answer of the complainant, would you convict the accused of rape if you were the judge trying the case? Explain. (1996 BAR)

Flordeluna boarded a taxi on her way home to Quezon City which was driven by Roger. Flordeluna noticed that Roger was always placing his car freshener in front of the car aircon ventilation but did not bother asking Roger why. Suddenly, Flordeluna felt dizzy and became unconscious. Instead of bringing her to Quezon City, Roger brought Flordeluna to his house in Cavite where she was detained for two (2) weeks. She was raped for the entire duration of her detention. May Roger be charged and convicted of the crime of rape with serious illegal detention? (2000 BAR)

A, a male, takes B, another male, to a motel and there, through threat and intimidation, succeeds in inserting his penis into the anus of B. What, if any, is A’s criminal liability? Why? (2002 BAR)

Braulio invited Lulu, his 11-year old stepdaughter, inside the master bedroom. He pulled out a knife and threatened her with harm unless she submitted to his desires. He was touching her chest and sex organ when his wife caught him in the act.

The prosecutor is unsure whether to charge Braulio for acts of lasciviousness under Art. 336 of the RPC, for lascivious conduct under R.A. 7610 (Special Protection against Child Abuse, Exploitation, and Discrimination Act); or for rape under Art. 266-A of the RPC. What is the crime committed? Explain. (2016 BAR)

Charlie was charged for the qualified rape of AAA. The Information alleged that AAA was 14 years old at the time the crime was committed and that Charlie was AAA’s stepfather. The presentation of AAA’s birth certificate during the trial duly established the following: (1) that AAA was indeed 14 years old at the time of the rape; and (2) that AAA’s mother is BBB and her father was the late CCC. BBB and Charlie only became live-in partners after CCC’s death. The RTC found Charlie guilty of qualified rape. On appeal, the Court of Appeals convicted Charlie of simple rape. Charlie appealed before the Supreme Court. How will you rule and why? (2015 BAR)

Sixteen-year (16) old Aliswan prodded Amethyst, his girlfriend, to remove her
clothing while they were secretly together in her bedroom late one evening. Failing to get a positive response from her, he forcibly undressed her. Apprehensive about rousing the attention of the household who did not know of his presence inside her room, she resisted him with minimal strength, but she was really sobbing in a muffled manner. He then undressed himself while blocking the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then sitting alone on a sofa in the sala, saw him leave his daughter’s room naked.

Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst’s former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed Allesso. Aliswan immediately went into
hiding afterwards. Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante wanted to teach Aliswan a lesson he would never forget. Amante set out the next day to look for Aliswan in his school. There, Amante found a young man who looked very much like Aliswan. Amante immediately rushed and knocked the young man unconscious on the pavement, and then draped his body with a prepared tarpaulin reading “RAPIST AKO HUWAG TULARAN.” Everyone else in the school was shocked upon witnessing what had just transpired, unable to believe that the
timid and quiet Alisto, Aliswan’s identical twin brother, had committed rape.

a. A criminal complaint for attempted rape with homicide was brought against Aliswan in the Prosecutor’s Office. However, after preliminary investigation, the Investigating Prosecutor
recommended the filing of two separate Informations: one for attempted rape and the other for homicide. Do you agree with the recommendation? Explain.

b. After receiving medical attendance for ten (10) days, Alisto consulted you about filing the proper criminal complaint against Amante. What crimes, if any, will you charge Amante with? Explain. (2017 BAR)

Maita was the object of Solito’s avid sexual desires. Solito had attempted many times to entice Maita to a date in bed with him but Maita had consistently refused. Fed up with all her rejections, Solito abducted Maita around 7 p.m. one night. With his cohorts, Solito forced Maita into a Toyota lnnova and drove off with her to a green-painted house situated in a desolate part of the town. There, Solito succeeded in having carnal knowledge of Maita against her will.

Meanwhile, the police authorities were tipped off that at 11:30 p.m. on that same night Solito would be selling marijuana outside the green-painted house. Acting on the tip, the PNP station of the town formed a buy-bust team with PO2 Masahol being designated the poseur buyer. During the buybust operation, Solito opened the trunk of the Toyota lnnova to retrieve the bag of marijuana to be sold to PO2 Masahol. To cut the laces that he had tied the bag with, Solito took out a Swiss knife, but his doing so prompted PO2 Masahol to effect his immediate arrest out of fear that he would
attack him with the knife. PO2 Masahol then confiscated the bag of marijuana as well as the Toyota lnnova.

Two Informations were filed against Solito in the RTC: one for forcible abduction with rape, raffled to Branch 8 of the RTC; the other for illegal sale of drugs, assigned to Branch 29 of the RTC. Was Solito charged with the proper offenses based on the circumstances? Explain. (2017 BAR)

Angelino, a Filipino, is a transgender who underwent gender reassignment and had implants in different parts of her body. She changed her name to Angelina and was a finalist in the Miss Gay International. She came back to the Philippines and while she was walking outside her home, she was abducted by Max and Razzy who took her to a house in the province. She was then placed in a room and Razzy forced her to have sex with him at knife’s point. After the act, it dawned upon Razzy that Angelina is actually a male. Incensed, Razzy called Max to help him beat Angelina. The beatings that Angelina received eventually caused her death. What crime or crimes, if any, were committed? Explain. (2016 BAR)

At about 11:00 in the evening, Dante forced his way inside the house of Mamerto. Jay, Mamerto’s son, saw Dante and accosted him. Dante pulled a knife and stabbed Jay on his abdomen. Mamerto heard the commotion and went out of his room. Dante, who was about to escape, assaulted Mamerto. Jay suffered injuries which, were it not for the timely medical attendance, would have caused his death. Mamerto sustained injuries that incapacitated him for 25 days.

What crime/s did Dante commit? (1994 BAR)

Five robbers robbed one after the other five houses occupied by different families located inside a compound enclosed by a sixfoot high hollow block fence. How many robberies did the five commit? Explain. (1996 BAR)

A, brother of B, with the intention of having a night out with his friends, took the coconut shell which is being used by B as a bank for his coins from inside their locked cabinet using their common key. Forthwith, A broke the coconut shell outside of their home in the presence of his friends.

a. What is the criminal liability of A, if any? Explain.
b. Is A exempted from criminal liability under Article 332 of the Revised Penal Code for being a brother of B? Explain. (2000 BAR)

Q: Wielding loose firearms, Rene and Roan held up a bank. After taking the bank’s money, the robbers ran towards their getaway car, pursued by the bank security guards. As the security guards were closing in on the robbers, the two fired their firearms at the pursuing security guards. As a result, one
of the security guards was hit on the head causing his immediate death. For the taking of the bank’s money and killing of the security guard with the use of loose firearms, the robbers were charged in court in two separate Informations, one for robbery with homicide attended by the aggravating circumstance of use of loose firearms, and the other for illegal possession of firearms. Are the indictments correct? (2018 BAR)

Sunshine, a “beauteous” colegiala but a shoplifter, went to the Ever Department Store and proceeded to the women’s wear section.
The saleslady was of the impression that she brought to the fitting room three (3) pieces of swimsuits of different colors. When she came out of the fitting room, she returned only two (2) pieces to the clothes rack. The saleslady became suspicious and alerted the store detective. Sunshine was stopped by the detective before she could leave the store and brought to the office of the store manager. The detective and the manager searched her and found her wearing the third swimsuit under her blouse and pants. Was the theft consummated, frustrated, or attempted? Explain. (2000 BAR)

Francis Garcia, a Jollibee waiter, found a gold bracelet in front of his working place in Makati and, upon inspecting it, saw the name and address of the owner engraved on the inside. Remembering his parents’ admonition that he should not take anything which does not belong to him, he delivered the bracelet to PO1 Jesus Reyes of the Makati quad precinct with the instruction to locate the owner and return it to him. PO1 Reyes, instead, sold the
bracelet and misappropriated the proceeds. Subsequent events brought out the fact that the bracelet was dropped by a snatcher who had grabbed it from the owner a block away from where Francis had found it and further
investigation traced the last possessor as PO1 Reyes.

Charged with theft, PO1 Reyes reasoned out that he had not committed any crime because it was not he who had found the bracelet, and moreover, it turned out to have been stolen.

Resolve the case with reasons. (2001 BAR)

Bruno, a taxi driver, had an indebtedness in the sum of P10,000.00 which would become due in one week. He was starting to worry because he still had not raised the amount to pay for his debt. Every day, he had prayed for divine intervention. One night, while returning the taxi to the garage, he
found a wallet on the back seat. Inspecting it, he learned that it contained exactly Pl0,000.00 cash, the amount of his obligation, and IDs. Thinking it was divine intervention, and that his prayers were answered, he took the money and used it to pay his debt.

a. What crime, if any, did Bruno commit? Explain.
b. Assuming that instead of using the money, Bruno turned over the wallet and its contents to the nearby police station, and it was the chief of police of that station who appropriated the money for his own benefit, what crime was
committed by the chief of police? Explain. (2015 BAR)

On the way home from work, Rica lost her necklace to a snatcher. A week later, she saw what looked like her necklace on display in a jewelry store in Raon. Believing that the necklace on display was the same necklace snatched from her the week before, she surreptitiously took the necklace without the knowledge and consent of the store owner.
Later, the loss of the necklace was discovered, and Rica was shown on the CCTV camera of the store as the culprit. Accordingly, Rica was charged with theft of the necklace. Rica raised the defense that she could not be guilty as charged because she was the owner of the necklace and that the element of intent to gain was lacking.

What should be the verdict if:
a. The necklace is proven to be owned by Rica?
b. It is proven that the store acquired the necklace from another person who was the real owner of the necklace? (2018 BAR)

Q: Domingo is the caretaker of two (2) cows and two (2) horses owned by Hannibal. Hannibal told Domingo to lend the cows to Tristan on the condition that the latter will give a goat to the former when the cows are returned. Instead, Tristan sold the cows and pocketed the money. Due to the neglect of Domingo, one of the horses was stolen.

Knowing that he will be blamed for the loss, Domingo slaughtered the other horse, got the meat, and sold it to Pastor. He later reported to Hannibal that the two horses were stolen.

a. What crime or crimes, if any, did Tristan commit? Explain.
b. What crime or crimes, if any, were committed by Domingo? Explain. (2016
BAR)

A fire broke out in a department store. A, taking advantage of the confusion, entered the store and carried away goods which he later sold. What crime, if any, did he commit? Why? (2002 BAR)

Forest Ranger Jay Velasco was patrolling the Balara Watershed and Reservoir when he noticed a big pile of cut logs outside the gate of the watershed. Curious, he scouted around and after a few minutes, he saw Rene and Dante coming out of the gate with some more newly-cut logs. He apprehended and charged them with the proper offense. What is that offense? Explain. (2006 BAR)

Q: A is the driver of B’s Mercedez Benz car.
When B was on a trip to Paris, A used the car for a joy ride with C whom he is courting. Unfortunately, A met an accident. Upon his return, B came to know about the unauthorized use of the car and sued A for qualified theft. B alleged that A took and used the car with intent to gain as he derived some benefit or satisfaction from its use. On the other hand, A argued that he has no intent of making himself the owner of the car as he in fact returned it to the garage after the joy ride. What crime/s, if any, were committed? Explain. (2016 BAR)

Jorge is the owner of 10 hectares of land in the foothills which he planted with lanzones. On his last visit there, he was shocked to discover that his land had been taken over by a group of 15 families whose members had forcibly driven away his caretaker, had appropriated the fruits for themselves, and were not threatening to kill him should he try to eject them. What crime should Jorge charge these 15 families? Explain. (1988 BAR)

Erwin and Bea approached Mayor Abral and requested him to solemnize their marriage. Mayor Abral agreed. Erwin and Bea went to Mayor Abral’s office on the day of the ceremony, but Mayor Abral was not there. When Erwin and Bea inquired where Mayor Abral was, his chief of staff Donato informed them that the Mayor was campaigning for the coming elections. Donato told them that the Mayor authorized him to solemnize the
marriage and that Mayor Abral would just sign the documents when he arrived. Donato thereafter solemnized the marriage and later turned over the documents to Mayor Abral for his signature. In the marriage contract, it was stated that the marriage was solemnized by Mayor Abral. What crime(s) did Mayor Abral and Donato commit? Explain. (2015, 2019 BAR)

A group of homeless and destitute persons invaded and occupied the houses built by the National Housing Authority (NHA) for certain military personnel. To gain entry to the houses, the group intimidated the security guards posted at the entrance gate with the firearms they were carrying and destroyed the padlocks of the doors of the houses with the use of crowbars and hammers. They claimed that they would occupy the houses and live therein because the houses were idle, and they were entitled to free housing from the government.

For the reason that the houses were already awarded to military personnel who have been found to have fully complied with the requirements for the award thereof, NHA demanded the group to vacate within ten (10) days from notice the houses they occupied and were still occupying. Despite the lapse of the deadline, the group refused to vacate the houses in question.

What is the criminal liability of the members of the group, if any, for their actions? (2018 BAR)

In August 2018, B entered a contract with S for the purchase of the latter’s second-hand car in the amount of ₱400,000.00 payable in two (2) equal monthly installments. Simultaneously with the signing of the contract and S’s turnover of the car keys, B executed, issued, and delivered two (2) postdated
checks, all payable to S, with the assurances that they will be honored on their
respective maturity dates.

However, all two (2) checks were dishonored for being drawn against insufficient funds. Consequently, notices therefore were duly issued to and received by B, but this notwithstanding, no payment arrangements were made by him. Further, upon S’s investigation, it was uncovered that B’s checking account had only ₱50,000.00 when it was opened in June 2018 and no further deposits were made after that. S also found out that B knew fully well of such circumstance at the time he issued the two (2)
checks.

What crime/s should B be charges with and for how many counts? Explain. (2018, 2019 BAR)

One early evening, there was a fight between Eddie Gutierrez and Mario Cortez. Later that evening, at about 11 o’clock, Eddie passed by the house of Mario carrying a plastic bag containing gasoline, threw the bag at the house of Mario who was inside the house watching television, and then lit it. The front wall of the house started blazing and some neighbors yelled and shouted.
Forthwith, Mario poured water on the burning portion of the house. Neighbors also rushed in to help put the fire under control before any great damage could be inflicted and before the flames have extensively spread. Only a portion of the house was burned. Discuss Eddie’s liability. (2000 BAR)

Senio planned to burn Bal’ s house. One evening, during a drinking spree at his house, Senio told his friends what he intended to do and even showed them the gasoline in cans that he would use for the purpose. Carlo, a
common friend of Senio and Bal, was present at the drinking spree. He was still sober when Senio told them his plans. Before going home, Carlo warned Bal that Senio would burn his house and had already bought gasoline that
would be used for the purpose. Bal reported the matter to the police authorities. Meanwhile, Senio went to Bal’ s house and proceeded to pour gasoline around the walls of the house and it was at that point when he was caught by the police. What crime did Senio commit, if any? Explain. (2015 BAR)

A, a married woman, had sexual intercourse with a man who was not her
husband. The man did not know she was married. What crime, if any, did each of them commit? Why? (2002 BAR)

A is married. He has a paramour with whom he had sexual relations on a more or less regular basis. They meet at least once a week in hotels, motels, and other places where they can be alone. Is A guilty of any crime? Why?

A was nominated Secretary of a Department in the Executive Branch of the
government. His nomination was thereafter submitted to the Commission on
Appointments for confirmation. While the Commission was considering the nomination, a group of concerned citizens caused to be published in the newspapers a full-page statement objecting to A’s appointment. They
alleged that A was a drug dependent, that he had several mistresses, and that he was corrupt, having accepted bribes or favors from parties transacting business in his previous office, and therefore he was unfit for the position to which he had been nominated. As a result of the publication, the nomination was not confirmed by the Commission on Appointments. The official sued the concerned citizens and the newspapers for libel and damages on account of his non-confirmation. How will you decide the case?
(2002 BAR)

A is the president of the corporate publisher of the daily tabloid, Bulgar; B is the managing editor and C is the author/writer. In his column, Direct Hit, C wrote about X, the head examiner of the BIR-RDO Manila as
follows:

“Itong si X ay talagang BUWAYA kaya ang logo ng Lacoste T shirt niya ay napaka suwapang na buwaya. Ang nickname niya ay si Atty. Buwaya. Ang PR niya ay 90% sa bayad ng taxpayer at ang para sa RP ay 10% lang. Kaya
ang baba ng collection ng RDO niya. Masyadong magnanakaw si X at dapat
tanggalin itong bundat na bundat na buwaya na ito at napakalaki na ng kurakot.”

A, B and C were charged with libel before the RTC of Manila. The three (3) defendants argued that the article is within the ambit of qualified privileged communication; that there is no malice in law and in fact; and that
defamatory comments on the acts of public officials which are related to the discharge of their official duties do not constitute libel.

Was the crime of libel committed? If so, are A, B and C all liable for the crime? Explain.
(2016 BAR)

Mr. L is a newspaper reporter who writes about news items concerning the judiciary. Mr. L believed that members of the judiciary can be criticized and exposed for the prohibited acts that they commit by virtue of
the public nature of their offices. Upon receiving numerous complaints from private citizens, Mr. L released a scathing newspaper expose involving Judge G and his alleged acts constituting graft and corruption. Consequently, Mr. L was charged with the crime of Libel.

In response, Mr. L contended that truth is a valid defense in Libel and in this relation, claimed that he was only exposing the truth regarding Judge G’s misdeeds. Further, Mr. L contended that in any event, his expose on Judge G is based on the complaints he received from private citizens, and as such,
should be deemed as a mere fair commentary on a matter of public interest.
Are the contentions of Mr. L tenable? Explain. (2019 BAR)

Romeo Cunanan, publisher of the Baguio Daily, was sued by Pedro Aguas for libel for the public publication of his picture with the notice that: “This is to inform the public that Mr. Pedro Aguas whose picture appears above has ceased to be connected with the Sincere Insurance Company as underwriter as of December 31, 1987. Any transaction entered into by him after the said date will not be honored.

Is the publication defamatory? Explain briefly. (1988 BAR)

During a seminar workshop attended by government employees from the Bureau of Customs and Bureau of Internal Revenue, A, the speaker, in the course of his lecture, lamented the fact that a great majority of
those serving in said agencies were utterly dishonest and corrupt.

The following morning, the whole group of employees in the two bureaus who attended the seminar, as complainants, filed a criminal complaint against A for uttering what the group claimed to be defamatory statements of the lecturer. In court, A filed a Motion to Quash the Information, reciting fully the above facts, on the ground that no crime was committed. If you were the judge, how would you resolve the motion? (2003 BAR)

Pedro, a municipal treasurer, received from the Provincial Treasurer of the Province five (5) brand new typewriters for use in the municipal treasurer’s office. Each typewriter is valued at P10,000.00. Since Pedro needed money for the hospitalization of his sick son, he sold four (4) of the typewriters to his
friend, Rodolfo, a general merchant in San Isidro for P2,000.00 each. Rodolfo, as a general merchant knew that one typewriter
could easily be between P6,000.00 to P10,000.00.For this reason, he readily agreed to buy the typewriters. Rodolfo then resold the typewriters at P6,000.00 thus making a profit of P16,000.00. Two months after the transaction, Pedro was audited and the investigation as to his accountabilities led to the discovery that Rodolfo bought the four (4) typewriters from Pedro. Is Rodolfo liable for violation of the Anti-Fencing Law? (1987)
BAR)

Ofelia engaged in the purchase and sale of jewelry, was charged with violation of PD 1612, otherwise known as the Anti-Fencing Law, for having been found in possession of recently stolen jewelry valued at P100,000.00 at her jewelry shop. Her defense is that she merely bought the same from Antonia and produced a receipt covering the sale. She presented other receipts given to her by Antonia representing previous transactions. Convicted of the charge, Ofelia appealed, arguing that her acquisition of the jewelries resulted from a legal transaction and that the prosecution failed to prove that she knew or should have known that the pieces of jewelry
which she bought from Antonia were proceeds of the crime of theft.

a. What is a “fence” under PD 1612?
b. Is Ofelia liable under the Anti-Fencing Law? Explain. (2016 BAR)

Malo, a clerk of court of a trial court, promised the accused in a drug case pending before the court, that he would convince the judge to acquit him for a consideration of P5 million. The accused agreed and delivered the money
through his lawyer to the clerk of court.

The judge, not knowing of the deal, proceeded to rule on the evidence and
convicted the accused. Malo was charged with violation of Section 3 (b), RA 3019 which prohibits a public officer from directly or indirectly requesting or receiving any gift, present, share percentage or benefit wherein the public officer, in his official capacity, has to intervene under the law. He was later charged also with indirect bribery under the RPC. Malo claims he can no longer be charged under the RPC for the same act under RA 3019. Is he correct? (2014 BAR)

Q: One Sunday afternoon, Mr. X, President of ABC Corp., happened to bump into the Labor Arbiter assigned to the illegal dismissal case filed by certain employees against his company. During their encounter, Mr. X promised the Labor Arbiter a luxury car in exchange for a favorable ruling. The Labor Arbiter immediately rejected the offer and walked away.

Assuming that Mr. X’s offer was instead accepted, should the Labor Arbiter be held liable for any crime under the RPC? If so, for what crime? May the Labor Arbiter also be held liable for violation of the Anti-Graft and Corrupt Practices Act? Explain. (2019 BAR)

Through kickbacks, percentages or commissions and other fraudulent
schemes/conveyances and taking advantage of his position, Andy, a former mayor of a suburban town, acquired assets amounting to P10 billion which is grossly disproportionate to his lawful income. Due to his influence and connections and despite knowledge by the authorities of his ill-gotten
wealth, he was charged with the crime of plunder only after twenty (20) years from his defeat in the last elections he participated in.

a. May Andy still be held criminally liable? Why?
b. Can the State still recover the properties and assets that he illegally acquired, the bulk of which is in the name of his wife and children? Reason out. (1993 BAR)

Overjoyed by the award to his firm of a multi-billion government contract for the development of an economic and tourism hub in the Province of Blank, Mr. Gangnam allotted the amount of P100 Million to serve as gifts for certain persons instrumental in his firm’s winning the award. He gave 50% of that amount to Governor Datu, the official who had signed the contract with the proper authorization from the Sangguniang Panlalawigan; 25% to Bokal Diva, the Sangguniang Panlalawigan member who had lobbied for the award of the project in the Sangguniang Panlalawigan; and 25% to Mayor Dolor of the Municipality where the project would be implemented. Governor Datu received his share through his wife, Provincial First Lady Dee, who then deposited the amount in her personal bank account.

Previously, upon facilitation by Bokal Diva, Mr. Gangnam concluded an agreement with Mayor Dolor for the construction of the Blank Sports Arena worth ₱800 Million. The project was highly overpriced because it could be
undertaken and completed for not more than ₱400 Million. For this project, Mayor Dolor received from Mr. Gangnam a gift of ₱10 Million, while Bokal Diva got ₱25 Million. In both instances, Bokal Diva had her monetary gifts deposited in the name of her secretary, Terry, who personally maintained
a bank account for Bokal Diva’s share in government projects.

May each of the above-named individuals be held liable for plunder? Explain your answer. (2017 BAR)

Define “Battered Woman Syndrome.” What are the three phases of the “Battered Woman Syndrome”? Would the defense prosper despite the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code? Explain. (2010 BAR)

Ms. A had been married to Mr. B for 10 years. Since their marriage, Mr. B had been jobless and a drunkard, preferring to stay with his “barkadas” until the wee hours of the morning. Ms. A was the breadwinner and attended to the needs of their three (3) growing children. Many times, when Mr. B was drunk, he would beat Ms. A and their three children, and shout invectives against
them. In fact, in one of the beating incidents Ms.A suffered a deep stab wound on her tummy that required a prolonged stay in the hospital. Due to the beatings and verbal abuses committed against her, she consulted a psychologist several times, as she was slowly beginning to lose her mind. One night, when Mr. B arrived dead drunk, he suddenly stabbed Ms. A several times while shouting invectives against her.

Defending herself from the attack, Ms. A grappled for the possession of a knife and she succeeded. She then stabbed Mr. B several times which caused his instantaneous death. Medico-Legal Report showed that the husband suffered three (3) stabbed wounds.

Can Ms. A validly put up a defense? Explain. (2014 BAR)

Dion and Talia were spouses. Dion always came home drunk since he lost his job a couple of months ago. Talia had gotten used to the verbal abuse from Dion. One night, in addition to the usual verbal abuse, Dion beat
up Talia. The next morning, Dion saw the injury that he had inflicted upon Talia and promised her that he would stop drinking and never beat her again. However, Dion did not make good on his promise. Just after one week, he started drinking again. Talia once more endured the usual verbal abuse. Afraid that he might beat her up again, Talia stabbed Dion with a kitchen knife while he was passed out from imbibing too much alcohol. Talia
was charged with the crime of parricide.

a. May Talia invoke the defense of Battered Woman Syndrome to free herself from criminal liability? Explain.

b. Will your answer be the same, assuming that Talia killed Dion after being beaten up after a second time? Explain. (2015 BAR)

For the past five years, Ruben and Rorie had been living together as husband and wife without the benefit of marriage. Initially, they had a happy relationship which was blessed with a daughter, Rona, who was born on March 1, 2014. However, the partners’ relationship became sour when Ruben began indulging in vices, such as women and alcohol, causing frequent arguments between them. Their relationship got worse when, even for slight mistakes, Ruben would lay his hands on Rorie. One day, a tipsy Ruben barged into their house and, for no reason, repeatedly punched Rorie in the stomach. To avoid further harm, Rorie ran out of the house. But Ruben pursued her and stripped her naked in full view of their neighbors; and then he vanished.

Ten days later, Ruben came back to Rorie and pleaded for forgiveness. However, Rorie expressed her wish to live separately from Ruben and asked him to continue providing financial support for their daughter Rona. At that time, Ruben was earning enough to support a family. He threatened to withdraw the support he was giving to Rona unless Rorie would agree to live with him again. But Rorie was steadfast in refusing to live with Ruben again, and insisted on her demand for support for Rona. As the ex-lovers could not
reach an agreement, no further support was given by Ruben.

What crimes did Ruben commit:
a. For beating and humiliating Rorie?
b. For withdrawing support for Rona? (2018 BAR)

Q: As security for a loan of P50,000.00 he obtained from his friend, Joseph David, payable not later than 17 April 1990, Roger Vasquez
drew and delivered to Joseph a check on due date. The check was dishonored on the ground of insufficiency of funds. After appropriate preliminary investigation, the City Prosecutor filed against Roger an Information for violation of B.P. Blg. No. 22 alleging therein, inter alia, that Roger “with intent to defraud, by means of deceit, knowing fully well that he had no funds and/or sufficient funds in the bank, for value received, did then and there, willfully and feloniously, issue the aforesaid check” but “when the said check was presented for encashment, said check was dishonored and returned” on the ground of insufficiency of funds.

In a decision rendered thereafter, the trial judge ruled that Roger cannot be convicted of the offense charged because the information failed to allege that he knew, when he issued
the check, that he would have insufficient funds for its payment in full upon its presentment to the drawee bank.

Is the judge correct? (1991 BAR)

B imitated the signature of A, registered owner of a lot, in special power of attorney naming him (B) as the attorney-in-fact of A. On February 13, 1964, B mortgaged the lot to a bank using the special power of attorney to obtain a loan of P8, 500. On the same day, both the special power of attorney and the mortgage contract were duly registered in the Registry of Deeds.

Because of B’s failure to pay, the bank foreclosed the mortgage and the lot was sold to X in whose name a new title was issued. In March 1974, A discovered that the property was already registered in the name of X because an ejectment case filed against him by X.

a. If you were the lawyer of A, with what crime or crimes would you charge B? Explain.
b. If you were the counsel of B, what would be your defense? Discuss. (1993 BAR)

A and B agreed to meet at the latter’s house to discuss B’s financial problems. On his way, one of A’s car tires blew up. Before A left following the meeting, he asked B to lend him money to buy a new spare tire. B had temporarily exhausted his bank deposits, leaving a zero balance. Anticipating, however,
a replenishment of his account soon, B issued A a postdated check with which A negotiated for a new tire. When presented, the check bounced for lack of funds. The tire company filed a criminal case against A and B. What would be the criminal liability, if any, of each
of the two accused? Explain. (2003 BAR

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