2006 BAR EXAMINATION
IN CRIMINAL LAW
BAR EXAMINATION 2006
CRIMINAL LAW
17 September 2006 2
P.M. - 5 P.M.
INSTRUCTIONS
This questionnaire consists
of seventeen (17) numbers contained in ten (10) pages. Read each
question very carefully. Answer legibly, clearly, and concisely. Start
each number on a separate page; an answer to a sub-question under the
same number may be written continuously on the same page and
immediately succeeding pages until completed. Do not repeat the
question. A mere "Yes" or "No" answer without any corresponding
discussion will not be given any credit.
HAND IN YOUR NOTEBOOK WITH
THIS QUESTIONNAIRE
GOOD LUCK!!!
(Sgd.) ANGELINA S.
GUTIERREZ
Chairperson
2006 Bar Examination Committee
PLEASE CHECK THE NUMBER OF PAGES IN
THIS SET
WARNING: NOT FOR SALE OR UNAUTHORIZED
USE
CRIMINAL LAW
- I -
Motive is essential in the
determination of the 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 conviction of
an accused? Give at least 3 instances. 5%
- II -
1.
When can a Filipino citizen
residing in this country use an alias legally? Give 3 instances. 2.5%
2.
Under
what situations may a private person enter any dwelling, residence, or
other establishments without being liable for trespass to dwelling? 2.5%
- III -
1.
What are the 3 ways of
committing arbitrary detention? Explain each. 2.5%
2.
What are the legal grounds
for detention? 2.5%
3. When is an arrest by a peace officer or
by a private person considered lawful? Explain. 5%
- IV -
1. Enumerate the differences between
pardon and amnesty. 2.5%
2.
Under
Presidential Proclamation No. 724, amending Presidential Proclamation
No. 347, certain crimes are covered by the grant of amnesty. Name at
least 5 of these crimes. 2.5%
3. Can
former DSWD Secretary Dinky Soliman apply for amnesty? How about
columnist Randy David? (You are supposed to know the crimes or offenses
ascribed to them as published in almost all newspapers for the past
several months.) 2.5%
4.
General
Lim and General Querubin of the Scout Rangers and Philippine Marines,
respectively, were charged with conduct unbecoming an officer and a
gentleman under the Articles of WarCan they apply for amnesty? 2.5%
- V -
There are at least 7
instances or situations in criminal cases wherein the accused, either
as an adult or as a minor, can apply for and/or be granted a suspended
sentence. Enumerate at least 5 of them. 5%
- VI -
1.
In
1982, the Philippine National Bank (PNB), then a government banking
institution, hired Henry dela Renta, a CPA, as Regional Bank Auditor.
In 1992, he resigned and was employed by the Philippine Deposit
Insurance Corporation (PDIC), another government-owned and controlled
corporation. In 1995, after the PNB management unearthed many
irregularities and violations of the bank's rules and regulations, dela
Renta was found to have manipulated certain accounts involving trust
funds and time deposits of depositors. After investigation, he was
charged with malversation of public funds before the Sandiganbayan. He
filed a motion to dismiss contending he was no longer an employee of
the PNB but of the PDIC.
Is dela Renta's contention tenable? 2.5%
2.
After his arraignment, the prosecution filed a motion for his
suspension pendente lite, to which he filed an opposition claiming that
he can no longer be suspended as he is no longer an employee of the PNB
but that of the PDIC.
Explain whether he mayor may not be suspended. 2.5%
- VII -
1. While
the 5.5. Nagoya Maru was negotiating the sea route from Hongkong
towards Manila, and while still 300 miles from Aparri, Cagayan, its
engines 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
Authorities resulting in the apprehension of the culprits.
What crime was committed? Explain. 2.5%
2. Supposing that while
the robbery was taking place, the culprits stabbed a member of the crew
while sleeping.
What crime was committed? Explain. 2.5%
- VIII -
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? 5%
- IX -
Eduardo Quintos, a widower for the past 10 years, felt that his
retirement at the age of 70 gave him the opportunity to engage in his
favorite pastime - voyeurism. If not using his high-powered binoculars
to peep at his neighbor's homes and domestic activities, his second
choice was to follow sweet young girls. One day, he trailed a teenage
girl up to the LRT station at EDSA-Buendia. While ascending the stairs,
he stayed one step behind her and in a moment of bravado, placed his
hand on her left hip and gently massaged it. She screamed and shouted
for help. Eduardo was arrested and charged with acts of lasciviousness.
Is the designation of the crime correct? 5%
- X -
Jaime, Andy and Jimmy, laborers in the noodles factory of Luke Tan,
agreed to kill him due to his arrogance and miserliness. One afternoon,
they seized him and loaded him in a taxi driven by Mario. They told
Mario they will only teach Luke a lesson in Christian humility. Mario
drove them to a fishpond in Navotas where Luke was entrusted to Emil
and Louie, the fishpond caretakers, asking them to hide Luke in their
shack because he was running from the NBI. The trio then left in
Mario's car for Manila where they called up Luke's family and
threatened them to kill Luke unless they give a ransom within 24 hours.
Unknown to them, because of a leak, the kidnapping was announced over
the radio and TV. Emil and Louie heard the broadcast and panicked,
especially when the announcer stated that there is a shoot-to-kill
order for the kidnappers. Emil and Louie took Luke to the seashore of
Dagat-dagatan where they smashed his head with a shovel and buried him
in the sand. However, they were seen by a barangay kagawad who arrested
them and brought them to the police station. Upon interrogation, they
confessed and pointed to Jaime, Andy, Jimmy and Mario as those
responsible for the kidnapping. Later, the 4 were arrested and charged.
What crime or crimes did the 6 suspects commit? 5%
- XI -
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 him about her condition and, instead, went home 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 her dishonor. Hence, they placed the infant in a shoe box 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 2 were charged with parricide under Article 246 of the
Revised Penal Code. After trial, they were convicted of the crime
charged.
Was the conviction correct? 5%
- XII -
Judge Rod Reyes was appointed by former President Fidel Ramos as Deputy
Ombudsman for the Visayas for a term of 7 years commencing on July 5,
1995. Six months thereafter, a lady stenographer filed with the Office
of the Ombudsman a complaint for acts of lasciviousness and with the
Supreme Court a petition for disbarment against him. Forthwith, he
filed separate motions to dismiss the complaint for acts of
lasciviousness and petition for disbarment, claiming lack of
jurisdiction over his person and office.
Are both motions meritorious? 5%
- XIII -
Dang was a beauty queen in a university. Job, a rich classmate, was so
enamored with her that he persistently wooed and pursued her. Dang,
being in love with another man, rejected him. This angered Job.
Sometime in September 2003, while Dang and her sister Lyn were on their
way home, Job and his minor friend Nonoy grabbed them and pushed them
inside a white van. They brought them in an abandoned warehouse where
they forced them to dance naked. Thereafter, they brought them to a
hill in a nearby barangay where they took turns raping them. After
satisfying their lust, Job ordered Nonoy to push Dang down a ravine,
resulting in her death. Lyn ran away but Job and Nonoy chased her and
pushed her inside the van. Then the duo drove away. Lyn was never seen
again.
1. What crime or crimes
were committed by Job and Nonoy? 2.5%
2. What penalties should
be imposed on them? 2.5%
3. Will Nonoy's minority
exculpate him? 2.5%
4.
Is the non-recovery of Lyn's
body material to the criminal 2.5%
- XIV -
In a crime of homicide, the prosecution failed to present any receipt
to substantiate the heirs' claim for an award of actual damages, such
as expenses for the wake and burial.
What kind of damages may the trial court award to them and how much? 5%
- XV -
1. What is that offense? Explain. 2.5%
During the preliminary investigation and up to the trial proper, Rene
and Dante contended that if they were to be held liable, their
liability should be limited only to the newly-cut logs found in their
possession but not to those found outside the gate.
If you were the judge, what will be your ruling? 2.5%
- XVI -
After receiving a reliable information that Dante Ong, a notorious drug
smuggler, was arriving on PAL Flight No. PR 181, PNP Chief Inspector
Samuel Gamboa formed a group of anti-drug agents. When Ong arrived at
the airport, the group arrested him and seized his attaché case.
Upon inspection inside the Immigration holding area, the attaché
case yielded 5 plastic bags of heroin weighing 500 grams. Chief
Inspector Gamboa took the attaché case and boarded him in an
unmarked car driven by PO3 Pepito Lorbes. On the way to Camp Crame and
upon nearing White Plains corner Edsa, Chief Inspector Gamboa ordered
PO3 Lorbes to stop the car. They brought out the drugs from the case in
the trunk and got 3 plastic sacks of heroin. They then told Ong to
alight from the car. Ong left with the 2 remaining plastic sacks of
heroin. Chief Inspector Gamboa advised him to keep silent and go home
which the latter did. Unknown to them, an NBI team of agents had been
following them and witnessed the transaction. They arrested Chief
Inspector Gamboa and PO3 Lorbes. Meanwhile, another NBI team followed
Ong and likewise arrested him. All of them were later charged.
What are their respective criminal liabilities? 5%
- XVII -
Aling Maria received an urgent telephone call from Junior, her eldest
son, asking for P2,000.00 to complete his semestral tuition fees
preparatory to his final exams in Commerce. Distressed and disturbed,
she borrowed money from her compadre Mang Juan with the assurance to
pay him within 2 months. Two months lapsed but Aling Maria failed to
settle her obligation. Mang Juan told Aling Maria that she does not
have to pay the loan if she will allow her youngest 10-year old
daughter Annie to work as a housemaid in his house for 2 months at
P1,000.00 a month. Despite Aling Maria's objection, Mang Juan insisted
and brought Annie to his house to work as a maid.
1.
Was
a crime committed by Mang Juan when he brought Annie to his house as
maid for the purpose of repaying her mother's loan? 2.5%
2. If Aling Maria herself
was made to work as a housemaid in Mang Juan's household to pay her
loan, did he commit a crime? 2.5%
NOTHING FOLLOWS.
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