2005 BAR EXAMINATION
IN CRIMINAL LAW
BAR EXAMINATIONS 2005
CRIMINAL LAW
18 September 2005 2 P.M. — 5 P.M.
INSTRUCTIONS
This questionnaire consists of fifteen (15) numbers contained in nine
(9) 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 and immediately succeeding pages until completed. Do not repeat
the question.
HAND IN YOUR
NOTEBOOK WITH THIS QUESTIONNAIRE GOOD LUCK!!!
(Sgd.) Romeo J. Callejo, Sr.
Chairman
2005 Bar Examination Committee
PLEASE CHECK THE NUMBER OF PAGES IN
THIS SET WARNING: NOT FOR SALE OR UNAUTHORIZED USE
CRIMINAL LAW
- I -
(1.) Distinguish the following from each other:cralaw:red
a) Complex crime under Article 48 of
the Revised Penal Code;
b) Special complex crime; and
c) delito continuado. (3%)
(2.) Under Article 27 of the Revised Penal Code, as amended by Republic
Act (RA) No. 7959, reclusion perpetua shall be from 20 years and 1 day
to 40 years.
Does this mean that reclusion perpetua is now a divisible penalty?
Explain. (2%)
(3.) Distinguish pecuniary penalties from pecuniary liabilities. (2%)
(4.) Taking into account the nature and elements of the felonies of
coup d’ etat and rape, may one be criminally liable for frustrated coup
d’ etat or frustrated rape? Explain. (2%)
(5.) Distinguish malum in se from malum prohibitum. (2%)
- II -
(1.) 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? (4%)
(2.) DD was engaged in the warehouse business. Sometime in November
2004, he was in dire need of money. He, thus, sold merchandise
deposited in his warehouse to VR for P500,000.00. DD was charged with
theft, as principal, while VR as accessory. The court convicted DD of
theft but acquitted VR on the ground that he purchased the merchandise
in good faith. However, the court ordered VR to return the merchandise
to the owner thereof and ordered DD to refund the P500,000.00 to VR.
DD moved for the reconsideration of the decision insisting that he
should be acquitted of theft because being the depositary, he had
juridical possession of the merchandise. VR also moved for the
reconsideration of the decision insisting that since he was acquitted
of the crime charged, and that he purchased the merchandise in good
faith, he is not obligated to return the merchandise to its owner.
Rule on the motions with reasons. (5%)
- III -
(1.) Harold was convicted of a crime defined and penalized by a special
penal law where the imposable penalty is from 6 months, as minimum, to
3 years, as maximum. State with reasons whether the court may correctly
impose the following penalties:cralaw:red
a) a straight penalty of 10 months;
b) 6 months, as minimum, to 11 months,
as maximum;
c) a straight penalty of 2 years. (5%)
(2.) E and M are convicted of a penal law that imposes a penalty of
fine or imprisonment or both fine and imprisonment. The judge sentenced
them to pay the fine, jointly and severally, with subsidiary
imprisonment in case of insolvency.
a) Is the penalty proper? Explain.
b) May the judge impose an alternative
penalty of fine or imprisonment? Explain. (4%)
(3.) The accused was found guilty of 10 counts of rape for having
carnal knowledge with the same woman. In addition to the penalty of
imprisonment, he was ordered to pay indemnity in the amount of
P50,000.00 for each count.
On appeal, the accused questions the award of civil indemnity for each
count, considering that the victim is the same woman. How would you
rule on the contention of the accused? Explain. (3%)
- IV -
(1.) Maganda was charged with violation of the Bouncing Checks Law (BP
22) punishable by imprisonment of not less than 30 days but not more
than 1 year or a fine of not less than but not more than double the
amount of the check, which fine shall not exceed P200,000.00, or both.
The court convicted her of the crime and sentenced her to pay a fine of
P50,000.00 with subsidiary imprisonment in case of insolvency, and to
pay the private complainant the amount of the check. Maganda was unable
to pay the fine but filed a petition for probation. The court granted
the petition subject to the condition, among others, that she should
not change her residence without the court’s prior approval.
a) What is the proper period of
probation?
b)
Supposing before the Order of Discharge was issued by the court but
after the lapse of the period of probation, Maganda transferred
residence without prior approval of the court.
May the court revoke the Order of
Probation and order her to serve the subsidiary imprisonment? Explain.
(5%)
(2.) DD purchased a television set for P50,000.00 with the use of a
counterfeit credit card. The owner of the establishment had no inkling
that the credit card used by DD was counterfeit.
What crime or crimes did DD commit? Explain. (5%)
- V -
Paz Masipag worked as a housemaid and yaya of the one-week old son of
the spouses Martin and Pops Kuripot. When Paz learned that her 70
year-old mother was seriously ill, she asked Martin for a cash advance
of P1,000.00 but Martin refused. One morning, Paz gagged the mouth of
Martin’s son with stockings; placed the child in a box; sealed it with
masking tape and placed the box in the attic. Later in the afternoon,
she demanded P5,000.00 as ransom for the release of his son. Martin did
not pay the ransom. Subsequently, Paz disappeared. After a couple of
days, Martin discovered the box in the attic with his child already
dead. According to the autopsy report, the child died of asphyxiation
barely three minutes after the box was sealed.
What crime or crimes did Paz commit? Explain. (5%)
- VI -
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. (3%)
- VII -
Jose employed Mario as gardener and Henry as cook. They learned that
Jose won P500,000.00 in the lotto, and decided to rob him. Mario
positioned himself about 30 meters away from Jose’s house and acted as
lookout. For his part, Henry surreptitiously gained entry into the
house and killed Jose who was then having his dinner. Henry found the
P500,000.00 and took it. Henry then took a can of gasoline from the
garage and burned the house to conceal the acts. Mario and Henry fled,
but were arrested around 200 meters away from the house by alert
barangay tanods. The tanods recovered the P500,000.00.
Mario and Henry were charged with and convicted of robbery with
homicide, with the aggravating circumstances of arson, dwelling, and
nighttime. Mario moved to reconsider the decision maintaining that he
was not at the scene of the crime and was not aware that Henry killed
the victim; hence, he was guilty only of robbery, as an accomplice.
Mario also claimed that he conspired with Henry to commit robbery but
not to kill Jose. Henry, likewise, moved to reconsider the decision,
asserting that he is liable only for attempted robbery with homicide
with no aggravating circumstance, considering that he and Mario did not
benefit from the P500,000.00. He further alleged that arson is a felony
and not an aggravating circumstance; dwelling is not aggravating in
attempted robbery with homicide; and nighttime is not aggravating
because the house of Jose was lighted at the time he was killed.
Resolve with reasons the respective motions of Mario and Henry. (7%)
- VIII -
Pete, a security guard, arrived home late one night after rendering
overtime. He was shocked to see Flor, his wife, and Benjie, his best
friend, completely naked having sexual intercourse. Pete pulled out his
service gun and shot and killed Benjie. Pete was charged with murder
for the death of Benjie. Pete contended that he acted in defense of his
honor and that, therefore, he should be acquitted of the crime. The
court found that Benjie died under exceptional circumstances and
exonerated Pete of the crime, but sentenced him to destierro,
conformably with Article 247 of the Revised Penal Code. The court also
ordered Pete to pay indemnity to the heirs of the victim in the amount
of P50,000.00.
a) Is the defense of Pete meritorious?
Explain.
b)
Under Article 247 of the Revised Penal Code, is destierro a penalty?
Explain. c) Did the court correctly order Pete to pay indemnity despite
his exoneration under Article 247 of the Revised Penal Code? Explain.
(5%)
- IX -
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. (5%)
- X -
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 P500,000.00 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:cralaw:red
a) Direct bribery;
b) Indirect bribery;
c) Section 3(e) of RA 3019 (Anti-Graft
and Corrupt Practices Act);
d) Obstruction of Justice under PD
1829; (7%)
- XI -
On July 1, 2004, Jet Matulis, a pedophile, gave P1,000.00 to Sherly, an
orphan and a prostitute, and brought her to a motel. He inserted a
rusty and oversized vibrator into her vagina with such force that she
bled profusely. Jet panicked and fled. Sherly was brought to the
hospital and died a few days later because of shock caused by
hemorrhage.
a) What crime or crimes did Jet Matulis
commit? Explain.
b) If Sherly were a minor when she
died, would your answer be the same? Explain. (5%)
- XII -
Don Gabito, a philanthropist, offered to fund several projects of the
Mayor. He opened an account in the Mayor’s name and regularly deposited
various amounts ranging from P500,000.00 to P1 Million. From this
account, the Mayor withdrew and used the money for constructing feeder
roads, barangay clinics, repairing schools and for all other municipal
projects. It was subsequently discovered that Don Gabito was actually a
jueteng operator and the amounts he deposited were proceeds from his
jueteng operations.
What crime/s were committed?
Who are criminally liable? Explain. (6%)
- XIII -
Obie Juan is suspected to have in his possession an unspecified amount
of methamphetamine hydrochloride or “shabu”. An entrapment operation
was conducted by police officers, resulting in his arrest following the
discovery of 100 grams of the said dangerous drug in his possession. He
was subjected to a drug test and was found positive for the use of
marijuana, another dangerous drug. He was subsequently charged with two
crimes: Violation of Section 11, Article II of RA 9165 for the
possession of “shabu” and violation of Section 15, Article II of RA
9165 for the use of marijuana.
a) Are the charges proper? Explain.
b) So as not to be sentenced to death,
Obie Juan offers to plead guilty to a lesser offense. Can he do so?
Why? (5%)
- XIV -
Al Chua, a Chinese national, filed a petition under oath for
naturalization, with the Regional Trial Court of Manila. In his
petition, he stated that he is married to Leni Chua; that he is living
with her in Sampaloc, Manila; that he is of good moral character; and
that he has conducted himself in an irreproachable manner during his
stay in the Philippines. However, at the time of the filing of the
petition, Leni Chua was already living in Cebu, while Al was living
with Babes Toh in Manila, with whom he has an amorous relationship.
After his direct testimony, Al Chua withdrew his petition for
naturalization.
What crime or crimes, if any, did Al Chua commit? Explain. (5%)
- XV -
In an interview aired on television, Cindee uttered defamatory
statements against Erika, a successful and reputable businesswoman.
What crime or crimes did Cindee commit? Explain. (3%)
NOTHING FOLLOWS.
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