2011 Criminal Law Answers
Content
2011 CRIMINAL LAW ANSWERs
This is Set A of the 2011 Bar Exams on Criminal Law. There are ! "#estions in all. The answers are $ol%e%.
1. Isa$el& a ho#semai%& ho#semai%& $ro'e into a (awnsho( intent on stealin) items items of *ewelr+ in it. She fo#n%& howe,er& howe,e r& that that the *ewelr+ were in a lo-'e% -hest. na$l na$le e to o(en it& she too' the -hest o#t of the sho(. What -rime %i% she -ommit/ A. Robbery in an uninhabited place or in a private building B. Theft C. Ro$$er+ in an inha$ite% ho#se or (#$li- $#il%in). . #alifie% theft
2. The alternati,e -ir-#mstan-e of relationshi( shall NT $e -onsi%ere% $etween A. mother3in3law an% %a#)hter3in3law. %a#)hter3in3law. B. a%o(te% son an% le)itimate nat#ral %a# )hter. C. aunt and nephew. . ste(father an% ste(son.
4. Arth#r& Arth#r& Ben& Ben& an% Cesar "#arrele% with 5len while the+ were at the latter6s latter6s ho#se. Enra)e%& Arth#r Arth#r re(eate%l+ sta$$e% 5len while Ben an% Cesar Cesar (inne% his arms. What a))ra,atin) -ir-#mstan-e if an+ atten%e% the 'illin) of 5len/ A. E,i%ent (reme%itation. B. None. C. Abuse of superior strength. . Trea-her+.
7. The (resen-e of a miti)atin) -ir-#mstan-e in a -rime A. in-reases the (enalt+ to its maxim#m (erio%. B. -han)es the )ra,it+ of the offense. C. affects the imposable penalty, depending on other modifying circumstances. . a#tomati-all+ re%#-es the (enalt+.
!. 8e is an a--om(li-e who A. a)ree% to ser,e as a loo'o#t after his -om(anions %e-i%e% %e-i%e% to m#r%er the ,i-tim. B. wat-he% "#ietl+ as the m#r%erer sta$$e% his ,i-tim. C. helped the murderer find the victim who was hiding to avoid detection. . (ro,i%e% no hel(& when he -an& to sa,e the ,i-tim from %+in).
9. :rin-i(les of (#$li- international law exem(t -ertain in%i,i%#als from the 5eneralit+ -hara-teristi-hara-teristiof -riminal law. Who amon) the followin) are NT exem(t from the 5eneralit+ r#le/ A. Ministers Resi%ent B. Commercial Attache of a foreign country C. Am$assa%or . Chiefs of Mission
. As a mo%if+in) mo%if+in) -ir-#mstan-e& insanit+ A. is in the nature of confession and avoidance. B. ma+ $e (res#me% from the offen%er6s (re,io#s $eha,ior. C. ma+ $e miti)atin) if its (resen-e $e-omes a((arent s#$se"#ent to the -ommission of the -rime.
. exem(ts the offen%er from -riminal lia$ilit+ whate,er the -ir-#mstan-es.
;. <eno an% :rimo as'e% Bert to )i,e them a s'et-h of the lo-ation of An%+6s ho#se sin-e the+ wante% to 'ill him. Bert a)ree% an% %rew them the s'et-h. <eno an% :rimo %ro,e to the (la-e an% 'ille% An%+. What -rime %i% Bert -ommit/ A. Accomplice to murder, since his cooperation was minimal. B. A--essor+ to m#r%er& sin-e his ma( fa-ilitate% the es-a(e of the two. C. None& sin-e he too' no ste( to ta'e (art in exe-#tin) the -rime. . :rin-i(al to m#r%er& sin-e he a-te% in -ons(ira-+ with <eno an% :rimo.
=. A (oli-e offi-er s#rre(titio#sl+ (la-e% a mari*#ana sti-' in a st#%ent6s (o-'et an% then arreste% him for (ossession of mari*#ana -i)arette. What -rime -an the (oli-e offi-er $e -har)e% with/ A. None& as it is a -ase of entra(ment B. nlawf#l arrest C. In-riminatin) an inno-ent (erson D. Complex crime of incriminating an innocent person with unlawful arrest
10. The (oli-e offi-er in -i,ilian -lothes as'e% > where he -an $#+ sha$#. > res(on%e% $+ as'in) the offi-er how m#-h of the %r#) he nee%e%. When he tol% him& > left& ret#rne% after a few min#tes with the sha$#& )a,e it to the offi-er& an% too' his mone+. > is A. liable for selling since the police operation was a valid entrapment. B. not lia$le for sellin) sin-e the (oli-e o(eration was an in,ali% entra(ment. C. lia$le for sellin) sin-e the (oli-e o(eration was a ,ali% form of insti)ation. . not lia$le sin-e the (oli-e o(eration was an in,ali% insti)ation.
11. :laintiff > sai% in his -i,il -om(laint for %ama)es that %efen%ant ?& em(lo+in) fra#%& -on,in-e% him to $#+ a %efe-ti,e ,ehi-le. ? file% a -riminal a-tion for li$el a)ainst > for mali-io#sl+ im(#tin) fra#% on him. Will the a-tion (ros(er if it t#rns o#t that the -i,il -om(laint for %ama)es was $aseless/ A. No, since pleadings filed in court are absolutely privileged. B. No& sin-e mali-e is not e,i %ent. C. ?es& )i,en the fa-t that the im(#tation of fra#% was $aseless. . ?es& (arties m#st state the tr#th in their (lea%in)s.
12. The maxim @N#ll#m -rimen n#la (oena sine le)e means that A. the a-t is -riminal at the time of its -ommission an% re-o)nie% as s#-h at the time of its -ommission $#t the (enalt+ therefor is (res-ri$e% in a s#$se"#entl+ ena-te% law. B. the a-t is -riminal an% (#nishe% #n%er an% (#rs#ant to -ommon law. C. there is a -rime for as lon) as the a-t is inherentl+ e,il. D. crime is a product of the law.
14. >& a ta$loi% -ol#mnist& wrote an arti-le %es-ri$in) ?& a (#$li- offi-ial& as st#(i%& -orr#(t& an% ha,in) amasse% ill3)otten wealth. > relie% on a so#r-e from ?6s own offi-e who fe% him the information. i% > -ommit li$el/ A. es, since the article was libelous and inconsistent with good faith and reasonable care. B. No& sin-e > $#t ma%e a fair -ommentar+ on a matter of (#$li- interest. C. No& sin-e >6s arti-le -onstit#tes (ri,ile)e% -omm#ni-ation. . No& sin-e he wrote his arti-le #n%er the free%om en*o+e% $+ the (ress.
17. The h#s$an% has for a lon) time (h+si-all+ an% mentall+ tort#re% his wife. After one e(iso%e of $eatin)& the wife too' the h#s$an%6s )#n an% shot him %ea%. n%er the -ir-#mstan-es& her a-t -onstit#tes A. miti)atin) ,in%i-ation of )ra,e offense.
B. battered woman syndrome, a complete self!defense. C. in-om(lete self3%efense. . miti)atin) (assion an% o$f#s-ation.
1!. There is ,iolation of Art. 419& R:C ther forms of Swin%lin)D where A. the owner of (ro(ert+ sells a (ro(ert+ an% s#$se"#entl+ res-in%s the sale. B. the real (ro(ert+ s#$*e-t of the sale %oes not exist. C. the (ro(ert+ was mort)a)e% for a #s#rio#s -ontra-t of loan. D. the owner disposes of his encumbered real property as if it is free from encumbrances.
19. >& a (oli-e offi-er& (la-e% a hoo% on the hea% of W& a s#s(e-te% %r#) (#sher& an% wat-he% as ? an% <& (oli-e trainees& $eat #( an% tort#re% W to )et his -onfession. > is lia$le as A. as a--om(li-e in ,iolation of the Anti3Tort#re A-t. B. a principal in violation of the Anti!"orture Act. C. a (rin-i(al in ,iolation of the Anti38ain) Law. . an a--om(li-e in ,iolation of the Anti38ain) Law.
1. r. Chow& a )o,ernment %o-tor& faile% to s#$mit his ail+ Time Re-or% TRD from an#ar+ to Mar-h 2000 an% %i% not )et a((ro,al of his si-' lea,e a((li-ation for A(ril $e-a#se of e,i%en-e that he was a-t#all+ moonli)htin) elsewhere. Th#s& the me%i-al ire-tor -a#se% the withhol%in) of his salar+ for the (erio%s in "#estion #ntil he s#$mitte% his TRs in Ma+ 2000. Can r. Chow (rose-#te the me%i-al %ire-tor for -a#sin) him #n%#e in*#r+ in ,iolation of the Anti35raft an% Corr#(t :ra-ti-es A-t/ A. ?es& sin-e the me%i-al ire-tor a-te% with e,i%ent $a% faith. B. No& sin-e the me%i-al %ire-tor has f#ll %is-retion in releasin) the salar+ of )o,ernment %o-tors. C. ?es& sin-e his salar+ was withhel% witho#t (rior hearin).
D. No, since Dr. Chow brought it upon himself, having failed to submit the re#uired D"Rs.
1;. When a (enal law is a$sol#tel+ re(eale% s#-h that the offense is %e-riminalie%& a (en%in) -ase -har)in) the a--#se% of the re(eale% -rime is to $e A. (rose-#te% still sin-e the -har)e was ,ali% when file%. B. dismissed without any precondition. C. %ismisse% (ro,i%e% the a--#se% is not a ha$it#al %elin"#ent. . (rose-#te% still sin-e the offen%e% (art+ has a ,este% interest in the re(eale% law.
1=. In mal,ersation of (#$li- f#n%s& the offen%er6s ret#rn of the amo#nt mal,erse% has the followin) effe-t A. It is ex-#l(ator+. B. It is in-#l(ator+& an a%mission of the -ommission of the -rime. C. The im(osa$le (enalt+ will %e(en% on what was not ret#rne%. D. $t is mitigating.
20. The ex-han)es of hi)hl+ offensi,e wor%s $etween two "#arrellin) women in the (resen-e of a -row% of (eo(le -onstit#te A. one -o#nt of )ra,e slan%er a)ainst the woman who #ttere% the more ins#ltin) ex(ressions. B. )ra,e slan%er a)ainst the woman who starte% it an% li)ht slan%er a)ainst the other woman. C. two separate counts of light slander, one for each woman. . two se(arate -o#nts of )ra,e slan%er& one a)ainst ea-h of them.
21. An+ (erson who& ha,in) fo#n% lost (ro(ert+& shall fail to %eli,er the same to the lo-al a#thorities or to its owner is lia$le for A. o--#(ation or #s#r(ation of (ersonal (ro(ert+.
B. -i,il %ama)es onl+. C. theft. . other %e-eits.
22. A -rime res#ltin) from ne)li)en-e& re-'less im(r#%en-e& la-' of foresi)ht or la-' of s'ill is -alle% A. %olo. B. culpa. C. tortio#s -rimes. . "#asi %eli-t.
24. To miti)ate his lia$ilit+ for infli-tin) (h+si-al in*#r+ to another& an a--#se% with a (h+si-al %efe-t m#st (ro,e that s#-h %efe-t restri-te% his free%om of a-tion an% #n%erstan%in). This (roof is not re"#ire% where the (h+si-al %efe-t -onsists of A. a se,ere% ri)ht han%. B. complete blindness. C. $ein) %eaf m#te an% %#m$. . a se,ere% le).
27. An exten#atin) -ir-#mstan-e& whi-h has the same effe-t as a miti)atin) -ir-#mstan-e& is exem(lifie% $+ A. the mother %illing her &!day old child to conceal her dishonor. B. the a--#se% -ommittin) theft o#t of extreme (o,ert+. C. the a--#se% ra(in) his ,i-tim in extreme state of (assion. . the a--#se% s#rren%erin) the wea(on he #se% in his -rime to the a#thorities.
2!. Three men )a,e Arnol% fist $lows an% 'i-'s -a#sin) him to fall. As the+ s#rro#n%e% an% -ontin#e% hittin) him& he )ra$$e% a 'nife he ha% in his (o-'et an% sta$$e% one of the men strai)ht to the heart. What -rime %i% Arnol% -ommit/ A. 8omi-i%e with in-om(lete self3%efense& sin-e he -o#l% ha,e r#n from his a))ressors. B. 8omi-i%e& sin-e he 'new that sta$$in) a (erson in the heart is fatal. C. 8omi-i%e miti)ate% $+ in-om(lete self3%efense& sin-e sta$$in) a (erson to the heart is ex-essi,e. D. No crime, since he needed to repel the aggression, employing reasonable means for doing so.
29. A& B& an% C a)ree% to ro$ a ho#se of its -ash. A an% B entere% the ho#se while C remaine% o#tsi%e as loo'o#t. After )ettin) the -ash& A an% B %e-i%e% to set the ho#se on fire to %estro+ an+ e,i%en-e of their (resen-e. What -rime or -rimes %i% C -ommit/ A. Ro$$er+ an% arson sin-e arson too' (la-e as an in-i%ent of the ro$$er+. B. Ro$$er+ an% arson sin-e C too' no ste( to sto( the arson. C. 'ust for robbery since he only agreed to it and served as loo%out. . A--om(li-e to ro$$er+ sin-e his role in the -rime was minimal.
2. >& a -o#rt em(lo+ee& wrote the (resi%in) *#%)e a letter& im(#tin) to ?& also a -o#rt em(lo+ee& the a-t of re-ei,in) an ex(ensi,e )ift from one of the (arties in a (en%in) -ase. Be-a#se of this& ? a--#se% > of li$el. oes ? nee% to (ro,e the element of mali-e in the -ase/ A. No& sin-e mali-e is self3e,i%ent in the letter. B. es, malice is not presumed since ( wrote the letter to the presiding )udge who has a duty to act on what it states. C. No& sin-e mali-e is (res#me% with res(e-t to %efamator+ im(#tations. . ?es& sin-e mali-e is not (res#me% in li$el.
2;. > 'ille% B& mista'enl+ $elie,in) that she was his wife& #(on s#r(risin) her ha,in) sex with another man in a motel room. What is the -riminal lia$ilit+ of >/
A. None sin-e he 'ille% her #n%er ex-e(tional -ir-#mstan-es. B. None sin-e he a-te% #n%er a mista'e of fa-t. C. :arri-i%e. D. *omicide.
2=. > %raws a -he-' #(on re"#est of ?& the (a+ee& who tol% > that he wo#l% merel+ show the -he-' to his -re%itor to )ain more time to (a+ his a--o#nt. The -he-' $o#n-e% #(on (resentation $+ the -re%itor. n%er the -ir-#mstan-es& who -an $e (rose-#te% for estafa $ase% on the %ishonore% -he-'/ A. as the one who negotiated the chec% contrary to the agreement B. > as the %rawer of the -he-' C. Both > an% ? $ase% on -ons(ira-+ . None
40. Ana ,isite% her %a#)hter Belen who wor'e% as Calo+6s ho#semai%. Calo+ was not at home $#t e$$ie& a -as#al ,isitor in the ho#se& ,er$all+ mali)ne% Belen in Ana6s (resen-e. Ir'e%& Ana assa#lte% e$$ie. n%er the -ir-#mstan-es& %wellin) is NT re)ar%e% as a))ra,atin) $e-a#se A. wellin) %i% nothin) to (ro,o'e Ana into assa#ltin) e$$ie. B. Calo+& the owner of the ho#se& was not (resent. C. Debbie is not a dweller of the house. . Belen& whom e$$ie mali)ne%& also %wells in the ho#se.
41. It is a matter of *#%i-ial 'nowle%)e that -ertain in%i,i%#als will 'ill others or -ommit serio#s offenses for no reason at all. For this reason& A. lac% of motive can result in conviction where the crime and the accused+s part in it are shown. B. moti,e is material onl+ where there is no e,i%en-e of -riminal intent.
C. la-' of moti,e (re-l#%es -on,i-tion. . the moti,e of an offen%er is a$sol#tel+ immaterial.
42. Minorit+ is a (ri,ile)e% miti)atin) -ir-#mstan-e whi-h o(erates to re%#-e the (enalt+ $+ a %e)ree where the -hil% is A. 1! +ears an% $elow a-tin) witho#t %is-ernment. B. a$o,e 1! +ears $#t $elow 1; a-tin) witho#t %is-ernment. C. below - years acting with discernment. . 1; +ears ol% at the time of the -ommission of the -rime a-tin) with %is-ernment.
44. The -rime of ro$$er+ in an inha$ite% ho#se or (#$li- $#il%in) is miti)ate% when the offen%ers A. entere% the ho#se #sin) false 'e+s. B. altho#)h arme% %i% not fire their wea(ons. C. entere% thro#)h a win%ow witho#t $rea'in) it. D. although armed too% property valued at only &//.
47. A (ri,ate (erson who assists the es-a(e of a (erson who -ommitte% ro$$er+ shall $e lia$le A. as a (rin-i(al to the -rime of ro$$er+. B. as an a--essor+ to the -rime of ro$$er+. C. as a principal to the crime of obstruction of )ustice. . as an a--essor+ to the -rime of o$str#-tion of *#sti-e.
4!. Whi-h amon) the followin) -ir-#mstan-es %o NT "#alif+ the -rime of 'i%na((in)/ A. The ,i-tim is 'ille% as a -onse"#en-e of the %etention.
B. "he offender is a public officer. C. Ransom is %eman%e%. . The ,i-tim is ra(e%.
49. Remo,in)& -on-ealin) or %estro+in) %o-#ments to %efra#% another -onstit#tes the -rime of estafa if -ommitte% $+ A. an+ (#$li- offi-er. B. a (#$li- offi-er offi-iall+ entr#ste% with the %o-#ment. C. (ri,ate in%i,i%#als who exe-#te% the same. D. private individuals.
4. a)ami -on-eale% B#)na6s $o%+ an% the fa-t that he 'ille% him $+ settin) B#)na6s ho#se on fire. What -rime or -rimes %i% a)ami -ommit/ A. M#r%er& the arson $ein) a$sor$e% alrea%+ B. 0eparate crimes of murder and arson C. Arson& the homi-i%e $ein) a$sor$e% alrea%+ . Arson with m#r%er as a -om(o#n% -rime
4;. Sam wrote a letter to his frien%s statin) that #%)e %on lo,es o$s-ene ma)aines an% 'ee(s these in his %es'. Char)e% with li$el& -an Sam (resent (roof that #%)e %on in%ee% lo,es o$s-ene ma)aines an% 'ee(s these in his %es'/ A. No& sin-e the im(#tation is not relate% to the %#ties of a *#%)e. B. No, since 0am does not impute a crime to 'udge 1don. C. No& sin-e Sam im(#tes the -ommission of a -rime to #%)e %on. . ?es& sin-e tr#th -an $e a ,ali% %efense in li$el.
4=. >& witho#t intent to 'ill& aime% his )#n at < an% fire% it& hittin) the latter who %ie% as a -onse"#en-e. n%er the -ir-#mstan-es A. ( cannot plead praetor intentionem since the intent to %ill is presumed from the %illing of the victim. B. > ma+ (lea% (raetor intentionem sin-e h e inten%e% onl+ to s-are& not 'ill <. C. > ma+ (lea% a$erratio i-t#s as he ha% no intention to hit <. . > ma+ (lea% -ommission of onl+ is-har)e of Firearm as he ha% no intent to 'ill < when he fire% his )#n.
70. Whi-h of the followin) statements -onstit#te In-itin) to Se%ition/ A. tteran-e of statements irritatin) or o$noxio#s to the ears of the (oli-e offi-ers. B. 0peeches extolling communism and urging the people to hold a national stri%e and paraly2e commerce and trade. C. Lea%ers of *ee(ne+ an% $#s asso-iations sho#tin) @B#'as t#lo+ an) wel)a han))an) sa ma)'a)#lo naG . S(ee-hes -allin) for resi)nation of hi)h )o,ernment offi-ials.
71. C#l(a -an either $e a -rime $+ itself or a mo%e of -ommittin) a -rime. C#l(a is a -rime $+ itself in A. re-'less im(r#%en-e res#ltin) in m#r%er. B. medical malpractice. C. serio#s (h+si-al In*#ries thr# re-'less im(r#%en-e. . -om(lex -rime of re-'less im(r#%en-e res#ltin) in serio#s (h+si-al in*#ries.
72. The miti)atin) -ir-#mstan-e of imme%iate ,in%i-ation of a )ra,e offense -annot $e a((re-iate% in a -ase where A. 3ollowing the %illing of his adopted brother, went to the place where it happened and %illed 0 whom he found there.
B. > 'ills ? who attem(te% to ra(e >6s wife. C. : se,erel+ maltreats S& a se(t#a)enarian& (rom(tin) the latter to 'ill him. . M 'ille% R who slan%ere% his wife.
74. To sa,e himself from -rashin) into an #nli)hte% tr#-' a$an%one% on the roa%& ose swer,e% his -ar to the ri)ht towar%s the )ra,ele% sho#l%er& 'illin) two $+stan%ers. Is he entitle% to the *#stif+in) -ir-#mstan-e of state of ne-essit+/ A. No& $e-a#se the $+stan%ers ha% nothin) to %o with the a$an%one% tr#-' on the roa%. B. No& $e-a#se the in*#r+ %one is )reater than the e,il to $e a,oi%e%. C. es, since the instinct of self!preservation ta%es priority in an emergency. . ?es& sin-e the $+stan%ers sho#l% ha,e 'e(t off the sho#l%er of the roa%.
77. The a--#se% was sho-'e% to %is-o,er his wife an% their %ri,er slee(in) in the master6s $e%room. #tra)e%& the a--#se% )ot his )#n an% 'ille% $oth. Can the a--#se% -laim that he 'ille% the two #n%er ex-e(tional -ir-#mstan-es/ A. No& sin-e the a--#se% ha% time to refle-t when he )ot his )#n. B. No, since the accused did not catch them while having sexual intercourse. C. ?es& sin-e the wife an% their %ri,er %ese-rate% the marital $e%. . ?es& sin-e the s-ene shows that the+ ha% an intimate relationshi(.
7!. The three a--#se% for-i$l+ too' their ,i-tim from his -ar $#t the latter s#--ee%e% in freein) himself from their )ri(. What -rime %i% the three a--#se% -ommit/ A. for-i$le a$%#-tion. B. fr#strate% 'i%na((in). C. attem(te% 'i%na((in). D. grave coercion.
79. ee(l+ enra)e% $+ his wife6s infi%elit+& the h#s$an% shot an% 'ille% her lo,er. The h#s$an% s#$se"#entl+ s#rren%ere% to the (oli-e. 8ow will the -o#rt a((re-iate the miti)atin) -ir-#mstan-es of iD (assion or o$f#s-ation& iiD ,in%i-ation of a )ra,e offense& an% iiiD ,ol#ntar+ s#rren%er that the h#s$an% in,o'e% an% (ro,e%/ A. It will a((re-iate (assion or o$f#s-ation an% ,ol#ntar+ s#rren%er as one miti)atin) -ir-#mstan-e an% ,in%i-ation of a )ra,e offense as another. B. It will a((re-iate all three miti)atin) -ir-#mstan-es se(aratel+. C. It will a((re-iate the three miti)atin) -ir-#mstan-es onl+ as one. D. $t will appreciate passion or obfuscation and vindication of a grave offense as )ust one mitigating circumstance and voluntary surrender as another.
7. The a))ra,atin) -ir-#mstan-e of #ninha$ite% (la-e is a))ra,atin) in m#r%er -ommitte% A. on a banca far out at sea. B. in a ho#se lo-ate% in -#l %e sa-. C. in a %ar' alle+ in Ton%o. . in a (artl+ o--#(ie% -on%omini#m $#il%in).
7;. The (enalt+ of (er(et#al or tem(orar+ s(e-ial %is"#alifi-ation for the exer-ise of the ri)ht of s#ffra)e %oes NT %e(ri,e the offen%er of the ri)ht A. to $e ele-te% to a (#$li- offi-e. B. to ,ote in an+ (o(#lar ele-tion for a (#$li- offi-e. C. to vote in a plebiscite. . to hol% an+ (#$li- offi-e.
7=. Witho#t meanin) an+thin)& < ha((ene% to stare into the e+e of one of fo#r men han)in) o#t $+ a store whi-h he (asse%. Ta'in) offense& the fo#r ma#le% an% ro$$e% him of his wa)es. < went home&
too' a 'nife& an% sta$$e% one of his atta-'ers to %eath. Char)e% with m#r%er& < ma+ raise the miti)atin) -ir-#mstan-e of A. (raeter intentionem. B. in-om(lete self3%efense (re-e%e% $+ #n%#e (ro,o-ation. C. passion or obfuscation. . -om(lete self3%efense.
!0. A (#$li- offi-er who imme%iatel+ ret#rns the $ri$e mone+ han%e% o,er to him -ommits A. no crime. B. attem(te% $ri$er+. C. -ons#mmate% $ri$er+. . fr#strate% $ri$er+.
!1. ire-t $ri$er+ is a -rime in,ol,in) moral t#r(it#%e. From whi-h of the followin) elements of %ire-t $ri$er+ -an moral t#r(it#%e $e inferre%/ A. The offen%er re-ei,es a )ift $+ himself or thro#)h another. B. The offen%er is a (#$li- offi-er. C. "he offender ta%es a gift with a view to committing a crime in exchange. . The a-t whi-h the offen%er a)rees to (erform or whi-h he exe-#tes is -onne-te% with his offi-ial %#ties.
!2. Ins#(era$le -a#se is an exem(tin) -ir-#mstan-e whi-h ma+ $e a((lie% to A. ro$$er+. B. misprision of treason. C. homi-i%e.
. re$ellion.
!4. Whi-h of the followin) -rimes is an ex-e(tion to the Territorialit+ R#le in Criminal law/ A. Hiolation of the Tra%emar' Law -ommitte% $+ an alien in the :hili((ines. B. For)er+ of S $an' notes -ommitte% in the :hili((ines. C. Crime -ommitte% $+ a Fili(ino in the %is(#te% S(ratl+6s Islan%. D. lunder committed at his place of assignment abroad by a hilippine public officer.
!7. >& ? an% < a)ree% amon) themsel,es to atta-' an% 'ill A& a (oli-e offi-er& $#t the+ left their home3ma%e )#ns in their ,ehi-le $efore a((roa-hin) him. What -rime ha,e the+ -ommitte%/ A. Cons(ira-+ to -ommit in%ire-t assa#lt. B. Attem(te% %ire-t assa#lt. C. Cons(ira-+ to -ommit %ire-t assa#lt. D. $llegal possession of firearms.
!!. n hearin) a hos(ital war% (atient on the next $e%& shrie'in) in (ain an% $e))in) to %ie& Mona sh#t off the ox+)en that was s#stainin) the (atient& res#ltin) in his %eath. What -rime if an+ %i % Mona -ommit/ A. 8omi-i%e. B. 4urder if she deliberated on her action. C. 5i,in) Assistan-e to S#i-i%e. . E#thanasia.
!9. When -ommitte% o#tsi%e the :hili((ine territor+& o#r -o#rts NT ha,e *#ris%i-tion o,er the -rime of A. treason.
B. (ira-+. C. es(iona)e. D. rebellion.
!. Moti,e is )enerall+ IMMATERIAL in %eterminin) -riminal lia$ilit+ E>CE:T when A. se,eral offen%ers -ommitte% the -rime $#t the -o#rt wants to as-ertain whi-h of them a-te% as lea%er. B. the e,i%en-e of the -rime -onsists of $oth %ire-t an% -ir-#mstantial e,i%en-e. C. as-ertainin) the %e)ree of (enalt+ that ma + $e im(ose% on the offen%er. D. the evidence of guilt of the accused is circumstantial.
!;. Whi-h of the followin) -ir-#mstan-es of %ishonor of a -he-' -an $e a $asis for (rose-#tion #n%er the $o#n-in) -he-'s law/ A. The -he-' was ret#rne% #n(ai% with stam( @sto( (a+ment& altho#)h the %rawer6s %e(osit was s#ffi-ient. B. "he chec%, drawn and issued in the hilippines, was dishonored by the drawee ban% in a foreign country. C. The -he-' was (resente% to the $an' for (a+ment 9 months after the %ate of iss#e. . The %rawer of the %ishonore% -he-' ( ai% its ,al#e within ! %a+s from noti-e of %ishonor.
!=. > an% his ste(3father ha,e a lon)3stan%in) enmit+. ne %a+& ir'e% $+ an ar)#ment with his ste(3 father& > smashe% the win%shiel% of his ste(3father6s $ran% new A#%i s(orts -ar. > is lia$le for A. mali-io#s mis-hief. B. mali-io#s mis-hief with the alternati,e miti)atin) -ir-#mstan-e of relationshi(. C. mali-io#s mis-hief with the alternati,e a))ra,atin) -ir-#mstan-e of relationshi(. D. the civil damage he caused.
90. The -lassifi-ation of felonies into )ra,e& less )ra,e& an% li)ht is im(ortant in as-ertainin) A. if certain crimes committed on the same occasion can be complexed. B. the -orre-t (enalt+ for -rimes -ommitte% thro#)h re-'less im(r#%en-e. C. whether the offen%er is lia$le as an a--om(li-e. . what sta)e of the felon+ has $een rea-he%.
91. A -hil% in -onfli-t with the law shall en*o+ all the ri)hts of a -hil% #ntil A. he is fo#n% to ha,e a-te% with %is-ernment. B. his minorit+ is setoff $+ some a))ra,atin) -ir-#mstan-e. C. he is proved to be - years or older. . he forfeits s#-h ri)hts $+ )ross mis-on%#-t an% immoralit+.
92. Mr. : owns a $oar%in) ho#se where he 'nowin)l+ allowe% -hil%ren to $e ,i%eota(e% while sim#latin) ex(li-it sex#al a-ti,ities. What is Mr. :6s -riminal lia$ilit+& if an+/ A. Corr#(tion of minors #n%er the :enal Co%e B. 5iolation of the Child ornography Act C. Hiolation of the Chil% A$#se Law . None
94. W allowe% a man to ha,e sex with her thin'in) that he was her h#s$an%. After realiin) that the man was not her h#s$an%& W sta$$e% him to %eath. n%er the -ir-#mstan-es& the miti)atin) -ir-#mstan-e in atten%an-e -onstit#tes A. %efense of honor. B. immediate vindication of a grave offense.
C. (assion or o$f#s-ation. . self3%efense.
97. The (res-ri(ti,e (erio% for $i)am+ is 1! +ears -o#nte% from the %ate of the A. discovery of the second marriage by the offended spouse. B. re)istration of the se-on% marria)e in the Lo-al Ci,il Re)istr+. C. -ele$ration or solemniation of the se-on% marria)e. . %is-o,er+ of the se-on% marria)e $+ the a#thorities.
9!. After (ro(erl+ wai,in) his Miran%a ri)hts& the offen%er le% the (oli-e to where he $#rie% the )#n he #se% in shootin) the ,i-tim. 8ow %oes this affe-t his lia$ilit+/ A. "his serves as an analogous mitigating circumstance of voluntary surrender. B. It has no effe-t at all sin-e the law (ro,i%es none. C. 8e is -onsi%ere% to ha,e -onfesse% to m#r%er. . This ser,es as a))ra,atin) -ir-#mstan-e of -on-ealment of wea(on.
99. A "#alif+in) a))ra,atin) -ir-#mstan-e A. changes the description and the nature of the offense. B. in-reases the (enalt+ to its next %e)ree $#t a$sor$s all the other a))ra,atin) -ir-#mstan-es. C. raises the (enalt+ $+ two (erio%s hi)her. . is one whi-h a((lies onl+ in -on*#n-tion with another a))ra,atin) -ir-#mstan-e.
9. > infli-te% serio#s in*#ries on ?. Be-a#se of %ela+ in (ro,i%in) me%i-al treatment to ?& he %ie%. Is > -riminall+ lia$le for the %eath of ?/
A. es because the delay did not brea% the causal connection between (+s felonious act and the in)uries sustained by . B. ?es $e-a#se an+ inter,enin) -a#se $etween the infli-tion of in*#r+ an% %eath is immaterial. C. No $e-a#se the infli-tion of in*#r+ was not the imme%iate -a#se of the %eath. . No $e-a#se the %ela+ in the a%ministration of the me%i-al treatment was an inter,enin) -a#se.
9;. In an attem(te% felon+& the offen%er6s (re(arator+ a-t A. itself -onstit#tes an offense. B. m#st seem -onne-te% to the inten%e% -rime. C. m#st not $e -onne-te% to the in ten%e% -rime. D. re#uires another act to result in a felony.
9=. > infli-te% ,iolent 'i-'s on ,ital (arts of E6s $o%+. E ne,ertheless was a$le to flee for fear of his life. Ref#sin) to #n%er)o treatment for his in*#ries& E %ie% 4 %a+s later. Is > lia$le for E6s %eath/ A. No& sin-e 'i-'s on the $o%+ -annot -a#se %eath. B. No& sin-e it too' too lon) for %eath to o--#r. C. ?es& sin-e E -annot $e -om(elle% to #n%er)o me%i-al treatment. D. es, since it was a natural result of the in)uries ( inflicted on 6.
0. A -riminal a-tion for ra(e is extin)#ishe% when the offen%er is for)i,en $+ A. the offender+s wife who herself is the rape victim. B. his wife for ha,in) ra(e% another woman. C. the ra(e ,i-tim6s h#s$an%. . the ra(e ,i-tim herself.
1. A $attere% woman -laimin) self3%efense #n%er the Anti3Hiolen-e a)ainst Women an% Chil%ren m#st (ro,e that the final a-#te $atterin) e(iso%e was (re-e%e% $+ A. 4 $atterin) e(iso%es. B. 7 $atterin) e(iso%es. C. ! $atterin) e(iso%es. D. & battering episodes.
2. A s(e-ial -om(lex -rime is a -om(osite -rime A. ma%e #( of 2 or more -rimes %efine% in the :enal Co%e. B. with its own definition and special penalty provided by the enal Code. C. with its own %efinition an% s(e-ial (enalt+ (ro,i%e% $+ a s(e-ial (enal law. . ma%e #( of 2 or more -rimes %efine% in the :enal Co%e an% s(e-ial (enal laws.
4. What -o#rt has *#ris%i-tion when an In%onesian -rew m#r%ers the Fili(ino -a(tain on $oar% a ,essel of R#ssian re)istr+ while the ,essel is an-hore% o#tsi%e the $rea'waters of the Manila $a+/ A. The In%onesian -o#rt. B. The R#ssian -o#rt. C. "he hilippine court. . An+ -o#rt that first asserts *#ris%i-tion o,er the -ase.
7. >& inten%in) to 'ill ?& a store owner& fire% at ? from the street& $#t the shot 'ille% not onl+ ? $#t also < who was in the store. As a -ase of a$erratio i-t#s& it is (#nisha$le as a A. -om(lex -rime (ro(er. B. s(e-ial -om(lex -rime. C. -ontin#in) -rime.
D. compound crime.
!. A (ro(osal to -ommit a felon+ is (#nisha$le onl+ when the law s(e-ifi-all+ (ro,i%es a (enalt+ for it as in the -ase of (ro(osal to -ommit A. rebellion. B. se%ition. C. es(iona)e. . hi)hwa+ ro$$er+.
This is Set A of the 2011 Bar Exams on Criminal Law. There are ! "#estions in all. The answers are $ol%e%.
1. Isa$el& a ho#semai%& ho#semai%& $ro'e into a (awnsho( intent on stealin) items items of *ewelr+ in it. She fo#n%& howe,er& howe,e r& that that the *ewelr+ were in a lo-'e% -hest. na$l na$le e to o(en it& she too' the -hest o#t of the sho(. What -rime %i% she -ommit/ A. Robbery in an uninhabited place or in a private building B. Theft C. Ro$$er+ in an inha$ite% ho#se or (#$li- $#il%in). . #alifie% theft
2. The alternati,e -ir-#mstan-e of relationshi( shall NT $e -onsi%ere% $etween A. mother3in3law an% %a#)hter3in3law. %a#)hter3in3law. B. a%o(te% son an% le)itimate nat#ral %a# )hter. C. aunt and nephew. . ste(father an% ste(son.
4. Arth#r& Arth#r& Ben& Ben& an% Cesar "#arrele% with 5len while the+ were at the latter6s latter6s ho#se. Enra)e%& Arth#r Arth#r re(eate%l+ sta$$e% 5len while Ben an% Cesar Cesar (inne% his arms. What a))ra,atin) -ir-#mstan-e if an+ atten%e% the 'illin) of 5len/ A. E,i%ent (reme%itation. B. None. C. Abuse of superior strength. . Trea-her+.
7. The (resen-e of a miti)atin) -ir-#mstan-e in a -rime A. in-reases the (enalt+ to its maxim#m (erio%. B. -han)es the )ra,it+ of the offense. C. affects the imposable penalty, depending on other modifying circumstances. . a#tomati-all+ re%#-es the (enalt+.
!. 8e is an a--om(li-e who A. a)ree% to ser,e as a loo'o#t after his -om(anions %e-i%e% %e-i%e% to m#r%er the ,i-tim. B. wat-he% "#ietl+ as the m#r%erer sta$$e% his ,i-tim. C. helped the murderer find the victim who was hiding to avoid detection. . (ro,i%e% no hel(& when he -an& to sa,e the ,i-tim from %+in).
9. :rin-i(les of (#$li- international law exem(t -ertain in%i,i%#als from the 5eneralit+ -hara-teristi-hara-teristiof -riminal law. Who amon) the followin) are NT exem(t from the 5eneralit+ r#le/ A. Ministers Resi%ent B. Commercial Attache of a foreign country C. Am$assa%or . Chiefs of Mission
. As a mo%if+in) mo%if+in) -ir-#mstan-e& insanit+ A. is in the nature of confession and avoidance. B. ma+ $e (res#me% from the offen%er6s (re,io#s $eha,ior. C. ma+ $e miti)atin) if its (resen-e $e-omes a((arent s#$se"#ent to the -ommission of the -rime.
. exem(ts the offen%er from -riminal lia$ilit+ whate,er the -ir-#mstan-es.
;. <eno an% :rimo as'e% Bert to )i,e them a s'et-h of the lo-ation of An%+6s ho#se sin-e the+ wante% to 'ill him. Bert a)ree% an% %rew them the s'et-h. <eno an% :rimo %ro,e to the (la-e an% 'ille% An%+. What -rime %i% Bert -ommit/ A. Accomplice to murder, since his cooperation was minimal. B. A--essor+ to m#r%er& sin-e his ma( fa-ilitate% the es-a(e of the two. C. None& sin-e he too' no ste( to ta'e (art in exe-#tin) the -rime. . :rin-i(al to m#r%er& sin-e he a-te% in -ons(ira-+ with <eno an% :rimo.
=. A (oli-e offi-er s#rre(titio#sl+ (la-e% a mari*#ana sti-' in a st#%ent6s (o-'et an% then arreste% him for (ossession of mari*#ana -i)arette. What -rime -an the (oli-e offi-er $e -har)e% with/ A. None& as it is a -ase of entra(ment B. nlawf#l arrest C. In-riminatin) an inno-ent (erson D. Complex crime of incriminating an innocent person with unlawful arrest
10. The (oli-e offi-er in -i,ilian -lothes as'e% > where he -an $#+ sha$#. > res(on%e% $+ as'in) the offi-er how m#-h of the %r#) he nee%e%. When he tol% him& > left& ret#rne% after a few min#tes with the sha$#& )a,e it to the offi-er& an% too' his mone+. > is A. liable for selling since the police operation was a valid entrapment. B. not lia$le for sellin) sin-e the (oli-e o(eration was an in,ali% entra(ment. C. lia$le for sellin) sin-e the (oli-e o(eration was a ,ali% form of insti)ation. . not lia$le sin-e the (oli-e o(eration was an in,ali% insti)ation.
11. :laintiff > sai% in his -i,il -om(laint for %ama)es that %efen%ant ?& em(lo+in) fra#%& -on,in-e% him to $#+ a %efe-ti,e ,ehi-le. ? file% a -riminal a-tion for li$el a)ainst > for mali-io#sl+ im(#tin) fra#% on him. Will the a-tion (ros(er if it t#rns o#t that the -i,il -om(laint for %ama)es was $aseless/ A. No, since pleadings filed in court are absolutely privileged. B. No& sin-e mali-e is not e,i %ent. C. ?es& )i,en the fa-t that the im(#tation of fra#% was $aseless. . ?es& (arties m#st state the tr#th in their (lea%in)s.
12. The maxim @N#ll#m -rimen n#la (oena sine le)e means that A. the a-t is -riminal at the time of its -ommission an% re-o)nie% as s#-h at the time of its -ommission $#t the (enalt+ therefor is (res-ri$e% in a s#$se"#entl+ ena-te% law. B. the a-t is -riminal an% (#nishe% #n%er an% (#rs#ant to -ommon law. C. there is a -rime for as lon) as the a-t is inherentl+ e,il. D. crime is a product of the law.
14. >& a ta$loi% -ol#mnist& wrote an arti-le %es-ri$in) ?& a (#$li- offi-ial& as st#(i%& -orr#(t& an% ha,in) amasse% ill3)otten wealth. > relie% on a so#r-e from ?6s own offi-e who fe% him the information. i% > -ommit li$el/ A. es, since the article was libelous and inconsistent with good faith and reasonable care. B. No& sin-e > $#t ma%e a fair -ommentar+ on a matter of (#$li- interest. C. No& sin-e >6s arti-le -onstit#tes (ri,ile)e% -omm#ni-ation. . No& sin-e he wrote his arti-le #n%er the free%om en*o+e% $+ the (ress.
17. The h#s$an% has for a lon) time (h+si-all+ an% mentall+ tort#re% his wife. After one e(iso%e of $eatin)& the wife too' the h#s$an%6s )#n an% shot him %ea%. n%er the -ir-#mstan-es& her a-t -onstit#tes A. miti)atin) ,in%i-ation of )ra,e offense.
B. battered woman syndrome, a complete self!defense. C. in-om(lete self3%efense. . miti)atin) (assion an% o$f#s-ation.
1!. There is ,iolation of Art. 419& R:C ther forms of Swin%lin)D where A. the owner of (ro(ert+ sells a (ro(ert+ an% s#$se"#entl+ res-in%s the sale. B. the real (ro(ert+ s#$*e-t of the sale %oes not exist. C. the (ro(ert+ was mort)a)e% for a #s#rio#s -ontra-t of loan. D. the owner disposes of his encumbered real property as if it is free from encumbrances.
19. >& a (oli-e offi-er& (la-e% a hoo% on the hea% of W& a s#s(e-te% %r#) (#sher& an% wat-he% as ? an% <& (oli-e trainees& $eat #( an% tort#re% W to )et his -onfession. > is lia$le as A. as a--om(li-e in ,iolation of the Anti3Tort#re A-t. B. a principal in violation of the Anti!"orture Act. C. a (rin-i(al in ,iolation of the Anti38ain) Law. . an a--om(li-e in ,iolation of the Anti38ain) Law.
1. r. Chow& a )o,ernment %o-tor& faile% to s#$mit his ail+ Time Re-or% TRD from an#ar+ to Mar-h 2000 an% %i% not )et a((ro,al of his si-' lea,e a((li-ation for A(ril $e-a#se of e,i%en-e that he was a-t#all+ moonli)htin) elsewhere. Th#s& the me%i-al ire-tor -a#se% the withhol%in) of his salar+ for the (erio%s in "#estion #ntil he s#$mitte% his TRs in Ma+ 2000. Can r. Chow (rose-#te the me%i-al %ire-tor for -a#sin) him #n%#e in*#r+ in ,iolation of the Anti35raft an% Corr#(t :ra-ti-es A-t/ A. ?es& sin-e the me%i-al ire-tor a-te% with e,i%ent $a% faith. B. No& sin-e the me%i-al %ire-tor has f#ll %is-retion in releasin) the salar+ of )o,ernment %o-tors. C. ?es& sin-e his salar+ was withhel% witho#t (rior hearin).
D. No, since Dr. Chow brought it upon himself, having failed to submit the re#uired D"Rs.
1;. When a (enal law is a$sol#tel+ re(eale% s#-h that the offense is %e-riminalie%& a (en%in) -ase -har)in) the a--#se% of the re(eale% -rime is to $e A. (rose-#te% still sin-e the -har)e was ,ali% when file%. B. dismissed without any precondition. C. %ismisse% (ro,i%e% the a--#se% is not a ha$it#al %elin"#ent. . (rose-#te% still sin-e the offen%e% (art+ has a ,este% interest in the re(eale% law.
1=. In mal,ersation of (#$li- f#n%s& the offen%er6s ret#rn of the amo#nt mal,erse% has the followin) effe-t A. It is ex-#l(ator+. B. It is in-#l(ator+& an a%mission of the -ommission of the -rime. C. The im(osa$le (enalt+ will %e(en% on what was not ret#rne%. D. $t is mitigating.
20. The ex-han)es of hi)hl+ offensi,e wor%s $etween two "#arrellin) women in the (resen-e of a -row% of (eo(le -onstit#te A. one -o#nt of )ra,e slan%er a)ainst the woman who #ttere% the more ins#ltin) ex(ressions. B. )ra,e slan%er a)ainst the woman who starte% it an% li)ht slan%er a)ainst the other woman. C. two separate counts of light slander, one for each woman. . two se(arate -o#nts of )ra,e slan%er& one a)ainst ea-h of them.
21. An+ (erson who& ha,in) fo#n% lost (ro(ert+& shall fail to %eli,er the same to the lo-al a#thorities or to its owner is lia$le for A. o--#(ation or #s#r(ation of (ersonal (ro(ert+.
B. -i,il %ama)es onl+. C. theft. . other %e-eits.
22. A -rime res#ltin) from ne)li)en-e& re-'less im(r#%en-e& la-' of foresi)ht or la-' of s'ill is -alle% A. %olo. B. culpa. C. tortio#s -rimes. . "#asi %eli-t.
24. To miti)ate his lia$ilit+ for infli-tin) (h+si-al in*#r+ to another& an a--#se% with a (h+si-al %efe-t m#st (ro,e that s#-h %efe-t restri-te% his free%om of a-tion an% #n%erstan%in). This (roof is not re"#ire% where the (h+si-al %efe-t -onsists of A. a se,ere% ri)ht han%. B. complete blindness. C. $ein) %eaf m#te an% %#m$. . a se,ere% le).
27. An exten#atin) -ir-#mstan-e& whi-h has the same effe-t as a miti)atin) -ir-#mstan-e& is exem(lifie% $+ A. the mother %illing her &!day old child to conceal her dishonor. B. the a--#se% -ommittin) theft o#t of extreme (o,ert+. C. the a--#se% ra(in) his ,i-tim in extreme state of (assion. . the a--#se% s#rren%erin) the wea(on he #se% in his -rime to the a#thorities.
2!. Three men )a,e Arnol% fist $lows an% 'i-'s -a#sin) him to fall. As the+ s#rro#n%e% an% -ontin#e% hittin) him& he )ra$$e% a 'nife he ha% in his (o-'et an% sta$$e% one of the men strai)ht to the heart. What -rime %i% Arnol% -ommit/ A. 8omi-i%e with in-om(lete self3%efense& sin-e he -o#l% ha,e r#n from his a))ressors. B. 8omi-i%e& sin-e he 'new that sta$$in) a (erson in the heart is fatal. C. 8omi-i%e miti)ate% $+ in-om(lete self3%efense& sin-e sta$$in) a (erson to the heart is ex-essi,e. D. No crime, since he needed to repel the aggression, employing reasonable means for doing so.
29. A& B& an% C a)ree% to ro$ a ho#se of its -ash. A an% B entere% the ho#se while C remaine% o#tsi%e as loo'o#t. After )ettin) the -ash& A an% B %e-i%e% to set the ho#se on fire to %estro+ an+ e,i%en-e of their (resen-e. What -rime or -rimes %i% C -ommit/ A. Ro$$er+ an% arson sin-e arson too' (la-e as an in-i%ent of the ro$$er+. B. Ro$$er+ an% arson sin-e C too' no ste( to sto( the arson. C. 'ust for robbery since he only agreed to it and served as loo%out. . A--om(li-e to ro$$er+ sin-e his role in the -rime was minimal.
2. >& a -o#rt em(lo+ee& wrote the (resi%in) *#%)e a letter& im(#tin) to ?& also a -o#rt em(lo+ee& the a-t of re-ei,in) an ex(ensi,e )ift from one of the (arties in a (en%in) -ase. Be-a#se of this& ? a--#se% > of li$el. oes ? nee% to (ro,e the element of mali-e in the -ase/ A. No& sin-e mali-e is self3e,i%ent in the letter. B. es, malice is not presumed since ( wrote the letter to the presiding )udge who has a duty to act on what it states. C. No& sin-e mali-e is (res#me% with res(e-t to %efamator+ im(#tations. . ?es& sin-e mali-e is not (res#me% in li$el.
2;. > 'ille% B& mista'enl+ $elie,in) that she was his wife& #(on s#r(risin) her ha,in) sex with another man in a motel room. What is the -riminal lia$ilit+ of >/
A. None sin-e he 'ille% her #n%er ex-e(tional -ir-#mstan-es. B. None sin-e he a-te% #n%er a mista'e of fa-t. C. :arri-i%e. D. *omicide.
2=. > %raws a -he-' #(on re"#est of ?& the (a+ee& who tol% > that he wo#l% merel+ show the -he-' to his -re%itor to )ain more time to (a+ his a--o#nt. The -he-' $o#n-e% #(on (resentation $+ the -re%itor. n%er the -ir-#mstan-es& who -an $e (rose-#te% for estafa $ase% on the %ishonore% -he-'/ A. as the one who negotiated the chec% contrary to the agreement B. > as the %rawer of the -he-' C. Both > an% ? $ase% on -ons(ira-+ . None
40. Ana ,isite% her %a#)hter Belen who wor'e% as Calo+6s ho#semai%. Calo+ was not at home $#t e$$ie& a -as#al ,isitor in the ho#se& ,er$all+ mali)ne% Belen in Ana6s (resen-e. Ir'e%& Ana assa#lte% e$$ie. n%er the -ir-#mstan-es& %wellin) is NT re)ar%e% as a))ra,atin) $e-a#se A. wellin) %i% nothin) to (ro,o'e Ana into assa#ltin) e$$ie. B. Calo+& the owner of the ho#se& was not (resent. C. Debbie is not a dweller of the house. . Belen& whom e$$ie mali)ne%& also %wells in the ho#se.
41. It is a matter of *#%i-ial 'nowle%)e that -ertain in%i,i%#als will 'ill others or -ommit serio#s offenses for no reason at all. For this reason& A. lac% of motive can result in conviction where the crime and the accused+s part in it are shown. B. moti,e is material onl+ where there is no e,i%en-e of -riminal intent.
C. la-' of moti,e (re-l#%es -on,i-tion. . the moti,e of an offen%er is a$sol#tel+ immaterial.
42. Minorit+ is a (ri,ile)e% miti)atin) -ir-#mstan-e whi-h o(erates to re%#-e the (enalt+ $+ a %e)ree where the -hil% is A. 1! +ears an% $elow a-tin) witho#t %is-ernment. B. a$o,e 1! +ears $#t $elow 1; a-tin) witho#t %is-ernment. C. below - years acting with discernment. . 1; +ears ol% at the time of the -ommission of the -rime a-tin) with %is-ernment.
44. The -rime of ro$$er+ in an inha$ite% ho#se or (#$li- $#il%in) is miti)ate% when the offen%ers A. entere% the ho#se #sin) false 'e+s. B. altho#)h arme% %i% not fire their wea(ons. C. entere% thro#)h a win%ow witho#t $rea'in) it. D. although armed too% property valued at only &//.
47. A (ri,ate (erson who assists the es-a(e of a (erson who -ommitte% ro$$er+ shall $e lia$le A. as a (rin-i(al to the -rime of ro$$er+. B. as an a--essor+ to the -rime of ro$$er+. C. as a principal to the crime of obstruction of )ustice. . as an a--essor+ to the -rime of o$str#-tion of *#sti-e.
4!. Whi-h amon) the followin) -ir-#mstan-es %o NT "#alif+ the -rime of 'i%na((in)/ A. The ,i-tim is 'ille% as a -onse"#en-e of the %etention.
B. "he offender is a public officer. C. Ransom is %eman%e%. . The ,i-tim is ra(e%.
49. Remo,in)& -on-ealin) or %estro+in) %o-#ments to %efra#% another -onstit#tes the -rime of estafa if -ommitte% $+ A. an+ (#$li- offi-er. B. a (#$li- offi-er offi-iall+ entr#ste% with the %o-#ment. C. (ri,ate in%i,i%#als who exe-#te% the same. D. private individuals.
4. a)ami -on-eale% B#)na6s $o%+ an% the fa-t that he 'ille% him $+ settin) B#)na6s ho#se on fire. What -rime or -rimes %i% a)ami -ommit/ A. M#r%er& the arson $ein) a$sor$e% alrea%+ B. 0eparate crimes of murder and arson C. Arson& the homi-i%e $ein) a$sor$e% alrea%+ . Arson with m#r%er as a -om(o#n% -rime
4;. Sam wrote a letter to his frien%s statin) that #%)e %on lo,es o$s-ene ma)aines an% 'ee(s these in his %es'. Char)e% with li$el& -an Sam (resent (roof that #%)e %on in%ee% lo,es o$s-ene ma)aines an% 'ee(s these in his %es'/ A. No& sin-e the im(#tation is not relate% to the %#ties of a *#%)e. B. No, since 0am does not impute a crime to 'udge 1don. C. No& sin-e Sam im(#tes the -ommission of a -rime to #%)e %on. . ?es& sin-e tr#th -an $e a ,ali% %efense in li$el.
4=. >& witho#t intent to 'ill& aime% his )#n at < an% fire% it& hittin) the latter who %ie% as a -onse"#en-e. n%er the -ir-#mstan-es A. ( cannot plead praetor intentionem since the intent to %ill is presumed from the %illing of the victim. B. > ma+ (lea% (raetor intentionem sin-e h e inten%e% onl+ to s-are& not 'ill <. C. > ma+ (lea% a$erratio i-t#s as he ha% no intention to hit <. . > ma+ (lea% -ommission of onl+ is-har)e of Firearm as he ha% no intent to 'ill < when he fire% his )#n.
70. Whi-h of the followin) statements -onstit#te In-itin) to Se%ition/ A. tteran-e of statements irritatin) or o$noxio#s to the ears of the (oli-e offi-ers. B. 0peeches extolling communism and urging the people to hold a national stri%e and paraly2e commerce and trade. C. Lea%ers of *ee(ne+ an% $#s asso-iations sho#tin) @B#'as t#lo+ an) wel)a han))an) sa ma)'a)#lo naG . S(ee-hes -allin) for resi)nation of hi)h )o,ernment offi-ials.
71. C#l(a -an either $e a -rime $+ itself or a mo%e of -ommittin) a -rime. C#l(a is a -rime $+ itself in A. re-'less im(r#%en-e res#ltin) in m#r%er. B. medical malpractice. C. serio#s (h+si-al In*#ries thr# re-'less im(r#%en-e. . -om(lex -rime of re-'less im(r#%en-e res#ltin) in serio#s (h+si-al in*#ries.
72. The miti)atin) -ir-#mstan-e of imme%iate ,in%i-ation of a )ra,e offense -annot $e a((re-iate% in a -ase where A. 3ollowing the %illing of his adopted brother, went to the place where it happened and %illed 0 whom he found there.
B. > 'ills ? who attem(te% to ra(e >6s wife. C. : se,erel+ maltreats S& a se(t#a)enarian& (rom(tin) the latter to 'ill him. . M 'ille% R who slan%ere% his wife.
74. To sa,e himself from -rashin) into an #nli)hte% tr#-' a$an%one% on the roa%& ose swer,e% his -ar to the ri)ht towar%s the )ra,ele% sho#l%er& 'illin) two $+stan%ers. Is he entitle% to the *#stif+in) -ir-#mstan-e of state of ne-essit+/ A. No& $e-a#se the $+stan%ers ha% nothin) to %o with the a$an%one% tr#-' on the roa%. B. No& $e-a#se the in*#r+ %one is )reater than the e,il to $e a,oi%e%. C. es, since the instinct of self!preservation ta%es priority in an emergency. . ?es& sin-e the $+stan%ers sho#l% ha,e 'e(t off the sho#l%er of the roa%.
77. The a--#se% was sho-'e% to %is-o,er his wife an% their %ri,er slee(in) in the master6s $e%room. #tra)e%& the a--#se% )ot his )#n an% 'ille% $oth. Can the a--#se% -laim that he 'ille% the two #n%er ex-e(tional -ir-#mstan-es/ A. No& sin-e the a--#se% ha% time to refle-t when he )ot his )#n. B. No, since the accused did not catch them while having sexual intercourse. C. ?es& sin-e the wife an% their %ri,er %ese-rate% the marital $e%. . ?es& sin-e the s-ene shows that the+ ha% an intimate relationshi(.
7!. The three a--#se% for-i$l+ too' their ,i-tim from his -ar $#t the latter s#--ee%e% in freein) himself from their )ri(. What -rime %i% the three a--#se% -ommit/ A. for-i$le a$%#-tion. B. fr#strate% 'i%na((in). C. attem(te% 'i%na((in). D. grave coercion.
79. ee(l+ enra)e% $+ his wife6s infi%elit+& the h#s$an% shot an% 'ille% her lo,er. The h#s$an% s#$se"#entl+ s#rren%ere% to the (oli-e. 8ow will the -o#rt a((re-iate the miti)atin) -ir-#mstan-es of iD (assion or o$f#s-ation& iiD ,in%i-ation of a )ra,e offense& an% iiiD ,ol#ntar+ s#rren%er that the h#s$an% in,o'e% an% (ro,e%/ A. It will a((re-iate (assion or o$f#s-ation an% ,ol#ntar+ s#rren%er as one miti)atin) -ir-#mstan-e an% ,in%i-ation of a )ra,e offense as another. B. It will a((re-iate all three miti)atin) -ir-#mstan-es se(aratel+. C. It will a((re-iate the three miti)atin) -ir-#mstan-es onl+ as one. D. $t will appreciate passion or obfuscation and vindication of a grave offense as )ust one mitigating circumstance and voluntary surrender as another.
7. The a))ra,atin) -ir-#mstan-e of #ninha$ite% (la-e is a))ra,atin) in m#r%er -ommitte% A. on a banca far out at sea. B. in a ho#se lo-ate% in -#l %e sa-. C. in a %ar' alle+ in Ton%o. . in a (artl+ o--#(ie% -on%omini#m $#il%in).
7;. The (enalt+ of (er(et#al or tem(orar+ s(e-ial %is"#alifi-ation for the exer-ise of the ri)ht of s#ffra)e %oes NT %e(ri,e the offen%er of the ri)ht A. to $e ele-te% to a (#$li- offi-e. B. to ,ote in an+ (o(#lar ele-tion for a (#$li- offi-e. C. to vote in a plebiscite. . to hol% an+ (#$li- offi-e.
7=. Witho#t meanin) an+thin)& < ha((ene% to stare into the e+e of one of fo#r men han)in) o#t $+ a store whi-h he (asse%. Ta'in) offense& the fo#r ma#le% an% ro$$e% him of his wa)es. < went home&
too' a 'nife& an% sta$$e% one of his atta-'ers to %eath. Char)e% with m#r%er& < ma+ raise the miti)atin) -ir-#mstan-e of A. (raeter intentionem. B. in-om(lete self3%efense (re-e%e% $+ #n%#e (ro,o-ation. C. passion or obfuscation. . -om(lete self3%efense.
!0. A (#$li- offi-er who imme%iatel+ ret#rns the $ri$e mone+ han%e% o,er to him -ommits A. no crime. B. attem(te% $ri$er+. C. -ons#mmate% $ri$er+. . fr#strate% $ri$er+.
!1. ire-t $ri$er+ is a -rime in,ol,in) moral t#r(it#%e. From whi-h of the followin) elements of %ire-t $ri$er+ -an moral t#r(it#%e $e inferre%/ A. The offen%er re-ei,es a )ift $+ himself or thro#)h another. B. The offen%er is a (#$li- offi-er. C. "he offender ta%es a gift with a view to committing a crime in exchange. . The a-t whi-h the offen%er a)rees to (erform or whi-h he exe-#tes is -onne-te% with his offi-ial %#ties.
!2. Ins#(era$le -a#se is an exem(tin) -ir-#mstan-e whi-h ma+ $e a((lie% to A. ro$$er+. B. misprision of treason. C. homi-i%e.
. re$ellion.
!4. Whi-h of the followin) -rimes is an ex-e(tion to the Territorialit+ R#le in Criminal law/ A. Hiolation of the Tra%emar' Law -ommitte% $+ an alien in the :hili((ines. B. For)er+ of S $an' notes -ommitte% in the :hili((ines. C. Crime -ommitte% $+ a Fili(ino in the %is(#te% S(ratl+6s Islan%. D. lunder committed at his place of assignment abroad by a hilippine public officer.
!7. >& ? an% < a)ree% amon) themsel,es to atta-' an% 'ill A& a (oli-e offi-er& $#t the+ left their home3ma%e )#ns in their ,ehi-le $efore a((roa-hin) him. What -rime ha,e the+ -ommitte%/ A. Cons(ira-+ to -ommit in%ire-t assa#lt. B. Attem(te% %ire-t assa#lt. C. Cons(ira-+ to -ommit %ire-t assa#lt. D. $llegal possession of firearms.
!!. n hearin) a hos(ital war% (atient on the next $e%& shrie'in) in (ain an% $e))in) to %ie& Mona sh#t off the ox+)en that was s#stainin) the (atient& res#ltin) in his %eath. What -rime if an+ %i % Mona -ommit/ A. 8omi-i%e. B. 4urder if she deliberated on her action. C. 5i,in) Assistan-e to S#i-i%e. . E#thanasia.
!9. When -ommitte% o#tsi%e the :hili((ine territor+& o#r -o#rts NT ha,e *#ris%i-tion o,er the -rime of A. treason.
B. (ira-+. C. es(iona)e. D. rebellion.
!. Moti,e is )enerall+ IMMATERIAL in %eterminin) -riminal lia$ilit+ E>CE:T when A. se,eral offen%ers -ommitte% the -rime $#t the -o#rt wants to as-ertain whi-h of them a-te% as lea%er. B. the e,i%en-e of the -rime -onsists of $oth %ire-t an% -ir-#mstantial e,i%en-e. C. as-ertainin) the %e)ree of (enalt+ that ma + $e im(ose% on the offen%er. D. the evidence of guilt of the accused is circumstantial.
!;. Whi-h of the followin) -ir-#mstan-es of %ishonor of a -he-' -an $e a $asis for (rose-#tion #n%er the $o#n-in) -he-'s law/ A. The -he-' was ret#rne% #n(ai% with stam( @sto( (a+ment& altho#)h the %rawer6s %e(osit was s#ffi-ient. B. "he chec%, drawn and issued in the hilippines, was dishonored by the drawee ban% in a foreign country. C. The -he-' was (resente% to the $an' for (a+ment 9 months after the %ate of iss#e. . The %rawer of the %ishonore% -he-' ( ai% its ,al#e within ! %a+s from noti-e of %ishonor.
!=. > an% his ste(3father ha,e a lon)3stan%in) enmit+. ne %a+& ir'e% $+ an ar)#ment with his ste(3 father& > smashe% the win%shiel% of his ste(3father6s $ran% new A#%i s(orts -ar. > is lia$le for A. mali-io#s mis-hief. B. mali-io#s mis-hief with the alternati,e miti)atin) -ir-#mstan-e of relationshi(. C. mali-io#s mis-hief with the alternati,e a))ra,atin) -ir-#mstan-e of relationshi(. D. the civil damage he caused.
90. The -lassifi-ation of felonies into )ra,e& less )ra,e& an% li)ht is im(ortant in as-ertainin) A. if certain crimes committed on the same occasion can be complexed. B. the -orre-t (enalt+ for -rimes -ommitte% thro#)h re-'less im(r#%en-e. C. whether the offen%er is lia$le as an a--om(li-e. . what sta)e of the felon+ has $een rea-he%.
91. A -hil% in -onfli-t with the law shall en*o+ all the ri)hts of a -hil% #ntil A. he is fo#n% to ha,e a-te% with %is-ernment. B. his minorit+ is setoff $+ some a))ra,atin) -ir-#mstan-e. C. he is proved to be - years or older. . he forfeits s#-h ri)hts $+ )ross mis-on%#-t an% immoralit+.
92. Mr. : owns a $oar%in) ho#se where he 'nowin)l+ allowe% -hil%ren to $e ,i%eota(e% while sim#latin) ex(li-it sex#al a-ti,ities. What is Mr. :6s -riminal lia$ilit+& if an+/ A. Corr#(tion of minors #n%er the :enal Co%e B. 5iolation of the Child ornography Act C. Hiolation of the Chil% A$#se Law . None
94. W allowe% a man to ha,e sex with her thin'in) that he was her h#s$an%. After realiin) that the man was not her h#s$an%& W sta$$e% him to %eath. n%er the -ir-#mstan-es& the miti)atin) -ir-#mstan-e in atten%an-e -onstit#tes A. %efense of honor. B. immediate vindication of a grave offense.
C. (assion or o$f#s-ation. . self3%efense.
97. The (res-ri(ti,e (erio% for $i)am+ is 1! +ears -o#nte% from the %ate of the A. discovery of the second marriage by the offended spouse. B. re)istration of the se-on% marria)e in the Lo-al Ci,il Re)istr+. C. -ele$ration or solemniation of the se-on% marria)e. . %is-o,er+ of the se-on% marria)e $+ the a#thorities.
9!. After (ro(erl+ wai,in) his Miran%a ri)hts& the offen%er le% the (oli-e to where he $#rie% the )#n he #se% in shootin) the ,i-tim. 8ow %oes this affe-t his lia$ilit+/ A. "his serves as an analogous mitigating circumstance of voluntary surrender. B. It has no effe-t at all sin-e the law (ro,i%es none. C. 8e is -onsi%ere% to ha,e -onfesse% to m#r%er. . This ser,es as a))ra,atin) -ir-#mstan-e of -on-ealment of wea(on.
99. A "#alif+in) a))ra,atin) -ir-#mstan-e A. changes the description and the nature of the offense. B. in-reases the (enalt+ to its next %e)ree $#t a$sor$s all the other a))ra,atin) -ir-#mstan-es. C. raises the (enalt+ $+ two (erio%s hi)her. . is one whi-h a((lies onl+ in -on*#n-tion with another a))ra,atin) -ir-#mstan-e.
9. > infli-te% serio#s in*#ries on ?. Be-a#se of %ela+ in (ro,i%in) me%i-al treatment to ?& he %ie%. Is > -riminall+ lia$le for the %eath of ?/
A. es because the delay did not brea% the causal connection between (+s felonious act and the in)uries sustained by . B. ?es $e-a#se an+ inter,enin) -a#se $etween the infli-tion of in*#r+ an% %eath is immaterial. C. No $e-a#se the infli-tion of in*#r+ was not the imme%iate -a#se of the %eath. . No $e-a#se the %ela+ in the a%ministration of the me%i-al treatment was an inter,enin) -a#se.
9;. In an attem(te% felon+& the offen%er6s (re(arator+ a-t A. itself -onstit#tes an offense. B. m#st seem -onne-te% to the inten%e% -rime. C. m#st not $e -onne-te% to the in ten%e% -rime. D. re#uires another act to result in a felony.
9=. > infli-te% ,iolent 'i-'s on ,ital (arts of E6s $o%+. E ne,ertheless was a$le to flee for fear of his life. Ref#sin) to #n%er)o treatment for his in*#ries& E %ie% 4 %a+s later. Is > lia$le for E6s %eath/ A. No& sin-e 'i-'s on the $o%+ -annot -a#se %eath. B. No& sin-e it too' too lon) for %eath to o--#r. C. ?es& sin-e E -annot $e -om(elle% to #n%er)o me%i-al treatment. D. es, since it was a natural result of the in)uries ( inflicted on 6.
0. A -riminal a-tion for ra(e is extin)#ishe% when the offen%er is for)i,en $+ A. the offender+s wife who herself is the rape victim. B. his wife for ha,in) ra(e% another woman. C. the ra(e ,i-tim6s h#s$an%. . the ra(e ,i-tim herself.
1. A $attere% woman -laimin) self3%efense #n%er the Anti3Hiolen-e a)ainst Women an% Chil%ren m#st (ro,e that the final a-#te $atterin) e(iso%e was (re-e%e% $+ A. 4 $atterin) e(iso%es. B. 7 $atterin) e(iso%es. C. ! $atterin) e(iso%es. D. & battering episodes.
2. A s(e-ial -om(lex -rime is a -om(osite -rime A. ma%e #( of 2 or more -rimes %efine% in the :enal Co%e. B. with its own definition and special penalty provided by the enal Code. C. with its own %efinition an% s(e-ial (enalt+ (ro,i%e% $+ a s(e-ial (enal law. . ma%e #( of 2 or more -rimes %efine% in the :enal Co%e an% s(e-ial (enal laws.
4. What -o#rt has *#ris%i-tion when an In%onesian -rew m#r%ers the Fili(ino -a(tain on $oar% a ,essel of R#ssian re)istr+ while the ,essel is an-hore% o#tsi%e the $rea'waters of the Manila $a+/ A. The In%onesian -o#rt. B. The R#ssian -o#rt. C. "he hilippine court. . An+ -o#rt that first asserts *#ris%i-tion o,er the -ase.
7. >& inten%in) to 'ill ?& a store owner& fire% at ? from the street& $#t the shot 'ille% not onl+ ? $#t also < who was in the store. As a -ase of a$erratio i-t#s& it is (#nisha$le as a A. -om(lex -rime (ro(er. B. s(e-ial -om(lex -rime. C. -ontin#in) -rime.
D. compound crime.
!. A (ro(osal to -ommit a felon+ is (#nisha$le onl+ when the law s(e-ifi-all+ (ro,i%es a (enalt+ for it as in the -ase of (ro(osal to -ommit A. rebellion. B. se%ition. C. es(iona)e. . hi)hwa+ ro$$er+.
