2007 Bar Exam in Criminal Law

1. Penalties

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(10%)
What are the penalties that may be served simultaneously?

2. Shabu Session

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(10%)

Tiburcio asked Anastacio to join their group for a “session.” Thinking that it was for a mahjong session,

Anastacio agreed. Upon reaching Tiburcio’s house, Anastacio discovered that it was actually a shabu session.

At that precise time, the place was raided by the police, and Anastacio was among those arrested.

What crime can Anastacio be charged with, if any?

Explain your answer.

3. Frustrated Robbery, Theft and Homicide

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(10%)
Jervis and Marlon asked their friend, Jonathan, to help them rob a bank. Jervis and Marlon went inside the bank, but were unable to get any money from the vault because the same was protected by a time-delay mechanism. They contented themselves with the customers’ cellphones and a total of P5,000 in cash. After they dashed out of the bank and rushed into the car, Jonathan pulled the car out of the curb, hitting a pedestrian which resulted in the latter’s death.

What crime or crimes did Jervis, Marlon and Jonathan commit? Explain your answer.

4. Destierro, Illegal Drug

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(10%)
Macky, a security guard, arrived home late one night after rendering overtime. He was shocked to see Joy, his wife, and Ken, his best friend, in the act of having sexual intercourse. Macky pulled out his service gun and shot and killed Ken. Macky was charged with murder for the death of Ken.

The court found that Ken died under exceptional circumstances and exonerated Macky of murder but sentenced him to destierro, conformably with Article 247 of the Revised Penal Code. The court also ordered Macky to pay indemnity to the heirs of the victim in the amount of P50,000.

(a) Did the court correctly order Macky to pay indemnity even though he was exonerated of murder? Explain your answer.

(b) While serving his sentence, Macky entered the prohibited area and had a pot session with Ivy (Joy’s sister). Is Macky entitled to an indeterminate sentence in case he is found guilty of use of prohibited substances? Explain your answer.

5. Accomplice, Conspirator, Qualified Seduction

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(10%)
(a) Distinguish between an accomplice and a conspirator.

(b) What are the three (3) classes of offenders in the crime of qualified seduction? Give an example of each.

6. Inciting to Sedition

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(10%)
What are the different acts of inciting to sedition?

7. Fake Healer

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(10%)
Eddie brought his son Randy to a local faithhealer known as “Mother Himala.” He was diagnosed by the faithhealer as being possessed by an evil spirit. Eddie thereupon authorized the conduct of a “treatment” calculated to drive the “spirit” from the boy’s body. Unfortunately, the procedure conducted resulted in the boy’s death.

The faithhealer and three others who were part of the healing ritual were charged with murder and convicted by the lower court. If you were the appellate court Justice, would you sustain the conviction upon appeal? Explain your answer.

8. Kupit

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(10%)
Fe is the manager of a rice mill in Bulacan. In order to support a gambling debt, Fe made it appear that the rice mill was earning less than it actually was by writing in a “talaan” or ledger a figure lower than what was collected and paid by their customers. Fe then pocketed the difference. What crime/s did Fe commit, if any? Explain your answer.

9. Reckless Imprudence Resulting Into Frustrated Homicide

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(10%)
During a concert of Gary V., and in order to prevent the crowd from rushing to the stage, Rafael Padilla (a security guard) pointed his gun at the onrush of people. When the crowd still pushed forward, Rafael fired his gun into the air to scare them off. However, the bullet hit one of the metal roof supports, ricocheted and then hit one of the stage crew members, causing injuries which resulted in the latter’s confinement in a hospital for twelve days.

What crime/s did Rafael commit? Explain your answer.

10. Threat

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(10%)
Pinky was a lessee of a market stall owned by Giovanni. When Pinky refused to pay her rental, Giovanni nailed some wooden barricades on one of the sides of the market stall and posted this warning: “We have closed this portion of the door. Do not open it or else something may happen to you.”

What crime/s did Giovanni commit, if any? Explain your answer.