Criminal Law, 2012 Bar — Question 1

MULTIPLE CHOICE

The wife of AAA predeceased his mother-in-law. AAA was accused of defrauding his mother-in-law under a criminal information for estafa, but the actual recital of facts of the offense charged therein, if proven, would constitute not only the crime of estafa, but also falsification of public document as a necessary means for committing estafa. AAA invokes the absolutory cause of relationship by affinity. Which statement is most accurate? (A) The relationship by affinity created between AAA and the blood relatives of his wife is dissolved by the death of his wife and the absolutory cause of relationship by affinity is therefore no longer available to AAA. (B) The death of spouse does not severe the relationship by affinity which is an absolutory cause available to AAA for estafa through falsification of public document. (C) If AAA commits in a public document the act of falsification as a necessary means to commit estafa, the relationship by affinity still subsists as an absolutory cause for estafa which should be considered separately from the liability for falsification of public document because there is no specific penalty prescribed for the complex crime of estafa through falsification of public document. (D) Considering that under the given situation, the two (2) crimes of estafa and falsification of public document are not separate crimes but component crimes of the single complex crime of estafa and falsification of public document, the absolutory cause of relationship by affinity is not available to AAA.

You can write freely without an account. Sign in to reveal the suggested answer and track your progress.