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Criminal Law

2017 Bar — Criminal Law

27 questions from the 2017 Philippine Bar examination in Criminal Law, with suggested answers.

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Q. V-b

To aid in the rebuilding and revival of Tacloban City and the surrounding areas that had been devastated by the strongest typhoon to hit the country in decades, the Government and other sectors, including NGOs, banded together in the effort. Among the NGOs was Bangon Waray, Inc. (BaWI), headed by Mr. Jose Ma. Gulang, its President and CEO. BaWI operated mainly as a social amelioration and charitable institution. For its activities in the typhoon-stricken parts of Leyte Province, BaWI received funds from all sources, local and foreign, including substantial amounts from legislators, local government officials and the EU. After several months, complaints were heard about the very slow distribution of relief goods and needed social services by BaWI. The COA reported the results of its audit to the effect that at least P10 Million worth of funds coming from public sources channeled to BaWI were not yet properly accounted for. The COA demanded reimbursement but BaWI did not respond. Hence, Mr. Gulang was criminally charged in the Office of the Ombudsman with malversation of public funds and failure of accountable officer to render accounts as respectively defined and punished by Art. 217 and Art. 218 of the Revised Penal Code. He was also charged with violation of Sec. 3(e) of R.A. No. 3019 for causing undue injury to the Government. In his defense, Mr. Gulang mainly contended that he could not be held liable under the various charges because he was not a public officer. (b) Discuss whether the crimes charged against Mr. Gulang are proper. Explain your answer. (3%)

Q. III-c

Overjoyed by the award to his firm of a multi-billion government contract for the development of an economic and tourism hub in the Province of Blank, Mr. Gangnam allotted the amount of P100 Million to serve as gifts for certain persons instrumental in his firm's winning the award. He gave 50% of that amount to Governor Datu, the official who had signed the contract with the proper authorization from the Sangguniang Panlalawigan; 25% to Bokal Diva, the Sangguniang Panlalawigan member who had lobbied for the award of the project in the Sangguniang Panlalawigan; and 25% to Mayor Dolor of the Municipality where the project would be implemented. Governor Datu received his share through his wife, Provincial First Lady Dee, who then deposited the amount in her personal bank account. Previously, upon facilitation by Bokal Diva, Mr. Gangnam concluded an agreement with Mayor Dolor for the construction of the Blank Sports Arena worth P800 Million. The project was highly overpriced because it could be undertaken and completed for not more than P400 Million. For this project, Mayor Dolor received from Mr. Gangnam a gift of P10 Million, while Bokal Diva got P25 Million. In both instances, Bokal Diva had her monetary gifts deposited in the name of her secretary, Terry, who personally maintained a bank account for Bokal Diva's share in government projects. (c) What provisions of R.A. No. 3019 (Anti-Graft & Corrupt Practices Act), if any, were violated by any of the above-named individuals, specifying the persons liable therefor? Explain your answer. (4%)

Q. II-b

Sixteen-year-old Aliswan prodded Amethyst, his girlfriend, to remove her clothing while they were secretly together in her bedroom late one evening. Failing to get a positive response from her, he forcibly undressed her. Apprehensive about rousing the attention of the household who did not know of his presence inside her room, she resisted him with minimal strength, but she was really sobbing in a muffled manner. He then undressed himself while blocking the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then sitting alone on a sofa in the sala, saw him leave his daughter's room naked. Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst's former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed Allesso. Aliswan immediately went into hiding afterwards. Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante wanted to teach Aliswan a lesson he would never forget. Amante set out the next day to look for Aliswan in his school. There, Amante found a young man who looked very much like Aliswan. Amante immediately rushed and knocked the young man unconscious on the pavement, and then draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG TULARAN. Everyone else in the school was shocked upon witnessing what had just transpired, unable to believe that the timid and quiet Alisto, Aliswan's identical twin brother, had committed rape. (b) Before the trial court, Aliswan moved that the cases should be dismissed because he was entitled to the exempting circumstance of minority. Is his motion correct? Explain your answer. (3%)

Q. II-c

Sixteen-year-old Aliswan prodded Amethyst, his girlfriend, to remove her clothing while they were secretly together in her bedroom late one evening. Failing to get a positive response from her, he forcibly undressed her. Apprehensive about rousing the attention of the household who did not know of his presence inside her room, she resisted him with minimal strength, but she was really sobbing in a muffled manner. He then undressed himself while blocking the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then sitting alone on a sofa in the sala, saw him leave his daughter's room naked. Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst's former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed Allesso. Aliswan immediately went into hiding afterwards. Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante wanted to teach Aliswan a lesson he would never forget. Amante set out the next day to look for Aliswan in his school. There, Amante found a young man who looked very much like Aliswan. Amante immediately rushed and knocked the young man unconscious on the pavement, and then draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG TULARAN. Everyone else in the school was shocked upon witnessing what had just transpired, unable to believe that the timid and quiet Alisto, Aliswan's identical twin brother, had committed rape. (c) After receiving medical attendance for 10 days, Alisto consulted you about filing the proper criminal complaint against Amante. What crimes, if any, will you charge Amante with? Explain your answer. (3%)

Q. II-d

Sixteen-year-old Aliswan prodded Amethyst, his girlfriend, to remove her clothing while they were secretly together in her bedroom late one evening. Failing to get a positive response from her, he forcibly undressed her. Apprehensive about rousing the attention of the household who did not know of his presence inside her room, she resisted him with minimal strength, but she was really sobbing in a muffled manner. He then undressed himself while blocking the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then sitting alone on a sofa in the sala, saw him leave his daughter's room naked. Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst's former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed Allesso. Aliswan immediately went into hiding afterwards. Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante wanted to teach Aliswan a lesson he would never forget. Amante set out the next day to look for Aliswan in his school. There, Amante found a young man who looked very much like Aliswan. Amante immediately rushed and knocked the young man unconscious on the pavement, and then draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG TULARAN. Everyone else in the school was shocked upon witnessing what had just transpired, unable to believe that the timid and quiet Alisto, Aliswan's identical twin brother, had committed rape. (d) Answering the criminal complaint filed by Alisto, Amante contended that he had incurred no criminal liability for lack of criminal intent on his part, his intended victim being Aliswan, not Alisto. What is this defense of Amante, and explain if the same will prosper? (3%)

Q. III-d

Overjoyed by the award to his firm of a multi-billion government contract for the development of an economic and tourism hub in the Province of Blank, Mr. Gangnam allotted the amount of P100 Million to serve as gifts for certain persons instrumental in his firm's winning the award. He gave 50% of that amount to Governor Datu, the official who had signed the contract with the proper authorization from the Sangguniang Panlalawigan; 25% to Bokal Diva, the Sangguniang Panlalawigan member who had lobbied for the award of the project in the Sangguniang Panlalawigan; and 25% to Mayor Dolor of the Municipality where the project would be implemented. Governor Datu received his share through his wife, Provincial First Lady Dee, who then deposited the amount in her personal bank account. Previously, upon facilitation by Bokal Diva, Mr. Gangnam concluded an agreement with Mayor Dolor for the construction of the Blank Sports Arena worth P800 Million. The project was highly overpriced because it could be undertaken and completed for not more than P400 Million. For this project, Mayor Dolor received from Mr. Gangnam a gift of P10 Million, while Bokal Diva got P25 Million. In both instances, Bokal Diva had her monetary gifts deposited in the name of her secretary, Terry, who personally maintained a bank account for Bokal Diva's share in government projects. (d) What crimes under the Revised Penal Code, if any, were committed, specifying the persons liable therefor? Explain your answer. (4%)

Q. V-a

To aid in the rebuilding and revival of Tacloban City and the surrounding areas that had been devastated by the strongest typhoon to hit the country in decades, the Government and other sectors, including NGOs, banded together in the effort. Among the NGOs was Bangon Waray, Inc. (BaWI), headed by Mr. Jose Ma. Gulang, its President and CEO. BaWI operated mainly as a social amelioration and charitable institution. For its activities in the typhoon-stricken parts of Leyte Province, BaWI received funds from all sources, local and foreign, including substantial amounts from legislators, local government officials and the EU. After several months, complaints were heard about the very slow distribution of relief goods and needed social services by BaWI. The COA reported the results of its audit to the effect that at least P10 Million worth of funds coming from public sources channeled to BaWI were not yet properly accounted for. The COA demanded reimbursement but BaWI did not respond. Hence, Mr. Gulang was criminally charged in the Office of the Ombudsman with malversation of public funds and failure of accountable officer to render accounts as respectively defined and punished by Art. 217 and Art. 218 of the Revised Penal Code. He was also charged with violation of Sec. 3(e) of R.A. No. 3019 for causing undue injury to the Government. In his defense, Mr. Gulang mainly contended that he could not be held liable under the various charges because he was not a public officer. (a) Who is a public officer? (2%)

Q. II-a

Sixteen-year-old Aliswan prodded Amethyst, his girlfriend, to remove her clothing while they were secretly together in her bedroom late one evening. Failing to get a positive response from her, he forcibly undressed her. Apprehensive about rousing the attention of the household who did not know of his presence inside her room, she resisted him with minimal strength, but she was really sobbing in a muffled manner. He then undressed himself while blocking the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then sitting alone on a sofa in the sala, saw him leave his daughter's room naked. Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst's former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed Allesso. Aliswan immediately went into hiding afterwards. Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante wanted to teach Aliswan a lesson he would never forget. Amante set out the next day to look for Aliswan in his school. There, Amante found a young man who looked very much like Aliswan. Amante immediately rushed and knocked the young man unconscious on the pavement, and then draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG TULARAN. Everyone else in the school was shocked upon witnessing what had just transpired, unable to believe that the timid and quiet Alisto, Aliswan's identical twin brother, had committed rape. (a) A criminal complaint for attempted rape with homicide was brought against Aliswan in the Prosecutor's Office. However, after preliminary investigation, the Investigating Prosecutor recommended the filing of two separate informations—one for attempted rape and the other for homicide. Do you agree with the recommendation? Explain your answer. (3%)

Q. IV-b

Maita was the object of Solito's avid sexual desires. Solito had attempted many times to entice Maita to a date in bed with him but Maita had consistently refused. Fed up with all her rejections, Solito abducted Maita around 7 p.m. one night. With his cohorts, Solito forced Maita into a Toyota Innova and drove off with her to a green-painted house situated in a desolate part of the town. There, Solito succeeded in having carnal knowledge of Maita against her will. Meanwhile, the police authorities were tipped off that at 11:30 p.m. on that same night Solito would be selling marijuana outside the green-painted house. Acting on the tip, the PNP station of the town formed a buy-bust team with PO2 Masahol being designated the poseur buyer. During the buy-bust operation, Solito opened the trunk of the Toyota Innova to retrieve the bag of marijuana to be sold to PO2 Masahol. To cut the laces that he had tied the bag with, Solito took out a Swiss knife, but his doing so prompted PO2 Masahol to effect his immediate arrest out of fear that he would attack him with the knife. PO2 Masahol then confiscated the bag of marijuana as well as the Toyota Innova. (b) While the Prosecution was presenting its evidence in Branch 29, Branch 8 convicted Solito. Immediately after the judgment of conviction was promulgated, Solito filed in both Branches a motion for the release of the Toyota Innova. He argued and proved that he had only borrowed the vehicle from his brother, the registered owner. Branch 8 granted the motion but Branch 29 denied it. Were the two courts correct in their rulings? Explain your answer. (5%)