2020 Bar — Criminal Law

Interviewed for a newspaper, a former beauty queen revealed that when she was 16 years old, she had her first sexual intercourse with her ex-boyfriend, who was then 28 years old. In her narration, she said that she did not know what she was doing and noted that her ex-boyfriend of a more advanced age misled her to doing what he wanted. She added that, at certain points during the encounter, she repeatedly said no but her ex-boyfriend was just too strong for her. The ex-boyfriend left her shortly thereafter. Was there a crime committed by the ex-boyfriend? Explain briefly.

One Sunday afternoon, while standing at the corner of C.P. Garcia and Katipunan Avenues, an off-duty police officer accosted a motorcycle rider and asked him to alight. The off-duty police officer then inspected the motorcycle's compartment box. Pretending that a sachet of shabu was found, the off-duty police officer demanded P1,000.00 in order to prevent an arrest. Fearful of being incarcerated for life for a crime that was not really committed, the motorcycle rider readily complied. Unknown to the off-duty police officer, a surveillance camera caught the entire incident. Will a charge of robbery prosper against the off-duty police officer? Explain briefly.

To motivate their eight-year-old daughter to study well and have a better future, her parents resorted to making her kneel on rice spread on the floor, spanking her with a bamboo stick, or requiring her to stand in the rain for hours if her grades fell below 80 in any subject. Did the parents commit a crime? Explain briefly.

An estranged married couple decided to separate. As part of their amicable settlement, they agreed to ask their 14-year-old child to choose a parent with whom to live. The child chose the mother. Displeased, the husband ceased providing for the child's tuition and the wife's support. The husband was a vice president of a highly profitable company. Did the husband commit any crime? Explain briefly.

While a person was passing through a construction site for a new Hall of Justice building, construction workers shouted: "Hoy bakla, halika rito at haplusin mo 'ko!" "Hoy bakla, ang pangit mo!" "Bakla, mukha ka pa ring lalaki kahit ano'ng gawin mo!" The person victimized by these remarks asks you: Was a crime committed by the workers who shouted these statements? Explain briefly.

During one of their intense operational meetings, the campaign manager of a presidential candidate openly suggested, "Dapat ipapatay na lang natin ang mga bumabangga sa kandidato na 'yun." Later, the campaign manager was charged with the crime of Proposal to commit murder. Can the campaign manager be convicted of the offense charged? Explain briefly.

During a Senate hearing in aid of legislation, a Senator's staff member took a resource person's mobile phone without their consent or knowledge. While the hearing was ongoing, the staff member read the resource person's messages contained in the mobile phone and hurriedly wrote notes which were passed to the Senator. Thereafter, the staff surreptitiously returned the mobile phone. The resource person would not have noticed that the mobile phone was taken had it not been for a TikTok video posted by a journalist who was present during the hearing. The TikTok video caught the entire act of the Senator's staff member. The TikTok video even had accompanying music and narration. The video became viral. Can the staff member be liable for theft of the mobile phone? Explain briefly.

A person arrested for playing cara y cruz was charged with violation of Presidential Decree No. 1602 or the Anti-Gambling Law. The lawyer for the accused argues that the case should be dismissed based on an exempting circumstance, which is that the accused is poor. The lawyer argues that unlike those who gamble in big casinos with astronomical sums of money, cara y cruz is the accused's only means of entertainment. In addition, the lawyer explains that gamblers from China, where gambling is illegal, are even welcomed in the Philippines. Is the lawyer's argument legally tenable? Explain briefly.

While attending to an Enhanced Community Quarantine barangay checkpoint, a barangay tanod confronted a resident for non-essential travel. Infuriated by the barangay tanod's tone, the resident punched the tanod's head. The barangay tanod fell, sustained brain hemorrhage, and died as a result. Charged with Homicide, the resident denies liability, arguing that there can be no conviction if there is no intent to cause the barangay tanod's death. Is the resident's defense tenable? Explain briefly.

In an act of rage while playing golf, a high-ranking public official hit a caddy with a golf club at hole number 9 of a golf course. The caddy fell and died immediately. The public official called a loyal security guard who did not witness the incident. The security guard was instructed to put the caddy's lifeless body in the golf cart and dump it in the nearby lake. The public official wanted to make it appear that the caddy died of drowning. The corpus delicti of the crime was discovered. Both the high-ranking public official and the security guard were charged as co-conspirators for the crime of Homicide. Can the security guard be convicted as a principal to the crime of Homicide? Explain briefly.

The head of a big company's human resources division copied and shared an employee's physical and email address, birthdate, civil status, and some photos with a friend who found the employee attractive. Did the head of the human resources division commit a crime? Explain briefly.

A prisoner who had been convicted, but whose appeal was pending, died due to complications caused by COVID-19. Should the prisoner's pending appeal be dismissed as a consequence? Explain briefly.

While executing a search warrant, a police officer pocketed and absconded with the mobile phone of the occupant of the premises being searched. The mobile phone was not the subject of the search warrant. It was not enumerated in the order. Did the police officer commit a crime? Explain briefly.

A crime defined in the Revised Penal Code is punishable by arresto menor. Finding the accused guilty beyond reasonable doubt of the crime, should the judge apply the Indeterminate Sentence Law? Explain briefly.

The accused in a pending case forcibly snatched the daughter of a judge and kept her in an undisclosed location. The accused then called to tell the judge that the daughter would only be released if the judge would acquit the accused in the pending case. Did the accused commit a crime with these acts? Explain briefly.