2012 Bar Question

8/17/2019 2012 Bar Question

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2012 BAR EXAMINATIONSCRIMINAL LAW

21 October 2012 2:00 P.M. - 3:30 P.M.

Set A

MULTIPLE CHOICE QUESTIONS (MCQs)INSTRUCTIONS

The following questionnaire consists of seventy-five !"# M$%s nu&bere' 1 u( to ! " containe' inT)*+T, T** 23# (ages.

/nswer each question on the M$% /nswer heet by sha'ing co&(letely the a((ro(riate circlecorres(on'ing to the letter you have chosen. ea' the Maring nstructions on the /nswer heet#

/ voi' erasures on the /nswer heet. f you nee' to &ae corrections erase co&(letely the answeryou want to change.

4o not e5(lain your answers in the M$% (ortion of the e5a&. ,ou will not earn any cre'it for that.

6ee( the /nswer heet clean. 4o not &ae unnecessary &ars on it. 4o not fol' roll scratch cru&(leor tear it.

,ou &ay write on the questionnaire an' use it as scratch (a(er but &ae sure to transfer your answerto the /nswer heet. Provi'e a&(le ti&e to transfer the answers if you choose to 'o this.

/nswer first the M$%s co&(letely before going to the essay-ty(e questions.

/+4 + ,O7 /+)* **T. T** +O +**4 TO *T7+ T %7*TO++/* TOT* */4 )/T$*.

8OO497$6

;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; MARTIN S. VILLARAMA, JR.

Chairperson2012 Bar Examinations Committee

PLEASE CHEC THAT THIS SET CONTAINS TWENT! "OUR (2#) PA$ES (INCLU%IN$ THISPA$E).

WARNIN$& NOT "OR SALE OR UNAUTHORI'E% USE

CRIMINAL LAW

1. The wife of /// (re'ecease' his &other-in-law. /// was accuse' of 'efrau'ing his&other-in-law un'er a cri&inal infor&ation for estafa but the actual recital of facts of


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the offense charge' therein if (roven woul' constitute not only the cri&e of estafa butalso falsification of (ublic 'ocu&ent as a necessary &eans for co&&itting estafa. ///invoes the absolutory cause of relationshi( by affinity. )hich state&ent is &ostaccurate<

a. The relationshi( by affinity create' between /// an' the bloo' relatives of hiswife is 'issolve' by the 'eath of his wife an' the absolutory cause ofrelationshi( by affinity is therefore no longer available to ///.

b. The 'eath of.s(ouse 'oes not severe the relationshi( by affinity which is anabsolutory cause available to /// for estafa through falsification of (ublic'ocu&ent.

c. f /// co&&its in a (ublic 'ocu&ent the act of falsification as a necessary&eans to co&&it estafa the relationshi( by affinity still subsists as anabsolutory cause for estafa which shoul' be consi'ere' se(arately fro& theliability for falsification of (ublic 'ocu&ent because there is no s(ecific (enalty

(rescribe' for the co&(le5 cri&e of estafa through falsification of (ublic'ocu&ent.

'. $onsi'ering that un'er the given situation the two 2# cri&es of estafa an'falsification of (ublic 'ocu&ent are not se(arate cri&es but co&(onent cri&esof the single co&(le5 cri&e of estafa an' falsification of (ublic 'ocu&ent theabsolutory cause of relationshi( by affinity is not available to ///.

2. 7n'er which of the following circu&stances is an accuse' not liable for the result notinten'e'<

a. /ccuse' is not cri&inally liable for the result not inten'e' when there is &istae

in the i'entity of the victi&.

b. /ccuse' is not cri&inally liable for the result not inten'e' when there is &istaein the blow.

c. /ccuse' is not cri&inally liable for the result not inten'e' when the wrongful actis not the (ro5i&ate cause of the resulting in=ury.

'. /ccuse' is not cri&inally liable for the result not inten'e' when there is &istaeof fact constituting an involuntary act.

3. $an there be a frustrate' i&(ossible cri&e<

a. ,es. )hen the cri&e is not (ro'uce' by reason of the inherent i&(ossibility ofits acco&(lish&ent it is a frustrate' i&(ossible cri&e.

b. +o. There can be no frustrate' i&(ossible cri&e because the &eans e&(loye'to acco&(lish the cri&e is ina'equate or ineffectual.

c. ,es. There can be a frustrate' i&(ossible cri&e when the act (erfor&e' woul'


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be an offense against (ersons.

'. +o. There can be no frustrate' i&(ossible because the offen'er has alrea'y(erfor&e' the acts for the e5ecution of the cri&e.

>. ?? an' his two 2# sons (ositione' the&selves outsi'e the house of the victi&. The two2@ sons stoo' by the stairs in front of the house while the father waite' at the bac.The victi& =u&(e' out of the win'ow an' was &et by ?? who instantly hace' hi&. Thetwo 2# sons =oine' hacing the victi& to 'eath. They voluntarily surren'ere' to the(olice. ow will the atten'ant circu&stances be (ro(erly a((reciate'<

a. Treachery an' abuse of su(erior strength qualify the illing to &ur'er.

b. Only treachery qualifies the illing to &ur'er because abuse of su(erior strengthis absorbe' by treachery.

c. Treachery is the qualifying aggravating circu&stance while abuse of su(erior

strength is treate' as a generic aggravating circu&stance.

'. The qualifying circu&stance of treachery or abuse of su(erior strength can beoffset by the &itigating circu&stance of voluntary surren'er.

". )hich of the following circu&stances &ay be taen into account for the (ur(ose ofincreasing the (enalty to be i&(ose' u(on the convict<

a. /ggravating . circu&stances which in the&selves constitute a cri&e s(ecially(unishable by law.

b. /ggravating circu&stances which are inherent in the cri&e to such a 'egree

that they &ust of necessity acco&(any the cri&e.

c. /ggravating circu&stances which arise fro& the &oral attributes of the offen'er.

'. /ggravating circu&stances which are inclu'e' by the law in 'efining a cri&e.

A. )ho a&ong the following convicts are not entitle' to the benefits of the ln'eter&e'iateentence 9aw<

a. Those who are reci'ivists.

b. Those whose &a5i&u& ter& of i&(rison&ent e5cee's one 1# year.

c. Those convicte' of inciting to se'ition.

'. Those convicte' of &is(rision of treason.

!. Pro(osal to co&&it felony is (unishable only in cases in which the law s(ecifically(rovi'es a (enalty therefor. 7n'er which of the following instances. are (ro(onents


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+OT liable<

a. Pro(osal to co&&it cou( 'Betat.

b. Pro(osal to co&&it se'ition.

c. Pro(osal to co&&it rebellion.

'. Pro(osal to co&&it treason.

C. // &isre(resente' to the co&(lainant that he ha' the (ower influence authority an'business to obtain overseas e&(loy&ent u(on (ay&ent of (lace&ent fee. // 'ulycollecte' the (lace&ent fee fro& co&(lainant. /s (er certification of the Phili((ineOverseas *&(loy&ent /'&inistration // 'i' not (ossess any authority or license foroverseas e&(loy&ent. s it (ro(er to file two 2# se(arate nfor&ations for illegalrecruit&ent un'er the 9abor $o'e an' for estafa by &eans of 'eceit<

a. +o. The filing of two 2# se(arate nfor&ations for illegal recruit&ent un'er the9abor $o'e an' for estafa by &eans of 'eceit for the sa&e act is violative of the(rinci(le against 'ouble =eo(ar'y.

b. +o. One nfor&ation for a co&(le5 cri&e of illegal recruit&ent with estafa by&eans of 'eceit shoul' be file' instea' of two 2# se(arate nfor&ations.

c. +o. / (erson convicte' of illegal recruit&ent un'er the 9abor $o'e &ay not forthe sa&e act be se(arately convicte' of estafa by &eans of 'eceit.

'. ,es. / (erson convicte' of illegal recruit&ent un'er the 9abor $o'e &ay for thesa&e act be se(arately convicte' of estafa by &eans of 'eceit.

D. )hen are light felonies (unishable<

a. 9ight felonies are (unishable in all stages of e5ecution.

b. 9ight felonies are (unishable only when consu&&ate'.

c. 9ight felonies are (unishable only when consu&&ate' with the e5ce(tion ofthose co&&itte' against (ersons or (ro(erty.

'. 9ight felonies are (unishable only when co&&itte' against (ersons or (ro(erty.

10. // was a((ointe' for a two-year ter& to serve the une5(ire' (ortion of a resigne'(ublic official. 4es(ite being 'isqualifie' after the la(se of the two-year ter& P/continue' to e5ercise the 'uties an' (owers of the (ublic office to which a((ointe'.)hat is the cri&inal liability of //<

a. // is cri&inally liable for &alfeasance in office.


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b. // is cri&inally liable for (rolonging (erfor&ance of 'uties an' (owers.

c. // is cri&inally liable for 'isobeying request for 'isqualification.

'. // incurs no cri&inal liability because there is no in'ication that he cause'(re=u'ice to anyone.

11. ?or treachery to qualify illing to &ur'er the evi'ence &ust show:

a. The ti&e when the accuse' 'eci'e' to e&(loy treachery the overt act&anifestly in'icating that he clung to such 'eter&ination an' a sufficient la(seof ti&e between the 'ecision an' the e5ecution allowing hi& to reflect u(on theconsequence of his act.

b. 7nlawful aggression reasonable necessity of the &eans to (revent or re(el theaggression an' lac of sufficient (rovocation on the (art of the victi&.

c. That the accuse' e&(loye' such &eans &etho's or &anner to ensure hissafety fro& the 'efensive or retaliatory acts of the victi& an' the &o'e ofattac was consciously a'o(te'.

'. /ctual su''en (hysical assault or threat to inflict real i&&inent in=ury to anunsus(ecting victi&.

12. )hat is the cri&inal liability if any of a (regnant wo&an who trie' to co&&it suici'e by(oison but she 'i' not 'ie an' the fetus in her wo&b was e5(elle' instea'<

a. The wo&an who trie' to co&&it suici'e is not cri&inally liable because thesuici'e inten'e' was not consu&&ate'.

b. The wo&an who trie' to co&&it suici'e is cri&inally liable for unintentionalabortion which is (unishable when cause' by violence.

c. The wo&an who trie' to co&&it suici'e is cri&inally liable for abortion thatresulte' 'ue to the (oison that she ha' taen to co&&it suici'e.

'. The wo&an who trie' to co&&it suici'e occurs no cri&inal liability for the resultnot inten'e'.

13. $hris Erown was convicte' of a co&(le5 cri&e of 'irect assault with ho&ici'eaggravate' by the co&&ission of the cri&e in a (lace where (ublic authorities are

engage' in the 'ischarge of their 'uties. The (enalty for ho&ici'e is reclusion te&(oral.On the other han' the (enalty for 'irect assault is (ns10n correccional in its &e'iu&an' &a5i&u& (erio's. )hat is the correct in'eter&inate (enalty<

a. Twelve 12# years of (rision &ayor as &ini&u& to twenty 20# years of reclusionten1(oral as &a5i&u&.

b. Ten 1 0# years of (rision &ayor as &ini&u& to seventeen 1!# years an' four


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># &onths of reclusion te&(oral as &a5i&u&.

c. *ight C# years of (rision &ayor as &ini&u& to eighteen 1C# years an' four >#&onths of reclusion te&(oral as &a5i&u&.

'. Twelve 12# years of (rision &ayor as &ini&u& to seventeen 1!# years an'four ># &onths of reclusion te&(oral as &a5i&u&.

1>. / C an' $ organiFe' a &eeting in which the au'ience was incite' to the co&&issionof the cri&e of se'ition. o&e of the (ersons (resent at the &eeting were carryingunlicense' firear&s. )hat cri&e if any was co&&itte' by / C an' $ as well as thosewho were carrying unlicense' firear&s an' those who were &erely (resent at the&eeting<

a. nciting to se'ition for / C an' $ an' illegal (ossession of firear&s for thosecarrying unlicense' firear&s.

b. nciting to se'ition for / C an' $ an' those carrying unlicense' firear&s.

c. llegal asse&bly for / C $ an' all those (resent at the &eeting.

'. $ons(iracy to co&&it se'ition for / E $ an' those (resent at the &eeting.

1". s the cri&e of theft co&&itte' by a (erson who with intent to gain taes a worthlesschec belonging to another without the latterBs consent<

a. ,es. /ll the ele&ents of the cri&e of theft are (resent: that there be taing of(ersonal (ro(ertyG that the (ro(erty belongs to anotherG an' that the taing be'one with intent to gain an' without the consent of the owner.

b. +o. The taing of the worthless chec which has no value woul' not a&ount tothe cri&e of theft because of the legal i&(ossibility to co&&it the inten'e'cri&e.

c. ,es. Theft is co&&itte' even if the worthless chec woul' be subsequently'ishonore' because the taer ha' intent to gain fro& the chec at the ti&e ofthe taing.

'. ,es. Theft is co&&itte' because the factual i&(ossibility to gain fro& the checwas not nown to the taer or beyon' his control at the ti&e of taing.

1A. E was convicte' by final =u'g&ent of theft. )hile serving sentence for such offense Ewas foun' in (ossession of an unlicense' firear&. s E a quasi-reci'ivist<

a. E is a quasi-reci'ivist because he was serving sentence when foun' in(ossession of an unlicense' firear&.

b. E is not a quasi-reci'ivist because the offense for which he was serving


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sentence is 'ifferent fro& the secon' offense.

c. E is not a quasi-reci'ivist because the secon' offense is not a felony.

'. E is not a quasi-reci'ivist because the secon' offense was co&&itte' while stillserving for the first offense.

1!. )hat cri&e is co&&itte' by one who 'efrau's another by taing un'ue a'vantage ofthe signature of the offen'e' (arty in a blan chec an' by writing the (ayee an'a&ount of the chec to the (re=u'ice of the offen'e' (arty<

a. estafa with unfaithfulness or abuse of confi'enceG

b. estafa by false (retenseG

c. estafa through frau'ulent &eansG

'. estafa by other 'eceits.

1C. )hat cri&e is co&&itte' by a (erson who ills a three-'ay ol' baby<

a. infantici'eG

b. ho&ici'eG

c. &ur'erG

'. (arrici'e.

1D. )hat cri&e is co&&itte' by a (erson who ills his legiti&ate brother on the occasion ofa (ublic cala&ity<

a. (arrici'eG

b. ho&ici'eG

c. &ur'erG

'. 'eath cause' in a tu&ultuous affray.

20. )hat is the cri&e co&&itte' by any (erson who without reasonable groun' arrests or'etains another for the (ur(ose of 'elivering hi& to the (ro(er authorities<

a. unlawful arrestG

b. illegal 'etentionG


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c. arbitrary 'etentionG

'. grave coercion.

21. / ille' M. /fter the illing / went to the Earangay $hair&an of the (lace of inci'ent tosee (rotection against the retaliation of MBs relatives. May voluntary surren'er bea((reciate' as a &itigating circu&stance in favor of /<

a. ,es. / surren'ere' to the Earangay $hair&an who is a (erson in authority.

b. ,es. The surren'er of / woul' save the authorities the trouble an' e5(ense forhis arrest.

c. +o. / 'i' not uncon'itionally sub&it hi&self to the authorities in. or'er toacnowle'ge his (artici(ation in the illing or to save the authorities the troublean' e5(enses necessary for his search an' ca(ture.

'. +o. The surren'er to the Earangay $hair&an is not a surren'er to the (ro(erauthorities.

22. )ho a&ong the following is liable for estafa<

a. The seller of a la(to( co&(uter who faile' to infor& the buyer that the la(to(ha' a 'efect.

b. The (erson who ran away with a cell (hone which was han'e' to hi& u(on his(retense that he ha' to &ae an e&ergency call.

c. The (erson who assure' he will (ay interest on the a&ount but faile' to 'o soas (ro&ise'.

'. The son who in'uce' his father to buy fro& hi& a lan' which the son is nolonger the owner.

23. )hat is the nature of the circu&stance which is involve' in the i&(osition of the&a5i&u& ter& of the in'eter&inate sentence<

a. qualifying circu&stanceG

b. aggravating circu&stanceG

c. &o'ifying circu&stanceG

'. analogous circu&stance.

2>. / E an' $ all seventeen 1!# years of age waite' for nightti&e to avoi' 'etection an'to facilitate the i&(le&entation of their (lan to rob 8. They entere' the roo& of 8through a win'ow. 7(on instruction of / 8 o(ene' her vault while C was (oing a nifeat her. /cting as looout $ ha' alrea'y o(ene' the &ain 'oor of the house when the


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hel(er was awaene' by the (lea'ing of 8 to / an' E to =ust tae the &oney fro& thevault without har&ing her. )hen the hel(er shoute' for hel( u(on seeing 8 with / an'E insi'e the roo& C stabbe' 8 an' ran towar's the 'oor leaving the house with $. /also left the house after taing the &oney of 8 fro& the vault. 8 was brought to thehos(ital where she 'ie' as a result of the woun' inflicte' by E. 7n'er the given facts

are / E an' $ e5e&(t fro& cri&inal liability< f not what is the (ro(er charge againstthe& or any of the&<

a. / E an' $ being un'er eighteen 1C# years of age at the ti&e of theco&&ission of the offense are e5e&(t fro& cri&inal liability an' shoul' be&erely sub=ecte' to intervention (rogra& for chil' in conflict with the law.

b. There being no in'ication of having acte' with 'iscern&ent / E an' $ aree5e&(t fro& cri&inal liability sub=ect to a((ro(riate (rogra&s in consultationwith the (erson having custo'y over the chil' in conflict with the taw or the localsocial welfare an' 'evelo(&ent officer.

c. $onsi'ering the given facts which &anifest 'iscern&ent / E an' $ are note5e&(t fro& cri&inal liability an' shoul' be charge' with the co&(le5 cri&e ofrobbery with ho&ici'e sub=ect to auto&atic sus(ension of sentence u(onfin'ing of guilt.

'. 7n'er the given facts / C an' $ are not e5e&(t fro& cri&inal liability becausethey cons(ire' to co&&it robbery for which they shoul' be collectively charge'as (rinci(als an' in a''ition E shoul' be se(arately charge' with ho&ici'e forthe 'eath of 8 sub=ect to 'iversion (rogra&s for chil'ren over 1" an' un'er 1Cwho acte' with 'iscern&ent.

2". The guar' was entruste' with the conveyance or custo'y of a 'etention (risoner who

esca(e' through his negligence. )hat is the cri&inal liability of the esca(ing (risoner<

a. The esca(ing (risoner 'oes not incur cri&inal liability.

b. The esca(ing (risoner is liable for evasion through negligence.

c. The esca(ing (risoner is liable for conniving with or consenting to evasion.

'. The esca(ing (risoner is liable for evasion of service of sentence.

2A. )hat cri&e is co&&itte' when a (erson assu&es the (erfor&ance of 'uties an'(owers of a (ublic office or e&(loy&ent without first being sworn in<

a. antici(ation of 'uties of a (ublic officeG

b. usur(ation of authorityG

c. (rohibite' transactionG

'. unlawful a((oint&ent.


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2!. )hat cri&e is co&&itte' by a (ublic officer who before the acce(tance of hisresignation shall aban'on his office to the 'etri&ent of the (ublic service in or'er toeva'e the 'ischarge of the 'uties of (reventing (rosecuting or (unishing the cri&e oftreason<

a. aban'on&ent of office or (ositionG

b. qualifie' aban'on&ent of officeG

c. &is(rision of treasonG

'. negligence in the (rosecution of offense.

2C. The ey ele&ent in a cri&e of (arrici'e other than the fact of illing is the relationshi( of the offen'er to the victi&. )hich one of the following circu&stances constitutes(arrici'e<

a. Offen'er illing the illegiti&ate 'aughter of his legiti&ate son.

b. Offen'er illing his illegiti&ate gran'son.

c. Offen'er illing his co&&on-law wife.

'. Offen'er illing his illegiti&ate &other.

2D. )hat is the &ini&u& age of cri&inal res(onsibility<

a. a@ fifteen 1"# years ol' or un'er

b. nine D# years ol' or un'er

c. above nine D# years ol' an' un'er fifteen 1"# who acte' with 'iscern&ent

'. above fifteen 1"# years ol' an' un'er eighteen 1C# who acte' with'iscern&ent

30. )hen the a'o(tion of a chil' is effecte' un'er the nter-$ountry /'o(tion /ct for the(ur(ose of (rostitution what is the (ro(er charge against the offen'er who is a (ublicofficer in relation to the e5(loitative (ur(ose<

a. acts that (ro&ote trafficing in (ersonsG

b. trafficing in (ersonsG

c. qualifie' trafficing in (ersonsG

'. use of traffice' (erson.

31. )hat cri&e is co&&itte' when a &other ills the three-'ay ol' chil' of her husban'


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with their 'aughter<

a. (arrici'eG

b. infantici'eG

c. &ur'erG

'. ho&ici'e.

32. )hen is a cri&e 'ee&e' to have been co&&itte' by a ban'<

a. )hen ar&e' &en at least four ># in nu&ber tae 'irect (art in the e5ecutionof the act constituting the cri&e.

b. )hen three 3# ar&e' &en act together in the co&&ission of the cri&e.

c. )hen there are four ># ar&e' (ersons one of who& is a (rinci(al byin'uce&ent.

'. )hen there are four ># &alefactors one of who& is ar&e'.

33. The (erio' of (robation of the offen'er sentence' to a ter& of one 1# year shall note5cee':

a. two 2# yearsG

b. si5 A# yearsG

c. one 1# yearG

'. three 3# yearsG

3>. )hat is the cri&inal liability if any of a &ayor who without being authoriFe' by lawco&(els (rostitutes resi'ing in his city to go to an' live in another (lace against theirwill<

a. The &ayor is cri&inally liable for violation of 'o&icile.

b. The &ayor is cri&inally liable for e5(ulsion.

c. The &ayor is cri&inally liable for grave coercion.

'. The &ayor incurs no cri&inal liability because he &erely wants to (rotect theyouth against the in'ecency of the (rostitutes.

3". ow is the cri&e of cou( 'Betat co&&itte'<

a. Ey rising (ublicly an' taing ar&s against the 8overn&ent for the (ur(ose of


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'e(riving the $hief *5ecutive of any of his (owers or (rerogatives.

b. )hen a (erson hol'ing (ublic e&(loy&ent un'ertaes a swift attacacco&(anie' by strategy or stealth 'irecte' against (ublic utilities or otherfacilities nee'e' for the e5ercise an' continue' (ossession of (ower for the

(ur(ose of 'i&inishing state (ower.

c. )hen (ersons rise (ublicly an' tu&ultuously in or'er to (revent by force the+ational 8overn&ent fro& freely e5ercising its function.

'. )hen (ersons circulate scurrilous libels against the 8overn&ent which ten' toinstigate others to &eet together or to stir u( the (eo(le against the lawfulauthorities.

3A. )hat is the (ro(er charge against (ublic officers or e&(loyees who being incons(iracy with the rebels faile' to resist a rebellion by all &eans in their (ower orshall continue to 'ischarge the 'uties of their offices un'er the control of the rebels or

shall acce(t a((oint&ent to office un'er the&<

a. 'isloyalty of (ublic officers or e&(loyeesG

b. rebellionG

c. cons(iracy to co&&it rebellionG

'. 'ereliction of 'uty.

3!. )hat is the (ro(er charge against a (erson who without taing ar&s or being in o(enhostility against the 8overn&ent shall incite others to 'e(rive $ongress of its

legislative (owers by &eans of s(eeches or writings<

a. inciting to se'itionG

b. inciting to rebellion or insurrectionG

c. cri&e against legislative bo'yG

'. unlawful use of &eans of (ublication or unlawful utterances.

3C. )hat is the cri&e co&&itte' when a grou( of (ersons entere' the &unici(al buil'ingrising (ublicly an' taing u( ar&s in (ursuance of the &ove&ent to (revent e5ercise ofgovern&ental authority with res(ect to the resi'ents of the &unici(ality concerne' forthe (ur(ose of effecting changes in the &anner of governance an' re&oving suchlocality un'er their control fro& allegiance to the laws of the 8overn&ent<

a. se'itionG

b. cou( 'BetatG


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c. insurrectionG

'. (ublic 'isor'er.

3D. )hen is a 'isturbance of (ublic or'er 'ee&e' to be tu&ultuous<

a. The 'isturbance shall be 'ee&e' tu&ultuous i f cause' by &ore than three 3#(ersons who are ar&e' or (rovi'e' with &eans of violence.

b. The 'isturbance shall be 'ee&e' tu&ultuous when a (erson causes a serious'isturbance in a (ublic (lace or 'isturbs (ublic (erfor&ance function orgathering.

c. The 'isturbance shall be 'ee&e' tu&ultuous when &ore than three 3# (ersons&ae any outcry ten'ing to incite rebellion or se'ition or shout subversive or(rovocative wor's to obtain any of the ob=ectives of rebellion or se'ition.

'. The 'isturbance shall be 'ee&e' tu&ultuous when at least four ># (ersons(artici(ate in a free-for-all-fight assaulting each other in a confuse' an'tu&ultuous &anner.

>0. )hat is the cri&inal liability if any of a (olice officer who while $ongress was insession arreste' a &e&ber thereof for co&&itting a cri&e (unishable by a (enaltyhigher than (rision &ayor<

a. The (olice officer is cri&inally liable for violation of (arlia&entary i&&unitybecause a &e&ber of $ongress is (rivilege' fro& arrest while $ongress is insession.

b. The (olice officer is cri&inally liable for 'isturbance of (rocee'ings because thearrest was &a'e while $ongress was in session.

c. The (olice officer incurs no cri&inal liability because the &e&ber of $ongresshas co&&itte' a cri&e (unishable by a (enalty higher than (rision &ayor.

'. The (olice officer is cri&inally liable for violation of (arlia&entary i&&unitybecause (arlia&entary i&&unity guarantees a &e&ber of $ongress co&(letefree'o& of e5(ression without fear of being arreste' while in regular or s(ecialsession.

>1. )hat is the (ro(er charge against a grou( of four (ersons who without (ublic. u(rising

e&(loy force to (revent the hol'ing of any (o(ular election<

a. se'itionG

b. 'isturbance of (ublic or'erG

c. grave coercionG


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'. 'irect assault.

>2. )hich of the following circu&stances &ay be a((reciate' as aggravating in the cri&eof treason<

a. cruelty an' igno&inyG

b. evi'ent (re&e'itationG

c. su(erior strengthG

'. treachery.

>3. )hat is the cri&e co&&itte' by a (ublic officer who 'iscloses to the re(resentative of aforeign nation the contents of the articles 'ata or infor&ation of a confi'ential naturerelative to the 'efense of the Phili((ine archi(elago which he has in his (ossession byreason of the (ublic office he hol's<

a. es(ionageG

b. 'isloyaltyG

c. treasonG

'. violation of neutrality.

>>. / foreigner resi'ing in ong 6ong counterfeits a twenty-(eso bill issue' by thePhili((ine 8overn&ent. May the foreigner be (rosecute' before a civil court in thePhili((ines<

a. +o. The (rovisions of the evise' Penal $o'e are enforceable only within thePhili((ine /rchi(elago.

b. +o. The Phili((ine $ri&inal 9aw is bin'ing only on (ersons who resi'e orso=ourn in the Phili((ines.

c. +o. ?oreigners resi'ing outsi'e the =uris'iction of the Phili((ines are e5e&(te'fro& the o(eration of the Phili((ine $ri&inal 9aw.

'. ,es. The (rovisions of the evise' Penal $o'e are enforceable H also outsi'ethe =uris'iction of the Phili((ines against those who shoul' forge or counterfeitcurrency notes of the Phili((ines or obligations an' securities issue' by the8overn&ent of the Phili((ines.

>". $an the cri&e of treason be co&&itte' only by a ?ili(ino citiFen<

a. ,es. The offen'er in the cri&e of treason is a ?ili(ino citiFen only because thefirst ele&ent is that the offen'er owes allegiance to the 8overn&ent of the


15/27

Phili((ines.

b. +o. The offen'er in the cri&e of treason is either a ?ili(ino citiFen or a foreigner&arrie' to a ?ili(ino citiFen whether resi'ing in the Phili((ines or elsewherewho a'heres to the ene&ies of the Phili((ines giving the& ai' or co&fort.

c. +o. The offen'er in the cri&e of treason is either a ?ili(ino citiFen or an alienresi'ing in the Phili((ines because while (er&anent allegiance is owe' by thealien to his own country he owes a te&(orary allegiance to the Phili((ineswhere he resi'es.

'. ,es. t is not (ossible for an alien whether resi'ing in the Phili((ines orelsewhere to co&&it the cri&e of treason because he owes allegiance to hisown country.

>A. / =ailer inflicte' in=ury on the (risoner because of his (ersonal gru'ge against the latter.The in=ury cause' illness of the (risoner for &ore than thirty 30# 'ays. )hat is the

(ro(er charge against the =ailer<

a. The =ailer shoul' be charge' with &altreat&ent of (risoner an' serious (hysicalin=uries.

b. The =ailer shoul' be charge' with serious (hysical in=uries only.

c. The =ailer shoul' be charge' with co&(le5 cri&e of &altreat&ent of (risonerwith serious (hysical in=uries.

'. The =ailer shoul' be charge' with &altreat&ent of (risoner only.

>!. // was convicte' of (ro(osal to co&&it treason. 7n'er /rticle 11" of the evise'Penal $o'e (ro(osal to co&&it treason shall be (unishe' by (rision correccional an'a fine not e5cee'ing P"000.00. s the n'eter&inate entence 9aw a((licable to //<

a. ,es. The n'eter&inate entence 9aw is a((licable to // because the&a5i&u& of (rision correccional e5cee's one 1# year.

b. ,es. The n'eter&inate entence 9aw is a((licable to // because there is noshowing that he is a habitual 'elinquent.

c. +o. The n'eter&inate entence 9aw is not a((licable to // consi'ering the(enalty i&(osable for the offense of which he was convicte'.

'. +o. The n'eter&inate entence 9aw is not a((licable consi'ering the offenseof which he was convicte'.

>C. )hat is the (ro(er charge against a lawyer who reveals the secrets of his client learne'by hi& in his (rofessional ca(acity


16/27

a. The lawyer shoul' be charge' with revelation of secrets of (rivate in'ivi'ual.

b. The lawyer shoul' be charge' with betrayal of trust.

c. The lawyer shoul' be charge' with unauthoriFe' revelation of classifie'&aterials.

'. The (ro(er charge against the lawyer shoul' be revealing secrets with abuse of office.

>D. /E was 'riving a van along a highway. Eecause of her reclessness the van hit a carwhich ha' alrea'y entere' the intersection. /s a result $4 who was 'riving the carsuffere' (hysical in=uries while 'a&age to his car a&ounte' to PC"00.00. )hat is the(ro(er charge against /E<

a. /E shoul' be charge' with co&(le5 cri&e of recless i&(ru'ence resulting in'a&age to (ro(erty with slight (hysical in=uries.

b. /E shoul' .be charge' with recless i&(ru'ence resulting in slight (hysicalin=uries an' recless i&(ru'ence resulting in 'a&age to (ro(erty.

c. /E shoul' be charge' with co&(le5 cri&e of slight (hysical in=uries with'a&age to (ro(erty.

'. /E shoul' be charge' with slight (hysical in=uries an' recless i&(ru'enceresulting in 'a&age to (ro(erty.

"0. )hat cri&e is co&&itte' by one who having receive' &oney goo's or any other(ersonal (ro(erty in trust or on co&&ission or for a'&inistration 'efrau's the offen'e'

(arty by 'enying recei(t of such &oney goo's or other (ro(erty<

a. e co&&its violation of the Trust ecei(t 9aw.

b. e co&&its estafa through frau'ulent &eans.

c. e co&&its estafa by false (retenses.

'. e co&&its estafa with unfaithfulness or abuse of confi'ence.

"1. )hat is the cri&inal liability if any of /// who substitutes for a (risoner servingsentence for ho&ici'e by taing his (lace in =ail or (enal establish&ent<

a. /// is cri&inally liable for 'elivering (risoner fro& =ail an' for using fictitiousna&e.

b. /// is cri&inally liable as an accessory of the cri&e of ho&ici'e by assisting inthe esca(e or conceal&ent of the (rinci(al of the cri&e.


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c. /// is cri&inally liable for infi'elity in the custo'y of (risoners.

'. /// is cri&inally liable for &isre(resentation or concealing his true na&e.

"2. / chil' over fifteen 1"# years of age acte' with 'iscern&ent in the co&&ission of&ur'er. )hat is the 'uty of the court if he is alrea'y over eighteen 1C# years of age atthe ti&e of the 'eter&ination of his guilt for the offense charge'<

a. The court shall (ronounce the =u'g&ent of conviction.

b. The court shall (lace the chil' un'er sus(en'e' sentence for a s(ecifie' (erio'or until he reaches twenty-one 21# years of age.

c. The court shall 'ischarge the chil' for 'is(osition &easures.

'. The court shall (lace the chil' on (robation.

"3. )hat is the cri&inal liability if any of a (rivate (erson who enters the 'welling ofanother against the latterBs will an' by &eans of violence or inti&i'ation for the (ur(oseof (reventing so&e har& to hi&self<

a. The (rivate (erson is cri&inally liable for qualifie' tres(ass to 'welling.

b. The (rivate (erson is cri&inally liable for si&(le tres(ass to 'welling.

c. The (rivate (erson incurs no cri&inal liability.

'. The (rivate (erson is cri&inally liable for light threats.

">. /// was convicte' of theft by a Manila $ourt an' sentence' to a straight (enalty ofone 1# year of (rision correccional. /fter serving two 2# &onths of the sentence hewas grante' con'itional (ar'on by the $hief *5ecutive. One of the con'itions of the(ar'on was for hi& not to be foun' guilty of any cri&e (unishable by the laws of thecountry. e subsequently co&&itte' robbery in Pasay $ity. $an the Manila $ourtrequire /// to serve the une5(ire' (ortion of the original sentence<

a. ,es. The Manila $ourt has the authority to reco&&it /// to serve the une5(ire'(ortion of the original sentence in a''ition to the (enalty for violation ofcon'itional (ar'on.

b. +o. The (enalty re&itte' by the con'itional (ar'on is less than si5 A# years.

c. ,es. The (enalty for violation of con'itional (ar'on is the une5(ire' (ortion ofthe (unish&ent in the original sentence.

'. +o. /// &ust first be foun' guilty of the subsequent offense before he can be(rosecute' for violation of con'itional (ar'on.

"". )hat is the cri&inal liability of a (erson who nowingly an' in any &anner ai's or


18/27

(rotects highway robbersIbrigan's by giving the& infor&ation about the &ove&ent ofthe (olice<

a. e is cri&inally liable as (rinci(al by in'is(ensable coo(eration in theco&&ission of highway robbery or brigan'age.

b. e is cri&inally liable as an accessory of the (rinci(al offen'ers.

c. e is cri&inally liable as an acco&(lice of the (rinci(al offen'ers.

'. e is cri&inally liable as (rinci(al for ai'ing an' abetting a ban' of brigan's.

"A. )ith intent to ill 888 burne' the house where ? an' 4 were staying. ? an' 4 'ie' asa consequence. )hat is the (ro(er charge against 888<

a. 888 shoul' be charge' with two 2# counts of &ur'er.

b. 888 shoul' be charge' with arson.

c. 888 shoul' be charge' with co&(le5 cri&e of arson with 'ouble &ur'er.

'. 888 shoul' be charge' with co&(le5 cri&e of 'ouble &ur'er.

"!. convince' )) to tae a =ob in Taiwan assuring her of a goo' salary an'entitle&ent to a yearly vacation. )) (ai' to the (rocessing fee for (ass(ort an'visa but no recei(t was issue' for the (ay&ent. )) was &a'e to use the aliencertificate of registration of another (erson with a $hinese na&e an' instructe' on howto use the $hinese na&e. The a((lication of )) was re=ecte' by the Taiwaneseauthorities. $ases were file' against for illegal recruit&ent an' estafa. The case ofillegal recruit&ent was 'is&isse'. s liable for estafa<

a. is liable for estafa with unfaithfulness or abuse of confi'ence.

b. is liable for estafa by &eans of false (retenses.

c. is not liable for estafa because )) (artici(ate' in the illegal travel'ocu&ents.

'. can no longer be hel' liable for estafa because with the 'is&issal of thecase against hi& for illegal recruit&ent 'ouble =eo(ar'y has alrea'y set in.

"C. / entere' the house of E. Once insi'e the house of E / too an' seiFe' (ersonal(ro(erty by co&(ulsion fro& E with the use of violence an' force u(on things believinghi&self to be the owner of the (ersonal (ro(erty so seiFe'. )hat is the cri&inal liabilityof /<

a. / is cri&inally liable for robbery with violence because he e&(loye' violence inthe taing of the (ersonal (ro(erty fro& E robbery characteriFe' by violence


19/27

being graver than or'inary robbery co&&itte' with force u(on things.

b. / is cri&inally liable for robbery with force u(on things in an inhabite' housebecause the act was co&&itte' in a house constituting the 'welling of one or&ore (ersons.

c. / is cri&inally liable for grave coercion because the (resu&(tion of intent togain is rebutte'.

'. / is cri&inally liable for qualifie' tres(ass to 'welling because he e&(loye'violence.

"D. )hat is the cri&inal liability if any of a (hysician who issues a false &e'ical certificatein connection with the (ractice of his (rofession<

a. The (hysician is cri&inally liable for falsification of &e'ical certificate.

b. The (hysician is cri&inally liable if the false &e'ical certificate is use' in court.

c. The (hysician incurs no cri&inal liability if the false &e'ical certificate is notsub&itte' to the court.

'. The (hysician incurs no cri&inal liability if the false &e'ical certificate 'oes notcause (re=u'ice or 'a&age.

A0. 7n'er which of the following circu&stances is (robation not a((licable<

a. Probation is not a((licable when the accuse' is sentence' to serve a &a5i&u&of si5 A# years.

b. Probation is not a((licable when the accuse' has been convicte' by final =u'g&ent of an offense (unishe' by i&(rison&ent of less than one 1# &onthan'Ior fine of less than P200.00.

c. Probation is not a((licable when accuse' is convicte' of in'irect assault.

'. Probation is not a((licable when accuse' is convicte' of in'irect bribery.

A1. )hat cri&e is co&&itte' by a (erson who having foun' a ring fails to 'eliver the sa&eto the owner or to the local authorities<

a. The fin'er co&&its theft.

b. The fin'er co&&its conceal&ent.

c. The fin'er co&&its qualifie' theft.

'. The fin'er co&&its usur(ation of (ro(erty.


20/27

A2. /t a wae there were (eo(le watching a ga&e of 'ice. )ith treachery an' use ofunlicense' firear&s // fire' successively several gunshots at their 'irection. 4uringthe shooting four ># (ersons were ille' an' fourteen 1># others were in=ure' an'brought to the hos(ital for the treat&ent of gunshot woun's. )hat shoul' be the (ro(ercharge against //<

a. // shoul' be charge' with &ulti(le &ur'er an' atte&(te' &ur'er.

b. // shoul' be charge' with four ># counts of &ur'er an' fourteen 1># counts of atte&(te' &ur'er.

c. // shoul' be charge' with four ># counts of &ur'er fourteen 1># counts ofserious (hysical in=uries an' illegal (ossession of firear&s.

'. // shoul' be charge' with co&(le5 cri&e of &ur'er an' atte&(te' &ur'er withillegal (ossession of firear&s.

A3. / E $ an' 4 are &e&bers of the (olice 'e(art&ent of a &unici(ality. $ons(iring withone another they arreste' * without reasonable groun' for the (ur(ose of 'eliveringhi& to the (ro(er authorities by i&(uting to * the cri&e of bribery. )hile * was beinginvestigate' by / E $ an' 4 one of the& (lace' a &are' five hun're' (eso billtogether with the &oney taen fro& * to &ae it a((ear that * an e&(loyee of theOffice of the 9ocal $ivil egistrar agree' to (erfor& an act not constituting a cri&e inconnection with the (erfor&ance of *Bs 'uties which was to e5(e'ite the issuance of abirth certificate. )hat is the cri&e co&&itte' by / E $ an' 4<

a. / C $ an' 4 co&&itte' incri&inatory &achination through unlawful arrest.

b. / C $ an' 4 co&&itte' intriguing against honor with unlawful arrest.

c. / C $ an' 4 co&&itte' slight illegal 'etention.

'. / C $ an' 4 co&&itte' corru(tion of (ublic official.

A>. ?elonies are classifie' accor'ing to &anner or &o'e of e5ecution into feloniesco&&itte' by &eans of 'eceit 'olo# an' by &eans of fault cul(a#. )hich of thefollowing causes &ay not give rise to cul(able felonies<

a. &(ru'enceG

b. MaliceG

c. +egligenceG

'. 9ac of foresight.

A". )hich of the following acts 'oes not constitute estafa or other for&s of swin'ling<

a. )hen a (erson &ortgages a real (ro(erty by (reten'ing to be the owner


21/27

thereof.

b. )hen a (erson 'is(oses of the real (ro(erty nowing it to be encu&bere'.

c. )hen a (erson wrongfully taes real (ro(erty fro& its lawful (ossessor to the(re=u'ice of the latter.

'. )hen a (erson &ortgages real (ro(erty while being a surety given in a civilaction without e5(ress authority fro& the court.

AA. 44 inten'ing to ill ** (e((ere' the latterBs be'roo& with bullets but since theinten'e' victi& was not ho&e at that ti&e no har& ca&e to hi&. )hat cri&e isco&&itte'<

a. 44 co&&itte' the cri&e of atte&(te' &ur'er.

b. 44 co&&itte' the cri&e of atte&(te' ho&ici'e.

c. 44 co&&itte' the cri&e of i&(ossible cri&e.

'. 44 co&&itte' the cri&e of &alicious &ischief.

A!. )hat cri&e is co&&itte' when a (erson ill-treats another by 'ee' without causing anyin=ury<

a. The offen'er co&&its &altreat&ent.

b. The offen'er co&&its slan'er by 'ee'.

c. The offen'er co&&its assault.

'. The offen'er co&&its coercion.

AC. The ba(tis& of / was sole&niFe' by E an ecclesiastical &inister in the absence of $one of the go'(arents. 7(on request of the &other of / E cause' the inclusion of thena&e of $ in the ba(tis&al certificate of / as one of the go'(arents an' allowe' a(ro5y for $ 'uring the ba(tis&al cere&ony. )hat is the cri&inal liability if any of theecclesiastical &inister<

a. The ecclesiastical &inister is cri&inally liable for falsification of ba(tis&alcertificate by causing it to a((ear that $ (artici(ate' in the ba(tis&al cere&onywhen he 'i' not in fact so (artici(ate.

b. The ecclesiastical &inister is not cri&inally liable because the insertion of thena&e of $ in the ba(tis&al certificate will not affect the civil status of /.

c. The ecclesiastical &inister is not cri&inally liable because he is not a (ublicofficer e&(loyee or notary.


22/27

'. The ecclesiastical &inister is not cri&inally liable because he 'i' not taea'vantage of his official (osition nor cause 'a&age to a thir' (arty.

AD. s the (enalty for i&(ossible cri&e a((licable to one who atte&(ts to co&&it a lightfelony of i&(ossible &aterialiFation<

a. +o. The evil intent of the offen'er cannot be acco&(lishe'.

b. +o. /n atte&(t to co&&it light felony constitutes an e&(loy&ent of ina'equateor ineffectual &eans.

c. +o. The (enalty for consu&&ate' light felony is less than the (enalty fori&(ossible cri&e.

'. +o. n i&(ossible cri&e the act (erfor&e' shoul' not constitute a violation ofanother offense.

!0. )hat cri&e is co&&itte' by a (ublic officer who having control of (ublic fun's or(ro(erty by reason of the 'uties of his office an' for which he is accountable (er&itsany other (erson through aban'on&ent to tae such (ublic fun's or (ro(erty<

a. The (ublic officer co&&its &alversation.

b. The (ublic officer co&&its technical &alversation.

c. The (ublic officer co&&its the cri&e of failure of accountable or res(onsibleofficer to ren'er accounts.

'. The (ublic officer co&&its the cri&e of failure to &ae 'elivery of (ublic fun'sor (ro(erty.

!1. // nowingly an' willfully in'uce' EE to swear falsely. EE testifie' as tol' in a for&alhearing of an a'&inistrative case un'er circu&stances ren'ering hi& guilty of (er=ury.s // cri&inally liable<

a. // is not cri&inally liable because his act constitutes subornation of (er=urywhich is not e5(ressly (enaliFe' in the evise' Penal $o'e.

b. // is not cri&inally liable because he was not the one who gave false testi&onyin the a'&inistrative case.

c. // is not cri&inally liable because the witness suborne' testifie' in ana'&inistrative case only.

'. // is cri&inally liable for (er=ury as (rinci(al by in'uce&ent with EE as the(rinci(al by 'irect (artici(ation.

!2. )hat shoul' be the (ro(er charge against an offen'er who unlawfully too an' carrie'away a &otor vehicle belonging to another without the latterBs consent illing the 'river


23/27

in the (rocess<

a. The (ro(er charge against the offen'er shoul' be &ur'er with the use of &otorvehicle.

b. The (ro(er charge against the offen'er shoul' be qualifie' carna((ing orcarna((ing in an aggravate' for&.

c. The (ro(er charge against the offen'er shoul' be carna((ing an' ho&ici'e.

'. The (ro(er charge against the offen'er shoul' be robbery with ho&ici'e.

!3. $ons(iracy to co&&it felony is (unishable only in cases in which the law s(ecifically(rovi'es a (enalty therefor. 7n'er which of the following instances are the cons(iratorsnot liable<

a. $ons(iracy to co&&it arson.

b. $ons(iracy to co&&it terroris&.

c. $ons(iracy to co&&it chil' (ornogra(hy.

'. $ons(iracy to co&&it trafficing in (ersons.

!>. )ith intent to cause 'a&age /// 'eliberately set fire u(on the two-storey resi'entialhouse of his e&(loyer &ostly &a'e of woo'en &aterials. The blaFe s(rea' an' gutte''own seven neighboring houses. On the occasion of the fire si5 A# (ersons sustaine'burn in=uries which were the 'irect cause of their 'eath. )hat cri&e was co&&itte' by

///<

a. /// co&&itte' the co&(le5 cri&e of arson with &ulti(le ho&ici'e.

b. /// co&&itte' arson an' &ulti(le ho&ici'e.

c. /// co&&itte' si&(le arson.

'. /// co&&itte' arson an' &ulti(le &ur'er.

!". )hat cri&e is co&&itte' by a utility worer in govern&ent who 'estroys office files asan act of revenge against his su(ervisor<

a. The utility worer co&&its infi'elity in the custo'y of (a(ers.

b. The utility worer co&&its &alicious &ischief.

c. The utility worer co&&its estafa by re&oving concealing or 'estroying officefiles.


24/27

'. The utility worer co&&its cri&e involving 'estruction.

NOTHIN$ "OLLOWS

HAN% IN !OUR ANSWER SHEET.

THERE IS NO NEE% TO RETURN THIS QUESTIONNAIRE TO THE HEA% WATCHER.

2012 BAR EXAMINATIONSCRIMINAL LAW

21 October 2012 3:30 P.M.-" P.M.

Set B

ESSA! T!PE QUESTIONSINSTRUCTIONS

The following questionnaire consists of ten 10# questions nu&bere' l to J# containe' in T** 3#(ages.

Eegin your answer to each nu&bere' question on a se(arate (ageG an answer to a sub-questionIsun'er the sa&e nu&ber n1ay be written continuously on the san1e (age an' succee'ing (ages untilco&(lete'.

/nswer the question 'irectly an' concisely. 4o not re(eat the question. )rite legibly.

/+4 + ,O7 +OT*EOO6. T** +O +**4 TO *T7+ T %7*TO++/* TO T**/4 )/T$*.

8OO497$6

;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; MARTIN S. VILLARAMA, JR.

Chairperson2012 Bar Examinations Committee

PLEASE CHEC THAT THIS SET CONTAINS "OUR (#) PA$ES (INCLU%IN$ THIS PA$E).

WARNIN$& NOT "OR SALE OR UNAUTHORI'E% USE

TAXATION LAW

I


25/27

a. )hat are the ele&ents of the cri&e of biga&y< "K#

b. f you were the =u'ge in a biga&y case where the 'efense was able to (rove that thefirst &arriage was null an' voi' or a nullity woul' you ren'er a =u'g&ent of convictionor acquittal< *5(lain your answer. 2K#

/ssu&ing the e5istence of the first &arriage when accuse' contracte' the secon'&arriage an' the subsequent =u'icial 'eclaration of nullity of the secon' &arriage onthe groun' of (sychological inca(acity woul' you ren'er a =u'g&ent of conviction oracquittal< *5(lain your answer. 3K#

II

a. )hat is a (rivilege' &itigating circu&stance< "K#

b. 4istinguish a (rivilege' &itigating circu&stance fro& an or'inary &itigatingcircu&stance as to re'uction of (enalty an' offsetting against aggravating

circu&stanceIs. "K#

III

a. s the cri&e of theft susce(tible of co&&ission in the frustrate' stage< *5(lain youranswer in relation to what (ro'uces the cri&e of theft in its consu&&ate' stage an' byway of illustration of the sub=ective an' ob=ective (hases of the felony. "K#

b. )hat are the constitutional (rovisions li&iting the (ower of $ongress to enact (enallaws< "K#

IV

/ (ostal van containing &ail &atters inclu'ing checs an' treasury warrants was hi=ace' along anational highway by ten 1 0# &en two 2# of who& were ar&e'. They use' force violence an'inti&i'ation against three 3# (ostal e&(loyees who were occu(ants of the van resulting in theunlawful taing an' as(ortation of the entire van an' its contents.

a. f you were the (ublic (rosecutor woul' you charge the ten 10# &en who hi=ace' the(ostal van with violation of Presi'ential 4ecree +o. "32 otherwise nown as the /nti-Piracy an' /nti -ighway obbery 9aw of 1D!>< *5(lain your answer. "K#

b. f you were the 'efense counsel what are the ele&ents of the cri&e of highway robberythat the (rosecution shoul' (rove to sustain a conviction< "K#

V

a. )ho is an acco&(lice< "K#

b. 4istinguish an acco&(lice fro& a cons(irator as to their nowle'ge of the cri&inal'esign of the (rinci(al their (artici(ation the (enalty to be i&(ose' in relation to the(enalty for the (rinci(al an' the requisitesIele&ents to be establishe' by the(rosecution in or'er to hol' the& cri&inally res(onsible for their res(ective roles in the


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co&&ission of the cri&e. "K#

VI

a. )hat is the fun'a&ental (rinci(le in a((lying an' inter(reting cri&inal laws inclu'ingthe n'eter&inate entence 9aw< "K#

b. ow is the n'eter&inate entence 9aw a((lie' in i&(osing a sentence< "K#

VII

a. )ho are brigan's< "K#

b. 4istinguish brigan'age fro& robbery in ban' as to ele&ents (ur(ose of the of fen'eran' agree&ent a&ong the offen'ers. "K#

VIII

a. )ho is a habitual 'elinquent< "K#

b. 4istinguish habitual 'elinquency fro& reci'ivis& as to the cri&es co&&itte' the (erio'of ti&e the cri&es are co&&itte' the nu&ber of cri&es co&&itte' an' their effects inrelation to the (enalty to be i&(ose' on a convict. "K#

IX

a. 4efine cons(iracy. "K#

b. 4istinguish by way of illustration cons(iracy as a felony fro& cons(iracy as a &anner of incurring liability in relation to the cri&es of rebellion an' &ur'er. "K#

X

a. *5(lain an' illustrate the stages of e5ecution of the cri&e of ho&ici'e taing intoaccount the nature of the offense the essential ele&ent of each of the stages ofe5ecution an' the &anner of co&&itting such international felony as 'istinguishe' fro&felony co&&itte' through recless i&(ru'ence. "K#

b. // was arreste' for co&&itting a bailable offense an' 'etaine' in solitary confine&ent.e was able to (ost bail after two 2# wees of 'efection. 4uring the (erio' of 'etentionhe was not given any foo'. uch 'e(rivation cause' hi& (hysically 'isco&fort. )hatcri&e if any was co&&itte' in connection with the solitary confine&ent an' foo''e(rivation of //< *5(lain your answer. "K#

NOTHIN$ "OLLOWS

HAN% IN !OUR NOTEBOO.


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THERE IS NO NEE% TO RETURN THIS QUESTIONNAIRE TO THE HEA% WATCHER.

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2012 Bar Question