CRIMINAL LAW BAR EXAM 2015

I.
A accepted P10 Million from a Governor who is a notorious plunderer, with several pending
cases of plunder with the Ombudsman.
A has intended to use the money as he is running for Senator.
Is A liable criminally when later on, the Governor was convicted of plunder by the
Sandiganbayan?
ANSWER: NO, even if he benefitted from the money of a plunderer public official as long as he
did not participate with the said public officer in the admission of the offense, he is not liable.

II.
Can a Governor be suspended as Governor for his acts when he was still a mayor?
ANSWER: YES, since section 13 of RA 3019 says: Any incumbent public officer against whom
any criminal prosecution under a valid information under this act, is pending in court shall be
suspended from office.

III.
K, a Kasambahay stole a check from her employer which check is already complete with date
and signature of the drawer employer. K placed her name in the space for payee, and ______
the _____
The drawer-employee, upon discovery of the loss of her check issued a STOP PAYMENT
ORDER.
While trying to encash it in the bank, K was apprehended. Is this attempted or consummated
qualified theft?
ANSWER: Consummated, since K has taken hold of the check, she need not be able to carry it
away to consummate the offense.

IV.

M and L entered into a valid contract in the Philippines. M was appointed a BIR employee and
was detailed to LAS VEGAS to receive the taxes the Filipinos there were paying . M met his exgirlfriend, and decided to get married after a week of dating.
L secured a copy of the marriage contract of M and F, and filed a complaint for Bigamy against
them in Manila.
Will the case prosper?
Suppose the case filed is Malversation of public funds against M, will your answer be the same?
Why

V.
Distinguish Aberratio Ictus from Error in Personae

VI.
K borrowed the gun of G, who lent it knowing that the purpose of K is to kill X who is a mortal
enemy of K and G.
K could not find X, but he saw another mortal of him E so he shot the latter. Unknown to K, E is
distant relative of G.
Will you hold G liable as accessory?

VII.
X shot L a beautiful lady but missed so L charged him with attempted homicide.
After X satisfactorily explained that he only mistook L for another woman W, who had defrauded
him of millions of pesos, and after profused apologies, L pardoned X telling the Judge, she
understood why X did the act.
The Trial Judge proceeded with the case and convicted X of attempted homicide.
Is the Trial Judge correct?
Suppose what happened was, X proposed marriage to L who accepted it but after their married,
the Judge still convicted X of attempted homicide, will your answer be the same?
ANSWER: In both problems, answer is YES.
VIII.

W, a woman fell in love with L, another woman, and they got married. What offenses did they
commit?
ANSWER: Art. 352 Illegal Marriage
IX.
Can estafa or theft be committed through negligence or imprudence?

X.
---------They be held liable?
ANSWER: Robbery with Homicide only

XI.
A saw B his mortal enemy inside his (Bs) house, and to kill him burned the house.
B was killed. With what crime was A be charged with? Why?
Suppose, A burned Bs house not knowing that B was not there, with what offense now would
you charge A? Reason.

XII.
P, plaintiff in a case gave J the judge P1 Million telling J, please decide the case in my favor.
The judge J accepted the money but decided the case in favor of D, the defendant in the case.
What crime did the judge commit? Explain.
How about P, did he commit an offense?
Why do you say so?

XIII.

H surprised his wife W and the latters paramour, and shot them to death. Did H commit an
offense?
ANSWER: YES, parricide and murder but the penalty will only be destierro (Art. ___)

XIV.
H married to W, then courted another woman L whom he also married. W filed a complaint for
bigamy against H and L. Is L guilty of Bigamy?

XV.
Robbers A, B and C robbed a bank, in the process thereof killed P a responding policeman.
Are A, B and C liable for Direct Assault with Homicide? With what offense may they be held
liable?
ANSWER: Robbery with Homicide Only