CRIMINAL LAW

BAR Questions
Articles 1 to 3

Art. 1

2011

1. When a penal law is absolutely repealed such

that the offense is decriminalized, a pending
case charging the accused of the repealed
crime is to be

a. prosecuted still since the charge was valid when

filed.
b. Dismissed without any precondition
c. Dismissed provided the accused is not a
habitual delinquent
d. Prosecuted still since the offended party has a
vested interest in the repealed law.

2012

1. What are the constitutional provisions limiting

the power of Congress to enact penal laws?

2015

Distinguish Ex post facto law from bail of

attainder.

Art. 2

2008

The inter-island vessel M/V Viva Lines I, while

cruising off Batanes, was forced to seek shelter at the
harbor of Kaoshiung, Taiwan because of a strong
typhoon. While anchored in said harbor, Max, Baldo
and Bogart arrived in a speedboat, fired bazooka at the
bow of the vessel, boarded it and divested the
passengers of their money and jewelry. A passenger of
M/V Viva Lines I, Dodong advantage of the confusion to
settle an old grudge with another passenger and killed
him. After their apprehension, all four were charged
with qualified piracy before a Philippine court.

a. xxx
b. Was Dodong correctly charged before the
Philippine court for qualified piracy? Explain.

2011

1. Principles of public international law exempt

certain individuals from the generality
characteristic of criminal law. Who among the
following are not exempt from the generality
rule?

a. Ministers Resident
b. Commercial Attache of a foreign country
c. Ambassador
d. Chiefs of Mission

2. What court has jurisdiction when an Indonesian

crew murders the Filipino captain on board a
vessel of Russian registry while the vessel is
anchored outside the breakwaters of the Manila
bay?

a. The Indonesian court

b. The Russian court
c. The Philippine court
d. Any court that first asserts jurisdiction over
the case.

2014

1. Pierce is a French diplomat stationed in the

Philippines. While on EDSA and driving with an expired
license, he hit a pedestrian who was crossing illegally.
The pedestrian dies. Pierce was charged with reckless
imprudence resulting in homicide. In his defense, he
claimed diplomatic immunity. Is Pierce, correct?

2015

1. Ando, an Indonesian who just visited the

Philippines, purchased a ticket for a passenger vessel
bound for Hong Kong. While on board the vessel, he
saw his mortal enemy lason, also an Indonesian
 national, seated at the back portion of the cabin and
who was busy reading a newspaper. Ando stealthily
approached lason and when he was near him, Ando
stabbed and killed lason. The vessel is registered in
Malaysia. The killing happened just a few moments
after the vessel left the port of Manila. Operatives
from the PNP Maritime Command arrested Ando.
Presented for the killing of lason, Ando contended that
he did not incur criminal liability because both he and
the victim were Indonesians. He likewise argued that
he could not be prosecuted in Manila because the
vessel is a Malaysian-registered ship. Discuss the
merits of Ando’s contentions.

2019

1. Ms. M, a Malaysian visiting the Philippines,

was about to depart for Hong Kong via an Indonesian-
registered commercial vessel. While on board the
vessel, which was still docked at the port of Manila,
she saw her mortal enemy, Ms. A, an Australian
citizen. Ms. A was seated at the front portion of the
cabin and was busy using her laptop, with no idea
whatsoever that Ms. M was likewise onboard the ship.

Consumed by her anger towards Ms. A, Ms. M

stealthily approached the Australian from behind, and
then quickly stabbed her neck with a pocketknife,
resulting in Ms. A’s immediate death. Operatives from
the Philippines National Police-Maritime Command
arrested Ms. M for the killing of Ms. A and thereafter,
intended to charge her under the Revised Penal Code
(RPC). Ms. M contended that the provisions of the
Revised Penal Code cannot be applied and enforced
against her because both she and the victim are not
Filipino nationals and besides the alleged crime was
committed in an Indonesian-registered vessel.

A.

Is Ms. M’s contention against the application of the

Revised Penal Code against her tenable? Explain. 2019
BAR

2023
Catalina, a Spanish national, and Conrado, a Filipino,
set up a counterfeiting factory in Shenzhen, China.
Their factory produces fake United States (US) Dollars,
Japanese Yen, and Philippine Pesos, which are
distributed only in Europe and the US. While
vacationing in Panglao, Bohol, they were arrested by a
special task force of the National Bureau of
Investigation on the strength of a warrant of arrest
issued by a Philippine court for Counterfeiting and
Forgery. Both Catalina and Conrado claimed that the
Philippine court does not have jurisdiction over them
since they did not commit any criminal act within the
territory of the Philippines. Catalina also argued that
the Philippine court does not have jurisdiction over her
person as she is a Spanish citizen. Are Catalina and
Conrado correct? Discuss.

Art. 3

2006

Motive is essential in the determination of the

commission of a crime and the liabilities of the
perpetrators.

What are the instances where proof of motive is

not essential or required to justify conviction of an
accused? Give at least 3 instances.

2007

Eddie brought his son Randy to a local faithhealer

known as “Mother Himala”. He was diagnosed by the
faithhealer as being possessed by an evil spirit. Eddie
thereupon authorized the conduct of a “treatment”
calculated to drive the spirit from the boy’s body.
Unfortunately, the procedure conducted resulted in the
boy’s death.

The faithhealer and three others who were part of

the healing ritual were charged with murder and
convicted by the lower court. If you are appellate court
Justice, would you sustain the conviction upon appeal?
Explain your answer.
2008

1. Francis and Joan were sweethearts, but their

parents had objected to their relationship
because they were first cousins. They forged a
pact in writing to commit suicide. The
agreement was to shoot each other in the head
which they did. Joan died. Due to medical
assistance, Francis survived. Is Francis
criminally liable for the death of Joan? Explain.

2. Are human rights violations considered as

crimes in the Philippines? Explain.

2011

1. A crime resulting from negligence, reckless

imprudence, lack of foresight or lack of skill is
called:

a. dolo;
b. culpa;
c. tortious crime;
d. quasi delict

2. It is a matter of judicial knowledge that

certain individuals will kill others or commit
serious offenses for no reason at all. For this
reason,

a. lack of motive can result in conviction

where the crime and the accused’s part in
it are shown.
b. Motive is material only where there is no
evidence of criminal intent,
c. Lack of motive precludes conviction
d. The motive of an offender is absolutely
immaterial.

3. X without intent to kill, aimed his gun at Z and

fire it, hitting the latter who died as a
consequence. Under the circumstances
 a. X cannot plead praeter intentionem since
the intent to kill is presumed from the
killing of the victim.
b. X may plead preater intentionem since he
intended only to scare, not kill Z.
c. X may plead aberration ictus as he had no
intention to kill Z
d. X may plead commission of only Discharge
of Firearm as he had intent to kill Z when
he fired his gun.

4. Culpa can either be a crime by itself or a

mode of committing a crime. Culpa is a crime
by itself in:

a. reckless imprudence resulting to murder

b. medical malpractice
c. serious physical injuries thru reckless
imprudence
d. complex crime of reckless imprudence
resulting in serious physical injuries

5. Motive is generally immaterial in determining

criminal liability except when:

a. several offenders committed the crime but

the court wants to ascertain which of them
acted as leader.
b. The evidence of the crime consists of both
direct and circumstantial evidence.
c. Ascertaining the degree of penalty that
maybe imposed on the offender.
d. The evidence of guilt of the accused is
circumstantial.

6. X inflicted serious injuries on Y. Because of

the delay in providing medical treatment to Y,
he dies. Is X criminally liable for the death of
Y?

a. Yes, because the delay did not break the

causal connection between X’s felonious
act and the injuries sustained by Y.
b. Yes, because any intervening cause
between the infliction of injury and death
is immaterial.
c. No because the infliction of injury was not
the immediate cause of the death
 d. No, because the delay in the
administration of the medical treatment
was intervening cause.

7. X inflicted violent kicks on vital parts of E’s

body. E nevertheless was able to flee for fear
of his life. Refusing to undergo treatment for
his injuries, E died 3 days later. Is X liable for
E’s death?

a. No, since kicks on the body cannot cause

death.
b. No, since it took too long for death to occur
c. Yes, since E cannot be compelled to
undergo medical treatment.
d. Yes, since it was a natural result of the
injuries X inflicted on E.

2012

1. Under which of the following circumstances is

an accused liable for the result not intended?

a. accused is not criminally liable for the result

not intended when there is mistake in the
identity of the victim.
b. Accused is not criminally liable for the result
not intended when there is mistake in the
blow.
c. Accused is not criminally liable for the result
not intended when the wrongful act is not
the proximate cause of the resulting injury.
d. Accused is not criminally liable for the result
not intended when there is mistake of fact
constituting an involuntary act.

2. Felonies are classified according to manner or

mode of execution into felonies committed by
means of deceit (dolo) and by means of fault
(culpa). Which of the following causes may not
give rise to culpable felonies?

a. imprudence;
b. malice;
c. negligence;
d. lack of foresight
 2013

1. Choose from the list below the correct principle

in considering “motive”

a. If the evidence is merely circumstantial,

proof of motive is essential.
b. Generally, proof of motive is not necessary
to pin a crime on the accused of the
commission of the crime has been proven
and the evidence of identification is
convincing.
c. Motive is important to ascertain the truth
between two antagonistic theories.
d. Motive is relevant of the identity of the
accused in uncertain.
e. All of the above are correct.

2015

1. a. How are felonies committed? Explain each.

b. What is aberration ictus?

2017

1. Distinguish crimes mala in se from crimes mala

prohibita.

2. 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 setting 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 ALleso. 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 see 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 brother, had
committed rape.

a.
b.
c.
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.

2018

1. On February 5, 2017, Rho Rio Fraternity held

initiation rites. Present were: (1) Redmont, the
Lord Chancellor and head of the fraternity; (2) ten
(10) members, one (1) of whom was Ric and five
(5) neophytes, one (1) of whom was Ronald.
Absent were: (1) Rollie, the fraternity’s Vice
Chancellor and (2) Ronnie, the owner of the house
where the initiation was conducted.

Due to the severe beating suffered by Ronald on

that occasion, he lost consciousness and was
brought to the nearest hospital by Redmont and
Ric. However, Ronald was declared dead on
arrival at the hospital.

During the investigation of the case, it was found

out that, although Ronald really wanted to join the
fraternity because his father is also a member of
the same fraternity, it was his best friend Ric who
ultimately convinced him to join the fraternity and,
as a pre requisite thereto, undergo initiation. It
was also shown that Redmont and Ric did not
actually participate in the beating of the
neophytes (hazing). The two (2) either merely
watched the hazing or helped in preparing food.
And lastly, two (2) days prior thereto, Ronnie
texted Rollie that the fraternity may use his house
as the venue for the planned initiation.

Aside from those who actually participated in the

hazing, Redmont, Rollie, Ric and Ronnie were
criminally charged for the hazing of Ronald that
resulted in the latter’s death. (BAR)

A.
Are the four, criminally liable?

B.
Can all those criminally charged be
exonerated upon proof that Ronald, knowing the
risks, voluntarily submitted himself to the
initiation? Will the absence of proof that the
accused intended to kill the victim affect their
liability?

2. Mrs. Robinson is a teacher at an elementary

school. In one of her classes, she found, to her
consternation, than an 8-year old Richard was
always the cause of distraction, as he was fond of
bullying classmates smaller in size than him.

One morning, Reymart, a 7 year old, pupil, cried

loudly and complained to Mrs. Robinson that
Richard had boxed him on the ear. Confronted by
Mrs. Robinson about Reymart’s accusation,
Richard sheepishly admitted the same. Because
of this, Mrs. Robinson ordered Richard to lie face
down on the desk during class. After Richard
obliged, Mrs. Robinson hit him ten (10) times on
the legs with a ruler and pinched his ears. Richard
ran home and reported to his mother what he had
suffered at the hands of Mrs. Robinson. When
Richard’s parents went to Mrs. Robinson to
complain, she interposed the defense that she
merely performed her duty as a teacher to
discipline erring pupils.

Richard’s parents ask your advice on what actions

can be instituted against Mrs. Robinson for acts
committed on their minor child. (BAR)

A.
May Mrs. Robinson be charged with violation
of R.A. No. 7610 or slight physical injuries?

2019

1. Define/distinguish Mala in se and Mala Prohibita

2. Define Aberratio ictus, error in personae, and
praeter intentionem

2023

When Joey came home from work, he saw a man

and a woman making love in the main bedroom.
Enraged at the thought that his wife, Abby, was
unfaithful to him, he shot the man and woman to
death. However, the couple turned out to be the
driver and kasambahay. The families of the
decedents filed a case of double Homicide against
Joey. Joey invoked the defense of mistake of fact,
arguing that he thought the persons he shot were
his wife and her lover. Thus, he is entitled to the
privilege or benefit of Article 247 of the Revised
Penal Code, which entitles a legally married
person, who having surprised his or her spouse in
the act of sexual intercourse, kills or seriously
injures the same, to the penalty of destierro for
being an exceptional circumstance. Is Joey
correct in invoking the defense of mistake of
fact? Discuss.