Criminal Law - Questionnaire

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BAR EXAM INATION 2011

CRIMINAL LAW

NOVEMBER 2011A.M. 12 NNINSTRUCTIONS

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CRIMINAL LAWage 1 of 18


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CRIMINAL LAWage 2 of 18C R I M IN A L M O C K B A R E X A M1 .he principle in statutory construction th it criminal law s are liberallyconstrued in favor of the accused and strictly against the State is:a. best used when the accused argues sElf-defenseb. not applicable when there are strong pieces of ev idence ag ainst theaccusedc. deeply rooted in the need to protect the constitutional rights of theaccusedd. only applicable during preliminary investigation2.hich is not considered a limitation on the legislative power to enactpenal laws:a. excessive fines shall not be imposedb. no law that violates equal protection clause of the constitution shallbe enactedc. death penalty shall not be imposedd. penalties that impose cruel and unusual punishm ents shall not beimposed3.hich statement is false:a. The presum ption of criminal intent does not arise from the proof ofthe commission of an act which is no unlawfulb. Criminal intent is presumed from the comm ission of an unlawfulactc. A crime may not be committed without criminal intentd. Criminal intent is a purely men tal process only manifested by ov ertacts4.ll are constitutional rights of the accused , except:a. to appeal when there is an erroneous judg ment of conv ictionb. not to be compelled to be a witness against himselfc. speedy d isposition of casesd. to be presumed innocent5.he prospective characteristic of criminal law mand ates that:

a. penal laws shall have ret roactive ef fect insofar as they favor theperson guilty of a felony wh o is not a habitual criminalb. criminal laws are binding on all persons who live or sojourn in thePhilippines;c. criminal law undertakes to punish crimes com mitted only withinthe P hilippine territoryd . crimes are punished under the laws in force at the time the samewere perpetrated

6.hich of the following is an absolutory cause:


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CRIMINAL LAWage 3 of 18a. ignorance of the lawb. error in personaec. impossible crimed. mistake of fact7 .roximate cause refers to:a. the cause of the offend er in comm itting the crimeb. the unlawful intent of the offenderc. the efficient cause uninterrupted by any supervening eventd . the reason for the commission of the crime8.special penal law m ay be considered as m ala in se when:

a. a similar offense is punished under the Revised Penal Codeb. the accused ac ted with clear criminal intentc. it is inherently wron gd. it is not considered as m ala prohibita9 .n offenses m ala prohibita, the main inquiry is:a. did the accused act in good faithb. has the law been v iolatedc. was the negligence of the accused sufficient to be consideredcriminald. was there criminal intent on the part of the offend er1 0 .hich statement is false:a. motive is important when the identity of the offender is unknow n h')-Lb. motive is the moving power which impels one to action for adefinite resultc. motive is an essential element of a crimed. motive is relevant wh en there are only circumstantial evidence1 1 .ll of the following are impossible crimes, except:a. wife not dying because poison used by her husband was in factsugarb. wife not dying because she has immunity to poison used by herhusbandc. wife not dying b ecause the quantity of poison used by her husbandwas not enoughd. wife not dying because the gun used by her husband w as empty ofbullets12 .f the court discovered that the accused committed a very wrongful actwhich is not yet punishable under the law, the court should:a. decrease the penaltyb. refer the matter to the Department of Justice for preliminaryinvestigation


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Page 4 of 18CRIMINAL LAWc. dismiss the cased. reprimand and w arn the accused

13 .f P edro w as charged w ith drug trafficking and illegal possession offirearms after a single buy-bust incident:a. Pedro will only be convicted of drug traffickingb. Ped ro may seek to qua sh the Information for illegal possession offirearmsc. the unlicensed gun will only be considered as an aggravatingcircumstanced . there will be two separate charges

14 .f the court felt that the penalty to be impo -ied upon the offender after trialis excessive, the court should:a. refer the matter to the Department of Justice for preliminaryinvestigationb. acquit the accusedc. temporarily suspend the execution of sentenced . convict the accused1 5 .hich is false in an attempted felony:a. the offender passes the subjective phaseb. the offended party did not sustain E mortal woundc. the offender did not d esistd. the felony was not produced16 .here are no attempted or f rustrated impc ssible crimes because:a. the offender has already performk all the acts of ex ecutionb. the acts performed by the offender constitute a consummatedoffensec. the felony was not producedd. the felony was produced17 .heft is only in the attempted stage w hen the offender:a. was caught after he was able to take away the book from the storeb. was caught before he could commit any overt actc. had no op portunity to freely dispose of the diamond ring stolenfrom the jewelry store

d. was caught while removing the wallet from the pocket of the victim18 .mputability is:a. the obligation of suffering the consequences of a crimeb. the responsibility of taking the civ..1 and penal effect of an actc. the quality by which an act may be ascribed to an authord. when the act was not freely or consciously done by a person1 9 .ormal crimes are those:


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CRIMINAL LAWage 5 of 18a. that have different stages of executionb. require a private offended party for their prosecutionc. can be committed by negligence or omissiond. consummated by a single act20 .hich statement is false:a. less grave felonies are those the law punishes with penalties whichin any of their periods are correctionalb. grave felonies are those the law attaches capital punishment orpenalties which in any of their periods are af flictivec. light felonies are those infractions of the law pu nished b y arrestomenor

d. light felonies are those infractions of the law p unished b y a fine notexceeding 200 pesos21 .hich is considered as unlawful aggression:a. imminen t peril to one's limbb. belief of an impending attackc. an intimidating or threatening attituded. grave insulting w ords22 .hich is not true under paragraph 4 of Article it of the Revised PenalCode:a. civil liability is always borne by the actorb. there must be no negligence -c. the greater evil sought to be avoided existsd. evil must not result from a violation of law by the actor II 0-A -23 .here is entrapment w hen:

a. the accused is lured into the comm ission of the offense in order toprosecute himb. the accused had no intention to commit the offense /c. the law enforcement officials facilitate the apprehension of thecriminal by schemesd. both the inducer and the offend er are private individuals L24 .o be considered as a m itigating circumstance, vo luntary surrender:a. must be done before the presentation of prosecution evidence

b. must be d one before the issuance of a warrant of arrestc. must be accompanied with voluntary confession of guiltd. must be spontaneous25 .oluntary confession of guilt is not mitigating wh en:a. made after the amendment of the original informationb. made during preliminary investigation


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CRIMINAL LAWage 6 of 18c. made after the presentation of defense evidence and before theprosecution's evidence, in what w as initially a self-defense cased. the accused was innocent of the crime charged

26 .hich is false. Nighttime:a. may be aggravating even if the (rime was commenced duringdaytime as long as the crime was accomplished during thedarkness of the nightb. that period of darkness beginning at end of dusk and ending atdawnc. aggravating w hen it facilitated the commission of the crimed. need not be specifically sought for when the offender tookadvantage of the same

27 .here is quasi-recidivism w hen the offender:a. within a period of ten (10) years shall commit serious or less seriousphysical injuries, robbery, theft, estafa, or falsification and is foundguilty of any said crimes a third time or oftenerb. has been previously sentenced for another offense to which the lawattaches an equal or g reater penaltyc. shall commit a felony after having been convicted by finaljudgment, before beginning to serve such sentence, or whileserving the samed. shall have been previously convicted by final judgm ent of anothercrime embraced in the same title of the R evised Penal C ode

28 .elf-defense is not present when:a. Ped ro shoots Juan wh en latter tried to stab him after he acceptedJuan's challenge to fightb. Ped ro shoots Juan when the latter assaulted him with a knife after aheated argumentc. Pedro shoots Juan while the latter was retreating to take a moreadvantageous positiond. Ped ro punches Juan after the latter ;lapped him o n the face due to amisunderstanding ov er a g irl

2 9 .here is reiteracion when the offender:a. within a period of ten (10) years shall commit serious or less seriousphysical injuries, robbery, theft, estafa, or falsification and is foundguilty of any said crimes a third tiff e or oftenerb. has been previously sentenced for another offense to which the lawattaches an equal or greater penalty, or for two or more crimes towhich it attaches a lighter penaltyc. shall commit a felony after ha ring been convicted by finaljudgment, before beginning to serve such sentence, or whileserving the same


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CRIMINAL LAWage 7 of 18d.hall have been previously convicted by final judgm ent of anothercrime embraced in the same title of the R evised Penal C ode

3 0 .hich of the following w ill be considered as a mitigating circumstance:a. the offender is a blind lawyerb. the offender is a deaf jeepney driverc. the offend er is a mute prostituted. the offender is a half-insane law student3 1 .here is habitual delinquency w hen the offender:a. within a period of ten (10 ) years shall commit serious or less seriousphysical injuries, robbery, theft, estafa, or falsification and is foundguilty of any said crimes a third time or oftenerb. has been previously sentenced for ano ther offense to which the lawattaches an equal or g reater penaltyc. shall commit a felony after having been convicted by finaljudgment, before beginning to serve such sentence, or whileserving the samed. shall have been previously convicted by final judgm ent of anothercrime embraced in the same title of the Revised Penal Code

3 2.he following are penalized by destierro except:a. Death under exceptional circumstances in Article 247 of theRevised Penal Codeb. simple seductionc. F ailure to give bond for good behaviord. The penalty for the concubine in concubinage3 3 .f an offender was sentenced to a term of imprisonment of not more thanone year, his period of probation should not exce ed:

a. one yearb. two yearsc. four yearsd. six years3 4 .he main factor that would distinguish the offense of estafa from thecrime of theft is:

a. the presence of deceitb. the unlawful taking of the subject propertyc. the employment of violence upon the offended partyd. the absence of fraud

3 5.f an offender was sentenced to a term of im prisonment of five years, hisperiod of probation should not exceed:a. five yearsb. ten years


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CRIMINAL LAWage 8 of 18c. four yearsd. six years36.ubsidiary penalty:a. is not applicable to fineb. is applicable to indemnification of consequential damag esc. shall not exceed one yeard. is an accessory penalty37.he penalty for an accessory in a frustrated felony is:a. one degree lowerb. two degrees lowerc. three degrees lowerd. four deg rees lower: than the penalty imposed fo r a principal in aconsummated felony

38.hich is not true in com plex crimes und er A rticle 48 of the Revised PenalCode:a. a single act constitutes any two or more feloniesb. the offense is a necessary means to c D mmit anotherc. the offender has only one criminal intentd. penalty is the penalty for the most serious crime, to be applied in itsmaximum period

39 .he following are matters that a probation officer may require an offenderunder probation to perform, except:a. refrain from v isiting houses of ill-refuteb. abstain from intoxicating beveragesc. meet his fam ily responsibilitiesd . work for a g overnment institution

40.n Indirect Bribery, the gift was received by the offender:a. for him to refrain from doing something which it is his official dutyto dob. by reason of his officec. in consideration of the ex ecution c f an unjust act which does notconstitute a crimed. with a view to committing some crime4 1 .or a brother to be convicted of qualified seduction under the R evisedPenal Code, in connection with his sexual intercourse with her youngersister, the sister must be:a. below twelve years of ageb. over twelve but not more than eigh :een years of agec. over fifteen but not more than eighteen years of aged. the age of the sister is immaterial


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CRIMINAL LAWage 9 of 1842.n prescription of crimes under A rticle 90 of the Revised P enal Code,felonies punished by reclusion perpetua shall prescribe in:a. twenty yearsb. five yearsc. ten yearsd . offenses punished by reclusion perpetua by do not prescribe43 .he concept of prejudicial question is aQup_plicaJ21 when:a. the resolution of the issue in a previously instituted case is thelogical antecedent to the issue in another case ) 1 / 4 'b. the civil case was filed before the criminal case

c. both pending actions are criminal casesd. the issue is based on a fact distinct and separate from the crime butso intimately connected that it determines the g uilt or innocence ofthe accused44.f falsification of a private document was com mitted as a m eans to committhe offense of Estafa, the proper charge should be:a. Falsificationb. Estafa

c. Estafa through Falsification of Private Documentsd. Falsification through Estafa45.n the crime of Arbitrary Detention, it is not required that:a. the offender is a law enforcement agentb. the detention must be without legal groundsc. a person was d eprived of libertyd. no warrant of arrest was issued against the person detained4 6 .uan Dela Cruz cannot be convicted of Treason when:a. he comm itted the same w hile in a foreign countryb. there is only one witness testifying on his adherence to the enemyc. he is a foreigner who was merely visiting in the Philippinesd. a war has yet to start47 .person exactly fifteen (15 ) years of age w ho comm itted a crime with theexistence of clear discernment:a. is exempt from criminal liabilityb. will be entitled to the mitigating circumstance of minorityc. may apply for suspension of sentenced. will be exem pt from civil liability4 8 .person who discharges his firearm at another person without anyintention to kill said person will be liable for:a. attempted homicideb. attempted physical injuries


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CRIMINAL LAWage 10 of 18c. illegal discharge of firearmd. alarms and scandals4 9 .hich of the following is not considered a crime ag ainst property:a. arsonb. brigandagec. Batas Pambansa Bing. 22d. malicious mischief

5 0 .uring a bank robbe ry, one of the perpe :rators, Juan, accidentally shotand killed one of his companions, Ped ro, due to a gun m alfunction. Thethird member of the gang, Antonio, who has no involvement in theaccidental killing of Pedro will be criminal liable for:a. robbery onlyb. robbery and homicidec. robbery with homicided. homicide

5 1 .nder A rticle 315 of the Revised P enal Code, deceit is not an essentialelement of what kind of estafa:a. estafa committed with abuse of confidenceb. estafa committed with unfaithfulnessc. estafa committed by m eans of false r retensesd. estafa through fraudulent means5 2 .he m ain component that w ould clearly c istinguish the crime of acts oflasciviousness from the offense of attempted rape is:a. the gravity of the lascivious actb. the intention to have carnal knowledgec. the romantic relationship between :he offender and the offendedpartyd. the numb er of times the offend er tcuched the private parts of thevictim5 3 .edro was charged for violation of Batas Pambansa B ing. 22, otherwiseknown as the Bouncing Checks Law. During trial, it was established thatprivate complainant did not send any notice of dishonor but only gav everbal demands for Pedro to pay the valu ?. of the bouncing check. W hatwill happen:a. Pedro will only be penalized with a fineb. Pedro will still be convictedc. Pedro will be acquittedd. The court will only rule on the civil 1: ability of Ped ro


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CRIMINAL LAWage 11 of 185 4 .he offended party voluntarily accepted a check from the offender despiteknowledg e that the check has no sufficient funds at the time the offenderdelivered the same. If the check will subsequently bounce uponpresentation w ith the bank:

a. the offender will be liable for BP 22 onlyb. the offender will be liable for Estafa onlyc. the offender will be liable for both Estafa and BP 22d. the offend er has no criminal liability55 . civilian agent of the Armed Forces of the Philippines was caught with agun tucked on his waste while inside a busy mall. Upon his arrest, heshowed a Memorandum Receipt (MR) indicating that the firearm is

owned by the government, and, a M ission Order (M O) issued by the AF Pauthorizing him to carry the firearm. W hat will happen to him:a. he will be liable for illegal possession of firearmsb. he will not incur any criminal and/or administrative liabilityprovided that he was on-d uty during the arrestc. he w ill be adm inistratively liabled. he will be removed from government service

56.he following are the three (3) ways of com mitting A rbitrary D etention ,except;a. By detaining or locking up a person without any legal cause orgroun d therefore pu rposely to restrain his libertyb. By delaying delivery to the proper judicial authority of a personlawfully arrested without a warrantc. B y delaying release of a prisoner who se release has been orderedby competent authorityd. By delaying the promulgation of a sentence for unreasonable length

of time57. A, B and C were looking for a person named V. whom C suspected of

stealing his fighting cock. A and B were policemen while C was acaretaker of fighting cocks. C requested A and B, then in uniform, toaccompany him to V's house to look for the fighting cock. A, B and Cwent to Virgilio's house. When the policemen knocked on the door, V'wife, M , opened it. The policemen told M that they came to inquire abouta lost fighting cock. B efore M could utter a word, the trio barged insidethe house. Once inside, the policemen told M that C was suspecting herhusband, V, to have stolen his fighting cock. M protested andimm ediately required the three to leave. The policemen refused. Instead,they started searching the house for the fighting cock over the objectionsof M . A s they did not see any fighting cock, the three left.What crimes, if any, did A, and B commit?a.iolation of Domicile by entering a dwelling against the will of theowner. Entrance to the dwelling was effected against M's will.


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[CRIMINAL LAWage 12 of 18This is obvious when the trio ba ged inside the house whichconsequently, M protested and required them to leave.

b.iolation of D omicile by searching papers or other effects foundtherein without the previous consen; of such ow ner. The do or wasopened when the policemen went inside the dwelling. Entrancewas effected w ithout her consent. M objected to the search for thefighting cock, but d espite said ob jection, the policemen searchedthe house.

c .iolation of Domicile by refusing to leave the premises after havingsurreptitiously entered said dwelling and after having beenrequired to leave the same. The pc licemen were ordered to leavethe house, but refused to leave the M's dwelling.d.o crime was committed. The policemen were in the rightfulexercise of their duties and respo nsibilities. The f act is that therewas a fighting cock that was stolen and they w ere in the premisesas peace officers seeking to investigate the crime.

58 . V G, JJ, JG and G G conspired to overthrew the Philippine Gov ernment.VG was recognized as the titular head of the conspiracy. Several meetingswere held an d the plan was finalized . JJ bothered by his conscience,confessed to F ather Abraham, a F ilipino, that he, VG , JG and GG haveconspired to ov erthrow the governm ent. Father A braham did not reportthis information to the proper authorities W hat crime, if any, did fatherA braham commit?a. H e comm itted conspiracy to comm.t rebellion. For failure to reportthe plan to overthrow the governm ent, he became a party to the

rebellion.b. H e became an accom plice to the crime of conspiracy to comm itrebellion. Ev en if he is no t a principal, he ho wever, concurs andapproves of the plan to overthrow the gov ernment by not reportingthe conspiracy to the proper authority.c. H e did not com mit any crime. There is no crime as misprision ofrebellion.e.e committed misprision of treason. He owes allegiance andloyalty to the Republic and yet he failed to disclose the treasonousplan to the proper authority.59 .hat if the falsification of the signature of O scar was used not to part withthe two (2) cans of paint but to conceal the defraudation previously made,what crime is committed?a. Complex crime of estafa thru falsification of a private instrument.b. Falsification of a private document and estafa.c. Falsification of a private document only.d. Estafa only

60 . Pascual operated a rice thresher in Barangay N where he resided. R enato,a resident of the neighboring B arangay G , also operated a mobile ricethresher which he often brought to Barar gay N to thresh the palay of the


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CRIMINAL LAWage 13 of 18farmers there. This was bitterly resented by Pascual. One afternoonPascual, and his two sons confronted Renato and his men who wereoperating their mobile thresher along a feeder road in B arangay N . Aheated argument ensued. A barangay captain who was fetched by one ofPascual's men tried to appease Pascual and R enato to prevent a violentconfrontation. However, Pascual resented the intervention of theBarangay C aptain and hacked him to death. W hat crime w as committedby Pascual?a. Two separate crimes are committed. One is direct assault and theother, homicide, both against the barangay captain, the victim in

this case.b. Only homicide is committed. The violence in direct assault isabsorbed in the crime of direct assault.c. He committed complex crime of homicide with assault upon aperson in authority. H ere, the single act of the offender in hackingthe victim to death resulted in two felonies, homicide which isgrave and direct assault which is less grave.d. Direct assault is committed. The death of the barangay captainserves only as an aggravating circumstance to the said crime.The following set of facts is for numbers 60 to 61.

Oscar, a former welder and painter at the Caloocan Motor Works ownedby A rturo, went to the D owntown H ardware Store where A rturo getsmaterials on credit, and presented to its manag er a typewritten order fortwo (2) cans of D ietsler car paint. The signature of A rturo on the orderwas falsified. A fter receiving the paint, O scar sold them and kept theproceeds therefrom.61 . W hat crime did O scar commit?

a. Complex crime of estafa thru falsification of a private instrument.b. Falsification of a private document and estafa.c. Falsification of a private document only.d. Estafa only6 2 .encio, who is the Municipal Treasurer of the town, was also the treasurerof a charity ball of the church. Because he w as short of payroll funds forthe municipal employees, he used part of the church fund s to replenishthe payroll funds with the intention of returning the same when the publicfunds came. Is D encio guilty of malversation under the Revised P enalCode?

a. N o, because the church funds used by D encio do not constitutepublic funds which are proper subject of malversation.b. Yes, because said funds constitute the so-called private funds,which could be proper subject of m alversation under A rticle 222,Rev ised Penal Cod e which pertain to private property placed in thecustody of public officers by reason of their office.c. Y es, because he is an accountable public officer.


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CRIMINAL LAW Page 14 of 18d.o, D encio acted in good faith.

63. A, a young housewife, and B, her parhusband, to whom she was lawfully marrimixed it with poison. A gave the foodcould eat, D her illegitimate father, and E ,D and E shared the food on the presenceeating. C D and E died because of havingWhich statement is NOT correct?

our, conspired to kill C, herd. A and B bought pancit andith poison to C, but before Cher legitimate son, arrived. C ,f A who merely watched thempartaken of the poisoned food .

or intentionally killing C.A . t ,as co-conspirator of A in thef homicide for the death of Drricide for the death of D and E

a. A is criminally liable for parricideb. B is criminally liable for parricidkilling of C.c. B likewise committed two countsand E.d. A is likewise criminally liable for palthough not intentional.64. The husband discovered his wife inintercourse with her paramou r. H e firedthe act of escaping, inflicting on him lessame bullet that hit the paramour also hit

Did the husband incur criminal liabilitya. Y es, but the husband shall only saccordance w ith the provision of

Code.b. No. The husband did not incurinjuries inflicted upon the parconsidered an absolutory cause puPenal Code.

c. Y es, the husband is liable. A rt. 2wound is inflicted in the act of conot when the w ife or the paramoud. Y es, the husband is liable. O bviouis an element of the crime of attem65 .n his way to buy a lotto ticket, a polsurrounded by four men. A wrestled thedisarmed him w hile the other three co

armed with a hunting knife, an ice pstabbed him. TheTo liceman died as a reinflicted by his assailants. W hat crime ora. M urder qualified by treachery. Alexistence of conspiracy.b. M urder qualified by evident prebecause of the existence of conspir

he act of committing sexualpon the latter who was then inserious physical injuries. Thestranger killing him instantly.wounding the paramour?ffer the penalty of destierro inrticle 247 of the Revised Penalcriminal liability because theour are not serious. This issuant to A rt. 247 of the Revised7 will only be applicable if themitting sexual intercourse andis in the act of escaping.ly, there is intent to kill and thisted homicide.ceman suddenly found himselfpolice officer to the ground andpanions B,C, and D who wereck, and a balisong, repeatedlyult of the multiple stab wound srimes were committed?of them are liable because of theeditation. A ll of them are liablecy.


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CRIMINAL LAWage 15 of 18c. H omicide. The police officer had the opportunity to defend himself.All of them are liable because of the existence of conspiracy.d. A committed physical injuries while B, C and D committed murder.

66.uan and P edro harbored a long standing grudge resentment against Josewho eloped w ith their sister, M aria, and later aband oned her. They laidmeticulous plans to kill him. A fter weeks of w aiting, their chance cam ewhen late one midnight, they cornered Jose as he was coming out of adisco-beer house in M akati. The two forcibly shoved him into a waitingcar and droved to Tagaytay City, where they kept Jose hog-tied in a 2 x 3meter room. Two (2) days later, they killed Jose and dumped his bodyinto ravine. D id Juan and Pedro com mit murder?a. Y es, since the purpose of Juan and Ped ro was to kill the victim. Thedetention of the victim for two days before he was killed was

merely incidental.b. N o, the crime comm itted is the complex crime of kidnapping w ithmurder.c. No, the crime committed are two (2) separate crimes of kidnappingand m urder.d. N o, the crime com mitted is kidnapping o nly and the killing m erelyconstitutes as a qualifying circumstance.

67 .ogether A. B and C planned to rob Ms. D. They entered the house bybreaking one of the windows in her house. After taking her personalproperties and as they were about to leave, X d ecided on imp ulse to rapeD. As A was molesting her, B and C stood outside the door of herbedroom and did nothing until the rape was consummated. Under thecircumstances, A, B and C committed the crime of robbery with rape.a. False, the crime committed by B and C is robbery only. A is theonly one liable for the special complex crime of robbery with rape.The crime conspired for was for robbery only.

b. False, the crime com mitted by B and C is robbery only. A is liablefor two (2) separate crimes of robbery and rape because robberywas already consum mated wh en he raped the victim.

c. False, they are all liable for theft because no violence orintimidation was employed in the taking of properties. In add ition,A is liable for the crime of rape.

d. True, The criminal liability of A, B and C shall be the same, asprincipals in the special complex crime of robbery w ith rape whichis a single and an ind ivisible offense.

68 .fter raping the com plainant in her house, the accused struck a m atch tosmok e a cigarette before departing from the scene. T he brief light formthe match allowed him to notice a watch in her wrist. He d emanded thatshe hand over the watch. W hen she refused, he forcibly grabbed it fromher. The accused was charged with and conv icted of the special complexcrime of robbery with rape. What crime did he commit?


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CRIMINAL LAWage 16 of 18a. Robbery with Rape.b. Robbery and Rape.c. Theft and Raped. Rape only. The act of stealir.g becomes an aggravatingcircumstance.

69. A vehicular accident occurred on the national highway in Bulacan.A mong the first to arrive at the scene of the accident was, A w ho foundone of the victims already dead and the others unconscious. Beforerescuers could come, A , taking advantage of the helpless condition of thevictims, took their wallets and jewelry However, the police, whoresponded to the report of the accident, :aught A . W hat crime d id Acommit?a. Theftb. Qualified theftc. Robbery with force upon thingsd. Impossible crime

7 0. A sold a washing machine to B on credit, with the understanding that Bcould return the appliance within two W E eks if, after testing the same, Bdecided not to buy it. Two weeks la used without B returning theappliance. A found that B sold the washir g machine to a third party. Is Bliable for estafa?

a. No, B is not liable for estafa because he is an owner thereof by virtueof the sale of the washing m achine to him.b. Y es, there was failure to return the appliance to B after testing thesame. Two w eeks had lapsed witl - out B returning the appliance.Misappropriation took place when ii was sold to a third party.c. No , but he is liable for other deceit because he p retended to buy thesame but he did not.d. Yes, he committed estafa by ME artS of deceit. Damage wassustained by A when the washing machine was sold to a thirdparty.

71. entrusted her car to B for repainting A t the agreed cost of P7,800 .00.W hen the painting job was finished, A wanted to get the car but B refusedto deliver until payment is made. W hen A came back the next day, theshop was already closed, and B and the car were nowhere to be found.W hen finally B was located, he told A tha: he sold the car and applied theamount to the repainting cost and labor.A sued B for estafa. The information re ated the above facts, indicatingthe car as the subject of the felony. The Reg ional Trial Court convicted Bfor the crime charged. U nder the facts, is i he conviction proper?

a. No, estafa was not com mitted but theft. H e had physical possessionover the car.b. Y es, estafa was committed. He had j aridical possession over the car.


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CRIMINAL LAWage 17 o f 18c. No crime was committed. The proceeds were applied to repaintingcost and labor. He acted in good faith.d. No, he committed qualified theft. There was abuse of confidence asthe repainting job is based on trust and confidence.72. While SS Nagoya Maru was negotiating the sea route from Hongkong

towards Manila, and while still 300 miles Aparri, Cagayan, its enginemalfunctioned. The Captain ordered the ship to stop for emergencyrepairs and crew fell asleep. While the ship was anchored, a motorboatmanned by renegade Ybanags, passed by. They cut the ship's engine andtook away several heavy crates of electrical equipment and loaded them intheir motorboat. While the robbery was taking place, the culprits stabbeda member of the crew while sleeping. What crime was committed?

a. Robbery was committed because all its elements are present. Thereis intent to gain. Likewise, force and violence were employed.

b. Robbery with Homicide. The killing was done by reason or onoccasion of robbery.

c. Piracy under Article 122 of the Revised Penal Code, the essence ofwhich is the employment of force directed against a vessel and itscargoes with intent to gain.

d. Qualified Piracy since the takingas attended by a killingcommitted against a member of the crew of the vessel.73.,lady professor, was giving an examination. She noticed B, one of thestudents, cheating. She called the student's attention and confiscated hisexamination booklet, causing embarrassment to him. The following day,while the class was going on, the student, B, approached A and, withoutany warming slapped her. B would have inflicted further injuries on Ahad not C, another student, come to A's rescue and prevented B fromcontinuing his attack. B turned his ire on C and punched the later. Whatcrime or crimes, if any, did B commit?a. B committed two (2) counts of direct assault. One for slapping

professor A while conducting her class; and another, for violenceon C, who came to her aid.

b. B committed direct assault for the violence inflicted on A andindirect assault for the violence inflicted on C.

c. B committed direct assault on the professorand the crime ofphysical injury on C. Be it noted that C is not charged with themaintenance of public order and the protection and security of lifeand property.

d. B committed direct assault only against the professor. He did notcommit a crime against C because he only punched him when Bcame and prevented him from further attacking A.


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CRIMINAL LAW Page 18 of 1874. A, a government employee, was adimmorality for having an affair with D, a

who believed him to be single. To exaffidavit that he was single and washowever, was that A had earlier married to

inistratively charged witho-employee in the same office1pate himself, A executed anBing to marry B. The truth,. Is A guilty of perjury?

a. Y es, because there is a w illful and din this case.b. No, because his status is not materiac. No, but he instead committed the crd. N o, but he instead committed theinstrument.

liberate assertion of falsehoodto the administrative case.' Y e l o - k eof ri("e of other deceit.rime of falsification of pu blic

7 5 .public official charged w ith purchasing rice stocks under gov ernmentsubsidy falsely reported that his stocks of ce worth P 17 million on boardtwo barges sank off a neigh boring island o their way to their destinationand w ere completely lost. Me anwhile, the ice was surreptitiously sold torice warehouse in the provinces. He comm ted the crime of-a. Malversationb. Falsificationc. Estafad. M alversation thru falsification of offi ial documents. A-NOTHING FOLLOWS-