JOINT LPU-ADAMSON BAR OPERATIONS 2014

1. Territoriality Principle in Criminal Law; Exceptions

The territoriality principle in criminal law means that the

penal laws of the country have force and effect only within
its territory.

2. Distinction between Impossible Crime and Unconsummated

Crime

UNCONSUMMATED FELONIES
Intent is not accomplished
Intent of the offender has
possibility of accomplishment
Accomplishment is prevented
by the intervention of certain
cause or accident which the
offender had not part

IMPOSSIBLE CRIMES
Intent is not accomplished
Intent of the offender, cannot
be accomplished
Intent cannot be accomplished
because
it
is
inherently
impossible to accomplish or
because the means employed
by the offender is inadequate
or ineffectual

3. What are the punishable acts of terrorism

Piracy in General and Mutiny in the High Seas or in the

Philippine Waters
Rebellion or Insurrection

 Coup d Etat
Murder
Kidnapping and Serious Illegal Detention
Crimes involving destruction
Law on Arson
Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990
Atomic Energy Regulatory and Liability Act of 1968
Anti-Hijacking Law
Anti-Piracy and Anti-Highway Robbery Law of 1974
Decree codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in Acquisition or
Disposition of Firearms, Ammunitions or Explosives

4. Who are liable for terrorism

Any person who commits an act punishable

abovementioned, thereby sowing an creating a
condition of widespread and extraordinary fear and
panic among the populace, in order to coerce the
government to give in to an unlawful demand. Persons
who conspire to commit the crime of terrorism. There is
conspiracy when two or more persons come to an
agreement concerning the commission of the crime of
terrorism.

 Any person who, not being a principal, cooperates in

the execution of either the crime of terrorism or
conspiracy to commit terrorism by previous or
simultaneous acts.
Any person who, having knowledge of the commission
of the crime of terrorism or conspiracy to commit
terrorism, and without having participated therein,
either as principal or accomplice, takes part subsequent
to its commission in any of the following manner:
By profiting himself or assisting the offender to
profit by the effects of the crime
By concealing or destroying the body of the
crime, or the effects, or instruments thereof, in
order to prevent its discovery
By harboring, concealing, or assisting in the
escape of the principal or conspirator of the
crime.

Information secured in violation of the antiterrorism law is inadmissible in evidence in any

judicial, quasi-judicial, legislative or administrative
proceeding.

5. What are the essential elements of treachery

There is treachery when the following essential elements are

present, viz.: (a) at the time of the attack, the victim was not
in a position to defend himself; and (b) the accused
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consciously and deliberately adopted the particular means,

methods or forms of attack employed by him. The essence of
treachery is the sudden and unexpected attack by an
aggressor on the unsuspecting victim, depriving the latter of
any chance to defend himself and thereby ensuring its
commission without risk of himself.

6. When is there robbery with homicide

In robbery with homicide, the original criminal design of the
malefactor is to commit robbery, with homicide perpetrated on
the occasion or by reason of the robbery. The intent to commit
robbery must precede the taking of human life. The homicide my
take place before, during or after the robbery. It is only the result
obtained, without reference or distinction as to the circumstances,
causes or modes or persons intervening in the commission of the
crime that has to be taken into consideration. There is no such
felony of robbery with homicide through reckless imprudence or
simple negligence. The constitutive elements of the crime,
namely, robbery with homicide, must be consummated.
It is immaterial that the death would supervene by mere accident;
or that the victim of homicide is other than the victim of robbery,
or that two or more persons are killed, or that aside from the
homicide, rape, intentional mutilation, or usurpation of authority,
is committed by reason or on the occasion of the crime. Likewise
immaterial is the fact that the victim of homicide is one of the
robbers; the felony would still be robbery with homicide Once a
homicide is committed by or on the occasion of the robbery, the
felony committed is robbery with homicide. All the felonies
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committed by reason of or on the occasion of the robbery are

integrated into one and indivisible felony of robbery with
homicide. The word homicide is used in its generic sense.
Homicide, thus, includes murder, parricide and infanticide.

7. Is there an offense of robbery with homicide through reckless

imprudence or simple negligence

There is no such felony of robbery with homicide through reckless

imprudence or simple negligence. The constitutive elements of
the crime, namely robbery with homicide must be consummated.

8. Who is a public officer under the Anti Graft and Corrupt Practices
Act

A public office is the right, authority and duty, created and

conferred by law, by which, for a given period, either fixed by law
or enduring at the pleasure of the creating power, an individual is
invested with some portion of the sovereign functions of the
government, to be exercised by him for the benefit of the public.
The individual so invested is a public officer.

9. How is conspiracy proved to establish criminal liability

Conspiracy as a mode of incurring criminal liability must be

proven separately from and with the same quantum of proof as
the crime itself. Conspiracy need not be proven by direct
evidence. After all, secrecy and concealment are essential
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features of a successful conspiracy. Conspiracies are clandestine

in nature. It may be inferred from the conduct of the accused
before, during and after the commission of the crime, showing
that they had acted with a common purpose and design. To hold
an accused guilty as a co-principal by reason of conspiracy, he
must be shown to have performed an overt act in pursuance or
furtherance of the complicity. There must be intentional
participation in the transaction with a view to the furtherance of
the common design and purpose.

10.

When and how is rape committed

Rape is committed by having carnal knowledge of a woman

under any of the following circumstances: 1.) By using force or
intimidation; 2.) When the woman is deprived of reason or
otherwise unconscious; and 3.) When the woman is under twelve
years of age or is demented.

11.

What is statutory rape

It must be remembered that under the law and prevailing

jurisprudence, the gravamen of the offense of statutory rape as
provided under Article 335 of the Revised Penal Code is the carnal
knowledge of a woman below twelve years old. The only elements
of statutory rape are: 1.) that the offender had carnal knowledge
of a woman; and 2) that such woman is under twelve years of
age. It is not necessary to prove that the victim was intimidated
or that force was used against her, because in statutory rape the
law presumes that the victim on account of her tender age, does
not and cannot have a will of her own.

12.
What are the elements of kidnapping and serious illegal
detention

The elements of kidnapping and serious illegal detention under

Article 267 of the Revised Penal Code are: (1.) the offender is a
private individual; (2) he kidnaps or detains another or in any
other manner deprives the latter of his liberty; (3) the act of
detention or kidnapping is illegal; and (4) in the commission of
the offense, any of the following circumstances are present: (a)
the kidnapping or detention lasts for more than 3 days; or (b) it is
committed by stimulating public authority; or (c) any serious
physical injuries are inflicted upon the person kidnapped or
detained or threats to kill him are made; or (d) the person
kidnapped or detained is a minor, female, or a public officer. R.A.
No. 7659 amended Article 267 of the Revised Penal Code by
adding thereto this provision, When the victim is killed or dies as
a consequence of the detention or is raped, or is subjected to
torture or dehumanizing acts, the maximum penalty shall be
imposed and that this provision gives rise to a special complex
crime.

13.
What are the essential elements for the prosecution of illegal
sale of
drugs

The elements necessary for the prosecution of the illegal sale of

drugs are: (1) The identities of the buyer and the seller, the object
and the consideration; and (2) The delivery of the thing sold and
the payment therefor. What is material to the prosecution for the
illegal sale of dangerous drugs is the proof that the transaction or
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sale actually took place coupled with the presentation in court of

the evidence corpus delicti.

14.
What are the essential elements of the crime of Falsification
of Public Documents under Art.172 (1) of the Revised Penal Code

Essentially the elements are : (1) That the offender is a private

individual; (2) That the offender committed any acts of
falsification enumerated under Art.171; and (3) That the act of
falsification is committed in a public document. Under paragraph
2 of Art.171, a person may commit falsification of a public
document by causing it to appear in a document that a person or
persons participated in an act or proceeding, when such person or
persons did not, in fact, so participate in the act or proceeding.

15.

Distinguished attempted rape and acts of lasciviousness

Attempted rape requires that the offender commence the

commission of rape directly by overt acts, but does not perform
all the acts of execution by reason of some cause or accident
other than his own spontaneous desistance. On the other hand,
lascivious conduct, is defined as the intentional touching, either
directly or through clothing, of the genitalia, anus, groin, breast,
inner thigh, or buttocks, or the introduction of any object into the
genitalia, anus or mouth, of any person, whether of the same or
opposite sex, with an intent to abuse, humiliate, harass, degrade,
or arouse or gratify the sexual desire of any person, bestiality,
masturbation, lascivious exhibition of the genitals or pubic area of
a person.

16.

What are the essential elements of robbery with rape

To be convicted of robbery with rape, the following elements must

concur: (1) The taking of personal property is committed with
violence or intimidation against persons; (2) The property belongs
to another; (3) The taking is characterized by intent to gain or
animus lucrandi; (4) The robbery is accompanied by rape.

17.

How is malversation committed

Malversation is committed either through a positive act of

misappropriation of public funds or property, or passively through
negligence. To sustain a charge of malversation, there must either
be criminal intent or criminal negligence, and while the prevailing
facts of a case may not show that deceit attended the
commission of the offense, it will not preclude the reception of
evidence to prove the existence of negligence because both are
equally punishable under Article 217 of the Revised Penal Code.

18.

What are the essential elements of grave coercion

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The elements of grave coercion under Article 286 of the Revised

Penal Code are as follows: 1) that a person is prevented by
another from doing something not prohibited by law, or compelled
to do something against his will, be it right or wrong; 2) that the
prevention or compulsion is effected by violence, threats or
intimidation; and 3) that the person who restrains the will and
liberty of another has no right to do so, or in other words, that the
restraint is not made under authority of law or in the exercise of
any lawful right.

19.

What are the essential elements of malicious mischief

The crime of malicious mischief or commonly called damage to

property punishes a person who shall deliberately cause to the
property of another any damage (Article 327, Revised Penal
Code). For the conviction of the accused, the prosecutor must be
able to prove the following elements: (1) that the offender
deliberately caused damage to the property of another; (2) that
such act does not constitute arson or other crimes involving
destruction; (3) that the act of damaging anothers property be
committed merely for the sake of damaging.

20.

How is illegal recruitment committed

The crime of illegal recruitment is committed when two

elements concur, namely: (1) the offender has no valid license or
authority required by law to enable one to lawfully engage in
recruitment and placement of workers; and (2) he undertakes
either any activity within the meaning of "recruitment and
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placement" defined under Article 13 (b), or any prohibited

practices enumerated under Article 34 of the Labor Code.
21.

How is evident premeditation proved

The essence of evident premeditation is that the execution of the

criminal act must be preceded by cool thought and reflection
upon the resolution to carry out the criminal intent during a space
of time sufficient to arrive at a calm judgment. For it to be
appreciated, the following must be proven beyond reasonable
doubt: (1) the time when the accused determined to commit the
crime; (2) an act manifestly indicating that the accused clung to
his determination; and (3) sufficient lapse of time between such
determination and execution to allow him to reflect upon the
circumstances of his act. On the other hand, to appreciate
treachery, two (2) conditions must be present, namely, (a) the
employment of means of execution that gives the person
attacked no opportunity to defend himself or to retaliate, and (b)
the means of execution were deliberately or consciously adopted.

22.

How is self-defense proved in cases involving homicide

The justifying circumstance of self-defense is an affirmative

allegation that must be proven with certainty by sufficient,
satisfactory and convincing evidence that excludes any vestige of
criminal aggression on the part of the person invoking it. Where
the accused has admitted that he is the author of the death of the
deceased, it is incumbent upon the appellant, in order to avoid
criminal liability, to prove this justifying circumstance (selfdefense) claimed by him, to the satisfaction of the court. To do so,
he must rely on the strength of his own evidence, and not on the

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weakness of the prosecution for even if it were weak, it could not

be disbelieved after the accused admitted the killing.
It is basic that for self-defense to prosper, the following requisites
must concur: (1) there must be unlawful aggression by the victim;
(2) that the means employed to prevent or repel such aggression
were reasonable; and (3) that there was lack of sufficient
provocation on the part of the person defending himself.
23.
How is the justifying circumstance of fulfillment of duty or
lawful exercise of right or office proved

The High Court set two requisites in order that fulfillment of duty
and exercise of a right may be considered as justifying
circumstance, namely: (a) that the offender acting
in the
performance of a duty or in the lawful exercise of a right; and (b)
that the injury or offense committed be the necessary
consequence of the due performance of such duty or in the lawful
exercise of such right or office. If one is absent, accused is
entitled to the privileged mitigating circumstance of incomplete
fulfillment of duty or lawful exercise of right or office.

24.
Who is a principal by direct participation, by inducement or
by indispensable cooperation

They are defined by the Revised Penal Code:

Art. 17. Principals. The following are considered principals:
1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by
another act without which it would not have been accomplished.

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25.

What are service connected crimes or offenses?

Section 1 of RA 7055 provides as follows - Members

of the Armed Forces of the Philippines and other persons
subject to military law xxx who commit crimes or
offenses penalized under the Revised Penal Code, other
special penal laws, or local government ordinances,
regardless of whether or not civilians are co-accused,
victims or offended parties which may be natural or
juridical persons, shall be tried by the proper civil court,
except when the offense, as determined before
arraignment by the civil court, is service-connected, in
which case the offense shall be tried by court-martial
xxx
There are two possible scenarios that may arise after a
soldier commits a crime which is punishable under both the
Revised Penal Code and under Commonwealth Act No. 408.
In one, the soldier is charged only with violation of the
Articles of War and tried by the court-martial. In this situation
wherein no criminal case is filed against the soldier, the courtmartial continues unimpeded.
In the other, the soldier is charged with both violation of the
Articles of War (triable by court-martial) and a criminal offense
involving the same act (triable by the civilian court). Here, a
different set of rules operates. RA 7055 comes into application in
such a case. Section 1 of RA 7055 clearly reposes on the trial
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court, and not the court-martial, the duty to determine whether

the charges in the information are service-connected. If the
civilian court makes a determination that the acts involved are not
service-connected, then the court-martial will generally have no
jurisdiction.

26.

How is bigamy committed

The elements of the crime of bigamy are: (1) the offender

has been legally married; (2) the marriage has not been legally
dissolved or, in case his or her spouse is absent, the absent
spouse could not yet be presumed dead according to the Civil
Code; (3) that he contracts a second or subsequent marriage; and
(4) that the second or subsequent marriage has all the essential
requisites for validity. James Walter P. Capili v. People of the
Philippines, G.R. No. 183805, July 3, 2013.
The subsequent judicial declaration of nullity of the second
marriage for being bigamous does not bar the prosecution of
petitioner for the crime of bigamy. Jurisprudence is replete with
cases holding that the accused may still be charged with the
crime of bigamy, even if there is a subsequent declaration of the
nullity of the second marriage, so long as the first marriage was
still subsisting when the second marriage was celebrated. Finally,
it is a settled rule that the criminal culpability attaches to the
offender upon the commission of the offense, and from that
instant, liability appends to him until extinguished as provided by
law. It is clear then that the crime of bigamy was committed by
petitioner from the time he contracted the second marriage with
private respondent. Thus, the finality of the judicial declaration of
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nullity of petitioners second marriage does not impede the filing

of a criminal charge for bigamy against him.
27.
What are the essential elements of the offense under the
Anti-Graft and Corrupt Practices Act; Causing undue injury to
government

The essential elements of the crime defined in section 3(e)

of R.A. 3019, otherwise known as the Anti-Graft and Corrupt
Practices Act, are: 1. The accused must be a public officer
discharging administrative, judicial or official functions; 2. He
must have acted with manifest partiality, evident bad faith or
inexcusable negligence; and 3. That his action caused any undue
injury to any party, including the government, or giving any
private party unwarranted benefits, advantage or preference in
the discharge of his functions.

28.

What is the offense of trafficking?

Under RA 9208, Trafficking in Persons refers to the

recruitment, transportation, transfer or harboring, or receipt of
persons with or without the victim's consent or knowledge, within
or across national borders by means of threat or use of force, or
other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to
achieve the consent of a person having control over another
person for the purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of others or other
forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or
receipt of a child for the purpose of exploitation shall also be
considered as "trafficking in persons" even if it does not involve
any of the means set forth in the preceding paragraph
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29.

When is trafficking considered qualified

The following are considered as qualified trafficking:

(a) When the trafficked person is a child;cralaw

(b) When the adoption is effected through Republic Act No. 8043,
otherwise known as the "Inter-Country Adoption Act of 1995" and
said adoption is for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;cralaw
(c) When the crime is committed by a syndicate, or in large scale.
Trafficking is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating
with one another. It is deemed committed in large scale if
committed against three (3) or more persons, individually or as a
group;cralaw
(d) When the offender is an ascendant, parent, sibling, guardian
or a person who exercises authority over the trafficked person or
when the offense is committed by a public officer or
employee;cralaw
(e) When the trafficked person is recruited to engage in
prostitution with any member of the military or law enforcement
agencies;cralaw
(f) When the offender is a member of the military or law
enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in
persons, the offended party dies, becomes insane, suffers
mutilation or is afflicted with Human Immunodeficiency Virus
(HIV)
or
the
Acquired
Immune
Deficiency
Syndrome
(AIDS).chanroblesvirtuallawlibrary
30.

Distinguish malfeasance and misfeasance in office

MISFEASANCE

MALFEASANCE

NONFEASANCE
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Improper
Performance of some Omission of some act
performance
of act which ought not to which ought to be
some
act
which be done
performed
might be lawfully
done.
31.

Who are liable for plunder

Any public officer who, by himself or in connivance with

members of his family, relatives by affinity or consanguinity,
business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination
or series of overt or criminal acts in the aggregate amount or total
value of at least Fifty million pesos (P50,000,000.00), shall be
guilty of the crime of plunder and shall be punished by life
imprisonment with perpetual absolute disqualification from
holding any public office. Any person who participated with said
public officer in the commission of plunder shall likewise be
punished. In the imposition of penalties, the degree of
participation and the attendance of mitigating and extenuating
circumstances shall be considered by the court. The court shall
declare any and all ill-gotten wealth and their interests and other
incomes and assets including the properties and shares of stock
derived from the deposit or investment thereof forfeited in favor
of the State.

32.

What is ill-gotten wealth

"Ill-gotten wealth" means any asset, property, business,

enterprise or material possession of any person within the
purview of Section Two (2) hereof, acquired by him directly or
indirectly through dummies, nominees, agents, subordinates
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and/or business associates by any combination or series of the

following means or similar schemes:
(1)
Through
misappropriation,
conversion,
misuse,
malversation of public funds or raids on the public treasury;

or

(2) By receiving, directly or indirectly, any commission, gift, share,

percentage, kickbacks or any other form of pecuniary benefit from
any person and/or entity in connection with any government
contract or project or by reason of the office or position of the
public office concerned;
(3) By the illegal or fraudulent conveyance or disposition of assets
belonging to the National Government or any of its subdivisions,
agencies or instrumentalities, or government owned or controlled
corporations and their subsidiaries;
(4) By obtaining, receiving or accepting directly or indirectly any
shares of stock, equity or any other form of interest or
participation including the promise of future employment in any
business enterprise or undertaking;
(5) By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation of
decrees and orders intended to benefit particular persons or
special interests; or
(6) By taking advantage of official position, authority, relationship,
connection or influence to unjustly enrich himself or themselves
at the expense and to the damage and prejudice of the Filipino
people and the Republic of the Philippines.
"Ill-gotten wealth" means any asset, property, business,
enterprise or material possession of any person within the
purview of Section Two (2) hereof, acquired by him directly or
indirectly through dummies, nominees, agents, subordinates
and/or business associates by any combination or series of the
following means or similar schemes:
(1)
Through
misappropriation,
conversion,
misuse,
malversation of public funds or raids on the public treasury;

or

(2) By receiving, directly or indirectly, any commission, gift, share,

percentage, kickbacks or any other form of pecuniary benefit from
any person and/or entity in connection with any government
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contract or project or by reason of the office or position of the

public office concerned;
(3) By the illegal or fraudulent conveyance or disposition of assets
belonging to the National Government or any of its subdivisions,
agencies or instrumentalities, or government owned or controlled
corporations and their subsidiaries;
(4) By obtaining, receiving or accepting directly or indirectly any
shares of stock, equity or any other form of interest or
participation including the promise of future employment in any
business enterprise or undertaking;
(5) By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation of
decrees and orders intended to benefit particular persons or
special interests; or
(6) By taking advantage of official position, authority, relationship,
connection or influence to unjustly enrich himself or themselves
at the expense and to the damage and prejudice of the Filipino
people and the Republic of the Philippines.
33.
a.
b.

What are the acts of violence against women and children

Physical violence acts that include bodily or physical harm;
Sexual violence acts which are sexual in nature;

c.
Psychological violence commission or omission of acts
which cause
mental or emotional suffering of the victim;
d
Economic abuse acts that make a woman financially
dependent on the offender.
34.

What is child trafficking

Any person who shall engage in trading and dealing with

children including, but not limited to the, the act of buying and
selling of a child for money or for any other consideration or
barter.
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35.

What is a special complex crime/compound crime

A composite crime, also known as a special complex crime, is

composed of two or more crimes that the law treats as a single
indivisible and unique offense for being the product of a single
criminal impulse. It is a specific crime with a specific penalty
provided by law, and differs from a compound or complex crime
under Article 48 of the Revised Penal Code, which states:
Article 48. Penalty for complex crimes.
When a single act constitutes two or more
grave or less grave felonies, or when an
offense is a necessary means for committing
the other, the penalty for the most serious
crime shall be imposed, the same to be
applied in its maximum period.
There are distinctions between a composite crime, on the one
hand, and a complex or compound crime under Article 48. In a
composite crime, the composition of the offenses is fixed by law;
in a complex or compound crime, the combination of the offenses
is not specified but generalized, that is, grave and/or less grave,
or one offense being the necessary means to commit the other.
For a composite crime, the penalty for the specified combination
of crimes is specific; for a complex or compound crime, the
penalty is that corresponding to the most serious offense, to be
imposed in the maximum period. A light felony that accompanies
a composite crime is absorbed; a light felony that accompanies
the commission of a complex or compound crime may be the
subject of a separate information.
A composite crime, also known as a special complex crime, is
composed of two or more crimes that the law treats as a single
indivisible and unique offense for being the product of a single
criminal impulse. It is a specific crime with a specific penalty
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provided by law, and differs from a compound or complex crime

under Article 48 of the Revised Penal Code, which states:
Article 48. Penalty for complex crimes.
When a single act constitutes two or more
grave or less grave felonies, or when an
offense is a necessary means for committing
the other, the penalty for the most serious
crime shall be imposed, the same to be
applied in its maximum period.
36. May a person be charged for illegal recruitment and estafa at
the same time
It is well-established in jurisprudence that a person may be
charged and convicted for both illegal recruitment and estafa. The
reason therefor is not hard to discern: illegal recruitment is malum
prohibitum, while estafa is mala in se. In the first, the criminal
intent of the accused is not necessary for conviction. In the
second, such intent is imperative. Estafa under Article 315,
paragraph 2 (a) of the Revised Penal Code is committed by any
person who defrauds another by using fictitious name, or falsely
pretends to possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions, or by means
of similar deceits executed prior to or simultaneously with the
commission of fraud.

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