2019 BAR EXAMINATIONS

CRIMINAL LAW

November 17, 2019 2:00 P.M. – 6:00 P.M.

INSTRUCTIONS

1. This questionnaire contains seven (7) pages including this page. Check the number
of pages and their proper sequencing. You may write notes on this questionnaire. 

Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order as the questions. Write your answers only on the front
page of every sheet. Note well the allocated percentage points for each question or
sub-question. In your answers, use the numbering system in the questionnaire.

2. Answer the questions legibly, clearly, and concisely. Start each answer on a
separate page. An answer to a sub-question under the same number may be
written continuously on the same page and the immediately succeeding pages until
completed.

3. Your answer should demonstrate your ability to analyze the facts, apply the
pertinent laws and jurisprudence, and arrive at a sound or logical conclusion.
Always support your answer with the pertinent laws, rules, and/or jurisprudence.

A MERE "YES" OR "NO" ANSWER WITHOUT ANY CORRESPONDING

EXPLANATION OR DISCUSSION WILL NOT BE GIVEN FULL CREDIT. THUS,
ALWAYS BRIEFLY BUT FULLY EXPLAIN YOUR ANSWERS ALTHOUGH THE
QUESTION DOES NOT EXPRESSLY ASK FOR AN EXPLANATION. DO NOT
REWRITE OR REPEAT THE QUESTION ON YOUR NOTEBOOK.

4. Do not write your name or any extraneous note/s or distinctive marking/s on your
Notebook that can serve as an identifying mark/s (such as names that are not in the
given questions, prayers, or private notes to the Examiner). Writing, leaving, or
making any distinguishing or identifying mark in the Notebook is considered
cheating and can disqualify you.

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE ESTELA M. PERLAS-BERNABE

Chairperson
2019 Bar Examinations

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 I.

Posing as a detective in the Manila Police and flashing a police badge, Jose, jobless
and without any known address and occupation, told Manding and Liling, who were then
sitting in a dark corner in the Luneta Park, that he was placing them under arrest for
vagrancy and taking them to the police station for booking. Manding and Liling
protested, saying that they were merely enjoying the evening alone, as they were
sweethearts and both gainfully employed. Jose told them that they can give their
explanations at the Police Station. Not wanting to be bothered and embarrassed,
Manding offered Jose P2, 000.00 to let them go. Jose agreed, got the money, and left.

Explain whether under the facts given Jose committed any crime. (5%)

II.

Pedro, a municipal treasurer, received from the Provincial Treasurer of the Province five
(5) brand new typewriters for use in the municipal treasurer’s office. Each typewriter is
valued at P10, 000.00. Since Pedro needed money for the hospitalization of his sick
son, he sold four (4) of the typewriters to his friend, Rodolfo, a general merchant in San
Isidro for P2, 000.00 each or a total of P8, 000.00. Rodolfo as a general merchant knew
that one typewriter could easily be between P6, 000 to P10, 000.00, and for this reason
he readily agreed to buy the four typewriters. Rodolfo then resold the typewriters at P6,
000.00 thus making a profit of P16, 000.00. Two months after the transaction, Pedro
was audited and the investigation as to his accountabilities led to the discovery that
Rodolfo bought the four (4) typewriters from Pedro.

A. What crime did Pedro commit? (2.5%)

B. Is Rodolfo liable as an accessory or for violation of the Anti-Fencing Law? (2.5%)

III.

In the course of proceeding during a so-called “public hearing” held before a crowd in a
place open to the public, the leaders of the meeting “tried” certain public officials and
thereafter “sentenced” them to death by assassination or ambuscades.

Are the leaders criminally liable? Decide the case. (2.5%)

IV.

Two Japanese were passing through immigration and customs preparatory to their
departure for Japan at the Ninoy Aquino International Airport. A bundle of P20, 000.00
peso bills was discovered in one of them, and to prevent their being delayed, his
companion took the bundle of bills and then and there tore up the bills.

As City Fiscal of Pasay, what crimes, if any, would you charge the two Japanese?
Explain. (2.5%)

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 V.

What do you understand by aberration ictus; error in personae; and praeter

intentionem? Do they alter the criminal liability of an accused? Explain. (5%)

VI.

Mario, a law student, wanted to avenge the death of his brother, Jose, in the hands of
Pedro and his gang. So, Mario talked to Dalmacio, known tough guy, to kill Pedro by
promising him P50, 000.00 to be paid after he had accomplished the killing. Dalmacio
agreed. Since Pedro was to appear in court the following day at 9:00 a.m. at the city hall
to attend the hearing involving the death of Jose, Mario told Dalmacio to carry out the
plan at that exact time in the court room, to which Dalmacio assented. At 8:50 a.m.,
Mario went to see Captain Malonso of the Police Department and told him that
Dalmacio would kill Pedro at 9:00 a.m. at the city hall. He asked Captain Malonso to
prevent it and so the latter rushed to the city hall but arrived at 9:05 a.m. when Dalmacio
had already killed Pedro. Is Mario liable as co-principal with Dalmacio for the killing of
Pedro? Give your reasons. (5%)

VII.

Jose is charged with bigamy. The Revised Penal Code prescribes the penalty of prision
mayor for this offense. The Information filed against Jose alleged one aggravating
circumstance. Upon being arraigned, he entered the plea of guilty and invoked the
additional mitigating circumstances of voluntary surrender which the trial fiscal admitted.
If you were the judge trying the case, from what range of the prescribed penalty would
you determine the proper penalty (to constitute the maximum term of an indeterminate
sentence) to be imposed on Jose? (5%)

VIII.

Ernani was accused of Estafa. Unable to post a bail bond for his provisional liberty
pending trial of his case, he was detained in the city jail. On the date of the hearing of
the Estafa case, Daniel, a policeman detailed in the city jail, escorted Ernani to the city
hall for the trial. Daniel removed the handcuffs of Ernani and allowed him to sit on one
of the chairs inside the courtroom. As Daniel was talking to a lawyer inside the
courtroom, Ernani, with the help of a cigarette vendor, Meynardo, who used his
cigarette container as cover, surreptitiously moved out of the room and escaped. Ernani
and Meynardo went to the comfort room for a while, then went down the stairs and lost
themselves in the crowd. What crime or crimes were committed by Ernani, Daniel and
Meynardo? Give your reasons. (7%)
IX.

Alberto, Bernardo and Carlos were looking for a person named Virgilio whom Carlos
suspected of stealing his fighting cock. Alberto and Bernardo were policemen, while
Carlos was a caretaker of fighting cocks. Carlos requested Alberto and Bernardo, then

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in uniform, to accompany him to Virgilio’s house to look for the fighting cock. Alberto,
Bernardo and Carlos went to Virgilio’s house. When the policemen knocked on the
door, Virgilio’s wife, Maria, opened it. The policemen told Maria that they came to
inquire about a lost fighting cock. Before Maria could utter a word, the trio barged inside
the house. Once inside, the policemen told Maria that Carlos was suspecting her
husband, Virgilio, to have stolen his fighting cock. Maria protested and immediately
required the three to leave. The policemen refused. Instead, they started searching the
house for the fighting cock over the objections of Maria who said that she would file a
complaint against them after her husband comes from work. As they did not see any
fighting cock, the three left. What crimes, if any, did Alberto, Bernardo and Carlos
commit? (3%)

X.

“A” is married to the sister of “B”, and the three (3) live together in a house located at
Caloocan City. On several occasions, “B’s” dog would bark at “A” everytime he arrives
at past midnight. One time, after arriving in the house at around 2 o’clock in the
morning, “B’s” dog barked continuously at “A.” In a fit of anger, “A” entered the house,
took a bolo and killed the dog. What crime was committed and what is liability of “A”?
Explain. (2.5%)

XI.

Rina, who was a suspended Clerk of Court, was convicted of malversation and was
sentenced to imprisonment, to pay a fine of P5, 000.00 and to indemnify the
government in the same amount. Pending appeal in the Court of Appeals, she was
extended an absolute pardon by the President. Thus, she applied for reinstatement,
payment of backwages and absolution from payment of the fine and indemnity. Decide
the issue with reasons. (2.5%)

XII.

A. Melda, who is the private secretary of Judge Tolits Naya, was persuaded by a
litigant, Jumbo, to have his case calendared as early as possible for a
consideration of P1, 000.00. May she be held criminally liable for this
accommodation? Explain your answer. (2.5%)

B. What will be the criminal liability of Melda if she volunteered to persuade Judge
Tolits Naya to rule in Jumbo’s favor without asking any consideration? Explain
your answer. (2.5%)

XIII.

Distinguish Rebellion from Coup d’état. (5%)

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 XIV.

A, who was the client of B (a lawyer), signed a retainer agreement for the payment of
attorney’s fees. After B rendered satisfactory service, A refused to pay the attorney’s
fees. B sued. In her verified answer, A alleged that she did not owe money to plaintiff B
nor did she engage his legal services. These statements under oath were false.

B filed criminal complaint for perjury against A, and an Information was filed in court. If
you are the lawyer for accused A, what is your defense, if any? (2%)

XV.

A asked financial support from her showbiz friend B who accommodated her by issuing
in her favor a postdated check in the sum of P90,000.00. Both of them knew that the
check would not be honored because B’s account had just been closed. The two then
approached trader C whom they asked to change the check with cash, even agreeing
that the exchange be discounted at P85,000.00 with the assurance that the check shall
be funded upon maturity. Upon C’s presentment of the check for payment on due date,
it was dishonored because the account had already been closed.

What action/s may C commence against A and B to hold them to account for the loss of
her P85,000.00? Explain. (3%)

XVI.

A killed his wife and buried her in their backyard. He immediately went into hiding in the
mountains.

Three years later, the bones of A’s wife were discovered by X, the gardener. Since X
had a standing warrant of arrest, he hid the bones in an old clay jar and kept quiet about
it. After two years, Z, the caretaker, found the bones and reported the matter to the
police.

After 15 years of hiding, A left the country but returned three years later to take care of
his ailing sibling. Six years thereafter, he< was charged with parricide but raised the
defense of prescription.

A. Under the Revised Penal Code, when does the period of prescription of a crime
commence to run? (1%)
B. When is it interrupted? (1%)
C. Is A’s defense tenable? Explain. (3%)

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 XVII.

Angelo devised a Ponzi Scheme in which 500 persons were deceived into investing
their money upon a promise of a capital return of 25%, computed monthly, and
guaranteed by post-dated checks. During the first two months following the investment,
the investors received their profits, but thereafter, Angelo vanished.

Angelo was charged with 500 counts of estafa and 2,000 counts of violation of Batas
Pambansa (BP) 22. In his motion to quash, Angelo contends that he committed a
continued crime, or delito continuado, hence, he committed only one count of estafa
and one count of violation of BP 22. 

A. What is delito continuado? (1%)

B. Is Angelo’s contention tenable? Explain. (4%)

XVIII.

Matt was found guilty of drug trafficking while his younger brother Jeff was found guilty
of possession of equipment, instrument, apparatus and other paraphernalia for
dangerous drugs under Section 12 of Republic Act No. 9165.

Matt filed a petition for probation. Jeff appealed his conviction during the pendency of
which he also filed a petition for probation.

The brothers’ counsel argued that they being first time offenders, their petitions for
probation should be granted. How would you resolve the brothers’ petitions for
probation? Explain. (3%)

XIX.

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 a 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. Was the charge of qualified piracy against the three person (Max, Badong and
Bogart ) who boarded the inter-island vessel correct? Explain. (4%)

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 B. Was Dodong correctly charged before the Philippine court for qualified piracy?
Explain. (3%) 

XX.

Ricky was reviewing for the bar exam when the commander of a vigilante group came
to him and showed him a list of five policemen to be liquidated by them for graft and
corruption. He was further asked if any of them is innocent. After going over the list,
Ricky pointed to two of the policemen as honest. Later, the vigilante group liquidated the
three other policemen in the list. The commander of the vigilante group reported the
liquidation to Ricky. Is Ricky criminally liable? Explain. (5%)

XXI.

What are the penalties that may be served simultaneously? (5%)

XXII.

What are the different acts of inciting to sedition? (5%)

XXIII.

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 three (3) instances. (5%)