1E FINALS under Prosecutest

Option 2

Art. 129 (Search warrants maliciously obtained, and abuse in the service of those legally
obtained)
148 (Direct Assault), 149 (Indirect Assault), 151 (Resistance and disobedience to a person in
authority or his agents)
RA 11332 (Law on Reporting of Communicable Diseases), RA 11469 (Bayanihan To Heal
as One Act)
RA 9165 as amended by RA 10461 (Dangerous Drugs Act)
PD 1602 (Stiffer Penalties for Illegal Gambling), RA 9287 (Increasing Penalties for Illegal
Numbers Games)
Art. 210 (Direct bribery), 211 (Indirect bribery), 211-A (Qualified bribery), 212 (Corruption of
public officials), 217 (Malversation of public funds or property), RA 7080 (Plunder)
Art. 248 (Murder), 249 (Homicide), 263 (Serious physical injuries), 265 (Less serious
physical injuries), 266 (Slight physical injuries and maltreatment), 266-A (Rape), RA 7610
(Special Protection of Children Against Abuse, Exploitation and Discrimination Act), RA 9262
(Anti-violence Against Women and Their Children Act)
Art. 308 (Theft), 309 (Penalties), 310 (Qualified theft)
Libel and RA 10175 (Cybercrime Prevention Act)
Reckless Imprudence

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Bar Questions with Suggested Answers

1. Sixteen year old Aliswan prodded Ametyst, 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.. he was really sobbing in a muffled manner. He then undressed himself while
locking 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 sitting 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 Allesso.
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 set 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 twin
brother, had committed rape.
(a) A criminal complaint for attempied rape with homicide was brought against
Aliswan in the Prosecutor’s Office. However, after preliminary investigation, the
investigating Prosecutor recommended the filing of two separate informations-one for
attempted rape and the other for homicide. Do you agree with the recommendation?
Explain your answer. (3%)

SUGGESTED ANSWER: (a) I do not agree with the recommendation for the filing of
attempted rape. Intent to have sexual intercourse is an essential element of
attempted rape. In other words, intent to lie with the victim must be closer. However,
this intent is not established for failure to show that Aliswan had done acts to have
sex with Amethyst (Cruz.v. People, G.R. No. 166441, October 08, 2014); or that
Aliswan had actually commenced toforce his penis into the victim’s sexual organ
(People v Banzuela, G.R. NO. 202060, December 11, 2013). Moreover, he
spontaneously desisted from committing further lascivious acts after undressing
Amethyst which is a defense in attempted rape. Undressing the victim with lewd
design merely constitutes acts of lasciviousness (People v. Sanico, G.R. No, 208469,
August 13, 2014).

However, I agree with the recommendation of separate charges instead of a special

complex crime. Acts of lasciviousness cannot be merged with homicide to form a
special complex crime. There is no special complex crime of acts of lasciviousness
with homicide under the statute books; moreover, to be held liable of a special
complex crime, there must be a direct connection between the components thereof.
In this case, thehomicide is not directly connected with the acts of lasciviousness
since the killing was motivated by personal grudge of Aliswan against Alesso,which
has no link to the crime committed against Amethyst.

(b). Before the trial court, Aliswan moved that the cases should be dismissed because
he was entitled to the exempting circumstance of minority. Is his motion correct?
Explain your answer (3%)

SUGGESTED ANSWER: (b) Since Aliswan’s age is above 15 but below 18, being
the twin brother of 16 year old Aliswan, the exempting circumstance of minority shall
be appreciated in his favor unless it is shown that he acted with discernment. The
cases are not dismissible since the prosecution must be first given opportunity to
present evidence to establish that Aliswan acted with discernment.

(c) After receiving medical attendance for 10 days. Alisto consulted you about filing
the proper criminal complaint against Amante What crimes, if any, will you charge
Amante with? Explain your answer. (3%)

(c) In Peopley Lasala (G.R. No. L-12141, January 30, 1962) which is similar to this
case, the Supreme Court ruled that the crime committed is Less Serious Physical
 Injuries under Art 265 of the Revised Penal Code as the medical attendance is for a
period of ten (10) days only.
Considering, however, that the Less Serious Physical Injuries was inflicted with
manifest intent to insult or offend the offended party or under circumstances adding
ignominy to the offense, there shall be an added penalty of fine not exceeding P500
pesos (Art. 265, par. 2)
(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? (3%)

SUGGESTED ANSWER:(d) The defense raised by Amante is error in personae. This

defense is not proper because of Article 4 of the Revised Penal Code, which
provides that a person committing a felony is liable criminally although the wrongful
act done be different from unlawful intent Thus, under this provision, Amante is liable
for the wrongful act done, and that is child abuse against Alisto, although it differs
from the wrongful act intended, and that is abusing Aliswan.

2. A, a teacher at Mapa High School, having gotten mad at X, one of his pupils, because of
the latter's throwing paper clips at his classmates, twisted his right ear. X went out of the
classroom crying and proceeded home located at the back of the school. He reported to his
parents Y and Z what A had done to him. Y and Z immediately proceeded to the school
building and because they were running and talking in loud voices, they were seen by the
barangay chairman, B, who followed them as he suspected that an untoward incident might
happen. Upon seeing A inside the classroom, X pointed him out to his father, Y, who
administered a fist blow on A, causing him to fall down. When Y was about to kick A, B
rushed towards Y and pinned both of the latter's arms. Seeing his father being held by B, X
went near and punched B on the face, which caused him to lose his grip on Y. Throughout
this incident, Z shouted words of encouragement at Y, her husband, and also threatened to
slap A. Some security guards of the school arrived, intervened and surrounded X, Y and Z
so that they could be investigated in the principal's office. Before leaving, Z passed near A
and threw a small flower pot at him but it was deflected by B.

a) What, if any, are the respective criminal liability of X Y and Z? (6%)

a) X is liable for Direct Assault only, assuming the physical injuries inflicted on B, the
Barangay Chairman, to be only slight and hence, would be absorbed in the direct
assault. A Barangay Chairman is a person in authority (Art. 152, RPC) and in this
case, was performing his duty of maintaining peace and order when attacked. Y is
liable for the complex crimes of Direct Assault With Less Serious Physical Injuries for
the fist blow on A, the teacher, which caused the latter to fall down. For purposes of
the crimes in Arts. 148 and 151 of the Revised Penal Code, a teacher is considered a
person in authority, and having been attacked by Y by reason of his performance of
official duty, direct assault is committed with the resulting less serious physical
injuries completed. Z, the mother of X and wife of Y may only be liable as an
 accomplice to the complex crimes of direct assault with less serious physical injuries
committed by Y. Her participation should not be considered as that of a coprincipal,
since her reactions were only incited by her relationship to X and Y. as the mother of
X and the wife of Y.

b) Would your answer be the same if B were a barangay tanod only? (4%)

b) If B were a Barangay Tanod only, the act of X of laying hand on him, being an
agent of a person in authority only, would constitute the crime of Resistance and
Disobedience under Article 151, since X, a high school pupil, could not be considered
as having acted out of contempt for authority but more of helping his father get free
from the grip of B. Laying hand on an agent of a person in authority is not ipso facto
direct assault, while it would always be direct assault if done to a person in authority
in defiance to the latter is exercise of authority.

3. A, a lady professor, was giving an examination. She noticed B, one of the students,
cheating. She called the student's attention and confiscated his examination booklet, causing
embarrassment to him. The following day, while the class was going on, the student, B,
approached A and, without any warning, slapped her. B would have inflicted further injuries
on A had not C, another student, come to A's rescue and prevented B from continuing his
attack. B turned his ire on C and punched the latter. ​What crime or crimes, if any, did B
commit? Why? (5%)

SUGGESTED ANSWER: B committed two (2) counts of direct assault: one for
slapping the professor, A, who was then conducting classes and thus exercising
authority; and another one for the violence on the student C, who came to the aid of
the said professor. By express provision of Article 152, in relation to Article 148 of the
Revised Penal Code, teachers and professors of public or duly recognized private
schools, colleges and universities in the actual performance of their professional
duties or on the occasion of such performance are deemed persons in authority for
purposes of the crimes of direct assault and of resistance and disobedience in
Articles 148 and 151 of said Code. And any person who comes to the aid of persons
in authority shall be deemed an agent of a person in authority. Accordingly, the attack
on C is, in the eyes of the law, an attack on an agent of a person in authority, not just
an attack on a student.

4. During a seminar workshop attended by government employees from the Bureau of

Customs and the Bureau of Internal Revenue, A, the speaker, in the course of his lecture,
lamented the fact that a great majority of those serving in said agencies were utterly
dishonest and corrupt. The following morning, the whole group of employees in the two
bureaus who attended the seminar, as complainants, filed a criminal complaint against A for
uttering what the group claimed to be defamatory statements of the lecturer. In court, A filed
a motion to quash the information, reciting fully the above facts, on the ground that no crime
were committed.​ If you were the judge, how would you resolve the motion? 8%
 SUGGESTED ANSWER: I would grant the motion to quash on the ground that the
facts charged do not constitute an offense, since there is no definite person or
persons dishonored. The crime of libel or slander, is a crime against honor such that
the person or persons dishonored must be identifiable even by innuendoes:
otherwise the crime against honor is not committed. Moreover, A was not making a
malicious imputation, but merely stating an opinion; he was delivering a lecture with
no malice at all during a seminar workshop. Malice being inherently absent in the
utterance, the statement is not actionable as defamatory.

5. At about 9 o'clock in the morning, a Narcom Group laid a plan to entrap and apprehend A,
a long suspected drug dealer, through a "buy-bust" operation. At the appointed time, the
poseur-buyer approached A who was then with B. A marked P100 bill was handed over to A
who in turn, gave the poseur-buyer one (1) tea bag of marijuana leaves. The members of the
team, who were then positioned behind thick leaves, closed in but evidently were not swift
enough since A and B were able to run away. Two days later, A was arrested in connection
with another incident. It appears that during the operations, the police officers were not able
to seize the marked money but were able to get possession of the marijuana tea bag. A was
subsequently prosecuted for violation of Section 4, Article II of Republic Act No. 6425,
otherwise known as the Dangerous Drugs Act, During the trial, the marked money was not
presented. ​Can A be held liable? Explain. (2%)

SUGGESTED ANSWER: Yes. A can be held liable. The absence of the marked
money will not create a hiatus in the prosecution's evidence as long as the sale of the
dangerous drugs is adequately proven and the drug subject of the transaction is
presented before the court. There was a perfected contract of sale of the drug
(People vs. Ong Co, 245 SCRA 733; People vs. Zervoulakos, 241 SCRA 625).

6. King went to the house of Laura who was alone. Laura offered him a drink and after
consuming three bottles of beer. King made advances to her and with force and violence,
ravished her. Then King killed Laura and took her jewelry. Doming, King's adopted brother,
learned about the incident. He went to Laura's house, hid her body, cleaned everything and
washed the bloodstains inside the room. Later, King gave Jose, his legitimate brother, one
piece of jewelry belonging to Laura. Jose knew that the jewelry was taken from Laura but
nonetheless he sold it for P2,000. ​What crime or crimes did King, Doming and Jose
commit? Discuss their criminal liabilities. (10%)

SUGGESTED ANSWER: King committed the composite crime of Rape with homicide
as a single indivisible offense, not a complex crime, and Theft. The taking of Laura's
jewelry when she is already dead is only theft.

7. Mario found a watch in a jeep he was riding, and since it did not belong to him, he
approached policeman P and delivered the watch with instruction to return the same to
whoever may be found to be the owner. P failed to return the watch to the owner and,
instead, sold it and appropriated for himself the proceeds of the sale. Charged with theft, P
reasoned out that he cannot be found guilty because it was not he who found the watch and,
moreover, the watch turned out to be stolen property. ​Is P's defense valid? (5%)
 SUGGESTED ANSWER: No, P's defense is not valid. In a charge for theft, it is
enough that the personal property subject thereof belongs to another and not to the
offender (P). It is irrelevant whether the person deprived of the possession of the
watch has or has no right to the watch. Theft is committed by one who, with intent to
gain, appropriates property of another without the consent of its owner. And the crime
is committed even when the offender receives property of another but acquires only
physical possession to hold the same.

8. Overjoyed by the award to his firm of a multi-billion government contract for the
development of an economic and tourism hub in the Province of Blank, Mr. Gangnam
allotted the amount of P100 Million to serve as gifts for certain persons instrumental in his
firm’s winning the award. He gave 50% of that amount to Governor Datu; the official who had
signed the contract With the proper authorization from the Sangguniang Panlalawigan; 25%
to Bokal Diva, the Sangguniang Panlalawigan member who had lobbied for the award of the
project in the Sangguniang Panlalawigan; 25% to Mayor Dolor of the Municipality where the
project would be implemented Governor Datu received his share through his wife, Provincial
First Lady Dee, who then deposited the amount in her personal bank account.
Previously, upon facilitation by the Bokal Diva, Mr Gangnam concluded an agreement with
Mayor Dolor for the construction of the Blank Sports Arena worth P800 Million. The project
was highly overpriced because it could be undertaken and completed for not more than
P400 Million. For this project, Mayor Dolor received from Mr. Gangnam a gift of P10 Million,
while Bokal Diva got P25 Million.
In both instances, Bokal Diva had her gifts deposited in the name of her secretary, Terry,
who personally maintained a bank account for Bokal Diva’s share in government projects.
(a) May each of the above-named individuals be held liable for plunder? Explain your
answer.

SUGGESTED ANSWER: (a) The act of receiving P50 Million by Governor Datu
kickback in connection with any government contract or project for the development
of an economic and tourism hub is a predicate crime of plunder. He is not liable,
however, for plunder. To be held liable for plunder, the pubic officer must amass,
accumulate or acquire ill-gotten wealth through a combination or series of overt or
criminal acts. The word “combination” means at least two different predicate crimes,
while the term “series” means at least two predicate crimes of the same kind (Ejercito
v. Sandiganbayan, G.R. Nos. 157294-95, November 30, 2006). A single predicate
crime amounting to 50 million pesos is not plunder. The intention of the lawmakers is
that if there is only one predicate crime, the offender has to be prosecuted under the
particular crime, which is already covered by existing laws. What is punishable under
the law is “acts of plunder”, which means that there should be at least two or more
predicate crimes (See deliberation of the Bicameral Committee on Justice, May 7,
1991).

The series of acts of receiving by Mayor Dolor Kickback or gift in the amount of P25
million and P10 million in connection with any government contract or project for the
development of an economic and tourism hub and for the construction of the Blank
Sports Arena, respectively, are predicate crimes of plunder. However, the aggregate
 amount of il-gotten Wealth acquired is less than P50 million. Hence, plunder is not
committed since element that the aggregate amount of ill-gotten wealth of at least
P50 million is not present.

Bokal Diva is liable for plunder because he acquired ill-gotten wealth in the aggregate
amount of P50 million through a series of predicate crimes consisting of receipts of
kickback or gift in the amount of P25 million and P25 million in connection with any
government contract or project for the development of an economic and tourism tub
and for the construction of the Blank Sports Arena, respectively. Mr. Gangnam, for
giving kickbacks to Bokal Diva, and Terry for depositing the money in his account for
Bokal Diva are also liable for plunder. Under RA No. 7080, any person who
participated with the said public officer in the commission of an offense contributing
to the crime of plunder shall likewise be punished for such offense.

(b) Define wheel conspiracy and chain conspiracy. Is either or both kinds existent
herein? Explain your answer. (4%)

SUGGESTED ANSWER: (b) In the case at bar, both type of conspiracy exists. The
distribution of commissions or gifts by Mr. Gangnam and the acceptance of Governor
Datu, Bokal Diva, Mayor Dolor is a type of wheel conspiracy where a single person,
Mr. Gangnam, dealt individually with the public officials to commit the overt acts. The
chain conspiracy, on the other hand, is evident in the overpricing of the sports
complex through the facilitation of Bokal Diva, the conclusion of the agreements by
Mayor Dolor, and the distribution of the gifts by Mr. Gangnam.

ALTERNATIVE ANSWER: (b) There are two structures of multiple conspiracies,

namely: wheel or circle conspiracy and chain conspiracy. Under the wheel or circle
conspiracy, there is a single person or group (the “hub”) dealing individually with two
or more other persons or groups (the “spokes”) (Fernan, Jr. v. People, GR No.
145927, August 24, 2007).
In wheel conspiracy involving plunder, the hub or the principal plunder amasses,
accumulates and acquires ill-gotten wealth in connivance with others or spokes. In
plunder, the hub or principal plunder must be, and is, a public officer (GMA V People,
G.R. No. 220598, July 19, 2016); but the spokes can be a private individual (Enrile v.
People, G.R. No. 213455, August 11, 2015). In this case, there is no wheel
conspiracy involving plunder. Mr. Gangnam cannot be considered as a hub since he
is not a public officer.
Under the chain conspiracy, usually involving the distribution of narcotics or other
contraband, in which there is successive communication and cooperation in much
the same way as with. legitimate business operations between manufacturer and
wholesaler, then wholesaler and retailer, and then retailer and consumer (Fernan, Jr.
v. People, G.R. No. 145927, August 24, 2007.).
There is chain conspiracy involving plunder in this case. Bokal Diva conspired with
Mr. Gangnam in committing plunder, and then, he conspired with Terry, his
secretary, in hiding his ill-gotten wealth, by depositing the proceeds of plunder under
the account of the latter. Because of chain conspiracy; Bokal Diva, Mr. Gangnam and
 Terry are liable for plunder. Under RA No. 7080, any person who participated with
the said public officer in the commission of an offense contributing to the crime of
plunder shall likewise be punished for such offense.

(d) What crimes under the Revised Penal Code, if any, were committed, specifying the
persons liable therefor? Explain your answer. (4%)

SUGGESTED ANSWER: (d) Governor Datu, Mayor Dolor and Bokal Diva are liable
for indirect bribery under Art. 211, RPC for receiving money from Mr. Gangnam
offered to change by reason of their position as public officers while the latter is liable
for corruption of public officer. Direct bribery is not committed since there is no
showing that they received the money by virtue of an agreement to commit a crime or
unjust act in connection : with the development of an economic and tourism hub and
construction of the Blank Sports Arena. The facts given above merely showed receipt
of gifts.
Meanwhile, Mr. Gangnam is liable for corruption of public officer under Article 212 of
the RPC because of his act of giving gifts to the public officers.

9. Mr. S, a businessman and information technology practitioner, claimed to have devised an

innovative business model. He would diligently compile a list of known personalities and
entities in the fields of entertainment, arts, culture, and sports, and acquire numerous
domain names in the internet using the names of these known personalities and entities for
the purpose of selling these registered domain names to said personalities and entities in the
future. ​Does Mr. S’s “innovative business model” expose him to any criminal liability
under the Cybercrime Prevention Act of 2012? If so, for what crime? Explain. (2.5%)

POSSIBLE ANSWER: (6) Cyber-squatting: The acquisition of a domain name over

the internet in bad faith to profit, mislead, destroy reputation, and deprive others from
registering the same, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration; (ii)
Identical or in any way similar with the name of a person other than the registrant, in
case of a personal name; and (iii) Acquired without right or with intellectual property
interests in it.

10. Mang Jose, a septuagenarian, was walking with his ten-year old grandson along Paseo
de Roxas and decided to cross at the intersection of Makati Avenue but both were hit by a
speeding CRV Honda van and were sent sprawling on the pavement a meter apart. The
driver, a Chinese mestizo, stopped his car after hitting the two victims but then reversed his
gears and ran over Mang Jose's prostrate body anew and third time by advancing his car
forward. The grandson suffered broken legs only and survived but Mang Jose suffered
multiple fractures and broken ribs, causing his instant death. The driver was arrested and
charged with Murder for the death of Mang Jose and Serious Physical Injuries through
Reckless Imprudence with respect to the grandson. ​Are the charges correct? Explain.
(5%)
SUGGESTED ANSWER: Yes, the charges are correct. For deliberately running over
Mang Jose's prostrate body after having bumped him and his grandson, the driver
indeed committed Murder, qualified by treachery. Said driver's deliberate intent to kill
Mang Jose was demonstrated by his running over the latter's body twice, by backing
up the van and driving it forward, whereas the victim was helpless and not in a
position to defend himself or to retaliate. As to the serious physical injuries sustained
by Mang Jose's 10-year old grandson, as a result of having been hit by the speeding
vehicle of said driver, the same were the result of reckless imprudence which is
punishable as a quasi-offense in Article 365 of the Revised Penal Code. The charge
of Reckless Imprudence Resulting to Serious Physical Injuries is correct. The penalty
next higher in degree to what ordinarily should be imposed is called for, since the
driver did not lend help on the spot, which help he could have given to the victims.