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criminal law bar question 1993

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past bar question; year 1993
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  1993 1.   B imitated the signature of A, registered owner of a lot, in special power of attorney naming him (B) as the attorney-in-fact of A. On February 13, 1964, B mortgaged the lot to a bank using the special power of attorney to obtain a loan of p8,500.00. ON the same day, both the special power of attorney and the mortgage contract were duly registered in the Registry of Dees. Because of B’s failure to pay, the bank foreclosed the mortgage and the lot was sold to X in whose name a new title was issued. In March 1974, A discovered that the property was already registered in the name of X because of an ejectment case filed against him by X. a.   If you were the lawyer of A, with what crime or crimes would you charge B? Explain. b.   If you were the counsel of B, what would be your defense? (estafa) 2.   Juanito was found guilty of Robbery by the RTC of Manila and sentenced to 4 years, 2 months and 1 day of prision correctional as minimum to 8 years and 20 days of prision mayor as maximum. Juanito appealed to the CA which found him guilty only of Theft and sentenced him a a straight penalty of 1 year. The decision of the appellate court was promulgated in May, 1993. a.   Is Juanito entitled to the benefits of the Probate Law which became effective on Jan. 3, 1978? Why? b.   Suppose the prison term imposed by the RTC in the above example is only 2 years as minimum to 6 years as maximum and Juanito did not appeal. When he applied for probation, it was discovered that in March 1960, a Municipal Court has sentenced him to a 6 months imprisonment for less serious physical injuries which he fully served. May his application for probation be granted? Reason out. (special law) 3.   Arevalo, a judge who heard a civil case, received gifts from Maricel, the plaintiff therein, but rendered judgement in favor of Julie, the defendant therein. Who are criminally liable, and for what crime or crimes? Explain. (Special Law and Bribery) 4.   Through kickbacks, percentage or commissions and other fraudulent schemes/conveyances and taking advantage of his position, Andy, a former mayor of a suburban town, acquired assets amounting to P10 billion which in grossly disproportionate to his lawful income. Due to his influence and connections and despite knowledge by the crime plunder only after 20 years from his defeat in the last elections he participated in. a.   May Andy still be held criminally liable? Why? b.   Can the State still recover the properties and assets that he illegally acquired, the bulk of which is in the name of his wife and children? Reason out. (Special Law) 5.   Sometime in Dec. 1992, retired Lt. Col. Agaton, celebrating the first year of his compulsory retirement from celebrating the first year of his compulsory retirement from the Armed Forces of the Philippines, had in his company a 14 year old girl whose parents were killed by the Mt. Pinatubo eruption and being totally orphaned has been living or fending for herself in the streets in Manila. They were alone in one room in a beach resort and stayed there for two  nights. No sexual intercourse took place between them. Before they parted, retired Lt. Col. Agaton gave the girl P1,000.00 for her services. She gladly accepted it. a.   What crime may the retired colonel be charged with, if any? Discuss. b.   What possible defense can he interpose? Explain. 6.   As a result of a misunderstanding during a meeting, Joe was mauled by Nestor, Jolan, Reden and Arthur. He ran towards his house but the four chased and caught him. Thereafter, they tied Joe’s hands at his back and attacked him. Nestor used a knife; Johan, a shovel; Arthur, his fists; and Reden, a piece of wood. After killing Joe, Reden ordered the digging of a grave to bury Joe’s lifeless body. Thereafter, the four left together. Convicted for the killing of Joe, Arthur now claims that his conviction is erroneous as it was not he who inflicted the fatal blow. a.   Would you sustain his claim? Why? b.   What was the crime committed by the four assailants? Discuss with reasons. (conspiracy) (murder) 7.   Because of a pedency of a labor dispute, 2 belligerent labor unions had a confrontation in a picket line during which the President and the Secretary of one union shouted to the members and officers of the rival union composed of men and women, the following : “ Mga supot, mga walang bayag, mgakabit ng Intsik, mga tula, mga segunda mano.”  Are the President and the Secretary of said union liable for oral defeamation/slander? Explain. (oral defamation) 8.   Juan and Petra are officemates. Later, intimacy developed between them. One day, Juan sent to Petra a booklet contained in a pay envelope which was securely sealed. The booklet is unquestionably indecent and highly offensive to morals. Juan was thereafter charged under par. 3 of Art. 201 of the RPC, as amended by PD 969, which provides that the penalty of prision mayor or a fine from P6,000.00 to P12,000.00, or both such imprisonment and fine shall be imposed upon those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. Is Juan guilty of the crime charged? Reasons. 9.   Tong and Theresa got married before a judge, Theresa is below 18 years old. Their marriage was effected because Theresa and her mother, Petra, at the instigation of Tong, assured the judge who solemnized the marriage ceremony, that Theresa was 19 years old and that her father was already dead. Upon Tong’s prodding too, Petra gave her consent . The father of Theresa, who was actually not dead, heard of what took place. Not being content in only instituting an action for annulment of their marriage, he desired to prosecute Tong. The father considered you for the purpose of filling a criminal action against Tong. With what crime would you charge Tong? Explain. (Art. 350) 10.   L, a Municipal Mayor, issued an appointment in favor of legitimate son, S, as meat inspector in the Office of the Municipal Treasurer. He also issued a certification that S is not related to him  within the third degree of consanguinity. The Civil Service Commisiion approved the appointment. L, was charged and found guilty of falsification of public documents. In his appeal, he argued that his conviction is erroneous because he had no legal obligation to disclose the truth about his relationship with the appointee and that he was in good faith as he later on revoked the appointment. Resolve his plea, supporting your resolution with reasons. (falsification) 11.   A. Pat. Negre saw Filemon, an inmate, escaping from jail and ordered the latter to surrender. Instead of doing so, Filemon attacked Pat. Negre with a bamboo spear. Filemon missed in his first attempt to hit Pat. Negre, and before he could strike again, Pat. Negre shot and killed him. Can Pat. Negre claim self defense? Explain. B. Suppose Pat Negre missed in his shot, and Filemon ran away without parting with his weapon. Pat Negre fired warning shots into the air shouting for Filemon to stop. Inasmuch as Filemon continued running Pat Negre fired at him hitting and killing him. Is the plea of self-defense sustainable? Why would you then hold Pat Negre criminally liable? Discuss. (Justifying Circumstances) 12.   Explain and illustrate the following: 1.) aberration ictus 2.) impossible crime, and 3.) subornation of perjury? 13.   Manny was apprehended in a buy-bust operation during which one deck of shabu was delivered by him to the policeman posting as buyer and another deck of shabu was taken from his pocket after his body was frisked before he was actually brought to the police precinct. Convicted of violating sec. 15 (sale and distribution of regulated drugs) and 16 (possession or use of regulated drugs) of the Dangerous Drugs Law, he was sentenced to 30 years of life imprisonment and payment of a fine of P20,000 (for violating sec. 15) and to imprisonment of 8 years and payment of fine of P6,000.00 (for violating sec. 16). He then sought the reversal of the decision, on the following grounds: First, he could not be convicted of having violated sec. 15 because he has not yet received the money from the buyer and the sale is not yet consummated; Second, his conviction under sec. 16 is erroneous because his possession of shabu is absorbed in the charge of illegal sale or delivery; and Third, it is unbelievable that he would sell the confiscated shabu in a short in a sari sari store near the national road open to the public view and to a stranger. a.   If you were the Solicitor Gneral, how would you rebut the arguments of the accused? Discuss fully. b.   Give your comment with regard to the penalties imposed. (drugs)  14.   A. Ariel intimidated Rache, a mental retardate, with a bolo into having sexual intercourse with him. Rachel’s mother immediately filed a complaint, supported by her swron state ment, before the City Prosecutor’s Office. After the nece ssary preliminary investigation, an information was signed by the prosecutor but did not contain the signature of Rachel nor or her mother. Citing Art. 344 of the RPC (prosecution of the crimes of rape, etc.), Ariel moves for the dismissal of the case. Resolve with reasons. B. After the prosecution had rested its case, Ariel presented a sworn affidavit of desistance executed by Rachel and her mother stating that they are no longer interested in prosecuting the case and that they have pardoned Ariel. What effect would this affidavit of desistance have on the criminal and civil aspects of the case? Explain fully. (Art. 100-103) 15.   Mick, a gay foreigner, fondled and played with the private part of Egay ,an 11 year old boy, who enjoyed it and gladly received the P100.00 given him by the foreigner. a.   What crime, if any, was committed by the foreigner? Explain. b.   If the act was committed on City, an 11 years old girl; would your asnwer be the same? Discuss. 16.   C told his lawyer, Atty. T, to settle the criminal case the filed against L, and so Atty. T called up through telephone L and informed him that C is willing to have the case dismissed provided that L pays P8,000.00 and makes a public apology. L told Atty. T to call him up the following day as he would consult his lawyer. The following day when Atty. T called up L, the latter requested his lawyer Atty. X, who was in his (L’s) office at that time, to secretly listen to the telephone convers ation through a telephone extension. When the P8,000.00 agreed upon on the telephone was delivered to Atty. T at the appointed place and time, he (Atty. T) was arrested by the police for Robbery/extortion on complaint of L who was accompanied by his lawyer, Atty. X. The latter executed an affidavit stating that he heard Atty. T demanding P8,000.00 for the withdrawal of the criminal complaint through a telephone extension. ON the basis of X and L for violation of sec. 1 of RA No. 4200, otherwise known as rtje Anti-Wire Tapping Ac t, which says: “ It shall be unlawful for any person not being authorized by all the parties to any private conversation or spoken word to tap any wire or cable or by using any other device or arraignment, to secretly overhear, intercept or record such com monly known as Dictaphone or dictograph, or however otherwise described.”  If yow re the Judge, would you convict or acquit L and his lawyer, Atty, X? Support your decision with reasons. 17.   Pablo, disobeying a judicial order, was punished by an RTC Judge of Manila for contempt. He waited for the judge to go out into the street. Upon seeing the judge, Pablo hurriedly
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