Bar Questions Based

Question 1

What are the constitutional limitations of penal laws?

Answer 1

1. Equal Protection
   a. It must rest on substantial distinctions.
   b. It must be germane to the purpose of the law.
   c. It must not be limited to existing conditions only.
   d. It must apply equally to all members of the same class.
2. Due Process
3. Bill of Attainder
   A bill of attainder is a legislative act which inflicts punishment without judicial trial.
   Its essence is the substitution of a legislative act for a judicial determination of guilt.
4. Ex Post Facto Law

An ex post facto law is one which:
(M-A-C-A-D)
a. MAKES criminal an act done before the passage of the law and which was innocent when done, and punishes such an act;
b. AGGRAVATES a crime, or makes it greater than it was when first committed;
c. CHANGES the punishment and inflicts a greater punishment than the law annexed to the crime when committed;
d. ALTERS the legal rule of evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense;
e. DEPRIVES a person accused of a crime some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty.

5. Excessive Fines, Cruel, Degrading or Inhuman Punishment

Question 2

What is the effect of decriminalization?

Answer 2

As if there is no crime. Nullum crimen, nullum poena sine lege. The court loses jurisdiction to punish the crime.

Question 3

Effect of an absolute repeal of a criminal law: General rule and exceptions

Answer 3

General Rule:
The absolute repeal of a penal law deprives the court of its authority to punish a person charged with violation of the old law prior to its repeal. The criminal liability under the repealed law is generally extinguished.

XPN:
Exceptions:

1. When the repealing statute contains a saving clause providing that the repeal shall have no effect on pending actions.
2. When the repealing act re-enacts the former statute and punishes the act previously penalized under the old law. In this case, the act committed before the re-enactment continues to be an offense, and pending cases are not affected, even if the new penalty is more favorable to the accused.

Question 4

1. Can an expressly repealed law be revived by a subsequent law repealing the repealing law?
2. Can an impliedly repealed law be revived by a subsequent law repealing the repealing law?

Answer 4

1. No, unless otherwise provided by law.
2. Yes

Question 5

In dubio, pro reo
Rule of lenity
Equipose rule

Answer 5

Under the doctrine of pro reo, penal laws are to be construed liberally to the offender as is consistent with the constitutional guarantee that an accused shall be presumed innocent until his guilt is established beyond reasonable doubt. In dubio pro reo. When in doubt, rule for the accused.

The rule applies when the court is faced with two possible interpretations of a penal statute, one that is prejudicial to the accused and another that is favorable to him. The rule calls for the adoption of an interpretation which is more lenient to the accused.

Where the evidence in a criminal case is evenly balanced, the constitutional presumption of innocence tilts the scales in favor of the accused.

Question 6

What are the exceptions under the generality principle?

Answer 6

1. Treaty stipulations and international agreements
2. Principles of international law
   a. Diplomats are immune from civil and criminal prosecution. (blanket diplomatic immunity)
   b. Consuls are immune from criminal prosecution for consular acts.
3. Laws of preferential application
   a. Muslims need not follow the prohibition on bigamy.
4. Parliamentary Immunity
   a. While congress is in session, a member of the same cannot be arrested for a crime committed with a prescribed penalty of not more than 6 years.
   b. Legislators cannot be questioned or held liable in any other place for any speech, debate, or utterance made in the discharge of their official functions within the halls of Congress
5. President of the Philippines
   Immune from suit during his tenure.

Question 7

Explain extraterritoriality and RPC laws in coverage

Answer 7

Extraterritoriality:
The law will have application even outside the territorial jurisdiction of the state in the foregoing exceptions.

1. The offender should commit an offense while on a Philippine ship or airship (fact of registration is in the Philippines).
2. The offender should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands (Arts. 163 & 166, RPC).
3. The offender should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned above.
4. While being public officers or employees, the offender should commit an offense in the exercise of their functions.
5. The offender should commit any of the crimes against national security and the law of nations (Arts. 114-123, RPC).

Question 8

Convention on the law of the sea rules

Answer 8

The flag state has jurisdiction over crimes committed in a foreign merchant vessel within Philippine territorial seas except: (CeDAN
1. the CONSEQUENCES EXTEND to the Philippines
2. the crime is of a kind to DISTURB the peace of the Philippines or the good order of the territorial sea
3. if the ASSISTANCE of the local authorities has been requested by the master of the ship, diplomatic officers, or consular officers of the flag state
4. if such measures are NECESSARY for the suppression of illicit traffic of NARCOTICS drugs or psychotropic substances

Question 9

What is the flag state rule?

Answer 9

The flag state rule refers to the fundamental principle of international maritime law where a ship’s flag state is the country where the vessel is officially registered, granting it the right to fly that flag and operate under the country’s jurisdiction.

Question 10

When shall criminal liability be incurred?

Answer 10

1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
2. Impossible crime
   Requisites of an Impossible Crime: (PEIN)

a. The act performed would be an Offense against PERSONS OR PROPERTY;
b. The act was done with EVIL INTENT;
c. The accomplishment is INHERENTLY IMPOSSIBLE or the means employed is either INADEQUATE or INEFFECTUAL;
d. The act performed should NOT constitute a violation of another provision of the Revised Penal Code.

Additional Notes:
The offender must believe that he can consummate the intended crime. For example, a man stabbing another who he knows is already dead cannot be liable for an impossible crime.

There is no impossible crime of kidnapping.

Question 11

Elements of Consummated, Frustrated, and Attempted crime

Answer 11

1. Consummated
   When all acts for its accomplishment and execution has produced the crime
2. Frustrated (ANI)
   a. The offender performs ALL the acts of execution which would produce the felony as a result,
   b. the intended felony was NOT produced
   c. by reason of causes INDEPENDENT of the will of the perpetrator.
3. Attempted (CONS)
   a. The offender COMMENCES the commission of a felony directly
   b. OVERT acts were performed
   c. NOT all the acts of execution which should produce the felony were performed
   d. by reason of some cause or accident other than his own SPONTANEOUS DESISTANCE.

Question 12

Enumerate the Formal Crimes

Answer 12

“CATS FLiP”
C – Coup d’état
A – Acts of Lasciviousness / Adultery
T – Threat
S – Slander
F – False Testimony
L – Libel
i – (i)njuries – Physical Injuries
P – Perjury / (also stands for) culpable (P) Felony

Question 13

When is rape attempted?

Answer 13

It is attempted when there is no contact or insertion with the vulval cleft/labia majora.

Question 14

When is there frustrated arson?

Answer 14

When a object for combustion is placed beside a building/structure but does not reach/burn the structure.

Question 15

Attempted and Frustrated Estafa

Answer 15

1. Attempted if performed the fraudulent act(falsification) but failed to perform the act that would cause damage(receiving).
2. Frustrated if performed both but apprehended.

Question 16

What are the justifying circumstance and their elements? (AFO)

Does self-defense only apply to consummated crimes?

Answer 16

1. Self-defense(URL)

First. Unlawful aggression;
Second. Reasonable necessity of the means employed to prevent or repel it;
Third. Lack of sufficient provocation on the part of the person defending himself.

Note: Self-defense applies to other stages of execution, not just consummated.

2. Defense of relatives;

a. Unlawful aggression;
b. Reasonable necessity of the means employed to prevent or repel it;
c. In case the provocation was given by the person attacked, the one making a defense had No Part therein.

Relatives Covered under the Justifying Circumstance (SpADLR)
a. Spouse;
b. Ascendants;
c. Descendants;
d. Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degree (namely, ascendants-in-law, descendants-in-law, and siblings-in-law);
e. Relatives by consanguinity within the 4th civil degree.

3. Defense of stranger;

a. Unlawful aggression;
b. Reasonable necessity of the means employed to prevent or repel it;
c. The person defending be Not Induced by REVENGE, RESENTMENT, or other EVIL MOTIVE(REVRe).

4. Avoidance of greater evil or injury (State of Necessity); (PIgED)

a. There be no other PRACTICAL and less harmful means of preventing the evil; and
b. The INJURY feared must be GREATER than that done to avoid it;
c. The EVIL sought to be avoided actually exists;
d. The state of necessity or emergency was not DUE to the fault or negligence of the person claiming it.

5. Fulfillment of duty or exercise of right or office; and

Requisites of Fulfillment of Duty (Pe-N)
a. Accused acted in the PERFORMANCE of a duty or in the lawful exercise of a right or office; and
b. Injury caused or offense committed be the NECESSARY consequence of the due performance of duty or the lawful exercise of such right or office.

6. Obedience to an order of a superior.

Requisites of Obedience to an Order Issued for Some Lawful Purpose (M-O-L) 1. An ORDER has been issued by a superior;
2. Such order must be for some LAWFUL purpose; and
3. MEANS used by the subordinate to carry out said order is lawful.

Question 17

Who are exempted from criminal liability?

When should the insanity exist?
Effects of Insanity

What shall happen if minor is exempt from criminal liability?

Answer 17

MALIFeC
1. Mental Incapacity
Imbecile or insane person, unless the latter acted during a lucid interval.

Imbecile - 7 and below

Insanity must exist at the time of the commission of the crime.

Effects of Insanity of the Accused
a. At the time of the commission of the crime – exempted from criminal liability.

b. During trial – proceedings are suspended until the mental capacity of the accused is restored to afford him fair trial. Accused is then committed to a hospital.

c. After judgment or while serving sentence – execution of judgment is suspended, and the accused will be committed to a hospital. The period of confinement in the hospital is counted for the purpose of the prescription of the penalty.

2. Age/Minority
   15<age<18 - liable

If exempt, the sentence shall be suspended.

3. Lawful Exercise/Accident(LawDAW)
   a. A person is performing a Lawful act; NOTE: The act causing the injury should be lawful, that is, permitted not only by law but also by regulations.
   b. With Due care;
   c. He causes injury to another by mere Accident; and
   d. Without fault or intention of causing it.
4. Irresistible Force
   Requisites of Compulsion of Irresistible Force (P-I-T)
   a. Compulsion is by means of PHYSICAL force;
   b. Physical force must be IRRESISTIBLE; and
   c. Physical force must come from a THIRD person.
5. Fear/Uncontrollable Fear
   Elements of Uncontrollable Fear (R-U-G) 1. Existence of an UNCONTROLLABLE fear;
6. Fear must be REAL and imminent; and
7. Fear of an injury is GREATER than or equal to that committed.

Requisites of Uncontrollable Fear
a. Threat, which causes the fear, is of an evil greater than or at least equal to that which he is required to commit; and
b. It promises an evil of such GRAVITY and IMMINENCE(GraI) that the ordinary man would have succumbed to it.

NOTE: A threat of future injury is not enough. The compulsion must be of such character as to leave no opportunity to the accused for escape or self-defense in equal combat.

In case of uncontrollable fear, it is necessary that the threat that caused the uncontrollable fear on the offender must be present, clear, and personal. It must not only be/merely an imagined threat or court interfered threat.

6. Compulsion of Lawful/Insuperable Cause
   Requisites of Lawful or Insuperable Cause (Re-F-Lawin)
7. An act is REQUIRED by law to be done; 2. A person FAILS to perform such act; and
8. Failure to perform such act was due to some LAWFUL or INSUPERABLE cause.

NOTE: It applies to felonies by omission.

Question 18

Circumstances which can Mitigate Criminal Liability

When should they be present?

Answer 18

(I-eAT-PiP-VoPIS)

Mitigating circumstances must be present prior to or simultaneously with the commission of the offense, except voluntary surrender or confession of guilt by the accused.

1. INCOMPLETE justifying or EXEMPTING circumstance;
2. AGE
   a. over 15 but under 18; or
   b. over 70 years old;
3. PRAETER Intentionem;
4. Sufficient THREAT or provocation;
   Requisites of Sufficient Threat or Provocation (S-O-I)
   a. provocation must be SUFFICIENT;
   b. It must ORIGINATE from the offended party; and
   c. It must be IMMEDIATE to the act.
5. Immediate vindication of a grave OFFENSE;
   Requisites of Vindication of a Grave Offense (G-F)
   a. A GRAVE offense has been done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or sisters, or relatives by affinity within the same degree; and
   b. A FELONY is committed in vindication of such grave offense.

Note: No need to be a crime, as long as a wrong is committed.

6. PASSION or obfuscation; (AcusTe)
   Elements of Passion or Obfuscation
   a. There is an ACT, both unlawful and sufficient to produce such a condition of mind; and
   b. The said act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of TIME, during which the perpetrator might recover his normal equanimity.
7. VOLUNTARY surrender, and voluntary confession of guilt;
   Requisites of Voluntary Surrender
   (No-Su-Vo)
   a. Offender had NOT been actually arrested;
   b. He SURRENDERED himself to a person in authority or to the latter’s agent; and
   c. The surrender was VOLUNTARY.

Requisites of Voluntary Confession of Guilt (1999 BAR) (S-O-P)
a. The offender SPONTAENOUSLY confessed their guilt;
b. It was made in OPEN court (that is, before the competent court that is to try the case); and
c. It was made PRIOR to the presentation of evidence for the prosecution.

8. PHYSICAL defect;
   Requisites of Physical Defect
   (DR.)
   a. The offender is deaf and dumb, blind, or otherwise suffering from some physical defect; and
   b. Such physical defect restricts his means of action, defense, or communication(ADC) with their fellow beings.

NOTE: The physical defect of the offender must have a relation to the offense committed.

9. ILLNESS of the offender; and
   Requisites of Illness (Di-No)
   a. Illness of the offender must DIMINISH the exercise of will power; and
   b. Such illness should NOT deprive the offender of consciousness of their acts.

If the illness not only diminishes the exercise of the offender’s will power but deprives them of the consciousness of their acts, it becomes an exempting circumstance to be classified as insanity or imbecility.

NOTE: A polio victim, in their younger days of limping while they walk, cannot claim mitigating circumstance in the crime of oral defamation.

10. SIMILAR and analogous circumstances.

Question 19

Circumstances which Aggravate Criminal Liability

Answer 19

AVMePFoRC
I. Authority / Position
Taking advantage of public position; contempt/insult to public authorities; palace/places of commission.

II. Victim Respect / Vulnerability
Disregard of rank/age/sex/dwelling; cruelty;
aid of persons under 15;
ignominy.

III. Method / Means
1. Inundation, fire, poison, explosion(FIPE-VAL), stranding of vessel or intentional damage, derailment of locomotive, etc.;
2. breaking walls/doors;
3. use of motor vehicle or similar means.

IV. Planning & Cunning (CrEP)
Evident premeditation; craft/fraud/disguise; price/reward/promise.

V. Force & Impunity
Nighttime/uninhabited/by a band;
aid of armed men/people who insure impunity;
abuse of superior strength / means to weaken defense;
treachery.

VI. Recidivism / Habit
Recidivist; reiteration/habitual delinquency/quasi-recidivism.

VII. Calamity / Context
On occasion of conflagration/shipwreck/earthquake/epidemic or other calamity or misfortune; unlawful entry (fits here as exploitation of calamity) — and “breaking in” items may be mentally grouped with Method.

1. Taking advantage of public position;

The public officer:
a. Abused his public position; or
c. At least, the use of the same facilitated the commission of the offense.
NOTE: To be applicable, the public officer must have used their: (I-P-A)
a. Influence;
b. Prestige; or
c. Ascendancy.

NOTE: There is no abuse of public position when the offender could have perpetuated the crime even without occupying their position. (Reyes, 2021)

2. Contempt or insult to public authorities;
3. Disregard of rank, age, sex, or dwelling of the offended party; (1996, 2009 BAR) 4. Abuse of confidence and Obvious ungratefulness;
4. Palace and places of commission of offense;
5. Nighttime, uninhabited place, or by a band;

Instances when Nighttime, Uninhabited Place, or By a Band is Considered Aggravating
1. It facilitated the commission of the crime;
2. It is especially sought for by the offender to ensure the commission of the crime; and

NOTE: “Especially sought” means that the offender sought it to realize the crime with more ease.

By a Band It means that there are at least four (4) armed malefactors acting together in the commission of the offense.

“by a band” means that the armed men “shall have acted together in the commission of the crime.”
NOTE: All must be armed;
otherwise, the aggravating circumstance under Art. 14(8) of the RPC (Aid of Armed Men) shall apply.
The RPC does not require any particular arms or weapons. Hence, any instrument or implement which, by reason of the intrinsic nature or the purpose for which it was made or used by the accused, is capable of inFlicting serious injuries.

NOTE: If the group of two or more person falls under the definition of an organized or syndicated crime group under Art. 62(1)(a) of the RPC

3. The offender took advantage thereof for the purpose of impunity.

NOTE: “Impunity” means to prevent the offender from being recognized or to secure himself against detection and punishment. “Took advantage” means that the accused availed himself thereof for the successful consummation of his plans.

7. On occasion of Calamity or misfortune; 8. Aid of armed men, or persons to insure or afford impunity;
8. Recidivist; (1993, 2009, 2014 BAR)
   Requisites of Recidivism (TriPS-Con):
   a. That the offender is on Trial for an offense;
   b. He was Previously convicted by Final judgment of another crime;
   c. Both the First and second offense are embraced in the Same title of the RPC; and
   d. Offender is Convicted of the new offense.
9. Reiteracion, Habitual delinquency, or
   Quasirecidivism;

Reiteracion
Requisites of Reiteracion: (OT-PS-CNO)
a. That the accused is On Trial for an offense;
b. That he Previously Served his sentence for:
i. Another crime to which the law attaches an equal or greater penalty; or ii. Two (2) or more crimes to which it attaches a lighter penalty than that for the new offense; and
c. That he is Convicted of the New Offense.

Quasi-recidivism
Elements (1991 BAR)
a. That the offender was already convicted by Final judgment of one offense; and
b. That he committed a new felony before beginning to serve such sentence or while serving the same.

Habitual Deliquency
A person who, within a period of 10 years from the date of his release or last conviction of the crimes of falsification, robbery, estafa, theft, or serious or less serious physical injuries, is found guilty of any said crimes a third time or oftener.

11. Price, reward, or promise;
12. By means of Inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste or ruin.;
13. Evident premeditation;

Requisites of Evident Premeditation:
(T-A-S)
a. The Time when the offender determined to commit the crime (determination);
b. An Act manifestly indicating that the culprit has clung to his determination (preparation); and
c. A Sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will (time).

14. Craft, fraud or disguise;
15. Abuse of superior strength or means to weaken the defense;
16. Treachery;
17. Ignominy;
18. Unlawful entry;

There is unlawful entry when an entrance is effected by a way not intended for the purpose. NOTE: The circumstance of unlawful entry must be a means to effect entrance, not for escape. (People v. Sunga, G.R. No. L-18054, 18 Mar. 1922) For example, the act of entering through the window, which is not the proper place for entrance into the house, constitutes unlawful entry. (Reyes, 2021)

19. Breaking of the wall, roof, floor, or door;
20. Aid of persons under 15 years old or by means of motor vehicle or other similar means; and
21. Cruelty

Requisites of Cruelty: (Ali-En)
1. That at the time of the infliction of the physical pain, the offended party is still Alive; and
2. That the offender Enjoys and delights in seeing his victim suffer gradually by the infliction of the physical pain.

Question 20

Effect of Pardon to Recidivism
Amnesty to Recidivism

Answer 20

Effect of Pardon to Recidivism
GR: Pardon does not obliterate recidivism, even if it is absolute because it only excuses the service of the penalty, not the conviction.
XPN: If the offender had already served out his sentence and was subsequently extended pardon.

NOTE: If the President extends pardon to someone who already served out the principal penalty, there is a presumed intention to remove recidivism. Effect of

Amnesty to Recidivism
Amnesty extinguishes the penalty and its effects; thus, it obliterates recidivism.

Question 21

Can recidivism and habitual delinquency be appreciated at the same time?

Answer 21

Yes. They have different bases.

Question 22

(1) disregard of rank and age
of the victim; (2) dwelling; (3)
nighttime; (4) cruelty; and (5) quasi-recidivism.

Answer 22

1. Disregard of rank - inherent in direct assault
2. Dwelling & nighttime - absorbed by treachery
   nighttime- must be deliberately sought to avoid discovery
3. QR - there must already be final judgment

Question 23

Q: Distinguish clearly but briefly: Between justifying and exempting circumstances in criminal law.

Answer 23

A:
Justifying circumstance affects the act, not the actor; while exempting circumstance affects the actor, not the act.

In justifying circumstance, no criminal and, generally, no civil liability is incurred; while in exempting circumstance, civil liability is generally incurred although there is no criminal liability.

Question 24

What are the alternative circumstance?

Answer 24

These are: (R-I-D)
1. Relationship;
Relationships Taken into Consideration When the offended party is the: (SAD-LAR) 1. Spouse; 2. Ascendant; 3. Descendant; 4. Legitimate, natural, or adopted brother or sister; 5. Relative by affinity in the same degree of the offender; and 6. Other relatives included by Analogy to ascendants and descendants (e.g., stepparents – it is their duty to bestow upon their stepchildren a mother/father’s affection, care and protection).

2. Intoxication;
   Intoxication considered Mitigating If intoxication is:
   a. Not habitual;
   b. Not subsequent to the plan to commit a felony; or
   c. At the time of the commission of the crime, the accused has taken such quantity of alcoholic drinks as to blur his reason and deprive him of certain degree of control.

For the alternative circumstance of intoxication to be treated as a mitigating circumstance, the defense has the burden of evidence to show “that the intoxication is not habitual, not subsequent to a plan to commit a felony and the accused’s drunkenness affected his mental faculties.” (Planos v. People, G.R. No. 232506, 18 Nov. 2020)

Intoxication considered Aggravating If intoxication is:
a. Habitual; or
b. Intentional. (subsequent to the plan to commit a felony)

3. Degree of instruction and education of the offender.
   Lack or Low Degree of Instruction and Education
   GR: Lack or low degree of instruction is a mitigating circumstance.
   XPNs: Not mitigating in:
   a. Crimes against property (e.g., arson, estafa, threat)
   b. Theft and robbery or assault upon the persons of another.
   c. Crimes against chastity
   d. Murder or homicide
   e. Rape
   f. Treason – because love of country should be a natural feeling of every citizen, however unlettered or uncultured he may be.

High Degree of Instruction and Education High degree of instruction or education is aggravating when the offender took advantage of his learning in the commission of the crimes.

Test of Instruction as a Mitigating Circumstance Test of lack of instruction as a mitigating circumstance is not illiteracy alone, but rather lack of sufficient intelligence

Question 25

Requisites of a principal by direct participation

Answer 25

PEPA 1. They PARTICIPATED in the criminal resolution; and 2. They carried out the PLAN and 3. personally took part in its EXECUTION 4. by ACTS which directly tended to the same end.

Question 26

Ways of being a principal by inducement and their requisites

Answer 26

Directly forcing another to commit a crime by: a. Using irresistible force – such physical force that would produce an effect upon the individual that, in spite of all resistance, it reduces him to a mere instrument. b. Causing uncontrollable fear – compulsion by means of intimidation or threat that promises an evil of such gravity and eminence that the ordinary man would have succumbed to it. NOTE: Only the one using force or causing fear is criminally liable. The material executor is not criminally liable because of exempting circumstances of irresistible force and uncontrollable fear under Article 12(5) and (6) of the Revised Penal Code (RPC). 2. Directly inducing another to commit a crime by: a. Giving price, offering, reward, or promise Requisites:(IC) i. Inducement must be made directly with the INTENTION of procuring the commission of the crime; and ii. Such inducement must be the determining CAUSE of the commission of the crime by the material executor. NOTE: Both the one giving the price or promise and the one committing the crime in consideration thereof are principals – the former, by inducement; and the latter, by direct participation. There is collective criminal responsibility. (Reyes, 2021) b. By using words of command Requisites:(I-AM-PR) i. The one uttering the words of command must have the INTENTION of procuring the commission of the crime; ii. He must have ASCENDANCY or influence over the person who acted; iii. Words used must be so direct, efficacious, and powerful as to amount to physical or MORAL coercion; iv. Words of command must be uttered PRIOR to the commission of the crime; and v. Material executor of the crime has no personal REASON to commit the crime. NOTE: The one who used the words of command is a principal by inducement, while the one committing the crime because of the words of command is a principal by direct participation.

Question 27

Requisites to be a principal by indispensable cooperation

Answer 27

A principal by indispensable cooperation is one who: 1. Participated directly in the criminal resolution; and 2. Cooperated in the commission of the crime by performing an act, without which the crime would not have been accomplished.

Question 28

Requisites to be an accomplice What if there is doubt as to the participation between principal and accomplice?

Answer 28

Elements of Accomplice (Com-Pe-D): 1. The COMMUNITY of criminal design — knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose; 2. The PERFORMANCE of previous or simultaneous acts which are not indispensable to the commission of the crime;(People v. Tamayo, G.R. No. 138608, September 24, 2002) 3. That there be a DIRECT relation between the acts done by the principal and those attributed to the person charged as an accomplice. NOTE: In case of doubt, the participation of the offender will be considered that of an accomplice rather than that of a principal.

Question 29

Requisites to be an accessory What if the accused takes it from the principal? What if the accused merely misleads the authorities?

Answer 29

ACCESSORIES (KPaS) 1. Have knowledge of the commission of the crime 2. Have not participated in the crime either as principals or accomplices 3. take part subsequent to its commission in any of the following manners (Prof-CHar): a. Profiting themselves or assisting the offender to profit by the effects of the crime; (PAP) NOTE: The accessory must receive the property from the principal. He should not take it without the consent of the principal. If he took it without the consent of the principal, he is not an accessory. b. Concealing or destroying the body of the crime or the effects thereof in order to prevent its discovery. NOTE: Where the accused misleads the authorities by giving them false information, such act is equivalent to concealment, and he should be held as an accessory; and c. Harboring, concealing, or assisting in the escape of the principal of the crime. (HAC) i. For public officers Requisites: PHAL a. Accessory is a public officer; b. He harbors, conceals, or assists in the escape of the principal; c. He acts with abuse of his public functions; and d. The crime committed by the principal is any crime, provided it is not a light felony. Note: In the case of a public officer, the specific crime committed by the principal is immaterial. Such an officer becomes an accessory by the mere fact that he helped the principal escape through harboring or concealing, making use of his public function and thus abusing the same. However, the person he harbors, conceals, or assists must be a principal. Note: If the public officer assisted in the escape of an accomplice or accessory, he is not liable under Article 19(3) of the Revised Penal Code, but may be held liable under P.D. 1829 for obstruction of justice. ii. Private Person Requisites: a. Accessory is a private person; b. He harbors, conceals, or assists in the escape of the author of the crime (who may be a principal, accomplice, or an accessory); and c. The crime committed by the principal is any of the following: (THAMP) i. Treason; ii. Parricide; iii. Murder; iv. Attempt against the life of the President; or v. The principal is known to be habitually guilty of some other crime.

Question 30

Instances When Accessories Are NOT Criminally Liable What if a public officer who is a relative?

Answer 30

Instances When Accessories Are NOT Criminally Liable 1. When the felony committed is a light felony. 2. When the accessory is related to the principal as: (SBADS-Re) Spouse; Ascendant; Descendant; Brother or sister (legitimate, natural, or adopted); or Relative by affinity within the same degree, UNLESS the accessory himself profited from the effects or proceeds of the crime or assisted the offender to profit therefrom. (Article 20, Revised Penal Code) Reason: The ties of blood and the preservation of the cleanliness of one’s name compels one to conceal crimes committed by relatives as near as those mentioned. Note: Nephews and nieces are not included in the exemption. A public officer under Article 19(3) is exempt by reason of relationship to the principal, even if such officer acted with abuse of his public functions.

Question 31

What is wheel and chain conspiracy?

Answer 31

There are two structures of multiple conspiracies, namely: wheel or circle conspiracy and chain conspiracy. A wheel conspiracy occurs when there is a single person or group (the hub) dealing individually with two or more other persons or groups (the spokes). The spoke typically interacts with the hub rather than with another spoke. If each spoke shares a common purpose to succeed, there is a single conspiracy. However, when each spoke is unconcerned with the success of the other spokes, there are multiple conspiracies. A chain conspiracy, on the other hand, exists when there is successive communication and cooperation much like legitimate business operations between manufacturer and wholesaler, then wholesaler and retailer, and then retailer and consumer. (Estrada v. Sandiganbayan, G.R. No. 148965, February 26, 2002)

Question 32

General rule in liability in express conspiracy Exceptions

Answer 32

Ways in Committing Conspiracy Direct or Express Conspiracy – There is an express agreement between the conspirators. General Rule (GR): The liability of the conspirators is limited only to the crime agreed upon. Exceptions (XPNs): The liability extends beyond the agreed crime when: (CoNaCo) a. The other crime was COMMITTED in their presence and they did not prevent its commission; b. The other crime is the NATURAL and probable consequence of the crime planned (e.g., homicide resulting from physical injuries); or c. The resulting crime was a composite crime or a special COMPLEX crime.

Question 33

State the concept of “implied conspiracy” and give its legal effects.

Answer 33

Implied Conspiracy An implied conspiracy is one which is only inferred or deduced from the manner of participants in the commission of a crime or how the crime was executed. When the offenders act in concert in the commission of the crime, meaning their acts are coordinated or synchronized in a way indicating they are pursuing a common criminal objective, they shall be deemed to be acting in conspiracy. Their criminal liability shall be collective, not individual. Legal Effects of Implied Conspiracy: 1. Not all those who are present at the scene of the crime will be considered co-conspirators. 2. Only those who participated by criminal acts in the commission of the crime will be considered co-conspirators. 3. Mere acquiescence to or approval of the commission of the crime, without any act of criminal participation, shall not render one criminally liable as a co-conspirator.

Question 34

Requisites of Conspiracy:

Answer 34

Requisites of Conspiracy: 1. Two or more persons must come to an agreement; 2. The agreement concerns the commission of a crime (felony); and 3. The execution of the felony is decided upon.

Question 35

Effects of proving conspiracy as a means of incurring criminal liability

Answer 35

Collective criminal responsibility in Philippine law means that where there is a conspiracy, the act of one is the act of all. All conspirators are liable as co-principals regardless of the extent and character of their participation. This principle holds that once an express or implied conspiracy is proved, each conspirator is responsible for all acts done in furtherance of the conspiracy, as their criminal liability is collective, not individual.

Question 36

How to detach from conspiracy?

Answer 36

Before: 1. attempt to dissuade 2. changes heart During: must have reported to authorities when he left the scene After: No more detaching from conspiracy

Question 37

Rule when offender uses an automatic gun

Answer 37

When the offender made use of an automatic firearm, the acts committed are determined by the number of bullets discharged inasmuch as the firearm being automatic, the offender need only press the trigger once and it would fire continually.

Question 38

Compound Complex Crime Proper

Answer 38

1. Compound Crime - when a single act constitutes two or more grave or less grave felonies. (Art. 48, RPC) Requisites: a. Only a single act is performed by the offender; and b. The single act produces: i. Two or more grave felonies; or ii. One or more grave felonies and one or more less grave felonies; or iii. Two or more less grave felonies. No RPC+SPL 2. Complex Crime Proper - when an offense is the necessary means for committing the other (Art. 48, RPC) Requisites: a. At least two offenses are committed; b. One or some of the offenses must be necessary to commit the other; and c. Both or all the offenses must be punished under the same statute.

Question 39

Slight, Less Serious, serious, PI

Answer 39

<10 10-30 >30

Question 40

Is there complex crime in culpa?

Answer 40

No.

Question 41

Robbery primary purpose, homicide and rape commited. Nomenclature? Kidnapped, brough to another place, raped Robbers caused the death of an innocent person from firearm of police Kidnapped, offered ransom, but killed anyway Afterthought concept

Answer 41

Robbery with homicide absorbs rape and places it as an aggravating circumstance Kidnapping and serious illegal detention with rape Robbery with homicide Kidnapping for ransom with homicide If it is an afterthought it is a different criminal impulse

Question 42

Can you complex a special complex crime with another?

Answer 42

No

Question 43

What is delito continuado? Scamming several with checks

Answer 43

Delito continuado is also referred as continuous or continued crime which refers to a series of acts when perpetrated in pursuance of a single criminal impulse violating one and the same penal provision committed in the same place and at a same time for the same criminal purpose, it is regarded in law as committing only one crime. Multiple estafa

Question 44

Pecuniary Liabilities vs. Pecuniary Penalties

Answer 44

PL - compensation/indemnification NO subsidiary liability PP - due to crime Yes SL

Question 45

Three-Fold Rule for penalties When can penalties be simultaneously served?

Answer 45

Three-Fold Rule It means that the maximum duration of a convict’s sentence shall NOT be more than three times the length of time corresponding to the most severe of the penalties imposed upon him but in no case shall exceed 40 years. NOTE: It is the Director of Prisons that shall compute and apply. He shall serve then simultaneously if the nature of the penalties will so permit.