2023 BAR EXAMINATIONS Criminal Law

1. Catalina, a Spanish national, and Conrado, a Filipino, set up a counterfeiting factory in Shenzhen, China. Their factory produces fake United States (USD) Dollar, Japanese Yen, and Philippine Pesos, which are distributed only in Europe and the US. While vacationing in Panglao, Bohol, they were arrested by a special task force if the National Bureau of Investigation on the strength of a warrant of arrest issued by a Philippine court for Counterfeiting and Forgery. Both Catalina and Conrado claimed that the Philippine court does not have jurisdiction over them since they did not commit any criminal act within the territory of the Philippines. Catalina also argued that the Philippine court does not have jurisdiction over her person as she is a Spanish citizen. Are Catalina and Conrado correct? Discuss.
   
2. When Joey came home from work, he saw a man and a woman making love in the main bedroom. Enraged at the thought that his wife, Abby, was unfaithful to him, he shot the man and woman to death. However, the couple turned out to be the driver and kasambahay. The families of the decedents filed a case of double Homicide against Joey. Joey invoked the defense of mistake of fact, arguing that he thought the persons he shot were his wife and her lover. Thus, he is entitled to the privilege or benefit of Article 247 of the Revised Penal Code, which entitles a legally married person, who having surprised his or her spouse in the act of sexual intercourse, kills or serious injures the same, to the penalty of destierro for being an exceptional circumstance. Is Joey correct in invoking the defense of mistake of fact? Discuss.
   
3. Domeng, in conspiracy with Dado and Dario, kidnapped and detained 9-year-old Rosanna. They demanded P2 Million as ransom money from the family in exchange for her life and liberty, which the family agreed to pay. However, Domeng, Dado, and Dario killed Rosanna while she was in captivity. What crime, if any, did Domeng, Dado and Dario commit? Discuss your answer.
   
4. During a concert a nighttime held in the Cultural Center of the Philippines, Chito physically assaulted another attendee, Butch. Chito slapped Butch several times in front of the President of the Philippines, who was also present. Are there any modifying circumstance affecting the criminal liability of Chito? Explain your answer.
   
5. Mark was charged with Rape as a principal by direct participation while his employer, Ado, was charged as a principal by inducement for forcing Mark to commit rape by holding him at gunpoint. Mark was acquitted by the trial court for having acted under the compulsion of an irresistible force. Meanwhile, Ado was convicted of Rape. Ado appealed on the ground that he cannot be held liable because there can be no crime if there is no principal by direct participation. Is the argument of Ado tenable? Explain.
   
6. Pido, a private contractor, was convicted of Plunder in conspiracy with certain government officials. He was sentenced by the Sandiganbayan to serve the penalty of reclusion perpetua. Years later, his childhood friend, Benjamin, was appointed as Secretary of Justice and was able to convince the President to grant Pido a presidential pardon. Now a free man, Pido decided to give back to the community by running for a public office as Mayor of his hometown in Bulacan. The incumbent Mayor sought your advice if he can challenge the candidacy of Pido. On what ground/s can the incumbent Mayor challenge the candidacy of Pido? Discuss.
   
7. Miguel was charged with Murder for the death of his neighbor, Nikkolas. During the trial, the prosecution established that treachery and evident premeditation attended the killing of Nikkolas. Hence the trial court found Miguel guilty as charged and sentenced him to suffer the penalty of reclusion perpetua. Upon the lapse of his 30th year in prison, Miguel filed a petition for a writ of habeas corpus on the ground that under the three-fold rule, he had served the maximum of his sentence and that his continued imprisonment is a violation of his right to liberty. Will the petition of Miguel prosper? Explain.
   
8. Samuel, a Filipino citizen of Chinese Government in surveying and determining the safest and most secure shores in the Philippines. He thought he was helping the Philippines in this endeavour since the geodetic maps he prepared would allegedly be transmitted to the Philippines for future use. Before the survey was completed, Chinese military vessels entered the Philippines’ Scarborough shores, set up a station secured by two warships, and populated two islets which the Chinese Government proclaimed as their own, all with the use of the geodetic maps. Samuel was then charged with Treason by the Philippine Government. The following testified against Samuel: 1) his helper, Therese, who saw Samuel in numerous meetings with the Chinese Government, through she did not understand their conversations since she does not know Chinese; and 2) his gardener, Ronaldo, who knows Chinese but has bad eyesight. Rolando was present in all these meeting and had a glimpse of the geodetic maps signed by Samuel. Is Samuel liable for Treason? Explain.
   
9. Macario, a student activist known for his anti-government views, decided to take measures into his own hands and carried out the following activities: 1) he mobilized his barangay and instructed its member on the finer points of mass uprising; 2) he organized People’s Liberation Organization against Poverty (PLOP) and led a march to Malacañang to air their grievances, chanting subversive words denouncing the lack of action by the government to alleviate their plight; 3) he divided PLOP into groups of four members and ordered them to commit theft, highly raising over a million pesos to finance their activities; and 4) he posted a threat on his highly popular social media account that he will bomb several malls in Metro Manila, if the government will not give in to his demands of providing temporary cash handouts to the unemployed by the end of the month. The police then arrested Macario and charged him with violation of the Anti-Terrorism Act. Will the charge prosper? Discuss.