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'lltlllf Oiltl l JIN.'.Wt tr. I P l llt" Jl)(/11 llAH I' lt.AMINA llVNQULSTIONS IN MERCANTILE LAW

CRIMINAL LAW

SUGGESTEDA.!VSWER:

I hall advise Industry Sank that the morteage ia indivisible.. Therefore, Celestial Properties caDDot ask for a partial release of the mortgage so lone aa the loan has not been completely paid (Art. 2089, Civil Code).

I

a) After due hearing on a petition for a writ of amparo founded on the acts of enforced disappearance and extralegal killing of the son of the complainant allegedly done by the respondent military officers, the court granted the petition. May the military officers be criminally charged in court with enforced disappearance and extralegal killing? Explain fully. (3%)

SUGGESTED ANSWER:

a) No. "Enforced disappearance 'and extralegal killing" is not per se a criminal offense although it is wrongful. The grant of a writ of amparo only provides a relief; it does not establish a basis for a crime. Unless the writ was issued because of specific overt acts shown to have been committed by the respondent military officers and such acts are crimes under penal laws, no criminal charge may b routinely filed just because the petition for the writ was granted.

b) Are human rights violations considered as crimes in the Philippines? Explain. (3%)

SUGGESTED ANSWER:

b) Not necessarily, since there are human rights violations which do not amount. to criminal offenses. In this country, there can be no crime when there is no law punishing an act or omission as a crime.

II

While Carlos was approaching his car, he saw it being driven away by Paolo, a thief. Carlos tried to stop Paolo

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SUGGESTED ANSWERS TO THE 2008 BAR EXAMINATIONQUESTIONS IN CRJt.flNAL LAW

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by shouting at him, but Paolo ignored him. To prevent his. car froi being camapped, Carlosdrew his gun, aimed at the rear wheel of the car and fired. The shot blew the tire which caused the car to veer out of control and collide with an oncoming tricycle, killing the tricycle driver.

a) What is the criminal liability of Carlos, if any? Explain. (4%)

SOOQESTBDAJWER;

at CUlo did not incur criminal llabWty because his act of firili.g at the rear wheel of the car to atop the vehicle and preveat Paolo from taldnc away his (Carlo')car la neither done with dolo nor culpa. The act doea not constitute a crime; lt la a reasonable exercJse of his right to prevent or repel an.actual unlawful phyical tDvaalon or usurpation of hia property pursuant toArt. 429 of the Civil. Cod.

b) 'What is the criminal liability of Paolo, if any? Explain. (4%).

SUGGESTED ANSWER:

b) Paolo is criminally liable for (1) carnapping unde:r Rep.Act No.6539 for driving away the motor vehicle of. NQUESTIONS IN CRIMINAL LAW...- 125

They found Julia'sjewelry box in one of the cabinets, which was unlocked. Lucas believed that Julia's jewelry was inside the box. Unknown to Lucas and Pedro, ,the box was empty. Pedro took the box and left the bedroom with Lucas. They were shocked when they saw Nestor in the sala, pointing a gun at them. Nestor ordered them to stop and hand over the box. F'edro complied. It turned out that Nestor had just arrived in time to see Lucas and .Pedro leaving the masters' bedroom with the box.

State with reasons, the crime or crimes, if any, Lucas and Pedro committed. (7%)

SUGGESTEDANWER:

Lucas committed qualified theft. Pedro committed simple theft only. There was taking of personal property. the jewelry box, belongfnl to another (Julia), with intent to gain and without the consent of the owner but without violence, intimidation of persons or force upon things. The use of a false key iii legally considered as a force upon things, 'if uHd to gain entry to the house or building but not when used enter a locked .room inside such house or building. Thus, the taking only constitutes theft.

The crime is qualified theft as to Lucas only, although there isevident conspiracy between him and Pedro, because the circumstance qualifying the theft is personal only to Lucas but not to Pedro.

The theft is already consummated because the offenders had already taken out of the cabinet Julia's jewelry box, which she Intended to remain in the cabinet. The asportation was completed when they succeeded in taking out Julia's jewelry box from the cabinet.

ANOTHER SUGGESTED ANSWER:

Lucas and Pedro may be held liable only for an impossible crime of theft because what they had in mind in taking the jewelry box was to take Julia's jewelry. However, it turned out to be empty. The impossibility of

committing t:i:ue crime of theft is factual or physical since there is no jewelry to steal inside the box.'

ANOTHER ALTERNATIVE SUGGESTED ANSWER:

Lucas and Paolo would als.o be liable for possession of picklocks or similar tools under Art. 304, in relation to Art. 305 of the Penal Code.

XIV

Eliseo, the deputy sheriff, conducted the execution sale of the property of Andres to satisfy the judgment against him in favor of ABC Corporation, a government-owned or controlled corporation with an original charter. However, the representative of the corporation failed to attend the auction sale, Gonzalo, the winning bidder, pu rchased the property for Pl00,000 which he paid to Eliseo. Instead of remitting the amount to the Clerk of Court as ex-officio Provincial Sheriff, Eliseo lent the amount to Myrna, his officemate, who promised to repay the amount within two months, with interest thereon. However, Myrna reneged on her promise. Despite demands of ABC Corporation, Eliseo failed to remit the said amount.

a) State with reasons, the crime or crimes, if any, committed by Eliseo. {4%)

SUGGESTED ANSWER:

.a) The crime committed by Eliseo is malversation since he is a public officer who received the amount in his offieial capacity; thus he is accountable for it.

b) Would your answer to the first question be the sa m e if A BC Co r por a tio n we re a p rivate corporation? Explain. (3%)

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SUGGLS1LV AN:.;WL HS IU I /IL ZOOIJ UAH LXAMINA l /UNQUESTIONS IN CRIMINAL LAW

SUGGl:STLV ANSWl::I