Martinez, Yves Tristan V

JD -1A (1) What crime was committed? Explain.

Criminal Law II Bar Question and Answers (2) Supposing that while the robbery was taking
place, the culprits stabbed a member of the crew
while sleeping. What crime was committed?
Crimes against National Security and Laws of Explain. (2006 Bar)
the Nation

Piracy and mutiny on the high seas or in CRIMES AGAINST FUNDAMENTAL LAWS
Philippine waters (2006, 2008 Bar) OF THE STATE
1.Q: The inter-island vessel M/V Viva Lines I,
ARBITRARY DETENTION AND EXPULSION
while cruising off Batanes, was forced to seek
(2006, 2008, 1992 BAR)
shelter at the harbor of Kaoshiung, Taiwan because
of a strong typhoon. While anchored in said harbor, 3. Q: Major Menor, while patrolling Bago-Bago
Max, Baldo and Bogart arrived in a speedboat, fired community in a police car with SP03 Caloy Itliong
a bazooka at the bow of the vessel, boarded it and blew his whistle to stop a Nissan Sentra car which
divested the passengers of their money and jewelry. wrongly entered a one-way street. After demanding
A passenger of M/V Viva Lines I, Dodong took from Linda Lo Hua, the driver, her driver’s license,
advantage of the confusion to settle an old grudge Menor asked her to follow them to the police
with another passenger, and killed him. After their precinct. Upon arriving there, he gave instructions
apprehension, all four were charged with qualified to Itliong to guard Lo Hua in one of the rooms and
piracy before a Philippine court. not to let her out of sight until he returns; then got
the car key from Lo Hua. In the meantime, the latter
was not allowed to make any phone calls but was
(a) Was the charge of qualified piracy against the given food and access to a bathroom.
three person (Max, Badong and Bogart) who
boarded the inter-island vessel correct? Explain.
When Menor showed up after two days, he brought
(b) Was Dodong correctly charged before the Lo Hua to a private house and told her that he
Philippine court for qualified piracy? Explain. would only release her and return the car if she
(2008 Bar) made arrangements for the delivery of P500, 000.00
2. Q: While SS Nagoya Maru was negotiating the in a doctor’s bag at a certain place within the next
sea route from Hongkong towards Manila, and twentyfour hours. When Menor went to the
while still 300 miles from Aparri, Cagayan, its designated spot to pick up the bag of money, he
engine malfunctioned. The Captain ordered the ship suddenly found himself surrounded by several
to stop for emergency repairs lasting for almost 15 armed civilians who introduced themselves as NBI
hours. Due to exhaustion, the officers and crew fell agents. What criminal offense has Menor
asleep. While the ship was anchored, a motorboat committed? Explain. (1992 Bar)
manned by renegade Ybanags from Claveria, 4. Q: What are the 3 ways of committing arbitrary
Cagayan, passed by and took advantage of the detention? Explain each. What are the legal grounds
situation. They cut the ship’s engines and took away for detention? (2006 Bar)
several heavy crates of electrical equipment and
loaded them in their motorboat. Then they left
hurriedly towards Aparri. At daybreak, the crew
found that a robbery took place. They radioed the
Aparri Port Authorites resulting in the apprehension
of the culprits.
 CRIMES AGAINST PUBLIC ORDER 8. Q: If a group of persons belonging to the armed
forces makes a swift attack, accompanied by
REBELLION (1991, 1994, 1998, 2004 BAR) violence, intimidation and threat against a vital
military installation for the purpose of seizing
power and taking over such installation, what crime
5. Q: In the early morning of 25 October 2000, the or crimes are they guilty of?
troops of the Logistics Command (LOGCOM) of
the AFP at Camp General Emilio Aguinaldo headed If the attack is quelled but the leader is unknown,
by their Operations Officer, Col. Rito Amparo, who shall be deemed the leader thereof? (1998,
withdrew firearms and bullets and, per prior 2002 Bar)
agreement, attacked, in separate teams, the offices
SEDITION (1987, 2007 BAR)
of the Chief of Staff, the Secretary of National
Defense, the Deputy Chief of Staff for Operations, 9. Q: A, B, C, D, and E were former soldiers who
the Deputy Chief of Staff for Intelligence and other deserted their command in Mindanao. Jose and
offices, held hostage the Chief of Staff of Pedro, two big landowners, called A, B, C, D, and E
LOGCOM and other officers, killed three (3) to a conference. Jose and Pedro proposed to these
proGovernment soldiers, inverted the Philippine former soldiers that they recruit their comrades and
flag, barricaded all entrances and exits to the camp, organize a group of 100 for the purpose of
and announced complete control of the camp. challenging the government by force of arms in
Because of the superiority of the pro-Government order to prevent the enforcement or implementation
forces, Col. Amparo and his troops surrendered at of the Land Reform Law in Cotabato Province. Jose
7:00 in the morning of that day. and Pedro promised to finance the group and to buy
firearms for the purpose. The former soldiers
Did Col. Amparo and his troops commit the crime agreed. After Jose and Pedro left, A, the leader of
of coup d’etat (Article 134-A, RPC) or of rebellion? the former soldiers, said that in the meanwhile he
(1991 Bar) needed money to support his family. D suggested
that they rob a bank and agreed to carry put the plan
on the 15th day of the month. Unknown to all of
6. Q: VC, JG, GG, and JG conspired to overthrow them, as they were conferring with Jose and Pedro
the Philippine Government. VG was recognized as and as they were planning to rob the bank, Rosauro,
the titular head of the conspiracy. Several meetings a houseboy was within hearing distance. On the
were held and the plan was finalized. JJ, bothered pretext of buying cigarettes, Rosauro instead went
by his conscience, confessed to Father Abraham directly to the Police and told them what transpired.
that he, VG, JG and GG have conspired to All the former soldiers, as well as Jose and Pedro,
overthrow the government. Father Abraham did not were arrested.
report this information to the proper authorities. Did
Father Abraham commit a crime? If so, what crime (a) What crime, if any, did the former soldiers
was committed? What is his criminal liability? commit?
(1994 Bar) (b) What about Jose and Pedro? (1987 Bar)
COUP D’ ETAT (BAR 1988, 1991, 1998, 2002 10. Q: What are the different acts of inciting to
BAR) sedition? (2007 Bar)
6. Q: Distinguish rebellion from coup d’etat. (1991, ASSAULT UPON, AND RESISTANCE AND
2004 Bar)
DISOBEDIENCE TO PERSONS IN
7. Q: Supposing a public school teacher participated AUTHORITY AND THEIR AGENTS (1993,
in a coup d'etat using an unlicensed firearm. What 1995, 2001, 2002, 2013 BAR)
crime or crimes did he commit? (1998 Bar) 11. Q: 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, based on her claim of absence of criminal intent and
twisted his right ear. X went out of the classroom of good faith. Should she be found guilty of
crying and proceeded home located at the back of falsification? Discuss briefly. (1988 Bar)
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 Q: Jose Dee Kiam, a Chinese citizen born in Macao,
were running and talking in loud voices, they were having applied with a recruitment agency to work in
seen by the barangay chairman, B, who followed Kuwait, went to Quezon City Hall to procure a
them as he suspected that an untoward incident Community Tax Certificate, formerly called
might happen. Upon seeing A inside the classroom, Residence Certificate. He stated therein that his
X pointed him out to his father, Y, who name is Leo Tiampuy, a Filipino citizen born in
administered a fist blow on A, causing him to fall Binan, Laguna. As he paid for the Community Tax
down. When Y was about to kick A, B rushed Certificate, Cecille Delicious, an employee in the
towards Y and pinned both of the latter’s arms. office recognized him and reported to her boss that
Seeing his father being held by B, X went near and the information written in the Community Tax
punched B on the face, which caused him to lose his Certificate were all lies. Shortly thereafter, an
grip on Y. Throughout this incident, Z shouted information was filed against Dee Kiam alias
words of encouragement at Y, her husband, and also Tiampuy.
threatened to slap A. Security guards of the school
arrived, intervened and surrounded X, Y and Z so (a) An information was filed against Dee Kiam.
that they could be investigated in the principal’s What crime, if any, may he be indicted for? Why?
office. Before leaving, Z passed near A and threw a
(b) The accused move to quash the information on
small flower pot at him but it was deflected by B.
the ground that it did not allege that he had the
(a) What, if any, are the respective criminal liability obligation to disclose the truth in the Community
of X, Y and Z? Tax Certificate; that the same is a useless scrap of
paper which one can buy even in the Quiapo
(b) Would your answer be the same if B were a underpass and that he had no intent of deceiving
barangay tanod only? (2001 Bar) anybody. Would you grant the motion to quash?
(1992 Bar)

Q: A falsified official or public document was

CRIMES AGAINST PUBLIC INTEREST
found in the possession of the accused. No evidence
12. Q: How are "forging" and "falsification" was introduced to show that the accused was the
committed? author of the falsification. As a matter of fact, the
trial court convicted the accused of falsification of
Falsification of Public Document (1988, 1992, official or public document mainly on the
1993, 1999, 2000, 2008 Bar) proposition that “the only person who could have
made the erasures and the superimposition
mentioned is the one who will be benefited by the
13. Q: Andrea signed her husband’s name in alterations thus made” and that “he alone could
endorsing his treasury warrants which were have the motive for making such alterations”. Was
delivered to her directly by the district supervisor the conviction of the accused proper although the
who knew that her husband had already died, and conviction was premised merely on the aforesaid
she used the proceeds to pay for the expenses of her ratiocination? Explain your answer. (1999 Bar)
husband’s last illness and his burial. She knew that
her husband had accumulated vacation and sick
leaves the money value of which exceeded that
value of the three treasury warrants, so that the
government suffered no damage. Andrea’s appeal is