2012 bar examinations criminal law.doc

8/10/2019 2012 BAR EXAMINATIONS criminal law.doc

1/25

2012 BAR EXAMINATIONS

CRIMINAL LAW

21 October 2012 2:00 P.M. - 3:30 P.M.

Set A

MULTIPLE CHOICE QUESTIONS (MCQs)

INSTRUCTIONS

The following questionnaire consists of seventy-five !"# M$%s nu&bere' 1 u( to ! " containe'in T)*+T, T** 23# (ages.

/nswer each question on the M$% /nswer heet by sha'ing co&(letely the a((ro(riate circle

corres(on'ing to the letter you have chosen. ea' the Maring nstructions on the /nswer

heet#

/ voi' erasures on the /nswer heet. f you nee' to &ae corrections erase co&(letely the

answer you want to change.

4o not e5(lain your answers in the M$% (ortion of the e5a&. ,ou will not earn any cre'it for

that.

6ee( the /nswer heet clean. 4o not &ae unnecessary &ars on it. 4o not fol' roll scratchcru&(le or tear it.

,ou &ay write on the questionnaire an' use it as scratch (a(er but &ae sure to transfer your

answer to the /nswer heet. Provi'e a&(le ti&e to transfer the answers if you choose to 'o this.

/nswer first the M$%s co&(letely before going to the essay-ty(e questions.

/+4 + ,O7 /+)* **T. T** +O +**4 TO *T7+ T%7*TO++/* TO T* */4 )/T$*.

8OO497$6

;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;MARTIN S. VILLARAMA, JR.

Chairperson

2012 Bar Examinations Committee

PLEASE CHEC THAT THIS SET CONTAINS TWENT! "OUR (2#) PA$ES

(INCLU%IN$ THIS PA$E).

WARNIN$& NOT "OR SALE OR UNAUTHORI'E% USE


2/25

CRIMINAL LAW

1. The wife of /// (re'ecease' his &other-in-law. /// was accuse' of 'efrau'ing his

&other-in-law un'er a cri&inal infor&ation for estafa but the actual recital of facts of the

offense charge' therein if (roven woul' constitute not only the cri&e of estafa but also

falsification of (ublic 'ocu&ent as a necessary &eans for co&&itting estafa. ///invoes the absolutory cause of relationshi( by affinity. )hich state&ent is &ost

accurate#

&onths of reclusion te&(oral as &a5i&u&.


6/25

'. Twelve 12# years of (rision &ayor as &ini&u& to seventeen 1!# years an' four

># &onths of reclusion te&(oral as &a5i&u&.

1>. / C an' $ organiFe' a &eeting in which the au'ience was incite' to the co&&ission of

the cri&e of se'ition. o&e of the (ersons (resent at the &eeting were carrying

unlicense' firear&s. )hat cri&e if any was co&&itte' by / C an' $ as well as thosewho were carrying unlicense' firear&s an' those who were &erely (resent at the

&eeting1. )hat is the (ro(er charge against a grou( of four (ersons who without (ublic. u(rising

e&(loy force to (revent the hol'ing of any (o(ular election3. )hat is the cri&e co&&itte' by a (ublic officer who 'iscloses to the re(resentative of aforeign nation the contents of the articles 'ata or infor&ation of a confi'ential nature

relative to the 'efense of the Phili((ine archi(elago which he has in his (ossession by

reason of the (ublic office he hol's>. / foreigner resi'ing in ong 6ong counterfeits a twenty-(eso bill issue' by thePhili((ine 8overn&ent. May the foreigner be (rosecute' before a civil court in the

Phili((ines". $an the cri&e of treason be co&&itte' only by a ?ili(ino citiFen. /// was convicte' of theft by a Manila $ourt an' sentence' to a straight (enalty of one

1# year of (rision correccional. /fter serving two 2# &onths of the sentence he was

grante' con'itional (ar'on by the $hief *5ecutive. One of the con'itions of the (ar'onwas for hi& not to be foun' guilty of any cri&e (unishable by the laws of the country. e

subsequently co&&itte' robbery in Pasay $ity. $an the Manila $ourt require /// to

serve the une5(ire' (ortion of the original sentence


17/25

a. ,es. The Manila $ourt has the authority to reco&&it /// to serve the une5(ire'

(ortion of the original sentence in a''ition to the (enalty for violation of

con'itional (ar'on.

b. +o. The (enalty re&itte' by the con'itional (ar'on is less than si5 A# years.

c. ,es. The (enalty for violation of con'itional (ar'on is the une5(ire' (ortion ofthe (unish&ent in the original sentence.

'. +o. /// &ust first be foun' guilty of the subsequent offense before he can be

(rosecute' for violation of con'itional (ar'on.

"". )hat is the cri&inal liability of a (erson who nowingly an' in any &anner ai's or(rotects highway robbersIbrigan's by giving the& infor&ation about the &ove&ent of

the (olice< *5(lain your answer. "K#

b. f you were the 'efense counsel what are the ele&ents of the cri&e of highway robberythat the (rosecution shoul' (rove to sustain a conviction< "K#

V

a. )ho is an acco&(lice< "K#

b. 4istinguish an acco&(lice fro& a cons(irator as to their nowle'ge of the cri&inal'esign of the (rinci(al their (artici(ation the (enalty to be i&(ose' in relation to the

(enalty for the (rinci(al an' the requisitesIele&ents to be establishe' by the (rosecution

in or'er to hol' the& cri&inally res(onsible for their res(ective roles in the co&&ission

of the cri&e. "K#


25/25

VI

a. )hat is the fun'a&ental (rinci(le in a((lying an' inter(reting cri&inal laws inclu'ing

the n'eter&inate entence 9aw< "K#b. ow is the n'eter&inate entence 9aw a((lie' in i&(osing a sentence< "K#

VII

a. )ho are brigan's< "K#

b. 4istinguish brigan'age fro& robbery in ban' as to ele&ents (ur(ose of the of fen'er an'

agree&ent a&ong the offen'ers. "K#

VIII

a. )ho is a habitual 'elinquent< "K#

b. 4istinguish habitual 'elinquency fro& reci'ivis& as to the cri&es co&&itte' the (erio'

of ti&e the cri&es are co&&itte' the nu&ber of cri&es co&&itte' an' their effects inrelation to the (enalty to be i&(ose' on a convict. "K#

IX

a. 4efine cons(iracy. "K#

b. 4istinguish by way of illustration cons(iracy as a felony fro& cons(iracy as a &anner of

incurring liability in relation to the cri&es of rebellion an' &ur'er. "K#

X

a. *5(lain an' illustrate the stages of e5ecution of the cri&e of ho&ici'e taing intoaccount the nature of the offense the essential ele&ent of each of the stages of e5ecution

an' the &anner of co&&itting such international felony as 'istinguishe' fro& felonyco&&itte' through recless i&(ru'ence. "K#

b. // was arreste' for co&&itting a bailable offense an' 'etaine' in solitary confine&ent.

e was able to (ost bail after two 2# wees of 'efection. 4uring the (erio' of 'etentionhe was not given any foo'. uch 'e(rivation cause' hi& (hysically 'isco&fort. )hat

cri&e if any was co&&itte' in connection with the solitary confine&ent an' foo'

'e(rivation of //< *5(lain your answer. "K#

NOTHIN$ "OLLOWS

HAN% IN !OUR NOTEBOO.

THERE IS NO NEE% TO RETURN THIS QUESTIONNAIRE TO THE HEA%

WATCHER.

2012 bar examinations criminal law.doc

Documents