CRIMINAL LAW BAR QUESTIONS 2025

 

 

1.  

Police Officer I (PO1) A was found guilty of Arbitrary Detention committed against B. He was sentenced to four months and one day to six months of arresto mayor. PO1 A moved for reconsideration, asking the court to apply the Indeterminate Sentence Law (ISL) in his favor. He argued that under the ISL, the minimum sentence should be one degree lower or within the range one day to 30 days of arresto menor. Is he correct? Reason(s).

 

2.  

X surreptitiously hauled detergent cases from ABC Supermarket to its open parking area where Y waited. X returned inside, came out with more detergent cases, and unloaded them in the same spot. Thereafter, X and Y hailed a taxi and loaded the detergent cases into the vehicle. The security guard who had been observing their peculiar behavior stopped the taxi and asked X and Y for a receipt for the merchandise. However, X and Y alighted the taxi and ran away. But before they could leave the premises of ABC Supermarket, they got arrested. Taking into consideration that X and Y did not have the opportunity to dispose of the goods, the prosecution charged them only with frustrated theft. Is the charge correct? Reason(s).

 

3.  

X, Y, and Z broke into the house of a rich man, A. Armed with guns, they succeeded in taking the valuables of A who was sound asleep. As they were running towards the exit gate of the subdivision, police officers stopped them. A shootout occurred. As a result, X was shot by one of the police officers and died. What crime was committed by Y and Z? Reason(s).

 

4.  

A owned XYZ Prix Auto, a car repair shop in Davao City. He employed some of his relatives, including B, his cousin, as a mechanic. Unfortunately, B stole some of the company's properties. When A learned of the theft, he filed a complaint for qualified theft against B. In his counter-affidavit, B invoked his alleged exemption from criminal liability due to his relationship with A. Is B exempt from criminal liability? Decide with reason(s).

 

5.  

Around 9:30 p.m., brothers X and Y were having a drinking spree in a videoke bar. Since X and Y were rowdy, Police Officer II (PO2) A approached, introduced himself as a police officer, and asked them to refrain from shouting.  X then boxed PO2 A, causing him to fall on the ground. Before PO2 A could even stand up, X and Y positioned themselves to attack PO2 A, prompting PO2 A to shoot both of them with his service firearm. As a result, X and Y got seriously injured but were able to survive due to timely medical intervention. X and Y later on initiated a case for frustrated homicide against PO2 A, who, in turn, invoked self-defense. The prosecution asserted that the means employed by PO2 A in defending himself was unreasonable since X and Y were unarmed when PO2 A shot them. Is the prosecution correct? Reason(s).

 

6.  

X courted A but the latter turned him down. One night, X waylaid A and succeeded in having forced sexual intercourse with her. Although she was extremely traumatized, A did not report to the police but confided the incident to her best friend, B. It was B who later on filed a complaint-affidavit against X for rape. X sought to dismiss the complaint, alleging that since it was initiated not by the victim herself, the same was invalid. Is X correct? Reason(s).

 

7.  

Charged with plunder, X invoked good faith claiming that he was a mere signatory to the transactions that led to the misappropriation of public funds amounting to PHP 60 million. The prosecution countered that since plunder is defined and punished under a special law, Republic Act No. 7080, it is malum prohibitum. Hence, good faith is not a defense. Is the prosecution correct? Reason(s).

 

8.  

A, a 25-year-old male, was charged with 44 counts of rape allegedly committed against X, a 22-year-old female and a deaf-mute. The Informations uniformly alleged that A “willfully, unlawfully, and feloniously had sexual intercourse with X who had a physical disability (hearing impairment)…” A contended that he and X were sweethearts and their sexual trysts were consensual. He added that X was an intelligent person capable of giving consent to their sexual activities. He further pointed out that the Informations did not even allege the element of force or intimidation. While the prosecution admitted that X was an intelligent person, it countered that under the law, being a deaf-mute, she was deemed a person “deprived of reason.” Is the prosecution correct? Reason(s).

 

9.  

X, Y, and Z planned to rob ABC Bank. W overheard their diabolical scheme and reported the same to the police. X, Y, and Z were thus charged with conspiracy to commit robbery. Is the charge correct? Reason(s).

 

10.

A was found guilty of using a fictitious name and concealing his true name. The court sentenced him to four months and one day to six months of arresto mayor. A filed a motion to render community service in lieu of imprisonment, which the court granted. A completed the required hours of community service. Subsequently, A was found guilty of another crime, alarms and scandals. It carries the penalty of one day to 30 days of arresto menor. A again applied for community service instead of serving time in prison. If you were the judge, will you grant A’s second application for community service? Decide with reason(s).

           

 

11.

A was charged with treason for allegedly aiding the enemy during the war between the Philippines and the State of XYZ. The first witness of the prosecution, B, testified that he actually saw A unlock the cells of the enemies and allow them to flee. After the testimony of B, the prosecution manifested that the second and last witness it was supposed to present could no longer be found. Hence, it was constrained to conclude the presentation of its evidence. On the other hand, the defense waived its right to present countervailing evidence. The trial court thereafter rendered a verdict of conviction. Is the verdict of conviction proper? Reason(s).

 

12.

Teacher X, a 4th grade teacher, hit the back and pinched the side of her student A because he would not stop chatting with his seatmate. Teacher X also slapped him in front of his classmates and berated him for lacking discipline. Terrified and embarrassed, A came home crying to his mother to whom he recounted what happened. Teacher X was consequently charged with physical abuse under Republic Act No. 7610 or the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act. Teacher X countered that she should not be convicted of physical abuse because the prosecution failed to prove that she had the intent to debase, degrade, or demean the dignity of A. She claimed that her actions were intended merely to discipline A. Is the defense of Teacher X meritorious? Reason(s).

 

13.

Thirteen-year-old A was charged with homicide for the death of his playmate, B, a 14-year-old boy. They were playing a videogame where B was winning over A. B taunted A for being a loser. A got mad, took the gun of his father from the drawer, and shot B who died as a result. May A be held criminally liable for the death of B? Reason(s).

 

14.

After consecutively losing to B in a basketball game, A lost his temper and stabbed B thrice, resulting in the latter’s death. Horrified, A went to the police station to report the incident but did not disclose his identity as the culprit. After reporting the incident, A went home. Meantime, the police officers made their own investigation and got convinced that it was A who killed B. The police officers went to A’s house and arrested him. During the trial, A admitted the killing but maintained that he should be credited with the mitigating circumstance of voluntary surrender. Is A correct? Reason(s).

 

15.

A was the owner of XYZ Jewel Collection, a jewelry store located in various fivestar hotels. B was in charge of XYZ Jewel Collection, Manila Branch. Her tasks included handling the cash register, depositing XYZ Jewel Collection’s earnings to its bank account, and submitting the daily sales report and inventory to the main office. From January 1 to December 31, 2016, XYZ Jewel Collection, Manila Branch incurred losses and had missing merchandise. Upon audit, A discovered that there were unreported sales. It appeared that B failed to remit the total amount of PHP 1.36 million. A confronted B about the unremitted amount, but B failed to explain the discrepancy and to produce the missing PHP 1.36 million. What crime(s), if any, did B commit? Reason(s).

 

16.

X had an altercation with his wife, Y. Blinded by anger, X booked a flight to Japan and impulsively entered into another marriage with a random woman as an act of revenge. Y found out about the marriage since X maliciously posted the pictures online. When X returned to the Philippines, he was charged with bigamy. Will the case prosper? Reason(s).

 

17.

A, a married man, and his mistress, B, were convicted of bigamy. B was sentenced to destierro. After the promulgation of judgment, C, the legal wife of A, mocked B and told her that destierro means she would be imprisoned in a filthy and cramped detention facility. Is C correct? Reason(s).

 

18.

On January 31, 2017, A, a 31-year-old male, struck C, a 10-year-old boy, several times with a broom because A suspected that it was C who scratched his vehicle with a rock. C sustained serious wounds that eventually caused his death. A was charged with, and convicted of, murder, qualified by treachery. A moved for reconsideration, arguing that the prosecution failed to prove that he deliberately adopted the means employed to ensure the commission of the crime without risk to himself. Is A correct? Reason(s).

 

19.

A and B got married during the pandemic. They had a daughter named C. They rented a house and lived together until 2024, when they parted ways. A then moved to her parents’ house. Initially, B sent part of his monthly salary to A, but he stopped after a few months. For the next three years, B failed to communicate with A or provide any support to their child. As a result, B was indicted for economic abuse or violation of Section 5(i) of Republic Act No. 9262 or the Anti-Violence Against Women and Children Act. In his defense, B claimed that he did not intend to withhold support from A and C, but since his parents got seriously ill, he had to support them instead. Is B guilty as charged? Reason(s).

 

20.

The Justice Sector Coordinating Council (JSCC) was created on April 30, 2010 and serves as a joint forum for dialogue on issues of common interest and a mechanism for effective coordination and information-sharing among justice sector institutions such as the Supreme Court, the Department of Justice (DOJ), and the Department of Interior and Local Government (DILG). The flagship project of the JSCC was the creation of Justice Zones across the country, two of which were the Anti-Human Trafficking Justice Zone in Zamboanga and the Tri-City Justice Zone dedicated to combatting Online Sexual Abuse and Exploitation of Children (OSAEC). What Guiding Principle(s) and expected Outcome(s) of the Strategic Plan for Judicial Innovations 2022-2027 (SPJI) propelled this innovation? Briefly explain your answer.

 

 

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