CRIMINAL LAW BAR QUESTIONS 2026

    

1.        Alfie was charged and convicted of homicide. He served his sentence at the New Bilibid Prison. While inside, he embraced the word of God and preached the Gospel. He was able to complete the service of his sentence. A few months after he got out of prison, he was involved in a stabbing incident. Since he was already a reformed person, he voluntarily surrendered to the police authorities. He was thereafter charged with murder. Alfie was so remorseful that he pleaded guilty to the new offense. Unfortunately, in convicting Alfie of murder, the Regional Trial Court (RTC) did not appreciate the two mitigating circumstances of voluntary surrender and plea of guilt because of the special aggravating circumstance of quasirecidivism. According to the RTC, Alfie is a repeat offender for two crimes that are embraced in the same Title of the Revised Penal Code. Is the RTC correct? Explain.

 

2.        During the 2025 elections, Jeremy solicited votes for certain candidates and distributed election paraphernalia inside the polling place. Accordingly, he was charged under Section 261(cc)(6) of the Omnibus Election Code for soliciting votes or undertaking propaganda for a candidate within the polling place on the day of election, in relation to Section 192 of the same Code, which provides that during the voting, no person shall be allowed inside the polling place, except the members of the board of election inspectors, the watchers, the representatives of the Commission, the voters who are either casting their votes, or waiting for their turn to get inside the booths or to cast their votes.

 

Jeremy filed a Motion to Quash arguing that the Information charges more than one offense. The Regional Trial Court (RTC) denied the Motion on the ground that the acts complained of constitute a continuing crime under one Information. However, the Court of Appeals (CA) eventually ruled that the acts of soliciting votes on the day of the election inside the polling place and staying inside the polling place on the day of the election are covered by two provisions of the Omnibus Election Code, namely Sections 261(cc)(6) and Section 192. Is the CA correct? Explain.

 

3.        Seth married Maggie in 2006 and they resided in Quezon City. The following year, Seth started working as a bartender in the Netherlands where he acquired permanent resident status. Thereafter, Seth had an affair with Noor, a Dutch citizen with whom he allegedly has been living with. Maggie came to know of the illicit affair of her husband. Thus, Maggie filed a case for violation of Republic Act No. 9262 or the Anti-Violence against Women and their Children Act of 2004, before the Regional Trial Court (RTC) of Quezon City, as she suffered mental and emotional anguish because of Seth’s alleged marital infidelity. Seth moved to quash the Information since the alleged criminal act was committed abroad and therefore outside the territorial jurisdiction of the RTC. The RTC granted the motion to quash stating that since the act complained of happened in the Netherlands, the dismissal of the case is proper and the court has no jurisdiction over the offense charged. Is the RTC correct? Explain.  

 

4.        A private car driven by Michael collided with a company service vehicle that was carrying Moe, Larry, and Curly, who were all injured as a result of the collision.

The service vehicle also suffered extensive damage amounting to PHP 390,000.00. Due to the injuries sustained by Moe, Larry, and Curly, an Information for reckless imprudence resulting in multiple injuries was filed against Michael. The same Information also charged Michael for damage to property because of the damage to the company service vehicle.  

 

Michael filed a Motion to Quash the Information since it charges multiple offenses. On the other hand, the prosecution argued that what was charged in one Information is the complex crime of reckless imprudence resulting in damage to property with multiple injuries under Article 48 of the Revised Penal Code since the single act of Michael in driving the car recklessly constitutes two or more grave or less grave felonies. Thus, the penalty for the most serious crime shall be imposed in its maximum period. Is the prosecution correct? Explain.

 

5.        Cates made use of her Facetok account to lure potential buyers to buy parcels of land located in Tagaytay by pretending to be the owner thereof. Lanie was among those deceived to buy lots which, turned out, to be owned by another person. Lanie thus filed a case against Cates for computer-related fraud, particularly the use of the social media platform Facetok, to commit the offense. The Regional Trial Court (RTC) convicted Cates of violation of Republic Act No. 10175 or the Cybercrime Prevention Act of 2012 for using information and communication technology in facilitating the fraud. Is the RTC correct? Explain.

 

6.        For having indulged the 17-year-old daughter of his live-in partner in lascivious conduct on various occasions, through undue influence and/or coercion, by touching her vagina and mashing her breasts, Rico was found guilty of four counts of sexual abuse under Section 5(b) of Republic Act No. 7610. There being no modifying circumstances, the trial court imposed an indeterminate penalty of 11 years of prision mayor, as minimum, to 18 years of reclusion temporal, as maximum, for each count. On appeal, Rico argued that, applying the three-fold rule and the 40year limitation rule, the trial court should have imposed a maximum penalty of 40 years for all the four cases.  Is Rico correct? Explain.

 

7.        Kardo, who was previously convicted of and had served time for serious physical injuries, was charged for the murder of Joaquin. Since no bail was recommended, Kardo was detained and preventively imprisoned while the case was ongoing. Kardo then filed a Petition for Bail. On account of numerous postponements and the number of witnesses presented by the prosecution, Kardo’s detention went on until three years later, when the trial court eventually granted his Petition for Bail. After trial, Kardo was found guilty of homicide. Taking into account modifying circumstances, he was sentenced to suffer nine (9) years of prision mayor, as minimum, to fifteen (15) years of reclusion temporal, as maximum. Is Kardo entitled to any credit for his three years of preventive imprisonment. Explain.

 

8.        Abeto was charged with trafficking in persons under Republic Act No. 9208 for having offered Ara to Benny for sexual intercourse or exploitation for a fee. After trial, judgment was rendered finding Abeto guilty under Section 4(c) of Republic Act No. 9208. Section 10(a) thereof provides that “[a]ny person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than [PHP 1 million] but not more than [PHP 2 million].” Based on the provision, the trial court imposed a straight penalty of 20 years imprisonment. Abeto claims that he should have been meted a minimum penalty for him to claim the benefit of parole under the Indeterminate Sentence Law.  Is Abeto correct? Explain.

 

9.        Tom, 17 years old, while driving the new Lexus ES300h of his father, was happily chatting with Daya, his girlfriend, who was seated in front. As Daya leaned over to kiss Tom on the cheek, Tom instinctively looked at Daya and smiled.  Because of this, he got lost in the moment and failed to realize that the traffic light had turned red. He failed to timely step on the brakes, as a result of which, his car hit Mara, who was then crossing the street.  

 

After 30 days of medical attention, Mara died. Thus, Tom was charged with reckless imprudence resulting in homicide. After trial, for his voluntary act performed without malice but with inexcusable lack of precaution while driving, Tom was found guilty of reckless imprudence resulting in homicide, the penalty for which is prision correccional in its medium and maximum periods. Taking into account the privileged mitigating circumstance of minority, the trial court judge imposed a straight penalty of four (4) months and one (1) day of arresto mayor. Is the trial court judge correct? Explain.  

 

Note: The 3 periods for prision correccional in its medium and maximum periods:

 

minimum:          2 years, 4 months and 1 day to 3 years, 6 months and 20 days medium: 3 years, 6 months and 21 days to 4 years, 9 months and 10 days maximum:       4 years, 9 months and 11 days to 6 years

                                     

 One degree lower is arresto mayor in its maximum period to prision correccional in its minimum period, which is broken down as follows:

           

             minimum:     4 months and 1 day to 1 year

        medium:      1 year and 1 day to 1 year and 8 months        maximum:   1 year, 8 months and 1 day to 2 years and 4 months

 

 One more degree lower is arresto mayor in its minimum and medium periods, as follows:

 

        minimum:    1 month and 1 day to 2 months           medium:      2 months and 1 day to 3 months           maximum:   3 months and 1 day to 4 months

 

10.    While jogging at a park, Manuel was mugged by two unknown individuals, who punched and kicked him. As a result, Manuel suffered injuries that required medical attention for 10 days. Investigators were not able to identify the ones responsible for the crime.  

 

 Six years later, Manuel discovered from Gabriel, his former classmate, that siblings Lucio and Dencio, also their classmates, clandestinely mugged Manuel on account of their anger and left for the United States the day after. Gabriel came to know of this when he met up a week earlier with Lucio and Dencio, who just returned to the Philippines to stay here for good. Gabriel immediately informed Manuel about his discovery. Thus, charges for less serious physical injuries, punishable by arresto mayor, were filed against Lucio and Dencio, who now seek the dismissal of the case, arguing that prescription had already set in.

 

For his part, Manuel contended that the prescriptive period only commenced to run recently when he came to know of the identities of his attackers. He further argued that Lucio and Dencio cannot claim the benefit of prescription since they were outside the Philippines, to which Lucio and Dencio respond by pointing out that the Philippines has an extradition treaty with the United States. As the trial judge, rule on the positions of Manuel and that of Lucio and Dencio.

 

11.    Chief of Police Siga and his team served a search warrant at Froilan’s residence. Upon entering Froilan’s room, the latter immediately pulled out a pistol from underneath his pillows. Acting faster than Froilan, Chief of Police Siga disarmed Froilan. Upon inspection of the pistol, it was found that its magazine contained five live ammunitions. The pistol was then placed inside a resealable bag and labeled as BS-01-01/15/21. At the police station, Froilan explained that he uses the pistol while making his rounds in their barangay. Subsequently, a certificate was issued confirming that Froilan is not a registered firearm holder of any kind or caliber, as verified by the authorities.

 

Froilan was then charged with violation of Section 28 of Republic Act No.  10591, also known the Comprehensive Firearms and Ammunition Regulation Act.

During the hearing, the prosecution presented a box containing the pistol, marked as SB-01-01-15-21. Additionally, the prosecution submitted the certificate proving that the accused was not licensed to own a firearm. After hearing the case, the judge convicted Froilan. Is the conviction proper? Explain.

 

12.    Luna became embroiled in a scandal known as the “textbook scam.” To avoid arrest, Luna sought help from her adopted brother, Dr. Abraham, a cosmetic surgeon. Luna told Dr. Abraham about her desire to undergo various medical surgeries to significantly alter her appearance to the point of becoming unrecognizable. In short, she wants to become a “new person.”  

 

Luna underwent all the cosmetic surgeries recommended by Dr. Abraham, including rhinoplasty, blepharoplasty, cheek enhancement, and chin modification. After the surgeries were completed, Luna’s features had changed significantly, and Dr. Abraham was very pleased with the results. Is Dr. Abraham guilty of obstruction of justice? Explain.  

 

13.    During a congressional hearing, Marites provided crucial testimony regarding the involvement of numerous public officials in what has been described as the “vaccine scam.” She elaborated on how these public officials allegedly received kickbacks that were directly tied to the overall budget of the project. She shared that the distribution was as follows:

 

20% for Representative Alpha; 10% for Mayor Bravo; 5% for Secretary of Health Charlie; 5% divided among five members of the Bids and Awards Committee; and 2% for her share as customarily done. The remaining funds were allocated for the proposed project.

 

In sum, Marites testified that over the past three years, she was involved in the following projects in the district of Representative Alpha: PHP 80 million for the vaccine in Barangay Matapang, PHP 80 million for the vaccine in Barangay Mapagmahal, and PHP 100 million for the vaccine in Barangay Masunurin.

 

If you were the prosecutor in this case, who would you charge under Republic Act No. 7080 or the Anti-Plunder Act? Explain.

 

14.    Melanie has always dreamed of starting The Burning Camp (TBC), a training facility for individuals interested in learning how to make candles and soap for sale. She shared the idea with Veb, her best friend, who volunteered to invest and agreed to become an incorporator. Excited about the new business venture, Veb told her husband Thor about it. While preparing for TBC’s incorporation, Thor was appointed as director of Technical Education and Skills Development Authority (TESDA).  

 

Since an endorsement from TESDA is essential for TBC, Thor signed a Letter of Endorsement on behalf of the company. Subsequently, the accreditation for TBC was approved and signed by Thor.

 

Veb then took the role of one of the trainers at TBC, teaching candle-making to students. Did Thor and Veb commit any crime? Explain.

 

15.    Brie, a government employee, received a subpoena from the Office of the Ombudsman regarding a complaint for non-declaration of properties in her Statement of Assets, Liabilities, and Net Worth (SALN). During the investigation, it was discovered that there were errors in Brie’s SALN declarations.

In her Counter-Affidavit, Brie admitted that she committed a mistake in her SALN declarations, explaining further that the undeclared properties were bought using her husband’s salary and from the large sum of the money that she inherited from her deceased parents. She attached some documents to prove her claim. Despite her explanation, the Office of the Ombudsman filed an Information for serious dishonesty against her. Is there probable cause to indict Brie for serious dishonesty? Explain.

 

16.    Ryan, a notorious burglar, conducted surveillance of Levi’s house, which contained several valuable paintings. Ryan armed himself with a handgun tucked in his waist and proceeded to Levi’s house. Upon arriving, he noticed that the front door of the house was unlocked and slightly opened. He walked inside and grabbed one of the paintings from the wall. While on his way out of the house, he tripped and fell on his side. Due to the impact, Ryan’s handgun discharged a bullet. The bullet pierced through the window and hit Tina Maan, an innocent passerby, on the neck. Tina Maan instantly died and Ryan was arrested. What crime/s did Ryan commit, if any? Explain.  

 

17.    Marvin, together with Calvin, planned a heist at an electric car store. Marvin and Calvin attempted to forcefully enter the store but the security guard, Gomez, barred them from entering.  Thus, Calvin shot Gomez on the chest, who died on the spot. Marvin and Calvin then entered the store and demanded the store clerk, Gina, to give them the key to the electric car on display. Gina hesitantly gave the key. Despite complying, Marvin still shot Gina in the head, which led to her immediate demise. Upon getting the key and starting the electric car, Marvin drove it, while Calvin escaped on foot. After one day, Marvin became paranoid that Calvin might confess to the police about the crime they had just committed. Thus, Marvin shot Calvin in the chest, which led to the latter’s death. What crime/s did Marvin commit, if any? Explain.

 

18.    Glen wanted to build a two-storey building but he had a tight budget. Arlin approached Glen and offered to construct the building with quality materials, but still at a competitive price. Arlin had indeed constructed many quality buildings in the past. Due to these assurances, Glen engaged Arlin to construct the building. However, midway through the construction, Arlin suffered dire economic hardship. To stay afloat, she used substandard lightweight materials in some parts of the building. Glen discovered Arlin’s fraud and filed a criminal case for estafa against her. Is Arlin guilty of estafa? Explain.

 

19.    Hayes, unemployed, was annoyed at his neighbor Dolly because she was constantly nagging him. One morning, while Hayes was drinking coffee in front of his house, Dolly approached him and berated him. She told him that he was just a burden to society and that he should find a job. Hayes has had enough of Dolly’s nagging. Thus, to scare her and compel her to stop talking to him, Hayes forcefully grabbed and took the necklace that Dolly was wearing. Shocked and fearful, Dolly reported Hayes to the police, and she never spoke to him again. What crime did Hayes commit, if any? Explain.

 

20.    John, Paul, George, and Ringo approached Beatles Farmers Association and offered to sell sacks of fertilizer to their farmer-members at half the market price. Enticed by the offer, 50 farmer-members bought several sacks from the group because of the latter’s representations. The total amount paid was PHP 3 million. However, it turned out that the fertilizer was merely soil and was deemed useless.

Thus, a criminal case for syndicated estafa was filed against John, Paul, George, and Ringo under Presidential Decree No. 1689 (Increasing the Penalty for Certain Forms of Swindling or Estafa). In their defense, they claimed that the criminal case is unmeritorious because there were merely four persons in the group and the fertilizer was offered only to a specific farmer’s association, and not to the general public. Should John, Paul, George, and Ringo be charged with ordinary estafa under the Revised Penal Code or syndicated estafa under Presidential Decree No. 1689? Explain.