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SUOO!S'T D ANSW!RS TO TH! 2010 BAR EXAMINATIONQUESTIONS IN
MERCANTILE LAW
II-CRIMINAL LAW
XIX
Or. Nobel discovered a new method of treating Alzheimer's
involving aspecial method of diagnosing thedisease, treating it
with a new medicine that .has been discovered after long
experimentation and field testing, and novel mental isometric ..
exercises: He comes to you for advice on how he can have his
discoveries protected . Can he legally protect his new method of
diagnosis, the new medicine, and the new method of treatment? If
no, why? If yes, how? (4%)
SUGGESTEDANSWER:
Dr. Nobel can be protected by a patent for the newmedicine as lt
falls within the scope of Sec. 21 of the Intellectual Property Code
(Rep. Act No. 8293, asamended). But no protection can be legally
extended to him for the method of diagnosis and method of treatment
which are expressly non-patentable (Sec.22, Intellectual Property
Code).
NOTE:F_or any answer; the candidate should be given full credit
as Bulk Sales Law hlzs not been in.eluded in the coverage of the
examination in Commercial Law.
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PART II
An agonizing and protracted trial hl!.ving come to a close, the
judge found A guilty beyond reasonable doubt of homicide and
imposed on him a straight penalty of S X (6) YEARS and ONE ( 1) DAY
of prision mayor. The public prosecutor objected fo the sentence on
the ground that the proper penalty should have been 'IWELVE(12)
YEARS and ONE (1) DAY of reclusion temporal.The defense - co1msel
chimed in, ontending that application of the Indeterminate Sentence
Law should leadto the imposition of a straight penalty of SIX (6)
MONTHS and 0NE (1) DAY of prision correccional only. Who of the
three is on the right track? Explain. (3%
Slll/EllllAl/IWEI:None of the contentions is correct because the
Indeterminate Sentence Law (Act 4103,C1$ amended) has not been
followed The imposition of penalty for the crime of homicide,which
is penalized by imprisonment eceeding one (1) year and is
divisible, i co,vered by the Iiideterminate Sentence Law.The said
law requires t.hat.t tho aentenQe in this case should reflect a
minimum tum for purposes ofparole, and a m@ldmum term flxbl.c the
timit of theimprisonment. Imposing straight penalty is
lo.correct.
II
A. Wha.t is the crime of qualified bribery? (2%)
SUGGESTEDAl/IWER:Qualified bribery is a crime cqnunltted by a
public officer who is entrusted with law enlorce:s:nent aQ.d who,
in
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II IISUGGESTED ANSWERS TO THE 2010 BAR EXAMINATIONQUESTIONS IN
CRIMINAL LAW
SUGGESTED ANSWERS TO THE io10 BAR EXAMIN-ATIONQUESTIONS IN
CRIMINAL LAW0"'127
conideration of any ofter, promise, cift or offer, refrains from
arrestinc or proaeouti111 an offen4er who ha \. committed a crime
punlabable by rofuton perpetua and/ or death (Art. 21lA, RPC).
B. May a judge be ch;:i.rged and prosecuted for such felony? How
about a public prosecutor? A police officer? Explain. (5%)
SUGGESTEDANSWER:.No, ajudge may nt be charged of this felony
because his official duty a a public officer is not law
enforcement
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lu.ITEIMIWIR:Ye, a pvblio officer charged un.dor Sec. 3(b) of
Rep. Act 3019 (ArdiGrc;ift and Corrupt Practhtt1 ct)may also be
charged aimtaneously or succeHlvol1ft>r the crimeor direct
bribery under Art. 210 of the Revised Penal Code, becaue the twQ
crimes are eaaentlally different and are penall&ed nder
distinct legal philosophies. Whereas violation of Sec. 3(b) of R.A.
3019 i a m'alum prohibitum, the c::rime under Art. 210 of the Code
is a malum in se.
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but the determination of cases already filed in court. 'On the
other hand, a public prosecutor may be prosecuted for this crime in
respect -of the .bribery committed aside from dereliction of duty
committed in. .violation of Art. 208 of the Revised Penal Code,
should herefrain from prosecuting an offender who has committed a
crime punishable by reclusion perpetua and/ or _death in
consideration of'any offer, promise, gift or present.Meanwhile, a
police officer who refrains frm arresting such offender foJ:the
same consideration above. stated, may be prosecuted for this felony
since he is apublic officer entrusted with law enforcement.
III
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Because of the barbarity and hideousness of the acts committed
by the suspects/ respondents in cutting off their victims'
appendages, stuffing their torsos, legs, body parts into oil drums
and -bullet-riddled vehicles and later on burying these oil drums,
vehicles with the use of backhoes and other earth-moving machinery,
the Commission on Human Rights (CHR) investigating team recommended
to the panel of public prosecutors that all respondents be charged
with violation of the "Heinous Crimes I.aw." The prosecution panel
agreed with the CHR. As the hief Prosecutor tasked with approving
the filing of theInformation, how will you pass upon the
recommendation? Explain. (5%)
May a public officer charged under Section 3(b) of Republic Act
No. 3019 ["directly or indirectly requesting or receiving any gift,
present, share, percentage or benefit, for himself or for . any
other person, in connection with any contract or transaction
between the government and any other party, wherein the public
officer in his offieial capacity has to intervene u nder the law"]
also be simultaneously or successively charged with direct bribery
under Article 210 of the Revised Penal Code? Explain. (4%)
;'-SUGGESTEDANSWER:
The CHR 1-con-ectmdescribing the crimeacommitted as "heinous
crimes", as defined in tlte pramble of the "Heinous Criines Law"
(Rep. Act No. 76S9), de.pite thepassage of R!'p. Act No. 9346
prohibiting the bnposition of the death penalty.However, the
"Heinous Crimes Law" does not define crimes; it is only an
amendatory law increasing the penalty for the crimes specified
therein as heinous, to a maximum of death. Thus, the heinous crimea
committed
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shall be prosecuted under the penal law they are
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II SUGGESTED ANSWERS TO
THE 2010 BAR EXAMINATION
.SUG
IIGESTED ANSWERS TO THE 2010 BAR EXAMINATION
C7'128
QUESTIONS IN CRIMINAL LAW
QUESTIONS IN CRIM(NAL LAW.0>129
''respectively defined and penalized, aucb a the ReviHd\' VI
-- -Penal Code a the oase lliay be. The ral 1ymptoms',found in
women living in battering relatlon-1blps as a
intent to gain.-
B. Did she incur civil liability? Explain. (2%)
SUGGESTEDANSWER:
result of cumulative abuae (Section 3[d], Rep. Act No 9262).
- - -Eva Marie may incur civil liability if the owner of the
puppy would incur a loss due to non-restitution or rturn thereof to
tlle ownet. Finding any property of value,legally regarded as lost
prope.rty, would constitute theft
-.SUED ANSWERS TO THE 2010 BAR EXAMINATION
-SUGGESTED ANSWERS TO THE 2010 BAR EXAMINATION
C-142
QUES1'10NS IN CRIMINAi. I.AW
QVESTIONS IN CRIMINAi. t.AW0-143
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B. What are the three phases of the "Battered Woman Syndrome?
(3
l/lllllEITEIAlllWER:The three (3) phases of the Battered Woman
Syndrome" are: (1) the tension-building phase; (2) the acute
battering incident; and (3) the tranquil, loving, or non-violent
phase (People v. Genosa, G.R. No. 135981, January.l S, 2004}.
C. Woul the defense prosper despite the absence of any of the
elements for justifying circumstances of self defense under the
Revised Penal Code? Explain. (2%)
. SllGGESTEDANSWER:
Yes.Section 26 of Rep. Act No. 9262 provides that
victim-survivors who are found by the courts to be suffering from
battered woman syndrome do not incur . any criminal and civil
liability notwithstanding the absence of any o the elements for
justifying circumstances of self-defense under the Revised Penal
Code.
IxxMatt was found guilty of drug trafficking while his younger
brother Jeff was found guilty of p0ssession of equipment,
instrument; apparatus and other paraphernalia for dangerous drugs
under Section 12 of Republic Act No. 9165.Matt filed a petition for
probation. Jeff appealed his. conviction during the pendency of
which he also filed a petition for probation.The brothers' counsel
argtied that they beig first time offenders, their petitions for
probation should be granted. How would you resolve the
brothers'petitfons for probation?Explain. (3%)
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SllllllEITllA/llWEI:Tho brothers' petltlon for probation abould
both be deii!ed.Matt'petltlon for probation ahaU bo deed because.h
e was convicted for drug-trafficking. $ectlon 24 of RA 9165
(Comprehensive Dangerous Drug Act of 2002) expressly provtde; "Any
person convicted for drug trafficking orpush ing under thisAct,
rega,rdless of the penalty imJ>osedbythecourt,cannot aucd tof
theprivilege granted by the.Probation Law or Prellf.denttal Decree
No.968, a.s cunended.".O n the other hand, Jeff's application for
probationcannot also be entertained or gra11ted 'bocause he has
already appealed his conviction by the trlal court (Section 4,P.D.
968, as amended}
XXI
Because peace negotiations on the Spratlys situation had failed,
the People's Republic of China declard war against the Philippines.
Myra, a Filipina who lives with he.r Italian expatriate boyfriend ,
discovered ema1l correspondence between him and a certain General
TungKat Su of China, . .On March 12, 2010, Myra discovered tha on
even dateher boyfriend had sent an e-mail to General Tung Kat in
which he agreed to provide vital information.on the milit defense
of the Philippines to the Chinese government m exchange for Pl
million and his safe retum to Italy. Two weeks later, Myra decided
to report the mtter to the proper authorities. Did Myra commit a
crime? Explain. (3%)
SUGGESTEIAJISWElYes, Myra committed the crime of Misprision of
Treason under Art, 116 of the Revised Penal Code, for failing to
report or make known "u soon as possible" to the governor .ox-
provincial fiscal or to the yor or fiscal
mIISUGGESTED ANSWERS TO THE 2010 BAR EXAMINATION
II II IISUGGESTED ANSWERS TO THE 2010 BAR EXAMINATION
0"'144.Q UESTIONS IN CRIMINAL LAW
QUESTION$ IN CRIMINAL t,AW0-145' '
of the City where he resides, tbe conapiraoy bttwten her
Italia11 boyfrie11d and tho Chi11ese Geo.en.I to oommit treaao11
a1ainat the Philippine Governmeiat bi time of war. She decided to
report the matter to the proper authorities only after two (2)
weeks.A. What . crtme, if any, .did the four commit? Enumerate the
elements of the crime. (2%1
ll/llEITEI AlllWII:-
XXII,
Immediately after murdering Bob, Jake went to his m9ther to seek
refuge. His mother told him to hide in the maid's quarters until
she finds abetter place for him to hide. After two days, Jake
transferred to his aunt's house. A week later, Jake was apprehended
by the police. Can Jake's mother and aunt be made criminally liable
as accessories to the crime of murder? Explain. (3 %) .
SUGGESTEDANSWER:
Obviously, Jake's mother was aware of her son's having committed
a felony' such that heZ: act of harboring and concealing him
renders her liable as an accessory. But being an ascendant of Jake,
she is exempt from criminal liability by expressprovision of
Article 20 of the . Revised Penal Code. , ,On the other hand, the
crimirut.l liability of Jake's aunt depends on her knowledge of the
felony committed by Jake. If she had knowledge of his commiHion of
the fefony, her act of harboring and colicea1i11g Jake would .
render her criminally liable as accessory to the crime of murder;
otherwise without knowledge of Jake's commissit;>D of.the
felony, she would not be liable.
XXIII
Christopher, John, Richard, and Luke are fraternity brothers. To
protect themselves from rival fraternities, they all carry guns
wherever they go. One night, after attending a party, they boarded
a taxicab, 'held the driver.at gunpointa.nu taok the latter's
earnings.
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The crime committed is robbery by a band since there were four
(4) offenders acting in concert in committing the tobbery and alf
the four were armed.The elementa of this cri:m.e are:1. unlawful
taking of personal property belonging to another (the earnings of
the tui-driver);2. . inteiat to gain in the taking (of the earnings
which belong to the taxi-driver);3. violence against or
intimidation of person or force upon things was employed in the
taking; and4. there were more than three armed malefactorsta)Qng
part in the com:m.ission f the robbery (Art. 296 in re.lation to
Art. a94, Revised Penal Code)
B.Would your answer be the sa,me if they killed the driver?
Explain. (2%)
SUGGESTEIANSWER:
asNo, the crime be.comes robbery witb hoxnicide and all the
fraternity brothers are liable. The eldatence of a band . shall be
appreciated . only as geiiedc accravating circumstance. Also, if
the firearms used were unlicensed, the aame would only be taken as
generic agcravating circumstanceprovided by the Rep. Act No. 8294
(Peoplev. Bolinget, G.R. Nos.137949-52, December ll, 2003).
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