BAR QUESTIONS 2005- CRIMINAL LAW

[grifter]

BAR EXAMINATIONS 2005
CRIMINAL LAW

Page 1 of 9
18 September 2005
2 P.M. -- 5 P.M.

INSTRUCTIONS

This questionnaire consists of fifteen (15) numbers
contained in nine (9) pages. Read each question very
carefully. Answer legibly, clearly and concisely. Start each number on a separate page; an answer to a sub-question under the same number may be written continuously on the same and immediately succeeding pages until completed. Do not repeat the question. HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE GOOD LUCK!!! PLEASE CHECK THE NUMBER OF PAGES IN THIS SET WARNING: NOT FOR SALE OR UNAUTHORIZED USE

- I -

(1.) Distinguish the following from each other:

a) Complex crime under Article 48 of the Revised Penal Code;

b) Special complex crime; and

c) delito continuado.(3%)

(2.) Under Article 27 of the Revised Penal Code, as amended by Republic Act (RA) No. 7959, reclusion perpetua shall be from 20 years and 1 day to 40 years. Does this mean that reclusion perpetuais now a divisible penalty? Explain. (2%)

(3.) Distinguish pecuniary penalties from pecuniary liabilities. (2%)

(4.) Taking into account the nature and elements of the felonies of coup d' etat and rape, may one be criminally liable for frustrated coup d' etat or frustrated rape? Explain. (2%)

(5.) Distinguish malum in se from malum prohibitum. (2%)

- II -

(1.) Belle saw Gaston stealing the prized thingy of a neighbor and reported him to the police. Thereafter, Gaston, while driving a car saw Belle crossing the street. Incensed that Belle had reported him, Gaston decided to scare her by trying to make it appear that he was about to run her over. He revved the engine of his car and drove towards her but he applied the brakes. Since the road was slippery at that time, the vehicle skidded and hit Belle causing her death.

What is the liability of Gaston? Why? (4%)

(2.) DD was engaged in the warehouse business. Sometime in November 2004, he was in dire need of money. He, thus, sold merchandise deposited in his warehouse to VR for P500,000.00. DD was charged with theft, as principal, while VR as accessory. The court convicted DD of theft but acquitted VR on the ground that he purchased the merchandise in good faith. However, the court ordered VR to return the merchandise to the owner thereof and ordered DD to refund the P500,000.00 to VR.

DD moved for the reconsideration of the decision insisting that he should be acquitted of theft because being the depositary, he had juridical possession of the merchandise. VR also moved for the reconsideration of the decision insisting that since he was acquitted of the crime charged, and that he purchased the merchandise in good faith, he is not obligated to return the merchandise to its owner.

Rule on the motions with reasons. (5%)

- III -

(1.) Harold was convicted of a crime defined and penalized by a special penal law where the imposable penalty is from 6 months, as minimum, to 3 years, as maximum.

State with reasons whether the court may correctly impose the following penalties:

a) a straight penalty of 10 months;

b) 6 months, as minimum, to 11 months, as maximum;

c) a straight penalty of 2 years. (5%)

(2.) E and M are convicted of a penal law that imposes a penalty of fine or imprisonment or both fine and imprisonment. The judge sentenced them to pay the fine, jointly and severally, with subsidiary imprisonment in case of insolvency.

a) Is the penalty proper? Explain.

b) May the judge impose an alternative penalty of fine or imprisonment? Explain. (4%)

(3.) The accused was found guilty of 10 counts of rape for having carnal knowledge with the same woman. In addition to the penalty of imprisonment, he was ordered to pay indemnity in the amount of P50,000.00 for each count. On appeal, the accused questions the award of civil indemnity for each count, considering that the victim is the same woman.

How would you rule on the contention of the accused? Explain. (3%)

- IV -

(1.) Maganda was charged with violation of the Bouncing Checks Law (BP 22) punishable by imprisonment of not less than 30 days but not more than 1 year or a fine of not less than but not more than double the amount of the check, which fine shall not exceed P200,000.00, or both. The court convicted her of the crime and sentenced her to pay a fine of P50,000.00 with subsidiary imprisonment in case of insolvency, and to pay the private complainant the amount of the check. Maganda was unable to pay the fine but filed a petition for probation. The court granted the petition subject to the condition, among others, that she should not change her residence without the court's prior approval.

a) What is the proper period of probation?

b) Supposing before the Order of Discharge was issued by the court but after the lapse ofthe period of probation, Maganda transferred residence without prior approval of the court. May the court revoke the Order of Probation and order her to serve the subsidiary imprisonment? Explain. (5%)

(2.) DD purchased a television set for P50,000.00 with the use of a counterfeit credit card. The owner of the establishment had no inkling that the credit card used by DD was counterfeit.

What crime or crimes did DD commit? Explain. (5%)

- V -

Paz Masipag worked as a housemaid and yaya of the one-week old son of the spouses Martin and Pops Kuripot. When Paz learned that her 70 year-old mother was seriously ill, she asked Martin for a cash advance of P1,000.00 but Martin refused. One morning, Paz gagged the mouth of Martin's son with stockings; placed the child in a box; sealed it with masking tape and placed the box in the attic. Later in the afternoon, she demanded P5,000.00 as ransom for the release of his son. Martin did not pay the ransom. Subsequently, Paz disappeared.

After a couple of days, Martin discovered the box in the attic with his child already dead. According to the autopsy report, the child died of asphyxiation barely three minutes after the box was sealed.

What crime or crimes did Paz commit? Explain. (5%)

- VI -

Candido stabbed an innocent bystander who accidentally bumped him. The innocent bystander died as a result of the stabbing. Candido was arrested and was tested to be positive for the use of "shabu" at the time he committed the stabbing.

What should be the proper charge against Candido? Explain. (3%)

- VII -

Jose employed Mario as gardener and Henry as cook. They learned that Jose won P500,000.00 in the lotto, and decided to rob him. Mario positioned himself about 30 meters away from Jose's house and acted as lookout. For his part, Henry surreptitiously gained entry into the house and killed Jose who was then having his dinner. Henry found the P500,000.00 and took it. Henry then took a can of gasoline from the garage and burned the house to conceal the acts. Mario and Henry fled, but were arrested around 200 meters away from the house by alert barangay tanods. The tanods recovered the P500,000.00.

Mario and Henry were charged with and convicted of robbery with homicide, with the aggravating circumstances of arson, dwelling, and nighttime.

Mario moved to reconsider the decision maintaining that he was not at the scene of the crime and was not aware that Henry killed the victim; hence, he was guilty only of robbery, as an accomplice. Mario also claimed that he conspired with Henry to commit robbery but not to kill Jose. Henry, likewise, moved to reconsider the decision, asserting that he is liable only for attempted robbery with homicide with no aggravating circumstance, considering that he and Mario did not benefit from the P500,000.00. He further alleged that arson is a felony and not an aggravating circumstance; dwelling is not aggravating in attempted robbery with homicide; and nighttime is not aggravating because the house of Jose was lighted at the time he was killed.

Resolve with reasons the respective motions of Mario and Henry. (7%)

- VIII -

Pete, a security guard, arrived home late one night after rendering overtime. He was shocked to see Flor, his wife, and Benjie, his best friend, completely naked having sexual intercourse. Pete pulled out his service gun and shot and killed Benjie. Pete was charged with murder for the death of Benjie. Pete contended that he acted in defense of his honor and that, therefore, he should be acquitted of the crime.

The court found that Benjie died under exceptional
circumstances and exonerated Pete of the crime, but sentenced him to destierro, conformably with Article 247 of the Revised Penal Code. The court also ordered Pete to pay indemnity to the heirs of the victim in the amount of P50,000.00.

a) Is the defense of Pete meritorious? Explain.

b) Under Article 247 of the Revised Penal Code, is destierro a penalty? Explain.

c) Did the court correctly order Pete to pay indemnity despite his exoneration under Article 247 of the Revised Penal Code? Explain.(5%)

- IX -

Allan, the Municipal Treasurer of the Municipality of Gerona, was in a hurry to return to his office after a day-long official conference. He alighted from the government car which was officially assigned to him, leaving the ignition key and the car unlocked, and rushed to his office. Jules, a bystander, drove off with the car and later sold the same to his brother, Danny for P20,000.00, although the car was worth P800,000.00.

a) What are the respective crimes, if any, committed by Allan, Danny and Jules? Explain.

b) What, if any, are their respective civil liabilities? Explain. (5%)

- X -

During a PNP buy-bust operation, Cao Shih was arrested for selling 20 grams of methamphetamine hydrochloride (shabu) to a poseur-buyer. Cao Shih, through an intermediary, paid Patrick, the Evidence Custodian of the PNP Forensic Chemistry Section, the amount of P500,000.00 in consideration for the destruction by Patrick of the drug. Patrick managed to destroy the drug.

State with reasons whether Patrick committed the
following crimes:

a) Direct bribery;

b) Indirect bribery;

c) Section 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act);

d) Obstruction of Justice under PD 1829; (7%)

- XI -

On July 1, 2004, Jet Matulis, a pedophile, gave P1,000.00 to Sherly, an orphan and a prostitute, and brought her to a motel. He inserted a rusty and oversized vibrator into her girl thingy with such force that she bled profusely. Jet panicked and fled. Sherly was brought to the hospital and died a few days later because of shock caused by hemorrhage.

a) What crime or crimes did Jet Matulis commit? Explain.

b) If Sherly were a minor when she died, would your answer be the same? Explain. (5%)

- XII -

Don Gabito, a philanthropist, offered to fund several projects of the Mayor. He opened an account in the Mayor's name and regularly deposited various amounts ranging from P500,000.00 to P1 Million. From this account, the Mayor withdrew and used the money for constructing feeder roads, barangay clinics, repairing schools and for all other municipal projects. It was subsequently discovered that Don Gabito was actually a jueteng operator and the amounts he deposited were proceeds from his jueteng operations.

What crime/s were committed? Who are criminally liable? Explain. (6%)

- XIII -

Obie Juan is suspected to have in his possession an
unspecified amount of methamphetamine hydrochloride or "shabu". An entrapment operation was conducted by police officers, resulting in his arrest following the discovery of 100 grams of the said dangerous drug in his possession. He was subjected to a drug test and was found positive for the use of marijuana, another dangerous drug. He was subsequently charged with two crimes: Violation of Section 11, Article II of RA 9165 for the possession of "shabu" and violation of Section 15, Article II of RA 9165 for the use of marijuana.

a) Are the charges proper? Explain.

b) So as not to be sentenced to death, Obie Juan offers to plead guilty to a lesser offense. Can he do so? Why? (5%)

- XIV -

Al Chua, a Chinese national, filed a petition under oath for naturalization, with the Regional Trial Court of Manila. In his petition, he stated that he is married to Leni Chua; that he is living with her in Sampaloc, Manila; that he is of good moral character; and that he has conducted himself in an irreproachable manner during his stay in the Philippines. However, at the time of the filing of the petition, Leni Chua was already living in Cebu, while Al was living with Babes Toh in Manila, with whom he has an amorous relationship. After his direct testimony, Al Chua withdrew his petition for naturalization.

What crime or crimes, if any, did Al Chua commit? Explain. (5%)

- XV -

In an interview aired on television, Cindee uttered defamatory statements against Erika, a successful and reputable businesswoman.

What crime or crimes did Cindee commit? Explain. (3%)

NOTHING FOLLOWS.

[pinkalou]

BAR EXAMINATION 2006
CRIMINAL LAW

17 September 2006 2 P.M. - 5 P.M.
INSTRUCTIONS

This questionnaire consists of seventeen (17) numbers contained in ten (10) pages. Read each question very carefully. Answer legibly, clearly, and concisely. Start each number on a separate page; an answer to a sub-question under the same number may be written continuously on the same page and immediately succeeding pages until completed. Do not repeat the question. A mere "Yes" or "No" answer without any corresponding discussion will not be given any credit.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!


Signed ANGELINA S. GUTIERREZ
Chairperson
20006 Bar Examination Committee
PLEASE CHECK THE NUMBER OF PAGES IN THIS SET
WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CRIMINAL LAW

- I -

Motive is essential in the determination of the commission of a crime and the liabilities of the perpetrators.

What are the instances where proof of motive is not essential or required to justify conviction of an accused? Give at least 3 instances. 5%

- II -

When can a Filipino citizen residing in this country use an alias legally? Give 3 instances. 2.5%

Under what situations may a private person enter any dwelling, residence, or other establishments without being liable for trespass to dwelling? 2.5%

- III -

What are the 3 ways of committing arbitrary detention? Explain each. 2.5%

What are the legal grounds for detention? 2.5%

When is an arrest by a peace officer or by a private person considered lawful? Explain. 5%

- IV -

Enumerate the differences between pardon and amnesty. 2.5%

Under Presidential Proclamation No. 724, amending Presidential Proclamation No. 347, certain crimes are covered by the grant of amnesty. Name at least 5 of these crimes. 2.5%

Can former DSWD Secretary Dinky Soliman apply for amnesty? How about columnist Randy David? (You are supposed to know the crimes or offenses ascribed to them as published in almost all newspapers for the past several months.) 2.5%

General Lim and General Querubin of the Scout Rangers and Philippine Marines, respectively, were charged with conduct unbecoming an officer and a gentleman under the Articles of War . Can they apply for amnesty? 2.5%

- V -

There are at least 7 instances or situations in criminal cases wherein the accused, either as an adult or as a minor, can apply for and/or be granted a suspended sentence. Enumerate at least 5 of them. 5%

- VI -

In 1982, the Philippine National Bank (PNB), then a government banking institution, hired Henry dela Renta, a CPA, as Regional Bank Auditor. In 1992, he resigned and was employed by the Philippine Deposit Insurance Corporation (PDIC), another government-owned and controlled corporation. In 1995, after the PNB management unearthed many irregularities and violations of the bank's rules and regulations, dela Renta was found to have manipulated certain accounts involving trust funds and time deposits of depositors. After investigation, he was charged with malversation of public funds before the Sandiganbayan. He filed a motion to dismiss contending he was no longer an employee of the PNB but of the PDIC.

Is dela Renta's contention tenable? 2.5%

After his arraignment, the prosecution filed a motion for his suspension pendente lite, to which he filed an opposition claiming that he can no longer be suspended as he is no longer an employee of the PNB but that of the PDIC.

Explain whether he mayor may not be suspended. 2.5%

- VII -

While the 5.5. Nagoya Maru was negotiating the sea route from Hongkong towards Manila, and while still 300 miles from Aparri, Cagayan, its engines malfunctioned. The Captain ordered the ship to stop for emergency repairs lasting for almost 15 hours. Due to exhaustion, the officers and crew fell asleep. While the ship was anchored, a motorboat manned by renegade Ybanags from Claveria, Cagayan, passed by and took advantage of the situation. They cut the ship's engines and took away 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 Authorities resulting in the apprehension of the culprits.

What crime was committed? Explain. 2.5%

Supposing that while the robbery was taking place, the culprits stabbed a member of the crew while sleeping.

What crime was committed? Explain. 2.5%

- VIII -

Commissioner Marian Torres of the Bureau of Internal Revenue (BIR) wrote solicitation letters addressed to the Filipino-Chinese Chamber of Commerce and Industry and to certain CEOs of various multinational corporations requesting donations of gifts for her office Christmas party. She used the Bureau's official stationery. The response was prompt and overwhelming so much so that Commissioner Torres' office was overcrowded with rice cookers, radio sets, freezers, electric stoves and toasters. Her staff also received several envelopes containing cash money for the employees' Christmas luncheon.

Has Commissioner Torres committed any impropriety or irregularity? What laws or decrees did she violate? 5%

- IX -

Eduardo Quintos, a widower for the past 10 years, felt that his retirement at the age of 70 gave him the opportunity to engage in his favorite pastime - voyeurism. If not using his high-powered binoculars to peep at his neighbor's homes and domestic activities, his second choice was to follow sweet young girls. One day, he trailed a teenage girl up to the LRT station at EDSA-Buendia. While ascending the stairs, he stayed one step behind her and in a moment of bravado, placed his hand on her left hip and gently massaged it. She screamed and shouted for help. Eduardo was arrested and charged with acts of lasciviousness. Is the designation of the crime correct? 5%

- X -

Jaime, Andy and Jimmy, laborers in the noodles factory of Luke Tan, agreed to kill him due to his arrogance and miserliness. One afternoon, they seized him and loaded him in a taxi driven by Mario. They told Mario they will only teach Luke a lesson in Christian humility. Mario drove them to a fishpond in Navotas where Luke was entrusted to Emil and Louie, the fishpond caretakers, asking them to hide Luke in their shack because he was running from the NBI. The trio then left in Mario's car for Manila where they called up Luke's family and threatened them to kill Luke unless they give a ransom within 24 hours. Unknown to them, because of a leak, the kidnapping was announced over the radio and TV. Emil and Louie heard the broadcast and panicked, especially when the announcer stated that there is a shoot-to-kill order for the kidnappers. Emil and Louie took Luke to the seashore of Dagat-dagatan where they smashed his head with a shovel and buried him in the sand. However, they were seen by a barangay kagawad who arrested them and brought them to the police station. Upon interrogation, they confessed and pointed to Jaime, Andy, Jimmy and Mario as those responsible for the kidnapping. Later, the 4 were arrested and charged.

What crime or crimes did the 6 suspects commit? 5%

- XI -

Ana has been a bar girl/GRO at a beer house for more than 2 years. She fell in love with Oniok, the bartender, who impregnated her. But Ana did not inform him about her condition and, instead, went home to Cebu to conceal her shame. However, her parents drove her away. So, she returned to Manila and stayed with Oniok in his boarding house. Upon learning of her pregnancy, already in an advanced state, Oniok tried to persuade her to undergo an abortion, but she refused. Because of their constant and bitter quarrels, she suffered birth pangs and gave birth prematurely to a live baby girl while Oniok was at his place of work. Upon coming home and learning what happened, he prevailed upon Ana to conceal her dishonor. Hence, they placed the infant in a shoe box and threw it into a nearby creek. However, an inquisitive neighbor saw them and with the help of others, retrieved the infant who was already dead from drowning. The incident was reported to the police who arrested Ana and Oniok. The 2 were charged with parricide under Article 246 of the Revised Penal Code. After trial, they were convicted of the crime charged.

Was the conviction correct? 5%

- XII -

Judge Rod Reyes was appointed by former President Fidel Ramos as Deputy Ombudsman for the Visayas for a term of 7 years commencing on July 5, 1995. Six months thereafter, a lady stenographer filed with the Office of the Ombudsman a complaint for acts of lasciviousness and with the Supreme Court a petition for disbarment against him. Forthwith, he filed separate motions to dismiss the complaint for acts of lasciviousness and petition for disbarment, claiming lack of jurisdiction over his person and office.

Are both motions meritorious? 5%

- XIII -

Dang was a beauty queen in a university. Job, a rich classmate, was so enamored with her that he persistently wooed and pursued her. Dang, being in love with another man, rejected him. This angered Job. Sometime in September 2003, while Dang and her sister Lyn were on their way home, Job and his minor friend Nonoy grabbed them and pushed them inside a white van. They brought them in an abandoned warehouse where they forced them to dance naked. Thereafter, they brought them to a hill in a nearby barangay where they took turns raping them. After satisfying their lust, Job ordered Nonoy to push Dang down a ravine, resulting in her death. Lyn ran away but Job and Nonoy chased her and pushed her inside the van. Then the duo drove away. Lyn was never seen again.

What crime or crimes were committed by Job and Nonoy? 2.5%

What penalties should be imposed on them? 2.5%

Will Nonoy's minority exculpate him? 2.5%

Is the non-recovery of Lyn's body material to the criminal 2.5%

- XIV -

In a crime of homicide, the prosecution failed to present any receipt to substantiate the heirs' claim for an award of actual damages, such as expenses for the wake and burial.

What kind of damages may the trial court award to them and how much? 5%

- XV -


What is that offense? Explain. 2.5%

During the preliminary investigation and up to the trial proper, Rene and Dante contended that if they were to be held liable, their liability should be limited only to the newly-cut logs found in their possession but not to those found outside the gate.

If you were the judge, what will be your ruling? 2.5%

- XVI -

After receiving a reliable information that Dante Ong, a notorious drug smuggler, was arriving on PAL Flight No. PR 181, PNP Chief Inspector Samuel Gamboa formed a group of anti-drug agents. When Ong arrived at the airport, the group arrested him and seized his attaché case. Upon inspection inside the Immigration holding area, the attaché case yielded 5 plastic bags of heroin weighing 500 grams. Chief Inspector Gamboa took the attaché case and boarded him in an unmarked car driven by PO3 Pepito Lorbes. On the way to Camp Crame and upon nearing White Plains corner Edsa, Chief Inspector Gamboa ordered PO3 Lorbes to stop the car. They brought out the drugs from the case in the trunk and got 3 plastic sacks of heroin. They then told Ong to alight from the car. Ong left with the 2 remaining plastic sacks of heroin. Chief Inspector Gamboa advised him to keep silent and go home which the latter did. Unknown to them, an NBI team of agents had been following them and witnessed the transaction. They arrested Chief Inspector Gamboa and PO3 Lorbes. Meanwhile, another NBI team followed Ong and likewise arrested him. All of them were later charged.

What are their respective criminal liabilities? 5%

- XVII -

Aling Maria received an urgent telephone call from Junior, her eldest son, asking for P2,000.00 to complete his semestral tuition fees preparatory to his final exams in Commerce. Distressed and disturbed, she borrowed money from her compadre Mang Juan with the assurance to pay him within 2 months. Two months lapsed but Aling Maria failed to settle her obligation. Mang Juan told Aling Maria that she does not have to pay the loan if she will allow her youngest 10-year old daughter Annie to work as a housemaid in his house for 2 months at P1,000.00 a month. Despite Aling Maria's objection, Mang Juan insisted and brought Annie to his house to work as a maid.

Was a crime committed by Mang Juan when he brought Annie to his house as maid for the purpose of repaying her mother's loan? 2.5%

If Aling Maria herself was made to work as a housemaid in Mang Juan's household to pay her loan, did he commit a crime? 2.5%

NOTHING FOLLOWS

[pinkalou]

2007 BAR QUESTIONS Criminal Law


--------------------------------------------------------------------------------
BAR EXAMINATION 2007
CRIMINAL LAW

16 September 2007 2:00 P.M. - 5 P.M.
INSTRUCTIONS

This questionnaire consists of ten (10) numbers contained in FIVE (5) pages. Read each question very carefully. Answer legibly, clearly, and concisely. Start each number on a separate page; an answer to a sub-question under the same number may be written continuously on the same page and immediately succeeding pages until completed. Do not repeat the question. A mere "Yes" or "No" answer without any corresponding discussion will not be given any credit.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!


Signed ADOLFO S. AZCUNA
Chairperson
2007 Bar Examination Committee
PLEASE CHECK THE NUMBER OF PAGES IN THIS SET
WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CRIMINAL LAW

I.
(10%)

What are the penalties that may be served simultaneously?

II.
(10%)

Tiburcio asked Anastacio to join their group for a "session". Thinking that it was for a mahjong session, Anastacio agreed. Upon reaching Tiburcio�s house, Anastacio discovered that it was actually a shabu session. At that precise time, the place was raided by the police, and Anastacio was among those arrested.

What crime can Anastacio be charged with, if any? Explain your answer.

III.
(10%)

Jervis and Marlon asked their friend, Jonathan, to help them rob a bank. Jervis and Marlon went inside the bank, but were unable to get any money from the vault because the same was protected by a time-delay mechanism. They contented themselves with the customer�s cellphones and a total of P5,000 in cash. After they dashed out of the bank and rushed into the car, Jonathan pulled the car out of the curb, hitting a pedestrian which resulted in the latter�s death.

What crime or crimes did Jervis, Marlon and Jonathan commit? Explain your answer.

IV.
(10%)

Macky, a security guard, arrived home late one night after rendering overtime. He was shocked to see Joy, his wife, and Ken, his best friend, in the act of having sexual intercourse. Macky pulled out his service gun and shot and killed Ken.

The court found that Ken died under exceptional circumtances and exonerated Macky of murder but sentenced him to destierro, conformably with Article 247 of the Revised Penal Code. The court also ordered Macky to pay indemnity to the heirs of the victim in the amount of P50,000.

Did the court correctly order Macky to pay indemnity even though he was exonerated of murder? Explain your answer.

While serving his sentenced, Macky entered the prohibited area and had a pot session with Ivy (Joy�s sister). Is Macky entitled to an indeterminate sentence in case he is found guilty of the use of prohibited substances? Explain your answer.

V.
(10%)

Distinguish between an accomplice and a conspirator.

What are the three (3) classes of offender in the crime of qualified seduction? Give an example of each.

VI.
(10%)

What are the different acts of inciting to sedition?

VII.
(10%)

Eddie brought his son Randy to a local faithhealer known as "Mother Himala." He was diagnosed by the faithhealer as being possessed by an evil spirit. Eddie thereupon authorized the conduct of a "treatment" calculated to drive the spirit from the boy�s body. Unfortunately, the procedure conducted resulted in the boy�s death.

The faithhealer and tree others who were part of the healing ritual were charged with murder and convicted by the lower court. If you are appellate court Justice, would you sustain the conviction upon appeal? Explain your answer.

VIII
(10%)

Fe is the manager of a rice mill in Bulacan. In order to support a gambling debt, Fe made it appear that the rice mill was earning less than it actually was by writing in a "talaan" or ledger a figure lower than what was collected and paid by their customers. Fe then pocketed the difference. What crime/s did Fe commit, If any? Explain your answer.

IX.
(10%)

During a concert of Gary V. and in order to prevent the crowd from rushing to the stage, Rafael Padilla {a security guard} pointed his gun at the onrush of people. When the crowd still pushed forward, Rafael fired his gun into air to scare them off. However, the bullet hit one of the metal roof supports, ricocheted and then hit one of the stage crew members, causing injuries which resulted in the latter�s confinement in a hospital for twelve days.

What crime/s did Rafael commit? Explain your answer.

X.
(10%)

Pinky was a lessee of a market stall owned by Giovanni. When Pinky refused to pay her rental, Giovanni nailed some wooden barricades on one of the sides of the market stall and posted this warning: "We have closed this portion of the door. Do not open it or else something may happen to you."

What crime/s did Giovanni commit, if any? Explain your answer.

NOTHING FOLLOWS.