Bar Q & A, Criminal Law

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CRIMINAL LAW UP LAW COMPLEX

CRIMINAL LAW  I. Roberto and Ricardo have had a long-standing dispute regarding conflicting claims over the ownership of a parcel of land. One night, Roberto was so enraged that he decided to kill Ricardo. Roberto asked his best friend, Rafael, to lend him a gun and drive him to Ricardo’s house. Rafael knew about Roberto’s… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CRIMINAL LAW UP LAW COMPLEX

Criminal Law

People v. Silvestre and Atienza G.R. No. L-35748 December 14, 1931 Conspiracy to Commit Arson

FACTS: Silvestre Romana, wife of Domingo Joaquin, cohabited with co-defendant Martin Atienza in the barrio of Masocol, municipality of Paombong, Bulacan.  Domingo Joaquin filed a complaint for adultery. The two acused begged the municipal president of Paombong to to urge Domingo to withdraw the complaint. They promised to discontinue cohabitation, and not to live again… Read More People v. Silvestre and Atienza G.R. No. L-35748 December 14, 1931 Conspiracy to Commit Arson

Criminal Law

PEOPLE v. LIZADA G.R. No. 143468-71. January 24, 2003 Essential Elements of an Attempted Felony 

FACTS: Rose Orillosa met accused-appellant in 1994. They decided to live together as husband and wife. Rose has 3 children of her estranged husband Ricardo, namely Analia, who was born on December 18, 1985; Jepsy, who was 11 years old, and Rossel, who was nine years old. On November 5, 1998, at about 3:00 p.m.,… Read More PEOPLE v. LIZADA G.R. No. 143468-71. January 24, 2003 Essential Elements of an Attempted Felony 

Criminal Law

People v. Ulep G.R. No. L-36858 June 20, 1988 Criminal Liability, Proximate Cause

FACTS: On May 21, 1970, at nine o’clock in the evening, Asuncion Pablo Ulep died as a result of physical injuries inflicted upon her by her husband, accused Macario Ulep.  The following day, the Chief of Police received a report of the said death of Asuncion who allegedly died of a heart attack.  The Chief… Read More People v. Ulep G.R. No. L-36858 June 20, 1988 Criminal Liability, Proximate Cause

Criminal Law

INTOD v. CA G.R. No. 103119. October 21, 1992 Impossible Crime, Factual Impossibility, Legal Impossibility

FACTS: Petitioner Sulpicio Intod and his companions, Mandaya, Pangasian, Tubio and Daligdig had a meeting with Aniceto Dumalagan. He told Mandaya that he wanted Palangpangan to be killed because of a land dispute between them and that Mandaya should accompany the four (4) men, otherwise, he would also be killed. At about 10:00 o’clock in… Read More INTOD v. CA G.R. No. 103119. October 21, 1992 Impossible Crime, Factual Impossibility, Legal Impossibility

Criminal Law

PEOPLE v. DECENA G.R. No. 107874 August 4, 1994 Self-defense v. Retaliation

FACTS: On Christmas Day of 1990, at around 4:00 P.M., Luzviminda, the 14-year old daughter of the victim testified that she was playing with her siblings at home, when she was asked by her mother to fetch her father, Jaime Ballesteros, who was then watching a game in the basketball court. On her way, Luzviminda… Read More PEOPLE v. DECENA G.R. No. 107874 August 4, 1994 Self-defense v. Retaliation

Criminal Law

People v. Talaro G.R. No. 175781 March 20, 2012 Conspiracy

FACTS: Raymundo Zamora  went home for breakfast after driving his tricycle. He found Francisca Talaro, Lolito Aquino, Renato Ramos, and Norberto Adviento talking under a santol tree in front of his house.  He went near the group and he learned that his aunt, Francisca, was transacting with the other three accused-appellants for the killing of… Read More People v. Talaro G.R. No. 175781 March 20, 2012 Conspiracy

Criminal Law

People v. Claro G.R. No. 199894 April 5, 2017 Reasonable Doubt, Accused Acquitted on the ground of Reasonable Doubt

FACTS: AAA, a housemaid, was invited by accused Carlito Claro who was then working as a security guard near AAA’s place of work, to meet at Augusto San Francisco Street, Sta. Ana Manila. There, they proceeded on board a passenger jeepney to the Jollibee restaurant in Rizal Avenue. Thereafter, they proceeded to Aroma Motel. Upon… Read More People v. Claro G.R. No. 199894 April 5, 2017 Reasonable Doubt, Accused Acquitted on the ground of Reasonable Doubt

Criminal Law

People v. Lol-lo and Saraw G.R. No. 17958 February 27, 1922 Piracy, Jurisdiction

FACTS: On or about June 30, 1920, two boats left Matuta, a Dutch possession. In the second boat were eleven men, women, and children, all subjects of Holland.  At about 7 o’clock in the evening, between the Islands of Buang and Bukid in the Dutch East Indies, the said boat was surrounded by six vintas… Read More People v. Lol-lo and Saraw G.R. No. 17958 February 27, 1922 Piracy, Jurisdiction