Constitutional Rights of the Accused Article III, Bill of Rights, of the 1987 Constitution provides for the following rights: All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. (Sec. 16) No person shall be held to answer for a criminal offense without due process… Read More RIGHTS OF THE ACCUSED
Crimes Against National Security and Law of Nation Treason [Article 114] Committed by: A Filipino citizen An Alien residing in the Philippines (A person who owes allegiance to the Philippines whether perpetual or temporary) **It is a war crime. It cannot be committed in times of peace. How Committed: *Levy war against the Philippines *Adhere… Read More CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATION and CRIMES AGAINST PUBLIC ORDER
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
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
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
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
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
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
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