BAR Exams Frequently Asked Questions Q&A – Criminal Law – Audiobook Review Part 2
BAR FREQUENTLY ASKED QUESTIONS
PART 2 Concepts
QUESTION: What is the doctrine of implied conspiracy? (1998; 2003)
ANSWER: The doctrine of implied conspiracy holds two or more persons participating in the commission of a crime collectively responsible and liable as co-conspirators although absent any agreement to that effect, when they act in concert, demonstrating unity of criminal intent and a common purpose or objective. The existence of a conspiracy shall be inferred or deduced from their criminal participation in pursuing the crime and thus the act of one shall be the act of all.
QUESTION: Are reclusion perpetua and life imprisonment the same? Can they be imposed interchangeably? (1991; 1994; 2001)
ANSWER: NO. Reclusion perpetua is a penalty prescribed by the RPC, with a fixed duration of imprisonment from 20 years and 1 day to 40 years, and carries with it accessory penalties.
Life imprisonment, on the other hand, is a penalty prescribed by special laws, with no fixed duration of imprisonment and without any accessory penalty.
QUESTION: What is a memorandum check? Is a person who issues a memorandum check without sufficient funds guilty of violating B.P Blg. 22? (1994;1995)
ANSWER: A memorandum check is an ordinary check with the word “Memorandum,” “Memo,” or “Mem” written across the check, signifying that the maker or drawer engages to pay its holder absolutely, thus partaking the nature of a promissory note. It is drawn on a bank and is a bill of exchange within the purview of Sec. 185 of the Negotiable Instruments Law.
A person who issued a memorandum check without sufficient funds is guilty of violating B.P. Blg. 22 as said law covers all checks whether it is an evidence of indebtedness, or in payment of a pre-existing obligation, or as deposit or guarantee.
QUESTION: Distinguish clearly but briefly between rebellion and coup d’etat based on their constitutive elements as criminal offenses.
ANSWER: Rebellion is committed by a public uprising and taking arms against the government while coup d’ etat is committed by means of swift attack accompanied by violence, intimidation, threat, strategy, and stealth.
The purpose of rebellion is either to remove from the allegiance to the Philippine Government or its laws the territory of the Philippines or any part thereof or any body of land, naval or other armed forces; or to deprive the Chief Executive or Congress wholly or partially of any of their powers or prerogatives.
On the other hand, the purpose of a coup d’ etat is to seize or diminish state power from the duly constituted authorities of the government or any military camp or the installation communication networks, public utilities and other facilities needed for the exercise of continued possession of powers.
Rebellion may be committed by any group of persons while coup d ‘etat is committed by a person or persons belonging to the military or police, or holding any public office or employment. Rebellion is committed by more than 1 person as it involves a public uprising, while coup d ‘etat may be committed by only one person.
QUESTION: Distinguish clearly but briefly between compound and complex crimes as concepts in the Penal Code.
ANSWER: Compound crime is when a single act constitutes two or more grave or less grave felonies while a complex crime is when an offense is a necessary means for committing the other.
QUESTION: Distinguish clearly but briefly between justifying and exempting circumstances in criminal law.
ANSWER: Justifying circumstances are those when the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability.
On the other hand, exempting circumstances are those grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which makes the act voluntary or negligent.
QUESTION: Distinguish clearly but briefly between intent and motive in the commission of an offense.
ANSWER: Intent is the purpose to use a particular means to effect a definite result while motive is the moving power which impels one to action for such result.
QUESTION: Distinguish clearly but briefly between oral defamation and criminal conversation.
ANSWER: Oral defamation, known as slander, is a malicious imputation of any act, omission or circumstance against a person, done orally in public, tending to cause dishonor, discredit, contempt, embarrassment or ridicule to the latter. This is a crime against honor penalized in Art. 358 of the Revised Penal Code.
Criminal conversation is a term used in making a polite reference to sexual intercourse as in certain crimes, like rape, seduction and adultery. It has no definite concept as a crime.