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Criminal Law Bar Exam Answers: Mitigating Circumstances
Mitigating; Non-Intoxication (2000) Despite the massive advertising campaign in media against firecrackers and gun-firing during the New Year’s celebrations, Jonas and Jaja bought ten boxes of super lolo and pla-pla in Bocaue, Bulacan. Before midnight of December 31, 1999, Jonas and Jaja started their celebration by having a drinking spree at Jona’s place by exploding […]
Criminal Law Bar Exam Answers: Justifying and Exempting Circumstances
Exempting Circumstances; Coverage (2000) A, brother of B, with the intention of having a night out with his friends, took the coconut shell which is being used by B as a bank for coins from inside their locked cabinet using their common key. Forthwith, A broke the coconut shell outside of their home in the presence of his friends. a. What is the criminal liability of A, if any? Explain. […]
Criminal Law Bar Exam Answers: Felonies
Conspiracy (1997) A had a grudge against F. Deciding to kill F, A and his friends, B, C, and D, armed themselves with knives and proceeded to the house of F, taking a taxicab for the purpose. About 20 meters from their destination, the group alighted and after instructing E, the driver, to wait, traveled on foot to the house of F. B positioned himself at a distance […]
Criminal Law Bar Exam Answers: General Principles
General Principles; Schools of thought in Criminal Law (1996) 1) What are the different schools of thought or theories in Criminal Law and describe each briefly. 2) To what theory does our Revised Penal Code belong? SUGGESTED ANSWER: 1. There are two schools of thought in Criminal Law, and these are (a) the CLASSICAL THEORY, which simply means that the basis of criminal liabilities is human free will, and the purpose of the […]
Civil Law Bar Exam Answers: Intellectual Property
Intellectual Creation (2004) Dr. ALX is a scientist honored for work related to the human genome project. Among his pioneering efforts concern stem cell research for the cure of Alzheimer’s disease. Under corporate sponsorship, he helped develop a microbe that ate and digested oil spills in the sea. Now he leads a college team for cancer research in MSS State. The team has experimented on […]
Civil Law Bar Exam Answers: Torts and Damages
Collapse of Structures; Last Clear Chance (1990) Mr and Mrs R own a burned-out building, the firewall of which collapsed and destroyed the shop occupied by the family of Mr and Mrs S, which resulted in injuries to said couple and the death of their daughter. Mr and Mrs S had been warned by Mr & Mrs R to vacate the shop in view of its […]
Civil Law Bar Exam Answers: Quasi-Contract
Quasi-Contracts; Negotiorium Gestio (1992) In fear of reprisals from lawless elements besieging his barangay, X abandoned his fishpond, fled to Manila and left for Europe. Seeking that the fish in the fishpond were ready for harvest, Y, who is in the business of managing fishponds on a commission basis, took possession of the property, harvested […]
Civil Law Bar Exam Answers: Pledge
Pledge (1994) In 1982, Steve borrowed P400.000.00 from Danny, collateralized by a pledge of shares of stock of Concepcion Corporation worth P800,000,00. In 1983, because of the economic crisis, the value of the shares pledged fell to only P100,000.00. Can Danny demand that Steve surrender the other shares worth P700,000.00? SUGGESTED ANSWER: a) No. Bilateral contracts […]
Civil Law Bar Exam Answers: Antichresis
Antichresis (1995) Olivia owns a vast mango plantation which she can no longer properly manage due to a lingering illness. Since she is indebted to Peter in the amount of P500.000.00 she asks Peter to manage the plantation and apply the harvest to the payment of her obligation to him, principal and interest, until her indebtedness shall have been fully paid. Peter agrees. 1) What […]
Civil Law Bar Exam Answers: Surety
Recovery of Deficiency (1997) AB sold to CD a motor vehicle for and in consideration of P120,000.00 to be paid in twelve monthly equal installments of P10,000,00, each installment being due and payable on the 15th day of each month starting January 1997. To secure the promissory note, CD (a) executed a chattel mortgage on […]
