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 penalty is retribution which must be proportional to the gravity of the offense; and (b) the POSITIVIST THEORY, which considers man as a social being and his acts are attributable not just to his will but to other forces of society. As such, punishment is not the solution, as he is not entirely to be blamed; law and jurisprudence should not be the yardstick in the imposition of sanction, instead the underlying reasons would be inquired into.
2. We follow the classical school of thought although some provisions of eminently positivist in tendencies, like punishment of impossible crime, Juvenile circumstances, are incorporated in our Code.
General Principles; Territoriality (1994)
Abe, married to Liza, contracted another marriage with Connie in Singapore. Thereafter, Abe and Connie returned to the Philippines and lived as husband and wife in the hometown of Abe in Calamba, Laguna.
1) Can Abe be prosecuted for bigamy?
SUGGESTED ANSWER:
1) No, Abe may not be prosecuted for bigamy since the bigamous marriage was contracted or solemnized in Singapore, hence such violation is not one of those where the Revised Penal Code, under Art. 2 thereof, may be applied extraterritorially. The general rule on territoriality of criminal law governs the situation.
General Principles; Territoriality; Jurisdiction over Vessel (2000)
After drinking one (1) case of San Miguel beer and taking two plates of “pulutan”, Binoy, a Filipino seaman, stabbed to death Sio Ny, a Singaporean seaman, aboard M/V “Princess of the Pacific”, an overseas vessel which was sailing in the South China Sea. The vessel, although Panamanian registered, is owned by Lucio Sy, a rich Filipino businessman. When M/V “Princess of the Pacific” reached a Philippine Port at Cebu City, the Captain of the vessel turned over the assailant Binoy to the Philippine authorities. An information for homicide was filed against Binoy in the Regional Trial Court of Cebu City. He moved to quash the information for lack of jurisdiction. If you were the Judge, will you grant the motion? Why?
SUGGESTED ANSWER:
Yes, the Motion to Quash the Information should be granted. The Philippine court has no jurisdiction over the crime committed since it was committed on the high seas or outside of Philippine territory and on board a vessel not registered or licensed in the Philippines (US vs. Fowler, 1 Phil 614).
It is the registration of the vessel in accordance with the laws of the Philippines, not the citizenship of her owner, which makes it a Philippine ship. The vessel being registered in Panama, the laws of Panama govern while it is in the high seas.
Use of Aliases; When Allowed (2006)
When can a Filipino citizen residing in this country use an alias legally? Give 3 instances.
SUGGESTED ANSWER:
1. Pseudonym for literary purposes.
2. Use of aliases in cinema and television entertainment.
3. In athletics and sports activities (RA. 6085).
4. Under the witness protection program a person may adopt a different identity (RA. 6981).
5. When he has been baptized or customarily known by such alias.
6. When authorized by a competent court (CA. No. 142, as amended by RA. 6085).
7. When properly indicated in a Certificate of Candidacy (Omnibus Election Code).
From the ANSWERS TO BAR EXAMINATION QUESTIONS in CRIMINAL LAW by the UP LAW COMPLEX and PHILIPPINE ASSOCIATION OF LAW SCHOOLS.
