Criminal Law

Criminal Law Update: Conspiracy Part 1

CONSPIRACY  Their concerted efforts were performed with closeness and coordination indicating their common purpose to inflict injury on the victim. For conspiracy to exist, the evidence need not establish the actual agreement which shows the preconceived plan, motive, interest or purpose in the commission of the crime. Proof of publicly observable mutual agreement is not […]

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Criminal Law Update: Conspiracy Part 2

No ex post facto Conspiracy One who joins a conspiracy while the felony subject thereof is being committed or before the said felony is committed and performs overt acts to achieve the common design or purpose, is criminally liable for said felony.  On the other hand, one who joins a conspiracy after the felony subject […]

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Criminal Law Update: Self-defense Part 1

SELF-DEFENSE REQUISITES In order to successfully claim that he acted in defense of a relative, the accused must prove the concurrence of the following requisites: (1) unlawful aggression on the part of the person killed or injured; (2) reasonable necessity of the means employed to prevent or repel the unlawful aggression; and (3) the person […]

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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 […]

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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. […]

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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 […]

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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 […]

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2011 Bar Exams MCQs – Criminal Law

Take the 2011 Bar Exams MCQs – Criminal Law Quiz.    

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