S.A 2020/21 B.E CRIMINAL LAW | Question #04

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CRIMINAL LAW 


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One Sunday afternoon, while standing at the corner of C.P. Garcia and Katipunan Avenues, an off-duty police officer accosted a motorcycle rider and asked them to alight. The off-duty.police officer then inspected the motorcycle's compartment box. 


Pretending that a sachet of shabu was found, the off-duty police officer demanded PHP1,000.00 in order to prevent an arrest. Fearful of being incarcerated for life for a crime that was not really committed, the motorcycle rider readily complied. Unknown to the off-duty police officer, a surveillance camera caught the entire incident.

Will a charge of robbery prosper against the off-duty police officer? Explain briefly. 

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SUGGESTED ANSWER:



Yes, a charge of robbery would prosper against the off-duty police officer because he employed intimidation in order to take the Php1,000 belonging to the motorcycle rider.

Under Art. 293 of the Revised Penal Code, robbery is committed when a person, with the intent to gain, takes any personal property by means of violence against or intimidation of any person, or using force upon anything.

In this case, the off-duty officer, with the intent to gain, employed intimidation to obtain Php1,000.from the motorcycle rider; hence, he is liable for robbery. 


Code: S.A 2020/21 B.E CRIMINAL LAW | Question #04 


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