SUGGESTED ANSWERS TO 2023 BAR EXAMS ON CRIMINAL LAW

 SUGGESTED ANSWERS TO 2023 BAR EXAMS ON CRIMINAL LAW

BY JUDGE Marlo Campanilla

1. Court has jurisdiction - Extra-territoriality and generality principle (8-Hrs video Speed Lecture and regular review lecture) 

2. Joey can invoke mistake of fact in relation of death under exceptional circumstance (last-minute video lecture, 8-hrs speed video lecture, pre-week video lecture, regular lecture)

3. Kidnapping with homicide, Ramos and Mercado principle (last-minute video lecture, pre-week video lecture, 8-hrs video speed lecture, regular lecture)

4. Aggravating circumstance of committing a crime in the present of the President; nighttime is not aggravating circumstance (Basic principle)

5. Ado is liable (Basic principle)  

6. Pardon will not remit accessory penalty (8-hrs speed video lecture, pre-week video lecture, regular lecture)

7. The duration of reclusion perpetua is 40 years (Miguel vs. Director of Bureau Prisons, UDK-15368, September 15, 2021)

8. Treason is a war crime. There is no treason in times of peace; violation of two witness rule (pre-week video lecture)

9. Threat to commit terrorism (pre-week video lecture)

10. No evasion of service of sentence and infidelity in the custody of prisoner, justifying circumstance of avoidance of avoidance of greater evil; returning to serve sentence regardless of the reason is not equivalent to evading its service.

11. Direct assault of the first form; to attain sedition objective (To commit, for any political or social end, any act of hate or revenge against private persons or any social class); no public uprising (pre-week video lecture) 

12. Homicide. No deliberate employment of means to render victim defenseless (basic principle)

13. Qualified trafficking in person, consent of the trafficked victim is not a defense (pre-week video lecture)

14. Psychological violence against woman (last-minute video lecture, pre-week video lecture, 8-hrs video speed lecture)

15. Sexual assault by inserting instrument into genital orifice (last-minute video lecture, pre-week video lecture, 8-hrs video speed lecture, regular lecture)

16. Unjust vexation (Kwan v. CA, G.R. No. 113006, November 23, 2000; Criminal law Reviewer vol 1)

17. Intention to marry is not evidence of lewd design. (People v. Crisostomo, G.R. No. L-19034, February 17, 1923) Abduction without lewd design is not forcible abduction; but kidnapping and serious illegal detention qualified by the circumstance that the victim is a woman (last-minute video lecture, pre-week video lecture, 8-hrs video speed lecture, regular lecture) 

18. Malversation is not committed because Jona is not an accountable officer. Crime committed is estafa through falsification of a public document (last-minute video lecture, pre-week video lecture, 8-hrs video speed lecture, regular lecture)

19. Finder in law (Free 2023 Criminal Law Reviewer)

20. Reckless imprudence resulting in falsification of public document (Sevilla v. People, G.R. No. 194390, August 13, 2014; regular lecture)

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