2025 CRIMINAL LAW DOCTRINAL PRINCIPLES AND BASICS
(PASS TOP PROBABLE, POSSIBLE, AND NEAREST ANSWERS)
DRAFTING OF INFORMATION
QUESTION:
Whether the variance in the date of the offense as specified in the information and
the date testified to by the victim violated the constitutional right of the accused to be
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informed of the nature and cause of the accusation against him.
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Whether the testimony of Marisol Flores was credible.
DIGEST:
The Supreme Court upheld the credibility of Marisol's testimony, noting its
straightforward and spontaneous nature, corroborated by medical findings. The
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Court ruled that the variance in the date of the offense did not violate the accused's
rights. The complaint filed by the victim pointed to December 1993, and the error in
the information was not deemed prejudicial. The penalties imposed by the trial
court were affirmed, with modifications to the awards for civil indemnity and moral
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damages. (People v. Flores, G.R. No. 130546, July 26, 1999)
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DOCTRINE:
` A liberal approach concerning minor discrepancies in the
information, particularly regarding dates. It ruled that errors in the
drafting of the information should not disadvantage the prosecution if the
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essential facts were clear and the accused could adequately prepare his
defense. Substantial compliance with the constitutional mandate is
sufficient. Even if there are defects in the information, as long as the
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accused is adequately informed of the charges, these defects may not be
fatal to the prosecution's case.
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MEANING:
A concise statement of the ultimate facts constituting the offense, including
the date, place, and manner of the commission of the offense. Legal Basis reference
to the specific law or statute violated.
BAR TIPS:
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Having a balanced diet during this rigorous period of preparation is a matter
which candidates always overlook. This time they should have nourishing food, to
enable them to build up body energies that are fast getting worn out from terrific
use.
DISOBEYING A PERSON IN AUTHORITY
QUESTION:
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Whether Mallari's actions constituted direct assault upon an agent of a person in
authority.
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Whether the force used by Mallari was serious enough to warrant a conviction for
direct assault.
DIGEST:
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The Supreme Court modified the ruling of the Court of Appeals. The Court
held that while Mallari did use force against PO2 Navarro, it was not serious
enough to constitute direct assault.Instead, Mallari was found guilty of resistance
or disobedience under Article 151 of the Revised Penal Code. Mallari was sentenced
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to imprisonment of one month and one day to six months and fined not exceeding
PHP 500.00. (Mallari v. People, G.R. No. 224679, February 12, 2020)
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DOCTRINE:
If the use of physical force against agents of persons in authority is
not serious, it does not constitute direct assault but rather falls under
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resistance or disobedience as defined in Article 151 of the Revised Penal
Code. The gravity of the act is assessed based on the circumstances,
motives, and the significance of the transgression, rather than the source
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of the order disobeyed. The offense of resistance or disobedience is
punishable under Article 151, which details the penalties depending on the
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seriousness of the resistance. If the disobedience is not serious, a lighter
penalty applies.
MEANING:
Disobedience to a person in authority or their agents is committed by any
person who, without legal justification, disobeys the lawful orders of a public officer
or a person in authority. Individuals who have a direct mandate from the
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government, such as judges, mayors, governors, policemen, and other public
officials.
BAR TIPS:
The bar candidate should use only standard textbooks for review and avoid
reading notes all full of unnecessary details and useless explanations that can only
produce mental confusion in his already confused mind.
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ROBBERY WITH HOMICIDE
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QUESTION:
Whether the conviction of Juan and Victor for the crime of robbery with homicide
was valid.
Whether the identification of Juan and Victor by Rodolfo and Romulo was reliable.
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Whether the trial court deprived the accused-appellants of their right to fully
cross-examine Rodolfo.
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DIGEST:
The Supreme Court held that the identification by Rodolfo and Romulo was
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reliable. It is natural for victims of violence to strive to see the perpetrators of the
crime. The Court found no deprivation of the right to cross-examine as the defense
had an opportunity to do so but failed to continue through no fault of the
prosecution or the witness. The Court ruled that the trial court correctly convicted
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Juan and Victor of robbery with homicide. However, it modified the penalty to
reclusion perpetua due to the non-allegation of treachery in the information. (People
v. Escote, G.R. No. 140756, April 04, 2003)
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DOCTRINE:
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Robbery with homicide is classified as a single, indivisible crime
against property, despite involving elements of violence against a person.
To convict someone of robbery with homicide, the prosecution must prove:
The taking of personal property through violence or intimidation.
The property taken belongs to another.
The intent to gain (animus lucrandi).
Homicide occurred on the occasion of the robbery.
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MEANING:
Robbery with homicide occurs when a person commits robbery and, on the
occasion or by reason of the robbery, a homicide is committed. The penalty for
robbery with homicide is reclusion perpetua to death. The exact penalty depends on
the circumstances of the case and the presence of any aggravating or mitigating
factors. This crime is punished under Article 294 of the Revised Penal Code of the
Philippines.
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BAR TIPS:
Another factor that the candidate should consider as an important equipment
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to enable him to pass the bar examination is command of language.
RAPE AND CONSPIRACY
QUESTION:
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Whether conspiracy existed in the commission of the crime of robbery with rape.
Whether the trial court erred in not appreciating the privileged mitigating
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circumstance of minority in favor of Mendoza.
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DIGEST:
The Supreme Court affirmed the conviction of Eric Mendoza. The Court held
that conspiracy to commit robbery was sufficiently established, making all
conspirators equally liable for the rape committed during the robbery. The evidence,
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including the credible testimony of the victim, proved Mendoza's participation in
the crime. The Court acknowledged the mitigating circumstance of minority as
Mendoza was 17 years old at the time of the crime.The penalty was modified to an
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indeterminate sentence of 10 years and 1 day of prision mayor in its maximum
period to 18 years, 2 months, and 21 days of reclusion temporal in its maximum
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period. (People v. Mendoza, G.R. No. 123186, July 09, 1998)
DOCTRINE:
When two or more individuals are charged as co-conspirators in the
crime of robbery with rape, it is sufficient to prove the conspiracy to rob
for all parties to be held liable as principals in the crime of robbery with
rape. The actual commission of rape by only one member of the group does
not absolve the others; they can all be convicted of robbery with rape as
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long as the rape occurred in connection with the robbery. It is not
essential for the rape to occur simultaneously with the robbery; it is
enough that it happens on the occasion of the robbery.
MEANING:
Rape is defined under Article 266-A of the Revised Penal Code, as amended
by Republic Act No. 8353 (Anti-Rape Law of 1997). It involves non-consensual
sexual intercourse or sexual assault through force, threat, intimidation, or when the
victim is incapacitated. Conspiracy, in general, is defined under Article 8 of the
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Revised Penal Code. It occurs when two or more persons agree to commit a felony
and decide to commit it. Conspiracy must be proven as clearly as the commission of
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the offense itself. Direct proof of a previous agreement is not necessary; it can be
inferred from the conduct of the accused before, during, and after the commission of
the crime.
BAR TIPS:
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First, the UP law suggests, the candidate should go on leave from work if he
belongs to the working gentry.
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