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Is A guilty of any
crime? Why? (3%)
Rape; Consented Abduction (2002)
SUGGESTED ANSWER:
A with lewd designs, took a 13-year old girl to a nipa hut in his farm
and there had sexual intercourse with her. The girl did not offer any A is guilty of the crime of concubinage by having sexual intercourse
resistance because she was infatuated with the man, who was good- under scandalous circumstances, with a woman who is not his wife.
looking and belonged to a rich and prominent family in the town. What Having sexual relations on a more or less regular basis in hotels,
crime, if any, was committed by A? Why? (2%) motels and other places may be considered a scandalous
circumstance that offends public conscience, giving rise to criticism
SUGGESTED ANSWER: and general protest such acts being imprudent and wanton and setting
a bad example (People vs.Santos, 86 SCRA 705 [1978]).
A committed the crime of consented abduction under Article 343 of the
Revised Penal Code, as amended. The said Article punishes the ALTERNATIVE ANSWER:
abduction of a virgin over 12 and under 18 years of age, carried out
with her consent and with lewd designs. Although the problem did not A is not guilty of any crime because a married man does not incur the
indicate the victim to be virgin, virginity should not be understood in its crime of concubinage by merely having a paramour, unless under
material sense, as to exclude a virtuous woman of good reputation, scandalous circumstances, or he keeps her in the conjugal dwelling as
since the essence of the crime is not the injury to the woman but the a mistress or cohabits with her in any other place. His weekly meetings
outrage and alarm to her family (Valdepenas vs. People,16 SCRA 871 with his paramour does not per se constitute scandalous circumstance.
[1966]).
Simulation of Birth & Child Trafficking (2002)
ALTERNATIVE ANSWER:
A childless couple, A and B, wanted to have a child they could call their
A committed "Child Abuse" under Rep. Act No. 7610. As defined in said own. C, an unwed mother, sold her newborn baby to them. Thereafter,
law, "child abuse" includes sexual abuse or any act which debases, A and B caused their names to be stated in the birth certificate of the
degrades or demeans the intrinsic worth and dignity of a child as a child as his parents. This was done in connivance with the doctor who
human being, whose age is below eighteen (18) years. assisted in the delivery of C. What are the criminal liabilities, if any, of
the couple A and B, C and the doctor?
BP 22; Presumption of Knowledge (2002)
SUGGESTED ANSWER:
A, a businessman, borrowed P500,000.00 from B, a friend. To pay the
loan, A issued a postdated check to be presented for payment 30 days The couple A and B, and the doctor shall be liable for the crime of
after the transaction. Two days before the maturity date of the check, A simulation of birth, penalized under Article 347 of the Revised Penal
called up B and told him not to deposit the check on the date stated on Code, as amended. The act of making it appear in the birth certificate
the face thereof, as A had not deposited in the drawee bank the of a child that the persons named therein are the parents of the child
amount needed to cover the check. Nevertheless, B deposited the when they are not really the biological parents of said child constitutes
check in question and the same was dishonored of insufficiency of the crime of simulation of birth.
funds. A failed to settle the amount with B in spite of the latter's
C, the unwed mother is criminally liable for "child trafficking", a violation
demands. Is A guilty of violating B.P. Blg. 22, otherwise known as the
of Article IV, Sec. 7 of Rep. Act No. 7610. The law punishes inter alia
Bouncing Checks Law? Explain. (5%)
the act of buying and selling of a child.
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
Yes, A Is liable for violation of BP. Blg. 22 (Bouncing Checks Law),
The couple A and B, the unwed mother C, and the doctor being all
Although knowledge by the drawer of insufficiency or lack of funds at
involved in the simulation of birth of the newborn child, violate Rep. Act
the time of the issuance of the check is an essential element of the
No. 7610. Their acts constitute child trafficking which are penalized
violation, the law presumes prima facie such knowledge, unless within
under Article IV of said law.
five (5) banking days of notice of dishonor or nonpayment, the drawer
pays the holder thereof the amount due thereon or makes Libel (2002)
arrangements for payment in full by the drawee of such checks.
A. A was nominated Secretary of a Department in the Executive
A mere notice by the drawer A to the payee B before the maturity date Branch of the government. His nomination was thereafter
of the check will not defeat the presumption of knowledge created by submitted to the Commission on Appointments for confirmation.
the law; otherwise, the purpose and spirit of B.P. 22 will be rendered While the Commission was considering the nomination, a group
useless. of concerned citizens caused to be published in the newspapers a
full-page statement objecting to A's appointment They alleged that
Adultery (2002)
A was a drug dependent, that he had several mistresses, and that
A, a married woman, had sexual intercourse with a man who was he was corrupt, having accepted bribes or favors from parties
not her husband. The man did not know she was married. What transacting business in his previous office, and therefore he was
crime, if any, did each of them commit? Why? (2%) unfit for the position to which he had been nominated.
SUGGESTED ANSWER: As a result of the publication, the nomination was not confirmed
by the Commission on Appointments. The official sued the
A, the married woman, committed the crime of adultery under Article concerned citizens and the newspapers for libel and damages on
333 of the Revised Penal Code, as amended, for having sexual account of his non-confirmation. How will you decide the case?
intercourse with a man not her husband while her marriage is still (3%)
subsisting. But the man who had carnal knowledge of her, not knowing
her to be married, shall not be liable for adultery. SUGGESTED ANSWER:
Concubinage (2002) I will acquit the concerned citizens and the newspapers involved, from
the crime of libel, because obviously they made the denunciation out of
A is married. He has a paramour with whom he has sexual relations on a moral or social duty and thus there is absence of malice. Since A was
a more or less regular basis. They meet at least once a week in hotels, a candidate for a very important public position of a Department
Secretary, his moral, mental and physical fitness for the public trust in
such position becomes a public concern as the interest of the public is television programs or broadcasts, though it was not specifically
at stake. It is pursuant to such concern that the denunciation was mentioned in the article since it was not yet in existence then, but is
made; hence, bereft of malice. included as "any similar means." Defamatory statements aired on
television is similar to radio, theatrical exhibition or cinematographic
B. If defamatory imputations are made not by publication in the exhibition, which are among the modes for the commission of libel.
newspapers but by broadcast over the radio, do they constitute (Arts. 353 and 355, RPC)
libel? Why? (2%)
xxxxxxxx
SUGGESTED ANSWER:
Don Gabito, a philanthropist, offered to fund several projects of the
Yes, because libel may be committed by radio broadcast Article 355 of Mayor. He opened an account in the Mayor’s name and regularly
the Revised Penal Code punishes libel committed by means, among deposited various amounts ranging from P500,000.00 to P1 Million.
others, of radio broadcast, inasmuch as the broadcast made by radio is From this account, the Mayor withdrew and used the money for
public and may be defamatory. constructing feeder roads, barangay clinics, repairing schools and for
all other municipal projects. It was subsequently discovered that Don
2005 BAR EXAM Gabito was actually a jueteng operator and the amounts he deposited
were proceeds from his jueteng operations. What crime/s were
DD was engaged in the warehouse business. Sometime in November committed? Who are criminally liable? Explain. (6%)
2004, he was in dire need of money. He, thus, sold merchandise
deposited in his warehouse to VR for P500,000.00. DD was charged SUGGESTED ANSWER:
with theft, as principal, while VR as accessory. The court convicted DD
of theft but acquitted VR on the ground that he purchased the Don Gabito violated the Anti-Money Laundering Act (Sec. 4, R.A. No.
merchandise in good faith. However, the court ordered VR to return the 9160) for knowingly transacting money
merchandise to the owner thereof and ordered DD to refund the
P500,000.00 to VR. as property which involves or relates to the proceeds of an unlawful
activity such as jueteng. In addition, he may be prosecuted for liability
DD moved for the reconsideration of the decision insisting that he as ajueteng operator. (R.A. No. 9287)
should be acquitted of theft because being the depositary, he had
juridical possession of the merchandise. VR also moved for the The mayor who allowed the opening of an account in his name is
reconsideration of the decision insisting that since he was acquitted of likewise guilty for violation of the AMLA. He, knowing that the money
the crime charged, and that he purchased the merchandise in good instrument or property involves the proceeds of an unlawful activity,
faith, he is not obligated to return the merchandise to its owner. Rule performs or fails to perform any act which results in the facilitation of
on the motions with reasons. (5%) money laundering.
DD purchased a television set for P50,000.00 with the use of a The designation of the crime as acts of lasciviousness is not correct.
counterfeit credit card. The owner of the establishment had no inkling There is no lewd design exhibited by Eduardo when he placed his
that the credit card used by DD was counterfeit. What crime or crimes hand on the left hip of the victim and gently massaging it. The act does
did DD commit? Explain. (5%) not clearly show an exclusively sexual motivation. The crime he
committed is only unjust vexation for causing annoyance, irritation or
SUGGESTED ANSWER: disturbance to the victim (Art. 287, Revised Penal Code), not acts of
lasciviousness (Art. 336, Revised Penal Code).
DD committed the crime of estafa under Art. 315, par. 2(a) of the
Revised Penal Code by falsely pretending to posses credit. The
elements of estafa under this penal provision are; (1) the accused
2007 BAR EXAM
defrauded another by means of deceit; and (2) damage or prejudice
What are the three (3) classes of offender in the crime of qualified
capable of pecuniary estimation is caused to the offended party or third
seduction? Give an example of each.
party.
SUGGESTED ANSWER:
The accused also violated R.A. No. 8484, which punishes the use or
possession of fake or counterfeit credit card. Classes of offenders in the crime of qualified seduction:
xxxxxxxx 1. Those who abuse their authority,
In an interview aired on television, Cindee uttered defamatory Example: Guardian, teacher and persons in authority
statements against Erika, a successful and reputable businesswoman.
What crime or crimes did Cindee commit? Explain. (3%) 2. Those who abused the confidence reposed in them,
Cindee committed libel for uttering defamatory remarks tending to 3. Those who abuse their relationship.
cause dishonor or discredit to Erika. Libel can be committed in
Example: Brother or ascendant, whether legitimate or illegitimate payable to each payee is a separate criminal resolution, as they must
(Article 337, Revised Penal Code) be of different amounts and of different dates. He acted with separate
fraudulent intent against each swindling and issuing each check. It
xxxxxxxx cannot be maintained that hi acts are the product of one criminal
resolution only.
Eddie brought his son Randy to a local faithhealer known as "Mother
Himala." He was diagnosed by the faithhealer as being possessed by ALTERNATIVE ANSWER: Yes, Angelo committed only one count of
an evil spirit. Eddie thereupon authorized the conduct of a "treatment" estafa and one count of violation of BP 22 because his acts were
calculated to drive the spirit from the boy’s body. Unfortunately, the propelled by one and the same intent to defraud (Santiago v.
procedure conducted resulted in the boy’s death. Garchitorena, 228 SCRA 214[1993]).
The faithhealer and tree others who were part of the healing ritual were xxxxxxxx
charged with murder and convicted by the lower court. If you are
appellate court Justice, would you sustain the conviction upon appeal? At the Maligaya Disco Club, Leoncio and Evelyn were intimately
Explain your answer. dancing a very seductive dance number. While gyrating with their
bodies, Leoncio dipped his private parts in Evelyn’s buttocks.
SUGGESTED ANSWER: Incensed, Evelyn protested, but Leoncio continued and tightly
embraced her.
No, the conviction of murder will not sustained. The faith-healer and
the three others must only be convicted of homicide through reckless If even after the music had stopped, Leoncio continued to dance dirty,
imprudence because they did not have any intent to kill when they rubbing his private parts on Evelyn’s buttocks? What is the crime
treated the victim. There was reckless imprudence because the faith- committed? Explain. (3%)
healer and the three others treated the victim knowing that they do not
have the necessary knowledge and skill to do so and they failed to SUGGESTED ANSWER: The crime would then be acts of
exercise the necessary precaution in healing the victim. (People v. lasciviousness. That the music for dancing had already stopped, puts
Carmen, G.R. No. 137268, March 26, 2001) an end to any pretense of dancing by Leoncio. His continues dirty acts
absent the dancing as there was no music anymore is patently lewd
2009 BAR EXAM and lascivious. More so, Evelyn already protested Leoncio‟s lewd acts
in the course of dancing. So where the dance ended, Leoncio‟s
In the crime of libel, truth is an absolute defense. continued dirty acts cannot be veiled as still part of dancing.
SUGGESTED ANSWER: False, Art. 361 of the RPC provides that 2010 BAR QUESTIONS
proof of truth shall be admissible in libel cases only if the same imputes
a crime or is made against a public officer with respect to fact related BP 22 (2010)
to the discharge of their official duties, and moreover must have been
published with good motives and for justifiable ends. Hence, “truth” as A asked financial support from her showbiz friend B who
a defense, on its own, is not enough. accommodated her by issuing in her favor a postdated check in the
sum of P90,000.00. Both of them knew that the check would not be
xxxxxxxx honored because B’s account had just been closed. The two then
approached trader C whom they asked to change the check with cash,
For a person who transacts an instrument representing the proceeds of even agreeing that the exchange be discounted at P85,000.00 with the
a covered unlawful activity to be liable under the Anti-Money assurance that the check shall be funded upon maturity. Upon C’s
Laundering Act (R.A. 9160, as amended), it must be shown that he has presentment of the check for payment on due date, it was dishonored
knowledge of the identities of the culprits involved in the commission of because the account had already been closed.
the predicate crimes.
What action/s may C commence against A and B to hold them to
SUGGESTED ANSWER: False, there is nothing in the law which account for the loss of her P85,000.00? Explain. (5%)
requires that the accused must know the identities of the culprits
involved in the commission of the predicate crimes. To establish liability SUGGESTED ANSWER:
under R.A. 9160, it is sufficient that proceeds of an unlawful activity are
transacted, making them appear to have originated from legitimate A criminal action for violation of BP 22 may be filed against B who drew
sources the postdated check against a closed bank account, for value paid by
C, and with knowledge at the time he issued the check that the
xxxxxxxx account thereof is already closed.
Angelo devised a Ponzi Scheme in which 500 persons were deceived A cannot be held liable under BP 22 because he was a mere endorser
into investing their money upon a promise of a capital return of 25%, of B‟s check to C who exchanged the check in cash. BP 22 does not
computed monthly, and guaranteed by post-dated checks. During the apply to endorser of checks. Hence only a civil action may be filed by
first two months following the investment, the investors received their C against A to recover the P85,000.00. Although a simultaneous action
profits, but thereafter, Angelo vanished. for estafa is authorized by law for the issuance of a worthless check,
under the given facts, the check was discounted and thus issued in a
Angelo was charged with 500 counts of estafa and 2,000 counts of credit transaction for a pre-existing indebtedness. Criminal liability for
violation of Batas Pambansa (BP) 22. In his motion to quash, Angelo estafa does not arise when a check has been issued in payment for a
contends that he committed a continued crime, or delito pre-existing debt.
continuado, hence, he committed only one count of estafa and one
count of violation of BP 22. Concubinage (2010)
What is delito continuado? (1%) Suspecting that her husband of twenty years was having an affair,
Leilanie hired a private investigator to spy on him. After two weeks, the
Is Angelo’s contention tenable? Explain. (4%) private investigator showed Leilanie a video of her husband having
sexual intercourse with another woman in a room of a five-star hotel.
SUGGESTED ANSWER: No, his contention is not tenable. He Based on what she saw on the video, Leilanie accused her husband of
committed as many count of estafa against the 500 victims and 2000 concubinage.
count of violation of BP 22, since each swindling is achieved through
distinct fraudulent machinations contrived at different time or dates, Will the case of concubinage prosper? Explain. (3%)
and in different amounts. Moreover, his drawing of separate checks
SUGGESTED ANSWER: c) Integration or the provision of apparent legitimacy to the criminal
proceeds.
No, a case for concubinage will not prosper because said crime may
be committed only by a husband in three (3) ways, viz: Syndicated Estafa (2010)
1) By keeping a mistress in the conjugal dwelling; or The president, treasurer, and secretary of ABC Corporation were
2) By having sexual intercourse with a woman not his wife under charged with syndicated estafa under the following Information:
scandalous circumstances; or
3) By cohabiting with a woman not his wife in any other place (Art. 334, That on or about the 1st week of January 2010 or
RPC). subsequent thereto in Cebu City and within the jurisdiction of
this Honorable Court, the above-named accused, conspiring
The facts of the case given do not constitute any of the situations and confederating together and all of them mutually helping
above-stated. and aiding one another in a syndicated manner, through a
corporation registered with the Securities and Exchange
Libel (2010) Commission (SEC), with intention of carrying out the
unlawful or illegal act, transaction, enterprise or scheme,
Angelina maintains a website where visitors can give their comments with intent to gain and by means of fraud and deceit, did
on the posted pictures of the goods she sells in her exclusive boutique. then and there wilfully, unlawfully, and feloniously defraud
Bettina posted a comment that the red Birkin bag shown in Angelina’s Virna, Lana, Deborah and several other persons by falsely or
website is fake and that Angelina is known to sell counterfeit items. fraudulently pretending or representing in a transaction or
series of transactions, which they made with complainants
Angelina wants to file a case against Bettina. She seeks your advice. and the public in general, to the effect that they were in a
What advice will you give her? (4%) legitimate business of foreign exchange trading successively
or simultaneously operating under the name and style of
SUGGESTED ANSWER:
ABC Corporation and DEF Management Philippines,
I will advise Angelina to file a criminal case of libel against Bettina Incorporated, induced and succeeded in inducing
because the imputations made by Bettina is libelous. Whether the complainants and several other persons to give and deliver
imputation of a defect, status or condition is real or imaginary, if it to said accused the amount of at least P20,000,000.00 on
publicly tend to discredit, dishonor or place in contempt or ridicule a the strength of said manifestations and representations, the
particular person who is identified, the imputation I presumed by law to accused knowing fully well that the abovenamed
be malicious and thus penalized as libel under Art. 355 of the Revised corporations registered with the SEC are not licensed nor
Penal Code. authorized to engage in foreign exchange trading and that
such manifestations and representations to transact in
Moreover, if Bettina is engaged in similar line of trade, her statement foreign exchange were false and fraudulent, that these
against the goods sold by Angelina may constitute a violation of the resulted to the damage and prejudice of the complainants
law on Unfair Competition (Rep. Act No. 8291). and other persons, and that the defraudation pertains to
funds solicited from the public in general by such
RA 9160 – AMLA (2010) corporations/associations.
There being probable cause to believe that certain deposits and Will the case for syndicated estafa prosper? Explain. (5%)
investments in a bank are related to an unlawful activity of smuggling
by Alessandro as defined under Republic Act (RA) No. 9160, as SUGGESTED ANSWER:
amended (Anti-Money Laundering Act) an application for an order to
allow inquiry into his deposit was filed with the Regional Trial Court. No, a case for syndicated estafa will not prosper because a syndicate
for such crime under Pres. Decree 1689 must be comprised of five (5)
After hearing the application, the court granted the application and or more persons committing the estafa or other forms of swindling
issued a freeze order. Pass upon the correctness of the court’s order. defined in Arts. 315 and 316 of the Revised Penal Code; whereas the
Explain. (3%) case given involved only three (3) accused who are alleged to have
conspired in the commission of the swindling. But because the amount
SUGGESTED ANSWER: defrauded exceeds P100,000.00, the case is still under the same P.D.
1689 with a lower penalty than syndicated estafa.
The freeze order issued by the Regional Trial Court is not correct,
because jurisdiction to issue said freeze order is now vested with the 2011 BAR EXAM
Court of Appeals under Rep. Act 9194, amending the Anti-Money Set A
Laundering Act (Rep. Act No. 9160). The Regional Trial Court is
without jurisdiction to issue a freeze order of the money involved. (2) The alternative circumstance of relationship shall NOT be
considered between
Define Money Laundering. What are the three (3) stages in money (A) mother-in-law and daughter-in-law.
laundering? (3%) (B) adopted son and legitimate natural daughter.
(C) aunt and nephew.
SUGGESTED ANSWER: (D) stepfather and stepson.
Money Laundring is “the process of which a person conceals the (9) A police officer surreptitiously placed a marijuana stick in a
existence of unlawfully obtained money and makes it appear to have student’s pocket and then arrested him for possession of marijuana
originated from lawful sources. The intention behind such a transaction cigarette. What crime can the police officer be charged with?
is to hide the beneficial owner of said funds and allows criminal (A) None, as it is a case of entrapment
organizations or criminals to enjoy the proceeds of such criminal (B) Unlawful arrest
activities.” (C) Incriminating an innocent person
(D) Complex crime of incriminating an innocent person with
The three (3) stages in money laundering are: unlawful arrest
a) Placement/infusion or the physical disposal of the criminal proceeds; (11) Plaintiff X said in his civil complaint for damages that defendant Y,
employing fraud, convinced him to buy a defective vehicle. Y filed a
b) Layering or the separation of the criminal proceeds from their source criminal action for libel against X for maliciously imputing fraud on him.
by creating layers of financial transactions to disguise such proceeds Will the action prosper if it turns out that the civil complaint for
as legitimate and avoid the audit trail; and damages was baseless?
(A) No, since pleadings filed in court are absolutely privileged. (B) The check, drawn and issued in the Philippines, was
(B) No, since malice is not evident. dishonored by the drawee bank in a foreign country.
(C) Yes, given the fact that the imputation of fraud was baseless. (C) The check was presented to the bank for payment 6 months
(D) Yes, parties must state the truth in their pleadings. after the date of issue.
(D) The drawer of the dishonored check paid its value within 5
(13) X, a tabloid columnist, wrote an article describing Y, a public days from notice of dishonor.
official, as stupid, corrupt, and having amassed ill-gotten wealth. X
relied on a source from Y's own office who fed him the information. Did (59) X and his step-father have a long-standing enmity. One day, irked
X commit libel? by an argument with his step-father, X smashed the windshield of his
(A) Yes, since the article was libelous and inconsistent with good step-father’s brand new Audi sports car. X is liable for
faith and reasonable care. (A) malicious mischief.
(B) No, since X but made a fair commentary on a matter of public (B) malicious mischief with the alternative mitigating circumstance
interest. of relationship.
(C) No, since X’s article constitutes privileged communication. (C) malicious mischief with the alternative aggravating
(D) No, since he wrote his article under the freedom enjoyed by circumstance of relationship.
the press. (D) RIGHT ANSWER the civil damage he caused.
(15) There is violation of Art. 316, RPC (Other forms of Swindling) (64) The prescriptive period for bigamy is 15 years counted from the
where date of the
(A) the owner of property sells a property and subsequently (A) discovery of the second marriage by the offended spouse.
rescinds the sale. (B) registration of the second marriage in the Local Civil Registry.
(B) the real property subject of the sale does not exist. (C) celebration or solemnization of the second marriage.
(C) the property was mortgaged for a usurious contract of loan. (D) discovery of the second marriage by the authorities.
(D) the owner disposes of his encumbered real property as if it is
free from encumbrances. 2012 BAR EXAM
(20) The exchanges of highly offensive words between two quarrelling The wife of AAA predeceased his mother-in-law. AAA was accused of
women in the presence of a crowd of people constitute defrauding his mother-in-law under a criminal information for estafa,
(A) one count of grave slander against the woman who uttered but the actual recital of facts of the offense charged therein, if proven,
the more insulting expressions. would constitute not only the crime of estafa, but also falsification of
(B) grave slander against the woman who started it and light public document as a necessary means for committing estafa. AAA
slander against the other woman. invokes the absolutory cause of relationship by affinity. Which
(C) two separate counts of light slander, one for each woman. statement is most accurate?
(D) two separate counts of grave slander, one against each of
them. a) The relationship by affinity created between AAA and the blood
relatives of his wife is dissolved by the death of his wife and the
(27) X, a court employee, wrote the presiding judge a letter, imputing to absolutory cause of relationship by affinity is therefore no longer
Y, also a court employee, the act of receiving an expensive gift from
available to AAA.
one of the parties in a pending case. Because of this, Y accused X of
libel. Does Y need to prove the element of malice in the case? b) The death of.spouse does not severe the relationship by affinity
(A) No, since malice is self-evident in the letter.
which is an absolutory cause available to AAA for estafa through
(B) Yes, malice is not presumed since X wrote the letter to the
falsification of public document.
presiding judge who has a duty to act on what it states.
(C) No, since malice is presumed with respect to defamatory
c) If AAA commits in a public document the act of falsification as a
imputations.
necessary means to commit estafa, the relationship by affinity
(D) Yes, since malice is not presumed in libel.
still subsists as an absolutory cause for estafa which should be
(29) X draws a check upon request of Y, the payee, who told X that he considered separately from the liability for falsification of public
would merely show the check to his creditor to gain more time to pay document because there is no specific penalty prescribed for the
his account. The check bounced upon presentation by the creditor. complex crime of estafa through falsification of public document.
Under the circumstances, who can be prosecuted for estafa based on
the dishonored check? d) Considering that under the given situation, the two (2) crimes of
(A) Y as the one who negotiated the check contrary to the estafa and falsification of public document are not separate
agreement crimes but component crimes of the single complex crime of
(B) X as the drawer of the check estafa and falsification of public document, the absolutory cause
(C) Both X and Y based on conspiracy of relationship by affinity is not available to AAA.
(D) None
What crime is committed by one who defrauds another by taking
(36) Removing, concealing or destroying documents to defraud undue advantage of the signature of the offended party in a blank
another constitutes the crime of estafa if committed by check and by writing the payee and amount of the check to the
(A) any public officer. prejudice of the offended party?
(B) a public officer officially entrusted with the document.
(C) private individuals who executed the same. a) estafa with unfaithfulness or abuse of confidence;
(D) private individuals.
b) estafa by false pretense;
(41) Culpa can either be a crime by itself or a mode of committing a
crime. Culpa is a crime by itself in c) estafa through fraudulent means;
(A) reckless imprudence resulting in murder.
(B) medical malpractice. d) estafa by other deceits.
(C) serious physical Injuries thru reckless imprudence.
(D) complex crime of reckless imprudence resulting in serious Who among the following is liable for estafa?
physical injuries.
a) The seller of a laptop computer who failed to inform the buyer
(58) Which of the following circumstances of dishonor of a check can that the laptop had a defect.
be a basis for prosecution under the bouncing checks law?
(A) The check was returned unpaid with stamp "stop payment," b) The person who ran away with a cell phone which was handed
although the drawer’s deposit was sufficient. to him upon his pretense that he had to make an emergency call.
c) The person who assured he will pay interest on the amount but If you were the judge in a bigamy case where the defense was able to
failed to do so as promised. prove that the first marriage was null and void or a nullity, would you
render a judgment of conviction or acquittal? Explain your answer.
d) The son who induced his father to buy from him a land which the (2%)
son is no longer the owner.
Assuming the existence of the first marriage when accused contracted
AB was driving a van along a highway. Because of her recklessness, the second marriage and the subsequent judicial declaration of nullity
the van hit a car which had already entered the intersection. As a of the second marriage on the ground of psychological incapacity,
result, CD who was driving the car suffered physical injuries, while would you render a judgment of conviction or acquittal? Explain your
damage to his car amounted to P8,500.00. What is the proper charge answer. (3%)
against AB?
Explain and illustrate the stages of execution of the crime of homicide,
a) AB should be charged with complex crime of reckless taking into account the nature of the offense, the essential element of
imprudence resulting in damage to property with slight physical each of the stages of execution and the manner of committing such
injuries. international felony as distinguished from felony committed through
reckless imprudence. (5%)
b) AB should .be charged with reckless imprudence resulting in
slight physical injuries and reckless imprudence resulting in 2013 BAR EXAM
damage to property.
In her weekly gossip column in a tabloid, Gigi wrote an unflattering
c) AB should be charged with complex crime of slight physical
article about Pablo, a famous singer, and his bitter separation from his
injuries with damage to property.
wife. The article portrayed Pablo as an abusive husband and caused
d) AB should be charged with slight physical injuries and reckless him to lose lucrative endorsement contracts. Pablo charged Gigi with
imprudence resulting in damage to property. libel. In her defense, Gigi countered that she did not commit libel
because Pablo has attained the status of a public figure so that even
RR convinced WW to take a job in Taiwan, assuring her of a good his personal life has become a legitimate subject of public interest and
salary and entitlement to a yearly vacation. WW paid to RR the comment.
processing fee for passport and visa, but no receipt was issued for the
payment. WW was made to use the alien certificate of registration of Is Gigi correct? (7%)
another person with a Chinese name and instructed on how to use the
ANSWER:
Chinese name. The application of WW was rejected by the Taiwanese
authorities. Cases were filed against RR for illegal recruitment and No. Gigi is not correct.
estafa. The case of illegal recruitment was dismissed. Is RR liable for
estafa? Gigi was attacking the personal life of Pablo as a husband and not his
public life as a famous singer. She portrayed Pablo as an abusive
a) RR is liable for estafa with unfaithfulness or abuse of confidence. husband that caused him to lose lucrative endorsement contracts.
Such defamatory utterances are not protected. Any attack upon the
b) RR is liable for estafa by means of false pretenses.
private character of a public figure on matters which are not related to
c) RR is not liable for estafa because WW participated in the illegal their works would constitute libel. (Sazon vs. CA, GR 120715, March
travel documents. 29, 1996; Fermin vs. People, GR 157643, March 28, 2008)
d) RR can no longer be held liable for estafa because with the xxxxxxxx
dismissal of the case against him for illegal recruitment, double
William is the son-in-law of Mercedes who owns several pieces of real
jeopardy has already set in.
property. In 1994, William's wife, Anita, died. In 1996, William caused
Which of the following acts does not constitute estafa or other forms of the preparation of a Special Power of Attorney (SPA) giving him the
swindling? authority to sell two (2) parcels of land registered in the name of
Mercedes. The signature of Mercedes in the SPA was forged and,
a) When a person mortgages a real property by pretending to be through this forged SPA and without the consent and knowledge of
the owner thereof. Mercedes, William succeeded in selling the two (2) parcels for Php
2,000,000. He pocketed the proceeds of the sale.
b) When a person disposes of the real property knowing it to be
encumbered. Mercedes eventually discovered William's misdeeds and filed a
criminal complaint. William was subsequently charged with estafa
c) When a person wrongfully takes real property from its lawful through falsification of public document.
possessor to the prejudice of the latter.
Was the criminal charge proper? (7%)
d) When a person mortgages real property while being a surety
given in a civil action without express authority from the court. ANSWER:
What crime is committed by a utility worker in government who Yes, the criminal charge of estafa through falsification of public
destroys office files as an act of revenge against his supervisor? document is proper. William forged the signature of his mother in law in
the Special Power of Attorney, a public document, as a necessary
a) The utility worker commits infidelity in the custody of papers. means to sell her properties without remitting the proceeds thereof,
thereby committing estafa. Although the relationship of affinity created
b) The utility worker commits malicious mischief. between Wiliam and his mother in law survived the death of his wife
Anita, the absolutory cause under Article 332(1), RPC does not apply
c) The utility worker commits estafa by removing, concealing or to him. Said absolutory cause is strictly limited to the simple cases of
destroying office files. theft, estafa/swindling, and malicious mischief. It does not apply where
any of these crimes is complexed with another crime. (Intestate Estate
d) The utility worker commits crime involving destruction.
of Manolita Gonzales vda. De Carungcong vs. People, GR 181409,
What are the elements of the crime of bigamy? (5%) February 11, 2010)
xxxxxxxx
Frank borrowed Pl,000,000 from his brother Eric. To pay the loan, Carnapping.
Frank issued a post-dated check to be presented for payment a month
after the transaction. Two days before maturity, Frank called Eric telling Estafa and carnapping.
him he had insufficient funds and requested that the deposit of the
check be deferred. Nevertheless, Eric deposited the check and it was A violation of BP Blg. 22.
dishonored. When Frank failed to pay despite demand, Eric filed a
Estafa and a violation of BP Blg. 22.
complaint against him for violation of Batas Pambansa Big. 22 (The
Bouncing Checks Law). None of the above.
Was the charge brought against Frank correct? (7%) xxxxxxxx
ANSWER: In his Answer to a complaint, Atty. Jose (counsel for the defendant)
stated that Atty. Agrada (counsel for the plaintiff) is "bobo, inutile, good
Yes, the charge is correct. Violation of Batas Pambansa Big. 22, The
for nothing, stupid, and a menace to clients."
Bouncing Checks Law, is malum prohibitum which is committed by
mere issuance of a check without sufficient funds. Good faith is not a Can Atty. Jose be held criminally liable for libel? (1%)
defense. As long as the check was issued on account or for value, the
purpose for which the check was issued, the terms and conditions No, because an Answer to a complaint is a court pleading where
relating to the issuance are irrelevant to the prosecution of the communications made are privileged; the writer cannot be held liable
offender. Hence, the request of Frank to defer the deposit of the check for libel.
as it has insufficient funds will not militate against the prosecution for
violation of BP 22. Yes, because the statement casts aspersion on the character, integrity
and reputation of Atty. Agrada as a lawyer and exposed him to public
xxxxxxxx ridicule.
Anthony drew a promissory note and asked his terminally-ill and dying Yes, although a court pleading is a privileged communication,
business partner Ben to sign it. The promissory note bound Ben to pay malicious statements that are irrelevant and impertinent to the issue in
Anthony One Million Pesos (P1,000,000) plus 12% interest, on or the pleading may be libelous.
before June 30, 2011.
Yes, there was a malicious intent to ridicule Atty. Agrada as a lawyer.
If Ben died before the promissory note's due date and Anthony still
collected P1,000,000 with interest from Ben's estate, what crime/s did No, because the statement is in a pleading, but Atty. Jose can be
charged administratively for misconduct before the Supreme Court.
Anthony commit? (1%)
xxxxxxxx
Falsification of a public document.
From an extension line, Ricardo overheard a telephone conversation
Falsification of a private document and estafa. between Julito and Atty. Hipolito. The latter (Atty. Hipolito) was asking
money from Julito in exchange for dropping the extortion charge filed
Estafa. against Julito. Ricardo was charged of violating the Anti-Wire Tapping
Act or R.A. 4200.
Estafa thru falsification of a private document. None of the above.
Under these facts, was there a violation as charged? (1%)
xxxxxxxx
Yes, because the conversation was private in nature.
After drinking a bottle of Jack Daniels, Jonjon drove his BMW sports
car at high speed, rammed into a group of crossing pedestrians, and Yes, because the conversation was overheard without the consent of
hit a traffic light post. The incident caused the death of one (1) the parties, Julito and Atty. Hipolito.
pedestrian, serious injuries to three (3) others, and the destruction of
the traffic light post. No, because what is punishable is intentional listening to a
conversation through a wire.
If you were the prosecutor, what would you charge Jonjon? (1%)
No, because a telephone extension line is not the device or
Homicide with serious physical injuries through simple negligence. arrangement contemplated by the law and the use of an extension line
cannot be considered as wire tapping.
Damage to property, serious physical injuries and homicide through
reckless negligence. None of the above.
Simple negligence resulting in damage to property, serious physical
2014 BAR QUESTION
injuries and homicide.
Malo, a clerk of court of a trial court, promised the accused in a drug
Reckless imprudence resulting in homicide, serious physical injuries
case pending before the court, that he would convince the judge to
and damage to property.
acquit him for a consideration of P5 million. The accused agreed and
xxxxxxxx delivered the money, through his lawyer, to the clerk of court.
OnJune1,2011,Efrenboughtausedtop-of-the-lineMercedes Benz for The judge, not knowing of the deal, proceeded to rule on the evidence
P7.5 Million from Switik Trading. On the same day, he paid P2,500,000 and convicted the accused.
in cash and issued Switik Trading a check for P5,000,000 dated July
Malo was charged with estafa under Article 315 because he
31, 2011. He then brought the car to a friend's house and hid it in an
misrepresented that he had influence, when he actually had none. Is
underground garage. The check Efren issued was dishonored for
the charge correct?
insufficiency of funds when presented for payment on due date. Efren
was asked to honor and pay the check or to return the car, but he Suggested Answer No. 1
refused.
No the charge of estafa under 315 of the RPC against Malo is not
What crime/s did Efren commit? (1%) correct.
Here, there was no misrepresentation made by Malo of having any Upon receiving the amount, Mr. Gray was arrested by agents of the
power or influence. Malo merely promised that he will convince the National Bureau of Investigation (NBI).
judge to render a decision of acquittal.
Mr. Gray was convicted of estafa and attempted estafa, both through
Suggested Answer No.2 the use of commercial documents.
Yes, the charge of Estafa under Art. 315 of the Revised Penal Code Mr. Gray claims as defense that, except for Mr. White’s claim of
(RPC) is correct. forgery, there was no evidence showing that he was the author of the
forgery and Mr. White did not suffer any injuries as to the second check
Estafa under Art. 315 of the RPC is committed by any person who (attempted estafa). Rule on the defense of Mr. Gray.
defrauds another by falsely pretending that he possesses power or
influence. Answer:
Hence, the charge of Estafa under Art. 315 of the RPC is correct since The contention of Mr. Gray is without merit.
Malo defrauded the accused by falsely pretending that he possessed
the power to influence the decision of the judge. It is a settled rule that even if there is no direct proof of forgery, the
legal presumption that “the possessor or user of a forged document is
xxxxxxxx the author of the forgery” applies.
Mr. Benjie is the owner of a hardware store specializing in the sale of Mr. Gray is also liable for attempted estafa. In a case decided by the
plumbing materials. On February 1, 2014, Mr. Ed, a friend and regular Supreme Court, it was held that “although one of the essential
customer of Mr. Benjie, visited the hardware store and purchased elements of estafa is damage or prejudice to the offended party, in the
several plumbing materials in the total amount of P5 million. Mr. Benjie absence of proof thereof, the offender would still be guilty of attempted
readily accepted Mr. Ed’s payment of three (3) postdated checks in the estafa.
amount of P1 million Pesos each in view of the assurance of Mr. Ed
that the checks will be honored upon presentment for payment. Mr. Mr. Gray commenced the commission of the crime of estafa but he
Benjie, as a consequence, immediately delivered the materials to the failed to perform all the acts of execution which would produce the
house of Mr. Ed. The following day, Mr. Ed went back to Mr. Benjie to crime not by reason of his spontaneous desistance but because of his
tender another two (2) postdated checks in the amount of P1 million apprehension by the authorities before he could have obtained the
each to complete the payment, with the same assurance that the amount and thereby causes damage or prejudice to the offended party.
checks will be honored upon presentment for payment. When the
checks were presented for payment, all were dishonored for 2014 CRIMINAL LAW QUESTIONS
insufficiency of funds and corresponding notices of dishonor were sent
Madam X, a bank teller, received from depositor Madam Y a check
and received by Mr. Ed. One month after receipt of the notices of
payable to cash in the amount of P1 million, to be deposited to the
dishonor, Mr. Ed failed to make good the checks. Thereafter, Mr. Benjie account of Madam Y. Because the check was not a crossed check,
filed before the public prosecutor’s office a complaint against Mr. Ed, Madam X credited the amount to the account of her good friend,
although no demand letter was earlier sent to Mr. Ed. Madam W, by accomplishing a deposit slip. Seven (7) days after,
Madam X contacted her good friend, Madam W and told her that the
During the preliminary investigation, Mr. Benjie accepted several amount of P1 million was wrongfully credited to Madam W, thus,
amounts from Mr. Ed’s partial payments. The wife of Mr. Benjie Madam X urged Madam W to withdraw the amount of P1 million from
protested and insisted that the complaint should continue despite the her account and to turn over the same to Madam X. As a dutiful friend,
partial payments. On the other hand, Mr. Ed counters that no demand Madam W readily acceded. She was gifted by Madam X with an
letter was earlier sent to him, that the obligation is merely civil in expensive Hermes bag after the withdrawal of the amount. What
character and that novation took place when Mr. Benjie accepted the crime/s, if any, did Madam X and Madam W commit? Explain. (5%)
partial payments. Discuss the criminal liability, if any, of Mr. Ed. (6%)
Madam X did commit the crime of Estafa, while Madam W did not
Answer: commit any crime.
Mr. Ed is criminally liable for Estafa under BP No. 22. Under the Revised Penal Code, any person who defrauds another by
misappropriating or converting money received in trust is guilty of the
Well-settled is the rule that Estafa under BP No. 22 is committed when crime of Estafa. On the other hand, Fencing is committed by any
the accused issues a check without sufficient funds and he fails to person who, with intent to gain, buys, sells, receives of possesses any
deposit the amount in the check within five days after receipt of the item which he knows or should have known to have been derived
notice of dishonor of the check by the bank. Moreover, novation is not from robbery or theft.
among the modes of extinguishing criminal liability for violation of BP
No. 22. Here, Madam X defrauded Madam Y when Madam X misappropriated
or converted the money she received in trust from Madam Y. Hence,
Hence, the mere issuance by Mr. Ed of checks without sufficient funds Madam X did commit the crime of Estafa. On the other hand, Madam
his failure to deposit with the bank the amount in the checks within five W did not commit the crime of Fencing since neither did she have the
days after receipt of the notice of dishonor makes him criminally liable intent to gain nor was the bag derived from robbery or theft.
for Estafa under BP 22. Neither is novation nor absence of demand
letter a defense against criminal liability under BP 22 insofar as the xxxxxxxx
notice of dishonor serves as demand for payment.
A was caught peeping through a small hole in the bathroom door while
a young 16-year-old lady was taking a bath. A is liable for: (1%)
xxxxxxxx
Mr. Gray opened a savings account with Bank A with an initial deposit (A) Violation of R.A. 9262 or Violence Against Women and their
Children
of P50,000.00. A few days later, he deposited a check for P200,000.00
drawn from Bank B and endorsed by Mr. White. Ten days later, Mr.
(B) Violation of R.A. 7610 – Child Abuse Law
Gray withdrew the P200,000.00 from his account. Mr. White later
complained to Bank B when the amount of P200,000.00 was later (C) Light coercion
debited to his account, as he did not issue the check and his signature
thereon was forged. Mr. Gray subsequently deposited another check (D) Acts of lasciviousness
signed by Mr. Whitefor P200,000.00, which amount he later withdrew.
xxxxxxxx
Pretty was a campus beauty queen who, because of her looks and Well-settled is the rule that Estafa under BP No. 22 is committed when
charms, attracted many suitors. Having decided that she would the accused issues a check without sufficient funds and he fails to
become a nun, Pretty turned down all her suitors. Guapo, one of her deposit the amount in the check within five days after receipt of the
most persistent suitors, could not handle rejection and one night, notice of dishonor of the check by the bank. Moreover, novation is not
decided to accost Pretty as she walked home. Together with Pogi, among the modes of extinguishing criminal liability for violation of BP
Guapo forced Pretty into his car and drove her to an abandoned No. 22.
warehouse where he and Pogi forced Pretty to dance for them. Later,
the two took turns in raping her. After satisfying their lusts, Guapo and Hence, the mere issuance by Mr. Ed of checks without sufficient funds
Pogi dropped her off at her house. (4%) his failure to deposit with the bank the amount in the checks within five
days after receipt of the notice of dishonor makes him criminally liable
(A) What crime or crimes did Guapo and Pogi commit? for Estafa under BP 22. Neither is novation nor absence of demand
letter a defense against criminal liability under BP 22 insofar as the
Guapo and Pogi committed Forcible Abduction with Rape, and Unjust notice of dishonor serves as demand for payment.
Vexation.
xxxxxxxx
Under the Revised Penal Code, the complex crime of Forcible
Abduction with Rape is committed when a man, with lewd design, Pierce is a French diplomat stationed in the Philippines. While on
deprives a woman of her liberty and eventually has carnal knowledge EDSA and driving with an expired license, he hit a pedestrian who was
with her through force or intimidation. On the other hand, Unjust crossing illegally. The pedestrian died. Pierce was charged with
Vexation is any act committed without violence but which unjustifiably reckless imprudence resulting in homicide. In his defense, he claimed
annoys or vexes another person. diplomatic immunity. Is Pierce correct? (3%)
Here, Guapo and Pogi, with lewd designs, deprived Pretty of her No, Pierce is not correct.
liberty, forced her to dance, and eventually had carnal knowledge with
her without her consent. Hence, Guapo and Pogi committed the It is a fundamental doctrine in Criminal Law, and applying the Vienna
complex crime of Forcible Abduction with Rape, as well as Unjust Convention on Diplomatic Relations, that diplomatic immunity applies
Vexation. only to acts performed by officials or their agents in connection with
their official diplomatic functions.
(B) Malo was charged with estafa under Article 315 because he Here, Pierce’s culpable act that constituted the crime of Reckless
misrepresented that he had influence, when he actually had none. Is Imprudence Resulting in Homicide had no connection to his official
the charge correct? diplomatic functions. Hence, Pierce’s defense of diplomatic immunity is
not correct.
Yes, the charge of Estafa under Art. 315 of the Revised Penal Code
(RPC) is correct. xxxxxxxx
Estafa under Art. 315 of the RPC is committed by any person who Mr. Gray opened a savings account with Bank A with an initial deposit
defrauds another by falsely pretending that he possesses power or of P50,000.00. A few days later, he deposited a check for P200,000.00
influence. drawn from Bank B and endorsed by Mr. White. Ten days later, Mr.
Gray withdrew the P200,000.00 from his account. Mr. White later
Hence, the charge of Estafa under Art. 315 of the RPC is correct since complained to Bank B when the amount of P200,000.00 was later
Malo defrauded the accused by falsely pretending that he possessed debited to his account, as he did not issue the check and his signature
the power to influence the decision of the judge. thereon was forged. Mr. Gray subsequently deposited another check
signed by Mr. White for P200,000.00, which amount he later withdrew.
xxxxxxxx Upon receiving the amount, Mr. Gray was arrested by agents of the
National Bureau of Investigation (NBI).
Mr. Benjie is the owner of a hardware store specializing in the sale of
plumbing materials. On February 1, 2014, Mr. Ed, a friend and regular Mr. Gray was convicted of estafa and attempted estafa, both through
customer of Mr. Benjie, visited the hardware store and purchased the use of commercial documents. (4%)
several plumbing materials in the total amount of P5 million. Mr. Benjie
readily accepted Mr. Ed’s payment of three (3) postdated checks in the (A) Mr. Gray claims as defense that, except for Mr. White’s claim of
amount of P1 million Pesos each in view of the assurance of Mr. Ed forgery, there was no evidence showing that he was the author of the
that the checks will be honored upon presentment for payment. Mr. forgery and Mr. White did not suffer any injuries as to the second check
Benjie, as a consequence, immediately delivered the materials to the (attempted estafa). Rule on the defense of Mr. Gray.
house of Mr. Ed.
The defense is without merit.
The following day, Mr. Ed went back to Mr. Benjie to tender another
two (2) postdated checks in the amount of P1 million each to complete Settled is the rule in Estafa cases that the disturbance of property
the payment, with the same assurance that the checks will be honored right is equivalent to damage and is in itself sufficient to constitute
upon presentment for payment. When the checks were presented for injury within the meaning of Art. 315 of the Revised Penal Code.
payment, all were dishonored for insufficiency of funds and
corresponding notices of dishonor were sent and received by Mr. Ed. Here, Mr. White suffered injury when his signature was forged and his
One month after receipt of the notices of dishonor, Mr. Ed failed to money parted from him on account of the forgery that is attributable to
make good the checks. Thereafter, Mr. Benjie filed before the public the bearer of the check, Mr. Gray. Hence, Mr. Gray’s defense must fail.
prosecutor’s office a complaint against Mr. Ed, although no demand
letter was earlier sent to Mr. Ed.
xxxxxxxx
During the preliminary investigation, Mr. Benjie accepted several
amounts from Mr. Ed as partial payments. The wife of Mr. Benjie A was bitten by a dog owned by a neighbor. The following day, angered
protested and insisted that the complaint should continue despite the by the incident, A took the dog without the knowledge of the owner, had
partial payments. On the other hand, Mr. Ed counters that no demand it butchered and cooked the meat. He then invited his friends to
letter was earlier sent to him, that the obligation is merely civil in partake of the dish with his friends who knew fully well that the dog
character and that novation took place when Mr. Benjie accepted the was taken without the knowledge of the owner. What are the friends of
partial payments. Discuss the criminal liability, if any, of Mr. Ed. (6%) A liable for? (1%)
Mr. Ed is criminally liable for Estafa under BP No. 22. (A) Theft
(b) If the check is presented for payment after four (4) months, but
before it becomes stale, can the two actions still proceed? (2.5%)
xxxxxxxx
Rafa caught his wife, Rachel, in the act of having sexual intercourse
with Rocco in the maid's room of their own house. Rafa shot both
lovers in the chest, but they survived. Rafa charged Rachel and Rocco
with adultery, while Rachel and Rocco charged Rafa with frustrated
parricide and frustrated homicide.
In the adultery case, Rachel and Rocco raised the defense that Rafa
and Rachel, prior to the incident in question, executed a notarized
document whereby they agreed to live separately and allowed each of
them to get a new partner and live with anyone of their choice as
husband and wife. This document was executed after Rachel
discovered that Rafa was cohabiting with another woman. Thus, they
also raised the defense of in pari delicto. In the frustrated parricide and
frustrated homicide cases, Rafa raised the defense that, having caught
them in flagrante delicto, he has no criminal liability.
(b) Will the actions for frustrated parricide and frustrated homicide
prosper? (2.5%)
xxxxxxxx
Orphaned when still an infant, Rocky lived under the care of his
grandmother Rosario. Now 18, Rocky entered Rosario's bedroom who
was then outside doing her daily marketing. He ransacked the
bedroom and took Rosario's money and valuables amounting to
PhP100,000.
When Rosario came home, she found her room in disarray, and her
money and valuables gone. She confronted Rocky, who confessed to
taking the money and valuables in order to pay his debts.