My suggested answers to the 20_21 bar examination questions in Criminal Law
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- Опубліковано 28 лип 2024
- 00:00
00:49 Question no. 1
03:24 Question no. 2
06:08 Question no. 3
07:42 Question no. 4
10:20 Question no. 5
12:17 Question no. 6
14:04 Question no. 7
15:50 Question no. 8
17:39 Question no. 9
18:52 Question no. 10
21:18 Question no. 11
23:27 Question no. 12
24:26 Question no. 13
25:24 Question no. 14
27:03 Question no. 15
#bestbarever2020_21
AMENDMENT TO MY ANSWER IN QUESTION NO. 13
The 2nd paragraph of my answer should have been stated this way:
"And since his death occurred before final judgment, his civil liability BASED SOLELY ON THE OFFENSE (DELICT) shall likewise be extinguished."
In relation to my pre-amended answer, an examinee was kind enough to privately message me on Facebook and ask the following question:
"Hello Fiscal, I subscribed to your youtube channel and I came across your suggested answers to the 2022 Bar exams in Criminal Law which I also took part with.
As to the question, Re: effect of death of the accused pending appeal
My answer was: No, it will not be dismissed.
While death of the accused pending appeal extinguishes his or her criminal liability as well as the civil liability based solely thereon, however, the civil liability based on other sources of obligations such as law, contracts, quasi contracts and quasi delicts subsist.
(My answer was in reference to the case of Bernardo vs People Re: Effect of Death of the accused pending appeal in BP 22 cases)
Will it be given credit?
Thank you."
I messaged him back and responded in this wise:
"Hi. Good morning. Thank you for subscribing. By the way, as to ur query, my response is this:
I am aware of the Bernardo case. However, that case applies only to BP 22 cases where the death of an accused pending appeal does not erase his civil liability and may still be enforced in the same case despite his/her death. The reason is that the accused's civil liability also arises from contract.
The bar question, however, in my analysis, does not pertain to a BP 22 case because it used the phrase "a prisoner who has been convicted." If i remember right, as early as 2001, the SC had already ruled that only a penalty of fine and not imprisonment should be imposed for convictions under BP 22.
Hence, the pending appeal should still be dismissed both as to his criminal liability and civil liability based solely on the offense (meaning, civil liability arising from delict).
Of course, the dead prisoner's civil liability arising from other sources of obligation subsists but a separate civil action against the estate of the deceased must be instituted in that regard."
Sir So it means that you need to memorize all the article so that you can properly sight the law?
@@johnryanlumayag6509 Hindi naman po. First you need to understand the article. Pag na understand mo na yung article madali mo nang imemorize. But hindi po kelangan imemorize. U can explain it in your own words.
Good day Fiscal! For a couple of weeks after this year's bar exams, I felt a bit down knowing that I left points on the table (i.e. changing answers to some questions esp. in Criminal Law, when it turned out those were the correct ones) and those points might have been the difference between me making it or not.
However, as the weeks got on, I decided to go over my answers and compare them with the suggested answers from experts of the law to see if I still have a chance of passing regardless of the wasted opportunities for points as I wanted set my mind at ease or accept my fate if I did not pass.
I came across this video in my search for suggested answers to bar questions. After watching it, I felt real confident about passing Criminal Law as the gist of most of my answers were more or less in consonance with those of your suggested answers.
Turns out my confidence was not misplaced as I obtained comfortable passing ratings in Criminal Law and the Bar itself. Coming across your suggested answers gave me a boost of confidence in the days and weeks leading up to the announcement of the results. So much so that in the back of mind, passing the bar was already a given and rarely did I fret or worry that the results might say differently. For that Sir, I am most grateful. :-)
So nice to hear that, pañero! I'm glad i was able to lessen a bit of your anxiety while waiting for the result. Congratulations!
Thank you MR. PROSECUTOR, for the very concise answers to those questions. I am an incoming freshman law student this coming August 2023, and this helps me a lot to learn the styles in answering BAR questions. This provides me the fuel to really memorize the provision.
Thank you very much Fiscal EJ....a very concise and informative suggested answers...I loved it
Thanks very much for this work, the legislations cited may not be applicable to my jurisdiction but the general knowledge on each principle of law explained is awesome.
Thanks, Fiscal EJ. God bless you.
Thank you Fiscal EJ for your suggested answers. GOD bless and more power! 🤗🤗🤗
You're welcome
The answers of Fiscal EJ is the most comprehensive of all other law professors - much thanks for sharing.
Thank you!
Thankyou for your lectures sir! I passed the bar. Thanks to your videos.
You're welcome! 💗🙏
Thank you fiscal. This will be my guide if ever I will take the bar exam. 😊
Welcome
Thank you, Fiscal!
Thank God, I made it!
To GOD BE THE GLORY!
You're welcome, Pañero!
Hi fiscal aspiring lawyer here. I'm listening to your discussions po and it helps a lot. Godbless you po.
You're welcome and thank you, too.
Hello sir, thank you u got 13/15 for this exercise, pre law ako sir pero napasa ko ang exercise na ito in my 1st take, thank you and God Bless.
That's good to know. Keep it up!
Hi Fiscal, thank you for creating this video amd enlightening us.
You're welcome and thank you for visiting.
@@FiscalEJ looking forward to watch all of your videos. Criminal Law has always been my waterloo 😔. Thanks again Fiscal for unselfishly sharing your knowledge to us.
Excellent input fiscal
Thanks!
Kahit na nasa bachelor's ako i find it interesting to watch ur videos. Thanks po sir.
me too
Indeed sir u are scholarly pundit in criminal. Thanks po
Thank you and you're welcome!
Thank you, Fiscal.
You're welcome
Thank you
thank you soooo much!
You're welcome
thank you your honor its good.
Thank you too! 😊
Hello po Fiscal, are you also going to make for the 2022 Barexams in Criminal law?
Thank u po
Thank you, Sir
Welcome
Thank you fiscal!
You're welcome.
hi justice good morning ,im very happy your vlog because soon i poceed to the LLB course and thanks.
@@geronimotatoy2997 salamat 😊
Thanks for this sir ..
Welcome 😊
With regard to question number 14? Is it not that Illegal Gambling is punishable by a special law. Thus, modifying curcumstances i.e mitigating circumstances, among others, are not appreciated?
Not necessarily. The modifying circumstances under the RPC can be given suppletory effect with respect to offenses punished under special laws when the special law concerned uses the nomenclature of penalties in the RPC. PD 1602 uses the system of penalties in the RPC.
Moreover, there is no express prohibition in PD 1602 against the suppletory effect of the RPC.
For reference purposes, please refer to this pronouncement of the SC:
We are not unaware of cases in the past wherein it was held that, in imposing the penalty for offenses under special laws, the rules on mitigating or aggravating circumstances under the Revised Penal Code cannot and should not be applied. A review of such doctrines as applied in said cases, however, reveals that the reason therefor was because the special laws involved provided their own specific penalties for the offenses punished thereunder, and which penalties were not taken from or with reference to those in the Revised Penal Code. Since the penalties then provided by the special laws concerned did not provide for the minimum, medium or maximum periods, it would consequently be impossible to consider the aforestated modifying circumstances whose main function is to determine the period of the penalty in accordance with the rules in Article 64 of the Code.
This is also the rationale for the holding in previous cases that the provisions of the Code on the graduation of penalties by degrees could not be given supplementary application to special laws, since the penalties in the latter were not components of or contemplated in the scale of penalties provided by Article 71 of the former. The suppletory effect of the Revised Penal Code to special laws, as provided in Article 10 of the former, cannot be invoked where there is a legal or physical impossibility of, or a prohibition in the special law against, such supplementary application.
The situation, however, is different where although the offense is defined in and ostensibly punished under a special law, the penalty therefor is actually taken from the Revised Penal Code in its technical nomenclature and, necessarily, with its duration, correlation and legal effects under the system of penalties native to said Code. When, as in this case, the law involved speaks of prision correccional, in its technical sense under the Code, it would consequently be both illogical and absurd to posit otherwise.
X x x x x
While these are special laws, the fact that the penalties for offenses thereunder are those provided for in the Revised Penal code lucidly reveals the statutory intent to give the related provisions on penalties for felonies under the Code the corresponding application to said special laws, in the absence of any express or implicit proscription in these special laws.
(People v. Simon, G.R. No. 93028 July 29, 1994)
Hello sir Fiscal. Ask ko lang po kung etong 15 case questions ang lahat ng questions sa crimal law exam? Meron din po ba ibang questions like multiple choice, enumeration etc.?
Yes, yan lang po. Mga case-problem type questions. Wala pong multiple choice o enumeration.
This kind of exam required attention and diligence by the student...
Another question po. Number 14. Would an answer of mala prohibita be an acceptable reason for not allowing him for the exempting circumstance?
Pwede rin po. But there are exempting circumstances po kasi na applicable kahit na malum prohibitum yung crime, like minority and insanity.
@@FiscalEJ okay po sir. Btw po I passed the recent bar exam po. Thank you for your vid po. In a way very calming po siya to know that some of your answers po e parang ganun na din sa sagot ko po. So thank you po.
@@thislsit8395 Congratulations, Pañero! Welcome to the legal profession. Good luck as you embark on your legal journey. Ingat ka palagi, pañero!
And thank you for visiting. Hope to meet you one of these days.
@@FiscalEJ would be glad sir to meet you in person. Hoping din po sir. Thank you for the warm welcome po sa profession. Godbless po.
@@thislsit8395 Good luck again and always strive to do good in everything you do. God bless!
Salamat po Fiscal EJ
You're welcome!
Sir. Question. In number one po can he also be liable under RA 9262? Since he has a dating or sexual relationship with the woman and engages into sexual activities even without the consent of the woman. And on question number 6 po. Would the father be also liable for the crime under RA 7610 for unlawfully depriving him of his needs due to the refusal to give support? Thank you po.
As to no. 1, the act committed is more on sexual abuse under RA7610 because you have to take into account the age of the victim who was 16yrs old at the time of the incident.
As to no. 6, pwede rin sa RA7610 but RA 9262 is the more appropriate law to be applied because the facts of the problem involve a mother and her child.
@@FiscalEJ but sir are my answers possible even if ganun na nga ung way ng question po?
@@thislsit8395 yes, the fact na pumasa ka sa bar exam shows that your answers were correct or given weight. Congrats again 😊
@@FiscalEJ thank you sir. Looking forward to your future uploads.
@@thislsit8395 thanks pañero
Fiscal ung remedial law naman po salamat
My blog po is for criminal law purposes only. Pero susubukan ko po pag may time. Thank you.
@@FiscalEJ thank u po