Criminal Law Summary Reviewer for Bar 2024

Criminal Law Summary Reviewer for Bar 2024

1. Key Points from Criminal Law Mock Bar Exam A Summary of Criminal Law Concepts and Case Applications Presented by: [Your Name]

2. Definition of "Band" • A 'band' commits a crime when more than three armed malefactors act together. • Example: Brando, Jimmy, Peter, and Joseph killed Warren using baseball bats. • Conclusion: The crime was aggravated by a band.

3. Attempted Homicide or Murder • Elements of attempted homicide/murder: - Commencement of a felony by overt acts. - Acts not completed due to a cause other than spontaneous desistance. • Case: Rodrigo's gun jammed when attempting to kill Reyno. • Conclusion: Rodrigo is liable for attempted homicide/murder.

4. Qualified Trespass to Dwelling • Definition: Unlawful entry into another's dwelling. • Example: Tonton and Damian broke into Teban's house. • Conclusion: The crime of qualified trespass to dwelling was committed.

5. Murder Qualified by Treachery • Elements of treachery: - No means to defend oneself. - Execution deliberately adopted. • Case: AA cornered and shot VV, who was defenseless. • Conclusion: AA is liable for murder qualified by treachery.

6. Execution of Judgment • Enforcement of judgment by motion within five years. • Independent action allowed after five years but within the statute of limitations. • Case: Motion filed 21 years after judgment. • Conclusion: Motion denied; independent action required within 10 years.

7. Prescription of Crimes • Light offenses have a 60-day prescriptive period. • Case: Offense committed on December 6, 2023; prescriptive period ends on February 4, 2024. • Conclusion: Filing on February 5, 2024, is timely due to holiday rule.

8. Estafa (Fraud) • Definition: Defrauding another by abuse or unfaithfulness. • Example: Trish pawned Tina's ring without consent. • Conclusion: Trish is liable for estafa.

9. Theft and Civil Liability • Elements of theft: Taking personal property without consent and intent to gain. • Example: Patty withdrew money using Juana's ATM card without consent. • Conclusion: Patty is criminally and civilly liable.

10. Issuance of Bouncing Checks • Elements of BP 22 violation: - Issuing a check without sufficient funds. - Check dishonored upon presentation. • Case: Naty issued checks that were dishonored. • Conclusion: Naty is liable for BP 22 violation.

11. Petition for Certiorari • Filing under Rule 65 for grave abuse of discretion. • Recommendation: Ivana and Boris to file a petition within 60 days.

12. Perjury • Elements: False statement under oath. • Case: Ganda lied in a verified court statement. • Conclusion: Ganda may be liable for perjury.

13. Conclusion • Review of key points: - Definition and implications of a band in crimes. - Elements and case examples of attempted homicide/murder, qualified trespass, treachery, estafa, theft, BP 22 violation, and perjury. • Final Thought: Understanding these key concepts is crucial for interpreting and applying criminal law effectively.