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He was sentenced to four months and one day to six months of arresto mayor. PO1 A moved for reconsideration, asking the court to apply the Indeterminate Sentence Law (ISL) in his favor. He argued that under the ISL, the minimum sentence should be one degree lower or within the range one day to 30 days of arresto menor. Is he correct? Reason(s).  \n2.  \nX surreptitiously hauled detergent cases from ABC Supermarket to its open parking area where Y waited. X returned inside, came out with more detergent cases, and unloaded them in the same spot. Thereafter, X and Y hailed a taxi and loaded the detergent cases into the vehicle. The security guard who had been observing their peculiar behavior stopped the taxi and asked X and Y for a receipt for the merchandise. However, X and Y alighted the taxi and ran away. But before they could leave the premises of ABC Supermarket, they got arrested. Taking into consideration that X and Y did not have the opportunity to dispose of the goods, the prosecution charged them only with frustrated theft. Is the charge correct? Reason(s).  \n3.  \nX, Y, and Z broke into the house of a rich man, A. Armed with guns, they succeeded in taking the valuables of A who was sound asleep. As they were running towards the exit gate of the subdivision, police officers stopped them. A shootout occurred. As a result, X was shot by one of the police officers and died. What crime was committed by Y and Z? Reason(s).  \n4.  \nA owned XYZ Prix Auto, a car repair shop in Davao City. He employed some of his relatives, including B, his cousin, as a mechanic. Unfortunately, B stole some of the company's properties. When A learned of the theft, he filed a complaint for qualified theft against B. In his counter-affidavit, B invoked his alleged exemption from criminal liability due to his relationship with A. Is B exempt from criminal liability? Decide with reason(s).  \n5.  \nAround 9:30 p.m., brothers X and Y were having a drinking spree in a videoke bar. Since X and Y were rowdy, Police Officer II (PO2) A approached, introduced himself as a police officer, and asked them to refrain from shouting. X then boxed PO2 A, causing him to fall on the ground. Before PO2 A could even stand up, X and Y positioned themselves to attack PO2 A, prompting PO2 A to shoot both of them with his service firearm. As a result, X and Y got seriously injured but were able to survive due to timely medical intervention. X and Y later on initiated a case for frustrated homicide against PO2 A, who, in turn, invoked self-defense. The prosecution asserted that the means employed by PO2 A in defending himself was  \nunreasonable since X and Y were unarmed when PO2 A shot them. Is the prosecution correct? Reason(s).  \n6.  \nX courted A but the latter turned him down. One night, X waylaid A and succeeded in having forced sexual intercourse with her. Although she was extremely traumatized, A did not report to the police but confided the incident to her best friend, B. It was B who later on filed a complaint-affidavit against X for rape. X sought to dismiss the complaint, alleging that since it was initiated not by the victim herself, the same was invalid. Is X correct? Reason(s).  \n7.  \nCharged with plunder, X invoked good faith claiming that he was a mere signatory to the transactions that led to the misappropriation of public funds amounting to PHP 60 million. The prosecution countered that since plunder is defined and punished under a special law, Republic Act No. 7080, it is malum prohibitum. Hence, good faith is not a defense. Is the prosecution correct? Reason(s).  \n8.  \nA, a 25-year-old male, was charged with 44 counts of rape allegedly committed against X, a 22-yea","cbCaiahkgN1o5UGs","https://ap.wps.com/l/cbCaiahkgN1o5UGs","pdf",261563,11,"English","en",105,"# Police Officer I (PO1) A - Indeterminate Sentence Law (ISL)\n# X and Y - Frustrated Theft vs. Opportunity to Dispose\n# Y and Z - Crime after Shootout in Robbery\n# B - Qualified Theft and Exemption Due to Relationship\n# PO2 A - Self-Defense and Unreasonable Means\n# X - Rape Complaint Filed by Best Friend\n# Plunder - Good Faith vs. Malum Prohibitum\n# A - Rape Counts Involving Deaf-Mute Victim\n# Conspiracy - Robbery After Worrisome Scheme Report\n# A - Second Application for Community Service","[{\"question\":\"When should the Indeterminate Sentence Law be applied in cases of arbitrary detention?\",\"answer\":\"A’s motion argues for ISL application and a lower minimum within specific ranges. The question requires assessing whether the statutory requirements for ISL are met for the sentence imposed.\"},{\"question\":\"If the accused is arrested before disposing the stolen goods, is the proper charge frustrated theft?\",\"answer\":\"The prosecution charged only frustrated theft because X and Y allegedly lacked the opportunity to dispose of the goods. The issue turns on whether the elements and stages of theft were satisfied under the given facts.\"},{\"question\":\"Is self-defense valid for PO2 A when X and Y were unarmed at the moment of shooting?\",\"answer\":\"The prosecution contends the means used was unreasonable because X and Y were allegedly unarmed. The answer depends on the legality of the perceived unlawful aggression and whether the force used was necessary and proportional.\"}]","2025 BAR EXAMINATIONS - Criminal Law - September 14, 2025 | PDF",1789949590,15,{"code":4,"msg":82,"data":83},"ok",{"site_id":75,"language":74,"slug":84,"title":65,"keywords":85,"description":66,"schema_data":86,"social_meta":140,"head_meta":142,"extra_data":144,"updated_unix":145},"2025-bar-examinations-criminal-law-september-14-2025","",{"@graph":87,"@context":139},[88,102,122],{"@type":89,"itemListElement":90},"BreadcrumbList",[91,95,97,100],{"item":92,"name":93,"@type":94,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":96,"name":9,"@type":94,"position":14},"https://docshare.wps.com/document/",{"item":98,"name":20,"@type":94,"position":99},"https://docshare.wps.com/document/exam/",3,{"item":101,"name":65,"@type":94,"position":19},"https://docshare.wps.com/document/2025-bar-examinations-criminal-law-september-14-2025/320286/",{"url":101,"name":65,"@type":103,"image":104,"author":109,"headline":65,"publisher":111,"fileFormat":114,"inLanguage":74,"description":66,"dateModified":115,"datePublished":116,"encodingFormat":114,"isAccessibleForFree":117,"interactionStatistic":118},"DigitalDocument",{"url":105,"@type":106,"width":107,"height":108},"https://docshare.wps.com/thumbnails/2025-bar-examinations-criminal-law-september-14-2025/320286.png","ImageObject",300,407,{"name":63,"@type":110},"Person",{"url":92,"name":112,"@type":113},"DocShare","Organization","application/pdf","2026-11-04","2026-09-21",true,{"@type":119,"interactionType":120,"userInteractionCount":72},"InteractionCounter",{"@type":121},"ViewAction",{"@type":123,"mainEntity":124},"FAQPage",[125,131,135],{"name":126,"@type":127,"acceptedAnswer":128},"When should the Indeterminate Sentence Law be applied in cases of arbitrary detention?","Question",{"text":129,"@type":130},"A’s motion argues for ISL application and a lower minimum within specific ranges. The question requires assessing whether the statutory requirements for ISL are met for the sentence imposed.","Answer",{"name":132,"@type":127,"acceptedAnswer":133},"If the accused is arrested before disposing the stolen goods, is the proper charge frustrated theft?",{"text":134,"@type":130},"The prosecution charged only frustrated theft because X and Y allegedly lacked the opportunity to dispose of the goods. The issue turns on whether the elements and stages of theft were satisfied under the given facts.",{"name":136,"@type":127,"acceptedAnswer":137},"Is self-defense valid for PO2 A when X and Y were unarmed at the moment of shooting?",{"text":138,"@type":130},"The prosecution contends the means used was unreasonable because X and Y were allegedly unarmed. The answer depends on the legality of the perceived unlawful aggression and whether the force used was necessary and proportional.","https://schema.org",{"og:url":101,"og:type":141,"og:title":65,"og:site_name":112,"og:description":66},"article",{"robots":143,"canonical":101},"index,follow",{"doc_id":61,"site_id":75},1790625271]