Criminal Liability; Accessories (Criminal Liability)

2013 Bar Exam Question and Suggested Answer on Criminal Liability, Accessories (Criminal Law)

QUESTION:

No. III. Modesto and Abelardo are brothers. Sometime in August, 1998 while Abelardo was in his office, Modesto, together with two other men in police uniform, came with two heavy bags. Modesto asked Abelardo to keep the two bags in his vault until he comes back to get them. When Abelardo later examined the two bags, he saw bundles of money that, in his rough count, could not be less than P5 Million. He kept the money inside the vault and soon he heard the news that a gang that included Modesto had been engaged in bank robberies. Abelardo, unsure of what to do under the circumstances, kept quiet about the two bags in his vault. Soon after, the police captured, and secured a confession from, Modesto who admitted that their loot had been deposited with Abelardo.

What is Abelardo's liability? (7%)

SUGGESTED ANSWER:

Abelardo is not criminally liable.

To be criminally liable as an accessory under Article 19 of the Code, such person must have knowledge of the commission of the crime. The term “knowledge “ under the law is not synonymous with suspicion. Mere suspicion that the crime has been committed is not sufficient.

Moreover, the facts as given in the problem would show lack or absent of intent to conceal the effects of the crime as Abelardo is described as being “unsure of what to do under the circumstances.”

Even if he can be considered as an accessory under paragraph 2 of Article 19, RPC, Abelardo is not liable, being the brother of Modesto under Article 20, RPC.


Source:
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)

Exempting Circumstances; Accessories; Ascendants (Criminal Law)

2010 Bar Exam Question and Suggested Answer on Exempting Circumstances, Accessories, and Ascendants (Criminal Law)

QUESTION:

No. XXII. Immediately after murdering Bob,  Jake went to his mother to seek refuge. His mother told him to hide in the maid’s quarters until she finds a better place for him to hide. After two days, Jake transferred to his aunt’s house. A week later, Jake was apprehended by the police.

Can Jake’s mother and aunt be made criminally liable as accessories to the crime of murder? Explain. (3 %)

SUGGESTED ANSWER:

Obviously, Jake's mother was aware of her son's having committed a felony, such that her act of harboring and concealing him renders her liable as an accessory. But being an ascendant to Jake, she is exempt from criminal liability by express provision of Article 20 of the Revised Penal Code.

On the other hand, the criminal liability of Jake's aunt depends on her knowledge
of his commission of the felony, her act of harboring and concealing Jake would render her criminally liable as accessory to the crime of murder; otherwise without knowledge of Jake's commission of the felony, she would not be liable.



Source: 
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)