2013 (Criminal Law) Bar Exam Questions: Essay Question 2

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II.

While walking alone on her way home from a party, Mildred was seized at gun point by Felipe and taken on board a tricycle to a house some distance away. Felipe was with Julio, Roldan, and Lucio, who drove the tricycle.At the house, Felipe, Julio, and Roldan succeeded in having sexual intercourse with Mildred against her will and under the threat of Felipe’s gun. Lucio was not around when the sexual assaults took place as he left after bringing his colleagues and Mildred to their destination, but he returned everyday to bring food and the news in town about Mildred’s disappearance.For five days, Felipe, Julio and Roldan kept Mildred in the house and took turns in sexually assaulting her. On the 6th day, Mildred managed to escape; she proceeded immediately to the nearest police station and narrated her ordeal.

What crime/s did Felipe, Julio, Roldan, and Lucio commit and what was their degree of participation? (7%)

11 comments

  1. anon and sparkle, tama kayo, the answer is kidnapping and serious illegal detention with rape dahil may case law na daw about it and doon daw yata kinuha yung facts ng question.

    anyways, kidnapping with rape ang sagot ko kasi i deemed it na inabsorb ng kidnapping ang serious illegal detention which was wrong on my part. haha

    1. Yup it could not be forcible abduction absent lewd designs. And Benj I read the case you are referring to at parang hawig nga ang facts ng problem

  2. MY ANSWER: Forcible Abduction with Rape
    THE ANSWER (as per Boado book daw): Forcible Abduction with Rape and then several other counts of rape

    Felipe, Julio, Roldan: Principals
    Lucio: Accomplice

  3. i just answered rape as many counts as committed. from the get go opinion ko kasi intention was to rape, the taking was necessary to commit it and it was unclear as to the intention to deprive her liberty but then again depende talaga sa examiner.

    1. Same here, multiple counts of rape. Degree of participation:
      Felipe, julio, roldan – principal by direct participation
      Lucio – accomplice

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