2013 (Criminal Law) Bar Exam Questions: Essay Question 3

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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%)

12 comments

  1. Upon having knowledge of the commission of bank robberies by a gang that included his brother Modesto and without having participated therein as either principal or accomplice, Abelardo is liable as an accessory for concealing the P5M cash from said robberies to prevent its discovery.

    1. Benj yan din inisip ko, but the problem is art. 20 rpc brothers kasi sila and i dont think he profited or assisted in allowing the offender to profit since hindi lang nya sinabi dahil di nya alam gagawin. But nevertheless those accessories that can not be held liable as such under art 20 does not preclude them from being liable under PD 1829

  2. you’re really good anon.

    anyways, yung ang sagot dahil nawala sa isip ko ang art. 20 ng RPC so i guess may mali na naman ako haha

  3. For me there was nocrime committed. The brother was unsure as to where the money came from thus he kept quiet, knowledge thay his brother is a robber does not necessarily mean na yung pinatago sa iyo were proceeds of a crime plus the robber(brother) was accompanied by 2 police officers so my doubt. He only became sure of the fact that it was the proceeds of a crime when the brother confessed. The facts ended there so sa akin tingin ko wala crime.

      1. Ganon naman purpose natin for sharing our answers mailabas ang sagot natin in the hopes na may mga katulad tayo na sagot. Hehehe kasi kahit paano it lessens the burden na dala ng pagisip na “bakit ako lang may sagot nun, baka mali talaga ako.”

    1. Natuwa ako nong may nakita akong kapareho ng sagot dito. Un din kasi sagot ko parang k not sure. There was no crime committed. Ilang oras na lang!

  4. gnyan rin sagot ko but was so disappointed upon knowing other answer na di mag aaply bro relationship sa robbery, which I think is better than my answer.

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