2013 (Criminal Law) Bar Exam Questions: Essay Question 7

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VII.

Miss Reyes, a lady professor, caught Mariano, one of her students, cheating during an examination. Aside from calling Mariano’s attention, he confiscated his examination booklet and sent him out of the room, causing Mariano extreme embarrassment.

In class the following day, Mariano  approached Miss Reyes and without any warning, slapped her on the face. Mariano would have inflicted grave injuries on Miss Reyes had not Dencio, another student, intervened. Mariano then turned his ire on Dencio and punched him repeatedly, causing him injuries.

What crime or crimes, if any, did Mariano commit? (7%)

16 comments

  1. Tama ka. Direct assault upon a person in authority at direct assault upon an agent of a person in authority. Direct assault at indirect assault ang sagot ko. Badtrip. Haha

    1. Yun kasi natandaan ko, dahil under the amendment to the provision on direct assault isa na lng ang instance of indirect assault and that is kung committed against the person who comes to the aid of the agent of the PIA but if PIA or his agent parehong direct assault.

    2. Pareho tayo ng sagot. Direct assault sa teacher, pero indirect assault sa student. Ang pagkakatanda ko yung Agent of Person in Authority na Direct Assault is sa mga Pulis etc. May case na ba to or actual amendment di ko mahanap. Link please.

      1. May case na ito di ko lang matandaan, a person who comes to the aid of a PIA becomes his agent and it did not say na police officer lang. Ung case na un was an interpretation of the amendment on the provision on direct and indirect assault.

      2. See mo na lng last 2 par. Of art 152 RPC, dun sa last sent ng 2nd to the last par. starting from ” and any person who comes to the aid of PIA, shall be deemed an agent of a PIA” tapos sa last par. included ang teacher as PIA. I relate mo sa 148 sa may ” shall attack etc a PIA or any of his agents. Yung case na sinasabi is the one interpreting 149 which says na iisa na lang ang case of indirect assault that is if the attack is committed against the person who comes to the aid of the Agent of the PIA.

  2. sparkle, hindi ko talaga maalala yung mg sagot ko sa remedial law dahil nahirapan talaga ako sobra.

    i could still remember na sa exam room namin, past 11am na lumabas yung isang taga-UP guy (whom i think is one of UP’s bet for 2103 bar exam) na usually past 10am natatapos sumagot sa mga morning subject. tapos last 15 minues before the bell, mga 12-16 pa yata kaming sumasagot ng remedial law exam. i guess it only meant that remedial law exam was indeed hard. during lunch break, i was eating my lunch along the hallway i overheard some examinees conversing about how hard the remedial law exam was and they were comparing their respective answers na iba-iba talaga!

    anyways, ganun din yung nangyari sa taxation, criminal and commercial law, i overheard them habang nag-uusap sila sa hallway at iba-iba rin ang mga sagot nila.

  3. ang sagot ko dito ay 2 counts of direct assault talaga. 1 for the teacher and another one for the student. pwede ring samahan ng slander by deed for the teacher. bali sa teacher concern slander by deed at saka direct assualt.hehehe

  4. I think di mo pwede isama ang slander by deed since the laying of hands upon the PIA only increases the penalty, see art 148 rpc

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