2013 (Criminal Law) Bar Exam Questions: Essay Question 9

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IX.

Roman and Wendy are neighbors. On Valentine’s Day, without prior notice, Roman visited Wendy at her condo to invite her to dinner, but Wendy turned him down and abruptly left, leaving her condo door unlocked. Roman attempted to follow, but appeared to have second thoughts; he simply went back to Wendy’s condo, let himself in, and waited for her return. On Wendy’s arrival later that evening, Roman grabbed her from behind and, with a knife in hand, forced her to undress. Wendy had no choice but to comply. Roman then tied Wendy’s hands to her bed and sexually assaulted her five (5) times that night.

Roman was charged with, and was convicted of, five (5) counts of rape, but the judge did not impose the penalty of reclusion perpetua for each count. Instead, the judge sentenced Roman to 40 years of imprisonment on the basis of the three-fold rule.

Was the judge correct? (7%)

8 comments

  1. no, the judge was incorrect. it is the jail warden who is tasked with determination of the three fold rule not the judge. he must impose judgement based on what the law actually imposes.

    1. Supplement only, the 3 fold rule does not apply to the imposition of sentence but instead pertains to the service thereof ( see art. 70 RPC, look at the title)

  2. if i were to answer this, i will answer two issues: mainly, WON the imposition of the 3fold rule is correct. secondarily, WON rape on 5 counts were committed.

    is this a good attack? i am to finish law school and currently reviewing for the 2014 bar exams. i need advice please.

  3. x x x remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problems. -nasa instructions po yan. Goodluck!

  4. Art 70 of the revised penal code is concerned exclusively with the service of sentence it speaks of duration of penalty and penalty to be inflicted.nowhere is it there envisioned that the court should nake a computation and in its decision sentence the culprit to not more than the 3 fold the most severe of the penalties imposable upon hin. Computation is for the prison authorities to undertake coting people v salazar

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