2013 (Criminal Law) Bar Exam Questions: Multiple Choice Question 25

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XXV.

Juancho owns a small piggery in Malolos, Bulacan. One Saturday afternoon, he discovered that all his pigs had died. Suspecting that one of his neighbours had poisoned the pigs, Juancho went home, took his rifle, went around the neighbourhood, and fired his rifle in the air while shouting, “makakatikim sa akin ang naglason ng mga baboy ko.” Barangay officials requested police assistance and Juancho was apprehended. Juancho was charged with and convicted of the crime of alarms and scandals. Juancho did not appeal his conviction.

Is Juancho qualified for probation? (1%)

(A) Yes, because the penalty for alanns and scandals is less than six(6) years.

(B) Yes, because Juancho did not appeal his conviction.

(C) No, because the crime of alarms and scandals carries with it a fine ofP200.

(D) No, because the crime of alanns and scandals affects public order.

(E) None of the above.

3 comments

  1. A. Even if he did not appeal his conviction if the accused was sentenced to serve a maximum term of imprisonment of more than 6 years he will still be disqualified from being placed on probation. citing section 9 of probation law. the penalty for Art. 155. Alarms and scandals is arresto menor or a fine not exceeding P200 pesos.

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