2013 (Criminal Law) Bar Exam Questions: Multiple Choice Question 9

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IX.

Choose from the list below the correct principle in considering “motive”. (0.5%)

(A) If the evidence is merely circumstantial, proof of motive is essential.

(B) Generally, proof of motive is not necessary to pin a crime on the accused if the commission of the crime has been proven and the evidence of identification is convincing.

(C) Motive is important to ascertain the truth between two antagonistic theories.

(D) Motive is relevant if the identity of the accused is uncertain.

(E) All of the above are correct.

One comment

  1. E. All of the above. Motive is relevant in the following:

    • The identity of the accused is disputed.
    • There are two antagonistic versions of the killing.
    • No eyewitnesses to the crime and there are several suspects.
    • Where evidence is circumstantial.

    As held in People v. De Mesa, the Supreme Court held that “Motive is generally irrelevant, unless it is utilized in establishing the identity of the perpetrator. Coupled with enough circumstantial evidence or facts from which it may be reasonably inferred that the accused was the malefactor, motive may be sufficient to support a conviction.”

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