2016 (Criminal Law) Bar Exam Questions: Question 15

[Answer/discuss the question below, or see 2016 bar exam Criminal Law Instructions; 2016 Mercantile Law questions: 123456789101112131416171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-XV-

Pedro, Pablito, Juan and Julio, all armed with bolos, robbed the house where Antonio, his wife, and three (3) daughters were residing. While the four were ransacking Antonio’s house, Julio noticed that one of Antonio’s daughters was trying to escape. He chased and caught up with her at a thicket somewhat distant from the house, but before bringing her back, raped her.

[a] What crime or crimes, if any, did Pedro, Pablito, Juan and Julio commit? Explain. (2.5%)

[b] Suppose, after the robbery, the four took turns in raping the three daughters inside the house, and, to prevent identification, killed the whole family just before they left. What crime or crimes, if any, did the four malefactors commit? (2.5%)

4 comments

  1. Pedro,Pablito, and Juan committed conspiracy to commit the crime of robbery, while Julio commited the crime of robbery with rape.

    Conspiracy is commited when two or more person come to an agreement concerning the commission of a felony and decide to commit it, while
    Robbery is committed by any person who with intent to gain, by means of violence, intimidation or force upon things, shall take the property of another.

    In the given facts of the case, there is a clear showing that Pedro, Pablito,Juan and Julio conspire to rob Antonio’s house having armed with bolos. Julio, raped the daughter of Antonio away from the others and withouth their knowledge.

    Hence, Pedro,Pablito and Juan commited the crime of robbery while Julio committed the crime of robbery with rape.

    b) All of them committed the crime of robbery with rape and homicide.

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