2017 (Criminal Law) Bar Exam Questions: Question 11

[Answer/discuss the question below, or see 2017 bar exam Criminal Law Instructions; 2017 Criminal Law questions: 123456789, and 10; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]

-XI-

In his homily, Fr. Chris loudly denounced the many extrajudicial killings committed by the men in uniform. Policeman Stone, then attending the mass, was peeved by the denunciations of Fr. Chris. He immediately approached the priest during the homily, openly displayed his firearm tucked in his waist, and menacingly uttered at the priest: Father, may kalalagyan kayo kung hindi kayo tumigil. His brazenness terrified the priest, who cut short his homily then and there. The celebration of the mass was disrupted, and the congregation left the church in disgust over the actuations of Policeman Stone, a co-parishioner.

The Office of the Provincial Prosecutor is now about to resolve the case, and is mulling on what to charge Policeman Stone with.

May Policeman Stone be properly charged with either or both of the following crimes, or, if not, with what proper crime?

(a) Interruption of religious worship as defined and punished under Art. 132 of the Revised Penal Code; and/or

(b) Offending the religious feelings as defined and punished under Art. 133 of the Revised Penal Code. Explain fully your answers. (8%)

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