2017 (Criminal Law) Bar Exam Questions: Question 3

[Answer/discuss the question below, or see 2017 bar exam Criminal Law Instructions; 2017 Criminal Law questions: 1245678910, and 11; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]

-III-

Overjoyed by the award to his firm of a multi-billion government contract for the development of an economic and tourism hub in the Province of Blank, Mr. Gangnam allotted the amount of P100 Million to serve as gifts for certain persons instrumental in his firm’s winning the award. He gave 50°/o of that amount to Governor Datu, the official who had signed the contract with the proper authorization from the Sangguniang Panlalawigan; 25% to Bokal Diva, the Sangguniang Panlalawigan member who had lobbied for the award of the project in the Sangguniang Panlalawigan; and 25% to Mayor Dolor of the Municipality where the project would be implemented. Governor Datu received his share through his wife, Provincial First Lady Dee, who then deposited the amount in her personal bank account.

Previously, upon facilitation by Bokal Diva, Mr. Gangnam concluded an agreement with Mayor Dolor for the construction of the Blank Sports Arena worth P800 Million. The project was highly overpriced because it could be undertaken and completed for not more than P400 Million. For this project, Mayor Dolor received from Mr. Gangnam a gift of P10 Million, while Bokal Diva got P25 Million.

In both instances, Bokal Diva had her monetary gifts deposited in the name of her secretary, Terry, who personally maintained a bank account for Bokal Diva’s share in government projects.

(a) May each of the above-named individuals be held liable for plunder? Explain your answer. (4%)

(b) Define wheel conspiracy and chain conspiracy. Is either or both kinds existent herein? Explain your answer. (4%)

(c) What provisions of R.A. No. 3019 (Anti-Graft & Corrupt Practices Act), if any, were violated by any of the above-named individuals, specifying the persons liable therefor? Explain your answer. (4%)

(d) What crimes under the Revised Penal Code, if any, were committed, specifying the persons liable therefor? Explain your answer. (4%)

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