2016 Criminal Law, Q8

Charges d’affaires Volvik of Latvia suffers from a psychotic disorder after he was almost assassinated in his previous assignment. One day, while shopping in a mall, he saw a group of shoppers whom he thought were the assassins who were out to kill him. He asked for the gun of his escort and shot ten (10) people and wounded five (5) others before he was subdued. The wounded persons required more than thirty (30) days of medical treatment. What crime or crimes, if any, did he commit? Explain. (5%)

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What is the legal effect of diplomatic immunity enjoyed by a Charge d'Affaires under international law?

Under Article 12(1) of the Revised Penal Code, what degree of mental condition is required to establish insanity as an exempting circumstance?

Which remedy is available to a receiving state when a diplomat enjoying criminal immunity commits a grave felony?

What element qualifies an assault as frustrated murder rather than attempted murder under the Revised Penal Code?

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Who among the following foreign representatives enjoys full diplomatic immunity from local criminal jurisdiction?

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1. Diplomatic Immunity Principle
Under public international law and Article 14 of the Civil Code, diplomatic agents, including charges d'affaires, enjoy full immunity from the criminal jurisdiction of the receiving state. Diplomatic immunity is a well-established principle recognized under the Vienna Convention on Diplomatic Relations. State agents vested with diplomatic status cannot be arrested, detained, or criminally prosecuted in the host country for any offense committed within its territory, regardless of the severity of the crime. Instead, the receiving state may declare the diplomat persona non grata, resulting in their recall or expulsion to their sending state for appropriate legal action.

2. Insanity Defense Requisites
Under Article 12, paragraph 1 of the Revised Penal Code, insanity exempts an offender from criminal liability only if there is a complete deprivation of intelligence or freedom of the will at the precise moment of committing the crime. A mere mental disorder, psychotic condition, or suffering from delusions does not automatically constitute exempting insanity under Philippine penal law. Unless the accused was acting with total absence of reason, discernment, or consciousness, criminal liability remains. However, if complete loss of intelligence is proven, the insane person is exempt from criminal responsibility but remains subject to civil liability.

3. Frustrated Murder Elements
Frustrated murder occurs under Article 248 in relation to Article 6 of the Revised Penal Code when an offender performs all the acts of execution that would produce murder as a consequence, but the crime is not produced by reason of causes independent of the perpetrator's will. Treachery qualifies the offense when the attack is sudden, unexpected, and executed without risk to the offender. When an armed individual unexpectedly shoots unarmed victims during a peaceful public gathering, inflicting fatal or mortal wounds requiring prolonged medical treatment, all executionary acts are completed, constituting the crime of frustrated murder.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026