2017 Criminal Law, Q2

Sixteen year old Aliswan prodded Amethyst, his girlfriend, to remove her clothing while they were secretly together in her bedroom late one evening. Failing to get a positive response from her, he forcibly undressed her. Apprehensive about rousing the attention of the household who did not know of his presence inside her room, she resisted him with minimal strength, but she was really sobbing in a muffled manner. He then undressed himself while blocking- the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then sitting alone on a sofa in the sala, saw him leave his daughter’s room naked.
Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst’s former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed Allesso. Aliswan immediately went into hiding afterwards.
Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante wanted to teach Aliswan a lesson he would never forget. Amante set out the next day to look for Aliswan in his school. There, Amante found a young man who looked very much like Aliswan. Amante immediately rushed and knocked the young man unconscious on the pavement, and then draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG TULARAN. Everyone else in the school was shocked upon witnessing what had just transpired, unable to believe that the timid and quiet Alisto, Aliswan’s identical twin brother, had committed rape.
(a) A criminal complaint for attempted rape with homicide was brought against Aliswan in the Prosecutor’s Office. However, after preliminary investigation, the Investigating Prosecutor recommended the filing of two separate informations – one for attempted rape and the other for homicide. Do you agree with the recommendation? Explain your answer. (3%)
(b) Before the trial court, Aliswan moved that the cases should be dismissed because he was entitled to the exempting circumstance of minority. Is his motion correct? Explain your answer. (3%)
(c) After receiving medical attendance for 10 days, Alisto consulted you about filing the proper criminal complaint against Amante. What crimes, if any, will you charge Amante with? Explain your answer. (3%)
(d) Answering the criminal complaint filed by Alisto, Amante contended that he had incurred no criminal liability for lack of criminal intent on his part, his intended victim being Aliswan, not Alisto. What is this defense of Amante, and explain if the same will prosper? (3%)

Quick check

What crime is committed when an offender forcibly undresses a victim but voluntarily desists before attempting carnal knowledge?

Is a sixteen-year-old offender automatically exempt from criminal liability upon filing a motion to dismiss?

What crime is committed by physically knocking a victim unconscious and publicly draping him with a defamatory sign?

How does the defense of error in personae affect an offender's criminal liability under Article 4(1) of the RPC?

Why can acts of lasciviousness committed against one victim not be complexed with homicide committed against another victim?

Learn more about these topics

1. Desistance in Rape
Under Article 6 of the Revised Penal Code, spontaneous desistance before the performance of all acts of execution negates criminal liability for the attempted felony. When an offender forcibly undresses a victim but voluntarily desists from committing rape due to a sudden change of heart before performing acts directly aimed at carnal knowledge, the crime of attempted rape is negated. The remaining acts of forcibly undressing the victim constitute acts of lasciviousness under Article 336. Moreover, acts of lasciviousness and homicide committed against different victims in separate locations cannot be complexed into a single offense.

2. Minority Exemption Rules
Under Republic Act No. 9344, or the Juvenile Justice and Welfare Act of 2006, a child in conflict with the law who is over fifteen years of age but below eighteen is exempt from criminal liability only if it is proven that he acted without discernment. Minority is not an absolute ground for the dismissal of criminal charges upon mere motion. Instead, discernment must be evaluated during trial or preliminary investigation, and if the minor acted with discernment, he remains criminally liable, subject to a privileged mitigating circumstance.

3. Error in Personae
Under Article 4, paragraph 1 of the Revised Penal Code, criminal liability is incurred by any person committing a felony, although the wrongful act done be different from that which he intended. Mistaking one person for another, or error in personae, does not relieve the offender of criminal liability. When an attacker assaults an innocent twin brother believing him to be the intended victim, the mistake in identity neither negates criminal intent nor exempts the perpetrator from criminal prosecution for physical injuries and slander by deed.

About these questions and answers
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.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

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