Smmmmm false fencing is committed if the accused

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smmmmm: False. Fencing is committed if the accused “should have known” that the goods or articles had been the subject of theft or robbery (P.D. 1612, Sec. 2[a]}. Mere possession of the stolen goods gives rise to the prima faciepresumptionof fencing. [d]In the crime of libel, truth is an absolute defense. SUGBE8TIBANSWER: False. Article 361 of the RPC provides that proof of truth shall be admissible in libel cases only if the same imputes a crime or is made against a public officer with respect to facts related to the discharge of their official duties, and moreover must have been published with good motives and for justifiable ends. Hence, “truth” as a defense, on its own, is not enough.
SUGGESTED ANSWERS TO THE 2009 BAR EXAMINATIONQUESTIONS IN CRIMINAL LAW[e]For a person who transacts an instrument representing the proceeds of a covered unlawful activity to be liable under the Anti-Money Laundering Act (R.A. 9160, as amended), it must be shown that he has knowledge of the identities of the culprits involved in the commission of the predicate crimes. mmmmm: False. There is nothing in the law which requires that the accused must know the identities of the culprits involved in the commission of the predicate crimes. To establish liability under RA 9160, it is sufficient that proceeds of an unlawful activity are transacted, making them appear to have originated from legitimate sources. XII [a]In a conviction for homicide, the trial court appreciated two (2) mitigating circumstances and one (1) aggravating circumstance. Homicide under Article 249 of the Revised Penal Code is punishable by reclusion temporal,an imprisonment term of twelve (12) years and one (1) day to twenty (20) years. Applying the Indeterminate Sentence Law. determine the appropriate penalty to be imposed. Explain. (3%) SUGGESTED ANSWER: Under the Indeterminate Sentence Law, the minimum of the sentence shall be anywhere within the range of 6 years and 1 day to 12 years imprisonment while the maximum of the sentence shall be anywhere within the range of Reclusion Temporal minimum i.e., not lower than 12 yrs. and 1 day to not more than 14 yrs. and 8 months.
SUGGESTED ANSWERS TO THE 2009 BAR EXAMINATION QUESTIONS IN CRIMINAL LAW 0=>145 [b]Will your answer be the same if it is a conviction for illegal possession of drugs under R.A. 9165 (Dangerous Drugs Act of 2002), the prescribed penalty of which is also imprisonment for a term of twelve (12) years and one (1) day to twenty (20) years? Why or why not? (3%) SSmSTBMMSWm No. My answer will not be the same because violations of Rep. Act 9165 are mala prohibitain which mitigating and aggravating circumstances are not appreciated. Although in People v. Simon (234 SCRA 555 [1994]), it was held that Art. 64 can be applied if the special law adopted the nomenclature of penalties provided under the RPC, such pronouncement cannot be applied in the instant case because the penalties for illegal possession of drugs under RA 9165 do not follow the technical nomenclature of penalties in the RPC and thus, cannot be divided into

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