Philippine Bar review · Question

Practice question: As a Mode of Incurring Criminal Liability

Multiple Choice Hard

Practice question

Three people are charged together. The evidence shows that two deliberately perform coordinated roles in the crime, while the third merely happens to stand nearby and is related to one offender. No act or statement by the third advances the plan. The prosecution asks to infer everyone’s guilt solely from proximity and kinship. Which is best?
  1. Proximity proves every element
  2. Kinship conclusively establishes a criminal agreement
  3. The third person’s own connection and participation must be proved; the others’ coordinated conduct does not automatically make a bare bystander a conspirator
  4. Everyone at the scene is necessarily an accomplice
  5. A group charge dispenses with individual proof

Legal references

  • People v.Ampatuan, GR258710, January27,2025: https://lawphil.net/judjuris/juri2025/jan2025/gr_258710_2025.html

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