Welcome, kapatid, to our series on How to Answer Law School and Bar Problems. Today, we are taking a look at a problem from the 2022 Bar Exam. I’ll be showing precisely how to answer a problem, how to be responsive to a problem, and how you can also arrive at an elegant and precise answer all on your own.
Here's Question No. 12 from the 2022 Bar Exam for Criminal Law and the Suggested Answer:
Sometime in 2011, while police officers were conducting a foot patrol in connection with the report of rampant illegal activities in the area, police officer Pepe saw Raul inside a small shanty holding a disposable syringe. Being a police officer for almost 15 years and having previously made more than ten arrests involving possession of drug paraphernalia, Pepe entered through the open door of Raul’s shanty and arrested him. Inside the shanty, 23 more pieces of disposable syringes and empty ampules were seized from Raul. Pepe immediately marked the seized items, took photographs thereof, and conducted an inventory in the presence of Raul, a barangay kagawad, a representative from the Department of Justice (DOJ), and a media practitioner. The seized items were turned over to the evidence custodian, who kept them in a sealed container in the police station.
During the trial of Raul for the crime of Illegal Possession of Drug Paraphernalia, police officer Pepe, the sole witness for the prosecution, testified as narrated above. After which, the prosecution rested its case. The defense did not present any evidence.
If you were the judge, would you convict or acquit Raul for the crime charged? Explain briefly.
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SHOW NOTES:
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