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Practice exam for Crim1

By: Denise Camba and Dann Mercado


(Block 3, Batch 3)

Answer briefly and concisely.

1. Generally, a criminal law is binding upon all persons living or


sojourning in the country. What are the exceptions to this?
2. Jin, an American, was charged of illegal possession of firearms
in the Philippine territory. He contends that he cannot be
prosecuted or convicted because it is his constitutional right to
keep and bear arms as a citizen of United States of America
without the need of securing a permit. Decide.
3. Who are the persons exempt from the general application of
our criminal laws?
4. Generally, our criminal laws are enforceable within the
Philippine territory. What are the exceptions to this?
5. Penal laws are generally prospective in application. What are
the exceptions to this?
6. De Leon is charged with selling of opium under statute A, an
old law, which imposes a penalty of reclusion perpetua upon
any person who violates it. Subsequently, a statute B, a new
law, was passed by the legislature which reenacts statute A,
punishes the same act, and imposes the same penalty of

reclusion perpetua. Should the new law be given retroactive


effect? Explain.
7. In case of ambiguity, how are penal laws construed? If there is
a conflict between the English text and Spanish text of RPC,
which shall prevail?
8. What is the theory used in the Revised Penal Code? What is its
essence?
9. Dennis, a Filipino, killed B, an American, aboard a merchant
vessel that is on high seas when it was committed. Is it triable
in the Philippine courts? Explain. What if it is within the 3 mileterritory of the Philippines, will you answer be the same?
Explain.
10.

Chris, an American, committed a crime of homicide while

on aboard a foreign warship of America. When the said crime


was committed it was within the 3 mile-territory of the
Philippine. Is the crime triable in the Philippine courts?
11.

Chief of Police Marvin were under the instruction to arrest

Marie, a notorious criminal, and if overpowered, to get her


dead or alive. Proceeding to the suspected house, Marvin went
into a room and on seeing a person sleeping with his back
towards the door, simultaneously fired at her with his revolver,
without ascertaining as to who that person is. It turned out to
be an innocent person. Can he raise mistake of fact as a
defense? Explain.

12.

What are the requirements to raise mistake of fact as a

defense?
13.

Berna possesses an unregistered gun and brought it

outside her house. As she carries it along her way to the


market, Reggy, a police officer, saw the former carrying the
gun, thus, she arrested her for violation of a special law that
prohibits illegal possession of firearms. Berna contends she has
no intention to use the gun and merely wants to bring it along
with her. Further, she contends that she has no criminal intent
and brought the gun in good faith. Decide.
14.

Distinguish mala in se from mala prohibita.

15.

Regine was near a well observing as to how deep it is.

Meanwhile, in the same area near the well, Marv and Denise
were playing and chasing each other. As they were running
round in round, Marv have accidentally bumped Regine, thus,
causing her to fall down the well which results to serious
physical injuries. Can Marv be held liable under Art. 4 (1) of the
RPC?
16.

Arvin is in mind of committing the crime of act of

lasciviousness against Nadine. Decided to commit the crime,


Arvin went to the house of Nadine and committed it. However,
Nadine was already dead when the crime was committed and
Arvin had no knowledge of her state. Is this an impossible
crime? If the crime committed was rape, is your answer still the
same? Explain.

17.

Agdon bought a poison from a drugstore in preparation

for the killing of Camba by means of poision. However, De leon


saw Agdon bought a poison, thus, he moved to have her
arrested for attempted murder by means of poison. Can Agdon
be charged of attempted murder by means of poison? Explain.
18.

Chris, with intent to kill, fired his pistol at Dann, but did

not hit the latter. Dann cried and asked Chris not to shoot him.
Chris desisted from firing his pistol again. Is Chris criminally
liable? Explain.
19.

Topher, a doctor, with intent to kill, shot his wife Christine

and inflicted a mortal wound on her. Bothered by his


conscience, Topher administered and gave medical attendance
to her wife which saved her life. What was the crime
committed?
20.

When can a crime of theft be frustrated?

21.

Define light felonies.

22.

Define conspiracy and proposal.

23.

Marvin has decided to commit a crime of treason. Thus,

he proposed its execution to Dann which the latter accepted.


Both has decided and agreed to commit the crime of treason.
What was the crime committed?
24.

Distinguished grave, less grave, and light felonies.

25.

When can the Revised Penal Code make itself

supplementary to special penal laws as regards to modifying


circumstances?

26.

Why does penal law make self-defense lawful?

27.

With intent to kill, Leon hacked Mercado with a bolo;

however, he missed and decided to flee, leaving his bolo


behind. Mercado then picked up the bolo and pursued Leon. As
Mercado reaches Leon, the former continuously attempts to
hack the latter, but misses. Fearing his life is endangered, Leon
picks up a stone and throws it to Mercado, which killed him.
Leon invokes self-defense in spite of his initial attempt to kill
Mercado. Decide.
28.

Inside the office, Mayuga challenged Tolentino in a fist

fight to once and for all finish their altercation. Agreeing to fight
Mayuga, Tolentino offered that it be done outside the office. On
their way out of the office but still in the office premises,
Mayuga suddenly, deliberately, and treacherously hit Tolentino
at the back causing him to fall down first on the ground.
Angered by the formers actuation, and as Mayuga continues to
maul Tolentino, the latter brought out his knife and struck the
Mayuga, causing his death. Tolentino invokes self-defense.
Decide.
29.

Sebi immediately and suddenly punched Ramilo at the

back. As Sebi continuously attacks Ramilo, although they were


of the same size and strength and has the capacity to repel the
attacks, Ramilo brought out his knife and struck Sebi, causing
his death. Ramilo invokes self-defense. Decide.

30.

Quinito suddenly attacked and continuously mauled JP.

Seeing JP being attacked, Jimi, relative of JP, with evil motive


and revenge on his heart, ran towards JP and inflicted serious
physical injuries on Quinito. Jimi invokes defense of relative.
Decide.
31.

Who are the persons subject to defense of relatives?

32.

Scott continuously attacks Gerome. Seeing Gerome being

attacked, Rapinan furnished Gerome with a baseball ball which


the latter used against Scott. Scott sustatined serious physical
injuries. Rapinan was charged of serious physical injuries.
Hence, Rapinan invokes the defense of stranger. Decide.
33.

Mayuga was driving his car at a speed of around 100kph

on a narrow road when he suddenly saw a large-scale truck in


front of his car. If he would swerve to the left he would fall into
a precipice, or if he would swerve it to the right he would kill a
passer-by. Those were the only two choices. He chose to
swerve to the right and killed the passer-by. He invokes
avoidance of greater evil or injury. Decide. If he chose the
alternate choice, would your answer be the same? Explain.
34.

In a department store, Mateo stole a dress displayed

therein. Upon seeing this, Mauricio, a security guard of the


department store, seized Mateo. As Mateo was running away,
Mauricio brought out his gun and shot Mateo which killed her.
Mauricio justifies his act as fulfillment of duty. Decide.

35.

Police officer Palmaria acted upon the orders of superior

officers which is to make the accused confess as to the plans of


terrorism. Pursuant to the order of her superior officer, police
officer Palmaria tortured to death the accused which led her to
successfully obtain the confession needed. However, the
accused died. Police officer Palmaria invokes the defense of
obedience of an order issued by a superior. Decide.
36.

When can an insane person and imbecile be exempt from

the crime they committed? What constitutes insanity?


37.

When can a minor be exempted from the crimes he

committed?
38.

In a deserted place, Bambie was being forced by Amor

alone to kill her colleague Jimi or else she is going to shoot her.
Amor handed Bambie an armalite to use to kill Jimi. Pursuant to
the order, Bambie killed Jimi. Hence, Bambie was charged of
homicide. However, Bambie invokes the exempting
circumstance of irresistible force. Decide. If it is the exempting
circumstance of compulsion of uncontrollable fear is invoked,
would your answer be the same. Explain.
39.

Enumerate the mitigating circumstances. Not necessarily

verbatim.
40.

Enumerate the aggravating circumstance. Not necessarily

verbatim.
41.

When can intoxication be aggravating and/or mitigating?

42.

When can intelligence of the offender be aggravating

and/or mitigating?
43.

When can a relationship be aggravating and/or

mitigating?
44.

A, B, and C conspired together to kill D. A and B shot D, C

helped in concealing the crime by burying the body of D. Is D


an accomplice?

45.

A killed B. A also took B's watch. C, the son of A helped

his father to bury B's body. A afterwards sold the watch to D, a


stranger who did not know that the watch was stolen. D sold
the watch to E. What are their (A, C, D) participation? What if D
knew that the watch was stolen? Explain.

46.

A is a very poor man. He applied for work since he has a

big family. B hired him and became his employer. B also


provided A and his family a home. One day, B ordered A to kill
C, B's wife. A killed C. What is the participation of B? Is A
exempt from criminal liability? When is one exempt? In the
same case, what if A was ordered by B to kill D, the boyfriend
of A's wife. What will be A and B's participation?

47.

A, the leader of the group, conspired with his

subordinates B,C, D to kill E. On the day set for murder, A went


to US. B and C entered E's house and killed E with treachery. D

stayed outside throughout the murder to serve as look out.


While waiting outside, a stranger F came, afraid that F might
discover the murder, D killed F. What are their respective
participation? Who are liable for F's murder? Who are the
members where the circumstance of treachery must be
appreciated?

48.

A hostaged C. A told C that A will shoot him if C will not

cause the sinking of D's boat. B furnished C with a bazooka to


be used for exploding the boat. What is the participation of C?
What is his criminal responsibility? Explain. Is B an accomplice?

49.

A used irresistible force and ordered B, C, and D to kill all

fishermen living beside the house of A. His men killed the said
fishermen during nighttime, and to conceal their identities. they
also killed farmers and the farmer's families. Is A liable to the
death of the farmers and their families?

50.

A planning to kill B borrowed a bolo from C. C agreed to

the plan of A. What is the particpation of C? In the same case,


what if C participated in the criminal resolution of the crime,
what is his participation?

51.

A was walking along taft when B suddenly grabbed his

bag and pointed a gun at A. C, the best friend of B helped him

by holding the snatched bag so A could freely point the gun at


A. Is B an accomplice?

52.

A committed robbery, while the police was chasing him,

he ran to B, a barangay chairman. A asked for help, B gave A a


hanky which A used to cover his face while the police were
passing by. They did not see A and A was able to escape. Is B
an accessory? Explain.

53.

A borrowed a gun from B, telling him that he would kill C.

B agreed and gave the gun to A. A, upon entering the house of


C, killed Z purposely for he resented him for being Cs
boyfriend. Is B an accomplice? Why?

54.

A borrowed the gun of B to kill C. While A was preparing

to shoot C, B suddenly appeared and shot C, inflicting a mortal


wound. A then shot C, causing C to die. Is B an accomplice?
Explain?