I.

________
II. ________
PHILIPPINE NATIONAL POLICE ACADEMY III. ________
MID-TERM EXAMINATION
1st Semester, AY 2018-19

NAME: _______________________________SECTION: ____________ SCORE: ____________

PROFESSOR: ATTY. JUVI H. GAYATAO SUBJECT: CRIMINAL LAW 1

GENERAL INSTRUCTIONS: This is a 7 pages 100 items examination, check the pages of the
questionnaire first before you start to answer. Instructions are part of the examination.

I. MULTIPLE CHOICE. Write the CAPITAL letter corresponding to the BEST and SPECIFIC
answer in the space provided before each number. NO ERASURE, NO SUPERIMPOSITION.
(60PTS)

Situation no. 1 (Items 1-5)

A attacked B with a fist blow. B defended himself by punching A. B did not employ sufficient
provocation. A is a 6 footer body builder while B is a skinny 5 feet tall man.

____ 1. Is the means employed reasonably necessary?

A. YES, fist blow for a fist blow is reasonably necessary.
B. YES, B did not employ sufficient provocation
C. YES, A is the unlawful aggressor
D. NO, B must employ greater force to be successful with self-defense.
E. NO, fist blow is NOT at all considered by law as reasonably necessary.
____ 2. Is there self-defense?
A. YES, there is unlawful aggression.
B. YES, there is reasonable necessity of the means employed to prevent or repel it.
C. YES, there is lack of sufficient provocation on the part of the person defending.
D. YES, all the elements of self-defense are present.
E. NO, B must employ greater force to be successful with self-defense.
____ 3. Is there self-defense if B used a knife in defending himself?
A. YES, there is unlawful aggression.
B. YES, there is reasonable necessity of the means employed to prevent or repel it.
C. YES, there is lack of sufficient provocation on the part of the person defending.
D. NO, knife against fist blow is NOT reasonably necessary.
E. NO, All the elements of self-defense are NOT present.
____ 4. Is there self-defense if A used a knife in attacking B?
A. YES, there is unlawful aggression.
B. YES, there is reasonable necessity of the means employed to prevent or repel it.
C. YES, there is lack of sufficient provocation on the part of the person defending.
D. NO, fist blow against a NOT reasonably necessary.
E. NO, All the elements of self-defense are NOT present.
____ 5. Is there self-defense if B badly stared at A before A attacked B?
A. YES, there is unlawful aggression.
B. YES, there is reasonable necessity of the means employed to prevent or repel it.
C. YES, there is lack of sufficient provocation on the part of the person defending.
D. NO, bad stare or glaze is sufficient provocation
E. NO, All the elements of self-defense are NOT present.

Situation no. 2 (Items 6-10)

A and B are cousins. C is the son of B. When A entered a room, he saw X about to stab
C. A shoot X with a caliber 38 pistol, saving C.

____ 6. Is there reasonable necessity of the means employed by A?

A. YES, firearm against knife “stab” is reasonably necessary.
B. YES, C did not employ sufficient provocation
C. YES, X is the unlawful aggressor
D. NO, A must employ lower force to be successful in defending C.
E. NO, firearm against knife “stab” is NOT reasonably necessary.
____ 7. What form of justifying circumstance can A claim?
A. Self-defense D. State of necessity
B. Defense of relative E. Obedience to a lawful order
C. Defense of stranger
____ 8. What form of justifying circumstance can A claim if C and B are brothers?
A. Self-defense D. State of necessity
B. Defense of relative E. Obedience to a lawful order
C. Defense of stranger
____ 9. Can A claim justifying circumstance if he is induced by revenge in killing X?
A. NO, the person defending must NOT be induced by revenge.
B. NO, there is NO justifying circumstance here
C. YES, revenge is NOT an issue in defense of relative
D. YES, revenge is NOT an issue in self-defense
E. YES, revenge is disregarded when the attack is sudden
____ 10. Can A claim justifying circumstance if C gave the provocation and A took part in the giving
of the provocation?
A. NO, the person defending must NOT be induced by revenge.
B. NO, there is NO justifying circumstance here
C. YES, taking part in the provocation is NOT an issue in defense of stranger
D. YES, taking part in the provocation is NOT an issue in self-defense
E. YES, taking part in the provocation is disregarded when the attack is sudden

Situation no. 3 (Items 11-15)

In order to kill Y, X waited for Y in one spot at around 2:00pm. Y got delayed, instead of
passing by the area around 2:00pm, he passed by the area at around 11:00pm. X killed Y.
The area is extremely dark as there were no street lights to illuminate the area.
____ 11. Can you appreciate night time?
A. YES, its 11:00pm and it was dark.
B. YES, all the elements of night time is present.
C. YES, all crimes committed at night will make “night time” applicable.
D. NO, night time is NOT purposely sought
E. A, B and C
____ 12. Can you appreciate night time if the place is well illuminated?
A. YES, its 11:00pm
B. YES, all the elements of night time is present.
C. YES, all crimes committed at night will make “night time” applicable.
D. NO, night time is NOT purposely sought
E. NO, darkness of the night is absent.
F. D and E only
____ 13. If the attack became sudden and unexpected, what aggravating circumstance?
A. Night time D. Band
B. Treachery E. Explosion
C. Evident Premeditation
____ 14. If killing is made with explosion, what aggravating circumstance?
A. Night time D. Band
B. Treachery E. Explosion
C. Evident Premeditation
____ 15. If another person is killed instead of Y, can u appreciate night time?
A. YES, its 11:00pm and it was dark.
B. YES, all the elements of night time is present.
C. YES, all crimes committed at night will make “night time” applicable.
D. YES, night time can still apply in mistake in identity.
E. NO, night time is NOT purposely sought
F. A, B, C, and D only

Situation no. 4 (Items 16-20)

A and X are brothers. A is married to B while X is married to Y. They live in the same house
with their parents’ S and T. A commits robbery against Y.
____ 16. Is A exempted from criminal liability?
A. Yes, exempted under Art. 332 of the RPC.
B. Yes, they live in the same house.
C. Yes, the family may disintegrate
D. NO, robbery is NOT one of those felonies mentioned under Art. 332 of the RPC.
E. NO, A and Y are NOT brothers/sisters, they mere in-laws.
____ 17. Will your answer be the same if the victim is X?
A. Yes, exempted under Art. 332 of the RPC.
B. Yes, they live in the same house.
C. Yes, the family may disintegrate
D. NO, robbery is NOT one of those felonies mentioned under Art. 332 of the RPC.
E. NO, A and Y are NOT brothers/sisters, they mere in-laws.
____ 18. Is A is exempted if the crime is “malicious mischief”?
A. Yes, exempted under Art. 332 of the RPC.
B. Yes, they live in the same house.
C. Yes, the family may disintegrate
D. Yes, for reasons under A, B and C
E. NO, malicious mischief is NOT one of those mentioned under Art. 332 of the RPC.

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____ 19. Is A is exempted if the crime is “arson”?
A. Yes, exempted under Art. 332 of the RPC.
B. Yes, they live in the same house.
C. Yes, the family may disintegrate
D. NO, arson is NOT one of those felonies mentioned under Art. 332 of the RPC.
E. NO, A and Y are NOT brothers/sisters, they mere in-laws.
____ 20. Is there civil liability in Art. 332 of the RPC?
A. Yes, Art. 332 of the RPC has no criminal liability but with civil liability
B. Yes, Art. 332 is a justifying circumstance
C. Yes, with civil liability if living together and NO civil liability with not living together
D. NO, Art. 332 of the RPC is an exempting circumstance
E. NO, Art. 332 of the RPC is exempting between husband and wife ONLY.
____ 21. The father caught his 17 year-old daughter having sex with his boyfriend in a motel, father
killed the boyfriend.
A. Exempting circumstance under Art. 247 of RPC
B. Exempting circumstance- Accident
C. Mitigating circumstance- Passion of obfuscation
D. Mitigating circumstance- Sufficient provocation
E. Justifying circumstance- State of necessity
____ 22. In the previous number, the father caught them inside the marital abode.
A. Exempting circumstance under Art. 247 of RPC
B. Exempting circumstance- Accident
C. Mitigating circumstance- Passion of obfuscation
D. Mitigating circumstance- Sufficient provocation
E. Justifying circumstance- State of necessity
____ 23. In number 21, the daughter is already 18 years old.
A. Exempting circumstance under Art. 247 of RPC
B. Exempting circumstance- Accident
C. Mitigating circumstance- Passion of obfuscation
D. Mitigating circumstance- Sufficient provocation
E. Justifying circumstance- State of necessity
____ 24. A and B are married while C is the mistress of A. B killed C after seeing the two in a motel
room in the act of having sex. What circumstance?
A. Justifying circumstance- BWS
B. Justifying circumstance- State of necessity
C. Exempting circumstance- Art. 247 of the RPC
D. Exempting circumstance- Passion or obfuscation
E. NO justifying nor exempting circumstance
____ 25. In the previous number, B killed C after seeing the two in a motel room lying next to each
other naked and asleep. What circumstance?
A. Justifying circumstance- BWS
B. Justifying circumstance- State of necessity
C. Exempting circumstance- Art. 247 of the RPC
D. Exempting circumstance- Passion or obfuscation
E. NO justifying nor exempting circumstance
____ 25. The perpetrator has no intention to kill the victim but killed the victim anyway when he got
drunk. The perpetrator is NOT a habitual drunkard. What circumstance?
A. Aggravating circumstance- Intoxication
B. Aggravating circumstance- Sec. 25 RA 9165
C. Exempting circumstance- Intoxication
D. Exempting circumstance- Passion or obfuscation
E. NO aggravating nor exempting circumstance
____ 26. In the previous number, the perpetrator is intoxicated with “shabu”. What circumstance?
A. Aggravating circumstance- Intoxication
B. Aggravating circumstance- Sec. 25 RA 9165
C. Exempting circumstance- Intoxication
D. Exempting circumstance- Passion or obfuscation
E. NO aggravating nor exempting circumstance
____ 27. In number 25, the perpetrator is a habitual drunkard. What circumstance?
A. Aggravating circumstance- Intoxication
B. Aggravating circumstance- Sec. 25 RA 9165
C. Exempting circumstance- Intoxication
D. Exempting circumstance- Passion or obfuscation
E. NO aggravating nor exempting circumstance
____ 28. The victim is beheaded while sleeping at around 2:00 AM. What circumstance?
A. Ignominy D. Cruelty
B. Treachery E. No aggravating circumstance
C. Night time

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____ 29. In the previous number, the victim is already dead, and the perpetrator is making sure
that the victim is indeed dead. What circumstance?
A. Ignominy D. Cruelty
B. Treachery E. No aggravating circumstance
C. Night time
____ 30. A killed his father. What circumstance can be appreciated in the relationship?
A. Mitigating circumstance D. NOT mitigating nor aggravating
B. Aggravating circumstance E. Parricide
C. Alternative circumstance
____ 31. What circumstance is present in killing a 5 year old child.
A. Aggravating circumstance- Treachery
B. Aggravating circumstance- Abuse of superior strength
C. Aggravating circumstance- Cruelty
D. Mitigating circumstance- passion or obfuscation
E. Mitigating circumstance- sufficient provocation
____ 32. While having her class, a 60 year old lady professor is attacked by her student. What
aggravating circumstance can you apply?
A. Rank D. Rank, age, or sex
B. Age E. Rank, age and sex
C. Sex
____ 33. Circumstance wherein ALL the elements of either DOLO or CULPA is absent, hence, no
criminal and civil liability?
A. Insanity D. Accident
B. Imbecility E. Passion or obfuscation
C. Minority
____ 34. Who is NOT included in the following relationships for the purpose of “defense of relative”?
A. Half-brother D. Cousin
B. 5th degree grand father E. Cousin’s wife
C. Illegitimate sister
____ 35. Which among the choices is privileged mitigating circumstance?
A. 15 years old acting with discernment
B. 18 years old acting without discernment
C. 14 years old acting with discernment
D. 17 years old acting WITHOUT discernment
E. 16 years old acting with discernment
____ 36. Which among the choices is “incomplete self-defense”?
A. Absence of anyone (1) of the elements
B. Absence of either second or third element
C. Absence of both second and third elements
D. Absence of the first element
E. All elements must be present
____ 37. Aggravating circumstance that is NOT considered anymore since it is already part of the
elements of the felony.
A. Generic D. Qualifying
B. Specific E. Quantifying
C. Inherent
____ 38. Example of inherent aggravating circumstance.
A. Unlawful entry in “robbery with violence against or intimidation of person”
B. Fire in the crime of “arson”
C. Night time in homicide
D. Evident premeditation in murder
E. All of the choices
____ 39. Example of “relationship” as aggravating circumstance.
A. Brother stealing “theft” the laptop of a brother, both are living in the same house.
B. Son breaking “malicious mischief” the cellphone of his mother
C. Father beating (physical injuries) his son
D. A and B only
E. All of the choices
____ 40.Which among the choices is TRUE about “state of necessity”.
A. It is a justifying circumstance but with civil liability to be shouldered by the perpetrator
all the time.
B. It is a justifying circumstance but with civil liability to be shouldered by the perpetrator
if it benefits him.
C. It is an exempting circumstance because there is NO criminal and civil liability.
D. It is a justifying circumstance because there is NO criminal and civil liability
E. It is a class of its own, not exempting nor justifying circumstances.

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____ 41. After 6 months of planning, X finally executed the killing of the victim at around 10:00PM,
with four armed male factor, while the victim is sleeping. What aggravating circumstance
will be appreciated?
A. Night time D. Band
B. Treachery E. Fire
C. Evident Premeditation
____ 42. A killed B by burning the house where B resides. B is killed. What is the aggravating
circumstance?
A. Night time D. Band
B. Treachery E. Fire
C. Evident Premeditation
____ 43. A threw a hand grenade at B. B did not die of explosion but by the fire that was created
by the explosion. What is the aggravating circumstance?
A. Fire D. Poison
B. Treachery E. Evident Premeditation
C. Explosion
____ 44. A and B had a drinking spree. In the middle of a heated argument, A stabbed B to death.
A is a habitual drunkard. What circumstance is intoxication of A?
A. Justifying circumstance D. Aggravating circumstance
B. Exempting circumstance E. Alternative circumstance
C. Mitigating circumstance
____ 45. A warrant of arrest was issued for the arrest of the accused. When the accused learned
about the warrant of arrest, he wasted no time, he surrendered to the nearest police
station. Can he claim voluntary surrender as mitigating circumstance?
A. NO, warrant of arrest as already been issued
B. NO, for voluntary surrender to apply, no warrant of arrest should have been issued
yet.
C. NO, he did not surrender before the warrant of arrest was issued
D. YES, as long as he has the opportunity to escape but spared the government from
further expense in looking for him, he can avail of voluntary surrender.
E. YES, as long as he acknowledges his guilt, he can avail of voluntary surrender.
____ 46. Are all physical defect considered mitigating circumstance?
A. NO, if the act is involuntary because of the physical defect.
B. NO, it is only mitigating if the physical defect is directly connected with the crime
committed.
C. YES, no qualifications, all physical defect is mitigating circumstance.
D. YES, physical defect diminishes either three elements of dolo or culpa.
E. YES, physical defect totally absents either three elements of dolo or culpa.
____ 47. A got jealous when he saw his long time crush together with his crush’ boyfriend. A boxed
the boyfriend causing physical injuries. What mitigating circumstance can be
appreciated?
A. Passion or obfuscation D. Praeter intentionem
B. Immediate vindication E. Uncontrollable fear
C. Sufficient provocation
____ 48. What mitigating circumstance is available to a police officer who acted as poseur-buyer
in a buy bust operation?
A. In the performance of one’s duty D. Instigation
B. Obedience to a lawful order E. Fortuitous event
C. Entrapment
____ 49. During arraignment, the accused intimated that he will plea guilty if the private complainant
will pay him the latter’s indebtedness. What mitigating circumstance can be appreciated?
In the performance of one’s duty D. Voluntary surrender
A. Passion or obfuscation E. NO mitigating circumstance
B. Immediate vindication
C. Admission of guilt
____ 50. A avenged his sister’s honor by killing the latter’s rapist 2 weeks after the incident. What
is the mitigating circumstance?
A. Passion or obfuscation D. Praeter intentionem
B. Immediate vindication E. Uncontrollable fear
C. Sufficient provocation

II. MODIFIED TRUE OR FALSE. (30PTS- 2 points per number) Write “TRUE” if the statement is
correct, if incorrect, change the underlined word/s or phrase/s with the correct word/s or
phrases to make the statement correct. Answers need not be grammatically congruent with
the statement of the problem. Answers should be written before each number. NO ERASURE.

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________________________ 1. A embarrassed B when the former shouted at the latter
“magnanakaw” in front of many people. B took his gun and killed A.
B is entitled to “self-defense”.
________________________ 2. Defending a mother-in-law is defense of relative.

________________________ 3. All orders of a superior being followed is justifying circumstance.

________________________ 4. In accident, there is NO criminal liability but the person who will
benefit from the act is civilly liable.
________________________ 5. Aid of armed men is composed of atleast 4 armed male factor.

________________________ 6. Treachery is an aggravating circumstance specifically applicable in

crimes against honor and rape only.
________________________ 7. Killing someone with a grenade is treachery.

________________________ 8. Generic aggravating circumstances are already part of the

elements of the felony that it is NOT anymore considered.
________________________ 9. It is instigation when the perpetrator has the original plan of
committing the crime and the police officer provided the means in the
execution of such crime.
________________________ 10. It is justifying circumstance if some motive has lawfully, morally,
or physically prevented a person to do what the law command.
________________________ 11. A 60 year old perpetrator with hearing impairment is analogous to
a 70 years old-mitigating circumstance.
________________________ 12. Verbal abuse can be unlawful aggression.

________________________ 13. A relative defended in “defense of relative” may cause sufficient

provocation.
________________________ 14. Privileged mitigating circumstance can lower the penalty by
degrees and it cannot be offset by a generic aggravating
circumstance.
________________________ 15. An insane and imbecile person can be held liable if they commit
the crime during lucid interval.

III. CASE ANALYSIS (10PTS). Write your answer in the space provided after the question. Answer
should not be less than 3 but not more than 5 sentences. Answer less than 3 sentences or more
than 5 sentences will have 1 point deduction. Erasure is allowed but must follow the one (1) line
erasure rule. Where the facts are clear, there is no room for assumptions. Do not abbreviate
words.

Criteria in grading case analysis:

Ability to identify and apply the legal principle with excellent logical presentation and 9-10 points
appropriate use of the language of law.
Ability to identify and apply the legal principle but with some minor infirmities in the logical 6-8 points
reasoning and language of law.
Unable to identify the legal principle but shows logical reasoning and good command of 3-5 points
language of law in the answer.
Unable to identify the legal principle with poor logical reasoning. Defective use of the 1-2 points
language of law.
No answer. INCLUDED or NOT INCLUDED answer without any explanation. 0 point

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1. During a bank robbery, the perpetrator wore a mask. The mask used is exactly the same as
the perpetrator’s face. Can DISGUISE be used as aggravating circumstance? (10pts)

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2. The perpetrator is convicted of the crime of robbery (property) in the year 2002, while serving
sentence, he committed another crime and was convicted of the crime of theft (property) in the
year 2005. In the year 2011, another conviction for the crime of rape (person). What is the
aggravating circumstance? (10pts)

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“If you can’t explain it simply, you don’t understand it well enough”-Albert Einstein