FIRST EXAM -----CRIMINAL LAW 1 September 5, 2013

JUDGE ROWENA APAO-ADLAWAN

Section: WIGMORE

NAME: ____________________________________________

PART I: Choose the best answer by encircling the entire letter and the given
phrase. FOLLOW THE INSTRUCTION STRICTLY. This questionnaire MUST be
inserted in your notebook upon submission. IF YOU ARE CAUGHT CHEATING,
YOU CAN KISS LAW SCHOOL GOODBYE. (1 point each)

1)Under Article 10 of the Revised Penal Code, “Offenses which are or in

the future may be punishable under special laws are not subject to the
provisions of this Code. This Code shall be supplementary to such laws,
unless the latter should specifically provide the contrary.” Which of the
following statement is true:

A. The article is composed of two clauses and they are contradictory with
each other.

B. The article is composed of two clauses and they complement each other.

C. Said provision only restates the elemental rule of statutory construction

that special legal provisions prevail over general ones.

D. Said clauses are not contradictory hence there is no reason to reconcile

them.

2) What is an Equipoise Rule in Criminal Law?

A. When there is doubt on which side the evidence preponderates, the party
having the burden of proof wins.

B. When the inculpatory facts and circumstances are capable of two or

more explanations, one of which is consistent with his guilt, the case shall be
resolved in favor of State.

C. When the inculpatory facts and circumstances are capable of two or

more explanations, one of which is consistent with his guilt, the case shall be
resolved in favor of the accused.

D. Even if the evidence does not fulfill the test of moral certainty, the
accused can be convicted.

3) On July 1, 2014, X was on way home aboard a passenger jeepney

driven by her husband, Y. As she and her young granddaughter were
alighting from the jeepney, X heard two successive gunshots. At the time
she heard the sound of the first gunshot, she was helping her
granddaughter get off the jeepney but got a glimpse of her husband lying
face down on the steering wheel. She heard another gunshot and
immediately took cover embracing her granddaughter. She felt that she
had also been hit by gunfire. A few seconds later, X stood up and saw Z
walking away carrying a gun. X was approximately 7 meters away from
Z whom she recognized. She cried out for help and her son came out from
their house and embraced her who noticed that she was also hit because
she had blood at her back. She lost consciousness but regain her
bearings soon enough. She was thereafter taken to the Davao Doctor’s
Hospital and treated there for one day. What crime did Z commit insofar
as X is concerned?
 A. None. X’ injury is only a “collateral damage” because X was not the
intended victim but Y only.

B. Attempted Murder.

C. Frustrated Murder.

D. Consummated Murder.

4) Roger, husband of Lorna has for a long time physically and mentally
tortured his wife. After one episode of beating, Lorna took Roger’s gun
and shot him dead. Under the circumstances, her act constitutes

A. mitigating vindication of grave offense.

B. battered woman syndrome, a complete self-defense.

C. incomplete self-defense.

D. mitigating passion and obfuscation.

5) The crime of theft may be committed in what stage?

A. Attempted and Consummated Stages only

B. Attempted and Frustrated Stages only

C. Frustrated and Consummated Stages only

D. Consummated Stage only

6) Three men gave Arnold fist blows and kicks causing him to fall. As
they surrounded and continued hitting him, he grabbed a knife he had in
his pocket and stabbed one of the men straight to the heart. What crime
did Arnold commit?

A. Homicide with incomplete self-defense, since he could have run from his
aggressors.

B. Homicide, since he knew that stabbing a person in the heart is fatal.

C. Homicide mitigated by incomplete self-defense, since stabbing a person to

the heart is excessive.

D. No crime, since he needed to repel the aggression, employing reasonable

means for doing so.

7) Which statement is not true on justifying circumstance

A.The circumstance affects the actor, not the act.

B. Since the act is not a crime, there is no criminal.

C. The act is done within legal bounds, hence considered not a crime.

D. Since there is no crime, no criminal liability.

8) Minority is an exempting circumstance when the child is

A. 15 years and below acting without discernment.

B. above 15 years but below 18 acting without discernment.

C. below 18 years acting with discernment.

D. 18 years old at the time of the commission of the crime acting with
discernment.

9. A, B and C, all members of the BIFF from the South and who are all
Filipinos placed a bomb inside the premises of the Philippine Embassy in
Beirut for the purpose of getting international attention about their
organization. Before it could detonate, policemen in Libya were able to
successfully remove the blasting cap thus preventing devastation. A, B,
and C thru Facebook apologized their misdeeds. Upon arrival in the
Philippines, A, B and C were all arrested.

A.The arrest is unlawful as they did not commit any crime in the Philippine soil.

B. They cannot be prosecuted in the Philippines because of the principle of

generality.

C. They cannot be prosecuted in the Philippines because of the principle of

territoriality.

D. The arrest is lawful because the crime committed falls under the principle of
extra-territoriality.

10. Are special laws amending certain provision of the Revised Penal
Code considered Mala Prohibita?

A.Yes, precisely they are called special laws and they do not come within the
sphere of the Revised Penal Code.

B.Yes, special laws carry the latest intention of the legislature.

C.No, they are intended to stand on its own.

D.No, they are intended merely as amendments and are considered mala
in se.

PART II: FOR ESSAY TYPE, WRITE YOUR ANSWER IN THE YOUR
NOTEBOOK. Instructions: (1) Write legibly. Deductions shall be made for
illegible handwriting; (2) Avoid unnecessary erasures and markings; (3) A mere
yes or no answer merits no points; (4) Be sure to use the proper punctuations,
grammar and spelling; (5) Do not repeat the question; (6) Make your answer as
complete and as comprehensive as possible citing the appropriate legal
provisions and relevant jurisprudence, if any; (7) IF YOU ARE CAUGHT
CHEATING, YOU CAN KISS LAW SCHOOL GOODBYE.

I. Lex is a dashing young man. One night, he went to Hotlegs Disco Bar along
CM Recto Street. While having cocktails, a beautiful lady approached him. The
lady introduced herself as Martina, a college student. In the course of their
conversation, Lex offered her some drinks and she obliged. When the night was
deepening, and Lex sensed that Martina likes him, he proposed that they go to
a more private place. Martina agreed right away. That night, Lex had carnal
knowledge of Martina. After two (2) weeks, Lex got the shock of his life. He
received a subpoena from the City Prosecution’s Office that he is being charged
of rape. The complaint states that Martina is demented. Under RA 8353 (Anti-
Rape Law) which amended Art. 335 (Rape) of the Revised Penal Code, the crime
of rape can be committed if a person shall have carnal knowledge with a
demented.
If you were the lawyer of Lex, what would be your defense? Explain. (10
points)

II. Four (4) culprits armed with firearms and with intent to kill Y went to the
house of the latter. After having pinpointed Y’s room, all four fired their guns
and riddled the room of Y with bullet. The door was destroyed as well as its
windows. It so happen that Y did not come that night. The accused were
prosecuted and convicted before the Regional Trial Court for Attempted Murder.
On appeal, appellants argued that the lower court erred as they should be liable
only for an impossible crime to commit murder. Resolve with reason. (10 points

III. a) A and B went to Macau as tourists. On the eve of their departure to the
Philippines, A stole the expensive watch of B while they were inside their hotel.
When they arrived home, that was the time B realized that A stole his watch
while they were in Macau. B filed a case of theft against A. Will the charge
prosper? Why? (5 points)

b) George and Michael were passengers of Panama Treasures, a luxurious

merchant vessel registered in Panama. While the vessel was docked at Manila
Bay, George and Michael quarreled. George stabbed Michael who died as a
result. George was arrested by the police. Can George be tried before the
Philippine courts? Why? (5 points)

IV. Malou Loy-on eloped with Isko after all the wedding preparations with Robin
were made. She does not love Robin because aside from his bad attitudes, he is
also a womanizer, a drunkard, and has a face only his mother could love. It was
because of their parents’ pre-arrangement that Malou Loy-on said yes to Robin
and agreed to get married. She was a no-show at the church wedding. Malou
Loy-on was charged with Slander by Deed for causing grave embarrassment to
Robin and his family. Robin has become the subject of ridicule among his
friends. What possible justifying circumstance/s could Malou Loy-on use as her
defense? Discuss with reason. (10 points)

V. a) Distinguish conspiracy as a crime from conspiracy as a manner of

incurring criminal liability. (5 points)

b) What is an impossible crime? (2.5 points)

c) What is aberratio ictus? (2.5 points

VI. a) What do you understand by the principle of “extra-territorial application”

of criminal law? Cite examples. (5 points)

b) Jimmy picked the pocket of Noli and succeeded in extracting Noli’s

wallet. Once in possession of the wallet, Jimmy opened it, but finding it empty,
he threw away the wallet. Is Jimmy guilty of an impossible crime? Why? (5
points)

VII. a) What are the general characteristics of Criminal Law? Explain. (5 points)

b) When did the Revised Penal Code take effect? (2.5 points)
 c) Distinguish mala in se from mala prohibita. (2.5 points

VIII. A slapped B and thereafter attacked him with a bolo. A hacked B twice
and inflicted injuries upon B. A continued his attack upon B. Thereupon, B
defended himself and parried the attack of A using his bolo. A fell on the ground
still holding the bolo. When B was about to hack A, that was the time when C,
the brother of A arrived. Before B could hack A, C shot B who died as a result.
Is C liable? Why? (10 points)

IX. a) Give at least five (5) principles on how penal laws are construed. Discuss
each. (5 points)

b) What are the limitations on the power of Congress to enact penal laws?
Explain. (5 points)