CRIMINAL LAW 1

1. Discuss the different stages in the execution of felony.

Answer.

A felony is consummated when all the elements for its execution and accomplishment are present;
frustrated when the offender performs all the acts of execution that will produce felony as a
consequence but nevertheless, do not produce it by reason of causes independent of the will of the
perpetrator and there is an attempt when the offender commences the commission of a felony directly
by over acts, and does not perform all the acts of execution.

2. Distinguish “DOLO” from “CULPA”

Answer.

“DOLO” (Deceit) there is a deliberate intent while “CULPA” (Fault) when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill

3. During a quarrel X struck Y with a lighted lamp, which broke and fell to the floor, causing the oil to
ignite and set fire to the rug . In the course of the scuffle which ensued. Y’s clothes caught fire, resulting
in burns and his eventual death. Prosecuted for the death of Y, X argued that the death of Y was not his
fault because there was no intention on his part to kill the latter as in fact he merely struck Y with the
lamp . X further argued that the death of Y was accidental and was beyond his control. Rule on X’s
contention. What mitigating circumstance may be applied in the instant case?

Answer. X is guilty of the death of Y but he is entitled to the mitigating circumstance because there was
no intention to kill but only to hurt Y however it resulted to the death of Y

4. What are the conditions in order that an act be said to have been committed with treachery?

Answer. When the means of execution gives the person attacked no opportunity to defend himself and
the means of execution were deliberately adopted.

5. Distinguish a PRINCIPAL BY INDISPENSABLE COOPERATION from an accomplice.

Answer. Principal by indispensable cooperation are those who cooperate in the commission of the
offense by another act without which it would not have been accomplished while an Accomplice are
persons not being included in Article 17, cooperate in the execution of the offense by previous
simultaneous acts.

6. Distinguish Ordinary Mitigating Circumstances from Privileged Mitigating Circumstances

Answer. Ordinary Mitigating Circumstances is susceptible of being offset by any aggravating

circumstance while Privileged Mitigating Circumstances cannot be offset by aggravating circumstance.

7. Mario, a married man keeps a mistress, a pretty San -Ag student. One night after work, Mario, instead
of going home to his family in Jaro, went to the University of San Agustin to fetch his mistress. However,
before he was able to enter the premises, he saw his paramour with another man in a tight embrace at a
dimly lit area just outside the gate of the University, infuriated and blinded by anger, he immediately
picked up a stone, attacked the man, thereby killing the latter. Can Mario avail of the mitigating
circumstance of “Passion and Obfuscation? Discuss.

Answer. No. because the relationship of Mario to the San- Ag student is illegitimate and Passion and
Obfuscation is only applicable to legitimate parties such as husband and wife or father and child.

8. Distinguish crimes committed by means of “DOLO and those committed by means of “CULPA”

Answer. In “DOLO” the element of the crime committed has an intention to do injury to the person,
property, or right of another while in “CULPA” the element of the crime was committed through
imprudence or negligence