Angelie Regie J.

Estorque
BSCRIM 3-C

PRELIMINARY EXAMINATION IN CRIMINAL LAW

BY: ATTY. CYRIL JAMES V. DOLOR

1. Give the 3 characteristics of Criminal Law

1. GENERAL -
2. TERRITORIAL
3. PROSPECTIVE

2. Give the 3 stages of execution

- CONSUMMATED-

- FRUSTRATED- .

- ATTEMPTED-

3. Define:

-Conspiracy – an act between two or more individuals to make an agreement to do an

unlawful or wrongful act at sometime in the future.

-Proposal- a person who has deciding to commit a crime because of some persons or
individuals.

Multiple Choice
1. A
2. B
3. B
4. B
5. B
Essay

1. After two Filipinos returned to the Philippines from Las Vegas, Nevada, where they
watched the Pacquiao-Mayweather fight, one of them discovered that the other stole
his Rolex watch while they were still in Las Vegas.
Q:
- Is there any criminal liability under Philippine Laws?
- Explain your answer.

Answer: The crime had happened in Las Vegas therefore; the case must be complained and
processed there for it is not included in Philippine jurisdiction that's why it cannot be
persecuted in the Philippines.

2. Trump, The current president of the United States, went to the Philippines to sign an
executive agreement. While on the said place, President Trump was able to encounter a
fist-fight with one of the security guards in NAIA which resulted to the death of the
latter.
Q:

-Is President Trump criminally liable for killing the security guard?
-Explain your answer.

Answer: Trump has no criminal liability in killing the security guard in NAIA because according to RA
75, foreign diplomat or presidents of other countries have the immunity. When the incident happened,
president Trump was there and tasked to sign the executive agreement and not because of personal
matters. On the other hand, if Trump was there for his own interest then he can be considered as liable
to the crime because there is some exemption to the law.

3. Juan, a resident of the United States, forged 100 pieces of Php 1000.00 while residing in
the United States.
The Philippine government wants him to be held criminally liable under our Philippines
Laws, but Juan argues that he did not commit any crime within the National territory of
the Philippines.
Q: -Is Juan correct?

Answer: Juan is still liable for forgery because he violates the revise penal code article 2 and
even though he's out of the country he used Philippine money for forgery. Therefore, he has
criminal liability for it and will be facing penalties for going against it.
 4. During a fist fight between X and Y, the latter ran away to show his desistance to fight,
but the former ran after him and once overtaken, the former gave him fist blow on the
head sending him to lose balance and fell to the ground with his head hitting the
cemented pavement thus causing his death due to cerebral haemorrhage.

Q:

- Is X liable for Y’s death (homicide) or is he merely liable for Physical Injuries?

Answer: The person (x) has a criminal liability of homicide because he punched Y that cause him
to lost balance and fell on the ground and hit his head in the cement, causing his death even
though X’s intention is to punch y only. However,

5. During an altercation in Pier 4 in the Port of Manila, X boxed Y hitting the latter on the
face thus causing him to fall into the water which was deep and murky. Since Y did not
know how to swim, he drowned and eventually died.

Q:

-is X liable for Homicide or Physical Injuries?

Answer: X is liable for homicide even though his intention only is to punch Y but that punch
caused Y to fell into the water, causing Y’s death.

6. A and B, conspiring with one another to commit robbery, entered into the house of C to
commit the same. While they were there, A noticed that C was about to call the police,
to prevent C from reporting to the Police, A killed him.
Assuming that B has nothing to do with the killing and that it was done without his
knowledge.

Q:

-Is B liable for the killing of C even though it was not him who killed the latter?

-Instead of killing C, A raped her. Is B liable for the rape committed?

Answer:

- B is not liable for killing because they only conspired about robbery and he/she has
no idea about A's plan on killing C
- In rape case, B is still excluded from crime because he was only onto the idea of the
robbery as long as he can prove that he had never participated in any other crimes.
If he fails to prove his innocence against the said crimes, then he will be included as
the principal or accomplice depending on his involvement