Saint Vincent College of Cabuyao

Criminology Department
Criminal Law I
QUIZ 2 SY 2020-2021

Name: Mandanas, Gabriel N. Rating: ________________

Section: BS-CRIM 3A5 CRIMLAW1 W- 10:30 / 1:30 Date Taken: Sept 22. 2021

Instruction: Read every questions carefully: Analyze each questions, problems, and situations. Write your answer in the
blank space provided to each corresponding numbers.

I. Enumeration (1 point each)

1. Give at least three (3) sources of Philippine Criminal Law.
- The Revised Penal Code (Act No. 3815)
- Special Penal Laws
- Presidential Decrees issued during Martial Law.

2. Two (2) ways felony is committed under Art. 3, RPC.

- By means of deceit (dolo)
- By means of fault (culpa)

3. Three (3) Classification as to execution.

- Attempted
- Frustrated
- Consummated

4. Three (3) Classification as to gravity of Punishment attached

- Light Felonies
- Less Grave Felonies
- Grave Felonies

5. Give three (6) kinds of defenses to justify criminal liability.

- Defense relative
- Defense stranger
- Defense property

6. Seven (7) circumstances which exempt from criminal liability.

- An imbecile or an insane person, unless the latter has acted during a lucid interval
- A person under nine years of age
- A person over nine years of age and under fifteen unless he has acted with discernment,
- Any person who, while performing a lawful acted with due care causes an injury by mere accident without
fault or intention of causing it
- Any person who act under the compulsion of irresistible force
- Any person who act under the impulse of an uncontrollable fear of an equal or greater injury
- Any person who fails to perform an act required by law, when prevented by some lawful insuperable
cause.

7. Give at least five (5) mitigating circumstances.

- Provocation or threat
 - Under 18 or over 70 years old
- Immediate vindication of relatives of himself or vindication of grave offense
-incomplete justifying or exempting circumstances
- No intention to commit so grave of wrong

8. Give at least five (5) aggravating circumstances.

- That act be committed
- The age of survivor
- Relation between perpetrator and survivor
- Use or threat of use violence
- Multiple perpetrator or accomplice

9. Three (3) Persons Criminally Liable for Felonies.

- Principal
- Accomplices
- Accessories

10. Three (3) Cardinal Features or Characteristics of Criminal Law.

- General
- Prospective
- Territorial

II. Essay. Justify your answer. A mere Yes or No without any justification will not be given merit. (5 points each)

1. Distinguish Crimes Mala Inse and Mala Prohibita.

- Mala inse or evil in self is a crime or act that is inherently immortal, such as a murder arson or rape and Mala prohibita or
prohibited by evil is an act or crime despite the fact that the conduct is not inherently sinful it is banned by law.

2. Distinguish Error in personae and Aberratio Ictus.

- Error in personae is a mistake in identity is harming someone who is mistaken for someone else. The
intended victim isn’t present at the crime scene. Although the strike was directed at the actual victim he
was not the intended victim. And the error in aberration ictus is mistake in blow the person is criminally
responsible for committing an intentional crime or felony. Despite the fact that the real victim differs from
the planed victim due to mistake in blow example suspect waiting to the street to his victim and suspect
and he shot the target and the victim was not hit because the victim dodge the hit of the suspect and
accidentally the bullet hit other people.
-

3. A person enters the dwelling of another. However, at the very moment of his entry and before he could do

anything, he is already apprehended by the household members, can he be charged with attempted
robbery?
- a person who was enter in other property without of the permission of the owner of the property is a kind
of trespassing. For my own opinion no it can be charge a attempted robbery the if you are the owner of the
property the first think in your mind is robbery because if you didn’t know the person come in your
property you think is robbery why because no if the intention of the person is intentional murder you
cannot charge him an robbery the best charge of the person is trespassing .
4. Ah Chong was afraid of bad elements so one evening, before going to bed, he locked himself in his room

and placed a chair against the door. After going to bed, he was awakened by someone who was trying to
open the door. He called out, “Who is there?” twice but received no answer. He then said, “If you enter the
room, I will kill you.” At that moment, he was struck by the chair. Believing he was being attacked, he took a
kitchen knife and stabbed the intruder who turned out to be his roommate. Is he criminally liable?

- A crime against people include physical injury homicide, and murder robbery for example is a property
crime adultery, a chastity crime and libel, a crime against the honor. Even ah Chong didn’t intention to
commit it. The crime is either consummated homicide or murder when the victim dies as a result of the
injury or injuries.

5. X stabbed Y in the abdomen, penetrating the liver and chest of Y. Y was rushed to the hospital and was

given immediate medical treatment. Is X liable for consummated homicide?

- No for me X liable to the frustrated homicide. because in this case frustrated murder case , the accused
commits all the activities he feel are required to complete the crime. Death, for reason completely
unrelated to his violation fails to arrive. Why frustrated homicide it because he was given immediate
medicine but the victim have a deep wounds because of the stab of X.