Instruction: This is only a long quiz which covers article 11 to 15 of the

Revised Penal Code. Answer with reason and with legal basis. A mere yes
or no answer has no merit. Use yellow paper and ball pen. Make sure your
penmanship is readable. Submit this on November 3 or 4 during our face
to face class review for the 2nd exam. Goodluck!

1. Maria, a store owner, was robbed of her bracelet in her home. The
following day, at about 5 o'clock in the afternoon, a neighbor, 22-year old Jun-
Jun, who had an unsavory reputation, came to her store to buy bottles of beer.
Lucresia noticed her bracelet wound around the right arm of Jun-Jun. As soon as
the latter left, Maria went to a nearby police station and sought the help of a
policeman on duty, Pat. Willie Reyes. He went with Maria to the house of Jun-
Jun to confront the latter. Pat. Reyes introduced himself as a policeman and tried
to get hold of Jun-Jun who resisted and ran away. Pat. Reyes chased him and
fired two warning shots in the air. Jun-Jun continued to run and when he was
about 7 meters away, Pat, Reyes shot him in the right leg. Jun-Jun was hit and
he fell down but he crawled towards a fence, intending to pass through an
opening underneath. When Pat. Reyes was about 5 meters away, he fired
another shot at Jun-Jun hitting him at the right lower hip. Pat. Reyes brought Jun-
Jun to the hospital, but because of profuse bleeding, he eventually died. Pat
Reyes was subsequently charged with homicide. During the trial, Pat Reyes
raised the defense, by way of exoneration, that he acted in the fulfillment of a
duty. Is the defense tenable? (5 points?)

2. Pedro repeatedly stabbed Juan with a kitchen knife. A managed to escape

with minor injuries, and to run away from Pedro who continued to pursue him.
Juan, upon reaching the safety of his house, took a gun with which to defend
himself against Pedro. Thus armed, Juan went out of his house and dared Pedro
to come forward and fight. In the ensuing struggle, Juan killed Pedro. Charged
with homicide, Juan claimed self-defense. Is Juan entitled to the justifying
circumstance? (5 points)

3.John and Peter, both civilian guards, were seated inside the guardhouse.
While John was cleaning his service pistol, Peter snatched it. In the ensuing
struggle for the possession of the weapon. John succeeded in wresting it from
the hand of Peter. But then the pistol exploded with the bullet hitting the breast of
Andres, another civilian guard, who died as a consequence of the gunshot
wound. Is "A " criminally liable for the death of "C''? Why? (5 points)

4. Peter, an eight-year old boy, is fond of watching the television

program "Zeo Rangers." One evening while he was engrossed watching his
favorite television show, Ana, a maid changed the channel to enable her to
watch "Home Along the Riles." This enraged Peter who got his father's revolver,
and without warning, shot Ana at the back of her head causing her
instantaneous death. Is Peter criminally liable? (5 points)

5. Hilarion, upon seeing his son engaged in a scuffle with Rene, stabbed
and killed the latter. After the stabbing, he brought his son home. The Chief of
Police of the town, accompanied by several policemen, went to Hilarion's house.
Hilarion, upon seeing the approaching policemen, came down from his house to
meet them and voluntarily went with them to the Police Station to be investigated
in connection with the killing. When eventually charged with and convicted of
homicide, Hilarion, on appeal, faulted the trial court for not appreciating in his
favour the mitigating circumstance of voluntary surrender. Is he entitled to such a
mitigating circumstance? Explain. (5 points)

6. At about midnight, X, the accused, attacked fatally an unarmed, 4 feet, 11

inches girl with a hunting knife while she was alone in her room. What
aggravating circumstance or circumstances were present in the commission of
the crime?

7. Bene, a widower, driven by bestial desire, poked a gun on his daughter

Jeny, forcibly undressed her and tied her legs to the bed. He also burned her
face with a lighted cigarrete. Like a madman, he laughed while raping her.
What aggravating circumstances are present in this case?

8. Pedro was invited to a drinking spree by friends. After having had a drink too
many, Pedro and his friend had a heated argument, during which Pedro stabbed
his friend. As a result, the friend suffered serious physical injuries. May the
intoxication of Pedro be considered aggravating or mitigating? (5%)