NORTHERN MINDANAO COLLEGES, INC.

Cabadbaran City

BACHELOR OF SCIENCE IN CRIMINOLOGY

FINAL EXAM

1. Police sergeant Pomoy, went near the door of the jail where Balboa was detained for robbery
and directed the latter to come out, purportedly for tactical interrogation at the investigation
room. At that time, petitioner had a gun, a .45 caliber pistol, tucked in a holster which was
hanging by the side of his belt. The gun was fully embedded in its holster, with only the handle
of the gun protruding from the holster. Balboa tried to remove Pomoy’s gun and the two
grappled for possession of the gun. Thereafter, 2 gunshots were heard. When the source of the
shots was verified, petitioner was seen still holding a .45 caliber pistol, facing Balboa, who was
lying in a pool of blood. Pomoy invoked the defense of accident for his defense. Is Pomoy correct?

2. Accused was found guilty of homicide for stabbing and killing Rivera. Prosecution claimed that
Dela Cruz and Rivera had a relationship and that the accused was madly in love with the
deceased and was extremely jealous of another woman with whom Rivera also had a
relationship. Dela Cruz claimed, on the other hand, that on her way home one evening, Rivera
followed her, embraced and kissed her and touched her private parts. She didn’t know that it
was Rivera and that she was unable to resist the strength of Rivera so she got a knife from her
pocket and stabbed him in defense of her honor.

3. Ty's mother Chua Lao So Un was confined at the Manila Doctors' Hospital from October 1990
until June 1992. Being the patient's daughter, Ty signed the "Acknowledgment of Responsibility
for Payment" in the Contract of Admission. Ty's sister, Judy Chua, was also confined at the same
hospital. The total hospital bills of the two patients amounted to P1,075,592.95. Ty executed a
promissory note wherein she assumed payment of the obligation in installments. To assure
payment of the obligation, she drew 7 postdated checks against Metrobank payable to the
hospital which were all dishonored by the drawee bank and returned unpaid to the hospital due
to insufficiency of funds. For her defense, Ty claimed that she issued the checks because of “an
uncontrollable fear of a greater injury.” She averred that she was forced to issue the checks to
obtain release for her mother who was being inhumanely and harshly treated by the hospital.
She alleged that her mother has comtemplated suicide if she would not be discharged from the
hospital. Ty was found guilty by the lower courts of 7 counts of violation of BP22. Is the Lower
court correct?

4. Amado (deceased) has been courting the accused Avelina in vain. On the day of the crime,
Avelina and Amado were in Church. Amado sat beside Avelina and placed his hand on her thigh.
Thereafter, Avelina took out her knife and stabbed Amado in the neck, causing the death of
Amado. Can defense of Honor be appreciated in this case?

5. The deceased Barion was the banker in the game of black jack. Raposo played the game while
the accused posted himself behind Barion acting as a spotter of the cards of the latter and
communicating it to his partner Raposo. When Barion learned about what Raposo and Alconga
were doing, an exchange of words ensued. One morning, when Alconga was in the guardhouse,
Barion arrived and swung his pingahan at the former but the accused was able to avoid the
blow. In a crawling position, Alconga avoided the following blows and was able to draw his
revolver and shoot Barion. He was able to crawl out of the guardhouse and a hand-to-hand fight
ensued. Having sustained several wounds, Barion ran away but was followed by the accused
and another fight took place. Alconga then slashed Barion’s head with a bolo which caused the
latter’s death. The accused pleaded self-defense. Is the Accused correct?

6. Galang got involved in a quarrel at the town plaza. He was brought to the barangay hall for
questioning by Brgy Captain Capitli. Shortly after, Concepcion arrived and fired his rifle twice or
thrice past the ears of Galang, who was then sitting, but without injuring him. After that,
however, Concepcion thrust the barrel of the gun against the abdomen of Galang. Then there
was an explosion. Galang was shot in the thigh. At least 3 more shots were fired, hitting him in
 NORTHERN MINDANAO COLLEGES, INC.
Cabadbaran City

BACHELOR OF SCIENCE IN CRIMINOLOGY

FINAL EXAM

the chest. Lorenzo died instantly. In his defense Concepcion claimed that the shooting was only
accidental. Is Galang correct?

7. A fiesta was in progress and the accused Ampar went to the kitchen and asked from Patobo
some of the roast pig. Patobo replied, “There is no more. Come here and I will make roast pig
of you.” Later, while Patobo was squatting down, Ampar struck him on the head with an ax,
causing his death the following day. The Trial Court appreciated the mitigating circumstance of
immediate vindication of a grave offense. Is the Trial Court correct?

8. While having a drinking spree in a cottage, Anthony tried to let Dennis Torpio drink gin and as
the latter refused, Anthony bathed Dennis with gin and mauled him several times. Dennis
crawled beneath the table and Anthony tried to stab him with a 29 fan knife but did not hit him.
Dennis got up and ran towards their home. Upon reaching home, he got a knife. He went back
to the cottage by another route and upon arrival Anthony was still there. Upon seeing Dennis,
Anthony avoided Dennis and ran by passing the shore towards the creek but Dennis met him,
blocked him and stabbed him. When he was hit, Anthony ran but got entangled with a fishing
net beside the creek and fell on his back. Dennis then mounted on him and continued stabbing
him resulting to the latters death. Thereafter, Dennis left and slept at a grassy meadow near a
Camp. In the morning, he went to Estrera, a police officer to whom he voluntarily surrendered.
If any, what is/are the circumstance/s that should be appreciated in this case?

9. Brothers Jerry and Jelord Velez were on their way home on board a motorcycle. Jerry was
driving. As they neared a junction, they heard a speeding motorcycle fast approaching from
behind. The brothers ignored the other motorcycle, which caught up with them. As they were
about to cross the bridge leading to their home, gunshots rang out from behind them. They
abruptly turned the motorcycle around towards the direction of the gunfire. The light of their
motorcycle's headlamp fell on their attackers aboard the second motorcycle. The assailants fired
at them a second time and fled. Jerry saw PO3 Villamor and Maghilom on board the motorcycle
behind them. Maghilom was driving the motorcycle while Villamor was holding a short gun
pointed at them. Jerry sustained gunshot wounds but survived. Jelord, however, died on the
spot during the first gunburst. Did the PO3 Villamor and maghilom abuse their position as a
police officer for Article 14 to be appreciated?

10. In the evening of October 25, 1995, Severino Manalo (victim) and Vicente were talking to each
other in front of the house of Alfredo Asi (Alfredo). Then, Vicente saw the accused-appellant
approach Severino from behind and suddenly stab the latter thrice with a white sharp bladed
weapon. The three successive stab blows landed on Severino's back, his stomach and on his
side. Vicente testified that Severino was caught off guard when he was stabbed by the accused-
appellant as the victim was facing the former while they were talking. Immediately after
Severino was stabbed, the accused-appellant fled from the place of the incident. For fear that
he might also be attacked, Vicente scampered away to a safer distance until he reached his
place where he called for help. Vicente, together with some people, returned to the crime scene
where they found Severino sprawled on the ground already dead. Accused raised self-defense
as an excuse. Is there self defense in this case?

11. Amy was tending a video rental shop owned by Marina. Taño kept going in and out of the shop
and on the last time he went inside said shop, he suddenly jumped over the counter, strangled
Amy, poked a knife at the left side of her neck, pulled her towards the kitchen where he forced
her to undress, and gained carnal knowledge of her against her will and consent. Before they
could reach the upper floor, he suddenly pulled Amy down and started mauling her until she lost
consciousness; then he freely ransacked the place. Leaving Amy for dead after repeatedly
banging her head, first on the wall, then on the toilet bowl, he took her bracelet, ring and
 NORTHERN MINDANAO COLLEGES, INC.
Cabadbaran City

BACHELOR OF SCIENCE IN CRIMINOLOGY

FINAL EXAM

wristwatch. He then proceeded upstairs where he took as well the jewelry box containing other
valuables belonging to his victim's employer. The trial court appreciated dwelling as an
aggravating circumstance because the incident took place supposedly at the residence of private
complainant's employer, "which doubles as a video rental shop. Should dwelling be appreciated
in this case?

12. At around 1:30 pm, Bibat stabbed to death one Lloyd del Rosario as the latter was on his way
to school waiting for a ride. The suspect fled while the victim was brought to the hospital where
he was pronounced dead on arrival. A witness testified that the accused and several others often
met in Robles’ house. In one of their meetings, the accused and his companions hid some guns
and “tusok” in the house. Also, other witnesses saw the accused at around 11:30 am with some
companions and heard the plan to kill someone. Can evident premeditation be appreciated in
this case?

13. Both of the families of Andres and that of Gonzalez were on their way to the exit of the Loyola
Memorial Park. Gonzales was with his grandson and 3 housemaids, while Andres was driving
with his pregnant wife, Feliber, his 2yr old son, Kenneth, his nephew Kevin and his sister-in-
law. At an intersection, their two vehicles almost collided. Gonzales continued driving while
Andres tailed Gonzales’ vehicle and cut him off when he found the opportunity to do so, then
got out of his vehicle and knocked on the appellant's car window. Heated exchange of remarks
followed. On his way back to his vehicle, he met Gonzales son, Dino. Andres had a shouting
match this time with Dino. Gonzales then alighted from his car and fired a single shot at the last
window on the left side of Andres' vehicle at an angle away from Andres. The single bullet fired
hit Kenneth, Kevin and Feliber which caused the latters death. Gonzalez is claiming that a
mitigating circumstances of passion and obfuscation should be appreciated in his favor. Is
Gonzales claim correct?