Criminal Law 1

November 10

(Not more than 10 sentences each answer)

1. Explain why the accused was acquitted by the Supreme Court in People v.
Gonzales. What were the factual findings that supported the Court’s decision?
2. Explain why the US Supreme Court in Robinson v. California held that it is
unconstitutional to punish a defendant for drug addiction.
3. Explain why Romana Silvestre was acquitted in the case of People v. Sylvestre
and Atienza. What were the factual findings that supported the Court’s decision?
What is the significance of the finding that there was no conspiracy to the acquittal?
If there was a finding of conspiracy, will the ruling be the same? Explain.
4. Explain why Section 14 of RA 11053 is not violative of the Constitution?
5. In the rape of Cheryl Araujo, what was the liability of the men who cheered while
men raped Cheryl? What was the liability of the other people in the bar who did not
intervene and call for help?
6. Explain why the court did not convict Jabalde of violation of RA No. 7610. What
were the factual findings that supported this decision?
7. Explain why the court found the accused in People v. Puno liable of robbery. What
were the factual findings that supported this decision?
8. What is the difference between intent and motive?
9. Explain why good faith is not a defense in offenses that are malum prohibitum.
10. Explain the difference between the ruling in US v. Ah Chong and People v. Oanis.
11. Explain the difference between imprudence and negligence. How was this
illustrated in Villareal v. People and People v. Pugay?
12. Explain the difference between aberration ictus, error in personae and praeter
intentionem? What are their significance as to the criminal liability? As to the
penalty to be imposed?
13. Explain what is causation significant to criminal liability. Explain how this was
illustrated in Bataclan v. Medina and People v. Eulo.
14. What is the objective, subjective and indeterminate stage in the commission of a
felony? Explain and give an example.
15. Give at least 5 cases of conspiracy to commit a felony that are punishable by law.
16. Give at least 5 cases of proposal to commit a felony that are punishable by law.
17. What is the effect of the presence and absence of proof of conspiracy to the liability
of the perpetrators of a felony? Explain and give an example.
18. What is implied conspiracy? Give an example.
19. What is the difference between multiple crimes, complex crimes, special
complex crime and continuing crime? Give an example for each.