STUDENT NUMBER:

YEAR AND SECTION:

Republic of the Philippines

Bulacan State University
City of Malolos, Bulacan
Tel/Fax (044) 919-7800 loc. 1083

COLLEGE OF LAW

DEPARTMENTAL EXAMINATION IN CRIMINAL LAW I

First (1st) Semester; School Year 2020-2021
March 10, 2021; 5:30-7:30PM

INSTRUCTIONS
This questionnaire is in essay and objective type with (ten) (10) questions with sub-questions
equivalent to 100%, in (five (5) pages). Encode your answers in the corresponding portions
provided in this examination questionnaire. Answer the questions directly and concisely. Do
not repeat the questions. Make sure you do not insert your name or any extraneous note/s or
distinctive marking/s on this questionnaire that can serve as an identifying mark/s.

I.
PCPL Elvin De Guzman Jr., a member of the QCPD District Special Operation Unit (DSOU) Buy
Bust Unit, declared that he instructed Garado to buy shabu worth P6M to Don Ramon, a
notorious big time drug pusher in MacDonald’s Paragon Place in Commonwealth Quezon City.
PCPL De Guzman Jr. and Garado talked, then the latter went to the place and bought a kilo of
shabu. A shoot out ensued in the Macdonald’s with the PDEA, where the transaction with Don
Ramon occurred. Garado was caught with the shabu in him which he bought from Don Ramon,
who was shot dead in the gunfire. Garado was charged by PCPL De Guzman Jr. with the illegal
trading and possession of dangerous drug.

a.) Is Garado, criminally liable? Why? (5%)

ANSWER:

b.) Distinguish entrapment from instigation? (5%)

ANSWER:

II.
Ka Roger was red tagged by Police General Lim for constantly raising his right hand in fist
posture each time he joins the activist rally. One day, PGen. Lim was armed with an M16 rifle
and a machine gun, together with PCPL Juan equipped with a butcher’s knife in him. The two
were walking in a grassy road in Barangay Ubihan, Meyauayan City, Bulacan. They suddenly
saw there Ka Roger in front of them also walking. PGen. Lim pushed Ka Roger and
simultaneous thereto PCPL Juan stabbed him. Ka Roger instantaneously died as he felled to the
ground. Gen. Lim stripped and exposed the body of Ka Roger. PCPL Juan chopped off the
former’s arms and legs. Then he beheaded his corpse. He cut open the stomach and pulled out
the intestines. Going back to the dismembered corpse, Gen. Lim pulled out Ka Roger’s liver and
lung’s while triumphantly raising them, shouting: “Tara gawin na natin itong pulutan!”. Is
ignominy as aggravating circumstance, present in this case? Justify your answer. (10%)
ANSWER:

III.
Romeo was charged with Homicide for the killing of Paolo and an Information for Homicide
was subsequently filed by the Investigating Prosecutor. When Romeo came to know of the
Information filed in court against him, he presented himself before the police authorities with
his counsel and posted bail. During arraignment, Romeo pleaded guilty but would like to prove
the mitigating circumstance of having killed Paolo because the latter was courting his live-in
partner, Analisa, and thus, Romeo acted upon an impulse so powerful as naturally to have
produced passion and obfuscation.

a.) If you were the judge, what are the attending mitigating circumstances that you will consider
to compute the penalty you will imposed on Romeo. Why? (5%)
ANSWER:

b.) Will you consider passion or obfuscation to have attended the killing of Paolo? Why?
Discuss your answer by citing your legal basis. (5%)
ANSWER:

c.) Taking into account the attendant ordinary mitigating circumstances you appreciated in
Question a, what should be the imposable penalty? If you were the judge, what actual
indeterminate penalty will you impose on Romeo if the prescribed penalty for the crime of
Homicide is Reclusion Temporal? Cite your legal basis. (5%)
ANSWER:
 IV.
Rodel and Erwin are bestfriends. On February 14, 2021, Rodel saw her ex-girlfriend holding
hands with Mathew. Furious, Rodel challenged Mathew to a fistfight. When Erwin saw the two
fighting, he held Mathew’s both arms while his bestfriend continues punching the face of
Mathew causing the latter to get blind. An Information for Serious Physical Injuries is filed
against Rodel and Erwin, in conspiracy, particularly alleging therein that Erwin who is a minor,
acted with discernment. The Court convicted both for the crime charged in the Information.
Under Art. 263 (1), of the RPC, the prescribed penalty for the said felony is prision mayor in its
full extent. If you were the Court, what actual Indeterminate Penalty will you impose upon
Rodel and Erwin? Discuss and cite your legal bases. (10%)
ANSWER:

V.
Claire, a barangay kagawad in their place, induced Jelica, Mary Rose, Kay and Karla, to
purchase from her tickets for the upcoming barangay Zumba in which the world renowned
Zumba instructor Rowell Gray will be teaching, and collected P200.00 from each of them. When
Jelica, Mary Rose, Kay and Karla learned that each ticket costs only P100.00, they filed a case for
estafa against Claire, attended by the aggravating circumstance of taking advantage of official
position. Discuss with legal reasons the merit of their complaint. (10%)
ANSWER:

VI.
Robbers took and carried away the sofa bed with golden headboard belonging to Liberty. The
same was later on found in the possession of Mariane who acquired it without knowing that it
had been illegally taken. When Liberty informed Mariane that she was illegally deprived of her
property, the latter demanded that she be paid one-half of what she had paid for such sofa bed
with golden headboard. Liberty promised to come back with the money, however when she
returned, Mariane told her that she had already returned the sofa bed to the person who sold it
to her. Can Mariane be charged as an accessory to the crime of theft? Justify your answer. (5%)
ANSWER:

VII.
Fifteen years and one-month old Jason have been courting Elena and interested with the latter.
Philippe, eighteen years of age and best friend of Jayson, who knows of Jayson’s feelings
towards Elena had a chance and dragged Elena, using violence towards a place where Jason
was. Philippe left the two where Jason raped Elena. Jayson at that time acted with discernment.

a) Is Jayson criminally liable for raping Elena? Why?(5%)

ANSWER:

b) What is the participation of Philippe in the crime of rape committed by Jayson? (5%)
ANSWER:

VIII.
Daniel and Kathryn were married but had been living separately due to irreconcilable
differences. Daniel then later met Nadine and fell in love with her. Thinking that he could
marry Nadine if Kathryn were to die, Daniel decided to kill Kathryn. He secretly followed
Kathryn for weeks to learn her daily routine. He decided to kill her at night on her way home.
On the night he was to kill Kathryn. Daniel wore dark clothing so that he would not be easily
seen. He waited for in the dark alley for Kathryn to pass by. He saw someone whom he thought
looked like Kathryn and shot her with a revolver. The bullet passed through the person’s head
and grazed another passerby’s arm. Some bystanders who heard the shot were able to stop
Daniel. It turned out that Kathryn did not report for work on that day, and the one who was
shot in the head was Julia, who died. A passerby whose arm was grazed by the bullet required
medical attendance for two days.

a) Did Daniel incur any criminal liability for the killing of Julia? Explain. (5%)
ANSWER:
b) Did Daniel incur criminal liability on the injury sustained by the passerby? Explain. (5%)
ANSWER:
 IX.

A and B was playing card game. As A had never won in any of their games, and thinking that
he was being cheated, he confronted B for which an argument ensued. The incident brewed up
until A stabbed B with a knife on his chest. B found the way to escape and in spite of his weak
condition, he managed to leave the place. On his way home, there was a heavy down pour with
intermittent lightnings. Unfortunately, one of the lightnings struck B and instantly died. A was
prosecuted for Homicide under a proximate cause doctrine.

a) What is a proximate cause doctrine? (5%)

ANSWER:

b) Is A liable for the crime of homicide? If in the negative, what crime, if any, has been
committed? (5%)
ANSWER:

X.

A father raped his daughter five (5) times for which he was charged for five (5) counts of rape.
After trial, the court convicted him on all counts and sentenced him with reclusion perpetua for
each count.

a) How shall the convict serve the penalty if given multiple sentences? (5%)

ANSWER:

b) If to serve all the sentences, what is the maximum duration of his sentence, and under what
basis? (5%)

ANSWER:

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