Pimentel, Mikhael Vince F.

JD 1 – Section D
Criminal Law 1 Final Examination
December 17, 2023

I. A committed an impossible crime, however as per provisions provided by the

RPC, the intent of Person A to kill person B is to be given weight regarding
him incurring criminal liability.

II. The Rule on Offsetting penalties by modifying circumstances is that 2

modifying circumstances against 1 aggravating circumstance is equivalent to
a minimum period of the penalty incurred. Hence, in Mr. A's case, the
penalty for his crimes will be Reclusion Temporal Minimum.

III. A.) According to the terms provided by the RPC, habitual delinquency and
recidivism, differ on the conditions of the offender to qualify for the
said situation, A Habitual Offender needs to commit the same gravity of
felony at least 3 times or more within the last 3 years, meanwhile,
recidivism needs to convicted of 2 felonies under the same title of the
RPC.

B.) Amnesty is the power of the legislative to award freedom to a person

convicted who is already serving his time in prison. It cancels the
criminal liability of the offender, and the person is released from prison
immediately. On the other hand, a pardon is the power of the president to
give freedom to deserving prisoners after they have served the minimum time
required by law for pardon. It relieves the offender of all the criminal
liability committed and may also restore some of their civil rights, such
as the right to vote or hold public office. However, the offender may still
have to pay any civil damages or penalties that resulted from their
actions.

IV. A.) Medium Period

B.) Minimum Period
C.) Maximum Period

V. According to the rules on the proper period for the prescribed penalties,
if one Mitigating Circumstance is present and no other aggravating
circumstance. Only the minimum period of penalty will be awarded to the
offender.

VI. A.) The range of the medium period for Reclusion Temporal is 16 years and 1
day to 18 years.
B.) The range of the minimum period for Prision Correctional is 6 years and
1 day to 8 years.
VII. The RPC provides that the following are ways in which criminal liability
will be extinguished, death, repeal of the law,
VIII. A.) The prescriptive period for crimes punishable by RP is 20 years and 1
day.
B.) The prescriptive period for correctional crimes is 6 months.

IX. A.) As provided by the RPC the prescriptive period for light offenses is 2
months.
B.) As provided by the RPC the prescriptive period for light penalties is 1
month.

X. As provided for by the RPC, the following are included in civil liability
for those criminally liable, first is Reparation, Indemnity, and
Recitivism.
XI. As provided by the RPC the owner of the Hotel is subsidiarily liable for
being the hotel owner, as expressly enumerated in the provisions under the
RPC.