MIDttERM EXAMINA 10N

Cttminal Law l
Justice Ed berto(3.Sandoval

1'

A stole a check and deposited it in his own account. The

however, was dishonored. He committed:

A.
B.
C.
D.
2.

Estafa
Theft
Falsification
lmpossible Crime

s shot E, his mortar enemy, but missed

father. This is:

A.
B.
C.
D.
3.

4.

and instead hit F, his own

Error en personae (mistake in identity of the victim)

Aberratio ictus (mistake in the blow)
Praeter intentionem (greater injury results)
S is exempt from criminal liability.

This is an exempting circumstance:

A.
B.
C.
D.

Obedience to an order of a superior

Acting under the compulsion of an irresistible force
Acting on an impulse that produced passion
No intent to commit so grave a wrong

Acts prohibited by special laws:

A.
B.
C.
D.

check,

Mala in se
Mala prohibita
Felonies
Not punishable if done good faith

AdMU

l't

Sem 20L3-14

5.

They cannot be punished even if they committed a crime in the

Philippines:

A.
B.
C.
D.

Consuls and Vice Consuls

Ambassadors of foreign countries
Foreign scholars studying in the Philippines
American citizens
il.

A, holding hostage B, aged 7 years old, asked for a car from the
people who witnessed the hostage-taking, so he can use it in his
escape. Nobody gave A a favorable reply so holding a knife, he raised
his right hand to stab the boy. The Barangay Captain who was present
shot him to death. He was charged with Homicide.
lf you were his lawyer, what defense would you invoke to protect
his interest?
Defense of relative? Why?
Avoidance of greater injury? Why?
Lavvful fulfillment of duty? Why?

1.
2.
3.

il1.

A, with his knife and without provocation, attacked B. B was able to

dodge the assault, to get hold of A's hand with the knife, and to get
possession of it.
With the same knife, B stabbed A to death.
lf you were the Judge, would you sustain the plea of self-defense?
Reason out.

tv.
W, wife, was previously subjected to physical and verbal abuse by
H, her husband. lmmediately after the fifth time H maltreated her, W
stabbed H to death when he fell asleep.
Can W invoke self-defense? Discuss.
ls W criminally liable? How about civilly? Why?
2 AdMU 1" Sem 20L3-14

V.

G, armed with a gun, and K, armed onry with a knife, robbed the
store of s. In the course thereof, B, the Barangay chairman, came.
lmmediately with his drawn gun, B ordered G and K to surrender.
G thereupon fired his gun at B and so B shot back.
After the exchange of shots, G, K, and s were found dead.
Physical evidence showed all the bullets that killed the three (G, K, and
S) came from the gun of B.
Can B be held criminally liable for the death of G? Why?
How about for the killing of K? Why?
How about for the death of S? Why?

3 AdMU

t"

Sem 2oL3-L4