CRIMINAL LAW 2 FINALS 2000-2003

ATTY. AMURAO
1. Upon orders from the higher command, Musang Sabong, a member of the Moro-Islamic Liberation Font
(MILF), placed powerful bombs with timing devices in his backpack, proceeded to the Davao International
Airport and mingled with the crowd at the arrival area pretending to welcome a relative coming from Manila on
board a Cebu Pacific Air Flight. Unnoticed by anyone, he placed the backpack under his seat and left. After
several minutes, the bomb exploded instantly killing 50 welcomers, seriously injuring 100 others and ripping
off the roof of the airport. What crime or crimes will you charge Musang Sabong with?
2. While under the influence of shabu, Frank invited Ernie to a drinking session in a karaoke bar. After
consuming several bottles of beer, a heated altercation occurred between them resulting in a fistfight which
was immediately broken up by the security. Frank repeatedly warned that he would not stop until he kills
Ernie. Ernie left and as he was waiting for a taxi, Frank stabbed him which caused his death. What crime will
you charge Frank?
3. Dr. San Pedro, a physician duly accredited by the dangerous Drugs Board was in charge of conducting
drug test to applicants for a drivers license at the LTO. He issued Jorge, the son of his best friend, who was
applying for a drivers licenses a certification to the effect that Jorge was found NEGATIVE of any trace of
dangerous drugs, qualifying him to be issued a drivers license when the truth is that Jorge is a drug addict
and this showed in his drug test. What crime or crimes will you charge Dr. San Pedro?
4. Major Suhol and his men apprehended 3 Chinese nationals in possession of 3 kilos of shabu placed inside
their car parked inside the parking lot of Es-Em Mall. This is punishable by death penalty. Upon the
intervention of an intermediary, Major Suhol agreed not to bring the 3 to PNP Headquarters for investigation
and prosecution in court. In return, the intermediary would give to Major Suhol the 3 kilos of shabu seized in
addition to a brand new Civic car and P500,000.00. What crime or crimes may Major Suhol be liable?
5. Sheriff Noli seized and levied upon all the personal properties of the judgment debtor for the satisfaction of
judgment rendered by Manila RTC. He deposited them for safekeeping in a warehouse owned by Manny,
who took interest in several properties and took and appropriated for himself without the consent of Sheriff
Noli. What crime or crimes will you prosecute Manny for?
6. While driving his passenger jeepney in disregard of traffic rules and regulations, Bugoy hit a pregnant
woman who was crossing the street. Due to the impact, the woman was thrown several meters away. She
was rushed to the nearest hospital. She survived but suffered an abortion. What crime will you charge Bugoy
for?
7. Through mutual consent, the adopting father had sexual intercourse with his 16-year old adopted
daughter. What crime will you prosecute the father for?
8. Due to a long standing grudge, Cosmo ambushed and killed Alberto. As Alberto lay dead on the side of
the road, Cosme noticed Albertos expensive watch, ring, bracelet, and necklace which he all took. What
crime or crimes will you prosecute Cosmo for?
9. A, B, C, and D, all armed, proceeded to rob a bank. Each one had specific assignments. A was assigned
to neutralize the guard. B to keep watch of any suspicious moves of the bank depositors and employees. C
was assigned to watch the branch manager and D to scoop the money. When D was scooping the money,
the branch manager tried to get his gun in his attach case. C fired at him inflicting on him a mortal wound
which killed him instantly. The robbers fled. What crime or crimes may A, B, C, and D be liable for?
10. Johnny drove his fathers car without the latters consent to a street behind their house where he
dismantled the cars radio and cassette. He sold them to a second-hand dealer and used the proceeds to
buy shabu. He abandoned the car on the street and never returned home. Johnny claimed that he is only
civilly liable for the crime that he committed. Is he legally correct? Why?

CRIMINAL LAW II FINALS 2000

ATTY. AMURAO
1. Roland, 19 years old, was prosecuted for illegal possession of shabu. Being a first offender, he was
placed on probation under the supervision of the Dangerous Drugs Board for 6 months. Thereacourt
dismisses his case and orders his discharge. Later, he took the CPA Board Examination, in the application
under oath, he answered No to the question of whether or not any criminal case has ever been filed against
him in any court I the Phillippines. What crime, if any, may he be prosecuted for? Why?
2. Armed with a search warrant, the NBI agents went to the house of Mr. Chi to search the same for
prohibited drugs. Finding no prohibited rugs, one NBI agent placed a box full of dried marijuana leaves inside
Mr. Chis cabinet and through threat of prosecution for violation of the Dangerous Drugs Law, demanded
P100,000.00 from Mr. Chi who gave the amount out of fear. What crime or crimes may the NBI agents be
liable for? Why?
3. B challenged X to a fight and thereafter frontally assaulted the latter. X parried the blow and a physical
struggle ensued. X, who was bigger and stronger, overposered B who was already exhausted and helplessly
lying with his face down to the ground, with X sitting on his back. In this position, X removed his belt, tied his
hands therewith and stood up in order to reach for a boulder of stone nearby which he dropped on the head
of B which caused his death. What crime, if any, will you charge B with? Why?
4. While studying in Manila, M lived with his sister who was married to B. One afternoon, M saw Bs car
parked on the street in front of their house. M got the key to Bs car without the latters knowledge, drove the
car to another street behind the house where he took the stereo sets and the two side mirrors which he later
sold in order to finance his assorted fees, leaving the car thereat. What crime, if any, will you prosecute M
for? Why?
5. The father had sexual intercourse with his 17-year old daughter whom he has been providing with support
and education. The daughter admitted that the sexual intercourse was with her consent. If you were the
Public Prosecutor, what crime/s will you charge the father with? Why?
6. Y, a custodian of records in a private lending company, brought home the promissory note and the chattel
mortgage contract executed by his parents as evidence of indebtedness to the company. For failure of the
parents to pay their obligation on the due date, the company filed a civil case in court for the collection of
indebtedness. The court, however, dismissed the civil case for failure of the company to present evidence of
the obligation the said, promissory note and chattel mortgage contract. What crime/s, if any, will you charge X
with? Why?
7. H, a house maid, entered the opened masters bedroom in order to clean the same. Seeing the masters
locked jewelry box on the dresser set, H took it in order to bring it outside the house where she thought of
dropping a boulder of stone to force to open it. However, before she could exit at the back door, she met her
masters son who grabbed the jewelry box from her. What crime, if any, will you charge H with? Why?
8. ABC Corporation leased its building together with all the equipment, TV sets and airconditioning units
therein to S with the agreement that upon the termination of the lease, S will return the same to ABC
Corporation. When the lease agreement expired, S carried away all the 50 air conditioning units without the
knowledge and consent of the corporations representative. What crime, if any, will you prosecute S for?
Why?
9. One Friday evening, M purchased grocery items from B in the amount of P10,000.00. Since M did not
have the cash, he gave B a check worth P10,000.00 given by his client as a guarantee that M will come back
the following Monday to replace the check with his own. As promised, he returned the following Monday and
replaced the check. On the same day, B deposited Ms check with the bank which dishonored the same for
lack of sufficient funds. M failed to pay the amount despite demands. Although B had already filed a criminal
case for violation of BP 22 against M, he still asked for your advice whether he can still file a case of estafa
against M. What will be your advice?
10. As payment for his indebtedness, C gave Y a check in the amount of P100,000.00 on July 1, 1999 with
the request to deposit the same after 5 days, since C was expecting his customers to pay him their accounts
within this period. ON the 5th day, C called Y and asked the latter not to deposit the check until August 15,
1999 to which Y agreed on condition that the account shall bear of 3% per month. On August 15, 1999, C

again called Y and requested the latter to deposit the check on October 5, 1999, with the same rate of interest
on the assurance that in the event C cannot pay on October 5, 1999, C will assign his car to Y. Whey Y
deposited the check on October 5, 1999, the same bounced for insufficient funds and despite demands, C
failed to pay the value of the check. What crime or crimes, if any, will you charge C with? Why?

CRIMINAL LAW II MIDTERMS 1998

ATTY. AMURAO
1.

An NBI agent who had a long standing grudge with his neighbor executed an affidavit stating therein
that guns and ammunitions are inside the house of his neighbor Louis. The same affidavit was
presented to the Judge and on the basis thereof said Judge issued a warrant of arrest. Upon the
execution of the warrant, neither guns nor ammunition was found in said house. What crime or
crimes did the NBI agent commit?

2. Congressman Jose was charged with the crime of murder for which the punishment was prision
mayor. In view with such information, the police arrested Congressman Jose. Congressman Jose
filed an information against the arresting officer for violation of parliamentary immunity. As the Judge,
how would you decide the case before you.
3. Elisa went to the police headquarters charging Arnel for rape. Elisa narrated to the policemen what
happened and consequently proceeded to the house of Arnel and arrested him. Five days after his
arrest, an information of rape was filed against Arnel. Arnels mother was seeking your advice of the
matter. What advice will you give and what crime was committed by the arresting officers?
4. The prosecutor filed a case of murder against John. In lieu of which, John was arrested and no bail
was permitted on him. In a baptismal party, Johns brother saw the prosecutor and shot him thereby
resulting to the death of said prosecutor. What crimes did Johns brother commit?
5. A priest presented a baptismal certificate dated 17 September 1999 which certificate Bella used for
admission to San Beda. Said institution requires that their students be members of the Catholic
Church as a requisite for entrance thereto. The truth of the matter is that Bella has never been
baptized. What crime/s if any, was committed by the priest?
6. Gregorio Honasan and company for the purpose of taking Malacanang, went to said place and seized
the chief executive. In a separate building, other presidential security men were killed and another
building was burned. What crime/s if any, did Honasan and company be held liable for?
7. Pol and Lis, policemen, entered a house whose doors were opened. While in the sala and in search
of three boxes of marijuana allegedly kept therein, the owner of the house noticing their presence
asked them to stop the search and leave which Pol and Lis did. What crime/s has been committed by
the two?
8. Cebu Pacific, an aircraft registered in the Philippines was destined for Cebu. Vero and Elen boarded
said plane put their things on the racks, brought out their guns and went to the cockpit and seized its
control. Vero and Elen ordered the doors of the plane to be closed and at gun point told the pilot to
change their destination to Zamboanga. What crime/s did the two commit?
9. MV Dona Tara was crossing the low water mark bound for Cebu when Tony, a passenger of said
vessel divested 5 other passengers of their jewelries and other precious belongings. What crime/s
may Tony be held liable for?
CRIMINAL LAW II FINALS 2002-2003
ATTY. AMURAO

1.

In the middle of the night, A forced open the door of Ms apartment. Entering thru the door, he found
Ms motorcycle in the sala. He pushed the motorcycle out of the apartment, rode on it and never
returned the same. What crime did A commit? Explain your answer.

2. On June 1, 1990, A issued a check to X in the amount of P100,000 in payment of an obligation

although his money deposited in the bank was only P70,000. He expected the check to be covered
by his collections the following day. On the same day, X met an accident and was hospitalized until
September 20, 1990. After his discharge from the hospital, he presented the check to the bank for
payment. The bank dishonored the check for lack of funds and despite demands, A failed to pay the
value thereof. Discusss the criminal liability, if any, of A.
3. A, B, and C with the intent to steal the motorized banca of X, rode on the banca with other
passengers. In the middle of the sea, A started firing his revolver at the passenger, who, out of the
blue jumped into the sea and drowned. Thereafter, A, B, and C, took possession of the banca. What
crime was committed by A, B, and C? Why?
4. A, clerk of court, took ten P50-bills marked as exhibits in court in connection with the case pending
therein and then misappropriated the same. What is the crime committed if any? Why?
5. After destroying the gate of B, A entered the yard and forcibly opened the coral by destroying the
nailed wooden strips. Thereafter, A took and carried away from the corral Bs cow. What crime, if any,
did A commit? Why?
6. A, a commission salesman of XY Co., delivered several office machines worth P13,000 to a
prospective customer on a trial basis. After a few days, A withdrew the same machines from the
customer who decided not to buy them and pawned them all with several pawnshops. The manager
of XY Co. called As attention who merely promised to return the same which promise was not fulfilled.
If you were the prosecutor, what crime or crimes will you charge A with? Give your reason.
7. A policeman arrested Yap for possession of opium and threatened to prosecute him unless he gives
P50,000 which amount was given because of threat. If you were the judge, what crime will you
convict the policeman of? Why?
8. A, an elementary school teacher, through a promise of making G, his female pupil who was 11 yrs.
old, the class valedictorian upon graduation, succeeded in making G perform lascivious acts on his
private parts. What crime if any was committed by A? Why?
9. Jack inadvertently left his unlicensed firearm when he alighted from a taxi. The driver upon seeing the
firearm picked it up and handed the same to the property custodian of Makati Police Station who sold
it to a friend. What crime, if any, did the property custodial commit? Why?
10. The accused had carnal knowledge of the married sister who was 23 yrs old, legally separated and a
prostitute. Determine the criminal liability of the accused and the sister, if any.

CRIMINAL LAW II FINALS 1998

ATTY. AMURAO

1.

Five students in an exclusive Catholic high school prepared and signed a letter addressed to the
principal denouncing a male teacher for being a habitual drunkard, a gambler, a womanizer, and for
being rough and rude in his demeanor towards the students calling him a sex maniac for his lewd
passes to them. The principal called the attention of the teacher and showed him the letter which
turned out to have been disseminated to other school officials. The teacher filed a criminal case for
libel against the five students which was assigned for preliminary investigation to you as a public
prosecutor. How will you resolve the case? Reason out your answer.

2. H and W were married in the province with a forged marriage license and thereafter lived together as
husband and wife for many years. Owing to the demand of his work, H was transferred to Makati City
which necessitated that he be separated from the wife who was staying in the province. While in
Makati City, H and a female co-employee fell in love with each other and got married before a city
judge. W learned about his marriage so she filed a criminal case against H for bigamy. If you were
the judge, how will you decide the case? Reason out your answer.
3. Two Arab nationals tied the hands and feet of a teenage male co-boarder and laid his face down on
the floor. In this position, they took turns satisfying their lust by inserting their sexual organs into the
boys anus. If you were the counsel for the boy, what crime will you charge the two Arab nationals
with? Why?
4. Under the same facts in the immediately preceding problem, and with the additional facts that during
the preliminary investigation in the office of the public prosecutor, the teenage boy decided to
expressly pardon the two Arab nationals having been given a substantial amount of money. The boy
filed an affidavit of desistance stating that he had already expressly pardoned the two Arabs for the
crime they committed and requested the public prosecutor to dismiss the criminal case. Assuming
that you are the public prosecutor, will you grant the boys request? Why?
5. A borrowed the key of Ms car and drove the same to another residential subdivision where A took all
the cars accessories and fled leaving the car behind. What crime may A be prosecuted for? Why?
6. A, an appliance salesman, left the appliances he is offering for sale in the house of X on a trial basis
with the understanding that if she does not call his office within one week, the appliances are deemed
sold. The following day, X sold the appliances to her neighbor. Despite demands, X failed to return
the appliances or deliver the proceeds of the same. What crime, if any, may you prosecute X for?
Why?
7. In payment of his obligation, X issued to his brother, who is living in the same house, a check
amounting to P20,000 which however was dishonored by the bank when presented for payment for
insufficiency of funds. Despite demands, X failed to make good the value of the check. What crime, if
any, may X be prosecuted for? Why?
8. Tomas, the collector of ABC Company, collected P500,000 from its customers in Metro Manila.
Instead of remitting the collections to the company, Tomas used it to finish the construction of his
house. After the president of the company demanded remittance of the collection, Tomas pleaded to
the president and offered to pay the same through salary deduction at the rate of P25,000 per month.
The president agreed and Tomas executed a promissory note. After four months, Tomas resigned
form the company and failed to comply with the terms of the promissory note. As the companys
lawyer, you were asked by the president if you can still prosecute Tomas for Estafa. How will you
advise your president? Why?
9. A, B, C, D, and E, all armed with firearms, went to the house of X one night in order to commit
robbery. A stood guard near the gate as a look-out. B and C ransacked all the rooms on the ground
floor. D and E ransacked all the rooms on the second floor. When E opened the masters bedroom,
he saw the owner of the house already holding a gun, hence, he immediately shot the owner who died
on the spot. May A, B, C, D, and E be all liable for the crime of robbery with homicide? Why?
10. Armed with a search warrant, the NBI agents went to the condominium unit of Mr. Chi, a Taiwanese,
to search the same for prohibited drugs. Finding no prohibited drugs, one NBI agent placed a box full
of marijuana leaves under Mr. Chis bed and through threat of prosecution for violation of the

Dangerous Drugs Law demanded P100,000 from Mr. Chi which the latter gave out of fear. What
crime may the NBI agent be prosecuted for? Why?

Criminal Law 2 Finals 2008

Atty. Max Amurao

1.
Police Supt. Hanay set up check points in guise of preventing farmers and laborers from joining the
mass rally in Makati and to demand truth and transparency concerning the NBN-ZTE deal and North and
South Railway Road.

2.
X was going out of a store warehouse when A, B and C took him by force. After 3 days, they called
X's wife and demanded the Certificate of Registration and Original Receipt of the Toyota Camry car and the
bank passbook of X to be given to the 14-year old cohort to be at the designated place and time. After
receiving the same, X was released on the same day. What crime, if any did A, B and C commit?

3.
PO1 Bantay's tour of duty was from 5am-5pm. At 8pm, PO1 Bantay talked to the guard on duty to
allow inmate Juan, who was detained for robbery, to leave and attend the wake of his father. The guard-onduty agreed to let Juan leave. PO1 Bantay instructed Juan to be back the following day before 5am, which he
did not. What are the crime/s did PO1 Bantay, the guard-on-duty and Juan commit?

4.
Merto, a drug addict, challenged Juan to fight. Juan refused, but due to Merto's persistence, he
accepted the challenge. Merto inflicted mortal wounds on Juan who would have died even with medical
attendance. What crime did Merto commit? If you were the prosecutor, what crime will you prosecute Merto?

5.
A got a van from B, the rent-a-car proprietor, for P25,000/month. A would be using it to tour the
Balikbayan relatives in Manila. A failed to return the van after 1 month since he sold it for measly amount to a
carnapping syndicate in Mindanao. What crime did A commit?

6.
PO2 Gancho flagged down a taxi driver for beating the red light. The taxi driver explained that the light
was green, which is the truth. PO2 Gancho threatened to confiscate his license unless he gives P500. Out of
fear, the taxi driver gave him P500. What crime did PO2 commit?

7.
Val issued a post-dated check for P20,000 for the spare parts he bought from A. The check is
supposed to be deposited on 6/01/2007 anticipating that he would collect enough funds on that day. Since he
was not able to collect, he issued a replacement check to be deposited on 6/15/2007. On 6/15/2007, A
deposited the check and it was dishonored. What crime/s did Val commit?

8.
Samuel is living with his sister and her husband Felix. Samuel, who was high on drugs, drove Felix's
car to an abandoned lot and took the stereo and the other accessories. He left the car. What crime did
Samuel commit? What crime will you prosecute Samuel?

9.
During a radio interview, a said that Nano is a swindler before he was elected as the municipal mayor.
A said that Nano through fraud and deceit collected money from his neigbors that was used to build his 2storey house. What crime, if any, did A commit?

10.
A, the Clerk of Court, has in her possession 10 fifty-peso bills marked as exhibits and misappropriated
the same. What crime did A commit?

CRIMINAL LAW II MIDTERMS 2002-2003

ATTY. AMURAO
1.

While M/V SM was anchored at Batangas City Pier waiting for passengers to board until their
scheduled departure time, Ricky, Tony and Baldo boarded the vessel. With grenades and pistols in
their hands and under threat of exploding their grenades, they demanded that all passengers hand
over their cellphones, wallets, and jewelries to them which they did out of fear. What crime or crimes
if any will you prosecute Rick, Tony, and Baldo?

2. Don Galo, a wealthy businessman and owner of a 6-seater private plane duly registered in
accordance with Philippine laws, loaded his plane with poisonous and flammable chemicals as well as
assorted explosives to be used in his mining operations in the province. On board the plane were his
5 workers and employees. What crime or crimes if any will you prosecute Don Galo?
3. During their tour of duty at their NAIA satellite office, NBI agent William and Jerry received a call from
a supervisor of the PAL saying that a passenger attempted to check in for a PAL flight to Los Angeles,
USA, presenting a visa which is doubted to be fake. Responding to their call, the NBI agents arrested
the passenger and detained him at the NBI detention cell. What crime or crimes if any will you
prosecute the NBI agents?
4. By virtue of a warrant of arrest, SPO1 Miranda arrested John who was facing a charge of Homicide on
April 5, 2002 10AM and turned him over to the court only on April 8, 2002 at 3PM. What crime or
crimes will you prosecute SPO1 Miranda?
5. SPO2 Cruz secretly entered Ernies house by passing thru the closed-back door. Noticing the
presence of a stranger, Ernie who was at the upper floor of his house, went down and demanded that
SPO2 Cruz leave, which he did without any word. What crime or crimes if any will you prosecute
SPO2 Cruz?
6. Ka Jerry, Ka Gardo, and Ka Cosme, all NPA members, ambushed and murdered Celo, who was
perceived to be a military asset and the reason for many surprise assaults against them resulting to
the death of several of their comrades. What crime or crimes if any will you prosecute Ka Jerry, Ka
Gardo, and Ka Cosme?

7. The police authorities arrested Congressman Malinis by virtue of a warrant of arrest issued by the
court where he was charged as an accessory to the crime of homicide. Homicide is punished under
the Revised Penal Code with Reclusion Temporal. What crime or crimes if any will you prosecute the
police authorities?
8. For refusing to pay for their food and drinks in a karaoke bar, PO1 Bala AND po2 Subas, members of
the PNP CIDG were disarmed and detained by elements of the WPD who refused to release them
despite request by their commanding officer. The following morning, 10 of their colleagues in the
CIDG stormed and shot at random the WPD Headquarters in order to avenge the wrong committed
against their colleagues. What crime or crimes if any will you prosecute the CIDG elements?
9. While the Mayor was attending a mass in church one Sunday morning, he was shot and killed by the
Governor who was the owner of a cockpit, which the former ordered closed a week earlier for violation
of a municipal ordinance. What crime or crimes if any will you prosecute the Governor?
10. The Municipal Secretary, who has the official custody of a municipal resolution duly approved by the
municipal council, without any authority, altered the resolution which caused a substantial change in
its meaning and application. What crime or crimes if any will you prosecute the Municipal Secretary?

CRIMINAL LAW II COMPILATION OF MIDTERM QUESTIONS

ATTY. AMURAO
1.

A fishing boat, anchored 5 miles from the coast was boarded by A, B, and C, who were in a motorized
banca. They poked guns to the crew, got their watches and valuables amounting to P5,000. What is
the offense committed?

2. X was charged with treason. Witness A testified that X delivered speeches favoring the Japanese.
Witness B testified that X commandeered foodstuffs to the garrison. Is Treason committed?
3. Metrocom soldiers obtained information that one of their men had been manhandled by a member of
the WPD policemen. They lobbed grenades to the five police outposts causing disturbance to the
inhabitants but no one was injured. What is the offense committed?
4. A Malacanang janitor found a stationary with the Presidents signature at the bottom. He typed
something therein addressed to the GSIS so as to obtain a housing loan amounting to P100,000.00.
He was able to get the amount. What is the crime committed?
5. A Catholic priest was about to say mass. A barangay captain who was a member of the INR
threatened the priest not to hold that mass and got the people dispersed. What is the crime
committed?
6. The secretary in order to make the quorum in a SB meeting, included in the minutes that Pedro
Reyes, and another SB member present although they were not. The secretary contended that after
just 5 minutes, the meeting was adjourned without discussing anything in the agenda. Is there any
offense committed?
7. The boy beat the driver of Capt Reyes of the AFP. Capt Reyes then kept the boy in his house.
However, the boy was allowed to play basketball in the yard. The boy was released after 34 hours. Is
there an offense committed?

8. X, who was under investigation testified in his bio-data that he was single. When his residence
certificate was submitted as evidence, it was showed that he was actually married. Is there an
offense?
9. Stella Estrada, 17 years old, was arrested for smoking marijuana. It was her first offense. She was
found to be an addict. If you were the defense counsel, what courses of action will you take to protect
your client?
10. A-cashier, B-janitor, and C, a private individual conspired to simulate a robbery at the cashiers office.
One night, they destroyed the door, took and forced open the safe outside the building. When
charged before the court for malversation, A interposed the defense that the alleged crime was not
committed during the performance of his office. B stated that he is a mere janitor and therefore not
accountable for the funds. While C vehemently claimed that he is a private individual and therefore
could not be liable for malversation of public funds. Decide.
11. X an Y are living together without the benefit of marriage. They have a child only 2 days old. After a
drinking spree, X, the husband came home and started cleaning his shot gun. In the process, the gun
fired fatally hitting Y and the child. X is accused of double parricide thru reckless imprudence. Is the
accusation correct? Why?
12. Accused came home unexpectedly. Before ascending the stairs, he peeped through a hole near the
kitchen door, saw his wife and her paramour kissing each other and after a few minutes, he saw the
paramour trying to lift the skirt of his wife; that she at first objected but later consented and herself
lowered her trousers while the paramour unbuttoned his. Before they could commence the sexual
act, accused burst into the room and stabbed the paramour to death. What is the legal consequence
of the killing?
13. In order to excite B sexually, so that he could consummate his lewd design, A gave her chocolate with
an over-dose of canthande. Consequently, the woman died, I being a fact that canthande contains
poison. There is no question that the intention of A is merely to excite the woman sexually and not to
kill her. Is A liable for murder or homicide?
14. Motivated by hatred, Pedro shouted at Jose, saying Bumaba ka sa bahay mo at tayo ay magtagisan
ng lakas at tingnan natin kung kaninong bituka ang lalabas at the same time brandishing a bolo.
Jose refused to accept the challenge but minutes later, while Jose was walking near his house, Pedro
chased him and only the presence of cooler heads prevented Pedro. **The samplex did not have a
question** POSSIBLE TOPICS TO BE ASKED: Aleviosa, Can the attack be considered sudden?
Was there a warning prior? Did the refusal to accept the challenge negate the warning of the lines
uttered?
15. Juan went to the house of his fianc, Juana who is 17 years old as her parents were absent. Availing
of the opportunity with a promise of marriage, he succeeded in having sexual intercourse with her.
What crime, if any was committed by Juan?
16. A pleasure craft cruising along the Manila Bay more than 3 miles from the shoreline of Bataan was
intercepted by a boat of armed men aboard a speed boat. The armed men boarded the craft and at
gun point divested the crew and passengers of their valuables. On the occasion thereof, 5 lady
passengers were raped. What was the felony committed and under what provision of law should they
be charged?
17. X is not a member of the NPA nor did he take up arms against the government. The evidence
however shows that he has been furnishing food supplies, cigarettes and other necessities to the
chief of the NPA, and helping the latter in the purchase of basic necessities from the market. Also, he
was responsible for opening a bank account for the NPA chief. Is X liable for any felony?