CRIMINAL LAW QUIZ – JUNE 25, 2019

INSTRUCTIONS:

I. ANSWER BRIEFLY AND CONCISELY;

II. SUPPORT YOUR ANSWER WITH LEGAL BASIS;

III. MERE YES OR NO WILL NOT MERIT A POINT. USE THIS

FORMAT: ANSWER, LEGAL BASIS, APPLICATION TO THE
CASE, and CONCLUSION;

IV. ANSWER IN PARAGRAPH FORM;

V. DO NOT USE THE BACK PORTION OF THE ANSWER SHEET;

and

VI. START EACH NUMBER IN A NEW SHEET OF PAPER AND

FOLLOW THE NUMBERING AND ORDER AS POSTED.

QUESTIONNAIRE:

I.
In 1929, Criminal Laws categorically prohibit Cannibalism as a crime. Any
person who shall consume the flesh of another person shall be punished as a
Cannibal and shall suffer the penalty of forty-five (45) years of imprisonment. On
May 3, 1945, Jojie who was beached with his wife Annabelle on a deserted island
in the Philippines, got extremely desperate, stabbed his wife and ate her flesh. On
June 1, 1945, Jojie was rescued by the MARINA officers and discovered that he
had been deserted in the island for 13 months and that he consumed his wife on
the twelfth month. An information was filed before the Regional Trial Courts
charging Jojie with Cannibalism. As his defense lawyer, you were asked if
whether Jojie will be exonerated? On what Ground?

II.

In August 2018, Haija Kerr, a Japanese national, boarded the PAL airplane
with flight number J6459 bound for Tokyo, Japan. While traversing the southern
part of Japan but before reaching the Tokyo Airport, Haija Kerr had an argument
with the air hostess, Malan Dee, a Philippine national, where Haija Kerr slapped
the latter. When Malan Dee went back to the Philippines, she filed a case in court
for slight physical injuries against Haija Kerr. Will the case prosper?
 III.

What are the two types of Felonies, define, and give a basic example for
each.

IV.

Intod, Pangasian, Tubio and Daligdig fired at the room of Palangpanga. It

turned out, however, that Palangpangan was in another City and her home was
then occupied by her son-in-law and his family. No one was in the room when the
accused fired the shots. No one was hit by the gun fire. Was there a cime? If so
what? If none, is it still punishable?

V.

The Philippines does not subscribe to the common law crimes system.
Under article 5 of the Revised Penal Code, if an act should be repressed but there
is no law punishing the same, the proper decision of acquittal must be made. This
is in consonance with the maxim nullum crimen nulla poena sine lege. What is meant
by the legal maxim nullum crimen nulla poena sine lege?

VI.

Dalima Succow, planned on killing her step-brother, Delico Succow, for

outing her to their parents as a Bisexual. One night when Dalime entered her step-
brother’s room, when she was about to stab his brother, she thought to herself that
she was afraid to go to jail. Was there an attempted, frustrated or consummated
crime?

VII.

Stew Peeda was the roommate of Tarhan Tadha, in the AdZU dorm room.
One night Stew Peeda went out despite the curfew to have a drinking spree with
friends. When he returned at 4:30 am to the dorm, he knocked relentlessly.
Tarhan Tadha, who had an unfortunate experience with robbers who killed his
mother, was awakened in shock. He asked the person knocking who it was but no
one answered. Afraid, Tarhan Tadha got a hold of a two-by-two plank and braced
himself for the intruder. When Stew Peeda busted the door open, Tarhan Tadha
continuously smacked him with the plank which caused Stew Peeda’s death. Is
there a crime? Can Tarhan Tadha’s acts be excused? If so on what ground?
 VIII.

Trey Dhore, working for the Philippine Information Secret Service System,
told his Game Guild Members that he plans to take over the official sites of the
Congress and Supreme Court and posting the plans of the Armed Forces therein
in to allow rebels to rule the Philippines. His Game Guild Members did not take
him seriously except for Soom Beau Ngereau, who was a police officer. Soom
Beau Ngereau filed a complaint for Conspiracy to Commit Treason against Trey
Dhore. Trey Dhore now argues that, he did not commit any crime because he was
not taken seriously. Is Trey Dhore’s contention correct?

IX.

Nadeh Doe, was found dead in the dumpster of her University. The
investigators found the following persons as accused: Shelo Sah, Nadeh Doe’s
classmate who always comes second place to her in all their subjects; Katah Coat,
Nadeh Doe’s teacher in Science III, whom she made fun of for not knowing the
atomic number of the element Nickel; Bin Astead, Nadeh Doe’s former suitor
whom she did not gave a chance because of his foul smelling breath; Sue
Gardeidi, the boyfriend of Nadeh Doe’s mother, whom she had one night stand
with before he met her mother; and Janny Torman Yak, who Nadeh Doe caught,
one night, jerking off to her photos taken in his cell phone, at the school locker
room. The prosecutor dropped the cases against everyone except for Shelo Sah.
The prosecutor said, Shelo Sah had the strongest motive to kill Nadeh Doe
because she is a scholar student who needs to impress her benefactors. Is the
prosecutor’s basis on not dropping the case against Shelo Sah proper? Why or
why not?

X.

Naloe Kho, was kidnapped by her own husband Jims Jarls. During said
kidnapping, Jims Jarls while holding a gun on Naloe Kho’s head forced her to
have sex with Jim Jarls lover Zhu Lutero. When she was finally released from
being kidnapped, Zhu Lutero filed a case for rape against Naloe Kho. Naloe Kho
puts up the defense of Actus me invito factus non est mens actus – an act done by
me against my will is not my act. Zhu Lutero countered that, Naloe Kho should
have allowed herself to be killed than to rape him, that her death is not a greater
evil than the act of raping him. May Naloe Kho be exculpated?

XI.

What are the requisites for Self-Defense? Provide an elaborate example of a

situation applying each requisites.