ATENEO DE ZAMBOANGA UNIVERSITY

College of Law

CRIMINAL LAW 1
MIDTERM EXAMINATIONS

INSTRUCTIONS

1. This Questionnaire contains nine (9) pages. Check and make sure that your
Questionnaire has the correct number of pages. You may write on your
Questionnaire as you answer the questions.

Read each question very carefully and write your answers in your Examination
Notebook in the same order of the questions. Answer the essay questions
legibly, clearly, and concisely. Write your answers only on the front of every
page of your Notebook. If the front pages are not sufficient, continue at the
back of the first page and so on. Start every number on a separate page, but an
answer to a sub-question under the same number may be written continuously
on the same page and on the immediately succeeding pages until the answer is
complete. Follow the numbering sequence of the Questionnaire in your
answers.

2. Your answers should demonstrate your ability to analyze the facts, apply the
pertinent laws and jurisprudence, and arrive at sound and logical conclusions.
Answers must fully explain even if the questions do not expressly require
explanations. A "Yes" or "No" answer sans explanation or discussion will not
be given full credit.

3. Marking of your Notebook with your name or other identifying signs or

symbols extraneous to the subject matter of the questions may be considered as
cheating and may disqualify you.

Good luck!

Bensaud O. Degusman
Professor, Criminal Law 1
 I

Janina and Michael are high school sweethearts. Reaching the age of 25, they
got married in Zamboanga City. Three years after their marriage, Michael
abandoned Janina. Michael decided to migrate to New Zealand. In New
Zealand, Michael met Zoe, a beautiful blonde-haired Australian. After dating
for a few months, Michael married Zoe in New Zealand. Janina, heartbroken
in Zamboanga, came across information about this marriage and instituted a
criminal action for bigamy against Michael for the latter’s second marriage with
Zoe. Will the criminal action for bigamy prosper? Explain. (4%)

II

A person named “Boy Negro”, a retardate or what is commonly known as a

“taong grasa” was walking freely near a gasoline station. Two guys named
Joaquin and Diego approached him and made fun of him. Joaquin threw the
contents of a can he picked up near the gas station to Boy Negro and Diego
threw his cigarette at him. This caused Boy Negro to be set ablaze and
immediately die because of the burns. Joaquin states that he did not know that
the can contain gasoline while Diego states that he only threw the cigarette to
make fun of Boy Negro.

a) Is there conspiracy between Joaquin and Diego? (2%)

b) What defense or defenses may be brought up Joaquin and Diego? (2%)

III

a) Explain and differentiate “wheel” conspiracy and “chain” conspiracy.

(2%)

b) What is the “rational equivalence test”? Explain. (2%)

IV

Mark issued a check in favor of Rafael in the amount of 300,000.00 as advance

payment for services that the latter would render. The check was post-dated 10
days from issuance. When Rafael tried to cash the check, the same were
returned for insufficiency of funds. Rafael filed a case for violation of Batas
Pambansa Bilang 22 against Mark. Mark interposed the following defenses:

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a) That Rafael did not render the services that they have agreed upon the
issuance of the check; and

b) That two days prior to the maturity of the check, Mark called Rafael
informing him that he will withhold the payment of the check.

Rule on the defenses interposed by Mark. (4%)

Jose and Wally are battle rappers. They were matched-up in one of their
organized events. During their rap battle, Jose said the following lines: “Huwag
mong subukan mag-lakad sa labas ng mag-isa/Kung may sasaksak sayo, aaminin ko na
ako ang gumawa” or when translated to English means “Don’t’ try to walk
outside alone/If someone stabs you, know that it is me.”

a) Wally felt threatened and wanted to institute a criminal action against

Jose, will a criminal action prosper? (2%)

b) In retaliation, during the same rap battle, Wally shouted at Jose the
following line “Yung syota mo pota, mas malibog pa siya sa pokpok sa
Boulevard” or when translated to English means “Your girlfriend is a slut,
she is hornier than a prostitute in Boulevard”. Sheena, Jose’s girlfriend,
heard this line and wanted to institute a criminal action against Wally.
Will a criminal action prosper? (2%)

VI

Police Officer Sevilla, an inexperience police officer, wanted to impress their

station chief by arresting a drug dealer on his own. He went to Star Street,
Tumaga and approached one glassy-eyed individual named Tonyo. He told
Tonyo that he will arrest him if he will not deliver to him drugs. Tonyo, being
scared, went inside his house and packed tawas in a small plastic container. He
presented the plastic container to Police Officer Sevilla. Police Officer Sevilla
then arrested him for possession of illegal drugs.

a) Assuming that you are the counsel for Tonyo, what defense will you
bring? (2%)

b) Assuming that Police Officer Sevilla did not arrest Tonyo but instead
snorted the contents of the plastic container in the presence of Tonyo
and having allergies to tawas, had difficulties in breathing causing his
immediate death. Will Tonyo have any criminal liability for the death of
Police Officer Sevilla? (2%)
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 VII

a) What is a transnational crime? Explain its concept in relation with the

territorial characteristic of criminal law. (2%)

b) Explain Article 5 of the Revised Penal Code in relation with the

Constitutional concept of checks and balances. (2%)

VIII

Matthew, Mark, Luke and John were having dinner and drinks at the corner of
Jerusalem Street. While drinking, they remembered one of their friends, Jess,
who they believed was brutally murdered by Ponti. In their drunkenness,
Matthew told everyone that he wanted to kill Ponti. Everyone agreed, even
stating their own ideas on how to kill Ponti. Is there a crime that has been
committed by Matthew, Mark, Luke and John? If there is, in what stage is it?
(4%)

IX

Ron and Mina were married. Ron, after having been nagged by Mina, threw a
bottle of beer to her face. This caused Mina to lose her balance and fall from
the 59th floor of their condominium unit killing her. Ron then suffered
depression leading to him being diagnosed as clinically insane.

a) Will a defense of insanity prosper as to exempt Ron from criminal

liability? (2%)

b) Assuming that Ron was diagnosed as clinically insane during the time
of the marriage with Mina but after Mina fell and died, he was cured of
his insanity. Will his insanity prior to the death of Mina have any effect
to his criminal liability? (2%)

Eddie brought his son Randy to a local faithhealer known as "Mother Himala."
He was diagnosed by the faithhealer as being possessed by an evil spirit. Eddie
thereupon authorized the conduct of a "treatment" calculated to drive the spirit

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from the boy’s body. Unfortunately, the procedure conducted resulted in the
boy’s death.

The faithhealer and tree others who were part of the healing ritual were
charged with murder and convicted by the lower court. If you are appellate
court Justice, would you sustain the conviction upon appeal? Explain your
answer. (4%)

XI

a) True or false, then explain. There is an impossible crime of rape.

b) True or false, then explain. There is no crime of frustrated arson.

XII

Jonel was walking in a dark alley when a shadowy figure approached him. The
alley was known as a place where drug addicts were prevalent. Afraid that the
person that approached him was a drug addict, Jonel got hold of his pocket
knife. When the unknown person tapped him in his shoulder, Jonel turned
around and stabbed the person in his jugular. When the body fell to the
ground, Jonel looked at the face of the unknown person and saw that it was his
girlfriend, Leila, holding a paper bag of gifts for Jonel.

a) Jonel approached you, he wants to raise a defense that would exempt

him from criminal and civil liability, what defense would you advice that
he use? Explain. (2%)

b) As a judge, would you consider such defense as to remove liability to

Jonel? Explain. (2%)

XIII

A law was passed and pertinent portions of the law read as follows:

Section 3: Definitions –
xxxx

(h) Vaping – refers to the act of using an electronic cigarette, e-

cigarette or any handlheld battery-powered vaporizer that
stimulates smoking.

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 xxxx

Section 4: Punishable Acts – The following are punishable acts:

xxxx

(d) Vaping in Public Places – Vaping in public places including

parks, restaurants, streets, malls and other public places shall be
punishable with imprisonment of not less than five (5) years and a
fine of not less than Fifty Thousand Pesos (Php 50,000.00) or
both.

Pablo was arrested by police officers while he was vaping in Pasonanca Park.
During trial, Pablo admitted to vaping in public.

a) As a judge, you feel that the penalty to be imposed is capricious and

excessive. Considering the admission of Pablo, what penalty should you
impose upon him? Explain. (2%)

b) As a judge, are there any other acts you can do in relation with the
excessive penalty? Explain. (2%)

XIV

An ambulance was being driven by Enrique en route to the Silangan Public

Hospital. In the ambulance was Carlo who suffered injuries from a basketball
game. While en route to the hospital, the ambulance was hit by a fire truck
owned by the Silangan Fire Station which was rushing to a burning house near
the hospital. The said ambulance was driven by Fidel. Because of the accident,
the ambulance was severely damaged and Carlo sustained injuries to the head.
Fidel said that he cannot be held criminally liable because there was an
accident. Enrique and the hospital argued that there can be no accident as Fidel
was negligent as the latter was driving in the wrong side of the street. Rule on
the contentions of the parties. (4%)

XV

a) What is a formal crime? (2%)

b) What is the rule of lenity and what is its basis? (2%)

XVI

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Kim, Maja, Bea and Sarah are friends and were all ex-lovers of Gerald. Gerald
was walking out of his house when suddenly Kim stabbed him with a knife.
Following this, Maja, Bea and Sarah stabbed Gerald. All of them stabbed
Gerald at least once. Gerald then died with the stab of Bea to the chest being
the primary cause of the death. All of them were charged with the murder of
Gerald. However, Kim, Maja and Sarah alleges that they should not be charged
with murder as it was Bea who did the killing blow, thus, it should only be Bea
that should be held liable for Gerald’s death. Rule on the defense of Kim, Maja
and Sarah. (4%)

XVII

Leo works as a cashier for Stars Perfume Corporation (SPC). One day, Leo was
scolded by Gem, his supervisor for failing to properly close the accounts of the
corporation for the day. A week thereafter, Gem discovered that there was
non-reporting of the income of SPC for the past three days. Leo was then
accused by Gem of stealing from the company. Gem, however, did not see Leo
steal from SPC. Will the accusation stand? Explain. (4%)

XVIII

Connor is in a common-law relationship with Minda. One day, Minda was

walking in the street when she was slapped in the back of the head by Eric, her
ex-boyfriend. Minda ran to her house and immediately told Connor about the
incident. Connor then got hold of his baseball bat, looked for Eric and hit him
with the baseball bat at the back causing the latter to stumble to the ground.

a) If you were counsel for Connor, what defense would you bring up?
Explain. (1%)

b) If you were counsel for Eric, what will you bring up to counter the
defense of Connor? Explain. (1%)

c) If you were judge, how would you rule on the defense of Connor
considering the arguments of Eric? Explain. (2%)

XIX

a) What is meant by the concept of “presumption of voluntariness” in

relation with intentional felonies? (2%)

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 b) What is meant by “criminal law should apply mechanically”? (2%)

XX

Pipo, engaged in illegal gambling, was accused of bribing Yuni, a policeman.

Pipo 's defense was fear of reprisal from the police in case of non-payment of
bribe money. He testified that when he attempted to stop giving bribe money
to Yuni, the police raided his establishment without warrant for half a dozen
times. Yuni also threatened to plant incriminating evidence on him. Pipo was
also manhandled by Yuni on the pretext of resisting arrest. Pipo would park his
police jeep in front of his house obviously to drive away his regular customers.
Pipo's defense is that he bribe Yuni under the impulse of an uncontrollable fear
of an equal or greater injury. Decide. (4%)

XXI

Doctor Enriquez is a surgeon for Mercy Hospital. He did the following acts:

a) He turned off the life support of Honey after Honey’s husband told
him that there was no hope for Honey’s life anymore. Honey died
because of this.

b) Doctor Enriquez decided to sacrifice of an unborn child to save the

mother.

Rule on the criminal liability of Doctor Enriquez in both scenarios. (2% each)

XXII

a) What is the doctrine of implied conspiracy? (2%)

b) May a crime be committed without criminal intent? Explain. (2%)

XXIII

Pat. Josue, a member of the INP Western Police District, together with two(2)
other policemen, was chasing Katindig, a notorious police killer. Katindig
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entered a nearby dimly lighted warehouse. Josue and his companions continued
pursuing him. When they reached the mezzanine, Josue saw a man crouching
behind a pile of boxes, holding what appeared to be a long rifle. When the man
suddenly stood up and faced Josue and his companions, Josue fired at the man
hitting him fatally. It turned out, however, that the deceased was the
warehouseman who was holding a mere lead pipe. Discuss Pat. Josue's criminal
liability for the said killing stating your reasons. (4%)

XXIV

a) Justifying and exempting circumstances have some similar effects but are
different concepts. Discuss their similarities and distinctions. (2%)

b) Considering that the Revised Penal Code provisions on justifying

circumstances apply to anyone "who acts in defense of his person or rights,"
can there be self-defense when there is simply an aggression against one's
property, not coupled with an attack against his person? Explain.

XXV

One night, Una, a young married woman, was sound asleep in her bedroom
when she felt a man on top of her. Thinking it was her husband Tito, who
came home a day early from his business trip, Una let him have sex with her.
After the act, the man said, "I hope you enjoyed it as much as I did." Not
recognizing the voice, it dawned upon Lina that the man was not Tito, her
husband. Furious, Una took out Tito's gun and shot the man. Charged with
homicide Una denies culpability on the ground of defense of honor. Is her
claim tenable? (4%)

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