MOCK MIDTERM EXAMINATION

CRIMINAL LAW 1

GENERAL INSTRUCTIONS:

1. A, who wanted to kill B, looked for him. When A saw B, he found out that B was
already dead. To satisfy his grudge, A stabbed B in his breast three times with a
knife.
a. Is this an impossible crime? Why or why not? (10 pts)
b. If A was not aware that B was dead when he stabbed him, finding out such
fact only after his third stab, would your answer to 1a be the same? Explain.
(10 pts)

2. Quinn hated her classmate, Rachel, because the latter was shamelessly flirting
with Finn, Quinn’s boyfriend. Quinn went to a veterinarian and asked for some
poison on the pretext that it would be used to kill a very sick, old dog. Actually,
Quinn intended to use the poison on Rachel. The veterinarian mistakenly gave
Quinn a non-toxic powder which, when mixed with Rachel’s food, did not kill
Rachel.
a. Did Quinn commit any crime? If so, what and why? If not, why not? (10 pts)
b. Would your answer be the same if Rachel proved to be allergic to the
powder, and after ingesting it with his food, fell ill and was hospitalized for
10 days? Explain (10 pts)

3. A borrowed B’s gun saying that he would use it to kill C. because b also resented
C, he readily lent his gun, but told A: “O pagkabaril mo kay C, isauli mo kaagad,
ha.” Later, A killed C, but used a knife because he did not want C’s neighbors to
hear the gunshot. What, if any is the liability of B? Explain (10 pts)

4. A and B devised a plan to murder C. In a narrow alley near C’s house, A will hide
behind the big lamppost and shoot C when the latter passes through on his way to
work. B will come from the other end of the alley and simultaneously shoot C from
behind. On the appointed day, B was apprehended by the authorities before
reaching the alley. When A shot C as planned, he was unaware that B was arrested
earlier. Discuss the criminal liability of B, if any. (10 pts)

5. After drinking one case of Red Horse beer and eating three plates of sisig, A, a
Filipino seaman, stabbed to death B, a Singaporean seaman, aboard M/V
“Pokemon Go”, an overseas vessel which was sailing in the South China Sea. The
vessel, although Colombian registered, is owned by Uncle Sam, a rich Filipino
businessman. When M/V “Pokemon Go” reached a Philippine Port at Cebu City,
the Captain of the vessel turned over the assailant A to the Philippine authorities.
An information for homicide was filed against A in the Regional Trial Court of Cebu
 City. He moved to quash the information for lack of jurisdiction. If you were the
Judge, will you grant the motion? Why? (10 pts)

6. A, an escaped convict, ran amuck on board a Superlines Bus bound for Manila
from Bicol and killed ten (10) persons. Terrified by the incident, B and C who are
passengers of the bus, jumped out of the window and while lying unconscious after
hitting the pavement of the road, were ran over and crushed to death by a fast
moving Desert Fox bus tailing the Superlines Bus. Can A be liable for the death of
B and C although he was completely unaware that the two jumped out of the bus?
Explain (10 pts)

7. State the exceptions to the rule on territoriality under Art. 2 of the Revised Penal
Code. (5 pts)

8. Are all crimes under special penal laws malum prohibitum? (5 pts)

9. What is a conspiracy and when is it punishable under Art. 8 of the Revised Penal
Code? (5 pts)

10. Distinguish intent from motive in criminal law. (5 pts)