Criminal Law 1: Sample Exam Questions 1. A, B, and C agreed to kill D.

They went to look for D and they found him in h is garden tending his orchard. A, B, and C further agreed that A would be the on e to shoot D. A while aiming his rifle against D had second thoughts about what he is about to do. A back-tracked and was followed by B and C. Is there a conspi racy? What crime, if any, was committed by A, B, and C? Why? 2. A hit B with his fist inside a running jeepney because B was snatching his (A 's) watch. B fell from the jeepney and hit his head on the pavement causing his (B's) death. Is A liable? Why? 3. A, armed with a 9mm caliber pistol, and B, who has no weapon robbed a store. In the course of the robbery, they were seen by policeman C who was armed with a 38 caliber revolver. C demanded that A and B surrender but A instead fired at C and missed. C returned the shot and in the exchange, A and B were killed so wit h the store-owner X. It was found that the three were killed by 38 caliber bulle ts fired from C's gun. Is C liable for the death of A, B, and X? Why? 4. A and B lived as husband and wife for several years. B, the woman, helped A i n their daily lives by selling vegetables in the public market. A subsequently f ell in love with a younger woman, X, and left B. One day, B saw A and X walking. She became jealous and rushed to A and stabbed him. B was prosecuted for homici de and was convicted, B claimed on appeal that she be credited with the mitigati ng circumstance of passion and obfuscation. Is B correct? Why? 5. A was convicted of rape on October 1, 2006. A appealed the judgment of convic tion. While A's conviction was on appeal, he committed homicide inside the natio nal penitentiary. Is A a recidivist? Why? Supposing while A's conviction was on appeal, A escaped and after escaping, A raped X. Is he a recidivist? 6. X was charged of homicide for killing Y. During the trial, it was proven that when X killed Y he came from a drug den and that while in said place he smoked marijuana. X was convicted. What is the effect if any on the penalty imposable u pon X of his having been in a drug den? Why? 7. A was charged with the crime of frustrated homicide. Homicide is penalized by reclusion temporal in its full extent. a.) What is the penalty for frustrated homicide? b.) Suppose there is one mitigating circumstance, what would be the penalty? c.) Suppose there are two mitigating and one aggravating circumstances, what wou ld be the penalty? 8. When is the Indeterminate Sentence not applicable? 9. In January 1980, X killed B after an argument. The killing was witnessed by Y , but Y kept silent. X left the place and went to Mindanao. In 2001, X came back to Manila. After X came back, Y broke his silence and pointed to X as the culpr it in the killing of B. X was charged with homicide. X moved to dismiss the case on the ground that the crime has prescribed. If you were the judge, how would y ou rule on the motion? 10. A was charged before the RTC of Manila for the crime of homicide. After tria l, the court convicted the accused of the crime charged, and after considering t he mitigating and aggravating circumstances, imposed a penalty of prision correc cional in its medium period of 4 years to the medium period of prision mayor of 8 years. A, finding the decision of the trial court not to his liking, appealed the decision of the trial court to the Court of Appeals. The latter court found that the imposable penalty should not exceed 6 years after considering the other mitigating circumstances present which the trial court failed to appreciate. Th

e accused then filed an application for probation because the penalty imposed by the appellate court was probationable. Is the accused entitled to probation? Wh y? 11. X was charged with murder. X was convicted of murder and the trial court imp osed the penalty of reclusion perpetua. Is X entitled to the imposition of the i ndeterminate sentence? Why? 12. Who are not entitled to the benefit of the Probation law? 13. X was charged and convicted of homicide. The court found that there were thr ee ordinary mitigating circumstances and one aggravating circumstance. Homicide is penalized by reclusion temporal. Impose the indeterminate penalty upon X. 14. When would a person incur criminal liability? 15. Ricky was reviewing for the bar exam when the commander of a vigilante group came to him and showed him a list of five policemen to be liquidated by them fo r graft and corruption. He was further asked if any of them is innocent. After g oing over the list, Ricky pointed to two of the policemen as honest. Later, the vigilante group liquidated the three other policemen in the list. The commander of the vigilante group reported the liquidation to Ricky. Is Ricky criminally li able? (Bar Question) 16. Marlon, envious of his brother Jerome, planned to kill the latter by poison. Pursuant to his plan, he purchased a poisonous substance from the drugstore. He put the substance in his brother's coffee the following morning. Unknown to him , however, the store clerk mistakenly gave him powdered milk instead of poison; hence his brother did not die. a.) What crime, if any, did Marlon commit? b.) Suppose that, because of his acute lactose intolerance, Jerome suffered from severe diarrhea and had to be hospitalized for 10 days for ingesting the coffee with powdered milk. Would your answer to the first question be the same? (2008 SBC Pre-Week reviewer) Criminal Law 2: Sample Exam Questions 1. Roland, 19 years old, was prosecuted for illegal possession of shabu. Being a first-time offender, he was placed on probation under the supervision of the Da ngerous Drugs Board for 6 months. Thereafter, the court dismisses his case and o rdered his discharge. Later, he took the CPA Board Examination. In the applicati on under oath, he answered "No" to the question of whether or not any criminal c ase has even been filed against him in any court in the Philippines. What crime, if any, ma he be prosecuted for? 2. Armed with a search warrant, the NBI agents went to the house of Mr. Chi to s earch the same for prohibited drugs. Finding no prohibited drugs, one NBI agent placed a box full of dried marijuana leaves inside Mr. Chi's cabinet and through threat of prosecution for violation of Dangerous Drugs Law, demanded P100,000.0 0 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 pa rried the blow and a physical struggle ensued. X, who was bigger and stronger, o verpowered B who was already exhausted and helplessly lying with his face down t o 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 n earby which he dropped on the head of B which cause his death. What crime, if an y, will you charge B with? Why?

4. While studying in Manila, M lived with his sister who was married to B. One a fternoon, M saw B's car parked on the street in front of their house. M got the key to B's car without the latter's knowledge, drove the car to another street b ehind the house where he took the stereo sets and the two side mirrors which he sold in order to finance his assorted vices, leaving the car thereat. What crime , if any, will you prosecute M for? 5. The father had sexual intercourse with his 17-year-old daughter who he has be en providing with support and education. The daughter admitted that the sexual i ntercourse was with her consent. If you were the Public Prosecutor, what crime/s will you charge the father with? 6. X, a custodian of records in a private lending company, brought home the prom issory note and the chattel mortgage contract executed by his parents as evidenc e of indebtedness to the company. For failure of the parents to pay their obliga tion on the due date, the company filed a civil case in the court for the collec tion of indebtedness. The court, however, dismissed the civil case for failure o f the company to present evidence of the obligation from the said promissory not e and chattel mortgage contract. What crime/s, if any will you charge X with? 7. H, a house maid, entered the opened master's bedroom in order to clean the sa me. Seeing the master's locked jewelry box on the dresser set, H took it in orde r to bring it outside the house, where she thought of dropping a boulder of ston e to force to open it. However, before she could exit at the back door, she met her master's son who grabbed the jewelry box from her. What crime, if any, will you charge H with? 8. ABC Corporation leased its building together with all the equipment. TV sets and air conditioning units therein to S, with the agreement that upon the termin ation of the lease, S will return the same to ABC Corporation. When the lease ag reement expired, S removed, took, and carried away all the 50 air conditioning u nits without the knowledge and consent of the corporation's representative. What crime, if any, will you prosecute S for? 9. One Friday evening, M purchased grocery items from B in the amount of P10,00 0. Since M did not have the cash, he gave B a check worth P10,000 given by his c lient, 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 t he check. On the same day, B deposited M's check with the bank which dishonored the same for lack of sufficient funds. M failed to pay the amount despite demand s. 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 for estafa aga inst M. What will be your advice? 10. As payment for his indebtedness, C gave Y a check in the amount of P100,000 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 ch eck on October 5, 1999 with the same rate of interest on the assurance that in t he event C cannot pay on October 5, 1999, C will assign his car to Y. When Y dep osited 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? 11. H and W were married in the province with a forged marriage license and ther eafter 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 separa

ted 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 j udge. W learned about his marriage so she filed a criminal case against H for bi gamy. If your were the judge, how will you decide the case? 12. Two Arab nationals tied the hands and feet of a teenage male on-boarder, and laid him face down the floor. In this position, they took turns satisfying thei r lust by inserting their sexual organ into the boy's anus. If you were the coun sel for the boy, what crime will you charge the two Arab nationals with? 13. Under the same facts in the immediately preceding problem, and with the addi tion that during the preliminary investigation in the office of the public prose cutor, 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 desista nce stating that he had already expressly pardoned the two Arabs for the crime t hey committed and requested the public prosecutor to dismiss the criminal case. Assuming that you are the public prosecutor, will you grant the boy's request? 14. 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 hi s office within one week, the appliances are deemed sold. The following day, X s old the appliances to her neighbor. Despite demands, X failed to return the appl iances or deliver the proceeds of the same. What crime, if any, may you prosecut e X for? 15. In payment of his indebtedness, X issued to his brother, who is living in th e 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 e prosecut ed for? 16. In the middle of the night, A forced open the door of M's apartment. Enterin g through the door, he found M's motorcycle in the sala. He pushed the motorcycl e out of the apartment, rode on it and never returned the same. What crime did A commit? 17. A, an elementary school teacher, through a promise of making G, his female p upil who was 11 years old the class valedictorian upon graduation, succeeded in making G perform lascivious acts on his private parts. What crime, if any, was c ommitted by A? 18. JP and GH are the best of friends. Thus, JP still invited GH to his birthday celebration, even though GH was charged of rebellion and was now considered a f ugitive from justice for evading prosecution. GH, who never missed any of JP's b irthday parties, came together with his fellow rebel soldiers. GH and his compan ions are and drank until the wee hours of the morning. Big brother, who was also in the party, reported the same to the authorities. For such acts, JP was crimi nally charged, in two separate informations, (1) of rebellion in conspiracy with GH under the RPC and (2) of violating PD 1829 for harboring and concealing GH, whom he knows or suspects to have committed rebellion. A brilliant lawyer, JP ar gued that having been charged of rebellion, he could no longer be charged for al legedly violating PD 1829, a special law, as such alleged violation is absorbed in or a component of the simple crime of rebellion. Is he correct? (2008 SBC Pre -Week reviewer)