Sample questions from past midterm exams

1. Alexis enrolled in a Gold’s Gym branch in Quezon City. For three weeks, he observed the
security protocols, including the times in the day when there were only few patrons
therein. On 01 April 2016, he broke into the lockers of two victims in the changing room
and stole their cash, gadgets and other properties. After his first success, Alexis employed
the same modus operandi in three other Gold’s Gym branches in Metro Manila (total of
seven victims) and three Muay Thai gyms (total of four victims). He was finally caught on
01 September 2016. There is no question that Alexis committed Robbery; but given the plurality of
his crimes, what charge/s should be brought against him? Explain. [3 points]

2. Republic Act No. 9995 or the Anti-Photo and Video Voyeurism Act of 2009 provides as
follows:

SECTION 4. Prohibited Acts. — It is hereby prohibited and declared unlawful

for any person:

(a) To take photo or video coverage of a person or group of persons performing

sexual act or any similar activity or to capture an image of the private area of
a person/s such as the naked or undergarment clad genitals, pubic area,
buttocks or female breast without the consent of the person/s involved and
under circumstances in which the person/s has/have a reasonable
expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or
video or recording of sexual act or any similar activity with or without
consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video
or recording of sexual act, whether it be the original, copy or reproduction
thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in
print or broadcast media, or show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or device.

On 01 August 2007, Robert asked his girlfriend, Jessica, if he can record one of their
intimate sexual moments together so he can have a “precious memento” that he can take
with him wherever he goes. Jessica agreed. On 14 February 2010, Robert and Jessica broke
up because Jessica has fallen in love with her best friend, John. By way of revenge, Roberty
uploaded on the same day his and Jessica’s “sex video” to a pornographic website. Can
Robert be held liable under R.A. No. 9995? Explain. [3 points]

3. Under the Revised Penal Code, one of the means to commit Murder is by using poison.
There is likewise a felony of Physical Injuries by Administering an Injurious Substance or
Beverage (which includes poison). Therefore, if a person kills another by using poison,
he/she will be liable for the complex crime of Murder through Physical Injuries by
Administering an Injurious Substance or Beverage. This is because the “physical injuries”
is a necessary means to commit the “murder;” hence, under Article 48, it is a complex
crime proper (delito complejo). Do you agree with this statement? Why or why not? [3 points]

4. Explain the doctrine in Arias vs. Sandiganbayan. [3 points]

5. Can there be a frustrated impossible crime? Explain. [3 points]

6. Alfred stabbed his friend, Dennis, during an altercation. As Dennis lay bleeding on the
ground, Alfred remembered all their times together and took pity on him. He immediately
rushed Dennis to the hospital and even paid all the bills and medical expenses. Dennis
survived. After he was discharged from the hospital, however, Dennis filed a complaint for

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 Frustrated Homicide against Alfred. You are the investigating prosecutor. Discuss whether or
not you agree that Alfred should be held liable for Frustrated Homicide. [3 points]

7. Lalaine is a professor of political science and an avowed Marxist. During one of her classes,
she talked about the need to overthrow the “elitist government” in order to establish a
proletarian State. When Miguel, one of her students, challenged her to concretize her ideas,
she discussed, in great detail, how government forces can be overthrown, how workers in
strategic places in the country can seize vital public installations and how key personalities
can be hostaged to force key leaders to capitulate and surrender their power. She boldly
said that “if we start taking these steps now, we will have a true government of the people
in three years time.” Can Miguel file a complaint against Lalaine for proposal to commit
rebellion? Explain. [3 points]

8. John, Paul and George agreed to kidnap Wilson, the son of a wealthy businessman, and
also John’s nephew. Since Wilson is John’s relative, all three perpetrators agreed that they
will not harm him and simply ask for ransom money from his parents. When the three
kidnappers were able to force Wilson into their car, however, the child started screaming.
Paul choked Wilson. John tried to stop Paul and loosen his grip on the child’s neck. Wilson,
however, died as a result. Discuss the respective liabilities of John, Paul and George for the
kidnapping and the killing of Wilson. [3 points]

9. Under Republic Act No. 3571, all persons are prohibited from “cutting, destroying or
injuring planted or growing trees or flowering plants and shrubs or plants of scenic value
along public roads, in plazas, parks, school premises or in any public pleasure ground.”
Clara, a skilled gardener/horticulturist, saw flowering magnolias along the Sumulong
National Highway. She carefully dug up one shrub, took it home, and grew and
propagated it. Clara improved the magnolia variety and made it impervious to polluted
air. When a sufficient number of healthy shrubs have been propagated, she returned to the
Sumulong National Highway and planted them. Is Clara liable under R.A. No. 3571? Explain.
[3 points]

10. How can one determine whether a crime is malum in se or malum prohibitum? [3 points]

11. What are the elements of an intentional felony? A culpable felony? A malum prohibitum
offense? [3 points]

12. A buy-bust operation was launched by elements of the Makati Police against Jim, a
suspected drug dealer with big-ticket clients in the showbiz industry. Rudy, an undercover
police agent, agreed to go to Jim’s condominium unit to pick up the agreed-upon three
sachets of shabu and deliver the payment. On the appointed time, Rudy knocked on the
door of Jim’s unit. When Jim opened the door, his girlfriend, Jane, was standing beside
him. Jim handed Rudy an envelope containing three plastic sachets. Rudy gave the marked
money to Jim. As soon as Jim received the marked money, police agents emerged from the
adjoining units and immediately arrested and handcuffed Jim and Jane. If you were the
prosecutor, how will you argue that both Jim and Jane should be held liable for violating the
Comprehensive Dangerous Drugs Act? If you were the defense counsel of Jane, how will you argue
that she should not be held liable? [6 points]

13. Jenny lured Mark into a “pyramid” scam and persuaded him to “invest” PhP50 million,
with a promise that such amount will earn 150% interest in just two weeks. Mark
immediately wrote a check for PhP50 million, not realizing that the checkbook he used was
under a Metrobank account which he had emptied the week before and, therefore, no
longer had any funds. Jenny was eventually arrested, and among the evidence found in her
possession was Mark’s check. The prosecutor should now decide whether to indict Jenny
for estafa, attempted estafa, frustrated estafa, or an impossible crime, as far as Mark’s case
is concerned. If you were the prosecutor, what charge will you bring against Jenny? Why?
[6 pts.]

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14. Richard was madly in love with Sarah. One day, he broke into Sarah’s apartment and
raped her. He was subsequently arrested. Sarah filed a case for rape against Richard. While
trial was ongoing, however, Sarah not only took pity on Richard, but even decided to
marry him. She moved to dismiss the case on the ground of her marriage to Richard. If you
were the judge, how would you resolve Sarah’s motion? [6 pts.]

15. William assaulted George and inflicted a large wound on the latter’s left arm. Instead of
seeking medical treatment, however, George went to his religious group's priestess for
some “divine healing,” in accordance with his belief. (In George’s religion, medical
intervention should be prevented at all costs because “the temple of god cannot be
tarnished by the hands of simple mortals”) George eventually died of blood poisoning and
tetanus infection. If you were the prosecutor, how would you argue that William should be
held liable for George’s death? If you were the defense counsel, how will you argue that
George’s death should not be attributed to William? [6 pts.]

16. One night, Tony broke into the home of Gerry and his wife Brenda. Tony tied the hands
and feet of Gerry and Brenda and commanded them to lie quietly on the bed. Tony
undressed himself and undressed Brenda as well. Just when Tony was about to lie on top
of Brenda, he blindfolded Gerry. Tony then proceeded to rape Brenda, with Gerry directly
next to them, aware of everything that was happening. Under Article 266-B (3) of the RPC,
rape will be punished more severely if it was committed “in full view of the [rape victim’s]
spouse. Will this provision apply to the crime Tony committed? Explain. [4 points]