CRIMINAL LAW

I.

A was invited to a drinking spree by friends. After having had a drink too many, A and B had a heated
argument, during which A stabbed B. As a result, B suffered serious physical injuries. May the
intoxication of A be considered aggravating or mitigating? (5%)

II.

A asked B to kill C because of a grave injustice done to A by C. A promised B a reward. B was willing
to kill C, not so much because of the reward promised to him but because he also had his own long-
standing grudge against C, who had wronged him in the past. If C is killed by B, would A be liable as
a principal by inducement? Why? (5%)

III.

A. How are the maximum and the minimum terms of the indeterminate sentence for offenses
punishable under the Revised Penal Code determined? (3%)

B. Under the law, what is the purpose for fixing the maximum and the minimum terms of the
indeterminate sentence? (2%)

IV.

A. A was charged with homicide. After trail, he was found guilty and sentence to six (6) years and one
(1) day of prision mayor, as minimum, to twelve (12) years and one (1) day of reclusion temporal, as
maximum. Prior to his conviction, he had been found guilty of vagrancy and imprisoned for ten (1)
days or arresto mayor and fined fifty pesos (P50.00). Is he eligible for probation? Why? (3%)

B. May a probationer appeal from the decision revoking the grant of probation or modifying the terms
and conditions thereof? (2%)

V.

A vehicular accident occurred on the national highway in Bulacan. Among the first to arrive at the
scene of the accident was A., who found one of the victims already dead and the others unconscious.
Before rescuers could come, A, taking advantage of the helpless condition of the victims, took their
wallets and jewelry. However, the police, who responded to the report of the accident, caught A. what
crime or crimes did A commit? Why? (5%)
VI.

A. What is the difference between violation of domicile and trespass to dwelling? (2%)

B. A, a detention prisoner, was taken to a hospital for emergency medical treatment. His followers, all
of whom are armed, went to the hospital to take him away or help him escape. The prison guard,
seeing that they were outnumbered and that resistance would endanger the lives of other patient,
decided to allow the prisoner to be taken by his followers. What crime, if any, was committed by A’ s
followers? Why? (3%)

VII.

A, a lady professor , was giving an examination. She noticed B, one of the student, cheating. She
called the student’ s attention and confiscated his examination booklet., causing embarrassment to
him. The following day, while the class was going on, the student, B, approached A and , without any
warning, slapped her. B would have inflicted further injuries on A had not C, another student, come to
A’ s rescue and prevented B from continuing his attack. B turned his ire on C and punched the latter.
What crime or crimes, if any did B commit? Why? (5%)

VIII.

A. What other acts are considered rape under the Anti-Rape Law of 1997, amending the revised
Penal Code? (3%)

B. The Anti-Rape Law of 1997 reclassified rape from crime against honor, a private offense , to that of
a crime against persons. Will the subsequent marriage of the offender and the offended party
extinguish the criminal action or the penalty imposed? Explain. (2)

IX.

A. A, a male, takes B, another males, to a motel and there, through threat and intimidation, succeeds
in inserting his penis into the ***** of B. What, if any, is A’ s criminal liability? Why? (3%)

B. A, with lewd designs, took a 13-year old girl to a nipa hut in his farm and there had sexual
intercourse with her. The girl did not offer any resistance because she was infatuated with the man,
who was good-looking and belonged to a rich and prominent family in the town. What crime, if any,
was committed by A? why? (2%)

X.
A. A, a married woman, had sexual intercourse with a man, who was not her husband. The man did
not know she was married. What crime, if any, did each of them commit? Why? (2%)

B. A is married. He has a paramour with whom he has sexual relations on a more or less regular
basis. They meet at least once a week in hotels, motels and other places where they can be alone. Is
A guilty of any crime? Why? (3%)

XI.

A childless couple, A and B, wanted to have a child they could call their own. C, an unwed mother,
sold her newborn baby to them. Thereafter, A and B caused their names to be stated in the birth
certificate of the child as his parents. This was done in connivance with the doctor who assisted in the
delivery of C. What are the criminal liabilities, if any, of the couple A and B, C and the doctor. (5%)

XII.

A sold a washing machine to B on credit, with the understanding that B could return the appliance
within two weeks if, after testing the same, B decided not to buy it. Two weeks lapsed without B
returning the appliance. A found out that B had sold the washing machine to a third party. Is B liable
for estafa? Why? (5%)

XIII.

A, a businessman , borrowed P 500,000.00 from B, a friend. To pay the loan, A issued a postdate
check to be presented for payment 30 days after the transaction. Two days before the maturity date
of the check, A called up B and told him not to deposit the check on the date state d on the face
thereof, as A had not deposited in the drawee bank the amount needle to cover the check.
Nevertheless, B deposited the check in question and the same was dishonored for insufficiency of
funds. A failed to settle the amount with B in spite of the latter’ s demands. Is A guilty of violating B.P.
Blg. 22, otherwise known as the Bouncing Checks Law? (5%)

XIV.
A. A entered the house of another without employing force or violence upon thing. He was seen by a
maid who wanted to scream but was prevented form doing so because A threatened her with a gun.
A then took money and other valuable and left. Is A guilty of theft or robbery? Explain. (3%)

B. A fire broke out in a department store. A , taking advantage of the confusion, entered the store and
carried away goods which he later sold. What crime, if any, did he commit? Why? (2%)

XV.
A. When A arrived home, he found B raping his daughter. Upon seeing A, B ran away. A took his gun
and shot B, killing him. charged with homicide, A claimed he acted in defense of his daughter’ s
honor. Is A correct? If not, can A claim the benefit of any mitigating circumstance or circumstances?
(3%)

B. A chanced upon three men who were attacking B with fist blows. C, one of the men, was about to
stab B with a knife. Not knowing that B was actually the aggressor because he had earlier challenge
the three men to a fight, A shot C as the latter was about to stab B. may A invoke the defense of a
stranger as a justifying circumstance in his favor? Why? (2%)

XVI.

A and B were legally separated. Their child C, a minor, was placed in the custody of A, the mother,
subject to monthly visitations by B, his father. On one occasion, when B had C in his company, B
decided not to return C to his mother. Instead, B took C with him to the United States where he
intended for them to reside permanently. What crime, if any, did B commit? Why? (5%)

XVII.

A. A was nominated Secretary of a Department in the Executive Branch of the government. His
nomination was thereafter submitted to the Commission on Appointments for confirmation. While the
Commission was considering the nomination, a group of concerned citizens caused to be published
in the newspapers a full-page statement objecting to A’ s appointment. They alleged tat A was a drug
dependent, that he had several mistresses, and that he was corrupt, having accepted bribes or favors
from parties transacting business in his previous office, and therefore he was unfit for the position to
which he had been nominated. As a result of the publication, the nomination was not confirmed by the
Commission on Appointments. The official sued the concerned citizens and the newspapers for libel
and damages on account of his non-confirmation. How will you decide the case? (3%)

B. If defamatory imputations are made not by publication in the newspapers but by broadcast over the
radio, do they constitute libel? Why? (2%)

XVIII.

A. What is hazing as defined by law? (2%)

B. What does the law require before initiation rites may be performed? (3%)

XIX.
A. H a group of persons belonging to the armed forces makes a swift attack, accompanied by
violence, intimidation and threat against a vital military installation for the purpose of seizing power
and taking over such installation, what crime or crimes are they guilty of ? (3%)

B. If the attack is quelled but the leader is unknown, who shall be deemed the leader thereof? (2%)

XX.

A and his fiancée B were walking in the plaza when they met a group of policemen who had earlier
been tipped off that A was in possession of prohibited drugs. Upon seeing the policemen and sensing
that they were after him, A handed a sachet containing shabu to his fiancée B, telling her to hide it in
her handbag. The policemen saw B placing the sachet inside her handbag. If B was unaware that A
was a drug use or purse or that what was inside the sachet given to her was shabu, is she
nonetheless liable under the Dangerous Drugs Act? (5%)