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Instructions: Answer Each Question Completely. Cite Appropriate Provisions and

This document contains a 10 question criminal law exam for a final examination. It includes questions that test understanding of key concepts in criminal law like the difference between a principal by indispensable cooperation and an accomplice, definitions of terms like mala in se and mala prohibita, analysis of fact patterns involving possible criminal liability for offenses like homicide and rape, and identification of aggravating and mitigating circumstances. Examinees are instructed to answer completely and cite appropriate legal provisions and jurisprudence to support their answers.

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377 views3 pages

Instructions: Answer Each Question Completely. Cite Appropriate Provisions and

This document contains a 10 question criminal law exam for a final examination. It includes questions that test understanding of key concepts in criminal law like the difference between a principal by indispensable cooperation and an accomplice, definitions of terms like mala in se and mala prohibita, analysis of fact patterns involving possible criminal liability for offenses like homicide and rape, and identification of aggravating and mitigating circumstances. Examinees are instructed to answer completely and cite appropriate legal provisions and jurisprudence to support their answers.

Uploaded by

Kin Favor
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Foundation University

College of Law
CRIMINAL LAW REVIEW (Book I)
FINAL EXAMINATION
Atty. Reynil C. Arcide

Instructions: Answer each question completely. Cite appropriate provisions and


jurisprudence. An answer without any legal basis will merit no points.
Use your best judgment. FAILURE TO FOLLOW INSTRUCTIONS SHALL
MERIT THE APPROPRIATE DEDUCTIONS.

I. OBJECTIVE

A.

1. What is the difference between a PRINCIPAL BY INDISPENSABLE


COOPERATION from an ACCOMPLICE?
2. Who are accessories?
3. What are afflictive penalties?
4. What is a complex crime?
5. What are the kinds of complex crimes?
6. Distinguish between a CONTINUOUS CRIME from a CONTINUING
CRIME.
7. Enumerate 3 absolutory causes under the Revised Penal Code.
8. State and classify completely the different penalties provided under the
Revised Penal Code according to their classification as grave, less grave
and light.
9. What is a privileged mitigating circumstance?
10. Give atleast three instances where an accused is disqualified to apply for
probation.

B. Define/distinguish the following terms:

11. Mala in se and mala prohibita 


12. Aberratio ictus, error in personae, and praeter intentionem 

II. ESSAY

1. Charlit, a minor, was caught stealing an internet prepaid card from a


computer shop while the attendant was busy loading another customer’s
cell phone. She was then caught and brought to the nearby police station
for questioning while waiting for her parents and the DSWD
representative. Charlit read about RA 9344 on the internet and said that
she is exempt from criminal liability since she just turned 15 years old
yesterday? Is she correct?

2. Jude, brother of Judy, with the intention of having a night out with his
friends, took the coconut shell which is being used by Judy as a bank for
coins from inside their locked cabinet using their common key. Forthwith,
Jude broke the coconut shell outside of their home in the presence of his
friends.

Is A exempted from criminal liability under Article 332 of the Revised


Penal Code for being a brother of B? Explain

3. While they were standing in line awaiting their vaccination at the school
clinic, Pomping repeatedly pulled the ponytail of Katreena, his 11 years, 2
months and 13 days old classmate in Grade 5 at the Dumaguete
Elementary School. Irritated, Katreena turned around and swung at
Pomping with a ballpen. The top of the ball pen hit the right eye of
Pomping which bled profusely. Realizing what she had caused, Katreena
immediately helped Pomping. When investigated, she freely admitted to
the school principal that she was responsible for the injury to Pomping’s
eye. After the incident, she executed a statement admitting her culpability.
Due to the injury, Pomping lost his right eye.

a. Is Katreena criminally liable? Why?


b. Discuss the attendant circumstances and effects thereof.

4. When Randy arrived home, he found Ronald raping his daughter. Upon
seeing Randy, Ronald ran away. Randy took his gun and shot Ronald,
killing him. Charged with homicide, Randy claimed he acted in defense of
his daughter’s honor.

a. Is Randy correct?
b. If not, can Randy claim the benefit of any mitigating circumstance or
circumstances?

5. Andrew was invited to a drinking spree by friends. After having a drink


too many, Andrew and Dino had a heated argument, during which
Andrew stabbed Dino. as a result, Dino suffered serious physical injuries.
May the intoxication of Andrew be considered aggravating or mitigating?

6. While his wife was on a 2-year scholarship abroad, Romeo was having an
affair with his maid Dulce. Realizing that the affair was going nowhere,
Dulce told Romeo that she was going back to the province to marry her
childhood sweetheart. Clouded by anger and jealousy, Romeo strangled
Dulce to death while she was sleeping in the maid’s quarters. The
following day, Romeo was found catatonic inside the maid’s quarters. He
was brought to the National Center for Mental Health (NCMH) where he
was diagnosed to be mentally unstable.

Charged with murder, Romeo pleaded insanity as a defense. Will Romeo’s


defense prosper? Explain

7. Jack and Jill have been married for seven (7) years. One night, Jack came
home drunk. Finding no food on the table, Jack started hitting Jill only to
apologize the following day. A week later, the same episode occurred –
Jack came home drunk and started hitting Jill. Fearing for her life, Jill left
and stayed with her sister. To woo Jill back, Jack sent her floral
arrangements of spotted lilies and confectionaries. Two days later, Jill
returned home and decided to give Jack another chance. After several days
however, Jack again came home drunk. The following day, he was found
dead.

Jill was charged with parricide but raised the defense of “battered woman
syndrome”. Would the defense proper despite the absence of any of the
elements for justifying circumstances of self-defense under the Revised
Penal Code? Explain.

8. Wenceslao and Loretta were staying in the same boarding house,


occupying different rooms. One late evening, when everyone in the house
was asleep, Wenceslao entered Loretta’s room with the use of a picklock.
Then, with force and violence, Wenceslao ravished Loretta. After he had
satisfied his lust, Wenceslao stabbed Loretta to death, and, before leaving
the room, took her jewelry.

Discuss the applicability of the relevant aggravating circumstances of


dwelling, nocturnity and the use of the picklock to enter the room of the
victim.

9. Jia, a Filipino citizen was sailing across the Atlantic Ocean on a Philippine
registered boat with her friend John. John accused Jia of being corny and
in anger, Jia punched John. John was able to avoid Jia’s punch and
punched Jia back, and as a result thereof, Jia fell of the boat and drowned.
Discuss Jia and John’s criminal liability, if any.

10. Mr. X and Mr. Y engaged in a violent fistfight which Mr. X instigated. This
culminated in Mr. X repeatedly smashing Mr. Y's head on the concrete
pavement. Thereafter, Mr. X left Mr. Y barely breathing and almost dead.
A few minutes after the incident, Mr. X immediately went to the police
station to confess what he did and told the police where he left Mr. Y.
Fortunately, the police rescued Mr. Y and he survived with the help of
timely medical intervention. Mr. X was then charged in court with
Frustrated Homicide, to which he openly confessed his guilt upon
arraignment.

Based on the above-stated facts, what is/are the mitigating circumstance/s


that may be appreciated in favor of Mr. X. Explain.

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