es a | e CRIMINAL LAW LD, HE JUDGE DENNIS M1. VILLAIGNACIO iald-Term Examinations ‘August 16, 2000 (Wednesday) First Semester, 2000-2001 6:00 — 8:00 p.m. ‘ : ee els G) Wihet are the exceptions 10 the pidspecive application of eriminal saws? | (Ghiiow are penal aws construed and rtrnyeeg? @) sn sa (Ef) what are the elements of felonies? i rae Re oe eat Be sear EE EES SL ‘eh pgs else . ©) sity felonies according te — (7) mode of exeeitton: (2) stage of execution, ard . (syipravtys ars Me } what do ‘you Uindérstand by aberratio” ictus; “error in personae. énd- practer | 80" so ? intentionem? bs ates eet [aren £5 panea te tape 8; a sicVear of git. Because the gtl recites. and shouted.and nc crearod A covered her mouth to slencé ter but-the GIt choke ‘and dled. A was SRarged fer ths death of B. A's defense was tat his only jntontion.was-to rape ner and not to kil here Sh erminally table forthe death of BP Why? OV te cus fad 2 ISA entitled tthe mtigaing crcumstance of no Iter! to commit so grave @ wrong? Explain oats = . <= “8.p,Gane D planned to KIX. On ine night agreed upon, A,B,C-and D, all ermed ~ wit aves: wated for to pass by. On.seelng X, oni A ‘and B grabbed X and dragged i reipcectided place onthe roadaide. C ld not follow A ‘and B-and just sidod,by on the road as 2 lookout, whle D panicked ant a8 away: fueeee Eat this point, A-tepeatedly stabbed X while'B held X's: arms. nang that Xwas already dead, A, and C huariedly leh ce who was sill aive, was brought 10° nearby litle bya passerby Unfonarately, onty an intern was on duty. On seeing tne serious condition, of.X, the intern performed surgical operations on X. Bul because ‘of lack ofi skill and experience “by thetinterh, X-died. i) Are ABC and-D-ccminally fable for the des Yor X? Explain.:: > » ) Is the intern criminally liable? Why? - rans - c) At what stage of execution of the felony would the accused be held liable? Expiain. 4) What mifigating or aggravating crcumstape if any, would youconsider? Why? v. ‘A, an avid suitor of B, met the latter. in 2 public street one afternoon. iijelliately'émbraced and xised B who violently resisted. Feeling embarrassed anid umilatetr, Brsincetben ‘armed herself ‘with 2 fan knife end vowed to get even wih AS “Ore: night, “Bavenkte. ‘the, barrio chapel know re too,: True enough, A, j “S ype seeing 8, seated himsek beside B. B, wil “etabbed A al.the base | of his neck which proved {o;be fatal prosecuted for the death of A, 8 Invoked defense : ofherthondre 9213s e i * 5) We Beriminaly Hable? Explain. \ 'b) Is B entitled to any! mitigating circumstance? Explain. ©) Would you consider the aggravating ‘ckcumstance Of =) poet rien i ee f eesuectocrne? nighttime; os a evident premeditation: and emer Pr agenepe arn piace devoted for worship? ‘Expldin. : f *s please see back -¥ Bye Pe : Mo * ; . “ G@® Wen are light felories punishable? - ot 1 \2. ‘ When is conspiracy and proposal to commit felory punishable? 4) cn , What are the cireumstances affecting criminal billy? 1 ee pele ot Y nous na = vi ane @) A, a known insane person, end B, an 8-year oid boy, sole the ring of C worth 10,000.00. D, knowing that ii has been stolen, boughi it for P200.00 1) Are A,B and D criminally liable? Explain. oud a ee A and B are acquitled, may the court sil conwici D? Why? is instigation fr trapment. (Diaieatenaipton rom scanntal cases pir epiacag ima vat A, an overseas worker, had been absent from the country for 2 straight years. of ‘When he returned, he ciscovered nis wife to be pregnant. Realizing that C was nis i wife's paramour, A immediately planned to kill C through D whom he paid for the 4 purpose, D klled the patemour. = a) What is the participation of A and D in the killing of C? \ d) Is A and/or D entitied to the mitigating circumstance of passion and obfuscation? Explain. . ©) What aggravating creumsiance, € any, moy the court appreciate? Explain * > \ % @ A, after kiling his wife. ran to a neighber’s house. When the policeman arrived, they surrounded the house and called upon A to surrender. A came out of the house with raised hands. and peacefully surrendered. During the hearing before the public prosecutor, A voluntarily admitted his guit. What miigating circumstance would A ba entitled to? Explain. 0) Als a close-friend.of B.. One night, A told B thal X is a np good person.and j deserves to die. 6 retorted and said, “Yes, | know that is why | am going to kil him tonight*. A told B that “I you do that, | am going to give you P10,009.00 B killed X that nighi and after doing so returned fo A and said, “I have already kiled X*. A, in compliance with his promise gave B the P10,000.00, 1) Ate A and B criminally liable? Explain, 2) Whal agyravating circumstance may the court appretiate?’ Explain. Distinguish ignominy from-eruetty. =) ray A, a suilor of B, wailed for the laiter-at about midnight along a dark and deserted alley near her house. When B atrived, A sneaked up to her from behind, grabbed her breasis and threw.her to the ground. B's head hit a large stone and dled as a consequence. ‘Thinking that 8 merely lost consciousness, A proceeded to rape her. 4) Is:A criminally liable for the death of B2 Why? 2) What mitigating circumstance, F any, would A be entitled to? Explain. 3) Would you consider and appreciate the aggravating circumstances of — treachery nighttime superior strength uninhabited place evident premeditation? Explain, = good luck