QUIZ

CRIMINAL LAW REVIEW

Manila Law College
1st Sem 2020-21
Prof: Pros. Ma. Julpha Maningas
Sept. 11, 2020
Group 1

1. Enumerate the elements of a frustrated felony (10 points).

The following are elements of frustrated felony:

1. That the accused has passed the subjective phase and is now in
the objective phase, or that portion in the commission of the crime
where the accused has performed the last act necessary to produce
the intended crime and where he has no more control over the
results of his acts.
2. The non-production of the crime should not be due to the acts of
the accused himself, for if it were he would be liable not for the
frustrated stage of the intended crime, but possibly for another
offense.

2. On July 1, 2020, Ara was on her way home on board a passenger

jeepney driven by her husband Brando. As she and her daughter
were alighting from the jeepney, Ara heard two successive gunshots.
At the time she heard the sound fo the first gunshot, she was helping
her daughter get off the jeepney but she was able to get a glimpse of
her husband lying face down on the steering wheel of the jeepney.
She heard another gunshot and immediately took cover embracing
their daughter. She felt that she had also been hit by gunfire. A few
seconds later, Ara stood up and saw Mario carrying a gun about two
feet long. She was then approximately 7 meters away from Mario,
whom she recognized because of the light coming from the jeepney’s
headlights and a street post. She cried out to her son Teddy,
shouting that her husband Brando had been shot by Mario. Teddy
came out of their house, embraced her and noticed that she was also
hit because she had blood on her back. Ara lost consciousness but
regained her bearings soon enough. She was then taken to UST
hospital and was treated there for one day. What crime or crimes did
Mario commit against Ara? (Justify) 10 points.

The crime that Mario committed was attempted homicide.

In attempted phase of homicide the accused commences the

commission of a felonious act directly by overt acts but does not
perform all the acts of execution due to some cause or accident other
than his own spontaneous desistance.

Here, the wound of Ara is not fatal but the overt act of homicide is
present although Mario did not perform all his act of execution.
 Hence, Mario committed attempted homicide.

3. Distinguish crimes MALA IN SE from crimes MALA PROHIBITA ( 5

points).

Mala in se are evil in nature while mala prohibutum are not but
because there is only a law that punishes it.

Mala in se are crimes in Revised Penal Code while mala Prohibitum are
in Special Laws.

There is intent in Mala in se while intent is absence in Mala

Prohibitum.

4. At 11:00 p.m. on January 1, 2020, Lemuel was outside his house

located inside Amari Compound, resting and taking some fresh air.
While he was u front of the house, Lemuel saw Manuel drunk and
walking in a zigzag manner to the door of Lemuel’s house. Manuel
knocked at the said door three times, cursing and calling Noli to go
downstairs and have fight with him. Noli woke up and went
downstairs. As Noli approached Manuel, the latter suddenly stabbed
Noli with a fan knife. Noli evaded the thrust. When Manuel made
another thrust, Noli caught Manuel’s hand with the knife and twisted it
towards his stomach. Manuel’s body was stabbed. Thereafter, Noli
ran to his sister’s house located nearby and reported to her what had
just happened. Then Noli was arrested. Can Noli invoke self-defense?
(10 points).

Yes, there is unlawful aggression, reasonable necessity of means to

repeat or prevent it and there is lack of provocation on the part of him.

The act of Manuel is an act of unlawful aggression at the same time

the reasonable means Noli applied is equal to the knife/ weapon that
Manuel has and there was no provocation on his part.

Hence, the complete defense of self-defense can be invoked by Noli.

5. How is voluntary surrender appreciated as a mitigating circumstance?

(5 points).

In Voluntary Surrender, the offender must had not been actually arrested;
the surrender was made to a person in authority or the latter’s agent; and
Surrender was voluntary and unconditional

6. Pepito, a PNP member, fired a shot in the air and pointed the barrel of
the gun and shot the victim Rocio three times. May the qualifying
circumstance of treachery be appreciated since a warning shot was
fired? Explain ( 10 points).

No, in treachery the offender commits any of the crimes against the
person, employing means, methods or forms in the execution thereof
which tend directly and specially to insure its execution, without risk
to himself arising from the defense which the offended part might
make.
The fact that there was a warning shots, the victim heard it and he
has an opportunity to run and evade the shot.

Hence, there is no treachery.