MID TERM EXAMINATIONS “COURT TESTIMONY” ATTY.

HADJI HROTHGAR HIDLAO

August 25, 2018

Directions: Read the Questions very carefully. A “Yes” or “No” will not suffice. Goodluck and God Bless.
Questions 1 to 5 are worth 10 points each.

PART 1

1. Adam, a police officer assigned in Passi City, was on his way home on board a motorcycle after a
24 hour duty. It was almost midnight when he passed by 2 men near the house of the barangay
captain acting suspiciously. He alighted from his motorcycle and walked towards the 2 men. The
two noticed Adam then suddenly they ran. He was about to chase the 2 men when he heard a
loud cry from inside the house of the Brgy. Captain asking for help. So Adam gave chase and
fired a warning shot to the 2 men, one fired back. But they did not stop. As an expert marksman,
he shot the 2 men and was able to hit them both. Both died on the spot. When the other police
officers arrived and conducted an investigation, they found out that the barangay captain was
shot dead.

a. What was the crime/s committed by Adam? If any?

b. Is Adam justified in killing the 2 men?

2. Iska is 14 years old. She was born on August 21, 2004. She is studying at Passi High School. One
of her classmates, Jun, had a big crush on her. On August 25, 2018, at around 5 pm, Iska was
walking along the highway when suddenly Jun hugged her and kissed her. Alarmed and afraid,
Iska pushed Jun away, when suddenly a Ceres bus passed hitting Jun. He died immediately.

a. What was the crime/s committed by ISKA? If any?

b. Who is liable for the death of Jun?

3. When is an arrest without a warrant lawful? Discuss.

4. Adam, a police officer assigned in Passi City, together with his buddy, Elmo, were conducting
visibility patrols along Simeon Aguilar St. at around 10:00PM when they chanced upon 2
teenagers Sam and Piolo who are still wearing their school uniforms, sitting at the bench. When
Adam and Elmo passed by Sam and Piolo, Adam smelled liquor aroma coming from the two. So
Adam went back to talk and advise Sam and Piolo to go home. As Adam was talking to the two,
Elmo noticed that was Piolo was covering his bag with a noticeable bulge with his hands. So
Elmo asked Piolo what was inside. Immediately, Sam and Piolo ran away from the two police
 officers. Adam and Elmo chased the two and was able to hold the two. When Elmo searched
the bag of Piolo, he found a dissembled m16 rifle with two magazines loaded with bullets. Adam
also found a knife and 5 sachets containing white crystalline substance from Sam.

a. What crime/s were committed by Sam and Piolo? Why?

b. Is the search conducted by Adam and Elmo proper?

5. Adam, a police officer assigned in Passi City, together with his buddy, Elmo, were conducting
police checkpoint near Citymall in Passi City. Suddenly, Adam received a text message from an
unknown number that a black unlicensed innova is carrying assorted firearms and shabu and
will pass by Passi City in an hour. Immediately, Adam informed his superiors, and the latter
instructed other members of the Passi City PnP to proceed at the checkpoint. After a while,
Adam noticed a black innova is speedily approaching. They instructed the driver to park the car.
The driver immediately opened a window and waved at the Police Officers. Adam noticed that
there were boxes inside. So he asked the driver to open the back side of the car, sweating
profusely, the driver unlocked the back side. When they opened the back side of the car, Adam
and his companions saw stacked long fire arms. When they opened the boxes, they also saw
assorted firearms and transparent plastic bags containing white crystalline substances.

a. What crime/s was committed by the driver of the innova?Why?

b. Is the search proper? Why?

PART 2. (30 pts)

Adam, a police officer assigned in Passi City, together with his buddy, Elmo, were conducting
visibility patrols along Simeon Aguilar St. at around 10:00PM when they chanced upon 2
teenagers Sam and Piolo who are still wearing their school uniforms, sitting at the bench. When
Adam and Elmo passed by Sam and Piolo, Adam smelled liquor aroma coming from the two. So
Adam went back to talk and advise Sam and Piolo to go home. As Adam was talking to the two,
Elmo noticed that was Piolo was covering his bag with a noticeable bulge with his hands. So
Elmo asked Piolo what was inside. Immediately, Sam and Piolo ran away from the two police
officers. Adam and Elmo chased the two and was able to hold the two. When Elmo searched
the bag of Piolo, he found a dissembled m16 rifle with two magazines loaded with bullets. Adam
also found a knife and 5 sachets containing white crystalline substance from Sam.

- Prepare a Criminal Complaint Affidavit against Sam and Piolo.

TRUST THE PROCESS