MIDTERM EXAMINATION

CRIMINAL LAW REVIEW- Refresher Course

ARELLANO UNIVERSITY SCHOOL OF LAW
1st Semester SY 2020-2021
Judge Fredrick G. Separa

TIME ALLOTTED: 2 hours

REMINDER: Read and understand each question carefully before

answering. Take your time. NEVER leave blank spaces. ALWAYS answer with
basis or reasons otherwise no points will be given.

TYPE YOUR ANSWER in the same MS Word Document. Send it to this email
address: separa.fredrick@gmail.com after the exam. The title of the MS Word
file is your SURNAME-Criminal Law Review Refresher (Sunday). Ex. “SEPARA-
Criminal Law Review Refresher (Sunday)”. Good luck!

NAME OF STUDENT: ________________

SUBJECT: ________________________
STUDENT NO. _____________________

1. A, together with his pahinante B, were driving a Petron truck loaded with
gasoline to be delivered to their customers in Pangasinan. However, while they
were traveling along the main highway, a negligent car driver threw his used
cigarette at the truck causing the same to start burning. To save themselves, A
and B stopped and abandoned the burning truck in the middle of the road.
Unfortunately, as the road was slightly elevated, the truck continued to move
and thereafter crashed against and burned a house on the other side of the road.
A and B claimed that everything was just an accident and that they should not be
blamed for the damage of the house. Is the defense correct? (10%)

ANSWER:

2. Article 2 of the Revised Penal Code states that the provisions of the said Code
shall be applicable to crimes committed not only within the territorial
jurisdiction of the Philippines, but also outside thereof in the five (5) instances
mentioned therein. What are the underlying reasons or rationale behind each of
those five (5) instances? Explain fully one by one. (10%)

ANSWER:

3. After drinking one (1) case of Red Horse beer and taking two plates of sisig,
Nubs, a Filipino seaman, stabbed to death Sio Pao, a Singaporean seaman,
aboard M/V "Princess of the Sea", an overseas vessel which was sailing in the
South China Sea. The vessel, although Panamanian registered, is owned by
Henry Tan, a rich Filipino businessman. When M/V "Princess of the Sea"
reached a Philippine Port in Davao City, the Captain of the vessel turned over
the assailant Nubs to the Philippine authorities. An Information for Homicide
was filed against Nubs in the Regional Trial Court of Davao City. He moved to
quash the Information for lack of jurisdiction. If you were the Judge, will you
grant the motion? Why? (10%)

ANSWER:
4. Distinguish between crimes mala in se and crimes mala prohibita. May an act
malum in se be, at the same time, malum prohibitum? (10%)

ANSWER:

5. Jojo, an escaped convict, ran amuck with a bladed on board a Philippine Rabbit
Bus bound for Isabela from Manila and killed ten (10) persons. Terrified by the
incident, Brandon and Shiela who are passengers of the bus, jumped out of the
window and while lying unconscious after hitting the pavement of the road, were
ran over and crushed to death by a fast moving Pantranco bus tailing the
Philippine Rabbit Bus. Can Jojo be held liable for the death of Brandon and
Shiela although he was completely unaware that the two jumped out of the bus?
Explain. (10%)

ANSWER:

6. Accused is convicted of estafa through falsification of public document. The

penalty presribed by law for estafa is arresto mayor in its medium and
maximum periods while that for falsification of public document is prision
mayor.

a. What is the indeterminate penalty to be imposed upon the accused? (5%)

ANSWER:

b. If accused has two (2) ordinary mitigating circumstances and one (1) ordinary
aggravating circumstance, would the indeterminate penalty be the same?
(5%)

ANSWER:

7. When Lito, a notorious robber in the neighborhood, was apprehended by an

irate crowd. While he was being held from behind by Mark, Nick stoned Lito,
hitting him on the head. Orven hit him on the knee with a piece of wood, and
Pedro stabbed him on the chest, which stabbing was the cause of the death of
Lito. Said acts were committed almost simultaneously to the surprise of Mark.
Are Mark, Nick, Orven and Pedro criminally liable for any act? Reason fully their
degree of participation. (10%)

ANSWER:
8. Ariel chanced upon three men who were attacking Ben with fist blows. Carl, one
of the men, was about to stab Ben with a knife. Not knowing that Ben was
actually the aggressor because he had earlier challenged the three men to a fight,
Ariel shot Carl as the latter was about to stab Ben. May Ariel invoke the defense
of a stranger as a justifying circumstance in his favor? Why? (10%)
ANSWER:

9. Enumerate all the prescriptive periods for the different kinds/classes of crime
AND penalties. When does the period commence and when would it be
interrupted? (10%)

ANSWER:

10.Rita was convicted of homicide. The trial court appreciated the following
modifying circumstances: the aggravating circumstance of nocturnity and the
mitigating circumstance of passion and obfuscation, no intent to commit so
grave a wrong, illiteracy and voluntary surrender. The imposable penalty for
homicide is reclusion temporal the range of which is twelve (12) years and one
(1) day to twenty (20) years. Determine the penalty to be imposed upon accused
after considering the different modifying circumstances and ISLAW. (10%)

ANSWER:

-GOOD LUCK–