CRIMINAL LAW BAR QUESTIONS

AND SUGGESTED ANSWERS

1. Exempti
Exempting
ng Circum
Circumt!n
t!nce
ce"" C#$er!g
C#$er!ge
e %&'''(
%&'''(

 A, brother of B, with the intention of having a night out with his friends, took the coconut
shell which is being used by B as a bank for coins from inside their locked cabinet using
their common key. Forthwith, A broke the coconut shell outside of their home in the
presence of his friends. What criminal liability of A, if any? Eplain !"#$
%s A eempted from criminal liability under Article ""& of the 'evised (enal )ode for 
being a brother of B? Eplain !&#$

Suggete) An*er+
a$ A is crimin
criminally
ally liable
liable for
for 'obbery
'obbery with
with force upon
upon things
things**
b$ +o, A isis not eempt from criminal
criminal liability
liability under
under Art. ""& becaus
because
e said Article
Article only to
theft, swindling or malicious mischief. ere, the crime committed is robbery.

&. Exempting"
Exempting" Min#rit,"
Min#rit," 11
11 ,r #-)"
#-)" Aence
Aence #/ Dicernment
Dicernment %&'''(

While they were standing in line awaiting their vaccination at the school clinic, (omping
repeatedly pulled the ponytail of -atreena, his  years, & months and " days old
classmate in /rade 0 at the 1ampaloc Elementary 1chool. %rritated, -atreena turned
around and swung at (omping with a ballpen. 2he top of the ball pen hit the right eye of 
(omping which bled profusely. 'eali3ing what she had caused, -atreena immediately
helped (omping.
(omping. When
W hen investigated,
investigated, she freely admitted to the school principal that she
was responsible for the in4ury to (omping5s eye. After the incident, she eecuted a
statement admitting her culpability. 6ue to the in4ury, (omping lost his right eye.
a$ %s -atre
-atreena
ena criminall
criminally
y liable?
liable? Why?
Why? !"#$
!"#$
b$ 6iscuss the attendant
attendant circumstances
circumstances and effects thereof. !&#$

Suggete) !n*er 7
+o, -atreena is not criminally liable although she is civilly liable. Being a minor less than
fifteen !0$ years old although over nine !!$ years of age, she is generally eempt from
crimin
criminal
al liabil
liability
ity.. 2he
2he ece
ecepti
ption
on is where
where the
the prosec
prosecuti
ution
on prove
proved
d that
that the act
act was
was
committe
committed d with
with discernm
discernment.
ent. 2he burden
burden is upon
upon the prosecution
prosecution to prove
prove that
that the
accused acted with discernment.

2he
2he pres
presum
umpt
ptio
ion
n is that
that such
such mino
minorr acte
acted
d with
withou
outt disc
discer
ernm
nmenent,
t, and
and this
this is
strengthened by the fact that -atreena only reacted with a ballpen which she must
be using in a class
class at the time,
time, and
and only
only to stop
stop (ompi
(omping
ng5s
5s vea
veatio
tious
us act of 
repeatedly pulling her ponytail. %n other words, the in4ury was accidental.

a$ 2he attend
attendant
ant circums
circumstanc
tances
es which
which may be consider
considered
ed are7

1. 8inority of the accused as an eempting circumstance under Art. &, par ", '(),
where she shall be eempt from criminal liability, unless it was proved that she
acted with discernment. 1he is however civilly liable9
&. %f found criminally, liable, the minority of the accused as a privileged mitigating
circumstance.
circumstance. A discretionary
discretionary penalty lower by at least two !&$ degrees than that
prescribed for thew crime committed shall be imposed in accordance with Art. :;,
par.
par.  '().
'(). 2he sentence
sentence however
however,, should
should automat
automatical
ically
ly de suspend
suspendeded in
accordance with 1ection 0!a$ of the '.A. ;":< otherwise known as the =Family
)ourts Act of <<>.

0. uti/,
uti/,ing"
ing" De/en
De/enee #/ 2#n#r"
2#n#r" Re3ui
Re3uiite
ite %&''
%&''&(
&(
When A arrived home, he found B raping his daughter. @pon seeing A, B ran
away. A took his gun and shot B, killing him. )harged with homicide, A claimed
 he acted in defense of his daughter5s honor. %s A correct? %f not, can A claim the
benefit of any mitigating circumstance or circumstances? !"#$

Suggete) An*er+

+o. A cannot validly invoke defense of his daughter5s honor in having killed B
since the rape was already consummated, moreover, B already ran away, hence,
there was no aggression to defend against and no defense to speak of.

 A may, however, invoke the benefit of the mitigating circumstance of having acted
in immediate vindication of a grave offense to a descendant, his daughter, under 
par. 0, Article " of the '(), as amended.

4. A-tern!ti$e Circumt!nce" Int#xic!ti#n %&''&(

 A was invited to a drinking spree by friends. After having a drink too many, A and
B had a heated argument, during which A stabbed B. as a result, B suffered
serious physical in4uries. 8ay the intoication of A be considered aggravating or 
mitigating? !0#$

Suggete) An*er+
2he intoication of A may be prima facie considered mitigating since it was
merely incidental to the commission of the crime. %t may not be considered
aggravating as there is no clear indication from the facts of the case that it was
habitual or intentional on the part of A. Aggravating circumstances are not to be
presumed9 they should be proved beyond reasonable doubt.

5. Exempting circumt!nce" In!nit, %&'1'(

While his wife was on a &year scholarship abroad, 'omeo was having an affair 
with his maid 6ulcinea. 'eali3ing that the affair was going nowhere, 6ulcinea told
'omeo that she was going back to the province to marry her childhood
sweetheart. )louded by anger and 4ealousy, 'omeo strangled 6ulcinea to death
while she was sleeping in the maid5s uarters. 2he following day, 'omeo was
found catatonic inside the maid5s uarters. e was brought to the +ational
)enter for 8ental ealth !+)8$ where he was diagnosed to be mentally
unstable.

)harged with murder, 'omeo pleaded insanity as a defense. Will 'omeo5s

defense prosper? Eplain!&#$

Suggete) An*er+
+o, 'omeo5s defense of insanity will not proper because, even assuming that
'omeo was =insane when diagnosed after he committed the crime, insanity
must have eisted and proven to be so eisting at the precise moment when the
crime was being committed. 2he facts of the case indicate that 'omeo
committed the crime with discernment.

6. uti/,ing Circumt!nce" B!ttere) W#m!n S,n)r#me %&'1'(

Cack and Cill have been married for seven !>$ years. Dne night, Cack came home
drunk. Finding no food on the table, Cack started hitting Cill only to apologi3e the
following day. A week later, the same episode occurred  Cack came home drunk
 and started hitting Cill. Fearing for her life, Cill left and stayed with her sister. 2o
woo Cill back, Cack sent her floral arrangements of spotted lilies and
confectionaries. 2wo days later, Cill returned home and decided to give Cack
another chance. After several days however, Cack again came home drunk. 2he
following day, he was found dead.

Cill 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 4ustifying circumstances of selfdefense under the 'evised (enal
)ode? Eplain. !&#$

Suggete) An*er+
es, 1ection &: of '.A. <&:& provides that victimsurvivors who are found by the
courts to be suffering from battered woman syndrome do not incur any criminal
and civil liability notwithstanding the absence of any of the elements for 4ustifying
circumstances of selfdefense under the 'evised (enal )ode.

7. Mitig!ting" 8#-unt!r, Surren)er %&''9(

Goluntary surrender is a mitigating circumstance in all acts and omissions

punishable under the '().

Suggete) !n*er+
False, voluntary surrender may be appreciated in cases of criminal negligence
under Art. ":0 since in such cases, the courts are authori3ed to impose a penalty
without considering Art. :& regarding mitigating and aggravating circumstances.

:. ;ri$i-ege Mitig!ting Circumt!nce %&'1&(

What is a privileged mitigating circumstance? !0#$

Suggete) !n*er+

(rivileged mitigating circumstances are those that mitigate criminal liability of the
crime being modified to one or two degrees lower. 2here circumstances cannot
be offset by aggravating circumstance. 2he circumstance of incomplete
 4ustification or eemption !when ma4ority of the conditions are present$, and the
circumstances of minority !if the child above0 years of age acted with
discernment$ are privileged mitigating circumstance.

9. Speci/ic Aggr!$!ting Circumt!nce" Ue #/ Un-icene) <ire!rm %&''9(

2he use of an unlicensed firearm in homicide is considered a generic aggravating

circumstance which can be offset by an ordinary mitigating circumstance.

Suggete) !n*er+
False, offsetting may not take place because the use of an unlicensed firearm in
homicide or murder is a specific aggravating circumstance provided for by 'ep.
 Act +o. ;&<H. %t is not one of the generic aggravating circumstances under Art.
H of the '() !(p vs Avecilla, "0 1)'A :", I&JJK$.

1'. Aggr!$!ting Circumt!nce" D*e--ing" N#cturnit," Ue #/ ;ic=-#c= %&''9(

Wenceslao and Loretta were staying in the same boarding house, occupying
different rooms. Dne late evening, when everyone in the house was asleep,
 Wenceslao entered Loretta5s room with the use of a picklock. 2hen, 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 
 4ewelry.

6iscuss the applicability of the relevant aggravating circumstances of dwelling,

nocturnity and the use of the picklock to enter the room of the victim. !"#$

Suggete) !n*er+

6welling is aggravating because the crimes were committed in the property of 
Loretta5s room which in law is considered as her dwelling. %t is well settled that
=dwelling includes a room in a boarding house being occupied by the offended
party where she en4oys privacy, peace of mind and sanctity of an abode.

+octurnity or nighttime is also aggravating because although it was not purposely

or especially sought for by Wenceslao, nighttime was obviously taken
advantaged of by him in committing the other crimes. @nder the ob4ective test,
nocturnity is aggravating when taken advantage of by the offender during the
commission of the crime thus facilitating the same. 2he use of a picklock to enter 
the room of the victim is not as aggravating circumstance under Art. H of the
)ode but punished as a crime by itself where the offender has no lawful cause
for possessing it. 2he use of picklocks is euivalent to force upon things in
robbery with force upon things.