FINAL EXAM

CRIMINAL LAW – BOOK 1

SECOND Semester 2020-2021

1.
A, the ambassador of China to the Philippines, raped a hotel employee inside the
Manila hotel and thereafter killed her by stabbing her 50 times.

Can A be held criminally liable for rape with homicide? Explain. (10 points)

2.
Alex, is a Filipino citizen working in Dubai. While in Dubai, he killed his friend
Rolex, also a Filipino citizen. Then Alex immediately leave Dubai and went home
to Philippines. The crime was eventually discovered,

Can Alex be charged here in the Philippines for killing Rolex in Dubai? Explain.
(10 points)

3.
Pedro was a janitor at UEP. He was very suspicious and has a great fear for bad
elements, one evening, while he was already sleeping, with light tuned off, at his
boarding house located at the remote area of the university, his co-boarder, Juan
tried to scare him by knocking loudly on the door. Pedro has called twice “who is
there” but received no answer. Fearing that the intruder was a robber, Pedro held
his pocket knife hidden under his pillow and shouted “if you enter this room I will
kill you”. At this instance Juan kicked the door and the chair that was placed by
Pedro by the door flew and hit Pedro, so he panicked and he struck Juan with his
knife. Juan died. Can Pedro be held criminally liable? (10 points)

4.

Charlie hated his classmate, Brad, because the latter was assiduously courting
Lily, Charlie’s girlfriend. Charlie went to a veterinarian and asked for some poison
on the pretext that it would be used to kill a very sick, old dog. Actually, Charlie
intended to use the poison on Brad. The veterinarian mistakenly gave Charlie a
non-toxic powder which, when he mixed it with Brad’s food, it did not kill Brad.

Is Charlie criminally liable for his acts as stated above? If so, why? If not, why
not? (10 points)

5.

What is the purpose of the law in punishing an impossible crime? (10 points)

6.

Alex suddenly attacked Rolex using a knife. Rolex was hit thrice at the stomach
by the stab blows delivered by Alex and fell to the ground. Sensing that Rolex will
die already of the stab wounds he delivered, Alex turned around and walked
away from Rolex. When he was about 5 meters away from Rolex, Rolex
suddenly got up and drew his 9mm pistol and shot Alex once while the latter was
walking away from him, hitting Alex at the head which caused his instant death.

Rolex was sued by the relatives of Alex for the death of Alex. Rolex invoked self
defense to justify his act. Is the invocation of Alex of self defense correct?
Explain. (10 points)

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 7.

Baldo killed Conrad in a dark corner, at midnight, on January 2, 2000. Dominador

witnessed the entire incident, but he was so scared to tell the authorities about it.
On January 2, 2010, Dominador, bothered by his conscience, reported the matter
to the police. After investigation, the police finally arrested Baldo on January 6,
2020. Charged in court, Baldo claims that the crime he committed had already
prescribed.

Is Baldo’s contention correct? Explain. (10 points)

8.

Lorenzo escaped from jail where he was serving sentence. Some days
afterwards, Felipe, a policeman, found Lorenzo but the latter is armed with a
pointed piece of bamboo in the shape of a lance and demanded his surrender.
Lorenzo instead of surrendering suddenly struck Felipe with the lance but the
latter dodged the same and to impose his authority fired his revolver but the
bullet did not hit Lorenzo, who immediately ran away, without parting with his
weapon. Felipe went after him and fired again his revolver, at the running
Lorenzo, this time hitting Lorenzo at the back of his head which caused his
instant death.

Is Felipe liable for the death of Lorenzo? Explain. (10 points)

9.

Differentiate fulfillment of duty from self defense as a justifying circumstance. (10

points)

10.
Totoy was driving his car on a narrow road with due diligence and care when
suddenly he saw a “six by six” truck in front of his car. If he would swerve his car
to the left he would fall into a precipice or if he would swerve his car to the right
he would kill a passer-by. He was forced to choose between losing his life in the
precipice or sacrificing the life of the innocent bystander. He chose the latter,
swerved his car to the right, ran over and killed the passer-by.

Totoy was sued for the death of the passer-by. He however argued that he is not
criminally liable as his act was justified under Article 11 of the Revised Penal
Code. Is Totoy correct? Explain. (10 points)

-END-

Good luck and God bless!

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