CRIMINAL LAW

MIDTERM EXAMINATION
October 18, 2016

INSTRUCTIONS: The exam is good for three hours. Answer the questions legibly, clearly and concisely.
Start each number on a separate page. An answer on a sub question under the same number may be
written continuously on the same page and the immediately succeeding pages until completed. A mere
yes or no answer without any corresponding explanation or discussion will not be given any credit. Thus,
always briefly but fully explain your answers although the question does not ask for an explanation. You
can use the questionnaire for outlines/notes you may wish/need to write during the examination.

1. Polano suspecting that his wife Polana was committing adultery with her paramour Suba,
follows her in a rice field but loses her. While going home in the dark, Polano stumbles upon
Suba and a woman copulating in the dark. Believing that they were Suba and Polana, Polano kills
both of them. It turned out that the woman was not Polana. Prosecuted for murder, Polano
raises the defense of mistake of fact. Will Polano be exculpated from liability? Decide. (5)

2. Polano, who was being chased by Suba, was stabbed by the latter, and Polano parried the blow,
he was wounded on the left hand. After being stabbed by Suba, Polano still tried to run farther,
but unluckily, his foot got caught in a vine on the ground and he fell, whereupon out of
nowhere, Pogi arrived and stabbed Polano near his anus while he was lying forward in the
ground. Pogi was followed by Jab, who stabbed Polano on the left breast and upper part of the
left arm. Polano stood up slowly and walked zigzagly towards the store and when he arrived in
front of the store, he fell on the ground. Who is criminally liable to the death of Polano? Explain.
(5)

3. Distinguish the following; a. proximate cause from intervening cause, and b. immediate cause
from intervening cause. (5)

4. Polano is happily married to Polana in the Philippines, however things changed when Polano
was assigned in a foreign based corporation in the states. He no longer sends monthly support
to Polana for a year already. Worried of the well-being of his husband, Polana inquired to a
friend in the states and there, she found out that his husband his already married to an
American citizen. Enraged, he filed a case for bigamy in the RTC of Manila. A warrant of arrest
was issued, hence members of the NBI were sent to the US to affect the arrest. Arrested, Polano
insisted that the RPC has no jurisdiction over his person. Decide (5)

5. Polano and Pogi, although brother-in-law’s have not been in good terms because of the
continuous nocturnity of the latter. One night they had a quarrel, and at the height of their
quarrel. Polano shot Pogi using his air gun. The latter was hit at the stomach which bled
profusely. Upon seeing the state of his brother in law, Polano assisted Pogi and put him on the
bed and went away to call a doctor. While he was away, Suba rose from the bed, went to the
kitchen, got a kitchen knife and cut his throat. The doctor arrived and examined the body of the
deceased and revealed that the wound in the stomach is only superficial, only that it is a
bleeder. However, he could no longer be saved because of the injury in the throat that took his
life. Polano was prosecuted for the death of Pogi. Is he criminally liable for the death of Pogi?
Explain. (5)

6. Polano is a well-known faith healer in Marawi City. His self-made medicines were known as
miraculous medicine that can cure any diseases. Suba, who is suffering from a chronic heart
ailment sought medical care with Polano’s traditional healing procedure. The process of healing
lasted for a month, however, Suba died. A criminal case was filed against Polano, by the family
of Suba. Allegedly, it was Polano’s unpurified medicines that accelerated the death of Polano. Is
Polano, criminally liable? Decide. (5)
7. X attacked A. while the assault was on progress, B grabbed the weapon from X. as a
consequence, C a passerby, was hit by the weapon leading to his death. Who is responsible for
the death of C? Explain. (5)

8. Polano, had been persistently courting Polana. However, despite the earnest effort, Polana
turned down the offer of love because her heart was already committed to Suba. Polano
accepted wholeheartedly his defeat to Suba, however out of jealousy, he planned to get even
with Suba, by scaring him off somehow. His planned was to place a rubber snake which
appeared to be real in the backpack of the victim to annoy or vex him. He succeeded in his plan
of placing the rubber snake in the backpack of Suba, however unknown too him, Suba has heart
ailment. Upon opening the same, Suba died out of heart attack. Is Polano liable for the death of
Suba? Decide. (5)

9. Polano, was deeply in-love with Polana. However, his effort is meaningless because Polana had
been very vocal that he will never accept the love of Polano against all odds. These frustrations
lead Polano to devise a plan to hasten the courtship stage to marrying stage by raping Polana.
Out of persistence, he was able to have Polana agreed to a date. To give life to his plan, he
bought a potion love to arouse sexual desire, however, the pharmacist mistakenly give him an
arsenic tablet that can cause instant death. On their date, Polana was able to sneak the tablet to
the glass of Polana. Polana drunk the juice that she ordered, however nothing happened
because Polana is immune from the arsenic tablet. Is Polano criminally liable, and if yes what
crime? Explain. (5)

10. Polano wanted to kill Suba. However, Suba is nowhere to be found. One night, he was spotted
by Polano going to residential building. Polano stayed to ensure that is the place of abode of
Suba and to further confirm where part of the house Suba is occupying. After affirming the
information, he went back and using an M-16 fired at the quarter of the house where Suba is
occupying. However, Suba was not in the house at that night. Is Polano criminally liable? If yes,
for what crime? (5)
a. Will your answer be the same if the weapon used is a hand grenade? Explain. (5)

11. Polano being aware that Polana is wearing an expensive watch decided to rob her using a 45
caliber pistol. At an alley, he cornered Polana by threatening him with a caliber pistol. However,
to his dismay, the victim Polana was not carrying the watch at the time of robbery. Is Polano
criminally liable and for what crime? Explain (5)

12. Polano induced his friend Pogi, in consideration of money, to kidnap a girl he is courting so that
he may succeed in raping her and eventually make her accede to marry him. Pogi asked for
more money which Polano failed to put up. Angered because of the failure of Polano to put up
the money he required, he reported to the police. Is Polano criminally liable? Explain. (5)

13. Polano was fishing in a part of lake Lanao adjacent to the house of Suba, which the latter
claimed as his personal domain to the exclusion of others. When noticed by Suba, he ordered
Polano to stop fishing in his claimed area. However, the order was disregarded by Polano, and
continued his fishing activity that caused Suba to board his boat, and thru force, threw him in
the water. Polano, unfortunately did not know how to swim so struggled in keeping himself
afloat by seizing the gunwale of the boat. Suba tried loosening the hold of the victim with the
gunwale but was prevented by Sumo, who witness the scene. Is Suba criminally liable, if yes for
what crime? (5)

14. Polano snatched the shoulder bag of Polana hanging on her left shoulder. Immediately
thereafter, he rode together with Pogi their gate away motorcycle, however they were chased
by the police. Out of wariness, Pogi, who was driving the motorcycle lost control and bumped
into a parked car causing his death. The court convicted Polano of Robbery with Homicide. Is the
judgment correct? Explain (5)
15. Polano and Pogi, both armed with knives attacked Suba. The victim’s son Sumo, upon seeing the
attack drew his gun but was prevented from shooting the attackers by Toto. Who grappled with
him for possession of the gun. Suba died from knife wounds. Polano, Pogi, and Toto were
charged with murder. In his defense, Toto invoked the justifying circumstance of avoidance of
greater evil or injury, contending that by preventing Sumo from shooting Polano and Pogi, he
merely avoided a greater evil or injury. Will the defense prosper? (5)

16. Polano and Pogi devised a plan to murder Suba. In a narrow alley near the house of Suba,
Polano will hide the security light post and shoot Suba when the latter passes through on his
way to work. Pogi will come from the other end of the alley and simultaneously shoot Suba from
behind. On the appointed day, Polano was apprehended by the authorities before reaching the
alley. When Pogi shoot Suba as planned he was unaware that Polano was arrested earlier.
Discuss the criminal liability of Polano if any. Explain (5)

17. Polano got into a heated argument with Pogi. Pogi was shouting the words putangina mo. (your
mother is a whore). Polano cursed back by saying Poki ina ka (vulva of your mother and boxed
Pogi. Polano noticed Pogi pulling out a knife, so for fear of his life, Polano grappled the
possession of the knife with Pogi and in the process Pogi was stabbed. Polano pleaded guilty and
invoked self-defense as a defense. Will the defense lie? (5)

18. Polano was taken to a farm by a group of bandits. He was given a bolo by Suba, one of the
bandits and told him that their chief wanted to kill the farmer who was sleeping inside the hut.
Polano refused, but after Suba told him, “you have to comply with that order of the chief,
otherwise you will have to come along with us. Polano, killed the farmer. Is he criminally liable?
(5)

19. Cite at least five mitigating circumstances. (5)

NOTHING FOLLOWS!!!