Republic of the Philippines

CAVITE STATE UNIVERSITY

Bacoor City Campus
SHIV, Molino VI, City of Bacoor

DEPARTMENT OF CRIMINOLOGY

Third Year Midterm Exam

Name: Mangua, Jan Bryan L. Date: Nov 04,

2021
Year & Sec: 3-1

1. In the case of People v. Genosa treachery as a qualifying circumstance was not taken
against the accused by the Supreme Court. A. Explain the reason of the Supreme Court in
resorting to that action. B. What are the elements of treachery?
 Because of the gravity of the resulting offense, treachery must be proved as conclusively
as the killing itself. Besides, equally axiomatic is the rule that when a killing is preceded
by an argument or a quarrel, treachery cannot be appreciated as qualifying
circumstance, because the deceased may be said to have been forewarned and to have
anticipated aggression from the assailant.
 The court repealed Ms. Genosa’s death sentence and released her in consideration of
her six years spent in prison. This is a landmark case in acknowledging the deep
psychological impact abusive relationships have on women. By setting a legal precedent
to consider BWS as an extenuating and real circumstance, the Supreme Court promoted
a stronger legal recognition of and protection for abused women.
 The court ruled that as a victim of BWS, her husband’s cumulative provocation had
broken down her self-control and made the murder an act of passion.
 For treachery to be considered, two elements must concur:
(1) The employment of means of execution that gives the persons attacked no
opportunity to defend themselves or retaliate; and
(2) The means of execution were deliberately or consciously adopted.

2. Can the Battered Wife Syndrome totally exculpate an accused in a criminal case? Explain.
 Yes, because in a criminal case the accused should not be guilty through battered Wife
Syndrome because it is a concept of legal self- defense, defense of relatives or
fulfillment of duty or exercise of a right and obedience to superior order. Under RA 9262,
it will exculpate which anti-violence against women who act or series of acts against a
woman who is his wife former wife or against a woman with whom the person has or had
sexual or dating relationship which is the Battered woman syndrome, or battered person
syndrome, is a psychological condition that can develop when a person experiences
abuse, usually at the hands of an intimate partner.
3. What was the reason why the justifying circumstance of self-defense was not appreciated in
favor of Marivic Genosa?
 In the present case, however, according to the testimony of Marivic herself, there was a
sufficient time interval between the unlawful aggression of Ben and her fatal attack upon
him. Court says that the principle of aggression is not continuous, it does not warrant
 self-defense. Marivic’s killing of Ben was not completely justified under the
circumstances.
 Absent unlawful aggression, there can be no self-defense, complete or incomplete.

4. What mitigating circumstances if any was (were) considered in favor of Marivic? Cite the
reason why it (they) was (were) considered in her favor?
 The mitigating circumstances should be taken in her favor and considered as mitigating
factor is under paragraphs 9 and 10 of Article 13 of the Revised Penal Code which
clearly said that (9) Such illness of the offender as would diminish the exercise of the
will-power of the offender without however depriving him of consciousness of his acts.
(10) And, finally, any other circumstance of a similar nature and analogous to those
other paragraphs mentioned which a resulting diminution of her freedom of action,
intelligence or intent

5. Explain how the Indeterminate Sentence Law was applied in the case of People v. Genosa.
 However, considering that there are two (2) mitigating circumstance Nos. 9 & 10, Article
13 and No. 6 (Passion and Obfuscation), Article 13 of the Revised Penal Code, the
penalty imposed on her was reduced to six (6) years and one (1) day of prision mayor as
minimum; to 14 years, 8 months and 1 day of reclusion temporal as maximum.
Consequently, since she has been detained for more than the minimum penalty imposed
on her, the director of BuCor is directed to immediately release the accused from
custody upon due determination of her eligibility for parole.

6. State fully how the Indeterminate Sentence Law is applied.

 Under the Indeterminate Sentence Law, in imposing a sentence, the court must
determine two penalties composed of the "maximum" and "minimum" terms, instead of
imposing a single fixed penalty. Hence, the indeterminate sentence is composed of a
maximum term taken from the penalty imposable under the Revised Penal Code and a
minimum term taken from the penalty next lower to that fixed in the said Code.
 The maximum term corresponds to "that which, in view of the attending circumstances,
could be properly imposed under the rules of the [Revised Penal] Code." Thus,
"attending circumstances" (such as mitigating, aggravating and other relevant
circumstances) that may modify the imposable penalty applying the rules of the Revised
Penal Code is considered in determining the maximum term. Stated otherwise, the
maximum term is arrived at after taking into consideration the effects of attendant
modifying circumstances.

7. A is charged with an offense defined by a Special Law. The penalty prescribed for the offense
is imprisonment of not less than five (5) years but not more than ten (10) years. Upon
arraignment, he entered a plea of guilty. A. Can the indeterminate sentence law be applied to
A? Explain. B. Can the plea of guilty be considered in A’s favor? Explain.
 A. Can the indeterminate sentence law be applied to A? Explain. Yes, since the
indeterminate sentence law is applicable for the crime punishable by Prision mayor and
it has divisible penalty. The indeterminate sentence law only prohibits the reclusion
perpetua and life imprisonment.
 B. Can the plea of guilty be considered in A’s favor? Explain. Yes, since it is a mitigating
circumstances,
 A, Plea guilty, it will take as a mitigating circumstances in imposing his maximum period
8. A. How are the maximum and the minimum terms of the indeterminate sentence for offenses
punishable under the Revised Penal Code determined? B. What is the purpose for fixing the
maximum and minimum terms of the Indeterminate Sentence?
 Under the Indeterminate Sentence Law, the maximum term of the penalty shall be "that
which, in view of the attending circumstances, could be properly imposed" under the
Revised Penal Code, and the minimum shall be "within the range of the penalty next
lower to that prescribed" for the offense.
 The purpose for fixing the maximum and minimum terms of the Indeterminate Sentence
is for the release of the prisoner on parole, sanction for violation of conditions of parole
and entitlement to final release and discharge.

9. A. Who are the offenders disqualified from availing the benefit of the probation law? B. Is
probation law a penal law? Explain.c. Is probation a matter of right? Explain. D. Is an order
denying probation appeallable? Explain.
 A The offenders disqualified from availing probation are offenders sentenced to 6 years
or more, and offenders who have been imprisoned several times. B- Yes it is a Penal
law. C-No because the probation law is only for first -time detainees without increasing
the sentence to 6 years
10. A. An operation was conducted by the police officers resulting into the arrest of W was in
possession of 100 grams of “shabu.” He was also found positive for the use of marijuana. The
Prosecutor charged him with violation of Section 11 and 5 of R.A. 9165. Is the Prosecutor
correct? Explain
 The prosecutor was not correct because the section 5 means of trading and selling,
delivery, distribution. He is not selling or distributing and etc. But it fall to a section 11
and 15 because section 11 means of possession of drug abuse and section 15 means of
drug user, so section 11 and 15 was applicable to charged

B. A buy bust operation was planned against W. M was the poseur buyer. The buy bust was
consummated in an alley. After the buy bust the “shabu” and the accused were brought to the
barangay hall where the DOJ representative and the Kawagad were waiting. The shabu and the
buy bust money were marked in the barangay hall.The markings and the inventory were
witnessed by the mandated witnesses. A. What is the chain of custody? B. Was the chain of
custody strictly complied with in this case? Explain. C. Was Section 21 of R.A. 9165 strictly
complied with in this case? Explain. D. Is a buy bust an entrapment or an instigation? Explained.
 A buy bust operation was planned against W. M was the poseur buyer. The buy bust
was consummated in an alley. After the buy bust the “shabu” and the accused were
brought to the barangay hall where the DOJ representative and the Kawagad were
waiting. The shabu and the buy bust money were marked in the barangay hall.The
markings and the inventory were witnessed by the mandated witnesses
 A. What is the chain of custody? Collection techniques, preservation, packaging,
transportation, storage and creation of the inventory list are all part of the process used
in establishing the chain of custody.is a tracking record beginning with detailed scene
notes that describe where the evidence was received or collected.
 B. Yes, since the movements of the authorities were recorded and the confiscation of
what has found by the buy-bust operation
 C- Yes, because as a stated of the R.A 9165 in section 21 says the PDEA shall take
charge and have custody of all dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as instruments/paraphernalia
and/or laboratory equipment so confiscated, seized and/or surrendered.
 D- A buy-bust operation has been recognized in this jurisdiction as a legitimate form of
entrapment of the culprit. is a valid means of arresting violators of Republic Act No.
9165. It is an effective way of apprehending law offenders in the act of committing a
crime. In a buy-bust operation, the idea to commit a crime originates from the offender,
without anybody inducing or prodding him to commit the offense.