Dianne Medel S.

Gumawid
Criminal Law 1
Midterm Examination

1. Jomar was driving a car when he hit Raymond, a pedestrian,

causing the latter’s death. a) What possible defense/s can he
raise to either negate or mitigate his criminal liability arising
from Raymond’s death? b) Can a person who is charged of a
culpable felony be made liable for a crime which is the
natural, logical and direct consequence of his felonious act
based on the 1st paragraph of Article 4 of the Revised Penal
Code? Explain (20%)
A. He can voluntary surrender so that the penalty that can be
imposed to him will lessen from his voluntary surrender.
B. No, a person who is charged of culpable felony be made liable
for a crime because there is no deliberate intent and has lack of
foresight or skill. It is said that is incurred by any person
committing a felony although the wrongful act done is different
from he had intended thus he is not liable.

2. Sgt. Pendleton, a member of the US Marines, was on a rest

and recreation in Subic following a Field Training Exercises
with the Philippine Marines. Together with his buddies, they
went bar-hopping in Olongapo City and picked up some
girls. In the motel where he checked in with one of the girls,
a heated argument erupted between them which soon
culminated into a physical fight resulting to the killing of his
partner. He was soon arrested and charged in the Regional
Trial Court in Olongapo for murder. a) Can Sgt.
Pendleton raise during the trial the defense that he is a
member of the US Armed Forces and is beyond the
jurisdiction of the local court on the theory that he is outside
the application of our penal laws? Explain. b) In the
Information (the formal charge against him prepared, signed
by the Prosecutor and filed in court), the aggravating
circumstances of: abuse of superior strength and disregard of sex
were alleged against Pendleton. b.1) Explain the concept of
abuse of superior strength as a form of a modifying
circumstance? b.2) Also, explain the concept of disregard of
sex and how will it affect the imposition of penalty upon Sgt.
 Pendleton? b.3) What if Pendleton acted on passion or
obfuscation during the fight, explain how will this affect the
presence of these two aggravating circumstances? (20%).

A. Pendleton cannot raise in his defense that he cannot be tried in

our jurisdiction because he is a member of the US Armed Forces.
Generality rule states that the law is binding to all persons who
resides and sojourn in the Philippines irrespective of race, sex, age,
creed or other personal circumstances.
B1. It is considered a modifying circumstance because Pendelton is
much stronger than the victim thus this modifying circumstance
will aggravate the penalty imposed to him.
B2. Disregard of sex is taken into account because the offender
insults the victim and disrespect him thus aggravates the penalty
to be imposed upon him.
B3. Eventhough Pendleton acted in Passion or obfuscation it
cannot mitigate the two aggravating circumstance committed by
him. Because an ordinary mitigating cannot offset two aggravating
circumstance.

3. At the height of their quarrel, Jayson punched Jesleo hitting

the latter on the side of his head causing him to fall. He later
died due to internal hemorrhage after his head hit the hard
pavement. a) Can Jayson escape criminal liability on the
argument that he had no intent to kill Jesleo? Explain. b)
Suppose after Jayson had punched Jesleo, the latter ran to
avoid the attack when a speeding truck hit him resulting to
his death, is Jayson still liable for Jesleo’s death? Explain. c)
What if after the attack, Jesleo went home and committed
suicide, is Jayson liable for his death? Explain. d) How is
criminal liability incurred? (20%).

A. No Jayson cannot escape criminal liability because even though

he has no intention to commit so grave a wrong which is the result
of greater of what he has intended. He is liable for the death of the
victim.
B. No Jayson is not liable to the death of Jesleo because the cause of
his death is not from the act done by him. It is not the Proximate
cause of his death.
C. No Jayson is not liable for his death because the wrongful act
done is not the proximate cause of the Jesleo’s death.
D. Criminal Liability is incurred by any person committing a
felony although the wrongful act done is different from he had
intended and by any person performing an act which would be an
offense against persons or property if not for the inherent
impossibility of its accomplishment or ineffectual means.

4. A cadaver was found near a creek bearing 55 knife wounds,

mostly located in its vital parts including the private area.
Judging from the number, location and nature of the wounds
which are all evidently fatal, was there cruelty or ignominy?
Explain. (20%).

There is cruelty because the victim has been tortured

after which 55 knife wounds sustained by him.

5. Aggravating circumstances are classified as: generic, specific,

qualifying, inherent and special. Explain the concept and the
effects of each of them (20%).
Generic aggravating applies to all crimes like recidivism the effect
of which is that it increases the penalty of the crime on its
maximum period
Specific applies to a particular felony like cruelty in crimes against
persons the effect of which is that
Qualifying changes the nature of the felony
Inherent aggravating circumstance
Special aggravating circumstance arise under special condition to
increase the penalty of the offense thus the penalty imposed to the
offender will be at its maximum period.

REMINDERS

Read every question before answering. Answers should be brief,

concise and direct to the point, and always with legal basis.
Answers without any legal basis and explanation will not be
credited. Cheating in any form will not be tolerated and will result
to disqualification. Do your personal necessities before the start of
the examinations.