ROMI A.

ALMANZOR

CRIMINAL LAW 1 QUIZ

ATTY. FELIZARDO M IBARRA

7PM-10PM FRIDAY

1. Mr. A,B and C are old time friends. Mr. A told to his two friends about his predicament
that his wife X having an affair to his neighbor Mr. D and his friend E. The parties adhere,
that Mr. C lend him his gun and Mr. B lend him money. A proposed his adjuration to his
Boy Mr. Y about the plan. After a week Y had the chance to kill D , shot him in the head
but the gun jammed and what he did is threw the gun on his head where he sustained injury
and rushed him to the hospital. Mr. E got mad to the tragic incident, went to the house of
Y and threatened him with a batuta. Heated arguments started and the blow began which
resulted to the death of E. After the incident Mr. Y voluntary surrender to the Police station
and confess to the investigator what happened to include the incident with regard to Mr. D.
during the Trial. Facts established that Mr. D’s injury lasted for a few weeks, the death
caused by Mr. E is due to gun shot wounds. After evaluation of the case mentioned it was
found out that the crime committed is less serious physical injuries and the other is
homicide. If you were the judge what penalty would you impose to the following:

a. To Mr. A,B and C to the first crime against Mr. D?

-
Crime Penalty
A Principal in attempted felony Article 51. Penalty to be imposed
B Principal in attempted felony upon principals of attempted
C Principal in attempted felony crimes. - A penalty
lower by two degrees than that
prescribed by law for the
consummated felony
shall be imposed upon the
principals in an attempt to commit
a felony.

b. To the second crime of Homicide against Mr. E?

- AB and C did not participate in the crime's execution. So, homicide is not a crime that
can be brought against the accused, Misters. A, B, and C.
c. To Mr. Y to the crime against Mr. D?
- Mr. Y is considered an Accomplice of the crime on the basis that Mr. Y initiated the
crime by throwing the gun to the head which sustained Mr. D an injury. Thus, Mr. Y is
charged with less serious physical injuries in the facts w/ the penalty of Arresto Menor
as prescribed by (Art 265) of the RPC. However, due to the mitigating circumstance on
the given facts, the penalty next lower in degree prescribed by (Art. 265) is Arresto
Menor in its minimum period.
d. To Mr. Y to the crime against Mr. E?
- Based on the fact that Mr. E died from gunshot wounds, Mr. Y has been charged with
homicide. (Article 249) stipulates that. - "Anyone who kills another without the
presence of any of the circumstances enumerated in the next preceding article shall be
deemed guilty of homicide, and shall be punished by reclusion temporal." However,
the presence of a mitigating circumstance of voluntary surrender on the given fact
justifies the lowering of the penalty to one period lower as prescribed in "(Art. 64)
paragraph 2 - When only a mitigating circumstances is present in the commission of
the act, they shall impose the penalty in its minimum period. Thus, prison mayor should
be the prescribed penalty."
 2. To the above stated circumstances with the prescribe penalty , may the accused Mr. A,B,C
and E avail probation, Explain? How about Parole, Explain?

- As modified by PD No. 968, Mr. A, B, and C are eligible for probation as long as the
sentence does not exceed six years in prison.
- Because Mr. A, B, and C have not been found guilty of the crime, they are ineligible
for parole. According to the law, only individuals who have served the minimum term
of their sentence are eligible for parole.
- On the other hand, Mr. Y is not eligible for probation because his penalty will exceed
six years in prison. Mr. Y cannot be awarded parole because it can only be done after
the accused has completed their minimum sentence.

Yea, though I walk through the valley of the shadow of death , I will fear no evil: for thou art
with me; thy rod and thy staff they comfort me.