December 16, 2023 6:00 P.M. – 9:00 P.M.

INSTRUCTIONS

1. This questionnaire contains ____ (__) pages including this page. Check the number of pages
and their proper sequencing. You may write notes on this questionnaire.

Read each question very carefully and write your answers in your Examination Booklet in the
same order as the questions. Write your answers only on the front page of every sheet. Note
well the allocated percentage points for each question or sub-question. In your answers, use
the numbering system in the questionnaire.

2. Answer the questions legibly, clearly, and concisely. Start each answer on a separate page.
An answer to a sub-question under the same number may be written continuously on the same
page and the immediately succeeding pages until completed.

3. Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws
and jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with
the pertinent laws, rules, and/or jurisprudence.

A MERE "YES" OR "NO" ANSWER WITHOUT ANY CORRESPONDING EXPLANATION OR

DISCUSSION WILL NOT BE GIVEN FULL CREDIT. THUS, ALWAYS BRIEFLY BUT FULLY EXPLAIN
YOUR ANSWERS ALTHOUGH THE QUESTION DOES NOT EXPRESSLY ASK FOR AN
EXPLANATION. DO NOT REWRITE OR REPEAT THE QUESTION ON YOUR BOOKLET.

4. Do not write your name or any extraneous note/s or distinctive marking/s on your Booklet
that can serve as an identifying mark/s (such as names that are not in the given questions,
prayers, or private notes to the Examiner). Writing, leaving, or making any distinguishing or
identifying mark in the Booklet is considered cheating and can disqualify you.

ATTY. RENJOMAR CASTRO BALTAZAR

Law Professor
2023 Final Examinations

Page 1 of 6
 I.
(5 points)

A was invited to a drinking spree by friends. After having had a drink too many, A and B had a
heated argument, during which A stabbed B. As a result, B suffered serious physical injuries.
May the intoxication of A be considered aggravating or mitigating?

II.
(5 points)

Distinguish habitual delinquency from recidivism as to the crimes committed, the period of time
the crimes are committed, the number of crimes committed and their effects in relation to the
penalty to be imposed on a convict.

Page 2 of 6
 III.
(20 points)

A. Tata owns a three-storey building located at No. 3 Herran Street. Paco, Manila. She wanted
to construct a new building but had no money to finance the construction. So, she insured the
building for P3,000,000.00. She then urged Yoboy and Yongsi, for monetary consideration, to
burn her building so she could collect the insurance proceeds. Yoboy and Yongsi burned the
said building resulting to its total loss. What is their respective criminal liability? (10 pts)

B. DCB, the daughter of MCB, stole the earrings of XYZ, a stranger. MCB pawned the earrings
with TBI Pawnshop as a pledge for P500 loan. During the trial, MCB raised the defense that
being the mother of DCB, she cannot be held liable as an accessory. Will MCB's defense
prosper? Reason briefly. (10 pts)

Page 3 of 6
 IV.
(20 points)

A. Distinguish the Complex Crime to Special Complex Crime. (5 pts)

B. While Alfredo, Braulio, Ciriaco, and Domingo were robbing a bank, policemen arrived. A
firefight ensued between the bank robbers and the responding policemen, and one of the
policemen was killed. What crime or crimes, if any, had been committed? Explain. (5 pts)

C. Suppose it was Alfredo who was killed by the responding policemen, what charges can be
filed against Braulio, Ciriaco and Domingo? Explain. (5 pts)

D. Suppose in the course of the robbery, before the policemen arrived, Braulio shot and killed
Alfredo following a heated disagreement on who should carry the money bags, what would be
the criminal liability of Braulio, Ciriaco and Domingo? Explain. (5 pts)

Page 4 of 6
 V.
(20 points)

A killed his wife and buried her in their backyard. He immediately went into hiding in the
mountains. Three years later, the bones of A’s wife were discovered by X, the gardener. Since X
had a standing warrant of arrest, he hid the bones in an old clay jar and kept quiet about it.
After two years, Z, the caretaker, found the bones and reported the matter to the police. After
15 years of hiding, A left the country but returned three years later to take care of his ailing
sibling. Six years thereafter, he was charged with parricide but raised the defense of
prescription.

A. Under the Revised Penal Code, when does the period of prescription of a crime commence to
run? (5 pts)

B. When is it interrupted? (5 pts)

C. Is A’s defense tenable? Explain. (10 pts)

Page 5 of 6
 VI.
(30 points)

XYZ is liable for False Testimony, which has the penalty of prision mayor under the Revised
Penal Code. The judge imposed a straight penalty of 7 years.

A. is the judge correct? (5 pts)

B. Supposed XYZ is liable for a felony in which the penalty under the RPC is arresto menor.
Then the judge imposed a straight penalty of 2 months. Is the judge correct? (5 pts)

C. Supposed XYZ is liable for carnapping, in which under the Special Law is punishable for
imprisonment of six (6) years up to twelve (12) years. As a judge, what is the proper imposition
of penalty? (10 pts)

D. Supposed XYZ is liable for estafa, in which under the Revised Penal Code is punishable for
imprisonment of prision mayor. There is a mitigating circumstance of voluntary confession. As a
judge, what is the proper imposition of penalty? (10 pts)

Page 6 of 6