CRIMINAL LAW 1 MIDTERM EXAM

AY 2021 – 2022

MULTIPLE CHOICE QUESTIONS:

1. Principle of Public International Law exempts certain individuals from the General
Characteristic of Criminal Law. Who among those below are not exempt from the Generality
Rule?
a) Commercial attaché of a foreign country
b) Chiefs of State or Sovereign
c) Minster Residents
d) Ambassador
e) Chief of Mission

2. Motive is important:
a) To ascertain the truth of two (2) antagonistic theories.
b) To know the identity of the accused.
c) To ascertain what crime is committed.
d) When there is no evidence against the accused.

3. Which of the following is correct:

a) The accused is not liable for the result not intended when there is a mistake of fact
constituting an involuntary act.
b) Mistake of fact is a defense in a culpable felony.
c) Accused is not liable for the result not intended when there is a mistake in the identity of
the victim.
d) Accused is not criminally liable for the results not intended when the wrongful act is the
proximate cause of the resulting injury.

4. When the penalty is a fine of Php 40,000.00, it is ______.

a) a correctional penalty.
b) a light penalty.
c) an afflictive penalty
d) none of the choices.

5. The correct rule is a penal law should be given a retroactive effect if it is favorable to the
accused:
a) unless 1) the accused is a habitual delinquent and 2) it is expressly made inapplicable
to existing causes of action.
b) unless the accused is a habitual delinquent.
c) unless the new law expressly provides that it is inapplicable to existing causes of action.
d) unless the old law has been expressly repealed.
CRIMINAL LAW 1 MIDTERM EXAM
AY 2021 – 2022

6. Danny had attended a birthday party and had too much alcohol to drink. Nevertheless, he
drove himself home. While driving, he fell asleep and lost control of his vehicle, and hit another
car carrying Arnold, Benny, and Cindy. This led to Arnold’s death, Benny’s serious physical
injuries, while Cindy was left unscathed. Their car was also a total wreck. What charge/s should
be filed against Danny?
a) A single charge of reckless imprudence resulting to homicide, serious physical injuries,
and damage to property.
b) Three separate charges of reckless imprudence resulting to homicide, reckless
imprudence resulting to serious physical injuries, and reckless imprudence resulting to
damage to property.
c) A charge of a single complex crime of reckless imprudence resulting to homicide, serious
physical injuries, and damage to property.
d) Two separate charges of reckless imprudence resulting to homicide and serious physical
injuries, and reckless imprudence resulting to damage to property.
e) A single charge of reckless imprudence resulting to homicide absorbing the serious
physical injuries and damage to property.

7. Andres, Ben, and Carlo recruited Don to join their fraternity. Don agreed and they proceeded
to schedule his initiation rites. During the rites, Ben and Carlo started drinking while, in their
presence, Andres started Don’s initiation by punching Don in his abdomen. Unknown to him, Don
had a heart condition and after several blows the latter suffered a heart attack and died. Startled,
the three rushed Don to the hospital but he had already died. Which of the following statements
is correct?
a) All three are liable for Don’s death under the Anti-Hazing Law.
b) Andres is liable for reckless imprudence resulting to homicide for Don’s death. Ben and
Carlo are not liable.
c) All three are liable for reckless imprudence resulting to homicide.
d) Andres is liable for Don’s death under the Anti-Hazing Law. Ben and Carlo are mere
accomplices under the Anti-Hazing Law.
e) All three incur no criminal liability and are merely civilly liable for Don’s death.

8. Which of the following cases do not fall under the application of Philippine criminal laws?
a) A Chinese citizen who counterfeits US Dollars in China and imports these into the
Philippines.
b) An American consular officer who issued a bouncing check in payment for the birthday
party of his son and charged with violation of BP 22.
c) An Israeli-owned and Panamanian registered vessel docked in Mindoro where an
Indonesian crewman kills his fellow Indonesian and steals the latter’s jewelry.
d) A Filipino consular officer in Hong Kong issues a fake Philippine passport to a Chinese
citizen in order to allow the latter to leave Hong Kong.
e) All of the choices.
f) None of the choices.
CRIMINAL LAW 1 MIDTERM EXAM
AY 2021 – 2022

9. Which of the following cannot be given retroactive effect?

a) An amendment to the Anti-Plunder Law increasing the predicate amount that the accused
has amassed and required for conviction from PhP50 Million to PhP75 million.
b) A law which specifically requires that there must be at least two witnesses to the overt
acts of the crime of rebellion before an accused may be convicted.
c) An amendment to the Intellectual Property Law which provides that the possession of
counterfeit goods gives rise to the presumption that the possessor is the counterfeiter
and may be held criminally liable.
d) A law which provides that a convict who escapes from imprisonment during a calamity
but returns within 48 hours from the end of the calamity shall be entitled to a reduction
of his sentence.
e) All of the choices.
f) None of the choices.

10. In which of the following cases is the felony in the frustrated stage?
a) Y who is seated on a chair is attacked by X from behind. X’s knife hits the back of the chair
instead of Y causing him to fall but without suffering any injuries.
b) A, B, and C declare a robbery in a bank and was handed by the bank manager the cash in
a duffel bag. However, they were arrested before they could step outside.
c) X with the intent to kill Y threw a molotov cocktail at the latter’s house. However, J was
not at home. When the molotov bomb hit and ignited the house, the fire sprinklers turned
on and extinguished the fire.
d) M picked the handbag of S while they were riding a jeep and was able to get her wallet.
However, when he checked the wallet, it contained no money. Hence, he returned the
wallet to S’ handbag.
e) All of the choices.
f) None of the choices.

11. X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died as a
consequence. Under the circumstances,
a) X cannot plead praetor intentionem since the intent to kill is presumed from the killing
of the victim.
b) X may plead praetor intentionem since he intended only to scare, not kill Z.
c) X may plead aberratio ictus as he had no intention to hit Z.
d) X may plead commission of only Discharge of Firearm as he had no intent to kill Z when
he fired his gun.

12. To save himself from crashing into an unlighted truck abandoned on the road, Jose swerved
his car to the right towards the graveled shoulder, killing two bystanders. Is he entitled to the
justifying circumstance of state of necessity?
a) Yes, since the instinct of self-preservation takes priority in an emergency.
b) No, because the bystanders had nothing to do with the abandoned truck on the road.
c) No, because the injury done is greater than the evil to be avoided.
CRIMINAL LAW 1 MIDTERM EXAM
AY 2021 – 2022

d) Yes, since the bystanders should have kept off the shoulder of the road.
13. Which of the following crimes is an exception to the Territoriality Rule in Criminal law?
a) Plunder committed at his place of assignment abroad by a Philippine public officer.
b) Violation of the Trademark Law committed by an alien in the Philippines.
c) Forgery of US banknotes committed in the Philippines.
d) Crime committed by a Filipino in the disputed Spratly's Island.

14. When committed outside the Philippine territory, our courts DO NOT have jurisdiction over
the crime of
a) Rebellion
b) Treason
c) Espionage
d) Piracy

15. X inflicted serious injuries on Y. Because of the delay in providing medical treatment to Y, he
died. Is X criminally liable for the death of Y?
a) Yes, because the delay did not break the causal connection between X's felonious act
and the injuries sustained by Y.
b) Yes, because any intervening cause between the infliction of injury and death is
immaterial.
c) No, because the infliction of injury was not the immediate cause of the death.
d) No, because the delay in the administration of the medical treatment was an intervening
cause.

16. Following a heated argument, Mr. X killed Mr. Y. After he killed Mr. Y, Mr. X immediately
proceeded to the house of his cousin, Mr. Z, to ask for his protection. Mr. Z was then the Chief of
Police of ABC Municipality, the locality where the killing happened.

For 5 years, Mr. X was neither charged nor apprehended by the authorities, thanks to his cousin’s
influence.

When Mr. Z was transferred to another jurisdiction, Mr. X was finally apprehended, charged, and
convicted of the crime of homicide. Mr. Z was likewise convicted as an accessory to the crime.
From the foregoing facts, which of the following statements is true?
a) Mr. Z is liable as an accessory because he is not among the persons
covered/contemplated under Article 20 of the Revised Penal Code.
b) Mr. Z is liable as an accessory to the crime of homicide because unlike ordinary citizens,
police officers and other law enforcement personnel do not enjoy the benefit under
Article 20 of the Revised Penal Code.
c) Mr. Z is liable as an accessory to the crime of homicide because he profited from the
effects of the crime.
d) Mr. Z is not liable because he is a relative of Mr. X within the fourth degree.
CRIMINAL LAW 1 MIDTERM EXAM
AY 2021 – 2022

17. The maxim "Nullum crimen nula poena sine lege" means that
a) crime is a product of law.
b) the act is criminal at the time of its commission and recognized as such at the time of its
commission, but the penalty, therefore, is prescribed in a subsequently enacted law.
a) The act is criminal and punished under and pursuant to common law.
b) there is a crime for as long as the act is inherently evil.

18. Mr. A intended to kill B. A fired his gun at B with no attending qualifying circumstances. A
missed and hit C. C was injured and his injury requires medical attendance for at least 10 days. A
is liable for what crime?
a) Attempted homicide with less serious physical injuries.
b) Less serious physical injuries.
c) Attempted murder with slight physical injuries. (WRONG ANSWER)
d) Separate crimes of homicide and slight physical injuries.

19. Can there be a frustrated impossible crime?

a) No. There can be no frustrated impossible because the offender has already performed
the acts for the execution of the crime.
b) Yes. There can be a frustrated impossible crime when the act performed would be an
offense against persons.
c) No. There can be no frustrated impossible crime because the means employed to
accomplish the crime is inadequate or ineffectual.
d) Yes. When the crime is not produced by reason of the inherent impossibility of its
accomplishment, it is a frustrated impossible crime.

20. What court has jurisdiction when an Indonesian crew murders the Filipino captain on board
a vessel of Russian registry while the vessel is anchored outside the breakwaters of the Manila
Bay?
a) Philippine court
b) Russian court
c) Indonesian court
d) Any court that first asserts jurisdiction over the case

ESSAY:

21. Harry wanted to get back at Steve for a prank the latter had played on him. In order to do
this, Harry laced Steve’s coffee with ground peanuts he believed to be infected with salmonella
bacteria so that Steve would suffer from diarrhea. Unknown to Harry, the peanuts he used were
not actually infected with salmonella bacteria. However, also unknown to Harry, Steve is severely
allergic to peanuts. Immediately upon drinking his coffee, Steve’s allergy developed, and he was
unable to breathe. Before any medical treatment could be administered, Steve had suffocated
to death. Can Harry be held liable for Steve’s death? Why or why not? Explain fully. (10 points)
CRIMINAL LAW 1 MIDTERM EXAM
AY 2021 – 2022

ANSWER: Homicide. Intention to kill presumed.

22. Dante is a taxi driver. While driving on EDSA, his taxi was cut-off by a Corvette. Incensed at
being cut-off, he chased the car and at a traffic stop, Dante alighted from his vehicle and kicked
the passenger side door. Cedric, the driver of the Corvette, feeling threatened, got his airsoft rifle
from the backseat and pointed it at Dante. Nonong, witnessed the altercation and alighted from
his vehicle with his licensed firearm. He shouted at Dante and Cedric to break it up. Having heard
Nonong, and scared off by Cedric’s rifle, which he thought was real, Dante had started to return
to his vehicle. Cedric, was however emboldened and, knowing that getting hit by an airsoft gun
is not fatal, was about to shoot Dante in order to teach him a lesson. However, Nonong, seeing
the same, fired at Cedric and hit him on his chest, killing him instantly. Nonong is now charged
with homicide for Cedric’ death. Is he criminally liable? Decide with reasons. (10 points)

ANSWER: Defense of stranger. Equality of weapons not required – mistake of fact may be
considered.

23. Seven-month pregnant Lory was driving along C5 highway when she was t-boned by a
container van. She was immediately brought to the nearest hospital. Because of the said dire
situation, Dr. Chase, who was in charge of Lory, has to make a decision, that is to save only one
life, either Lory or the baby that she is carrying. Dr. Chase chose to save the life of Lory. Because
of that, the fetus died. Prosecuted for abortion, Dr. Chase invoked the doctrine of state of
necessity. Is Dr. Chase liable for abortion? Explain. (5 points)

ANSWER: defense of fulfillment of a duty. In order to avail of this justifying circumstance,

it must be shown that: 1) the accused acted in the performance of a duty or in the lawful
exercise of a right or office; 2) the injury caused or the offense committed is the necessary
consequence of the due performance of duty or the lawful exercise of a right or office.

Principle of Double Effect (Consti 2 Topic in Imbong vs. Ochoa)

24. Dido, Dick, Dowi, and Ritch were recently laid off for no reason from their jobs as drivers and
household help of Sunny. Furious, they all hatched a plan to rob the house of Sunny as retaliation.
Their plan was Ritchey will be the lookout outside the house, Dowi will rob the first floor, while
Dido and Dick will loot the 2nd floor.

During their heist, Dick saw Peps, the barely legal daughter of their employer hiding in the closet.
He then tied the hands of Peps, tore down her clothes, and raped her. During the said act, Dowi
checked on Dick and asked if he will take long with Peps as they are about to leave. Dick answered
“Wait lang pare, mga 15 siguro, matagal na akong gigil dito kay Peps eh!” Unbeknownst to them,
a call for help was already made 30 minutes ago by Peps during her hiding. All of them were
arrested and charged with the crime of robbery with rape.
CRIMINAL LAW 1 MIDTERM EXAM
AY 2021 – 2022

1. Is the charge correct?

2. What is/are the liabilities of Dido, Dick, Dowi, and Ritch? Explain. (10
points)

ANSWER: Conspiracy act of one, act of all only applies to what they agreed upon before
the act and if in the process, what one knows and did not prevent.

25. Married for 30 years, Miko and Peach’s marriage is facing some problems. Miko suspects that
Peach is having an affair. His suspicion stems from a single cryptic message from a man he read
on Peach’s cellphone. Because of this, Miko is acting crazy and irrational towards Peach. Every
time Peach asks what his problem is, he says nothing.

A day before their 31st wedding anniversary, Miko told Peach that he’ll be gone the whole day
to play golf with his buddies in Cavite. However, his game was cut short due to heavy rain.
Consequently, he went home earlier than expected. When Miko arrived at their home, he
chanced upon Peach having sex on their couch with Alfie, one of his golfing buddies. Face red in
anger, Miko’s vision dimmed. Miko then took one of his titanium driving golf club and swung it
towards the head of Alfie which caused it to bleed profusely. In retaliation, Alfie reached for his
gun in his sling bag and fired three (3) shots at Miko’s chest which caused the latter’s
instantaneous death. Subsequently, Alfie was charged with the crime of homicide. He is now
raising self-defense. Will Alfie’s defense prosper? Explain. (10 points)

ANSWER: Cannot raise self-defense. Alfie doing a crime, must expect that legal husband
will do something to him.

26. Person A fired his gun at B, but it was C (the companion of B) who was hit at the back. C did
not die due to timely medical attendance. What is the criminal liability of Person A as to C?
Reason out.

ANSWER: Concept of aberratio ictus.

27. A, B, C, D, and E are fraternity members. They recruited X, a freshman law student. A, B, C, D,
E, and X went to a resort in Palawan. At the resort, A, B, C, D, and E performed the initiation of X
by boxing and kicking X. While A, B, C, D, and E are boxing and kicking X, F and G, who are likewise
members of the same fraternity, are watching. A day after, X died. The fiscal charged A, B, C, D,
E, F, and G for the crime of homicide.

1. As a judge, how will you rule?

2. What if the charge is a violation of the Anti-Hazing law, will your ruling be the same?
3. In your answer, determine the persons liable and the nature of their liability. (10 points)

ANSWER: Concept of conspiracy in relation to Anti-Hazing Law.