CRIMINAL LAW 1

San Beda College Alabang – School of Law

MIDTERM EXAM
Atty. Ma. Karla Denise M. Frias

Instructions: Answer each question completely. Cite appropriate

provisions and jurisprudence. An answer without any legal basis will
merit no points.

Answer the questions sequentially. An answer to every number/letter

must be on a separate page. Observe proper margins. Should you wish to
make an erasure, it should be made by drawing a horizontal line over the
word(s) sought to be erased. If you seek to erase an entire
paragraph/page, draw a diagonal line across the paragraph/page.

Use your best judgment. FAILURE TO FOLLOW INSTRUCTIONS SHALL

MERIT THE APPROPRIATE DEDUCTIONS.

1. Ric was at a party with friends when he saw his friend Morty on
the ground screaming for help because Leo was on top of him and
was about to stab Morty. Now, Ric and Leo had a long standing
grudge against each other because Leo had kissed Ric’s girlfriend.
When Ric saw his friend Morty about to be stabbed, he thought to
himself, “Hmmm… hitting two birds with one stone, I get to save
Morty and at the same time I get to exact revenge upon Leo.” . Ric
immediately sprung into action and stabbed Leo on the back,
resulting to his death. During trial, it turned out that Morty was
Ric’s long lost brother. You are Ric’s lawyer. Present your defense,
if any. (10 points)

2. Thomas, a security guard for Light Residences had a firearm

issued by his security agency. His daily routine consisted of
reporting to the security agency, procuring his firearm, going to
Light Residences for duty and then returning to the security
agency to surrender the firearm.

One night, while he was on his way back to the security agency, he
saw his friend Tomas eating at a restaurant. Happy to see his old
pal, Thomas, stopped to chat to catch up with him and ended up
having dinner with him. A police officer standing nearby saw
Thomas with his firearm protruding from his waist and asked him
to present the license. It turned out that the said firearm had no
license.
 The police officer then proceeded to arrest Thomas. Was the arrest
valid? Explain. (10 points)

3. State and classify completely the different penalties provided under

the Revised Penal Code according to their classification as grave,
less grave and light. (10 points)

4. Tata caught a cold and was running a fever. His doctor prescribed
paracetamol. Tata went to a drug store with the prescription, and
the pharmacist sold him three(3) tablets. Upon arriving home, he
took a tablet. One hour later, he had a seizure and died. The
autopsy showed that the tablet he had taken was not paracetamol
but a pill to which he was allergic. The pharmacist was charged
with the death of Tata. Is the charge proper? (10 points)

5. General Li was sick and tired of all the abuses committed by

President Lee. During a convention held in Hongkong, together
with other members of the Armed Forces of the Philippines,
General Li and said members decided and agreed to commit coup
d’etat against the Lee administration. Unfortunately, one of the
members of the AFP by the name Rio, informed the Philippine
government of said plan to commit coup d’etat. Upon arrival at the
Ninoy Aquino International Airport , General Li and the other
members of the AFP were arrested for conspiracy to commit coup
d’etat. Is the arrest proper? (10 points)

6. Jia, a Filipino citizen was sailing across the Atlantic Ocean on a

Philippine registered boat with her friend John. John accused Jia
of being corny and in anger, Jia punched John. John was able to
avoid Jia’s punch and punched Jia back, and as a result thereof,
Jia fell of the boat. Unfortunately, there was a shark waiting
nearby which immediately ate Jia up. Discuss Jia and John’s
criminal liability, if any (20 points)

II. Multiple Choice: Choose the best answer. (2 points each)

1. Principles of public international law exempt certain individuals

from the Generality characteristic of criminal law. Who among the
following are NOT exempt from the Generality rule?

(A) Ministers Resident

(B) Commercial Attache of a foreign country

(C) Ambassador

(D) Chiefs of Mission

2. The maxim "Nullum crimen nula poena sine lege" means that

(A) the act is criminal at the time of its commission and recognized as
such at the time of its commission but the penalty therefor is
prescribed in a subsequently enacted law.

(B) the act is criminal and punished under and pursuant to common
law.

(C) there is a crime for as long as the act is inherently evil.

(D) crime is a product of the law.

3. Three men gave Arnold fist blows and kicks causing him to fall. As
they surrounded and continued hitting him, he grabbed a knife he
had in his pocket and stabbed one of the men straight to the heart.
What crime did Arnold commit?

(A) Homicide with incomplete self-defense, since he could have run

from his aggressors.

(B) Homicide, since he knew that stabbing a person in the heart is

fatal.

(C) Homicide mitigated by incomplete self-defense, since stabbing a

person to the heart is excessive.

(D) No crime, since he needed to repel the aggression, employing

reasonable means for doing s

4. X killed B, mistakenly believing that she was his wife, upon

surprising her having sex with another man in a motel room. What is
the criminal liability of X?

(A) None since he killed her under exceptional circumstances.

(B) None since he acted under a mistake of fact.

(C) Parricide.

(D) Homicide
5. When committed outside the Philippine territory, our courts DO
NOT have jurisdiction over the crime of

(A) treason.

(B) piracy.

(C) espionage.

(D) rebellion.

6. Which of the following crimes is an exception to the Territoriality

Rule in Criminal law?

(A) Violation of the Trademark Law committed by an alien in the

Philippines.

(B) Forgery of US bank notes committed in the Philippines.

(C) Crime committed by a Filipino in the disputed Spratly's Island.

(D) Plunder committed at his place of assignment abroad by a

Philippine public officer.

7. When committed outside the Philippine territory, our courts DO

NOT have jurisdiction over the crime of

(A) treason.

(B) piracy.

(C) espionage.

(D) rebellion.

8. Motive is generally IMMATERIAL in determining criminal liability

EXCEPT when

(A) several offenders committed the crime but the court wants to
ascertain which of them acted as leader.

(B) the evidence of the crime consists of both direct and

circumstantial evidence.

(C) ascertaining the degree of penalty that may be imposed on the

offender.
(D) the evidence of guilt of the accused is circumstantial.

9. X inflicted serious injuries on Y. Because of 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.

10. In an attempted felony, the offender’s preparatory act

(A) itself constitutes an offense.

(B) must seem connected to the intended crime.

(C) must not be connected to the intended crime.

(D) requires another act to result in a felony.

11. X inflicted violent kicks on vital parts of E's body. E nevertheless

was able to flee for fear of his life. Refusing to undergo treatment for
his injuries, E died 3 days later. Is X liable for E’s death?

(A) No, since kicks on the body cannot cause death.

(B) No, since it took too long for death to occur.

(C) Yes, since E cannot be compelled to undergo medical treatment.

(D) Yes, since it was a natural result of the injuries X inflicted on E.

12. A battered woman claiming self-defense under the Anti-Violence

against Women and Children must prove that the final acute
battering episode was preceded by

(A) 3 battering episodes.

(B) 4 battering episodes.

(C) 5 battering episodes.

(D) 2 battering episodes.

13. 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) The Indonesian court.

(B) The Russian court.

(C) The Philippine court.

(D) Any court that first asserts jurisdiction over the case.

14. A proposal to commit a felony is punishable only when the law

specifically provides a penalty for it as in the case of proposal to
commit

(A) rebellion.

(B) sedition.

(C) espionage.

(D) highway robbery

15. Choose the appropriate Spanish translation of the maxim “He

who is the cause of the cause is the cause of the evil caused.”

(A) El que dela causa es causa del mal causado

(B) El causa dela causa del causa es causa del mal causado

(C) El que es causa dela causa es causa del mal causado

(D) El que es causa es causa dela causa del mal causado