CRIMINAL LAW 1

(ON-LINE PRELIM EXAMINATION)

Read each question carefully. Answer briefly and concisely.

Use WORD, Font: Arial, Size:12.
Type your name in block letters on the upper left side (LAST NAME, FIRST NAME)
with your SECTION NAME below it.
Each student must EMAIL the answers ON or BEFORE 9:15pm at
vcgarcia@ust.edu.ph with the subject: CRIM1 PRELIM EXAM.

1. Max and Gerry are mayoralty candidates. Anton, Berto and Cris were supporters
of Max, while Resty, Samuel, and Tonyo were supporters of Gerry.
While Anton, Berto and Cris were having a drinking spree, Resty, Samuel, and
Tonyo arrived. While Resty was talking to Anton, Berto suddenly shouted: “bakit, sino ka
ba?”, then pulled his caliber 45 gun and hit Resty on his face with the butt of the gun.
Samuel tried to pacify the situation and uttered: “tama na yan, maliit na bagay lang yan.”
As Resty tried to get hold of Berto’s gun, Berto aimed the gun at Samuel and fired it hitting
his abdomen. Berto continuously fired his gun at Samuel. Tonyo ran away towards the
police station to report the incident but Anton prevented him. Anton poked his gun at
Tonyo. Anton only allowed Tonyo to leave when the police officers passed on their way
to the crime scene.
Berto and Anton were charged as conspirators for the crime of Homicide for having
killed Samuel.
Are they liable as conspirators? Reasons. (10pts)

2. Rosanna was walking towards home after taking a bath in their bathroom which is
about 5 meters away from their house. She could smell liquor but when she looked, no
one was around. As she walked, Felipe suddenly grabbed Rosanna, covered her mouth,
and forcibly carried her back to the bathroom. Felipe, who was totally naked, pinned her
down on the floor, placed himself on top of her, kissed her lips and neck, then did the
push and pull movements. Rosanna who was still in her t-shirt and shorts, struggled so
hard while shouting for help, until she was able to release herself from Felipe, and ran
home crying.
Taking into consideration the jurisprudence in ‘People vs. Pareja’ and ‘Cruz vs.
People’ (assigned cases in the course syllabus where the Supreme Court distinguished
Attempted Rape from Acts of Lasciviousness), if you were the Public Prosecutor, would
you indict Felipe for Attempted Rape or for Acts of Lasciviousness? Justify your
resolution. (10pts)

3. Ricardo is charged of Rape with Homicide for having raped and killed Riza, the
only daughter of Dang and Dong. Before the open court trial of the case, Dang and Dong
brought Wilberto to the Public Prosecutor. Allegedly, Wilberto witnessed how Ricardo
killed Riza. Hence, the Public Prosecutor presented Wilberto as a witness.
During the trial of the case, Wilberto, at the witness stand, was sworn in to tell the
truth in open court before the Presiding Judge. After stating his name and other personal
circumstances, the Public prosecutor started to ask questions on Wilberto, wherein the
first question was: On the night of August 30, 2020, do you still recall where you were?
Wilberto was about to give his answer, when suddenly Ramona, wife of Wilberto,
appeared inside the courtroom and shouted to the Judge to stop the hearing of the case.
Ramona divulged that Wilberto was a paid witness, i.e., that he was merely paid by Dang
and Dong to testify falsely against Ricardo.
Hence, Wilberto was charged of Frustrated False Testimony before the Office of
the Public Prosecutor. He, however, argued, that if ever he is liable it should only be
Attempted False Testimony.
If you were the assigned Public Prosecutor in the case, how would you resolve the
case? Justify your resolution. (10pts)
4. It was raining hard when Ramoncito arrived home 6:00pm. He was about to open
the door when he heard some noise at the back of their house. Slowly, he went at the
back, and there, he saw a man, wearing a jacket with a hood that covered his face, trying
to open the backdoor of the house with a picklock. Ramoncito picked a ‘dos por dos’ with
a protruding huge nail from the ground, and hit the back of the head of the man with the
said piece of wood. The nail pierced through the back of the head of the man who fell on
the ground.
Ramoncito was shocked to see that the man was his brother living in the same
house. Catching his last breathe, the brother told Ramoncito: ‘Nawala susi ko. Dito sana
sa likod ako dadaan kasi ayokong sirain lock ng main door.”
Prosecuted for Homicide for having killed his brother, Ramoncito rasied the
following defenses:
4.1 He acted under mistake of fact.
4.2 He was performing a lawful act in trying to protect his house, hence, the
Proximate Cause Doctrine, under Article 4(1), RPC, would not apply to him.
4.3 He was acting in the fulfillment of his right to protect his property, hence his
act is justified under Article 11(5), RPC.
4.4 He has no intention to commit so grave a wrong as that committed (prater
intentionem).
Are Ramoncito’s defenses meritorious? Explain. (20pts)

5. Toffer was mad at Raymond for having constructed a two-storey house that blocks
the sunlight to his bungalow house. Toffer decided to destroy Raymond’s house by fire.
One morning, about 5:00 o’clock, Toffer placed straws and old newspapers around
the house of Raymond and poured gasoline on them. With the use of a matchbox, he set
fire on said straws and newspapers and left. Raymond was awakened at the smell of
gasoline and fire. When he opened the door of his house, he was shocked to see the
straws and newspapers surrounding his house that were on fire. He shouted help from
his neighbors, and luckily they were able to put-off the fire before it spread to Raymond’s
house.
Arson is the malicious destruction of property by means of fire.
Raymond, wanting to file a case of Arson against Toffer, engages your services as
his counsel. What case would you file against Toffer: Attempted Arson, Frustrated Arson,
or Consummated Arson? Explain. (10pts)

6. The pandemic has caused Cristopher his job as a construction worker. Finding his
children hungry as there was no food on the table, Cristopher got out of the house. As he
was walking, he took notice of this big house near the crossing with the windows on the
2nd floor opened. Wanting to take valuables from the house, Cristopher climbed it and
entered passing through the opened window. But he was shocked as there was nothing
inside the house – only the walls and the posts. The house was totally empty.
As Cristopher sadly got out of the house, the barangay tanods who saw him
entered the house, arrested him. He was charged of Attempted Robbery. But he
countered that if ever he is liable, it is only for an Impossible Crime.
If you were the Public Prosecutor, resolve the case. What case would you file
against Cristopher? Justify your resolution. (20pts)

7. PO1 Red disguised himself as a civilian in order to trap and arrest drug pushers.
Dressed in civilian attire, he sat on a bench in front of a store where, based on rumors,
sale of drugs was rampant. A few minutes thereafter, Lucky approached PO1 Red, and
asked him: “Gusto mong umiskor?” PO1 Red replied: “Oo. Bakit, meron ka?” Lucky
opened the palm of his right hand, and said: “Oo, Php200.00 ang isa.” There were 2
small plastic sachets of shabu on the palm of Lucky’s hand when he opened it. When
PO1 Red saw the sachets, he immediately announced that he is a police officer, and
proceeded with the arrest of Lucky.
Taking into consideration the case of People vs. Morilla (an assigned case in the
course syllabus), the Public Prosecutor filed a case of ATTEMPTED Illegal Sale of Drugs
under RA 9165, The Comprehensive Dangerous Drugs Act, against Lucky.
Lucky filed a Motion to Quash/Dismiss the case on the ground that there are no
attempted and frustrated stages in violation of Special Penal Laws like RA 9165.
 If you were the Judge, would you grant or deny the Motion to Quash/Dismiss?
Explain your decision. (10pts)

8. For having falsified the signature of her employer in Japan, Leah was called by the
Philippine Consul. When Leah reached the Philippine Embassy in Japan, the Consul told
her that they discovered the forgery that she did on her Certificate of Employment.
Further, the Consul said the Philippines could not protest in case the employer would file
a case against her in Japan. Leah cried and requested the Consul to keep as secret her
act of forgery. Then, Leah took $200 from her bag and gave it to the Consul while begging
him not to report her.
The Philippine Consul and Leah were later charged before the Philippine courts of
Direct Bribery and Corruption of Public Official, respectively, as the receiver and giver of
the bribe of $200.
Will said cases prosper? Explain. (10pts)

GOOD LUCK. KEEP SAFE.

*** vcgarcia
UST-Crim1
On-Line-PrelimExam
October2020