Crim Law 1 Finals 2022 23

Criminal Law 1 Finals
Prof. Ng
1. Goldwin was invited to a drinking spree by friends. After having had a drink
too many, Goldwin and Tab had a heated argument, during which Goldwin
stabbed Tab. As a result, Tab suffered serious physical injuries. May the
intoxication of Goldwin be considered aggravating or mitigating? (10 pts.)
2. The accused and the victim occupied adjacent apartments, each being a
separate dwelling unit of one big house. The accused suspected his wife of
having an illicit relation with the victim. One afternoon, he saw the victim
and his wife together on board a vehicle. In the evening of that day, the
accused went to bed early and tried to sleep, but being so annoyed over
the suspected relation between his wife and the victim, he could not sleep.
Later in the night, he resolved to kill the victim. He rose from bed and took
hold of a knife. He entered the apartment of the victim through an unlocked
window. Inside, he saw the victim soundly asleep. He thereupon stabbed
the victim, inflicting several wounds, which cause his death within a few
hours. Would you say that the killing was attended by aggravating
circumstances of: a) evident premeditation, b) treachery, c) nighttime and
d) unlawful entry? Explain each. (10 pts.)
3. Leila, the daughter of Conchita, stole the earrings of Lorna, a stranger.

Conchita pawned the earrings with Davaoana Pawnshop as a pledge for
P500 loan. During the trial, Conchita raised the defense that being the
mother of Leila, she cannot be held liable as an accessory. Will Conchita’s
defense prosper? (10 pts.)
4. Dennis was charged with frustrated homicide and was later convicted by
the trial court. On appeal, the Court of Appeals found him guilty of only
attempted homicide carrying a penalty of two years to four months. Can
Dennis apply for probation considering that he appealed the Decision of
the trial court? Explain. (10 pts.)
5. Mr. X and Mr. Y engaged in a violent fistfight. This culminated in Mr. X

repeatedly smashing Mr. Y’s head on the concrete pavement. Thereafter,
Mr. X left Mr. Y. A few minutes after the incident, Mr. X immediately went to
the police station to confess what he did and told the police where to find
Mr. Y. Unfortunately, the police found Mr. Y’s lifeless body. Mr. X then was
charged in court with Homicide, to which he openly confessed his guilt
upon arraignment.
a) Based on the facts, what is/are the mitigating circumstance/s that may
be appreciated in favour of Mr. X. Explain (5 pts.)
b) Under the Revised Penal Code, Homicide is punished with the penalty of
reclusion temporal. Applying the Indeterminate Sentence Law, what
penalty should be imposed against Mr. X assuming he is found guilty of
the charge of Homicide with two ordinary mitigating circumstances
have been duly proven? (5 pts.)
6. Perdy, a reporter was ambushed and gunned down by Hudas, a gun for
hire. Hudas was arrested at a checkpoint just after the incident. During the
investigation, Hudas admitted that a certain General Bantay, an enemy of
Perdy paid him PHP 1,000,000.00 to assassinate Perdy because of the
latter’s expos’e against General Bantay. What are the criminal liabilities of
Hudas and General Bantay? (10 pts.)
7. Ariel intimidated Rachel, a mental retardate, with a bolo into having sexual
intercourse with him. Rachel’s mother immediately filed a complaint,
supported by her sworn statement, before the City Prosecutor’s Office.
After a week, Ariel cried and begged for forgiveness. Because of his
sincerity, he was eventually forgiven by Rachel and her mother. Ariel then
filed a motion with the Office of the City Prosecutor seeking the dismissal
of the criminal case against him on account of pardon by the offended
party. Will the case be dismissed? Why or why not? (10 pts.)
8. After trial, Judge Juan Laya of the Manila RTC found Benjamin Garcia
guilty of Murder, the victim having sustained several bullet wounds in his
body so that he died despite medical assistance given in the Ospital ng
Maynila. Because treachery was found to be present, Judge Laya rendered
his decision convicting Benjamin and sentencing him to “reclusion
perpetua or life imprisonment”. Are “reclusion perpetua” and life
imprisonment the same and can be imposed interchangeably as in the
foregoing sentence? Or are they totally different? State your reasons. (10
pts.)
9. Five robbers robbed, one after the other five houses occupied by different
families located inside a compound enclosed by a six-feet high hollow
block fence. How many robberies did the five commit? Explain. (10 pts.)
10. One fateful night in January 1990, while 5-year old Albert was urinating at
the back of their house, he heard a strange noise coming from the kitchen
of their neighbor and playmate, Ara. When he peeped inside, he saw Mina,
Ara's stepmother, very angry and strangling the 5-year old Ara to death.
Albert saw Mina carry the body of Ara, place it inside the trunk of her car
and drive away. The dead body of Ara was never found. Mina spread the
news in the neighbourhood that Ara went to live with her grandparents in
Ormoc City. For fear of his life, Albert did not tell anyone, even his parents
and relatives, about what he witnesses. Twenty and a half (20 & 1/2) years
after the incident, and right after his graduation in Criminology, Albert
reported the crime to NBI authorities. The crime of homicide prescribes in
20 years. Can the state still prosecute Mina for the death of Ara despite the
lapse of 20 & 1/2 years? Explain. (10 pts.)
END

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Criminal Law 1 Finals

3. Leila, the daughter of Conchita, stole the earrings of Lorna, a stranger.

5. Mr. X and Mr. Y engaged in a violent fistfight. This culminated in Mr. X

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