1.

A, B and C, all seventeen (17) years of age, waited for nighttime to avoid detection and to
facilitate the implementation of their plan to rob G. They entered the room of G through a window.
Upon instruction of A, G opened her vault while 8 was poking a knife at her. Acting as lookout, C
had already opened the main door of the house when the helper was awakened by the pleading
of G to A and B to just take the money from the vault without harming her. When the helper
shouted for help upon seeing G with A and B inside the room, 8 stabbed G and ran towards the
door, leaving the house with C. A also left the house after taking the money of G from the vault. G
was brought to the hospital where she died as a result of the wound inflicted by B. Under the
given facts, are A, B and C exempt from criminal liability? If not, what is the proper charge against
them or any of them?
a. A, B and C, being under eighteen (18) years of age at the time of the commission of the
offense, are exempt from criminal liability and should be merely subjected to intervention
program for child in conflict with the law.
b. There being no indication of having acted with discernment, A, B and C are exempt from
criminal liability, subject to appropriate programs in consultation with the person having
custody over the child in conflict with the taw or the local social welfare and development
officer.
c. Considering the given facts which manifest discernment, A, B and C are not exempt from
criminal liability and should be charged with the complex crime of robbery with homicide,
subject to automatic suspension of sentence upon finding of guilt.
d. Under the given facts, A, 8 and C are not exempt from criminal liability because they
conspired to commit robbery for which they should be collectively charged as principals,
and in addition, B should be separately charged with homicide for the death of G, subject
to diversion programs for children over 15 and under 18 who acted with discernment.

2. AAA was convicted of theft by a Manila Court and sentenced to a straight penalty of one (1) year
of prision correccional. After serving two (2) months of the sentence, he was granted conditional
pardon by the Chief Executive. One of the conditions of the pardon was for him not to be found
guilty of any crime punishable by the laws of the country. He subsequently committed robbery in
Pasay City. Can the Manila Court require AAA to serve the unexpired portion of the original
sentence?
a. Yes. The Manila Court has the authority to recommit AAA to serve the unexpired portion
of the original sentence in addition to the penalty for violation of conditional pardon.
b. No. The penalty remitted by the conditional pardon is less than six (6) years.
c. Yes. The penalty for violation of conditional pardon is the unexpired portion of the
punishment in the original sentence.
d. No. AAA must first be found guilty of the subsequent offense before he can be
prosecuted for violation of conditional pardon.

3. What is the criminal liability of a person who knowingly and in any manner aids or protects
highway robbers/brigands by giving them information about the movement of the police?
a. He is criminally liable as principal by indispensable cooperation in the commission of
highway robbery or brigandage.
b. He is criminally liable as an accessory of the principal offenders.
c. He is criminally liable as an accomplice of the principal offenders.
d. He is criminally liable as principal for aiding and abetting a band of brigands.

4. A entered the house of B. Once inside the house of B, A took and seized personal property by
compulsion from B with the use of violence and force upon things, believing himself to be the
owner of the personal property so seized. What is the criminal liability of A?
a. A is criminally liable for robbery with violence because he employed violence in the taking
of the personal property from B, robbery characterized by violence being graver than
ordinary robbery committed with force upon things.
b. A is criminally liable for robbery with force upon things in an inhabited house because the
act was committed in a house constituting the dwelling of one or more persons.
c. A is criminally liable for grave coercion because the presumption of intent to gain is
rebutted.
d. A is criminally liable for qualified trespass to dwelling because he employed violence.

5. What should be the proper charge against an offender who unlawfully took and carried away a
motor vehicle belonging to another without the latter's consent, killing the driver in the process?
a. The proper charge against the offender should be murder with the use of motor vehicle.
b. The proper charge against the offender should be qualified carnapping or carnapping in
an aggravated form.
c. The proper charge against the offender should be carnapping and homicide.
d. The proper charge against the offender should be robbery with homicide.
6. A postal van containing mail matters, including checks and treasury warrants, was hijacked along
a national highway by ten (1 0) men, two (2) of whom were armed. They used force, violence and
intimidation against three (3) postal employees who were occupants of the van, resulting in the
unlawful taking and asportation of the entire van and its contents.
a. If you were the public prosecutor, would you charge the ten (10) men who hijacked the postal van
with violation of Presidential Decree No. 532, otherwise known as the Anti-Piracy and Anti -
Highway Robbery Law of 1974? Explain your answer. (5%)
b. If you were the defense counsel, what are the elements of the crime of highway robbery that the
prosecution should prove to sustain a conviction? (5%)
V
a. Who is an accomplice? (5%)
b. Distinguish an accomplice from a conspirator as to their knowledge of the criminal design of the
principal, their participation, the penalty to be imposed in relation to the penalty for the principal,
and the requisites/elements to be established by the prosecution in order to hold them criminally
responsible for their respective roles in the commission of the crime. (5%)
VI
a. What is the fundamental principle in applying and interpreting criminal laws, including the
Indeterminate Sentence Law? (5%)
b. How is the Indeterminate Sentence Law applied in imposing a sentence? (5%)
VII
a. Who are brigands? (5%)
b. Distinguish brigandage from robbery in band as to elements, purpose of the offender and
agreement among the offenders. (5%)
VIII
a. Who is a habitual delinquent? (5%)
b. 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. (5%)
IX
a. Define conspiracy. (5%)
b. Distinguish by way of illustration conspiracy as a felony from conspiracy as a manner of incurring
liability in relation to the crimes of rebellion and murder. (5%)
X
a. Explain and illustrate the stages of execution of the crime of homicide, taking into account the
nature of the offense, the essential element of each of the stages of execution and the manner of
committing such international felony as distinguished from felony committed through reckless
imprudence. (5%)
b. AA was arrested for committing a bailable offense and detained in solitary confinement. He was
able to post bail after two (2) weeks of defection. During the period of detention, he was not given
any food. Such deprivation caused him physically discomfort. What crime, if any, was committed
in connection with the solitary confinement and food deprivation of AA? Explain your answer.
(5%)
1. With intent to kill, GGG burned the house where F and D were staying. F and D died as a
consequence. What is the proper charge against GGG?

a. GGG should be charged with two (2) counts of murder.

b. GGG should be charged with arson.

c. GGG should be charged with complex crime of arson with double murder.

d. GGG should be charged with complex crime of double murder.

2. Conspiracy to commit felony is punishable only in cases in which the law specifically
provides a penalty therefor. Under which of the following instances are the conspirators not
liable?
a. Conspiracy to commit arson.
b. Conspiracy to commit terrorism.
c. Conspiracy to commit child pornography.
d. Conspiracy to commit trafficking in persons.
3. With intent to cause damage, AAA deliberately set fire upon the two-storey residential house
of his employer, mostly made of wooden materials. The blaze spread and gutted down
seven neighboring houses. On the occasion of the fire, six (6) persons sustained burn
injuries which were the direct cause of their death. What crime was committed by AAA?
a. AAA committed the complex crime of arson with multiple homicide.
b. AAA committed arson and multiple homicide.
c. AAA committed simple arson.
d. AAA committed arson and multiple murder.

4. What crime is committed by a utility worker in government who destroys office files as an act
of revenge against his supervisor?

a. The utility worker commits infidelity in the custody of papers.

b. The utility worker commits malicious mischief.

c. The utility worker commits estafa by removing, concealing or destroying office files.

d. The utility worker commits crime involving destruction.

5.