CRIMINAL LAW I

SAMPLE QUESTIONS (97 midterm)

INSTRUCTION: In answering, please be brief, concise, and logical. Good luck! 1. a) Distinguish intent from motive. b) Discuss the characteristics of criminal law. c) Discuss the theories in criminal law. (8pts.) Juan was convicted of an offense on the strength of the complaint filed by Maria by Judge Pedro of the Regional Trial Court of Tacloban City, and was sentenced to suffer the penalty of prision correctional in its maximum period after appreciating in Juans favor two mitigating circumstances and no aggravating circumstance. Had it not for these mitigating circumstances he could have been sentenced to suffer the penalty of prision mayor. Is Judge Pedro legally correct? Support your answer by citing pertinent provisions or principles of law. (10pts.) Juan was stabbed by Melchor by means of a deadly weapon. Juan died and because of his death, his heirs filed a case of murder against Melchor. During the trial a medic-legal expert was presented to testify on the medico-legal report. It was found out that Juan suffered two wounds one on his arm and one at the back. After trial Melchor was convicted on the crime of murder. If you were the counsel of Melchor what will you do on appeal to support the interest of Melchor aside from self-defense? Support your answer by citing pertinent provisions and principles of law. (8pts.) Judge X of the Regional Trial Court of Tacloban City acquitted A of the crime of homicide. Judge X in acquitting A relied on As defense of self-defense. If you are the counsel of the prosecution what will you do to prove that Judge X committed grave abuse of discretion in acquitting A? Discuss your answer exhaustively by citing pertinent provisions and principles of law including decided cases. (10pts.) Judge X denied the application for suspension of sentence filed by A through his counsel B after A was convicted of the crime of theft by the Presiding Judge of the City Court of Tacloban City. Because of the denial counsel B filed an appeal to the Regional Trial Court of Tacloban City questioning the legitimacy of the denial. Comment by citing pertinent provisions of law. (8pts.)

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6. Juan was sued of the crime of robbery with homicide, during the arraignment Juan assisted by his counsel entered a plea of guilty to the crime charged. After his plea Judge A convicted him of the maximum penalty of death.

Is Judge A correct? Support your answer by citing pertinent provision of law and decided cases? (8pts.) 7. Pedro was befriended by Edwin. Then after minutes of conversation agreed to rob the house of Juan. They went to the house of Juan and entered the house by breaking the main door and once inside Pedro took some jewelries. At this juncture Edwin immediately arrested Pedro and informed the latter that he was a policeman. Did Pedro incur any criminal liability? Support your answer. (8pts.) 8. Presuming you are the counsel of Bert who was convicted of the crime of Murder because as alleged he committed the killing with evident premeditation and for a price or reward. What will you do on appeal to protect the interest of your client as far as lowering his penalty is concerned. Support your answer by citing pertinent principles of criminal law. (8pts.)

9. The accused in a criminal case of serious physical injuries presented evidences to prove that when he committed the crime he was provoked by the complainant as well as (unreadable) of vindication because complainant in the presence of many guests uttered defamatory statements to his second (unreadable) and lastly, because he was acting under passion or obfuscation. If you are the counsel of the prosecution what will you do to protect the interest of your client as far as the aforementioned circumstances are concerned? Support your answer. (8pts.) 10. Presuming you are the counsel of an accused barely (unreadable) old and was convicted of the crime of theft. What will you do to protect his interest? Support your answer. (8pts.) 11. Judge Y convicted Marina of the crime of falsification of document with the aggravating circumstance of taking advantage of public position and recidivism. On appeal to the Court of Appeals the conviction was affirmed with modification because only the aggravating circumstance of taking advantage of public position was considered. Comment by citing pertinent provisions of law. (8pts.) In a crime of robbery, it was proven by the prosecution that the accused committed the crime during nighttime in an uninhabited place and in the dwelling of the offended party. Presuming you are the Judge, will you consider the (unreadable) mentioned circumstances against the accused? Support your answer. (8pts.)

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