Criminal Law 1

Arellano University School of Law

Atty. David Robert C. Aquino, CSEE TRIAL EXAMINATIONS Instruction: This serves as a PRACTICE EXAM in order for you to determine if you are ready to take the FINAL EXAMS in my class. Try to answer the questions under 1 HOUR.

I. MCQ (Choose the best answer) 35% 1. Which of the following is an example of a principal and accessory relationship? a. Ali breaks into his ex-wife's house and rapes her. He uses her telephone to call Angelo, tells him what he has done and asks if Angelo will come and pick him up. Angelo drives Ali home. b. Benedict and Garret agree to commit a robbery. Benedict points a gun at the cashier while Garret grabs the money. c. Elgin and Larry agree to burglarize a house. Elgin waits outside while Larry breaks into the house. d. Joseph attacks Divina in the street. Mickko sees what is happening and joins in to assist Joseph. Divina suffers serious injuries. 2. Prof. Lean gave a failing grade to one of his students, Lady Love. When the two met the following day, Lady Love slapped Prof. Lean on the face. What was the crime committed by Lady Love? a. Corruption of Public Officials b. Direct Assault c. Slight Physical Injuries d. Grave Coercion 3. Age of absolute irresponsibility in the commission of a crime: a. b. c. d. 15-18 years old 18-70 years old 9 years old and below between 9 & 15 years old

4. A qualifying circumstance cannot be presumed, but must be established by: a. !proof beyond reasonable doubt b. !clear and convincing evidence! c. !substantial evidence d. !preponderance of evidence ! 5. A justifying circumstance is exemplified by: a. !a retreat from aggression. b. !a pre-emptive blow. c. !a counter blow. d. !a good intention. 6. !An act or omission which is the result of a misapprehension of facts that is voluntary but not intentional: a. !absolutory cause b. !mistake of facts c.! culpa d. !felony 7. Conspiracy to commit this felony is punishable under the law: a. estafa b. !murder c. !rebellion d. !rape 8. !A building or structure, exclusively used for rest and comfort: a. !sanctuary b. !prison c. !jail

d. !dwelling 9. !The mental capacity to understand the difference between right and wrong: a. !treachery b. !premeditation c. !recidivism d. !discernment 10. !Which of the following is not a person in authority: a. !municipal mayor b. private school teacher c. police officer d. municipal councilor 11.!Circumstances wherein the acts of the person are in accordance with the law, and hence, he incurs no criminal and civil liability: a. !exempting b. !alternative c. justifying d. !aggravating 12. !When the offender enjoys and delights in making his victim suffers slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act: a. !ignominy b. !cruelty c. treachery d. !masochism 13. !One, who at the time of his trial for one crime shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code: a. !recidivism b. !habitual delinquency c. !reiteracion d. !quasi-recidivism 14. alevosia means: a. !craft b. !treachery c. !evident premeditation d. !cruelty 15. !What is the effect when a qualifying aggravating circumstance is not alleged in the information? a. !The qualifying aggravating circumstance which is not alleged in the information shall be treated as a generic aggravating circumstance. b. !The qualifying circumstance could be proved neither as qualifying aggravating nor as generic aggravating circumstance. c. !The qualifying circumstance may be proved during the trial if the same is not objected to by the counsel for the accused. d. !The qualifying circumstance which is not alleged in the information will not be taken as a generic aggravating circumstance if not proved beyond reasonable doubt. ! 16.! Robert was charged with the crime of homicide pleaded not guilty during the preliminary investigation. Upon elevation of the case to the RTC, the court of competent jurisdiction, he pleaded guilty freely and voluntarily upon arraignment. Can his plea of guilty before the RTC be considered spontaneous and thus entitle him to the mitigating circumstance of spontaneous plea of guilty under Art. 13 (7), RPC? a. !No, because the plea of not guilty was not made immediately; the !accused having plead not guilty during preliminary investigation. b. !Yes, because the plea of guilty was made before the presentation !of evidence. c. !No, because it is required that the plea of guilty to be !mitigating, must be made during the custodial investigation d. !Yes, because the plea of guilty is mitigating if the same was !made in any stage of the proceeding as long as made before judgment. 17. !What is the legal effect when the offender is a person whose age is 15 years old and below? a. !The act is justified

b. !There is no crime c. !The offender is not criminally liable d. !The offender is not criminally and civilly liable. 18. !Which of the following is least likely to raise self-defense as an issue? a. !Louise and Jhonalyn are having a fight. Rasiel also has a grievance with Louise and tackles her to the ground. b.!Lourdes sees Rachell stealing food in a supermarket so she pushes !her to the ground and sits on her to detain her until a security guard arrives. c.!Marjorie is just about to stab Zainab. Slyvia hits Marjorie with a spade to prevent the attack. d.!Liezl hits Gerard over the head with a baseball bat as she believes that he is a dangerous escaped convict. In fact, Gerard is the local vicar but he does bear quite a resemblance to the escaped convict. 19. ! What is the effect of a successful plea of self-defense? a.!The defendant is acquitted of the charge b.!The defendant is convicted of a less serious offence than the offence for which he was charged. c. !The defendant is convicted but the fact that he acted in self-!defense is a mitigating factor that is taken into account when sentencing. d. !The defendant is convicted but the sentence that he would have received is halved due to selfdefense. 20. The alternative circumstance of relationship shall NOT be considered between: a. !mother-in-law and daughter-in-law. b. !adopted son and legitimate natural daughter. c. !aunt and nephew. d. !stepfather and stepson. 21. !Marilyn, Angeleen and Arriane quarrelled with Shiela while they were at the latter s house. Enraged, Marilyn repeatedly stabbed Sheila while Angeleen and Shiela pinned her arms. What aggravating circumstance if any attended the killing of Sheila? a. !evident premeditation. b. !none. c. !abuse of superior strength d. !treachery 22. !Gina and Jenny asked Marilou to give them a sketch of the location of Maries house since they wanted to kill her. Marilou agreed and drew them the sketch. Gina and Jenny drove to the place and killed Marie. What crime did Marilou commit? a. !Accomplice to murder, since his cooperation was minimal. b. !Accessory to murder, since his map facilitated the escape of the two. c. !None, since she took no step to take part in executing the crime. d. !Principal to murder, since he acted in conspiracy with Gina and Jenny 23. !To mitigate his liability for inflicting physical injury to another, an accused with a physical defect must prove that such defect restricted his freedom of action and understanding. This proof is not required where the physical defect consists of: a. !a severed right hand. b. !complete blindness. c. !being deaf mute and dumb. d. !a severed leg. 24. !John Earl killed Cristina, 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 John Earl? a. !None since he killed her under exceptional circumstances. b. !None since he acted under a mistake of fact. c. !Parricide. d.!Homicide. 25. ! M inority is a privileged mitigating circumstance which operates to reduce the penalty by a degree where the child is a. !15 years and below acting without discernment. b. !above 15 years but below 18 acting without discernment. c. !below 18 years acting with discernment. d. !18 years old at the time of the commission of the crime acting with discernment.

26. !Mikhail, without intent to kill, aimed his gun at Ishmael and fired it, hitting the latter who died as a consequence. Under the circumstances: a. !Mikhail cannot plead praetor intentionem since the intent to kill is presumed from the killing of the victim. b. !Mikhail may plead praetor intentionem since he intended only to scare, not kill Ishmael. c. !Mikhail may plead aberratio ictus as he had no intention to hit Ishmael. d. !Mikhail may plead commission of only Discharge of Firearm as he had no intent to kill Ishmael when he fired his gun. 27. !The mitigating circumstance of immediate vindication of a grave offense cannot be appreciated in a case where: a. !Following the killing of his adopted brother, Roslyn went to the place where it happened and killed Julia whom she found there. b. !Willie kills Emmanuel who attempted to rape Willies wife. c. !Sheryl severely maltreats Louie, a septuagenarian, prompting the latter to kill her. d. !Ali killed Paul who slandered his wife. 28. !To save herself from crashing into an unlighted truck abandoned on the road, Isay swerved her car to the right towards the graveled shoulder, killing two bystanders. Is she entitled to the justifying circumstance of state of necessity? a. !No, because the bystanders had nothing to do with the abandoned truck on the road. b. !No, because the injury done is greater than the evil to be avoided. c. !Yes, since the instinct of self-preservation takes priority in an emergency. d. !Yes, since the bystanders should have kept off the shoulder of the road. 29. !The accused was shocked to discover his wife and their driver sleeping in the master s bedroom. Outraged, the accused got his gun and killed both. Can the accused claim that he killed the two under exceptional circumstances? a. !No, since the accused had time to reflect when he got his gun. b. !No, since the accused did not catch them while having sexual intercourse. c. !Yes, since the wife and their driver desecrated the marital bed. d. !Yes, since the scene shows that they had an intimate relationship. 30. !Deeply enraged by his wifes infidelity, Elgin shot and killed her lover. Elgin subsequently surrendered to the police. How will the court appreciate the mitigating circumstances of (i) passion or obfuscation, (ii) vindication of a grave offense, and (iii) voluntary surrender that Elgin invoked and proved? a. !It will appreciate passion or obfuscation and voluntary surrender as one mitigating circumstance and vindication of a grave offense as another. b. !It will appreciate all three mitigating circumstances separately. c. !It will appreciate the three mitigating circumstances only as one. d. !It will appreciate passion or obfuscation and vindication of a grave offense as just one mitigating circumstance and voluntary surrender as another. 31. !Sheera allowed a man to have sex with her thinking that he was her husband. After realizing that the man was not her husband, Sheera stabbed him to death. Under the circumstances, the mitigating circumstance in attendance constitutes: a. !defense of honor. b. !immediate vindication of a grave offense. c. !passion or obfuscation. d. !self-defense 32. !Robert inflicted violent kicks on vital parts of Larrys body. Larry, nevertheless, was able to flee for fear of his life. Refusing to undergo treatment for his injuries, Larry died 3 days later. Is Robert liable for Larrys 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 Larry cannot be compelled to undergo medical treatment. d. !Yes, since it was a natural result of the injuries Robert inflicted on Larry. 33. !The aggravating circumstance of uninhabited place is aggravating in murder committed: a. !on a banca far out at sea. b !in a house located in dead end. c. !in a dark alley in Tondo. d. !in a partly occupied condominium building

34. !A qualifying aggravating circumstance: a. !changes the description and the nature of the offense. b. !increases the penalty to its next degree but absorbs all the other aggravating circumstances. c. !raises the penalty by two periods higher. d. !is one which applies only in conjunction with another aggravating circumstance. 35.! He is an accomplice who: a. !agreed to serve as a lookout after his companions decided to murder the victim. b. !watched quietly as the murderer stabbed his victim. c. !helped the murderer find the victim who was hiding to avoid detection. d. !provided no help, when he can, to save the victim from dying. II.Enumeration (List the following) 10% 1. 2. All aggravating circumstances; and All penalties and their respective duration.

III. Essay (Answer clearly, correctly and concisely) 1. 2. 3. 4. Distinguish recidivism from habituality. (5%) Distinguish ignominy from cruelty. (5%) Distinguish principal by indispensable cooperation from accomplice. (5%). Accused robs an 82 year old man on the street. Is disregard of old age as aggravating circumstance present? (10%) Edgar is an electrician while Alvin is his assistant. Edgar called Alvin. The latter approaches the former, answering, Why are you calling me? Edgar considers the retort as provocative answer and suddenly throws a huge piece of wood at Alvin. Alvin retaliates by throwing the same wood. Edgar, furious by Alvins retaliation, approaches his assistant and starts to beat him. Alvin defends himself with a screwdriver and inflicts mortal wound on Edgar. - Is there sufficient provocation on the part of Alvin when he retorted, Why are you calling me? Is there a reasonable necessity using the screw driver to repel the attack? Explain. (10%) Noel is not known for habitual drinking. Noel decides and plans to kill Dominador. When Noel is ready to carry out his plan, he drink four bottles of Red Horse to give him courage. Then, he looks for Dominador and kills the latter. Is his intoxication mitigating? (10%) JR, 11 years old, plays target shooting with his bestfriend, RR. JR accidentally hit RR with a pellet on the left collar bone which caused the latter s death. Is JR criminally liable? (10%)

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