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I. IDENTIFICATION (40%)
3. _____________________.
9. A felony is ________________ when all the elements necessary for its execution and
accomplishment are present;
10. and it is ___________ when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
11. There is an attempt when the offender commences the commission of a felony directly by
_________ acts, and does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than his own spontaneous desistance.
17. There is proposal when the person who has decided to commit a felony ________ its execution
to some other person or persons.
18. Grave felonies are those to which the law attaches the ________________.
19. ______________ felonies are those which the law punishes with penalties which in their
maximum period are correctional, in accordance with the abovementioned article.
20. _______________ are those infractions of law for the commission of which the penalty of
arresto menor or a fine not exceeding 200 pesos or both, is provided.
II. Enumeration (30%)
22. Enumerate the situations that give rise to exempting circumstances. (20)
III. Essay
23. Charlie hated his classmate, Brad, because the latter was assiduously courting Lily, Charlie’s
girlfriend. Charlie went to a veterinarian and asked for some poison on the pretext that it would be used
to kill a very sick, old dog. Actually, Charlie intended to use the poison on Brad. The veterinarian
mistakenly gave Charlie a non-toxic powder which, when mixed with Brad’s food, did not kill Brad.
24. Differentiate mistake in the identity of the victim (error in personae) from mistake in the blow
(aberration ictus).. Give a particular situation. (10%)