INSTRUCTIONS

1. This Questionnaire contains six (6) pages including this page. Check the
number of pages and their proper sequencing. You may write notes on this
Questionnaire.

2. Read each question very carefully and write your answers in the same order
as the questions. Write your answers only on the front page of every sheet.
In your answers, use the numbering system in the questionnaire.

3. Answer the questions legibly, clearly, and concisely. Start each answer on a
separate page. An answer to a sub-question under the same number may be
written continuously on the same page and the immediately succeeding
pages until completed.

4. Your answer should demonstrate your ability to analyze the facts, apply the
pertinent laws and jurisprudence, and arrive at a sound or logical
conclusion. Always support your answer with the pertinent laws, rules,
and/or jurisprudence.

A MERE "YES" OR "NO" ANSWER WITHOUT ANY CORRESPONDING EXPLANATION

OR DISCUSSION WILL NOT BE GIVEN FULL CREDIT. THUS, ALWAYS BRIEFLY BUT
FULLY EXPLAIN YOUR ANSWERS ALTHOUGH THE QUESTION DOES NOT EXPRESSLY
ASK FOR AN EXPLANATION. DO NOT REWRITE OR REPEAT THE QUESTION.

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 I

a. What is a privileged mitigating circumstance?

b. Distinguish a privileged mitigating circumstance from an ordinary mitigating

circumstance?

II

Puti detested Pula, his roommate, because Pula was
One day, Puti decided to teach Pula a lesson and went
the pretext that he was going to kill a sick pet, when
Pula, the Vet instantly gave Puti a non-toxic solution
did not kill Pula.
courting Ganda, whom Puti fancied.
to a veterinarian to ask for poison on
actually Puti was intending to poison
which, when mixed with Pula’s food,

What crime, if any, did Puti commit?

III

a. Distinguish between crimes mala in se and mala prohibita?

b. May an act be considered as both mala in se and mala prohibita?

IV

Abe, married to Liza, contracted another marriage with Connie in Singapore. Thereafter,
Abe and Connie returned to the Philippines and lived as husband and wife in the hometown
of Abe in Laguna.

a. Can Abe be criminally liable for Bigamy?

b. Can Abe be criminally liable for Concubinage?

Distinguish conspiracy as a felony from conspiracy as a manner of incurring liability.

VI

Assume that you are a member of the legal staff of Senator Salcedo who wants to file a bill
about imprisonment at the National Penitentiary in Muntinlupa. He wants to make the State
prison a revenue earner for the country through a law providing for premium

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accommodations for prisoners (other than those under maximum security status) whose
wives are allowed conjugal weekend visits, and for those who want long-term premium
accommodations. For conjugal weekenders, he plans to rent out rooms with hotellike
amenities at rates equivalent to those charged by 4-star hotels; for long-term occupants, he
is prepared to offer room and board with special meals in air conditioned single-occupancy
rooms, at rates equivalent to those charged by 3-star hotels.

What advice will you give the Senator from the point of view of criminal law, taking into
account the purpose of imprisonment and considerations of ethics and morality?

VII

Col. Negre saw Filemon, an inmate, escaping from jail and ordered the latter to surrender.
Instead of doing so, Filemon attacked Col. Negre with a bamboo spear. Filemon missed in
his first attempt to hit Col. Negre, and before he could strike again, Col. Negre shot and
killed him.

a. Can Col. Negre claim self-defense? Explain.

Suppose Col. Negre missed in his shot, and Filemon ran away without parting with his
weapon. Col. Negre pursued Filemon but the latter was running so fast that Col Negre fired
warning shots into the air shouting for Filemon to stop. In as much as Filemon continued
running Col. Negre fired at him hitting and killing him.

b. Is the plea of self-defense sustainable? Discuss.

VIII

Ms. A had been married to Mr. B for 10 years. Since their marriage, Mr. B had been jobless
and a drunkard, preferring to stay with his “barkadas” until the wee hours of the morning.
Ms. A was the breadwinner and attended to the needs of their three (3) growing children
Many times, when Mr. B was drunk, he would beat Ms. and their three (3) children, and
shout invectives against them. In fact, in one of the beating incidents, Ms. A suffered a deep
stab wound on her tummy that required a prolonged stay in the hospital. Due to the
beatings and verbal abuses committed against her, she consulted a psychologist several
times, as she was slowly beginning to lose her mind. One night, when Mr. B arrived dead
drunk, he suddenly stabbed Ms. A several times while shouting invectives against her.
Defending herself from the attack, Ms. A grappled for the possession of a knife and she
succeeded. She then stabbed Mr. B several times which caused his instantaneous death.
Medico-Legal Report showed that the husband suffered five (5) stab wounds.

Can Ms. A validly put up a defense? Explain.

IX

Congress passed a law reviving the Anti-Subversion Law, making it a criminal offense again
for a person to join the Communist Party of the Philippines. Reporma, a former high-ranking

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member of the Communist Party, was charged under the new law for his membership in the
Communist Party when he was a student in the 80’s. He now challenges the charge against
him.

What objections may he raise?

Pierce is a French diplomat stationed in the Philippines. While on EDSA and driving with an
expired license, he hit a pedestrian who was crossing illegally. The pedestrian died. Pierce
was charged with reckless imprudence resulting in homicide.

Is Pierce criminally liable?

XI

Osang, a married woman in her early twenties, was sleeping on a banig on the floor of their
nipa hut beside the seashore when she was awakened by the act of a man mounting her.
Thinking that it was her husband, Gardo, who had returned from fishing in the sea, Osang
continued her sleep but allowed the man, who was actually their neighbor, Julio, to have
sexual intercourse with her. After Julio satisfied himself, he said “Salamat Osang" as he
turned to leave. Only then did Osang realize that the man was not her husband. Enraged,
Osang grabbed a balisong from the wall and stabbed Julio to death. When tried for
homicide, Osang claimed defense of honor.

Should the claim be sustained? Why?

XII

Clepto went alone to a high-end busy shop and decided to take one of the smaller purses
without paying for it. Overcame by conscience, she decided to leave her own purse in place
of the one she took. Her act was discovered and Clepto was charged with theft. She claimed
that there was no theft, as the store suffered no injury or prejudice because she had left a
purse in place of the one she took.

Is the defense tenable?

XIII

Carla, four (4) years old, was kidnapped by Enrique, the tricycle driver engaged by her
parents to drive her to and from school every day. Enrique wrote a ransom note demanding
that Carla’s parents pay him P500,000.00 ransom in exchange for her liberty. However,
before the ransom note could be received by Carla’s parents, Enrique’s hideout was
discovered by the police. Carla was rescued while Enrique was arrested. The prosecutor

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considered that the ransom note was never received by Carla’s parents and filed a case of
“Impossible crime to commit kidnapping” against Enrique.

Will the case prosper?

XIV

Pedro is married to Tessie. Juan is the first cousin of Tessie. While in the market, Pedro saw
a man stabbing Juan. Seeing the attack on Juan, Pedro picked up a spade nearby and hit
the attacker on his head which caused the latter’s death.

Can Pedro be absolved of the killing on the ground that it is in defense of a relative?

XV

JP, Aries and Randal planned to kill Elsa, a resident of Barangay Pula, Laurel, Batangas.
They asked the assistance of Ella, who is familiar with the place. On April 3, 1992, at about
10:00 in the evening, JP, Aries and Randal, all armed with automatic weapons, went to
Barangay Pula. Ella, being the guide, directed her companions to the room in the house of
Elsa. Whereupon, JP, Aries and Randal fired their guns at her room. Fortunately, Elsa was
not around as she attended a prayer meeting that evening in another barangay in Laurel.
JP, et. al., were charged and convicted of attempted murder by the Regional Trial Court at
Tanauan, Batangas. On appeal to the Court of Appeals, all the accused ascribed to the trial
court the sole error of finding them guilty of attempted murder.

If you were the ponente, how will you decide the appeal?

XVI

After killing the victim, the accused absconded. He succeeded in eluding the police until he
surfaced and surrendered to the authorities about two years later. Charged with murder, he
pleaded not guilty but, after the prosecution had presented two witnesses implicating him to
the crime, he changed his plea to that of guilty.

Should the mitigating circumstances of voluntary surrender and plea of guilty be considered
in favor of the accused?

XVII

BB and CC, both armed with knives, attacked FT. The victim's son, ST, upon seeing the
attack, drew his gun but was prevented from shooting the attackers by AA, who grappled
with him for possession of the gun. FT died from knife wounds. AA, BB and CC were charged
with murder. In his defense, AA invoked the justifying circumstance of avoidance of greater
evil or injury, contending that by preventing ST from shooting BB and CC, he merely
avoided a greater evil.

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Will AA's defense prosper?

XVIII

While they were standing in line awaiting their vaccination at the school clinic, Pomping
repeatedly pulled the ponytail of Katreena, his 11 years, 2 months and 13 days old
classmate in Grade 5 at the Sampaloc Elementary School. Irritated, Katreena turned around
and swung at Pomping with a ball pen. The top of the ball pen hit the right eye of Pomping
which bled profusely. Realizing what she had caused, Katreena immediately helped
Pomping. When investigated, she freely admitted to the school principal that she was
responsible for the injury to Pomping's eye. After the incident, she executed a statement
admitting her culpability. Due to the injury, Pomping lost his right eye.

Is Katreena criminally liable?

XIX

Two young men, A and B, conspired to rob a residential house of things of value. They
succeeded in the commission of their original plan to simply rob. A however, was sexually
aroused when he saw the lady owner of the house, and so raped her. The lady victim
testified that B did not in any way participate in the rape but he watched the happening
from a window and did nothing to stop the rape.

Is B as criminally liable as A for robbery with rape?

XX

Taking into account the nature of the felonies of coup d’etat and rape, may one be
criminally liable for frustrated coup d’etat or frustrated rape?

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