MID-TERM EXAMINATION

LAW 109- CRIMINAL LAW I

1st Semester, School Year 2024-2025

INSTRUCTIONS

1. This is a 3-hour examination consisting of 14 items, some with sub-questions, each worth 5
points. If the item contains sub-questions, please mark your answer separately with "(A)" followed by the
corresponding answer, then "(B)" followed by the answer.

2. Read each questions carefully. Do not assume facts that are not provided in the questions.

3. Answer the questions clearly and concisely. Your answer should demonstrate your ability to analyze
the facts, identify issues, apply the law and jurisprudence, and arrive at a sound and logical conclusion. A
mere “Yes” or “No” answer, or a mere legal conclusion without an explanation will not be given full credit.

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1. In January 2024, government-sponsored militias in Israel known as “Hakahaka” conducted

a campaign of slaughter, starvation, rape, and kidnapping of a certain racial and ethnic
group. An estimated 2,000,000 people were systematically killed, and 500,000 families
have been displaced. In June 2024, Calixto, a known leader of Hakahaka, was spotted in
Palawan. Calixto was criminally charged for the widespread and systematic attacks
directed against the civilian population. The Regional Trial Court (RTC) then issued a
warrant of arrest. Calixto challenged the jurisdiction of the RTC to prosecute the offense
since none of his actions was committed in the Philippines, and none of the alleged victims
is a Filipino citizen. Can Calixto be prosecuted in the Philippines? Explain. (5 pts.)

Yes, Calixto can be prosecuted in the Philippines. As a general rule, Criminal Law is
territorial, meaning to say, only criminal acts committed within the territory can be
prosecuted in the Philippines. However, in cases of violation of R.A. 9851, otherwise
known as the Philippine Act punishing crimes which are considered violation of
International Humanitarian Law, acts which were not committed within Philippine
territory can still be prosecuted in our courts provided that the accused is a Filipino,
or regardless of citizenship or residency the accused is found in the Philippines, or
when the acts are committed against a Filipino citizen. In the instant case, the acts
of Calixto and his group of killing, kidnapping, raping and starving hundreds of
thousand of individuals are considered as crimes against humanity, or even an act
of genocide. And since Calixto, is in the Philippines, he can be prosecuted for
violation of R.A. 9851.

2. Mabait received Magnanakaw in his house and told him to feel at home. Inside the house,
Magnanakaw planned to steal money from Mabait and covertly got hold of his cellphone.
Magnanakaw tried to access Mabait’s G-cash account. After several attempts,
Magnanakaw successfully opened Mabait’s G-cash, but it has zero balance Magnanakaw
returned Mabait’s cellphone and left the house disappointed. Magnanakaw was charged
with and convicted of impossible crime of theft. Is the conviction of Magnanakaw for the
impossible crime of theft proper? Explain. (5 pts.)

Yes, the conviction of Mananakaw for the impossible crime of theft is proper. The
law provides that there is impossible crime when an act performed with evil intent
would be an offense against person or property were it not for the impossibility of
its accomplishment, or that the means employed were either inadequate or
ineffectual. In the instant case, Magnanakaw had the evil intent to steal money from
Mabait manifested by his act of surreptitiously opening the G-cash account of
Mabait but because stealing was inherently impossible of accomplishing since there
was no money in the account, the crime of theft was not committed. Nonetheless,
however, the law still imposes penalty because of Magnanakaw’s criminal
tendencies. Thus, the conviction is proper.
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3. X surprised her legitimate husband Y in the act of sexual intercourse with his paramour Z.
Immediately, Z stood up and jumped out of the window. X took a .45 calibre firearm from
her drawer. X chased and caught up with Z. X aimed her firearm against Z. However, Z
snatched the firearm and shot X to death. At the trial, Z invoked self-defense. Did Z act in
self-defense to justify the killing of X? Explain. (5 pts.)
No. The act of Z is not considered as a valid self-defense. Under the law, the
requisites of self defense include the following: 1) there is unlawful aggression on
the part of the victim, 2) the reasonableness of the means employed to repel the
aggression, and lastly, 3) that the person defending himself did not give sufficient
provocation. In the instant case, Z gave sufficient provocation as she was caught
having sexual intercourse with the husband of the victim X. Thus, considering the
absence of the third requisite to have complete self-defense, Z’s act of killing X is
not justified.

ALTERNATIVE ANSWER:

No. The act of Z is not considered as a valid self-defense. Under the law, the
requisites of self defense include the following: 1) there is unlawful aggression on
the part of the victim, 2) the reasonableness of the means employed to repel the
aggression, and lastly, 3) that the person defending himself did not give sufficient
provocation. In the instant case, when Z snatched the gun from X, the aggression
already ceased to exist. Consequently, since the aggression had already ceased,
the act of shooting X is not necessary since there is no more aggression to speak of.
Thus, since the requirement of unlawful aggression is not in attendant, the killing of
X cannot be considered self-defense.

4. Cardo, a police officer responded to an emergency call at around 3:00 p.m. in an

apartment in San Fernando City, La Union. Upon his arrival, Cardo encountered Mrs.
Tililing stabbing her 1-year old child with a kitchen knife. Cardo grabbed Mrs. Tililing and
the latter threw the knife on the floor. Mrs. Tililing was immediately arrested. Despite
suffering multiple stab wounds on her back, the child survived. During the trial, Mrs.
Tililing insisted that she can only be held liable for Attempted Parricide because she
voluntarily desisted when she threw down the knife. Is Mrs. Tililing’s contention tenable?
Explain briefly. (5 pts.)

No, the contention of Mrs. Tililing is not tenable. Under the law, there is an
attempted felony when the perpetrator commenced the commission of the offense
by overt acts but does not perform all the acts of execution by reason of causes
other than his own spontaneous desistance. On the other hand, there is a frustrated
felony when the perpetrator performed all the acts of execution that would produce
the felony but nonetheless do not produce it by reason and causes independent of
the will of the perpetrator. In the instant case, Mrs. Tililing had already performed all
the acts of execution that would have produced the death of her child. The multiple
stabbed wounds she inflicted to her child are considered mortal wounds that would
have caused his death but because of PO Cardo’s act of grabbing Mrs. Tililing and
stopping her from further stabbing the victim, and the immediate medical attention
given to the child, death did not result. Mrs Tililing contention is not correct, since
all the acts of execution that would produce the felony had already been done, but
the resulting death of her child did not take place because of other causes
independent of her will. She shall be liable for frustrated parricide.

5. Sixteen-year-old Pedro prodded Maria, his girlfriend, to remove her clothing while they
were secretly together in her bedroom late one evening. Failing to get a positive response
from her, he forcibly undressed her. Apprehensive about rousing the attention of the
household who did not know of his presence inside her room, she resisted him with
minimal strength, but she was really sobbing in a muffled manner. He then undressed
himself while blocking- the door. Yet, the image of a hapless and sobbing Maria soon
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brought him to his senses, and impelled him to leave her room naked. He did not notice in
his hurry that Marco, the father of Maria, who was then sitting alone on a sofa in the sala,
saw him leave his daughter's room naked.

Outside the house, the now-clothed Pedro spotted Juan, Maria's former suitor. Knowing
how Juan had aggressively pursued Maria, Pedro fatally stabbed Juan. Pedro immediately
went into hiding afterwards.

Upon learning from Maria about what Pedro had done to her, an enraged Marco wanted to
teach Pedro a lesson he would never forget. Marco set out the next day to look for Pedro in
his school. There, Marco found a young man who looked very much like Pedro. Marco
immediately rushed and knocked the young man unconscious on the pavement, and then
draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG
TULARAN. Everyone else in the school was shocked upon witnessing what had just
transpired, unable to believe that the timid and quiet Peterson, Pedro's identical twin
brother, had committed rape.

(a) A criminal complaint for attempted rape was filed against Pedro. Before the trial court,
Pedro moved that the cases should be dismissed because he was entitled to the
exempting circumstance of minority. Is his motion correct? Explain your answer. (5
pts.)

No, his motion is not correct. The law provides that a minor below 15 years old is
exempt from criminal liability. Minor children more than 15 years of age but less than
18 is likewise exempt from criminal liability if they acted without discernment. In the
instant case, Pedro 16 years old was a minor at the time of the commission of the
offense. However, he is not exempt from criminal liability because his acts of hiding
after the incident indicates that he understood that what he did was wrong, as such, he
acted with discernment. Thus, his motion to dismiss on the ground of exemption from
criminal liability is not correct.

(b) On the other hand, Peterson filed separate complaints for serious physical injuries and
slander by deed. Answering the criminal complaint filed by Peterson, Marco contended
that he had incurred no criminal liability for lack of criminal intent on his part, his
intended victim being Pedro, not Peterson. What is this defense of Marco, and explain if
the same will prosper? (5 pts.)

The defense of Marco is one of error in personae. Error in personae results when the
perpetrator causes damage of injury to another without intent of committing it since
the intention was to inflict such damage or injury to some other person. Criminal
liability is still incurred by the perpetrator although the wrongful act was not the one,
he intended it to be. Being the proximate cause of the injury, the perpetrator shall still
be liable for all the consequences of his unlawful act. In the instant case, although
Marco had no intention to injure Peterson, as it was Pedro whom he intended to injure,
but because his act was unlawful, Marco shall be liable for all the consequences of his
evil act. Thus, his defense of error in personae will not prosper.

6. Mayabang made a sudden turn on a dark street, and his Rolls-Royce SUV bumped the
rear of a parked Cadillac Sedan inside which Hambog was then taking a nap. Angered by
the violent Impact, Hambog alighted and confronted Mayabang who had also alighted.
Hambog angrily and repeatedly shouted at Mayabang: Putang Ina mo! Mayabang,
displaying fearlessness, aggressively shouted back at Hambog: Wag kang magtapang-
tapangan dyan, papatayin kita! Without saying anything more Hambog drew his gun from
his waist and shot Mayabang in the leg. Mayabang 's wound was not life threatening.

(a) What are the kinds of aggression, and which kind was displayed in this case? Explain
your answer. (5 pts.)
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Aggression may be lawful or unlawful. There is lawful aggression when aggressive

act is done to defend one’s life, honor or property from an unlawful intruder. On the other
hand, there is unlawful aggression when there is an actual, sudden, unexpected or
imminent danger to the life or limb of another. In this instance case, the
aggression displayed by Hambog when he drew his gun and shot Mayabang is an
example of unlawful aggression. On the other hand, the aggression displayed by
Mayabang when he shouted back at Hambog “ Wag kang magtapang-tapangan dyan,
papatayin kita! is an example of a lawful aggression since he was defending his honor
from being maligned by Hambog when he uttered ‘putang-ina mo.

(c) Supposed Hambog just aimed his gun at Mayabang without shooting him. However, as
they were having an argument, the gun fired accidentally hitting the legs of Mayabang.
Can Hambog claim the exempting circumstance of accident to exonerate him from
criminal liability? (5 pts.)

No, hambog cannot claim the exempting circumstance of accident. Under the law, the requisites
to appreciate the exempting circumstance of accident presupposes that 1) the person is
performing a lawful act 2.) with due care, and 3) he causes injury to another by mere
accident, 4) without fault or intention of causing it. In the instant case, the act of
Hambog of aiming a gun at Mayabang is not a lawful act. Thus, even if he did not intent
to fire the gun, and had no fault when the gun fired, he cannot claim the exempting
circumstance of an accident. Hence, he is still criminally liable for the injuries sustained
by Mayabang.

7. Charges d'affaires Hasaman of Saudi Arabia suffers from a psychotic disorder after he
was almost assassinated in his previous assignment. One day, while shopping in a
mall, he saw a group of shoppers whom he thought were the assassins who were out
to kill him. He asked for the gun of his escort and shot ten (10) people and wounded
five (5) others before he was subdued. Complaints for multiple murder and multiple
physical injuries were filed against him. In his counter-affidavit he claimed diplomatic
immunity to exonerate him of criminal liability. Will his defense prosper? Explain. (5
pts)

It depends. If he is registered with the Department of Foreign Affairs as such, his defense
will prosper, if not then his defense will not prosper. Under the law, penal laws of the
Philippines shall apply generally to all persons who live and sojourn in the Philippines,
subject to generally accepted principles of international law. Based on generally accepted
principles of international law, ambassadors, diplomates, and other heads of states,
including charges d’ affairs are given blanket immunity. They are exempt from criminal
and civil suits for acts committed in the host country. In the instant case, Hasaman as
Charges d’affairs is entitled to immunity if he is registered as such with the DOF.

8. Differentiate crimes mala inse and mala prohibita (5 pts)

Mala inse are violations of the law which are inherently evil such as killing and stealing. On
the other hand, mala prohibita are acts which are not in themselves evil but because the
law imposes a penalty then it becomes prohibited, such as possessing firearm without a
license. Intent to commit the act is necessary in crimes mala inse, thus without intent, the
actor is not criminally liable. On the other hand, intent is not necessary in crimes mala
prohibita. Thus, good faith is not a defense.

9. a) How are felonies committed? Explain each. (5 pts.)

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Felonies are committed by mean of dolo or culpa. There is dolo or deceit when the acts
were done with criminal intent. These are known as intentional felonies. On the other
hand, felonies committed by means of culpa are those that results by reason of the actor’s
imprudence or negligence. These are known as culpable felonies.

b) What is aberratio ictus? (5 pts.)

There is aberratio ictus when a person, while performing a felony, inflicts injury to
another without intention of causing it, but such injury resulted from the lack of skill of the
person inflicting the injury. Thus, even if injuries were inflicted without any criminal intent,
criminal liability is still incurred by the person doing the act since the resulting injury is a
consequence of his unlawful act.

10.Distinguish between ex post facto law and bill of attainder. (5 pts.)

An ex post facto law is a legislation that makes an act criminal when the acts were not
yet punishable when done. On the other hand, a bill of attainder is a law that declares
guilt and imposes penalty without the benefit of trial.

11. Mang Ambo, a fisherman from his days of fishing at the West Philippine Sea, went
home earlier than usual. He proceeded immediately to their bedroom to change his
clothes. To his surprise, he found his wife Nenita in bed making love to another woman
Berta. Enraged, Mang Ambo grabbed a knife nearby and stabbed Nenita, who sustained
physical injuries.

a) If you were the judge, will you find Mang Ambo criminally liable for physical
injuries? Explain. (5 pts.)

If I were the judge, I will absolve Mang Ambo from the criminal liability based on the
absolutory cause of extraordinary circumstance. Under the law, a person legally
married, who surprises his/her spouse having carnal knowledge with another person
and inflicts physical injuries on any of them shall not incur any criminal liability. In
the instant case, Mang Ambo, having caught his wife in the act of sexual intercourse
with another person, which led him to physically injure his wife is absolved from
criminal liability. It does not matter that the person with whom his wife had sexual
intercourse is also a woman. The language of the law of “any person” includes a
man or a woman. Hence Mang Ambo shall be absolved from liability for the injuries
sustained by his wife.

b) Assuming that Mang Ambo and Nenita were common-law spouses, as lawyer of
Mang Ambo, what defenses are you going to raise to benefit your client? Explain. (5
pts.)

I will raise the mitigating circumstance of passion and obfuscation. The law provides
that the accused is entitled to the mitigating circumstance of passion and
obfuscation if he acted on an impulse that would naturally produce passion and
obfuscation, and which clouds his judgment. In the instant case, Mang Ambo
personally witnessed the act of infidelity of his wife that naturally angered him
clouding his judgment. He’s feeling of betrayal produced so much passion that he
was not able to think straight before doing the act which caused injury to his wife.
Thus, his criminal liability shall be mitigated.

12. Don and Donna were spouses. Don always came home drunk since he lost his job a
couple of months ago. Donna had gotten used to the verbal abuse from Don. One night, in
addition to the usual verbal abuse, Don beat up Donna. The next morning, Don saw the
injury that he had inflicted upon Donna and promised her that he would stop drinking and
never beat her again. However, Don did not make good on his promise. Just after one
week, he started drinking again. Donna once more endured the usual verbal abuse. Afraid
that he might beat her up again, Donna stabbed Don with a kitchen knife while he was
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passed out from imbibing too much alcohol. Donna was charged with the crime of
parricide.

a) May Donna invoke the defense of Battered Woman Syndrome to free herself from
criminal liability? Explain. (5 pts.)

No, Donna cannot invoke the Battered Woman Syndrome. Jurisprudence provides
that the Battered Woman Syndrome can be availed of as a defense if it can be shown that
the there is a cycle of violence happening between husband and wife, such that, the cycle
happened at least twice. The stages of the cycle of violence include the tension-building
phase, the acute battering incident and lastly, the tranquil and loving stage. In the instant
case, there was only one cycle of physical violence. Hence, Donna cannot be justified in
killing her husband.

b) Supposed Don raped Donna before the day she found him passed out from imbibing too
much alcohol, as lawyer for Donna what defenses will you raise to benefit your client?
Explain. (5 pts.)

I will raise the mitigating circumstance of vindication of a grave offense to mitigate

the criminal liability of Donna. The law provides that vindication of a grave offense
committed against the accused, or his/her spouse, ascendant or descendants, or brother
or sisters, or relatives by affinity in the same degree, mitigates criminal liability. In the
instant case, Don committed marital rape against Donna a day before she stabbed him.
Donna’s act of stabbing her husband is an act of vindication by reason of the grave
offense of marital rape Don committed against Donna. Thus, she is entitled to a mitigated
liability.

ALTERNATIVE ANSWER:

Donna can raise the defense of Battered Woman Syndrome since the cycle of
violence had already occurred at least twice. The act of marital rape, which is a form of
physical abuse constituted the second act of a cycle of violence perpetrated by the
husband. Hence, if Donna kills her husband after completion of two cycles of violence, she
is justified in doing so. As such, does not incur any criminal liability.

13.The Philippine Drug Enforcement Agency (PDEA) had intelligence reports about the
drug pushing activities of Elsa Droga but could not arrest her for lack of concrete
evidence. Agent Santos, a PDEA team leader, approached Boy Siga and requested him
to act as poseur-buyer of shabu and transact with Elsa Droga. Boy Siga refused,
saying that he had completely been rehabilitated and did not want to have anything to
do with drugs anymore. But he was prevailed upon to help when Agent Santos
explained that only he could help capture Elsa Droga because he used to be her
customer. Agent Santos then gave Boy Siga the marked money to be used in
buying shabu from Elsa Droga. The operation proceeded. After Boy Siga handed the
marked money to Elsa Droga in exchange for the sachets of shabu weighing 50
grams, and upon receiving the pre-arranged signal from Boy Siga, Agent Santos and
his team members barged in and arrested Elsa Droga and Boy Siga, who were both
charged with violation of R.A. 9165, otherwise known as the Comprehensive
Dangerous Drugs Act of 2002.

a) What defense, if any, may Boy Siga invoke to free himself from criminal liability?
Explain. (5 pts.)

Boy Siga can invoke the absolutory cause of instigation. There is instigation when
an officer of the law induces or lures a person to commit an illegal act which he would
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otherwise have no intention of committing. The idea of the commission of the crime came
from the officer. In the instant case, the idea of selling prohibited drug came from Agent
Santos. He was the one who induced, enticed or lured Boy Siga into selling prohibited drug
to Elsa Droga. Hence, Boy Siga shall be absolved of any criminal liability.

b) May Elsa Droga adopt as her own Boy Siga’s defense? Explain. (5 pts.)

No, Elsa cannot adopt the defense of instigation posed by Boy Siga. Elsa
Droga having been arrested by virtue of an entrapment, is criminally liable for
violation of the law. Entrapment is the employment of means and methods for the
purpose of capturing a criminal while executing his criminal plan. Unlike instigation,
entrapment does not exonerate an accused from criminal liability. In the instant
case, Elsa Droga was subject to a buy-bust operation wherein she was captured in
the act of selling prohibited drugs. Hence, she is not absolved from criminal liability.

14.Riza, a Chinese national who just visited the Philippines, purchased a ticket for a
passenger vessel bound for Indonesia. While on board the vessel, she saw her mortal
enemy Alice, also a Chinese national, seated at the back portion of the cabin and who
was busy reading a newspaper. Riza stealthily approached Alice and when she was
near her, Riza stabbed and killed Alice. The vessel is registered in Malaysia. The killing
happened just a few moments after the vessel left the port of Manila. Operatives from
the PNP Maritime Command arrested Riza. Presented for the killing of Alice, Riza
contended that she did not incur criminal liability because both she and the victim
were Chinese. She likewise argued that she could not be prosecuted in Manila because
the vessel is a Malaysian-registered ship. Discuss the merits of Riza's contentions. (5
pts.)

The contention of Riza is not correct. As a general rule, crimes and offenses
which happened within the territorial boundaries of the Philippines shall be
triable by Philippine Courts. In the instant case, the ship just left the port a
few moments when the crime was committed. Hence, the said ship is still
within the territorial boundaries of the Philippines. As such, crimes committed
therein are still cognizable by the courts of the Philippines. It does not matter
that the ship is Malaysian-registered, for as long as the ship is still within the
territorial boundaries of the country when the crime of murder was
committed, then Philippine courts may prosecute Riza for a violation of the
penal code.

BONUS: 5 POINTS
Why do you like to become a lawyer?

Prepared by: Approved:

JUDGE EILYN BEVERLY BLESS

CASTILLO-RIMANDO ATTY. HONORIO BUCCAT JR.
Professor Dean
Date: Date: