Article 4

Error in personae two peace officers were ordered to arrest X, a notorious convict and proceeding to the latters
house, saw a man sleeping with his back towards the door and fired at him. The man turned out to be Y.
Abberatio ictus X intended to kill y and shot him. The bullet, however, missed y and hit Z, xs father, instead.
Praeter Intentionem A slapped B, his wife, who fell on the ground; her head hitting a hard pavement rendering her
unconscious and thereafter dead.
X was sleeping. Some kids playing noisily on top of a tree roused him from his slumber. Angrily, he stepped out and
yelled, if you dont get down from there, I will call the police! The kids jump down from the tree, but one dies and
many are injured. Is X criminally liable?
X was sleeping. Some kids playing noisily on top of a tree roused him from his slumber. Angrily, he stepped out and
yelled, if you dont get down from there, I will call the police! The kids jump down from the tree, but one dies and
many are injured. Is X criminally liable?
A was mauled by five persons and a hollow block was dropped on him and eventually died. Are they criminally liable
for As death?
X and Y had a fight where they stabbed one another. X hacked Y in the back with a knife, resulting in a wound. After,
though, the two patched up and forgave one another. X promised to pay his debts and Y withdrew a case pending in
the court against X and Y even signed papers showing his forgiveness. Two months later, though, Y begins to feel
chills, and is rushed to the hospital. Where he dies. It is discovered that he died of tetanus poisoning. Is x liable?
A, committing suicide, jumped off a building and fell on B, who was standing on the pavement. B was killed. Is A
criminally liable?
X was escaping Y, who was trying to kill him. Believing there was no other way out, X jumped into a river with strong
currents despite not knowing how to swim. X subsequently drowned. Is Y criminally liable for Xs death?
X punched B. B fell. Suddenly, a horse trampled B, resulting in Bs death. Is X liable?
X wants to pull a practical joke on his friend, Y, and puts on a burglar mask. Y gets a heart attack from the shock. Is x
liable?
Art. 4 Paragraph 2

A wants to kill B. When A finds B, B is already dead. A feels Bs pulse to confirm this, and, frustrated that he was not
the one who killed his enemy, A shoots Bs corpse multiple times. Is he criminally liable?
A wants to kill B. A shoots B multiple times, only to find out later that B was already dead. Is he criminally liable?
A sees a check on the ground and goes to the bank to cash it in; in the bank, he discovers that the check his been
dishonored. Is A still criminally liable?
X saw his ring in Ys room. X took the ring knowing it was his. Y later on accuses him of stealing the ring. Is X guilty of
impossible crime?
Article 5
A daughter killed her father while he was sleeping because he repeatedly raped her. She was thus guilty of parricide
and should be punished with death by the court, based on the RPC, with the aggravating circumstance of treachery,
and no mitigating circumstances, as the penalty is an indivisible penalty. The judge does not want to sentence her the
maximum penalty, taking into account her predicament. Can the judge impose a different penalty?
Article 6
A bureau of Customs employee fancied the belt of a Japanese tourist. The employee took it from the luggage of the
tourist and hid it in his draw. Is the employee liable?
X, Y, Z & S conspired to kill B. X told the 3 others that he will provide the weapons. Y would monitor the movement of
B. Z would monitor the security guards. S would monitor Bs car. A policeman passes by & hears them. Can he arrest
them?
Frustrated Felonies
A is committing robbery. A enters through the open window, grabs a sack and made his way to the door. He was on the
last step of the ladder/stair out of the house when he was caught. What kind of felony did he commit?
X sells books in a bookstore. Students sometimes buy the books using checks. X pocketed a check. X was then frisked,
and the check was found in his pocket. What crime did X commit?
Attempted Felonies

X told Y, Ill buy some poison, lets kill my wife. Policeman C overhears them. X and Y bought the rat poison.
Immediately, C tries to arrest X and Y. Is this attempted parricide?
Armed men yelled at a driver in a bus and told him to stop. The bus accelerated upon knowing that the area is
abundant with hold up cases. The armed men shot at the bus. Are the armed men liable for attempted robbery?
Article 7
When x is about to fire a gun in a public place, but is stopped before he can do it, he is not criminally liable
Article 8
X Y Z and S conspire to kill B. S told the 3 others that he will provide the weapons. Y would monitor the movement of
B. Z would monitor the security guards. X would monitor Bs car. A policeman passes by & hears them. Can he arrest
them?
A and B conspired to commit a rebellion and were then caught before they could commit it. Are they liable?
A and B committed rebellion. They recruited C and D too. Can A and B be charged with conspiracy to commit rebellion?
How about C and D, who limited their acts?
A, C, D and B conspired to commit rebellion together. C and D, however, limited their acts in the end and did not
participate in the actual rebellion, which A and B committed. Can they be charged with conspiracy to commit rebellion?
What about C and D, can they be liable even if they did not push through with the commission of the rebellion?
Article 11
Par 1
Along Rockwell drive, there was a scuffle and shouting: Patayan! Ayan , may pinatay siya. A saw B, the killer,
approaching him with a bolo and bloodied torso. A shoots B. Is A criminally liable?
If B tries to rape C in a secluded place, can C kill B?
X a gay man meets Y at a nightclub. Y wants to bring X to his hotel room. X thinking that Y was rich, agrees and follows
him up; Y also implies that there would be economic consideration. In the hotel room, y tries to rape X and X refuses. X
stabs Y. Is x to be charged with homicide?

At 2 am, A was forcing open the door of Bs house. B asked, who is it? A keeps trying to open the door. B says, Ill kill
you if you come in A forces open the door, and falls to the floor. Can B shoot him and avail of a justifying
circumstance?
A and B come out of the theater. X appears and shoots A, but misses. A can then validly shoot X as he can invoke selfdefense. But if A is shot and dies, and X turns to B and says: Youre next! can B shoot X?
X husband of Y sees Y in a room with Z the latter wearing only his briefs at 2 am in the morning. X attacks Z. Is x
attack unlawful aggression?
If Z, the paramour, attacks X in return and eventually killed X, is Z criminally liable?
A and B agree to fight and engage in a fistfight. B dies. Can A invoke self-defense?
X says Buksan mo to, papatayin kita! While bagning on a door. Y shoots x through the door. Is this self-defense?
A without provocation attacks B with a knife. B was able to take the knife and stab A. Is B criminally liable?
There is a policeman with 3 prisoners, with one prisoner escaping. The one prisoner saw a spear & tried to hit the
policeman with it. The policeman was hit in the arm. The policeman shot him with a gun. Is the policeman liable for
having used a more fatal weapon under Art. 11 par. 1?
There is a policeman with 3 prisoners, with one prisoner escaping. The policeman shoots him. Is the policeman liable
Maria is the battered wife of Alex. Maria wants to kill Alex but doesnt think that she can do it, so she tells Martin, her
nephew, to do it for her. One night, after Alex beat Maria up, Maria went to Martin who lived next door & told Martin to
kill Alex for her. Martin, as an obedient nephew, shot Alex while he was asleep. Martin is definitely criminally liable. But
is Maria going to be able to invoke the Battered Woman Syndrome as a defense
Par 2
H is married to W. F is Ws father. H & W have no children. W died. After her death, F got into a fight with X. H defended
F. Is F a stranger to H by law
Par 3
A man takes a 5 year-old hostage & threatens to stab the child. The Barangay Captain shoots the man successfully.
What justifying circumstance can he invoke?
Par 4

EXAMPLE: The doctor who had to kill a fetus to save the mothers life where both could not be saved, & he is running
out of time, may invoke this defense.
However, euthanasia is not covered by this defense.
EXAMPLE: A captain of a ship caught by a storm & huge waves in his journey, who ordered the jettison of cargos
against the will of the owners to prevent the entire ship from sinking & save the passengers, can shield from criminal
liability under this provision.

Par 5
EXAMPLE: A policeman who kills an escaping prisoner after making the warning shot & shouting to him not to continue
with his escape acted in the lawful fulfillment of duty.
EXAMPLE: If A hit B with his fist inside a running passenger jeep because B snatched As watch, & as a consequence B
fell from the jeep, hit his head on the pavement & died, A acted in the lawful exercise of a right.
EXAMPLE: The one who makes the lethal injection on the death row prisoner is acting in the lawful exercise of an office.
Par 6
Scenario 1 Q: Mang Nats is the driver of the Vice Governor of Batangas. The VG called his driver up & told him to drive
him out somewhere. It turns out that Mang Nats was driving the VG out to do some illegal stuff. Can Mang Nats be held
criminally liable?
Order of arrest was issued by Ps superior for the purpose of delivering B, the persons subject of the order, to the
commanding officer who made the request that they be apprehended and arrested for a crime they committed but
because they resisted arrest, P killed B. Is B criminally liable
ARTICLE 12
Par 4
A, armed with a gun and B, who has no weapon, robbed the store; but in the course thereof, were seen by P, a
policeman who is armed with a gun. P demanded for the surrender of A and B. A then shot P but missed, so P repelled
it and in the exchange of shots, A got killed together with B and S, a stranger who was apparently the store owner. The
three got killed by P, is P liable for the death of A, B and S?
Par 5

A saw armed men kill B. A ran away but was captured, & forced by the armed men to bury B while they hit him with
the butts of his gun. Is A liable for aiding them?
Par 6
If A with a revolver says, Give me your key, or Ill kill your son! and B gives them, is he liable criminally?
Par 7
P, a policeman, who arrested a man who had just killed another in his (Ps) presence, at 6pm of Saturday in a province,
failed to file the criminal complaint against the accused. P was able to file the criminal complaint only in the morning of
the following Monday [more than 36 hrs as required by Art. 125 of the RPC]. Is he criminally liable?
Son wanted to ask money from his father, so he got out & passed to his fathers house through the open window. Does
he incur criminal liability? YES. He committed ROBBERY, not pure THIEVERY, which is not in the exceptions in Art. 332.
Article 13
Par 1
A provoked B so B attacked him. Both used knives. Is B entitled to self-defense?
Par 3
A hit his opponent B; B dies. A said he only hit B with his fist. But one witness testified that A actually looked at B as he
lay on the floor to check if B would still get up. After this, A left. Is A entitled to a mitigating circumstance?
A hit B with a nail cutter. B received a wound, which got infected. As a result, B died. Is A entitled to a mitigating
circumstance?
A tried to reconcile with B. A & B drank & reconciled. But then the two of them fought again & A choked B until B died.
Is A entitled to a mitigating circumstance?
A, who was charged with Rape with Homicide, and who admitted that My only intention was to abuse her, but when
she tried to shout I covered her mouth and choked her, and leter I found that because of that she died. Is he entitled
to a mitigating circumstance?
Husband slaps his wife who fell down her head hitting hard pavement and died as a result, can he invoke par. 7 of Art
12 as a defense?
Par 4

A killed his father-in-law who warned him to be careful because he would kill him before the end of the day after A told
his father-in-law that he can not live with his adulterous wife, whom he caught in flagrante with her paramour. Is he
entitled to a mitigating circumstance?
Par 5
A tried to reconcile with B. A & B drank & reconciled. But then the two of them fought again & A choked B until B died.
Is A entitled to a mitigating circumstance?
B the brother of A, the accused, was mauled by the C and his companions. 10 hours later, A killed the C and his
companions. Is A entitled to this mitigating circumstance?
Par 6
A & B are live-in partners. A, the woman, lived with another man for a while. B was angry, and compelled her to go
back home. A said yes, but wanted to ask the man she lived with for a while for consent. In anger, B killed A. Is there
passion or obfuscation leading to mitigating circumstances?
Par 7
X & Y are married. Y, the husband, went abroad to work to provide for their family. In the meantime, X, the wife, took in
a paramour who was a widower. Y left her, along with her son. Her parents also abandoned her. The widower had
begun maltreating her, and beating her up. In anger, X killed the widower. Can X invoke the mitigating circumstance of
passion or obfuscation?
A was hunting chickens in the forest. He saw a beautiful woman taking a bath, completely naked. He then raped him.
He claims that he is entitled to the mitigating circumstances under Art. 6.
X saw his girlfriend Y kissing Z, and beat Z up. Is X entitled to mitigating circumstances for having acted upon so
powerful an impulse?
A was a maid. Her boss told her hed be gone for a while. A & her boyfriend had sex in the Masters bedroom, & the
boss returned, discovered them & scolded her. Later, she killed the son of her employer. She said she is entitled under
Art. 13 par. 6. Is she?
F, the father, called S, his stepson, to buy spare parts of the broken chair of F. Because it took time for S to awaken, F
started shouting bad words at him who finally got up, dressed, went to the CR to brush his teeth. This further angered
F who boxed S, when S got out of the house, F followed him, and because F cant see S at once, F shot him when he
finally saw him returning to the house. Is F entitled to this mitigating circumstance?
Par 7

A man holds a young girl hostage. The police tell her not to shoot. The man said he would only surrender if he saw his
brother. His brother arrived, and the man surrendered. Is the man entitled to the mitigating circumstance under par. 7?
The police arrest a poor man. The poor man sees the mayor of his town, who is on his way to watching a movie and is
off-duty. He approaches the mayor and offers to surrender himself to the mayor. Is he entitled to the mitigating
circumstance of having voluntary surrendered to the officer in authority?
A man surrenders to a security guard. Is he entitled to the mitigating circumstance of voluntary surrender?
A, B & C are robbing a bank. The cops surround them. A, B & C got their guns and stepped out, but they saw that they
had no escape. Thus, they surrendered. Are they entitled to the mitigating circumstance of voluntary surrender?
A was committing an offense against the law and was caught. He tried to escape, but all his avenues were blocked
one side faced the sea, the other side faced the police, the other side faced police station. A decided to surrender. Is
he entitled to the mitigating circumstance of voluntary surrender?
X killed a man with the knife. The policeman approached him and said he was under arrest. He surrendered and was
not even handcuffed. Is he entitled to a mitigating circumstance?
X knew that he had a warrant of arrest pending in court for 2 years already. When he saw a bunch of police near his
house who werent actually there for him, X voluntarily surrendered for the crime for which he was going to get a
warrant for. Is he entitled to a mitigating circumstance?
X killed Y and was charged with murder. X pleaded guilty, but for homicide. But he really committed murder. Is X
entitled to the mitigating circumstance?
X killed Y and was charged with murder. X pleaded guilty, but for homicide. Thus, the proceedings continued. The
prosecution, however, could not present enough evidence to show that there was actually treachery. Is X entitled to
mitigating circumstance under par. 7?
X, who killed Y, surrendered the gun he used to authorities. Is X entitled to mitigating circumstance?
X is sentenced with 4 counts of rape committed against Y, which would sentence X to 4 reclusio perpetua. X says he
will confesses to 1 of the instances, and accept the sentence of 1 reclusio perpetua. Is this valid?
Par 8

X is completely blind. X was able to rape a woman in a small room, which he was very familiar with, by coercing her
and leading her to the room. Is he entitled to a mitigating circumstance under par. 8?
A blind committed libel/oral defamation. Is he entitled to this mitigating circumstance?
Par 9
X and Y are two bitter business rivals who reside in Forbes Park. The only daughter of X was a kleptomaniac, & stole a
piece of Juicy Fruit from Ys house. Brought to the police station, X immediately paid Y 100 pesos. In order to shame his
business rival, Y went on with the proceedings anyway. What will happen to the only daughter of X?
Par 10
X was charged with theft of a car. During the trial, he returns the car. Is he entitled to mitigating circumstance?
Husband stabs wifes paramour out of jealousy. Is he entitled to mitigating circumstance?
Article 14
A commits physical injuries against his father, F. As friend, B, helped in the execution of the crime. Can the alternative
circumstance of relationship serve to aggravate the crime committed by B?
A, B, and C conspired to kill X. On the date they planned to kill X, A stay behind at Xs garage to serve as a lookout. B
and C proceeded to the room of X and saw him sleeping. Without thinking twice, C took out his knife and stabbed X,
thereby killing him in his sleep. Can treachery be appreciated against A? against B?
Par 1
A Philippine Constabulary soldier, using a Garand rifle, killed a policeman. Can abuse of public function be considered
as aggravating?
A Congressman is very fond of Tupada, cockfighting which is only allowed n Sundays. NBI raided a Tupada ring &
arrested the Congressman. The Congressman resisted arrest. The NBI claims that there was an aggravating
circumstance under par. 1 because he resisted & said I am a Congressman! Is NBI correct?
A policeman wanted to kill your neighbor. But security guards were frisking him, taking his name & Address. Once, he
dressed in his uniform & brought his official gun. He shot He shot your neighbor. Is he liable under Art. 14 par. 1?
Par 6
X stabbed Y in the park at 9pm. However, there was a lamp post nearby which enabled a roaming security guard to
see the act. X was charged with homicide aggravated with nighttime. Proper?

X, while walking in the park at night, saw his mortal enemy, Y. In a fit of rage, he took out his knife and proceeded to
stab Y. X was charged with homicide aggravated with nighttime. Proper?
Uninhabited place
A is on board a banca, not so far away. B and C are also on board their respective banca. Suddenly, D showed up from
underwater and stabbed B. Is there aggravating circumstance of uninhabited place here?