MOCK EXAM for CRIMINAL LAW 1

Taken from Previous Bar Exams

1. After drinking one (1) case of San Miguel beer and taking two plates of "pulutan",
Binoy, a Filipino seaman, stabbed to death Sio My, a Singaporean seaman, aboard
M/V "Princess of the Pacific", an overseas vessel which was sailing in the South China
Sea. The vessel, although Panamanian registered, is owned by Lucio Sy, a rich
Filipino businessman. When M/V "Princess of the Pacific" reached a Philippine Port at
Cebu City, the Captain of the vessel turned over the assailant Binoy to the Philippine
authorities. An information for homicide was filed against Binoy in the Regional Trial
Court of Cebu City. He moved to quash the information for lack of jurisdiction. If you
were the Judge, will you grant the motion? Why? (5)

2. 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? (5%)

3. Sunshine, a beauteous "colegiala" but a shoplifter, went to the Ever Department

Store and proceeded to the women's wear section. The saleslady was of the
impression that she brought to the fitting room three (3) pieces of swimsuits of
different colors. When she came out of the fitting room, she returned only two (2]
pieces to the clothes rack. The saleslady became suspicious and alerted the store
detective. Sunshine was stopped by the detective before she could leave the store
and brought to the office of the store manager. The detective and the manager
searched her and found her wearing the third swimsuit under her blouse and pants.
Was the theft of the swimsuit consummated, frustrated or attempted? Explain. (5%)

4. 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? Why? (3%)
Discuss the attendant circumstances and effects thereof. (2%)
5. Lucresia, a store owner, was robbed of her bracelet in her home. The following day,
at about 5 o'clock in the afternoon, a neighbor, 22-year old Jun-Jun, who had an
unsavory reputation, came to her store to buy bottles of beer. Lucresia noticed her
bracelet wound around the right arm of Jun-Jun. As soon as the latter left, Lucresia
went to a nearby police station and sought the help of a policeman on duty, Pat.
Willie Reyes. He went with Lucresia to the house of Jun-Jun to confront the latter.
Pat. Reyes introduced himself as a policeman and tried to get hold of Jun-Jun who
resisted and ran away. Pat. Reyes chased him and fired two warning shots in the air.
Jun-Jun continued to run and when he was about 7 meters away, Pat, Reyes shot
him in the right leg. Jun-Jun was hit and he fell down but he crawled towards a
fence, intending to pass through an opening underneath. When Pat. Reyes was about
5 meters away, he fired another shot at Jun-Jun hitting him at the right lower hip.
Pat. Reyes brought Jun-Jun to the hospital, but because of profuse bleeding, he
eventually died. Pat Reyes was subsequently charged with homicide. During the trial,
Pat Reyes raised the defense, by way of exoneration, that he acted in the fulfillment
of a duty. Is the defense tenable? Explain. (3%)

6. Rico, a member of the Alpha Rho fraternity, was killed by Pocholo, a member of the
rival group, Sigma Phi Omega. Pocholo was prosecuted for homicide before the
Regional Trial Court in Binan, Laguna. During the trial, the prosecution was able to
prove that the killing was committed by means of poison in consideration of a
promise or reward and with cruelty. If you were the Judge, with what crime will you
convict Pocholo? Explain. (2%)

7. What is an impossible crime? (2%) Is an impossible crime really a crime? (2%)

8. When A arrived home, he found B raping his daughter. Upon seeing A, B ran away. A
took his gun and shot B, killing him. Charged with homicide, A claimed he acted in
defense of his daughter's honor. Is A correct? If not, can A claim the benefit of any
mitigating circumstance or circumstances? (3%)

9. A chanced upon three men who were attacking B with fist blows. C, one of the men,
was about to stab B with a knife. Not knowing that B was actually the aggressor
because he had earlier challenged the three men to a fight, A shot C as the latter
was about to stab B. May A invoke the defense of a stranger as a justifying
circumstance in his favor? Why? (2%)

10. 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. Will AA's defense prosper?
Reason briefly. (5%)
11. OZ and YO were both courting their co-employee, SUE. Because of their bitter
rivalry, OZ decided to get rid of YO by poisoning him. OZ poured a substance into
YO's coffee thinking it was arsenic. It turned out that the substance was white sugar
substitute known as Equal. Nothing happened to YO after he drank the coffee. What
criminal liability did OZ incur, if any? Explain briefly. (5%)

12. Francis and Joan were sweethearts, but their parents had objected to their
relationship because they were first cousins. They forged a pact in writing to commit
suicide. The agreement was shoot each other in the head which they did. Joan died.
Due to medical assistance, Francis survived. Is Francis criminally liable for the death
of Joan? Explain. (5%)

13. While his wife was on a 2-year scholarship abroad, Romeo was having an affair with
his maid Dulcinea. Realizing that the affair was going nowhere, Dulcinea told Romeo
that she was going back to the province to marry her childhood sweetheart. Clouded
by anger and jealousy, Romeo strangled Dulcinea to death while she was sleeping in
the maid’s quarters. The following day, Romeo was found catatonic inside the maid’s
quarters. He was brought to the National Center for Mental Health (NCMH) where he
was diagnosed to be mentally unstable. Charged with murder, Romeo pleases
insanity as a defense. Will Romeo’s defense prosper? Explain. (2%)