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MIDTERM EXAMINATIONS

CRIMINAL LAW

December 4, 2022 9:00 a.m. to 12:00 noon

INSTRUCTIONS

1. This is a 3-hour examination consisting of 9 items. 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 question.

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.

4. Allocate your time efficiently. The items are in random

sequence. You may skip items and move to items that you
may find easier to answer. Use the “Flag” feature so that you
can return to the unanswered items.

5. Do not write your name, distinguishing marks or extraneous

words or phrases in any of your answers. This may be
considered cheating and may disqualify you from the entire
Bar Examinations.

6. Do not type your final answer in the notes box, which is an

optional tool. Any text written in the notes box will not be
included in your final answer.

7. Technical issues during the exam are rare, but if you

experience one, do not panic. Do not attempt to submit your
exam answers. Call the attention of your proctor for
assistance.

8. If you need to step out of the room, use the Hide Screen
feature to prevent anyone else from seeing your answers.

9. You have until 5:00 p.m. to finish the exam. Make sure you
have completed and reviewed your answers before then.
When submitting, the system will ask you one more time to
confirm if you are ready to submit your answer file, to give you
another opportunity to review your answers.
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10. Once done, show your proctor the green screen

confirming your submission. If the green screen does not
appear, check with your proctor before leaving the room.

(Note: the instructions were copied from the 2022 BAR

Examination)

Judge Mayumi M. Gorme-Amora

Criminal Law Professor

I
(10%)

A.

Blue and Yellow are police officers assigned at Maasin City

Police Station. While cleaning their respective guns in their shared
quarter, Yellow was hit by the bullet of Blue’s firearm resulting to
his death. Is Blue criminally liable?

B.

Green and White are siblings. White is living the ancestral

house of the family however Green wanted to evict him as
accordingly the house was already sold to him by his parents when
the latter was still alive. But White refused to leave believing that
the deed presented by Green was falsified. One day, he saw Green
coming to their house with something bulging in his waist.
Thinking that it was a firearm that could be used against him, he
shot Green while knocking in his door. Is White criminally liable?

C.

Because the cats of Fuschia’s neighbor were eating the food of

his dog, he shot the cats when the same entered his gate. However,
it was Pink who was hit. Is Fuschia criminally liable?

D.

Purple shot Red in his shoulder. It was not fatal however Red
died because the same did not go to the hospital for a treatment. Is
Purple criminally liable?
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II
(10%)

A.

Orange who is an American was on board the vessel Kho

Shipping going to Cebu City when he saw Indigo, another American
in the ship’s music lounge. Orange was infuriated with Indigo
because his girlfriend got married to the latter after sending
thousands of money to her. Thus, he shot Indigo in the head.

When tried for Murder in RTC Maasin City, Orange interposed

the defense that the court has no jurisdiction over his person
because he is an American as well as the victim. Is the defense
meritorious?

B.
Senator Robinhood Brown passed a law no longer punishing
the use of any dangerous drugs but instead subjecting the
“offender” to rehabilitation of 10 years. Light Blue was caught
using marijuana a day before the effectivity of the law however
Judge Tiffany Blue convicted him for the use of dangerous drugs
and imposed the appropriate penalty as accordingly, the law has no
retroactive application. Is the judge correct?

C.
Grey was fishing in Scarborough Shoal which is part of the
West Philippine Sea when he was shot to death by Black, a Chinese
Police Patrolling around the area. The Philippine Coast Guard, who
was also around the area arrested Black and charged him with
Murder in the RTC of Batangas City. He interposed a defense that
the Philippines has no jurisdiction over his person because he was
on board a Chinese Patrol Boat when he committed the crime thus
it is the People’s Republic of China who should try him. Is the
defense meritorious?

D.

Gold passed a law declaring that United Church of Christ in

the Philippines (UCCP) is a terrorist religious denomination as its
pastors are members of the CPP-NPA. Is the law valid?

III
(10)

A.
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William’s affection to his classmate in Criminal Law, Kate is so

intense that he invited her for a coffee in Ganda’s Aroma. He put a
powder in the coffee of Kate so the latter would be unconscious as
he planned to rape her. Thinking that Kate already lost her
consciousness, he carried her to the car and thereat had sexual
intercourse with the latter. However, the latter did not already
wake up and declared by the Living Hope Hospital to have died
hours already. It turned out that Kate died because she was allergy
to the powder that was put in her coffee. William was charged in
the RTC of Maasin City of Murder and Rape. He interposed the
following defenses:

1. He could not be charged of Murder because he did not have

the intention to kill Kate.
2. He could only be charge of Impossible Crime of Rape
because Kate was already dead when the felony was
consummated.

Rule on the foregoing contentions.

B.

Charles is a well-known thief in Maasin City because he has

been charged with numerous counts of said crime. He was seen to
have a requested the duplication of numerous keys in Gaisano
Metro. The following night, he was seen unlocking the main door of
the house of Camilla when he was caught by a “tanod” patrolling
the area. He was charged with Attempted Thief.

1. Is the charge, correct?

2. Would your answer be the same if what was charged was
Frustrated Thief?

C.

What are formal crimes? Enumerate at least three examples.

IV
(10%)

A.

What is the duration of the following penalties:

1. Arresto menor;
2. Reclusion perpetua
3. Prision correctional
4. Arresto mayor
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5. Prision mayor

B.

Edward was acquitted of Homicide because the witness who

saw the incident did not testify. However, to compensate the family
of the victim, the court imposed against him the cost of the
proceedings. Is the imposition, correct?

C.

Andrew pleaded guilty to the crime of Violation of PD No. 1602

for having operated a “Bingo” in Sitio Langaw, Combado, Maasin
City. He was imposed the penalty of fine in the amount of P500.00
however he does not have money to pay the same thus he moved
that he be allowed to undergo subsidiary imprisonment of one day
which the court did not approve because there was no provision
about subsidiary imprisonment in its decision. Was the ruling,
correct?

V
(15%)

A.

John Lloyd loves his girlfriend, Bea. One day, she learned the
Bea was entertaining another suitor, Dominic. As jealousy was so
overwhelming, he confronted Bea about said information. Bea
admitted that Dominic is already his boyfriend and then slapped
John Lloyd prompting the latter to kill her. During the hearing,
John Lloyd interposed the mitigating circumstances of sufficient
provocation and passion and obfuscation to be appreciated in his
favor. Decide.

B.

Would an accused who is deaf and dumb automatically be

appreciated the mitigating circumstance of physical defect upon the
commission of any crime?

C.

Gerald who just turned 9 years old struck his classmate, Julia
with a pencil in the back. He was charged with Frustrated
Homicide because the injuries sustained by Julia were fatal and
that there were circumstances showing that he acted with
discernment such as sharpening the pencil and fleeing to his
grandmother in Bato, Leyte. Was the charge, proper?
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D.

Derek who is only 17 years old likes Ellen who is his

classmate in the College of Maasin. When the teacher scheduled a
tour in the Christmas Village in Maasin City Plaza, he walked
beside Ellen and then touched the latter’s hand. Feeling
uncomfortable with the said overt act, she charged Derek with
Attempted Rape on the ground that the act is malicious and
lascivious. Derek interposed the exempting circumstance of
minority. Was the charge of Attempted Rape, proper?

E.

Without meaning anything, Janiella happened to stare into the

eye of one of four men hanging out by the stone which she passed.
Taking offense, the four mauled and robbed her of her wages.
Janiella went home, took a knife, and stabbed one of her attackers
to death. Charged with murder, what mitigating circumstance may
Janiella invoke? Explain.

VI
(10%)

BAR

A.

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
(sic) 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. 2008 BAR

B.

Delmo learned that his enemy, Oscar, was confined at the

Intensive Care Unit (ICU) of the Philippine Medical Center.
Intending to kill Oscar, Delmo disguised himself as a nurse, entered
the ICU, and saw a man lying on the hospital bed with several life-
saving tubes attached to the body. Delmo disconnected the tubes
and left. Later, the resident physician doing his rounds entered the
ICU and, seeing the disconnected tubes, replaced them. The patient
survived. It turned out that the patient was Larry, as Oscar had
been discharged from the hospital earlier.

Delmo was charged with frustrated murder, qualified by evident

premeditation and treachery as aggravating circumstances. Discuss
the propriety of the charge. 2009 BAR
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C.

Differentiate Male In Se from Mala Prohibita.

D.

Are all offenses, penalized by a Special Penal Law considered

as mala prohibita? Explain.

VII

(10%)

Isko entered a one-way street in Maasin City. He was on the

right direction however Willy who came from the other side was not.
Angered by the situation as he was in a hurry, Isko alighted from
the car and confronted Willy. Isko angrily and repeatedly shouted at
Willy: Pisti ka! Willy, displaying fearlessness, aggressively shouted
back at Isko: Ajaw isog isog diha, patyon taka ron! Without saying
anything more, Isko drew his gun from his waist and shot Willy in
the arm. Willy’s wound was not life threatening.

A.
Isko pleaded self-defense to exonerate him from liability.
Is his defense, meritorious?

B.
Can self-defense be interposed in crimes, which are not
consummated?

C.
In another date, Isko was driving along the national
highway of Matalom, Leyte when he noticed that a coming Fortuner
SUV was running in a zigzag manner and to his calculation will
bumped his car. In order to avoid the collision, he bumped a post
of LEYECO causing it to fall and hit a child. Could he interpose the
justifying circumstance of accident? Explain.

VIII

(15%)

A.

Because of the depression brought by the frequent late

departure of Kho Shipping in Maasin City, Nicole who travels a lot
was in and out of the hospital for psychiatric treatment.
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One day, she hurt a child who accordingly was trying to steal
her camera. During her prosecution for Serious Physical Injuries,
she interposed insanity as an exempting circumstance. She then
asked a certification from the hospital of her psychiatric treatment.

1.What is the relevance of the medical certificate in relation to

her defense?

2.Will her defense for insanity, prosper?

B.

While watching the lighting ceremony of the Christmas

Decoration in Maasin City Plaza, Simon took the opportunity to
steal the wallet of Nica, who is the Mayor of the city.

1. Could rank and nightime be appreciated as aggravating

circumstances?
2. What are the other aggravating circumstances that could be
appreciated in the case at bar?

C.

While watching the spectacular fireworks display in the plaza,

Bryan Boy who was drunk destroyed some of the decorations.
Would intoxication be appreciated as mitigating or aggravating
circumstance?

D.

Because he could no longer maintain his lifestyle as content

creator in different social media platforms, Rose took the jewelry of
Glenda inside the latter’s house. There was no violence neither
intimidation of person resorted by Rose in consummating the
offense. He was charged with Thief because she used the door in
entering the house. Would dwelling be appreciated in the case at
bar?

IX
(10%)

Manolo revealed to his friend Domeng his desire to kill Cece. He

likewise confided to Domeng his desire to borrow his revolver.
Domeng lent it. Manolo shot Cece in Manila with Domeng's revolver.
As his gun was used in the killing, Domeng asked Mayor Tan to
help him escape. The mayor gave Domeng P5,000.00 and told him
to proceed to Mindanao to hide. Domeng went to Mindanao. The
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mayor was later charged as an accessory to Cece's murder. 2008

BAR

A.

Can the mayor be held liable for the charge? Explain.

B.

Can the mayor be held liable for any other offense? Explain
fully.

C.

What is the nature of participation of Domeng in the crime

committed by Manolo?

D.

When could a merely accessory to the crime be charged

instead principal?

-end-