CRIMINAL LAW 1

San Beda College Alabang – School of Law

FINAL EXAM
Atty. Ma. Karla Denise M. Frias

Instructions: Answer each question completely. Cite appropriate

provisions and jurisprudence. An answer without any legal basis will
merit no points.

Answer the questions sequentially. An answer to every number/letter

must be on a separate page. Observe proper margins. Should you wish to
make an erasure, it should be made by drawing a horizontal line over the
word(s)/sentence(s) sought to be erased. If you seek to erase an entire
paragraph/page, draw a diagonal line across the paragraph/page.

Use your best judgment. FAILURE TO FOLLOW INSTRUCTIONS SHALL

MERIT THE APPROPRIATE DEDUCTIONS.

1. On 20 November 2019, Jack decided that he would gain access

into Jill’s house and steals her diamond jewelry. On 21 November
2019, Jack went to Ace Hardware to purchase a drill and other
tools to ensure that he had everything he needed to steal Jill’s
jewelry. On 22 November 2019, Jack went to Jill’s house. Seeing
that the door was locked, Jack went through an open window was
able to enter. Once inside, he went straight to the vault, took out
the jewelry and exited through the door. Jack was prosecuted for
robbery, a crime punishable by Reclusion Temporal. What penalty
should be imposed upon Jack? Explain. (10 points)

2. Jia and Rex have been mortal enemies ever since they could
remember. One night, while proctoring the Criminal Law Exam
together, Rex looked at Jia from head to foot and said, “Tsss, what
a loser.”. Jia, feeling irritated looked at Rex and tapped his nose
and said, “No, you’re the loser.” Rex, his eyes widening in
astonishment at what Jia did, then proceeded to punch Jia’s face
which caused the latter to bump into Val, who just so happened to
be flirting with the wall since he was in love with it. As a result of
Jia’s bumping into Val, Val fell to the floor, hit his head and died.
Discuss the respective criminal liabilities. (10 points)

3. In a judgment of conviction for the crime of alteration of

boundaries, Paco was ordered to pay a fine of Php40,000. When it
was time to pay for the said fine, Paco was unable to because he
did not have the money to pay the same. He was then made to
suffer subsidiary imprisonment. Was it proper to have made Paco
suffer subsidiary imprisonment? Explain. (10 points)

4. When is a crime attempted, frustrated and consummated? (10

points)

5. Silva borrowed Dice’s gun, saying that he would use it to kill

Nimbus. Because Dice also resented Nimbus, he readily lent his
gun, but told Silva "Please return the gun to me immediately after
you kill Nimbus". Later, Silva killed Nimbus, but used a knife
because he did not want Nimbus’s neighbors to hear the gunshot.
What are the respective liabilities of Silva and Dice, if any? Explain
(10 points)

6. JM, in a fit of rage, killed AJ on an alley at midnight, on 2

November 1980. Ricky witnessed the entire incident, but he was so
 scared to tell the authorities about it. On 4 November 2000, Ricky,
bothered by his conscience, reported the matter to the police. After
investigation, the police finally arrested JM on 15 December 2000.
Charged in court, JM claims that the crime she committed had
already prescribed. Is JM’s contention correct? Explain. (10 points)

7. In a conviction for illegal possession of drugs under R.A. 9165

(Dangerous Drugs Act of 2002), the prescribed penalty of which is
imprisonment for a term of twelve (12) years and one (1) day to
twenty (20) years? What would be the appropriate indeterminate
sentence? Explain (10 points)

8. Michael committed homicide in 2005. The crime is punishable by

reclusion temporal. After voluntarily surrendering and confessing
guilt in open court, Michael was convicted of attempted murder.
Would he be eligible for probation under Presidential Decree (PD)
968, considering that the death penalty is imposable for the
consummated felony? Explain.

9. What is a habitual delinquent? (10 points)

10. Romeo was having an affair with his maid Juliet.

Unfortunately, Juliet fell in love with Shylock who was Romeo’s
driver. Realizing that she could not bear to live without Shylock,
Juliet told Romeo that she was breaking things off. Clouded by
anger and jealousy, Romeo stabbed Juliet to death while she was
cooking sinigang. The following day, Romeo was found catatonic
inside his bedroom. He was brought to the National Center for
Mental Health (NCMH) where he was diagnosed to be mentally
unstable. Charged with murder, Romeo pleaded insanity as a
defense. Will Romeo’s defense prosper? (10 points)

-Nothing Follows-