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?
2. Is malice or criminal intent an essential requisite of all crimes? Explain. May criminal intent be
presumed to exist? Discuss
3. Distinguish between crimes mala in se and crimes mala prohibita.
4. Distinguish motive from intent.
5. Mr. Carlos Gabisi, a customs guard, and Mr. Rico Yto, a private Individual, went to the office of Mr.
Diether Ocuarto, a customs broker, and represented themselves as agents of Moonglow Commercial
Trading, an Importer of children's clothes and toys. Mr. Gabisi and Mr. Yto engaged Mr. Ocuarto
to prepare and file with the Bureau of Customs the necessary Import Entry and Internal Revenue
Declaration covering Moonglow's shipment. Mr. Gabisi and Mr. Yto submitted to Mr. Ocuarto a
packing list, a commercial invoice, a bill of lading and a Sworn Import Duty Declaration which
declared the shipment as children's toys, the taxes and duties of which were computed at
P60,000.00. Mr. Ocuarto filed the aforementioned documents with the Manila International
Container Port. However, before the shipment was released, a spot check was conducted by
Customs Senior Agent James Bandido, who discovered that the contents of the van (shipment) were not
children's toys as declared in the shipping documents but 1,000 units of video cassette recorders
with taxes and duties computed at P600,000.00. A hold order and warrant of seizure and detention were
then issued by the District Collector of Customs. Further investigation showed that Moonglow is
non-existent. Consequently, Mr. Gabisi and Mr. Yto were charged with and convicted for
violation of Section 3(e) of R.A. 3019 which makes it unlawful among others, for public officers
to cause any undue Injury to any party, including the Government. In the discharge of official
functions through manifest partiality, evident bad faith or gross inexcusable negligence. In their
motion for reconsideration, the accused alleged that the decision was erroneous because the
crime was not consummated but was only at an attempted stage, and that in fact the Government did not
suffer any undue injury.
a) Is the contention of both accused correct? Explain. (3%)
b) Assuming that the attempted or frustrated stage of the violation charged is not punishable,
may the accused be nevertheless convicted for an offense punished by the Revised Penal Code under
the facts of the case? Explain.
6. During the robbery in a dwelling house, one of the culprits happened to fire his gun upward in
the ceiling without meaning to kill anyone. The owner of the house who was hiding thereat was
hit and killed as a result. The defense theorized that the killing was a mere accident and was not
perpetrated in connection with, or for purposes of, the robbery. Will you sustain the defense?
Why?
7. Luis Cruz was deeply hurt when his offer of love was rejected by his girlfriend Marivella one
afternoon when he visited her. When he left her house, he walked as if he was sleepwalking so
much so that a teenage snatcher was able to grab his cell phone and flee without being chased
 by Luis. At the next LRT station, he boarded one of the coaches bound for Baclaran. While seated, he happened
to read a newspaper lefton the seat and noticed that the headlines were about the sinking of the Super
Ferry while on its way to Cebu. He went over the list of missing passengers who were presumed dead and
came across the name of his grandfather who had raised him from childhood after he was
orphaned. He was shocked and his mind went blank for a few minutes, after which he ran amuck and, using his
balisong, started stabbing at the passengers who then scampered away, with three of them Jumping out of the
train and landing on the road below. All the three passengers died later of their injuries at the
hospital. Is Luis liable for the death of the three passengers who jumped out of the moving train? State your
reasons.
8. The conduct of wife A aroused the ire of her husband B. Incensed with anger almost beyond his control, B
could not help but inflict physical injuries on  A. Moments after B started hitting A with his fists,
A suddenly complained of severe chest pains. B, realizing that A was indeed in serious trouble,
immediately brought her to the hospital. Despite efforts to alleviate A's pains, she died of heart
attack. It turned out that she had been suffering from a lingering heart ailment. What crime, if
any, could B be held guilty of?
9. X, a domestic servant of Y has been nurturing a grudge against him for long. One day, while Y
was seated on his favorite rocking chair, X suddenly fired a volley of shots towards Y. It turned out,
however, that Y has been dead from a severe stroke an hour ago. For what crime can X be held liable?
Reasons.
10. JP, Aries and Randal planned to kill Elsa, a resident of Barangay Pula, Laurel, Batangas. They
asked the assistance of Ella, who is familiar with the place. On April 3, 1992, at about 10:00 in
the evening, JP, Aries and Randal, all armed with automatic weapons, went to Barangay Pula. Ella, being the
guide, directed her companions to the room in the house of Elsa. Whereupon, JP, Aries and Randal fired their
guns at her room. Fortunately, Elsa was not around as she attended a prayer meeting that evening in
another barangay in Laurel. JP, et al, were charged and convicted of attempted murder by the Regional Trial Court
at Tanauan, Batangas. On appeal to the Court of Appeals, all the accused ascribed to the trial court
the sole error of finding them guilty of attempted murder. If you were the ponente, how will you decide
the appeal?
11. Buddy always resented his classmate, Jun. One day. Buddy planned to kill Jun by mixing poison
in his lunch. Not knowing where he can get poison, he approached another classmate, Jerry to
whom he disclosed his evil plan. Because he himself harbored resentment towards Jun, Jerry
gave Buddy a poison, which Buddy placed on Jun's food. However, Jun did not die because,
unknown to both Buddy and Jerry, the poison was actually powdered milk.
1, What crime or crimes, if any, did Jerry and Buddy commit?
2. Suppose that, because of his severe allergy to powdered milk, Jun had to be hospitalized for
10 days for ingesting it. Would your answer to the first question be the same?

12. Carla, 4 years old, was kidnapped by Enrique, the tricycle driver paid by her parents to- bring and fetch her
to and from school. Enrique wrote a ransom note demanding P500,000.00 from Carla's parents in exchange for
Carla's freedom. Enrique sent the ransom note by mail. However, before the ransom note was received by Carla's
parents, Enrique's hideout was discovered by the police. Carla was rescued while Enrique was arrested
and incarcerated. Considering that the ransom note was not received by Carla's parents, the
investigating prosecutor merely filed a case of "Impossible Crime to Commit Kidnapping" against
Enrique. Is the prosecutor correct? Why?
13. X, a physician, wanted to kill his wife. He gave her food with poison. After eating the food, the wife
became unconscious. Bothered by his own conscience, X gave her medicine to counteract the effects of
the poison and the wife was saved. X is prosecuted for frustrated parricide. Is he guilty of the charge?
Reason.

14. X and Y had a heated altercation and then exchanged blows. X pulled out a knife and stabbed Y in the abdomen. Y ran
away but before he could reach his house was struck by lightning and died. The Fiscal filed homicide against X.
Decide.

15. Aki and Ben, while walking together, met Caloy. There was an altercation between Ben and Caloy so that
Ben chased and stabbed Caloy with a knife hitting his right arm thereby causing slight physical injury. Ben
desisted from further assaulting Caloy, but Aki lunged at Caloy and felled him this time with a bolo which
mortally wounded Caloy. Thus, he died. a) What is the criminal liability of Aki? How about that of Ben?
Explain your answers. b) Assuming conspiracy is established, will your answer in problem (a) be the
same? Explain your answer

16. 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?

17. a) In mercy killing, is the attending physician criminally liable for deliberately turning off the life
support system consequently costing the life of the patient? State reasons. b) How about in an instance
when in saving the life of the mother, the doctor sacrificed the life of the unborn child? Explain your
answer

18. As Sergio, Yoyong, Zoilo and Warlito engaged in a drinking spree at Heartthrob Disco, Special Police
Officer 3 (SPO 3) Manolo Yabang suddenly approached them, aimed his revolver at Sergio whom he recognized as a
wanted killer and fatally shot the latter. Whereupon, Yoyong, Zoilo and Warlito ganged up on Yabang.
Warlilo, using his own pistol, shot and wounded Yabang. a) What are the criminal liabilities of Yoyong,
Zoilo and Warlito for the injury to Yabang? Was there conspiracy and treachery? Explain. b) In turn, is
Yabang criminally liable for the death of Sergio?

19. X , a private citizen, saw two masked men break into a drug store across his home. He telephoned
the police to come. Without waiting for the police, he went outside his house with a pistol and tried to
intercept the thieves. He told them to stop but they did not. He fired several shots at them, wounded
them and caused their hospitalization for 20 days. May the thieves file any criminal case against X? May X
invoke the defense of the person or rights of a stranger?

20. Article 11, verbatim