University of Santo Tomas

Faculty of Civil Law

Midterm Examinations
Criminal Law I
Judge Oscar B. Pimentel (Ret.)
October 20, 2021

Instructions:
1.) Each student must secure a reliable internet connection and a suitable
place for exam taking.
2.) Read the questions carefully and answer the same in a brief, but
comprehensive and responsive manner.
3.) All students are required to log in to the Zoom link 15 minutes before the
scheduled time of the exam.
4.) You are given 2 hours (7:00-9:00PM) to answer this exam.
5.) The questionnaire will be uploaded in the Google Drive five (5) minutes
before 7:00PM
6.) The passcode for the questionnaire shall be given at exactly 7:00PM
6.) You are given an additional thirty (30) minutes to scan your answers and
upload the same through a google drive which was created by the beadle of
the respective class.
7.) All answer sheets must be submitted by 9:30PM through the said google
drive. Except for meritorious reasons, answer sheets submitted beyond
9:30PM shall be equivalent to not taking the exam.
8.) All answers shall be HANDWRITTEN on a Yellow paper, scanned, and
saved as PDF FORMAT.
File Name: (Surname, First name)
9.) DO NOT FORGET to indicate your full name and section on the upper-
left portion of every page of your answer sheet.
10.) Your Zoom cameras must be TURNED ON during the duration of the
exam. You will not be allowed to leave your place as you take the exams.
11.) Muting of videos throughout the exam is NOT ALLOWED.
1.) What are the characteristics of Criminal law? Define and explain fully.
(5pts)
2.) Diego is a senior citizen who was walking along Dimagiba Street to buy
medicine at the pharmacy. Dino, a 19-year-old man was also walking the
said street just behind Diego. After observing that Diego is already old and
frail as the latter was walking with a cane, Dino with his broad shoulders,
bumped Diego from behind. Diego fell, but immediately stood up and struck
Dino in the head using his cane. Dino fell with his head profusely bleeding
that he can barely see as his face and head was covered with his own blood.
Instead of helping Dino, a passerby named Dindo took the bag and wallet of
Dino but found nothing. When an ambulance finally arrived, it was already
too late as Dino was already dead.
The results of the autopsy showed that Dino’s cause of death was Cerebral
Hemorrhage. After thorough investigation, Diego was charged of Murder
with the aggravating circumstance of Treachery.
In his defense, Diego argued that Treachery is not present. Moreover, he
argued that old age and sufficient provocation as mitigating circumstances
are present.
A. Is treachery present? If not, what aggravating circumstance/s can
be considered if any? Discuss your answer fully. (3pts)
B. Do the mitigating circumstances of old age and sufficient
provocation present? If not, what mitigating circumstance/s can be
considered if any? Discuss your answer fully. (3pts)
C. What is the liability of Dindo? Explain fully. (4pts)
3. Tobi, Manu, and Gig are proud members of the Green Gang, a notorious
street gang known in the south of Quezon City. One night the three decided
to play billiards and drink at Camelot, a popular bar in Quezon City. Upon
arriving at the car park, the three saw Joel, Chris, and Jimmy who are
members of a rival gang called Red Riders. The two groups immediately
assaulted each other. Jasper, a stranger to both groups who was about to
board his car was also assaulted by Tobi with a knife. Nevertheless, Jasper
was quick enough to evade the thrusts of the knife and was able to go to the
other side of his car where he was able to open the same and took his
revolver from the glove compartment. When he saw Tobi running towards
him again, Jasper shot him which led to the instant death of Tobi. Jasper was
charged of Homicide. Jasper claimed self-defense to exculpate him from
liability. Is Jasper correct? Explain fully. (10pts)
4. Juanita Aban is diabetic. She is also a Municipal Treasurer of a town and
has a brother named Anjo who is seriously ill and confined in a hospital. As
no one wanted to lend her money for the hospitalization of Anjo. Juanita
took Php 150,000.00 from the vault in the Municipal Building and used the
money to pay the hospital bills of her brother and medicines for her diabetes.
Charged with Malversation or Embezzlement of Public Funds, Juanita
claimed the mitigating circumstance of lack of intention to commit so grave
a wrong as that as committed. Is Juanita Aban correct? Explain your answer.
(5pts)
5.During a fiesta in a Barangay, Pedro and Juan who live along the same
street got drunk in one of the local pubs. While in the pub, Pedro had a
quarrel with another customer named Castor. Pedro stabbed Castor in the
chest. Seeing his neighbor, Pedro assaulting Castor, Juan got a 2 x 2 piece of
wood and hit Castor on the head. Castor died due to the injuries, particularly
the stab wound he suffered from the assault. Charged with Homicide as
Principals by direct participation, Juan claims that he is only an accomplice
because the blow he made, did not materially contributed to the death of
Castor. Is Juan correct? Justify your answer. (5pts)
6. Dante Cruz and Jomar Santos are friends. Jomar works as a driver of a
delivery van. Dante asked Jomar to drive the delivery van to a subdivision
where there are no security guards at the gate. The two proceeded to a new
house in the subdivision. As the side door of the house was unlocked, Dante
was able to enter while Jomar remained in the van to wait for Dante to put
his loot outside the house. Unbeknownst to Dante, the house is equipped
with modern and state of the art security that if an unknown or unauthorized
person has entered in the house, all the doors and windows will be
automatically locked.
Dante took appliances, valuables, and artifacts and placed them near the
door. When Dante was about to open the door, the alarm system was
triggered. Dante was not able to get out and was cornered by the owner and
his sons. The police arrived and both Dante and Jomar were arrested.
Dante Cruz was charged of consummated Theft while Jomar Santos was
charged as an accomplice. Dante claimed that he is only liable for attempted
Theft while Jomar santos claimed that he is not liable for anything. Are their
claims meritorious? Explain your answers fully and exhaustively. (10pts)
7.) Explain and discuss State of Necessity or avoidance of greater evil or
injury as a justifying circumstance under the Revised Penal Code. (5pts)
8.) Atty. Jose Matalino is a practicing lawyer for over twenty years. Atty.
Matalino handles a diverse array of litigation cases involving constitutional,
civil, criminal, commercial, and environmental law. He is also a dedicated
law professor who teaches Political Law. One evening, while he was
conducting recitations in class, Jaime Dela Cruz, whom he gave a failing
grade the previous semester, suddenly entered the room and slapped Joel
Yap. Upon seeing what transpired, Atty. Matalino immediately called the
attention of Jaime and sent him to the Dean’s Office.
The prosecutor charged Jaime of the crime of Slander by Deed with the
aggravating circumstance that the crime was committed of or with insult to
public authority. Is the prosecutor correct? Explain fully. (10pts)
9.) Enumerate at least four (4) absolutory causes? Explain them fully. (5pts)
10.) What are the alternative circumstances in Criminal law? Define and
explain fully. (5pts)
11.) When is conspiracy implied and when is it express? Explain fully. (5pts)
12.) Who are accessories? Define and explain them fully. (5pts)
13.) Who are the persons criminally liable for felonies? Define and explain
fully. (5pts)
14.) What are the kinds of aggravating circumstances? Define and explain
fully. (5pts)
15.) Cardo Ramos and Tetchie are married for over 10 years. Cardo is a
fisherman. Cardo uses Cyanide to stun the tropical fish that he catches and
sells it live to a buyer. Every day, he earns Php 1500.00 to Php 2000.00 a day
but most of the money he earns goes to the KTV Bar along the beach and
gives Php 350.00 only to his wife and their two children.
Tetchie, after years of suffering, as sometimes she is battered by Cardo,
decided to kill Cardo by means of cyanide, a poison. She put one (1) teaspoon
of cyanide to the coffee of Cardo which is enough to kill a man. Cardo drank
the coffee with cyanide before going to sea. Tetchie waited for the news of
Cardo’s death, but to her complete surprise Cardo arrived in the afternoon
with plenty of catch.
As Tetchie told a friend what she did, and her friend told Cardo, a case of
frustrated Parricide was filed against Tetchie. In her defense, Tetchie argued
that she should be charged of Impossible Crime under the Revised Penal
Code. Is Tetchie correct? Explain fully. (10pts)