Sample Questions Crim - Law

SAMPLE QUESTIONS CRIM_LAW
1. Abe, married to Liza, contracted another marriage with Connie in Singapore. Thereafter, Abe and
Connie returned to the Philippines and lived as husband and wife in the hometown of Abe in
Calamba, Laguna. 1) Can Abe be prosecuted for bigamy?
2. 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?
3. A had a grudge against F. Deciding to kill F, A and his friends, B, C, and D, armed themselves with
knives and proceeded to the house of F, taking a taxicab for the purpose. About 20 meters from
their destination, the group alighted and after instructing E, the driver, to wait, traveled on foot
to the house of F. B positioned himself at a distance as the group's lookout. C and D stood guard
outside the house. Before A could enter the house, D left the scene without the knowledge of the
others. A stealthily entered the house and stabbed F. F ran to the street but was blocked by C,
forcing him to flee towards another direction. Immediately after A had stabbed F, A also stabbed
G who was visiting F. Thereafter, A exiled from the house and, together with B and C, returned to
the waiting taxicab and motored away. G died. F survived. Who are liable for the death of G and
the physical injuries of F?
4. Vicente hacked Anacleto with a bolo but the latter was able to parry it with his hand, causing upon
him a two-inch wound on his right palm. Vicente was not able to hack Anacleto further because
three policemen arrived and threatened to shoot Vicente if he did not drop his bolo. Vicente was
accordingly charged by the police at the prosecutor's office for attempted homicide. Twenty-five
days later, while the preliminary investigation was in progress, Anacleto was rushed to the
hospital because of symptoms of tetanus infection on the two-inch wound inflicted by Vicente.
Anacleto died the following day. Can Vicente be eventually charged with homicide for the death
of Anacleto? Explain.
5. 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?
6. 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?
7. One night, Una, a young married woman, was sound asleep in her bedroom when she felt a man
on top of her. Thinking it was her husband Tito, who came home a day early from his business
trip, Una let him have sex with her. After the act, the man said, "I hope you enjoyed it as much as
I did." Not recognizing the voice, it dawned upon Lina that the man was not Tito, her husband.
Furious, Una took out Tito's gun and shot the man. Charged with homicide Una denies culpability
on the ground of defense of honor. Is her claim tenable?
8. 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?

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