Midterm Crim Set B

CRIMINAL LAW Book 1
SET “B”
Name: ___________________________________________________ Block: ______________ Score:

___________
1. A, B and C, after conceiving the criminal plan, got together, agreed and decided to kill D. But A, B and C failed
to carry out the plan for some reason or another. They are liable for?
a. Murder and their conspiracy is only a manner of incurring criminal liability.
b. Conspiracy to commit murder.
c. No crime committed.
2. But if A, B and C carried out their plan and personally took part in its execution, which resulted in the killing of D,
they are liable for?
a. Murder and their conspiracy is only a manner of incurring criminal liability.
b. Conspiracy to commit murder.
3. In the Supply Depot at Quezon City, the accused removed from the pile nine pieces of hospital linen and took
them to their truck where they were found by a corporal of the MP guards when they tried to pass through the
check point. The crime committed was?
a. Attempted theft
b. Frustrated theft
c. Consummated theft
4. A doctor conceived the idea of killing his wife, and to carry out his plan, he mixed arsenic with the soup of his
victim. Immediately after the victim took the poisonous food, the offender suddenly felt such a twinge of
conscience that he himself washed out the stomach of the victim and administered to her the adequate
antidote. What was the crime committed?
a. Attempted parricide
b. Frustrated parricide
c. Consummated parricide
d. Physical Injuries
The deceased entered a chapel. The chapel was lighted with electric lights, and there were already several
people inside. Then the deceased went to sit by the side of the accused and placed his hand on the upper part
of her right thigh. Accused pulled out her fan knife and with it stabbed the deceased at the base of the left side
of the neck, inflicting the mortal wound.
5.6. Was there an unlawful aggression? Explain.

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7-8. Was there a complete self-defense? Explain.

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9. A felony is __________________________ when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
10. A felony is __________________________ when all the elements necessary for its execution and
accomplishment are present.
11. A felony is _________________________ when the offender commences the commission of a felony directly
by overt act and does not perform all the acts of execution which should produce the felony by reason of some
cause or accident other than his own spontaneous desistance.
12. _________________________. Crimes that are consummated in one instant, no attempt.
13. _________________________ exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.
14. _________________________ exists when the person who has decided to commit a felony proposes its
execution to some other person or persons.
15. _________________________. Crimes with three stages of execution.
16. _________________________ are those where the act of a person is said to be in accordance with law, so that
such person is deemed not to have transgressed the law and is free from both criminal and civil liability, except
in par. 4 of Article 11, where the civil liability is borne by the persons benefited.
True or False.
17. ____________. Insulting words addressed to the accused, no matter how objectionable they may have been,
without physical assault, could not constitute unlawful aggression.
18. ____________. Slap in the face is an unlawful aggression.
19. ____________. A mere slight push on the head with the hand, not followed by other acts, constitute unlawful
aggression.
20. ____________. If A acted in defense of the husband of A’s sister-in-law, there is defense of relative.
21. ____________. A heard screams and cries for help. When A responded, he saw B attacking his (B’s) wife with
a dagger. A approached B and struggled for the possession of the weapon, in the course of which A inflicted
wounds on B. A acted in defense of a stranger.
22. ____________. During the storm, the ship which was heavily loaded with goods was in danger of sinking. The
captain of the vessel ordered art of the goods thrown overboard. In this case, there is avoidance of greater evil
or injury.
23. ____________. A surgeon who amputated the leg of a patient to save him from infection is not liable for the
crime of amputation, because he was acting in the lawful exercise of his office.
24. A and B agreed and decided to rise publicly and take arms against the government with the help of their
followers. However, they did not carry out their plan to overthrow the government. A and B are liable for?
a. Rebellion and their conspiracy is only a manner of incurring criminal liability.
b. Conspiracy to commit rebellion under Article 136 of the Revised Penal Code.
25. But if A and B and their followers did rise publicly and take arms against the government to overthrow it, thereby
succeeded in carrying their plan to overthrow the government. A and B is liable for?
a. Rebellion and their conspiracy is only a manner of incurring criminal liability.
b. Conspiracy to commit rebellion under Article 136 of the Revised Penal Code.

Midterm Crim Set B

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CRIMINAL LAW Book 1

Name: _____________________________________ Block: Score:

5.6. Was there an unlawful aggression? Explain.

7-8. Was there a complete self-defense? Explain.

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