MIDTERM EXAM

MULTIPLE CHOICE QUESTIONS

1. The failure to perform a positive duty which one is bound to.
a. negligence
c. omission

b. imprudence
d. act

2. An alternative circumstance.
a. insanity
b. intoxication
c. passion or obfuscation d. evident premeditation
3. Ignorance of the law excuses no one from compliance therewith.
a. ignorantia legis non excusat
b. parens patriae
c. res ipsa loquitur d. dura lex sed lex
4. An act which would be an offense against persons or property were if not for the inherent
impossibility of its accomplishment.
a. omission b. impossible crime
c. culpa d. felony
5. One who is deprived completely of reason or discernment and freedom of the will at the time
of the commission of the crime.
a. discernment
b. insanity
c. epilepsy
d. imbecility
ESSAY
1.

A hit B with his fist inside a running jeepney because B was snatching his (A's)
watch. B fell from the jeepney and hit his head on the pavement causing his (B's)
death. Is A liable? Why?

2. A, armed with a 9mm caliber pistol, and B, who has no weapon robbed a store. In
the course of the robbery, they were seen by policeman C who was armed with a
38 caliber revolver. C demanded that A and B surrender but A instead fired at C
and missed. C returned the shot and in the exchange, A and B were killed so with
the store-owner X. It was found that the three were killed by 38 caliber bullets
fired from C's gun. Is C liable for the death of A, B, and X? Why?
3. A and B lived as husband and wife for several years. B, the woman, helped A in
their daily lives by selling vegetables in the public market. A subsequently fell in
love with a younger woman, X, and left B. One day, B saw A and X walking. She
became jealous and rushed to A and stabbed him. B was prosecuted for homicide
and was convicted, B claimed on appeal that she be credited with the mitigating
circumstance of passion and obfuscation. Is B correct? Why?

4. Marlon, envious of his brother Jerome, planned to kill the latter by poison.
Pursuant to his plan, he purchased a poisonous substance from the drugstore. He
put the substance in his brother's coffee the following morning. Unknown to him,
however, the store clerk mistakenly gave him powdered milk instead of poison;
hence
his
brother
did
not
die.
a.)
What
crime,
if
any,
did
Marlon
commit?
b.) Suppose that, because of his acute lactose intolerance, Jerome suffered from
severe diarrhea and had to be hospitalized for 10 days for ingesting the coffee
with powdered milk. Would your answer to the first question be the same?