Mid Term Examination 14 July 2014

Prof. E.G. Sandoval

I.

A and B robbed the store of S. A was armed with a real gun and B carried a toy gun only. P, a
policeman who was informed of the robbery, proceeded to the scene, and after firing his gun
upwards as a warning shot, demanded the surrender of A and B.

A immediately shot P who repelled the attack. P fired in the direction of A and B. In the course of the
exchange of fire shots, A and B were killed. S, the victim of the robbery, was also hit.

Is P criminally liable for the killing of A? How about of B?

Is he also liable for the death of S, assuming he was the one who hit him in the course of the fire
shots? Reason out.

II.

A. Explain the meaning of complex crime in criminal law. illustrate by way of example.
B. Enumerate three (3) exempting circumstances and three (3) mitigating circumstances.

III.

X, conferring with A, B, and C, convinced the three (3) to rob the grocery of G, his rival in business,
offering Php100,000.00 each. At first, A, B, and C refused but when X increased the offer to
Php200,000.00 each, the trio agreed.

After robbing the grocery, A, B, and C came running out but D, suspecting a robbery was committed,
left the place immediately. A, B, and C took a taxi but the taxi driver refused to take them unless he
would be given Php10,000.00, telling them, “Malaki naman ang nakuha ninyo sa hold-up”.

Who are the principals, accessories, and accomplices? Explain.

IV.

A. Enumerate the seven (7) modes of totally extinguishing criminal liability.

B. Who are disqualified to avail of the benefits of Probation Law?

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Mid Term Examination 14 July 2014
Prof. E.G. Sandoval

V.

W, wife of H, received a text from H that he would be coming late that evening. W locked all doors
of their house and slept.

After several hours of sleeping, W felt that somebody entered her room and tried to have sex with
her. W, believing that it was her husband (who has a duplicate keys to all rooms), although still half-
asleep, allowed him.

After the act, W heard him saying, “Ok ka pala sa sex”. W, realizing that it was not her husband but
her neighbor N who had sexual intercourse with her, got her gun under her pillow and shot him to
death.

Can W successfully invoke self-defense? Reason out.

VI.

A. May the aggravating circumstance of Evident premeditation be considered in case of a mistaken

victim? How about Treachery? Explain.
B. W, a buttered wife, killed H, her husband, after the latter subjected her to another round of
battery. H fell asleep and W stabbed him to death.
Can W invoke self-defense? Why?
Can W be held criminally liable? Why? How about civilly? Why?