The document contains a criminal law review quiz with 6 multiple choice questions testing knowledge of elements of frustrated felony, appropriate charges for a described crime, distinction between mala in se and mala prohibita crimes, application of self-defense, appreciation of voluntary surrender as a mitigating circumstance, and whether treachery can be established when a warning shot was fired. It provides the questions, answers, and brief justifications for the answers regarding various aspects of Philippine criminal law.
The document contains a criminal law review quiz with 6 multiple choice questions testing knowledge of elements of frustrated felony, appropriate charges for a described crime, distinction between mala in se and mala prohibita crimes, application of self-defense, appreciation of voluntary surrender as a mitigating circumstance, and whether treachery can be established when a warning shot was fired. It provides the questions, answers, and brief justifications for the answers regarding various aspects of Philippine criminal law.
The document contains a criminal law review quiz with 6 multiple choice questions testing knowledge of elements of frustrated felony, appropriate charges for a described crime, distinction between mala in se and mala prohibita crimes, application of self-defense, appreciation of voluntary surrender as a mitigating circumstance, and whether treachery can be established when a warning shot was fired. It provides the questions, answers, and brief justifications for the answers regarding various aspects of Philippine criminal law.
The document contains a criminal law review quiz with 6 multiple choice questions testing knowledge of elements of frustrated felony, appropriate charges for a described crime, distinction between mala in se and mala prohibita crimes, application of self-defense, appreciation of voluntary surrender as a mitigating circumstance, and whether treachery can be established when a warning shot was fired. It provides the questions, answers, and brief justifications for the answers regarding various aspects of Philippine criminal law.
Manila Law College 1st Sem 2020-21 Prof: Pros. Ma. Julpha Maningas Sept. 11, 2020 Group 1
1. Enumerate the elements of a frustrated felony (10 points).
The following are elements of frustrated felony:
1. That the accused has passed the subjective phase and is now in the objective phase, or that portion in the commission of the crime where the accused has performed the last act necessary to produce the intended crime and where he has no more control over the results of his acts. 2. The non-production of the crime should not be due to the acts of the accused himself, for if it were he would be liable not for the frustrated stage of the intended crime, but possibly for another offense.
2. On July 1, 2020, Ara was on her way home on board a passenger
jeepney driven by her husband Brando. As she and her daughter were alighting from the jeepney, Ara heard two successive gunshots. At the time she heard the sound fo the first gunshot, she was helping her daughter get off the jeepney but she was able to get a glimpse of her husband lying face down on the steering wheel of the jeepney. She heard another gunshot and immediately took cover embracing their daughter. She felt that she had also been hit by gunfire. A few seconds later, Ara stood up and saw Mario carrying a gun about two feet long. She was then approximately 7 meters away from Mario, whom she recognized because of the light coming from the jeepney’s headlights and a street post. She cried out to her son Teddy, shouting that her husband Brando had been shot by Mario. Teddy came out of their house, embraced her and noticed that she was also hit because she had blood on her back. Ara lost consciousness but regained her bearings soon enough. She was then taken to UST hospital and was treated there for one day. What crime or crimes did Mario commit against Ara? (Justify) 10 points.
The crime that Mario committed was attempted homicide.
In attempted phase of homicide the accused commences the
commission of a felonious act directly by overt acts but does not perform all the acts of execution due to some cause or accident other than his own spontaneous desistance.
Here, the wound of Ara is not fatal but the overt act of homicide is present although Mario did not perform all his act of execution. Hence, Mario committed attempted homicide.
3. Distinguish crimes MALA IN SE from crimes MALA PROHIBITA ( 5
points).
Mala in se are evil in nature while mala prohibutum are not but because there is only a law that punishes it.
Mala in se are crimes in Revised Penal Code while mala Prohibitum are in Special Laws.
There is intent in Mala in se while intent is absence in Mala
Prohibitum.
4. At 11:00 p.m. on January 1, 2020, Lemuel was outside his house
located inside Amari Compound, resting and taking some fresh air. While he was u front of the house, Lemuel saw Manuel drunk and walking in a zigzag manner to the door of Lemuel’s house. Manuel knocked at the said door three times, cursing and calling Noli to go downstairs and have fight with him. Noli woke up and went downstairs. As Noli approached Manuel, the latter suddenly stabbed Noli with a fan knife. Noli evaded the thrust. When Manuel made another thrust, Noli caught Manuel’s hand with the knife and twisted it towards his stomach. Manuel’s body was stabbed. Thereafter, Noli ran to his sister’s house located nearby and reported to her what had just happened. Then Noli was arrested. Can Noli invoke self-defense? (10 points).
Yes, there is unlawful aggression, reasonable necessity of means to
repeat or prevent it and there is lack of provocation on the part of him.
The act of Manuel is an act of unlawful aggression at the same time
the reasonable means Noli applied is equal to the knife/ weapon that Manuel has and there was no provocation on his part.
Hence, the complete defense of self-defense can be invoked by Noli.
5. How is voluntary surrender appreciated as a mitigating circumstance?
(5 points).
In Voluntary Surrender, the offender must had not been actually arrested; the surrender was made to a person in authority or the latter’s agent; and Surrender was voluntary and unconditional
6. Pepito, a PNP member, fired a shot in the air and pointed the barrel of the gun and shot the victim Rocio three times. May the qualifying circumstance of treachery be appreciated since a warning shot was fired? Explain ( 10 points).
No, in treachery the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended part might make. The fact that there was a warning shots, the victim heard it and he has an opportunity to run and evade the shot.
