BOOK 1

1. Charlie hated his classmate, Brad, because the latter was assiduously courting Lily,
Charlie’s girlfriend. Charlie went to a veterinarian and asked for some poison on the pretext
that it would be used to kill a very sick, old dog. Actually, Charlie intended to use the poison
on Brad. The veterinarian mistakenly gave Charlie a non-toxic powder which, when mixed
with Brad’s food, did not kill Brad. Did Charlie commit any crime? If so, what and why? If not,
why not?

2. Jack and Jill have been married for seven years. One night, Jack came home drunk.
Finding no food on the table, Jack started hitting Jill only to apologize the following day. A
week later, the same episode occurred – Jack came home drunk and started hitting Jill.
Fearing for her life, Jill left and stayed with her sister. To woo Jill back, Jack sent her floral
arrangements of spotted lilies and confectioneries. Two days later, Jill returned home and
decided to give Jack another chance. After several days, however, Jack again came home
drunk. The following day, he was found dead. Jill was charged with parricide but raised the
defense of "battered woman syndrome."

a. What is battered Wife Syndrome?

b. Would the defense prosper despite the absence of any of the elements for
justifying circumstances of self-defense under the Revised Penal Code? Explain.

3. Edgardo induced his friend Vicente, in consideration of money, to kidnap a girl he is

courting so that he may succeed in raping her and eventually making her accede to marry
him. Vicente asked for more money which Edgardo failed to put up. Angered because
Edgardo did not put up the money he required, he reported Edgardo to the police.

a. What are the Stages of Execution of a crime? Explain each.

b. May Edgardo be charged with attempted kidnapping?

4. Rodolfo, a policeman, was cleaning his service pistol inside his house when it fell from his
hand and fired. The bullet hit a neighbor on the stomach and a second neighbor on the leg.
The injuries sustained by the two neighbors required thirty-five (35) days and nine (9) days
of medical attendance, respectively. The investigating fiscal later filed an information for
frustrated homicide and slight physical injuries through reckless imprudence against
Rodolfo.

a. Is the charge correct? Explain.

b. Differentiate complex crimes from special complex crime.

5. Mr. Red was drinking with his buddies, Mr. White and Mr. Blue when he saw Mr.
Green with his former girlfriend, Ms. Yellow. Already drunk, Mr. Red declared in a loud voice
that if he could not have Ms. Yellow, no one can. He then proceeded to the men’s room but
told Mr. White and Mr. Blue to take care of Mr. Green. Mr. Blue and Mr. White asked Mr. Red
what he meant but Mr. Red simply said, "You already know what I want," and then left. Mr.
Blue and Mr. White proceeded to kill Mr. Green and hurt Ms. Yellow.

(a) What, if any, are the respective liabilities of Mr. Red, Mr. White and Mr. Blue for
the death of Mr. Green?
(b) What, if any, are the respective liabilities of Mr. Red, Mr. White and Mr. Blue for
the injuries of Ms. Yellow?
 BOOK 2

1. Pia, a bold actress living on top floor of a plush condominium in Makati City sunbathed
naked at its penthouse every Sunday morning. She was unaware that the business
executives holding office at the adjoining tall buildings reported to office every Sunday
morning and, with the use of powerful binoculars, kept on gazing at her while she
sunbathed. Eventually, her sunbathing became the talk of the town.
(a) What crime, if any, did Pia commit? Explain.
(b) What crime, if any, did the business executives commit? Explain.

2. During a PNP buy-bust operation, Cao Shih was arrested for selling 20 grams of
methamphetamine hydrochloride (shabu) to a poseur-buyer. Cao Shih, through an
intermediary, paid Patrick, the Evidence Custodian of the PNP Forensic Chemistry Section,
the amount of P500, 000 in consideration for the destruction by Patrick of the drug. Patrick
managed to destroy the drug.
State with reasons whether Patrick committed the following crimes:
(a) Direct bribery
(b) Indirect bribery

3. Braulio invited Lulu, his 11-year old stepdaughter, inside the master bedroom. He pulled
out a knife and threatened her with harm unless she submitted to his desires. He was
touching her chest and sex organ when his wife caught him in the act.
The prosecutor is unsure whether to charge Braulio for acts of lasciviousness under
Art. 336 of the RPC, for lascivious conduct under RA 7610 (Special Protection against Child
Abuse, Exploitation, and Discrimination Act); or for rape under Art. 266-A of the RPC. What is
the crime committed? Explain.

4. A, brother of B, with the intention of having a night out with his friends, took the coconut
shell which is being used by B as a bank for his coins from inside their locked cabinet using
their common key. Forthwith, A broke the coconut shell outside of their home in the
presence of his friends.
(a) What is the criminal liability of A, if any? Explain.
(b) Is A exempted from criminal liability under Article 332 of the Revised Penal Code
for being a brother of B? Explain.

5. A, a married woman, had sexual intercourse with a man who was not her husband. The
man did not know she was married. What crime, if any, did each of them commit? Why?
CRIMINAL PROCEDURES

1. As Cicero was walking down a dark alley one midnight, he saw an "owner-type jeepney"
approaching him. Sensing that the occupants of the vehicle were up to no good, he darted
into a corner and ran. The occupants of the vehicle − elements from the Western Police
District − gave chase and apprehended him. The police apprehended Cicero, frisked him and
found a sachet of 0.09 gram of shabu tucked in his waist and a Swiss knife in his secret
pocket, and detained him thereafter. Is the arrest and body-search legal? Why?

2. An information for murder was filed against Rapido. The RTC judge, after personally
evaluating the prosecutor's resolution, documents and parties' affidavits submitted by the
prosecutor, found probable cause and issued a warrant of arrest. Rapido's lawyer examined
the rollo of the case and found that it only contained the copy of the information, the
submissions of the prosecutor and a copy of the warrant of arrest. Immediately, Rapido's
counsel filed a motion to quash the arrest warrant for being void, citing as grounds:
1. The judge before issuing the warrant did not personally conduct a searching
examination of the prosecution witnesses in violation of his client's constitutionally-
mandated rights;
2. There was no prior order finding probable cause before the judge issued the
arrest warrant.

May the warrant of arrest be quashed on the grounds cited by Rapido's counsel?
State your reason for each ground.

3. A was charged with murder in the lower court. His Petition for Bail was denied after a
summary hearing on the ground that the prosecution had established a strong evidence of
guilt. No Motion for Reconsideration was filed from the denial of the Petition for Bail. During
the reception of the evidence of the accused, the accused reiterated his petition for bail on
the ground that the witnesses so far presented by the accused had shown that no qualifying
aggravating circumstance attended the killing. The court denied the petition on the grounds
that it had already ruled that: (i) the evidence of guilt is strong; (ii) the resolution for the
Petition for Bail is solely based on the evidence presented by the prosecution; and (iii) no
Motion for Reconsideration was filed from the denial of the Petition for Bail.
a. If you are the Judge, how will you resolve the incident?

a. If you are the Judge, how will you resolve the incident?
b. Suppose the accused is convicted of the crime of homicide and the accused filed a
Notice of Appeal, is he entitled to bail?

4. D was charged with theft of an article worth P15, 000.00. Upon being arraigned, he
pleaded not guilty to the offense charged. Thereafter, before trial commenced, he asked the
court to allow him to change his plea of not guilty to a plea of guilty but only to estafa
involving P5, 000.00. Can the court allow D to change his plea? Why?
5. A search warrant was issued for the purpose of looking for unlicensed firearms in the
house of Ass-asin, a notorious gun for hire. When the police served the warrant, they also
sought the assistance of barangay tanods who were assigned to look at other portions of
the premises around the house. In a nipa hut thirty (30) meters away from the house of Ass-
asin, a Barangay tanod came upon a kilo of marijuana that was wrapped in newsprint. He
took it and this was later used by the authorities to charge Ass-asin with illegal possession of
marijuana. Ass-asin objected to the introduction of such evidence claiming that it was
illegally seized. Is the objection of Ass-asin valid? Why?
EVIDENCE

1. The barangay captain reported to the police that X was illegally keeping in his house in the
barangay an Armalite M16 rifle. On the strength of that information, the police conducted a
search of the house of X and indeed found said rifle. The police raiders seized the rifle and
brought X to the police station. During the investigation, he voluntarily signed a Sworn
Statement that he was possessing said rifle without license or authority to possess, and a
Waiver of Right to Counsel, individually rule on the admissibility in evidence of the:
a. rifle
b. Sworn Statement
c. Waiver of right to Counsel

2. Distinguish Burden of proof and burden of evidence.

3. At the trial of Ace for violation of the Dangerous Drugs Act, the prosecution offers in
evidence a photocopy of the marked P100.00 bills used in the “buy-bust” operation. Ace
objects to the introduction of the photocopy on the ground that the Best Evidence Rule
prohibits the introduction of secondary evidence in lieu of the original.
a. Is the photocopy real (object) evidence or documentary evidence? Why?
b. Is the photocopy admissible in evidence? Why?

4. Ody sued spouses Cesar and Baby for a sum of money and damages. At the trial, Ody
called Baby as his first witness. Baby objected, joined by Cesar, on the ground that she may
not be compelled to testify against her husband. Ody insisted and contended that after all,
she would just be questioned about a conference they had with the barangay captain, a
matter which is not confidential in nature. The trial court ruled in favor of Ody. Was the
ruling proper? Will you answer be the same if the matters to be testified on were known to
Baby or acquired by her prior to her marriage to Cesar? Explain.

5. Romeo is sued for damages for injuries suffered by the plaintiff in a vehicular accident.
Julieta, a witness in court, testifies that Romeo told her (Julieta) that he (Romeo) heard
Antonio, a witness to the accident, give an excited account of the accident immediately after
its occurrence. Is Julieta’s testimony admissible against Romeo over proper and timely
objection? Why?