Activity 1: Identification/Definition/Explanation (Reflective Writing)

Directions: Identify and define the principle involved in the given situation and determine the
persons involved in the crime and the criminal liability of the accused. Submit your work in the
pigeon boxes which are provided in your department/college, or to google class on or before the
date as reflected in in your study schedule. See Rubric in Reflective Writing on page 72. You
may access the rubric in the classwork.

Situation 1: Pedro sees Jose rushing rapidly toward him with a gun in his hand and violent menaces
against his life as he advances. Pedro who has a knife in his hand stabbed Jose at the instant the gun is
discharged of which Jose died. It turns out it is a water toy gun.

Situation 2: Jack threatened to burn the house of Diego should the latter not kill his father and Diego
killed his father for fear that Jack might burn his (Diego) house.

w Situation 3: A truck driven by Harry was passing a slow moving road roller when a boy about 10 years of
age jumped from the step of the side board of the road roller directly in front of the truck and was
knocked down, ran over and instantly killed.

Situation 4: A heavy laden ship met a storm. In order to save the passengers, cargoes, the crew and the
ship itself, the captain ordered the cargoes thrown overboard or jettison.

Scene Persons involved Circumstance present in the Explain the principle as to the
No. in the crime scenario criminal liability of the accused
(victim/accused) (Identify the circumstance)
1 Jose the victim The circumstance present in the There is a self-defense in the
Pedro the accused scenario was Self-Defense since scenario because according to the
there was a reasonable necessity statement that Pedro proceeded to
of the means employed to prevent stabbed a knife to Jose he could
or repel on the execution. himself from getting hurt from gun
of Jose the turns out to be a water
toy gun. Pedro is not liable to the
crime homicide since his actions
were justified.
2 Diego’s father the The circumstance present in the In this scenario state of necessity
victim scenario was state of necessity was being presented because
Diego the accused since there was an act being there was a clash between Diego
executed that causes damage to and Jack, and there’ll be no other
another. practical and less harmful means of
preventing it that’s why Diego killed
his father. The accused was
acquitted from any criminal liability
since his actions were justified but
civil liability may arise from the
given situation.
3 10 years old boy is This scenario shows the In this scenario it shows that
the victim circumstances of accident since accident happened since the action
Harry the truck it happened outside the will of the being executed is outside the will of
driver who is the accused. the accused, he doesn’t want to
accused hurt or harm the 10 year old boy.
Since accident is under the
exempting circumstances then this
means that the accused committed
a crime but is not criminally liable.
 There is a crime that happened,
and there is civil liability but no
criminal liability.
4 The captain of the In this scenario it shows a In this scenario it shows that
ship is the circumstance of fulfillment of fulfillment of duty was being
accused and the duty since the officer is decided executed. Since the captain only
cargoes being to make a decision to fulfill his did what is good for everyone, he
thrown away duty. only did his responsibility to save
overboard are the his passengers and crew. He is not
victims liable to any crime because his
actions were being justified. The
offense committed is the necessary
consequence of the due
performance of such right or office
(Art. 11, Par. 5).