CRIM PRACTICE QUESTIONS FOR FINALS
1. Gabby and Gizelle, are well known movie stars. They got married in Australia, while both have subsisting marriages that
have not been annulled or dissolved. At the time of their marriage they were already separated-in-fact from their
respective spouses for several years. Their respective spouses left Gabby and Gizelle for each other years earlier and
have been living together as husband and wife in the United States.
Gabby and Gizelle are both charged for Bigamy for having contracted a second marriage while their first marriage is still
subsisting. What possible defense's could you raise for the Gabby and Gizelle? Explain.
2. Distinguish legal impossibility of crimes from factual impossibility.
3. Art. 355 of the Revised Penal Code punishes the crime of libel by means of writing or other similar means by prision
correccional in its minimum and medium periods or a fine ranging from P200 to P6,000 or both.
Sec. 4(c)(4) of R.A. No. 10175 (Cybercrime Prevention Act of 2012) punishes libel as defined in Art. 355 of the Revised
Penal Code if committed through a computer system.
Explain whether or not criminal intent is necessary to be established in the prosecution of a violation of Sec. 4(c)(4) of
R.A. No. 10175
4. How are felonies under the Revised Penal Code classified according to the means or manner they are committed and
distinguish them?
5. A and his son, B, were having a drinking spree in their house. The two got into an argument after A forbade B from
leaving and going to Payatas, Quezon City. In the middle of their argument, B threw a glass at A and said "Putang ina
niyo!" A stood up, picked a knife from the table and stabbed B several times on the body and on the head. B died. A
surrendered to the barangay chairman who brought him to the police.
What mitigating circumstances is A entitled to?
6. What does civil interdiction consist of?
7. Distinguish between conspiracy and proposal.
8. Who has the burden of proof to show that the accused is entitled to the exempting circumstance of minority under R.A.
No. 9344?
9. What is the duration of a penalty? What is its period? What is degree in relation to penalties?
10. During a drinking session, Max the neighborhood thug and ex-convic state of extreme drunkenness boastfully admits to
Rex that he was responsible for unsolved rape and killing of Anna, a young girl in their village a few months back
thought that Max was just joking until Max shows him a lock of hair taken from the girl a "selfie" with the dead body of
Anna. A year later Max is arrested for the rape and mu of another girl and his cellphone is found with the "selfie" of Anna
dead. The authori learned that Rex knew of the dastardly deed of Max all along. When questioned Rex admits to the
authorities that Max did reveal to him that he raped and killed Anna. The police a believe that Max may even be
responsible for other unsolved rapes and homicides in the arr The prosecutor is of the firm belief that had Rex come
forward with the information earlier the second rape and murder, and the offenses that Max is probably responsible for
could hav been prevented. Can the police also charge Rex as an accessory? Explain.
11. When is minority a mitigating circumstance instead of an exempting circumstance? Explain.
12. Distinguish intent to commit the crime from intent to perpetrate the act. When is intent to perpetrate the act punishable?
When are intent and the act inseparable?
13. What are the elements or requisites of dolo or malice? Explain each.
14. Intending to kill B against whom he had a long-standing grudge, A waited until nighttime to set B's hut on fire. It turned
out that B did not go home that night. What crime did A commit? What aggravating circumstances, if any, attended the
commission of the crime?
15. When is there a complex crime? When is a penalty considered complex?
16. Jose is 30 years old but has been under the constant care ofhis parents because he has the mental level of a 8 year old
child. Left to play on his own one day. Jose rapes the neighbors 6 year old daughter with whom he was playing. Jose is
charged with rape. Because according to the prosecution. it was committed by Jose in a lucid interval. You are the judge.
What offense. if any, did Jose commit and how should he be dealt with? Explain.
17. Finding the door of A's house unlocked, B entered the house and hid himself inside the closet. At about midnight, he
stepped out of the closet and finding A sleeping in bed, B raped A after which he left her unconscious. B took A's
cellphone, laptop, pieces of jewelry and cash. Unable to open the front door because it was padlocked, B broke the
window through which exited from the house. Explain B's criminal liability and the attendant aggravating circumstances,
if any.
18. Distinguish the following from each other: a) recidivism, b) reiteracion, c) habitual delinquency, and d) quasi-recidivism. e)
What are the effects of each of them?
19. Dodo stabbed Bong with an ice pick. Bong was brought to the nearest hospital where an emergency surgery had to be
performed on him by the doctor then available who was a new and inexperienced one. The operation was scemed to be
successful and Bong was recovering. On the Sth day while still in the hospital. he goes into a seizure and dies due to an
embolism which was caused by the emergency operation he underwent. Dodo is charged with homicide, but claims he
can only be charged for the offense of frustrated homicide because the resulting death was not his fault but that of the
inexperienced doctor. Is he correct? Explain.
20. Distinguish classical and positivist theories of criminal law.
21. X was accused of murder for the death of Z. Y allegedly saw X together with five (5) other accused stab and hack Z to
death. The autopsy report revealed that Z succumbed to five (5) fatal wounds that could have been caused by one or
more bladed weapons. Y could not ascertain who among the six (6) accused did the stabbing and/or hacking and what
particular weapon was used by each of them. If you were the trial judge, will you convict X for the death of Z? Explain.
22. Edgar while sleeping dreamt that there was an intruder in his room. He suddenly got up, got his gun and started
shooting at the intruder in his dream, which in reality was his wife coming out from the bedroom toilet. Is Edgar
criminally liable for the death of his wife, Explain.
23. Distinguish the French and English rules on jurisdiction over crimes committed on board foreign merchant vessels
24. Distinguish the classical theory from the positivist theory of criminal law. Under which theory does the Revised Penal
Code fall?
25. Three months into their marriage Gerry and Cristina started to have money problems. Gerry started drinking and
gambling causing a lot of verbal fights between the two. One night Gerry arrived very drunk. Cristina started to scold
and shout at him and for the first time Gerry slapped her several times and pushed her causing her to fall and hit her
head on the floor Thereafter they had numerous other verbal shouting matches, without Gerry laying a hand on her. One
day when Gerry lost his job and came home drunk, Cristina started to shout at Gerry and pound on Gerry with her fists,
pushing him until he fell on the kitchen floor. When he got up Gerry was so mad that he started to move towards
Cristina with his hands raised ready to box her. Cristina moved back and told him not to come near her. Gerry still went
towards Cristina who got hold of a knife on the table and as Gerry was nearing her, she stabbed him in the stomach.
Gerry dies as a result of the stab wound. Cristina is charged for parricide. You are Cristina's counsel. What possible
defense or defenses can you raise on her behalf to free her from criminal and civil liability? Explain your answer fully.
26. X and Y engaged in a heated argument. X then repeatedly hit Y with his fists but desisted from further inflicting physical
injuries on Y and walked away from the latter. Y picked up a steel pipe and hit X on the back of his head causing X to fall
to the ground unconscious. X never regained consciousness and died. If you were the public prosecutor, what
aggravating circumstances, if any, will you allege in the criminal information against Y for the death of X?
27. X was prosecuted and convicted by the Municipal Trial Court for violation of a municipal ordinance prohibiting the sale of
liquor after 7:00 p.m. The Regional Trial Court affirmed his conviction. While the case was pending appeal before the
Court of Appeals, the municipal council passed another ordinance amending the prior ordinance by moving the ban to
9:00 pm. What is the effect, if any, of the amendatory ordinance on X's appeal?
28. Bobby who was 16 years old told Karen, a neighbor's 10 year old daughter, that her mother asked him to fetch her after
school. Karen's mother never asked Bobby to fetch Karen. It was all a ruse by Bobby to be able to bring Karen to a grassy
and empty lot and rape her. Is Bobby criminally liable? Explain.
29. X and Y engaged in a heated argument. X then repeatedly hit Y with his fists but desisted from further inflicting physical
injuries on Y and walked away from the latter. Y picked up a steel pipe and hit X on the back of his head causing X to fall
to the ground unconscious. X never regained consciousness and died. If you were the counsel for Y, what defense will
you raise?
30. A and B went deer hunting in the mountains of Oriental Mindoro. Upon seeing some movements in the bushes, A
hastened to move into a crouching position ready to fire his rifle but in the process he tripped upon a fallen tree trunk and
at which moment his rifle went off. It turned out that it was B who caused the movements in the bushes and who was
fatally hit by the bullet from A's rifle. Determine whether or not A is criminally liable for B's death. Will it matter if A fired
his rifle towards the direction of the bushes thinking that it was a deer behind them? Explain.
31. A stranger is caught by a Barangay Patrol placing a makeshift ladder to enter into the window of a house at midnight. He
is charged for the crime of frustrated robbery. a. What is an indeterminate offense? b. Is the charge for frustrated robbery
correct? Explain.
32. X and Y engaged in a heated argument. X then repeatedly hit Y with his fists but desisted from further inflicting physical
injuries on Y and walked away from the latter. Y picked up a steel pipe and hit X on the back of his head causing X to fall
to the ground unconscious. X never regained consciousness and died. If you were the judge, how will you decide the
case?
33. Upon learning that his OFW wife was having an affair with another man in Riyadh, Saudi Arabia, X became very
despondent. During a fit of uncontrolled jealously and extreme rage, X killed their 2-year old son. He professed inability
to recall events immediately before and after the killing of his son. Explain whether or not X is entitled to the exempting
circumstance of insanity.
34. Manolo revealed to his brother, Domeng. his desire to rob Cece's jewelry store. A week later Manolo robbed Cece's
jewelry shop. Manolo's partner in the robbery, Diego, was arrested when he tried to sell some of the stolen jewelry and
pointed to Manolo. Before Manolo went into hiding, he gave Domeng a diamond ring which was part of the loot. Manolo
then asked his other brother. who is a mayor to help him escape. The mayor gave Manolo P5,000 and told him to
proceed to Mindanao to hide but was arrested by the police there. Domeng was charged as an accessory for robbery. a.
Is the charge against Domeng correct? Explain. What is the criminal liability, if any, of the brother who is a mayor?
Explain.
35. When are light felonies punishable?
36. X, Y and Z engaged in a drinking spree. In the course thereof, X poked a knife at Y and ordered him to lie on the ground. X
then ordered Z to tie Y. While Y was lying on the ground, X ordered Z to stab Y. Out of fear of being stabbed by X who at
that time was poking a knife at Z's breast, Z stabbed Y once at the back, thereby causing Y's death. What circumstances,
if any, would affect Z's criminal liability? Explain.
37. Mon and Ben went out hunting for wild boar. While in the forest, Mon and Ben saw the tall grass move and heard snorts
that sounded like a wild boar. Mon immediately shot at the grass to kill the wild boar. It turned out however that it was
Jojo behind the tall grass. who was making a snorting sound because he was having a difficult time defecating. Mon is
charged for simple homicide. Mon raises the defense of accident. How would you rule? Explain.
38. What requisites must concur in felonies committed with dolo?
39. The trial court convicted X of rape. Pending his appeal, X died. Explain the effect of X's death on his criminal and civil
liabilities.
40. Mario planned to kill Ben and waited for him in a dark alley which Ben passed every night at 7:00 PM on his way home.
At exactly 7:00 PM Mario saw Ben in the alley and pulled the trigger of the gun. The gun however failed to fire due to a
defect in the bullet. Instead of pulling the trigger again which would have certainly caused the death of Ben, Mario's
conscience suddenly bothers him and he instead runs away. Mario is charged with frustrated murder. Mario raises the
defense of impossible crime. You are the judge: Is the charge against Mario correct? Explain. Is his defense valid? Explain.
41. Distinguish mistake of fact from error in personae
42. X and Y were guests in a hotel. X confided to Y that he had a grudge against the owner of the hotel and that he was
going to set the hotel on fire to get even with its owner. Y stood outside the hotel as X began to set it on fire. X and Y
were later charged with arson, X as principal and Y as accomplice. Explain the criminal liability of Y, if any.
43. One dark rainy night A was carefully navigating his car on a blind curve on narrow mountain road when he suddenly he
is confronted by speeding "six-by-six" truck on his lane. If he swerves to the left he would fall into over the cliff. If he
swerves to the right he would hit a man on a bicycle and kill him. He chooses the latter, and killed the man. Is A liable for
his voluntary act? Explain.
44. X, Y and Z engaged in a drinking spree. In the course thereof, X poked a knife at Y and ordered him to lie on the ground. X
then ordered Z to tie Y. While Y was lying on the ground, X ordered Z to stab Y. Out of fear of being stabbed by X who at
that time was poking a knife at Z's breast, Z stabbed Y once at the back, thereby causing Y's death. What circumstances,
if any, would affect Z's criminal liability? Explain
45. B killed C who was the unlawful aggressor. B did not give sufficient provocation to C but the means employed by B to
defend himself was not reasonable. B later voluntarily surrendered to police authorities. The penalty for homicide is
reclusion temporal. What is the proper indeterminate sentence under the circumstances?
46. X was diagnosed with a sleeping disorder known as somnambulism. In one such episode, he dreamed that he was being
attacked by Y after calling the latter the son of a who*e. To ward off Y's attack, X stabbed Y with a knife. When X awoke
from his sleep, he saw Y on the floor with a fatal stab wound on the chest. Explain X's criminal liability, if any.
47. Jose an office mate of Josie was invited by her to stay the night at her house after he brought her home from working
overtime. While Josie was sleeping Jose went into the room of Josie's parents, who were abroad, and took a pair of
diamond earrings. What circumstance affecting criminal liability of Jose may be appreciated by the court if Jose is
charged with theft? Explain.
48. X was accused of murder for the death of Z. Y allegedly saw X together with five (5) other accused stab and hack Z to
death. The autopsy report revealed that Z succumbed to five (5) fatal wounds that could have been caused by one or
more bladed weapons. Y could not ascertain who among the six (6) accused did the stabbing and/or hacking and what
particular weapon was used by each of them. If you were the trial judge, will you convict X for the death of Z? Explain.
49. Distinguish aberratio ictus from error in personae.
50. A & B after months of planning used an armored car they stole to be able to enter the building of a bank. Because of the
use of the armored car the guards who were unable to react and thus were successful in robbing the bank. What
circumstance affecting criminal liability may be appreciated by the court in the commission of the offense? Explain.
51. A and B went deer hunting in the mountains of Oriental Mindoro. Upon seeing some movements in the bushes, A
hastened to move into a crouching position ready to fire his rifle but in the process he tripped upon a fallen tree trunk and
at which moment his rifle went off. It turned out that it was B who caused the movements in the bushes and who was
fatally hit by the bullet from A's rifle. Determine whether or not A is criminally liable for B's death. Will it matter if A fired
his rifle towards the direction of the bushes thinking that it was a deer behind them? Explain.
52. What is an impossible crime?
53. For several nights, Eleanor had sexual intercourse with her lover in her bedroom while her husband was abroad on
business. Eleanor's lover happens to be her husband's best friend and business partner. Charged with adultery, what
circumstance may be appreciated that would affect the criminal liability of the Eleanor and her lover?
54. X was diagnosed with a sleeping disorder known as somnambulism. In one such episode, he dreamed that he was being
attacked by Y after calling the latter the son of a *****. To ward off Y's attack, X stabbed Y with a knife. When X awoke
from his sleep, he saw Y on the floor with a fatal stab wound on the chest. Explain X's criminal liability, if any
55. What is the penalty for an impossible crime?
56. While in the bank, one of the masked robbers forced the female bank tellers to perform fellatio on him in the view of
other bank employees. What circumstance affecting criminal liability may be appreciated by the court in the commission
of the offense? Explain.
57. The charter of the Philippine Charity Sweepstakes Office prohibits the sale by any person who, without being a duly
authorized agent of the PCSO, sells its sweepstakes tickets. C was arrested for selling sweepstakes tickets for a lottery
that he organized during a town fiesta. He was prosecuted for violating the PCSO charter. If you were the counsel for C,
what defense will you raise?
58. What is the rationale behind the rule penalizing the commission of an impossible crime
59. The bank robbers then disarmed one of the guards and hog-tied him. On their way out after getting the money a robber
shoots the hog-tied guard. What circumstance affecting criminal liability may be appreciated by the court in the
commission of the offense?
60. Explain whether or not the issuance of a check as guarantee and as part of a security arrangement a defense in a
prosecution for violation of B.P. Blg. 22 or the Bouncing Checks Law
61. When do the following penalties prescribe:
a) reclusion perpetua
b) reclusion temporal
c) prision mayor
d) prision correccional
e) arresto mayor
f) arresto menor
62. Tony and Josie, the wife of George, have been having an affair. One day Josie told Tony that they can no longer see each
other because George is beginning to suspect she is having an affair. Josie however tells Tony that she will continue to
pray that God will end her marriage with George, so they can get married. Not wanting to lose Josie, Tony then talks to
Ace a policeman and his very close friend to ask him to kill George and offers him P100,000.00 for the job. Ace then talks
to Adam, a known underworld assassin to do the killing. Ace however borrows the gun of Pepe which is used by Adam
to Kill George. What are the respective liabilities of Tony, Josie, Ace, Adam and Pepe for the killing of George? Explain.
63. Differentiate dolo from mala in se
Give examples of dolo and mala in se
64. Mama stole a piece of pandesal from the bakery worth Php5.00 because she was very hungry and she did not have any
money to buy food.
Mama went home but upon seeing her sick 18 year old son Alpha, she gave the pandesal to the latter. Alpha knew that
his mother (Mama) stole the pandesal but nevertheless ate it because he was so hungry.
Mama was prosecuted as a principal in the crime of theft under Article 309, paragraph 8 of the RPC.
What is the criminal liability of Alpha, if any? Explain. [10 points]
65. One night Roel went to he house of Berrand took away his valuables. Then he immediately proceeded to Dindo's house
and robbed it of his computer. He next went to Alice's house and took all her jewelry. He then went to Ronnie's house
whore he found nothing valuable to take but instead raped Maria, Ronnies's daughter. All the robberies and rape were
done one after the other in one night. What is the concept of a continuing crime? Explain. How many offenses should
Roel be charged with? Why? Explain.
66. Harry had long standing grudge against Adolf for having been the cause of his break-up with his long standing girlfriend.
At one time he even threatened to kill Adolf and proceeded to attack the latter but was pacified by mutual friends.
Several months after this incident Harry attended a party where he saw Adolf and stabbed him. Adolf died due to the
injury he sustained. The prosecutor filed a case of murder qualified by evident premeditation. Would you sustain the
prosecutor? Explain.
67. Alpha, with intent to kill, fired his pistol at Bravo but missed. Before firing again, Alpha realized that killing is wrong and
left Bravo alone. Alpha was captured later on for the attempted murder of Bravo but claims he should not have any
liability as his spontaneous desistance (an absolutory cause) clears him of any criminal liability. Do you agree? Explain.
68. Joseph kills his three enemies by shooting them while they were sitting and drinking beer using an automatic rifle that
causes it to fire several bullets with just one pull at the trigger. Joseph is charged for three separate homicides. His
lawyer claims Joseph should be charged for only one offense of homicide. You are the judge, rule on the lawyer's claim.
Explain. If Joseph had used a grenade, would you answer be different? Explain.
69. Johnny was sentenced successively in several criminal cases as follows:
a. Homicide - Prision Mayor in its maximum period to Reclusion temporal maximum
b. Homicide - Prision Mayor Medium to Reclusion Temporal Maximum
c. Kidnapping with ransom - Reclusion Perpetua
d. Frustrated Homicide -Arresto Mayor in its medium period to Prision Correccional maximum
e. Robbery - Arresto menor medium period to Prision correccional medium period.
Assuming that the above penalties are valid and proper for the offenses committed by Johnny, how many years must
Johnny serve as his sentence for all the above offenses. Why? Explain
70. For Slight physical injuries, Rodel was imposed a penalty of arresto menor and to be served by him in his residence. Is
this proper penalty of arresto menor? Why or why not? Explain.
71. Leonard killed his girlfriend. Gigi. The Killing was secretly witnessed by James, a neighbor. Everybody else thought that
Gigi. who has no relatives, simply left for abroad. Twenty three years passed since the killing at which time James died
but left a letter addressed to the authorities detailing what he saw and where the body of the James girlfriend was
buried in the backyard of Roger's house. The fiscal dismisses the complaint filed by the police for murder on the claim of
Roger that the crime has prescribed. Is the fiscal correct? Explain.
72. A was granted pardon for killing his wife. B was granted amnesty for his being a rebel. Who among the two can
certainly run for public office? Explain.
73. Can an offense or crime be committed without criminal intent? Explain your answer
74. The accused was charged for the shooting the victim in the back. Two witnesses of the prosecution positively identified
the accused as the person who shot the victim. The prosecution however, was never able to prove that the accused and
the victim knew each other. The accused aside from the defense of alibi, daims that he is innocent because he never
knew the victim and therefore had no motive whatsoever to kill the victim. If you are the judge, how would you rule on
the validity of absence of motive as a defense of the accused?
75. Differentiate wheel conspiracy from chain conspiracy
76. Alpha, Bravo and Charlie were walking along the street when they saw Delta sitting in front-of a sari-sari store. Alpha,
Bravo and Charlie rushed to Delta, ther( Alpha and Betz) took turns in stabbing and killing Delta.
Echo, who was on his way to the sari-sari store, saw the killing of Delta. Coincidentally, Echo hates Delta because the
latter used to bully him when they were in high school.
Charlie saw Echo as the latter was approaching the sari-sari store, prompting Charlie to shout “May tao! Tara na, takbo!”
then Alpha, Bravo and Charlie all ran away from the crime scene.
As Echo was left alone with the corpse of Delta, Echo strangled Delta with his bare hands for about 5 minutes.
a. What is the criminal liability of Charlie for the death of Delta, if any?
b. What is the liability of Echo, if any?
c. Is there a conspiracy in this case? If there is a conspiracy, identify the conspirators and explain. If there is no
conspiracy, please explain.
