1. Q. Distinguish between crimes mala in se and crimes mala prohibita. May an act be malum in se and be, at the same time, malum prohib

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2. Q. While the crew of a steamer prepared to raise anchor at the Pasig River, A, evidently impatient with the progress of work, began to use abusive language against the men. B, one of the members of the crew, remonstrated saying that they could work best if they were not insulted. A took B’s attitude as a display of insubordination and, rising in a rage, moved towards B wielding a big knife and threatening to stab B. At the instant when A was only a few feet from B, the latter, apparently believing himself to be in great and immediate peril, threw himself into the water, disappeared beneath the surface, and drowned.

May A be held criminally liable for the death of B?

3.Q. The accused and the victim occupied adjacent apartments, each being a separate dwelling unit of one big house. The accused suspected his wife of having an illicit relation with the victim. One afternoon, he saw the victim and his wife together on board a vehicle. In the evening of that day, the accused went to bed early and tried to sleep, but being so annoyed over the suspected relation between his wife and the victim, he could not sleep. Later in the night, he resolved to kill the victim. He rose from bed and took hold of a knife. He entered the apartment of the victim through an unlocked window. Inside, he saw the victim soundly asleep. He thereupon stabbed the victim, inflicting several wounds, which caused his death within a few hours.

Would you say that the killing was attended by the qualifying or aggravating circumstances of evident premeditation, treachery, nighttime and unlawful entry?

4. Q. A had a grudge against F. Deciding to kill F, A and his friends, B, C, and D, armed themselves with knives and proceeded to the house of F, taking a taxicab for the purpose. About 20 meters from their destination, the group alighted and after instructing E, the driver, to wait, traveled on foot to the house of F. B positioned himself at a distance as the group’s lookout. C and D stood guard outside the house. Before A could enter the house, D left the scene without the knowledge of the others. A stealthily entered the house and stabbed F. F ran to the street but was blocked by C, forcing him to flee towards another direction. Immediately after A had stabbed F, A also stabbed G who was visiting F. Thereafter, A exited from the house and, together with B and C, returned to the waiting taxicab and motored away.

G died, F survived.

5. Q. After killing the victim, the accused absconded. He succeeded in eluding the police until he surfaced and surrendered to the authorities about two years later. Charged with murder, he pleaded not guilty but, after the prosecution had presented two witnesses implicating him to the crime, he changed his plea to that of guilty.

Should the mitigating circumstances of voluntary surrender and plea of guilty be considered in favor of the accused?

6.Q. A and B pleaded guilty to the crime of parricide. The court found three mitigating circumstances, namely, plea of guilty, lack of instruction and lack of intent to commit so grave a wrong as that committed. The prescribed penalty for parricide is reclusion perpetua to death.

Impose the proper principal penalty.

Q. 77A was convicted of the complex crime of estafa through falsification of public document. Since the amount involved did not exceed P200.00, the penalty prescribed by law for estafa is arresto mayor in its medium and maximum periods. The penalty prescribed by law for falsification of public document is prision mayor plus fine not to exceed P5,000.00.

Impose the proper prison penalty.

10.Q. (a) What do you understand by the so-called heinous crimes?

(b) What are the instances when the death penalty could not be imposed, although it should otherwise ordinarily be meted out?

10.Q. (a) What do you understand by the so-called heinous crimes?

(b) What are the instances when the death penalty could not be imposed, although it should otherwise ordinarily be meted out?