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CRIM Law Quiz

The document contains 6 multiple choice questions about criminal law scenarios involving murder, voluntary surrender, privileged mitigating circumstances, relationship by affinity as an absolutory cause, and qualifying circumstances for murder.

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Azka Ace
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89 views1 page

CRIM Law Quiz

The document contains 6 multiple choice questions about criminal law scenarios involving murder, voluntary surrender, privileged mitigating circumstances, relationship by affinity as an absolutory cause, and qualifying circumstances for murder.

Uploaded by

Azka Ace
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CRIMINAL LAW QUIZ

1. FF and his two (2) sons positioned themselves outside the house of the victim. The two
(2} sons stood by the stairs in front of the house, while the father waited at the back. The
victim jumped out of the window and was met by FF who instantly hacked him. The
two (2) sons joined hacking the victim to death. They voluntarily surrendered to the
police. What are the attendant circumstances? How will the attendant circumstances be
properly appreciated?

2. Jojo and Felipa are husband and wife. Believing that his work as a lawyer is sufficient to
provide for the needs of their family, Jojo convinced Felipa to be a stay-at- home mom
and care for their children. One day, Jojo arrived home earlier than usual and caught
Felipa in the act of having sexual intercourse with their female nanny, Alma, in their
matrimonial bed. In a fit of rage, Jojo retrieved his revolver from inside the bedroom
cabinet and shot Alma, immediately killing her.

Is Art. 247 (Death or physical injuries inflicted under exceptional circumstances) of the
RPC applicable in this case given that the paramour was of the same gender as the
erring spouse?

3. A killed M. After the killing, A went to the Barangay Chairman of the place of incident
to seek protection against the retaliation of M's relatives. May voluntary surrender be
appreciated as a mitigating circumstance in favor of A? Explain briefly

4. a) What is a privileged mitigating circumstance? b) Distinguish a privileged mitigating


circumstance from an ordinary mitigating circumstance as to reduction of penalty and
offsetting against aggravating circumstance/s.

5. The wife of AAA predeceased his mother- in-law. AAA was accused of defrauding his
mother-in-law under a criminal information for estafa, but the actual recital of facts of
the offense charged therein, if proven, would constitute not only the crime of estafa, but
also falsification of public document as a necessary means for committing estafa. AAA
invokes the absolutory cause of relationship by affinity. Which statement is most
accurate?

6. Pedro, a police officer on AWOL (absent without leave), was threatened by Juan, a
defeated presidential candidate in the national elections, that Pedro’s live-in partner
would be killed if he does not kill two men on board any motor vehicle with “DUH-30”
sticker on its windshield. Soon thereafter, while scouring the city streets on board a
motorcycle for five consecutive nights, Pedro finally saw one which he had tailed. When
the target car stopped on a red signal at an intersection, Pedro got off from his
motorbike, approached the car and with an automatic pistol, peppered the same with
bullets. As a result, sisters Petra and Pedrita, and their four-year old niece Jane were
killed.

Prosecuted for three (3) counts of Murder, Pedro was convicted thereof whereby the
following qualifying/aggravating circumstances alleged in the Information where
appreciated against him, namely: (a) abuse of superior strength, (b) treachery, (c)
evident premeditation, (d) by means of motor vehicle, (e) disregard of sex, (f) nighttime,
and (g) abuse of public position.

Which of the following qualifying/aggravating circumstance(s) was/were erroneously


appreciated?

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