CRIMINAL LAW BAR QUESTIONS AND SUGGESTED ANSWERS 1. Exempti Exempting ng Circum Circumt!n t!nce ce"" C#$er!g C#$er!ge e %&'''( %&'''( 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 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. What criminal liability of A, if any? Eplain !"#$ %s A eempted from criminal liability under Article ""& of the 'evised (enal )ode for being a brother of B? Eplain !&#$ Suggete) An*er+ a$ A is crimin criminally ally liable liable for for 'obbery 'obbery with with force upon upon things things* * b$ +o, A is is not eempt from criminal criminal liability liability under under Art. ""& becaus because e said Article Article only to theft, swindling or malicious mischief. ere, the crime committed is robbery. &. Exempting" Exempting" Min#rit," Min#rit," 11 11 ,r #-)" #-)" Aence Aence #/ Dicernment Dicernment %&'''( While they were standing in line awaiting their vaccination at the school clinic, (omping repeatedly pulled the ponytail of -atreena, his years, & months and " days old classmate in /rade 0 at the 1ampaloc Elementary 1chool. %rritated, -atreena turned around and swung at (omping with a ballpen. 2he top of the ball pen hit the right eye of (omping which bled profusely. 'eali3ing what she had caused, -atreena immediately helped (omping. (omping. When W hen investigated, investigated, she freely admitted to the school principal that she was responsible for the in4ury to (omping5s eye. After the incident, she eecuted a statement admitting her culpability. 6ue to the in4ury, (omping lost his right eye. a$ %s -atre -atreena ena criminall criminally y liable? liable? Why? Why? !"#$ !"#$ b$ 6iscuss the attendant attendant circumstances circumstances and effects thereof. !&#$ Suggete) !n*er 7 +o, -atreena is not criminally liable although she is civilly liable. Being a minor less than fifteen !0$ years old although over nine !!$ years of age, she is generally eempt from crimin criminal al liabil liability ity.. 2he 2he ece ecepti ption on is where where the the prosec prosecuti ution on prove proved d that that the act act was was committe committed d with with discernm discernment. ent. 2he burden burden is upon upon the prosecution prosecution to prove prove that that the accused acted with discernment. 2he 2he pres presum umpt ptio ion n is that that such such mino minorr acte acted d with withou outt disc discer ernm nmen ent, t, and and this this is strengthened by the fact that -atreena only reacted with a ballpen which she must be using in a class class at the time, time, and and only only to stop stop (ompi (omping ng5s 5s vea veatio tious us act of repeatedly pulling her ponytail. %n other words, the in4ury was accidental. a$ 2he attend attendant ant circums circumstanc tances es which which may be consider considered ed are7 1. 8inority of the accused as an eempting circumstance under Art. &, par ", '(), where she shall be eempt from criminal liability, unless it was proved that she acted with discernment. 1he is however civilly liable9 &. %f found criminally, liable, the minority of the accused as a privileged mitigating circumstance. circumstance. A discretionary discretionary penalty lower by at least two !&$ degrees than that prescribed for thew crime committed shall be imposed in accordance with Art. :;, par. par. '(). '(). 2he sentence sentence however however,, should should automat automatical ically ly de suspend suspended ed in accordance with 1ection 0!a$ of the '.A. ;":< otherwise known as the =Family )ourts Act of <<>. 0. uti/, uti/,ing" ing" De/en De/ene e #/ 2#n#r" 2#n#r" Re3ui Re3uiite ite %&'' %&''&( &( When A arrived home, he found B raping his daughter. @pon seeing A, B ran away. A took his gun and shot B, killing him. )harged with homicide, A claimed
he acted in defense of his daughter5s honor. %s A correct? %f not, can A claim the benefit of any mitigating circumstance or circumstances? !"#$ Suggete) An*er+ +o. A cannot validly invoke defense of his daughter5s honor in having killed B since the rape was already consummated, moreover, B already ran away, hence, there was no aggression to defend against and no defense to speak of. A may, however, invoke the benefit of the mitigating circumstance of having acted in immediate vindication of a grave offense to a descendant, his daughter, under par. 0, Article " of the '(), as amended.
4. A-tern!ti$e Circumt!nce" Int#xic!ti#n %&''&( A was invited to a drinking spree by friends. After having a drink too many, A and B had a heated argument, during which A stabbed B. as a result, B suffered serious physical in4uries. 8ay the intoication of A be considered aggravating or mitigating? !0#$ Suggete) An*er+ 2he intoication of A may be prima facie considered mitigating since it was merely incidental to the commission of the crime. %t may not be considered aggravating as there is no clear indication from the facts of the case that it was habitual or intentional on the part of A. Aggravating circumstances are not to be presumed9 they should be proved beyond reasonable doubt.
5. Exempting circumt!nce" In!nit, %&'1'( While his wife was on a &year scholarship abroad, 'omeo was having an affair with his maid 6ulcinea. 'eali3ing that the affair was going nowhere, 6ulcinea told 'omeo that she was going back to the province to marry her childhood sweetheart. )louded by anger and 4ealousy, 'omeo strangled 6ulcinea to death while she was sleeping in the maid5s uarters. 2he following day, 'omeo was found catatonic inside the maid5s uarters. e was brought to the +ational )enter for 8ental ealth !+)8$ where he was diagnosed to be mentally unstable. )harged with murder, 'omeo pleaded insanity as a defense. Will 'omeo5s defense prosper? Eplain!&#$ Suggete) An*er+ +o, 'omeo5s defense of insanity will not proper because, even assuming that 'omeo was =insane when diagnosed after he committed the crime, insanity must have eisted and proven to be so eisting at the precise moment when the crime was being committed. 2he facts of the case indicate that 'omeo committed the crime with discernment.
6. uti/,ing Circumt!nce" B!ttere) W#m!n S,n)r#me %&'1'( Cack and Cill have been married for seven !>$ years. Dne night, Cack came home drunk. Finding no food on the table, Cack started hitting Cill only to apologi3e the following day. A week later, the same episode occurred Cack came home drunk
and started hitting Cill. Fearing for her life, Cill left and stayed with her sister. 2o woo Cill back, Cack sent her floral arrangements of spotted lilies and confectionaries. 2wo days later, Cill returned home and decided to give Cack another chance. After several days however, Cack again came home drunk. 2he following day, he was found dead. Cill was charged with parricide but raised the defense of =battered woman syndrome. Would the defense proper despite the absence of any of the elements for 4ustifying circumstances of selfdefense under the 'evised (enal )ode? Eplain. !&#$ Suggete) An*er+ es, 1ection &: of '.A. <&:& provides that victimsurvivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for 4ustifying circumstances of selfdefense under the 'evised (enal )ode.
7. Mitig!ting" 8#-unt!r, Surren)er %&''9( Goluntary surrender is a mitigating circumstance in all acts and omissions punishable under the '(). Suggete) !n*er+ False, voluntary surrender may be appreciated in cases of criminal negligence under Art. ":0 since in such cases, the courts are authori3ed to impose a penalty without considering Art. :& regarding mitigating and aggravating circumstances.
:. ;ri$i-ege Mitig!ting Circumt!nce %&'1&( What is a privileged mitigating circumstance? !0#$ Suggete) !n*er+ (rivileged mitigating circumstances are those that mitigate criminal liability of the crime being modified to one or two degrees lower. 2here circumstances cannot be offset by aggravating circumstance. 2he circumstance of incomplete 4ustification or eemption !when ma4ority of the conditions are present$, and the circumstances of minority !if the child above0 years of age acted with discernment$ are privileged mitigating circumstance.
9. Speci/ic Aggr!$!ting Circumt!nce" Ue #/ Un-icene)
1'. Aggr!$!ting Circumt!nce" D*e--ing" N#cturnit," Ue #/ ;ic=-#c= %&''9( Wenceslao and Loretta were staying in the same boarding house, occupying different rooms. Dne late evening, when everyone in the house was asleep,
Wenceslao entered Loretta5s room with the use of a picklock. 2hen, with force and violence, Wenceslao ravished Loretta. After he had satisfied his lust, Wenceslao stabbed Loretta to death, and, before leaving the room, took her 4ewelry. 6iscuss the applicability of the relevant aggravating circumstances of dwelling, nocturnity and the use of the picklock to enter the room of the victim. !"#$ Suggete) !n*er+ 6welling is aggravating because the crimes were committed in the property of Loretta5s room which in law is considered as her dwelling. %t is well settled that =dwelling includes a room in a boarding house being occupied by the offended party where she en4oys privacy, peace of mind and sanctity of an abode. +octurnity or nighttime is also aggravating because although it was not purposely or especially sought for by Wenceslao, nighttime was obviously taken advantaged of by him in committing the other crimes. @nder the ob4ective test, nocturnity is aggravating when taken advantage of by the offender during the commission of the crime thus facilitating the same. 2he use of a picklock to enter the room of the victim is not as aggravating circumstance under Art. H of the )ode but punished as a crime by itself where the offender has no lawful cause for possessing it. 2he use of picklocks is euivalent to force upon things in robbery with force upon things.
