(PART 1) Q & A IN CRIMINAL LAW BOOK 1 AND 2

Identify which is the least correct answer:
I.    Killing a person who is under 12 is classified as murder; while killing a minor is for the same
II.    Violation of Domicile is committed by any person
III.    Infanticide is a crime if the parent killed their child who is less than 3 days old
IV.    Evasion of service of sentence is committed when a convicted person escapes prison while serving his sentence

d. IV

BUNG GO killed his child, BATWO. The latter is more than 18 years old. No Qualifying Aggravating Circumstance present. Hence the crime committed is:

c. Parricide

Identify the most correct distinction between the two forms of Piracy with regard to the place of the commission:

b. Piracy under RPC can be committed in any waters while for Piracy under pd 532 is only within Philippine Waters

Around 3:00 in the afternoon, DISGRASYA was hit by a car and died. The driver is her own live-in partner. Upon investigation, the witnesses saw that the perpetrator KHO, hit the body of DISGRASYA for multiple times which is the primary cause of the death of the said victim. Hence, upon analyzing the situation, the crime committed is:

a. Murder

 PRESI declared robbery. Consummated it. Thereafter, while leaving the premises, he accidentally shot his son and died. The latter died.

d. Robbery with Homicide

DAREL and CHE are live-in partners. They have a child, AVIE. One time. DAREL went home from his work, however, he was surprised when he saw his partner performing a sexual intercourse with BHOG. Anger fueled. He hit CHE and BHOG which caused for BHOG to die on the spot. Hence, is he criminally liable for killing BHOG after witnessing the horrible incident?

a. Yes

AAA killed BBB. CCC conspired with AAA as a principal. The victim is AAA’s illegitimate child. Hence the crime committed by CCC is:

a. Murder

AXA killed his less than 3-year old child. He conspired with his brother XAX. While burying the child, AXX saw the two. However, he did not say anything and walked away. Hence, the crime committed by XAX is:

a. Murder

PRESI declared robbery. Consummated it. Thereafter, while leaving the premises, he accidentally shot his son and resulted to non-mortal wound. The latter died.

d. Robbery with Homicide

CHUPAPI killed CHUPAPO, his legitimate grandfather. If the latter killed his child, CHUPAPE who is less than 12 years old – then the crime he committed is:

c. Parricide

EYEYRON, without intent to kill, threw a toxic chemical to the face of NYEKA. As a result, NYEKA after performing an operation to fix the damage became a look-a-like of KATHRYN BERNARDINO-BA-YARN. She became more beautiful. Hence, the crime committed is:

c. Serious Physical Injury

Let us say XXV by boxing, accidentally killed XVV. According to XXV, he has no intent to kill but as to the consequence of his act, the latter died. Is he still liable for a crime which falls in killing?

c. Yes

JINGGAY and MARCOLETS are best friends. The former attacked the latter and hit his face causing the removal of the left ear. The crime committed if the former negates intent to kill:

c. Serious Physical Injury

PHU KHIKO attacked SIO PAW, without intent to kill, causing the latter to lose his four front teeth. They filed a case of Serious Physical Injury for the disfigurement of his teeth. However, during the trial, when the Judge asked the victim to smile and show to the bar his teeth, it was already replaced by artificial ones – seems like nothing happened. If you were the judge, to what crime shall the perpetrator be convicted of?

d. Slight Physical Injury

AAA is the parent of XXU. He wounded XXU, without intent to kill, and suffered illness for 8 days. Hence, the crime committed by the parent is:

b. Slight Physical Injury

Without Intent to Kill, AAA point his gun to BBB. He started to shoot the latter. However, he was not hit by any of the ammunition fired by AAA. Assuming that AAA indiscriminately discharges the firearm in a public place without pointing it to any person. Thus, the crime committed is:

d. Discharge of Firearm

In relation to the former number, what if there is intent to kill, and none were hurt after the discharge of firearm – hence the crime committed is:

a. Attempted Homicide

Bernardo was enraged by his conviction for robbery by Judge ThamThung despite insufficient evidence. Pending his appeal, Bernardo escaped to get even with the Judge. He killed the Judge. This happens while the judgment of conviction is on appeal. What aggravating circumstance may apply? If there is any.

d. None of the choices

SITUATION: FOR ITEMS 19-25
DARYL is the perpetrator. CHY is the victim. The victim is his less than 18-year old child. ABIE is a conspirator of DARYL in the killing of CHY. REYLAN and ENDONG are the police officers. If ABIE killed the victim, and as a conspirator, she is 

d. Murder

If it is DARYL that killed his child with TREACHERY as a QAC. The crime committed by DARYL is:

a. Parricide