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Midterm Examination: Special Penal Laws

The document contains a 10-question midterm examination for a Special Penal Laws course. The questions cover various topics in criminal law including: 1) the relationship between the Revised Penal Code and Special Penal Laws, 2) the distinction between felonies and offenses, 3) whether good faith can be a defense for illegal possession of firearms and picklocks, 4) the appropriate crimes for arson and serious physical injuries, and 5) the criminal liability of various hypothetical scenarios involving crimes like plunder, graft and corruption, homicide, domestic violence, human trafficking, prostitution, and terrorism.

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Richard C. Amoguis
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598 views2 pages

Midterm Examination: Special Penal Laws

The document contains a 10-question midterm examination for a Special Penal Laws course. The questions cover various topics in criminal law including: 1) the relationship between the Revised Penal Code and Special Penal Laws, 2) the distinction between felonies and offenses, 3) whether good faith can be a defense for illegal possession of firearms and picklocks, 4) the appropriate crimes for arson and serious physical injuries, and 5) the criminal liability of various hypothetical scenarios involving crimes like plunder, graft and corruption, homicide, domestic violence, human trafficking, prostitution, and terrorism.

Uploaded by

Richard C. Amoguis
Copyright
© © All Rights Reserved
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Download as DOC, PDF, TXT or read online on Scribd
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Saint Mary’s University

COLLEGE OF LAW
-oOo-

SPECIAL PENAL LAWS


MIDTERM EXAMINATION

INSTRUCTIONS: Answer with reason and legal basis. Write legibly (round &
big) and avoid erasures. Write your answers in your “record book” and send
photographs of your answers through Messenger (PM).

1. What is the relationship of the Revised Penal Code and Special Penal Laws?
When and when not the Revised Penal Code supplements the provisions of
special penal law? Discuss.

2. a Distinguish felonies vs. offenses; b Enumerate the two kinds of felonies
and their requisites; c Enumerate the three kinds of offenses and their
requisites.

3. In a raid conducted by the PNP CIDG, they found assorted firearms and
different kinds of picklocks. The accused contended that he is a retired
policeman and now a criminology instructor and that he kept those objects
as exhibits for his criminology students. His students (former and present)
testified that indeed they were brought in the house and were taught
regarding those objects. In short, the accused raised “good faith” as his
defense. May “good faith” exonerate him of the charges for Illegal
Possession of Firearms and Illegal Possession of Picklocks? Explain.

4. AA envies BB’s back pack. In one afternoon, AA poured gasoline and


lighted BB’s back pack while he carries it on his back. As a result, BB’s bag
was burned and causing severe physical burnt to BB.
a. Is AA liable for arson If not, what crime
b. Is AA liable for Serious Physical Injuries If not, what crime

5. The Chief PNP was charged of Plunder because he allegedly received 50


Million Pesos as gift by reason of his office. He contends that the case shall
be dismissed on two grounds: (a) the alleged money is not a public fund; and
(b) is not the result of a series of act but only one single act. Rule on his
contentions.

6. Brandon was charged for Violation of RA No. 3019 (Graft & Corruption).
His defense is that he could not be charged thereof because he is not a public
officer as he does not receive any salary from the government. Is his
contention tenable?
7. AA killed BB inside AA’s house. In order to conceal his crime, AA burned
his house. Unknown to him, his less than three years old son was sleeping in
the attic at that time thus his son died because of the fire. What crime/s
would you charge AA?

8. JUAN mauled his common-law wife JUANA and their common-law


daughter, JUANITA. The two run to you for legal advice and for immediate
action. According to her, this is not the first time that she was beaten black
and blue by the former. Discuss to her several remedies provided by law, RA
No. 9262.

9. PETER prostituted his two daughters PETRA who is 16 years of age and
TETRA who is 18 years of age to PEDRO. After paying P3, 000 to PETER,
PEDRO took PETRA and TETRA in a motel and they had sexual coitus.
PEDRO gave P2, 000.00 to PETRA and TETRA as tip which they gladly
received.

a. State and discuss the criminal liability of Peter and Pedro, if any.
b. Are PETRA and TETRA liable for prostitution Discuss.

10.The Five known members of the New People’s Army are known of their
criminal activities such as extortion, murder, destruction of property, arms
smuggling/ gun-running, human trafficking, drug trafficking, among others.
Are they liable for the crime of Terrorism? Qualify your answer.

-NOTHING FOLLOWS-

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