JOSE MARIA COLLEGE-COLLEGE OF LAW

CRIMINAL LAW 1- FINAL EXAMINATIONS

Family name_Crim Rev Finals

Steffi was convicted with malversation. The penalty for malversation under the Revised Penal
Code is prision mayor in its minimum and medium periods. The Regional Trial Court Judge
imposed a straight penalty of 7 years on Steffi. Steffi now goes to your office to inquire into the
propriety of the penalty imposed upon her. When you checked her records, you found out that
she: (1) voluntarily surrendered; and (2) voluntarily returned the public funds upon demand. If
you are Steffi’s lawyer, a) what are your assignment of errors on the judgment of the court a
quo and explain each and b) what is the proper penalty without applying the ISLAW. (10 points)

Assume that there is no mitigating and no aggravating circumstance, if you are the judge, what
would you impose upon Steffi, without applying the ISLAW. Explain your answer. (10 points)

Aly, a minor was convicted with the complex crime of direct assault with homicide. The penalty
for direct assault is prision correccional in its minimum and medium periods. The penalty for
homicide is reclusion temporal. What is the correct imposable penalty applying ISLAW? What is
the significance of the application of the ISLAW? (10 pts)

Katrina was convicted for multiple crimes with the following penalties: two reclusion perpetua,
prision correccional, suspension for 6 years and arresto menor, how will Katrina serve her
sentences. Explain fully applying the rules. (10 pts)
Beatrice was convicted of malversation and sentenced to suffer a penalty of 11 years, 6 months
and 21 days of prision mayor. She filed an appeal before the Court of Appeals contending that
the penalty is incorrect as the new law, RA 10951 reduced the penalty of malversation for
amounts not exceeding P40,000 to prision correccional. The appeal was granted by the CA.
Beatrice then filed an application for probation before the Court of Appeals. The prosecution
opposed saying that an appeal is a waiver of an application for probation. If you were the Court
of Appeals, how will you dispose of the application? Explain your answer. (10 pts)

Maureen was convicted for robbery with homicide by the Regional Trial Court in 2012 with a
penalty of reclusion perpetua. She appealed her conviction before the Court of Appeals.
However, during the pendency of her appeal, she died. (10 pts)

a. What is/are the effect of her death to her criminal and civil liability?

b. What is/are the effect to her criminal and civil liability of Maureen dies after finality of
her conviction?

Kisses, is an employee of Register of Deeds, she connived with one Janela Joy in falsifying a
torrens certificate of title. They made it appear that a certain property was transferred to
Janela’s name through a falsified deed of sale. This falsified deed of sale was then registered
with the Registry of Deeds on 05 September 2000. The penalty for Falsification is prision
correccional. Consequently, in 2003, this was discovered by the real owner, Leren and she then
filed a case for falsification against Kisses and Janela. An information was then filed in the Court.
However, the two remained at large. Finally, in 2015, they were apprehended. They then raised
the defense of prescription. Has the crime prescribed? (10 pts)

A picture of Ayn illegally parking along Bolton Street was taken and a complaint for violation of
Davao City Ordinance No. 0909 was then filed before the Fiscal’s office. After 1 year, Ayn was
then arraigned for such violation. She filed a Motion to Dismiss the criminal case on the ground
of prescription. Decide with Reasons. (5 pts)

Exhaustively explain when pardon by the offended party be a bar to criminal liability. (5 pts)

Does pardon by the offended party affect the crime of rape? Explain fully. (2.5 pts)

Christell was lodged in the Grand Hyatt Hotel without notifying the management that she has
brought Diamond earrings worth 5 million pesos. One evening, the housekeeper opened the
room and poked a gun at her and divested her from the earrings. Christell now filed a case
against the housekeeper and the hotel owner for the lost of her earrings. May the Hotel owner
be held liable? (10 pts)

Multiple Choice. Write the letter of the correct answer and explain.
11. The acquittal of the accused shall bar the civil action arising from the crime where the
judgment of acquittal holds that: (2.5 pts)
a. The acquittal is based on reasonable doubt.
b. The liability of the accused is not criminal but civil in nature.
c. The civil liability does not arise from or is not based on the criminal act for which the
accused has been acquitted.
d. The accused did not commit the act imputed to him.

12. Subsidiary liability may be imposed on the following: except: (2.5 pts)
a. Innkeepers, in relation to the crime committed in their establishment.
b. Employers engaged in industry for the crime committed by their employees.
c. Parents or minors who act with discernment in committing crimes.
d. Hospital administrators or owners, for crimes committed by their hospital nurses.

13. The death of the accused extinguishes his criminal liability but civil liability is not
extinguished when: (2.5 pts)
a. The death of the accused occurred before conviction.
b. The death of the accused occurred after conviction and after he has perfected his
appeal from conviction.
c. The death of the accused occurred during the pendency of his appeal.
d. The death of the accused occurred after final judgment.
e. None of the above.