Philippine Criminal Law: Homicide and Defenses
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1
Scenario: A intends to kill B and fires at B but misses completely. What stage of homicide may be involved?
Attempted homicide, if the overt acts and intent to kill are established and no qualifying circumstance changes the offense.
2
Scenario: A shoots B with intent to kill, inflicts a mortal wound, but emergency surgery saves B. What stage may apply?
Frustrated homicide, if all acts of execution were performed and death was prevented by causes independent of A's will.
3
Scenario: A kills B without a qualifying circumstance or a special relationship establishing another offense. What crime generally applies?
Homicide under Article 249 of the Revised Penal Code.
4
Scenario: A deliberately attacks B from behind, ensuring B has no opportunity to defend. What qualifying circumstance may apply?
Treachery, if its legal requisites, including conscious adoption of the method, are proved.
5
Scenario: A kills a legally recognized spouse. What crime may apply?
Parricide under Article 246, provided the relationship and other elements are established.
6
Scenario: A kills B after deliberately planning the act and allowing sufficient time for reflection. What circumstance may apply?
Evident premeditation, if its required elements are proved.
7
Scenario: A attacks B using means deliberately intended to increase B's suffering beyond what is necessary to kill. What circumstance may apply?
Cruelty, if the deliberate augmentation of suffering is established.
8
Scenario: A attacks B while B is asleep and unable to defend. Does treachery automatically apply?
No. The prosecution must establish the elements of treachery, including deliberate adoption of the means of attack.
9
Scenario: A strikes B once during an argument, causing a minor injury without intent to kill. What determines the appropriate offense?
The nature and duration of injury or incapacity and the applicable statutory elements.
10
Scenario: A acts to repel B's ongoing unlawful knife attack using reasonably necessary force. What defense may apply?
Self-defense, if unlawful aggression, reasonable necessity, and lack of sufficient provocation are established.
11
Scenario: A attacks B after B's aggression has completely ended. Can A still claim complete self-defense?
Generally no. Unlawful aggression must exist when the defensive act occurs.
12
Scenario: A honestly but unreasonably believes B is attacking and injures B. Does the belief automatically establish self-defense?
No. Self-defense requires the legally recognized requisites, including actual unlawful aggression.
13
Scenario: A accidentally injures B while lawfully performing an act with due care and without fault or intent. What exempting circumstance may apply?
Accident under Article 12(4) of the Revised Penal Code.
14
Scenario: A causes harm while acting under an irresistible physical force exerted by another person. What exempting circumstance may apply?
Irresistible force under Article 12(5), if its requisites are proved.
15
Scenario: A commits an act under a well-grounded fear of an equal or greater injury. What exempting circumstance may apply?
Uncontrollable fear under Article 12(6), if its legal requirements are met.
16
Scenario: A voluntarily begins committing a felony but stops before completing the acts of execution. What doctrine may prevent attempted-felony liability?
Spontaneous desistance, without eliminating liability for any separate offense already committed.
17
Scenario: A and B agree to rob a store and both intentionally participate in executing their plan. What principle may apply?
Conspiracy, if agreement and a common criminal purpose are proved.
18
Scenario: A merely knows about B's plan to commit a crime but does not agree or participate. Is A automatically a conspirator?
No. Mere knowledge or passive acquiescence does not establish conspiracy.
19
Scenario: A directly orders B to commit a felony through an inducement that is the determining cause. What participation may apply?
Principal by inducement, if the required causal relationship is established.
20
Scenario: A knowingly provides indispensable assistance without which the planned crime would not have occurred. What participation may apply?
Principal by indispensable cooperation.
21
Scenario: A knowingly gives nonessential assistance before or during the commission of a felony. What participation may apply?
Accomplice liability, if all its elements are established.
22
Scenario: After a robbery, C knowingly helps conceal stolen property under circumstances covered by Article 19. What participation may apply?
Accessory liability, subject to the statutory elements and exemptions.
23
Scenario: A takes B's unattended phone without consent and with intent to gain, using no violence or force upon things. What offense generally applies?
Theft, subject to the facts and applicable law.
24
Scenario: A takes B's wallet by threatening B with immediate bodily harm. What property offense generally applies?
Robbery through intimidation of persons.
25
Scenario: A enters a building by breaking a qualifying entrance and steals property. What offense may apply?
Robbery by force upon things, if the statutory requirements are satisfied.
26
Scenario: A receives money in trust to deliver to B but fraudulently converts it for personal use. What offense may apply?
Estafa by misappropriation or conversion, if the required elements are established.
27
Scenario: A secretly damages B's parked vehicle out of spite, without taking anything. What offense may apply?
Malicious mischief, if the statutory elements are present.
28
Scenario: A buys stolen jewelry knowing it came from theft and intends to resell it for profit. What special-law offense may apply?
Fencing under Presidential Decree No. 1612.
29
Scenario: A takes another person's motorcycle without consent and with intent to gain. What special law may apply?
Republic Act No. 10883, the New Anti-Carnapping Act.
30
Scenario: A possesses a firearm without the license or authority required by law. What statute is principally relevant?
Republic Act No. 10591.
31
Scenario: A public officer demands money in exchange for performing an official act. What criminal-law issue arises?
Potential bribery or another corruption offense, depending on the statutory elements.
32
Scenario: A public officer appropriates public funds entrusted to the officer by reason of official duties. What offense may apply?
Malversation of public funds or property under Article 217 of the Revised Penal Code.
33
Scenario: A public officer causes undue injury through evident bad faith while performing an official administrative function. What statute may apply?
Section 3(e) of Republic Act No. 3019, if all elements are established.
34
Scenario: A person repeatedly conceals proceeds of a qualifying unlawful activity through financial transactions. What offense may apply?
Money laundering under Republic Act No. 9160, as amended.
35
Scenario: A publishes an intimate recording without the consent required by law. What statute may apply?
Republic Act No. 9995, if its specific elements are satisfied.
36
Scenario: A repeatedly sends unwanted sexual messages and threats through social media. What law may apply?
Republic Act No. 11313, the Safe Spaces Act, and potentially other applicable laws.
37
Scenario: A sends fraudulent electronic messages to obtain banking credentials and unlawfully accesses an account. What law may apply?
Republic Act No. 10175 and other applicable fraud or financial laws.
38
Scenario: A police officer arrests B without a warrant solely because B looks nervous. Is the arrest necessarily valid?
No. Nervous appearance alone does not establish a recognized basis for warrantless arrest.
39
Scenario: Officers see a suspect actually stabbing another person. May they arrest the suspect without a warrant?
Yes. The circumstances may satisfy an in flagrante delicto arrest under Rule 113.
40
Scenario: Officers arrest a suspect without a warrant several days after an offense, relying only on an unverified rumor. Does hot pursuit automatically apply?
No. The just-committed requirement and personal knowledge supporting probable cause must be established.
41
Scenario: Police enter a home without a warrant, consent, or a recognized exception and seize evidence. What is the likely evidentiary issue?
The evidence may be inadmissible under the constitutional exclusionary rule.
42
Scenario: Police lawfully arrest a suspect and search the suspect's person for weapons and evidence within lawful limits. What exception may apply?
Search incident to a lawful arrest.
43
Scenario: A detained suspect is questioned without counsel and signs an incriminating statement. What constitutional issue arises?
Possible violation of custodial-investigation rights, rendering the statement inadmissible.
44
Scenario: A suspect refuses to answer police questions that could incriminate the suspect. What right is being exercised?
The constitutional right to remain silent and the privilege against self-incrimination.
45
Scenario: An accused is acquitted after a valid trial, and the prosecution seeks another trial solely to obtain a conviction. What protection generally applies?
The constitutional prohibition against double jeopardy.
46
Scenario: The prosecution's evidence is insufficient after it rests. What procedural remedy may the accused seek?
A demurrer to evidence under Rule 119.
47
Scenario: A witness repeats another person's statement solely to prove the statement's truth, and no exception applies. What evidentiary objection arises?
Hearsay.
48
Scenario: A witness testifies about an event personally observed. What foundational requirement is satisfied?
Personal knowledge based on the witness's own perception.
49
Scenario: The prosecution proves only that the accused was present near a crime scene. Does presence alone establish guilt?
No. The prosecution must prove every element of the charged offense and the accused's responsibility beyond reasonable doubt.
50
Scenario: After considering all admissible evidence, the court has reasonable doubt about guilt. What judgment is required?
Acquittal, consistent with the presumption of innocence and the beyond-reasonable-doubt standard.
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