Practice Question in Criminal Law

 

I.  H and W are married. Unknown to H, W has an existing affair with B, the best friend of H. When the latter went to his office, B went inside their conjugal house to have sex with W. While B and W were in the act of committing sexual intercourse in the room, H decided to go back home as he forgot to bring his laptop which he needed in his work.

Upon seeing both of them engaged in the said act, H, intensely angered, fired and shot W, wounding her left hand to defend herself, W found a knife and threw it against H, hitting him and wounding his chest. Their maid, M, upon hearing the gunshot, went inside the room. H again aimed his gun against W and shot her, but at that point, M to protect W, suddenly embraced and covered her. The bullet hit both M and W, causing their immediate death.

H turned his ire against B. Feeling betrayed by his best friend, he pointed his gun against B, and shot him, but he missed. Again, H tried to point his gun against B, but this time the latter, sensing his life is in danger, found a lampshade and immediately threw it against H. The object hit the head of H, which caused him to fall down where he died instantly as his head directly hit the floor of the house.

 

QUESTION:

a)      Did B commit any crime/s? If your answer is yes, what crime/s did B commit? If your answer is no, explain why. 

b)      If H were alive, did he commit any crime/s? If your answer is yes, what crime/s did H commit? If your answer is no, explain why. 

c)      If W were alive, did she commit any crime/s? If your answer is yes, what crime/s did W commit? If your answer is no, is no, explain why. 

 

 

II. H is married to W. Unknown to W, H has a paramour for three (3) years by the name of P. He bought her a condominium unit in Makati so P can live there. H stays there every other day between 5-8pm before coming back to his home. However, unknown to H, W has a boyfriend for two (2) years whose name is B. The latter knew her to be married.

One on occasion to celebrate their togetherness, H and P went inside an expensive motel, rented a room and had sexual intercourse. When they had finished and were about to leave the parking space allocated for the room, another vehicle was waiting outside so it can enter the same parking space. As H was driving while P was in the front seat beside him, the other vehicle moved to enter the parking space. However, H noticed that the woman inside the other vehicle was his own wife. He stopped his vehicle, went out and angrily confronted B.

In the midst of the heated argument, H suddenly drew his gun and shot B hitting his left hand. However, as H was about to shoot him again, B also had gun, countered by shooting H. H fell down, wounded and became unconscious. Thinking that her husband was dead, W became hysterical and stabbed P several times in his abdomen with her knife until B became also unconscious because of the wound. P saw everything that happened and feeling her life was also in danger, went out of the car, got H's gun, aimed it towards W's heart and shot her. W was able to cover and the bullet instead her middle finger. All of them were brought by the motel personnel to the nearest hospital. Nobody died in the incident. 

As per medico-legal findings, the results are as follows:

 

1. H would have died where it not for a timely medical assistance;

2. B would have died where it not for timely medical intervention;

3. W suffered minor injuries which incapacitated her to work for seven (7) days.

 

QUESTION: Explain fully your answers to the following     questions:

1) What crime/s did H commit, if any?

2) What crime/s did B commit, if any?

3) What crime/s did W commit, if any?

4) What crime/s did P commit, if any?

 

 

III. W, a young housewife, and P, her paramour, conspired to kill H, her husband, to whom she was lawfully married. W and P bought pancit and mixed it with poison. W gave the food with poison to H, but before H could eat, D her illegitimate father, and E, her legitimate son, arrived. H, D and E shared the food on the presence of W who merely watched them eating. H, D and E died because of having partaken of the poisoned food.

 

QUESTION: What crime/s was/were committed in this case, by whom and against whom?

 

 

IV.  A son of B knowing that X owed B P100,000.00 which had already matured, wrote a collection letter to X, falsifying B's signature in the letter which A himself delivered to X without B's knowledge. X paid the amount to A and thereupon appropriated the money for his personal use. Upon learning of the action of his son, B filed a complaint against the former.

 

QUESTION: If you were the prosecutor would you prosecute A for any crime/s?

 

 

V.  A entered the house of another surreptitiously without employing force or violence. He was seen by a maid who wanted to scream but was prevented from doing so because A threatened her with a gun. A then took money and other valuables and left.

 

QUESTION: Is A guilty of any crime?