MOCK BAR EXAMINATION QUESTIONS INCRIMINAL LAW

59. A shot B, but missed and instead hit and killed C. A is liable for the complex crime of homicide and attempted homicide.

a. Trueb. False, A is liable for the crime of homicide only because B was not injured.c. False, A is liable for the crimes of illegal discharge of firearms and homicide.d. False, A is liable for the complex crime of attempted homicide and reckless

imprudence resulting in homicide.

60. Dodoy possessing only a student driver’s permit, found a parked car with the key left in the ignition. He proceeded to drive it away, intending to sell it. Just then Ting, the owner of the car arrived. Failing to make Dodoy stop, Ting boarded a taxi and pursued Dodoy, who in his haste to escape, and because of his inexperience violently collided with a jeepney full of passengers, one of whom was killed, the leg of another passenger was crushed and had to be amputated. The car of Ting was damaged to the tune of P 50,000. Dodoy is liable for the crimes of carnapping, homicide and serious physical injuries.

a. Trueb. False, Dodoy is liable for complex crime of carnapping with homicide because the two

offenses were the result of a single criminal impulse.c. False, Dodoy is liable for carnapping only but the penalty is to be imposed in its

maximum because a homicide which includes the serious physical injury was committed on the occasion or by reason thereof.

d. False, Dodoy is liable for the distinct felonies of carnapping, reckless imprudence resulting in serious physical injuries, reckless imprudence causing damage to property and reckless imprudence resulting in homicide.

61. X together with four individuals went to the house of P with intent to kill. Upon reaching the house, the five of them aimed and fired at the bedroom of P. However, P was not in the room as he was in another city. The five accused may be convicted of attempted murder.

a. Trueb. False, they may be convicted of the crime of illegal discharge of firearm.c. False, they are only liable for an impossible crime.d. False, they are liable for malicious mischief.

62. Drawing or trying to draw a pistol from the waist is an overt act of homicide of the accused.

a. Trueb. It constitute attempted homicidec. The act constitute attempted murder

False, because it cannot be definitely concluded that the act will result into a concrete offense.