1. Jinn and Claire are long standing enemies.

Because of their continuous quarrel over the boundaries of their adjoining

properties, when Jinn saw Claire one afternoon, she approached the latter with a bolo in her hand. When she was about
five feet away from Claire, Claire pulled out her revolver and shot Jinn on the chest, killing her. Is Claire criminally liable?
Explain.

2. The person being defended was a relative—a first cousin. But the fellow who killed the aggressor had some score to
settle with the aggressor. Is he entitled to a justifying circumstance? Explain.

3. Jacques was 2 months below 18 years of age when he committed the crime. He was charged 3 months later and was
23 years old when he was finally convicted and sentenced. Instead of preparing to serve a jail term, he sought a
suspension of sentence on the ground of being a juvenile offender. Is he entitled to suspension?

4. Yvonne (accused) and McVin (deceased) quarreled. However, the former had no chance to fight with the latter
because she is much smaller; she thought of killing the latter but she cannot just attack because of the latter’s size. So
she came up with a plan of committing a crime at nighttime with the cover of darkness. A week later, the accused
positioned herself in the darkest part of the street where the deceased usually passes on her way home. One evening,
the accused waited for the deceased and when the opportunity presented itself, she then stabbed the latter. However,
the deceased was able pull a knife as well and also injured the accused. The accused was wounded but managed to run
away. The deceased was able to walk a few steps before she fell and died. The accused is currently being tried for
homicide, what modifying circumstances are present, if any?

5. In 2005, Gerardo III committed robbery. While the case was being tried, he committed theft in 2008. He was found
guilty and was convicted of theft also in 2008. The conviction became final because he did not appeal anymore and the
trial for his earlier crime, which was robbery, ended in 2009 where he was also convicted. He also did not appeal this
decision. May the judge in imposing the penalty for robbery consider the accused a recidivist considering that he was
already convicted in 2008 for the crime of theft which is under the same title of the Revised Penal Code as that of
robbery?

6. A, B, C and D, all armed, agreed to rob the house of Mr. E at 10 o’clock in the evening, with D as the driver of the
tricycle which they would use in going to and leaving the house of Mr. E. The front door was locked so they broke in
through a window located at the backyard by shattering said window. Once inside, A entered the master’s bedroom and
started getting all the valuables he could see, while the others entered other rooms. While inside a room, B saw a male
person and immediately B brought out his gun and pulled the trigger, but the bullet went through the window, hitting a
neighbor that killed him. What modifying circumstances are present, if any? Explain.

7. Ms. A had been married to Mr. B for 10 years. Since their marriage, Mr. B had been jobless and a drunkard, preferring
to stay with his “barkadas” until the wee hours of the morning. Ms. A was the breadwinner and attended to the needs of
their three (3) growing children. Many times, when Mr. B was drunk, he would beat Ms. A and their three (3) children,
and shout invectives against them. In fact, in one of the beating incidents, Ms. A suffered a deep stab wound on her
tummy that required a prolonged stay in the hospital. Due to the beatings and verbal abuses committed against her, she
consulted a psychologist several times, as she was slowly beginning to lose her mind. One night, when Mr. B arrived
dead drunk, Ms. A grabbed hold of a kitchen knife and inflicted a fatal wound which caused the death of Mr. B not long
after. What are the modifying circumstances present in the case? Explain.

8. How are crimes variously classified?

9. (a) What is meant by the latin maxim “ACTUS ME INVITO FACTUS NON EST MEUS ACTUS”?
(b) Differentiate Paragraphs 5 and 6 of Article XII, Book I of the Revised Penal Code.

10. Ngoan, convicted of physical injury. But subsequently, she was granted pardon by the President. One year
thereafter, Ngoan was then convicted of homicide. Is she a recidivist (as a general term)? Explain.