Minde, Jerush Carl BSPT-1
Case Analysis
Lesson 6-10
Case No.1
In an act to discipline his child, the father claims that the death of his child was not intended by him. Is
his contention (argument) correct? Yes or No? Justify your answer.
No of course, because even if the father’s intention to discipline his son yet it ended
up killing the child therefore it is his responsibility to face the consequences.
Case No. 2
A and B went on a drinking spree. While they were drinking, they had some argument so A stabbed B
several times. A’s defense is that he had no intention of killing his friend and that he did not intend to
commit so grave a wrong as that committed. Is praeter intentionem properly invoked? Yes or No? Justify
your answer.
Yes, because the fact that A has killed B and no matter what the A’s defense, he
committed a serious crime.
Case No. 3
Jonathan was afraid of bad elements so one evening, before going to bed, he locked himself in his room
and placed a chair against the door. After going to bed, he was awakened by someone who was trying to
open the door. He called out, “Who is there?” twice but received no answer. He then said, “If you enter
the room, I will kill you.” At that moment, he was struck by the chair. Believing he was being attacked,
he took a kitchen knife and stabbed the intruder who turned out to be his roommate. Is he criminally
liable? Yes or No? Justify your answer.
No, He is not, however, criminally liable, because he did not act with criminal intent. It
is necessary that had the facts been true as the accused believed them to be, the act is
justified. Moreover, the offender must believe that he is performing a lawful act. An
honest mistake of fact destroys the presumption of criminal intent which arises upon
the commission of a felonious act.
Case No. 4
Cruz and Villacorta were regular customers at Mendeja’s store. At around two o’clock in the morning of
January 23, 2019, while Cruz was ordering bread at Mendeja’s store, Villacorta suddenly appeared and,
without uttering a word, stabbed Cruz on the left side of Cruz’s body using a sharpened bamboo stick.
When Villacorta fled, Mendeja chased Villacorta but failed to catch him. When Mendeja returned to her
Minde, Jerush Carl BSPT-1
store, she saw Aron removing the broken bamboo stick from Cruz’s body. Mendeja and Aron then
brought Cruz to Tondo Medical Center and was treated as an outpatient. Cruz was later brought to the
San Lazaro Hospital on February 14, 2019, where she died the following day of tetanus infection
secondary to stab wound. What is the proximate cause for the death of Cruz?
The Proximate cause is Produces the injury or damage; and Without which the result would
not have occurred
Case No. 5
A and B had a quarrel and started hacking each other. B was wounded at the back. Cooler heads
intervened and they were separated. Somehow, their differences were patched up. A agreed to
shoulder all the expenses for the treatment of the wound of B, and to pay him also whatever lost of
income B may have failed to receive. B, on the other hand, signed a forgiveness in favor of A and on that
condition, he withdrew the complaint that he filed against A. After so many weeks of treatment in a
clinic, the doctor pronounced the wound already healed. Thereafter, B went back to his farm. Two
months later, B came home and he was chilling. Before midnight, he died out of tetanus poisoning. The
heirs of B filed a case of homicide against A. Is A liable? Yes or No. Defend your answer.
No, because 2 months have passed and everything was settled (which both parties asked
forgiveness). However, the doctor should be held liable for he was the one giving “A” a
treatment, he even pronounced that the wound has already healed but B ended up dead due
to tetanus poisoning after 2 months.
Case No. 6
Four culprits, all armed with firearms and with intent to kill, went to the intended victim’s house and
after having pinpointed the latter’s bedroom, all four fired at and riddled said room with bullets,
thinking that the intended victim was already there as it was about 10:00 in the evening. It so happened
that the intended victim did not come home on the evening and so was not in her bedroom at that time.
Was it an impossible crime or attempted murder? Defend your answer.
It is an attempted murder because the 4 culprits has the intention to act and kill someone but
fortunately the victim wasn’t there when the crime happened.
Case No. 7
A, a collector of Mega Foam failed to remit to the company a check which was given to him as payment
for a merchandise. She tried to deposit the check, but he found out that the check bounced. What crime
was committed? Explain.
Fraud, because they tried to submit a cheque without a money in it.
Minde, Jerush Carl BSPT-1
Case No. 8
Buddy always resented his classmate, Jun. One day, Buddy planned to kill Jun by mixing poison in his
lunch. Not knowing where he can get poison, he approached another classmate Jerry to whom he
disclosed his evil plan. Because he himself harbored resentment towards Jun, Jerry gave Buddy a poison,
which Buddy placed on Jun’s food. However, Jun did not die because; unknown to both Buddy and Jerry,
the poison was actually powdered milk. What crime or crimes, if any, did Jerry and Buddy commit?
Explain your answer.
Jerry and Buddy committed an Attempted murder because they have the intent to act and kill
Jun.
Case No. 9
The single act of A in firing a shot caused the death of two persons, arising from one bullet, who were
standing on the line of the direction of the bullet. Is A liable for two separate crimes of homicide? Yes or
No? Justify your answer.
A is not liable for 2 separate crimes of homicide, however, he committed a criminal negligence
because he doesn’t have an intent to kill but it was the result of negligence, reckless
imprudence, lack of foresight or lack of skill.
Case No. 10
Jason Ivler was involved in a vehicular collision resulting to the injuries of Evangeline Ponce and the
death of her husband. He was charged of two offenses: (1) Reckless Imprudence Resulting in Slight
Physical Injuries; and (2) Reckless Imprudence Resulting in Homicide and Damage to Property. Can Ivler
be convicted with the two offenses? Yes or No? Justify your answer.
Yes, because he caused injuries of Evangeline Ponce and caused death of her husband as well
damaged the car (damage to property).
