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he acted in defense of his daughters honor. Is A correct? If not, can A claim the
benefit of any mitigating circumstance or circumstances? (3%)
Suggested Answer:
No. A cannot validly invoke defense of his daughters honor in having killed B
since the rape was already consummated, moreover, B already ran away, hence,
there was no aggression to defend against and no defense to speak of.
A may, however, invoke the benefit of the mitigating circumstance of having acted
in immediate vindication of a grave offense to a descendant, his daughter, under
par. 5, Article 13 of the RPC, as amended.
4. Alternative Circumstances; Intoxication (2002)
A was invited to a drinking spree by friends. After having a drink too many, A and
B had a heated argument, during which A stabbed B. as a result, B suffered
serious physical injuries. May the intoxication of A be considered aggravating or
mitigating? (5%)
Suggested Answer:
The intoxication of A may be prima facie considered mitigating since it was
merely incidental to the commission of the crime. It may not be considered
aggravating as there is no clear indication from the facts of the case that it was
habitual or intentional on the part of A. Aggravating circumstances are not to be
presumed; they should be proved beyond reasonable doubt.
and started hitting Jill. Fearing for her life, Jill left and stayed with her sister. To
woo Jill back, Jack sent her floral arrangements of spotted lilies and
confectionaries. Two days later, Jill returned home and decided to give Jack
another chance. After several days however, Jack again came home drunk. The
following day, he was found dead.
Jill was charged with parricide but raised the defense of battered woman
syndrome. Would the defense proper despite the absence of any of the
elements for justifying circumstances of self-defense under the Revised Penal
Code? Explain. (2%)
Suggested Answer:
Yes, Section 26 of R.A. 9262 provides that victim-survivors who are found by the
courts to be suffering from battered woman syndrome do not incur any criminal
and civil liability notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code.
7. Mitigating; Voluntary Surrender (2009)
Voluntary surrender is a mitigating circumstance in all acts and omissions
punishable under the RPC.
Suggested answer:
False, voluntary surrender may be appreciated in cases of criminal negligence
under Art. 365 since in such cases, the courts are authorized to impose a penalty
without considering Art. 62 regarding mitigating and aggravating circumstances.
8. Privilege Mitigating Circumstance (2012)
What is a privileged mitigating circumstance? (5%)
Suggested answer:
Privileged mitigating circumstances are those that mitigate criminal liability of the
crime being modified to one or two degrees lower. There circumstances cannot
be off-set by aggravating circumstance. The circumstance of incomplete
justification or exemption (when majority of the conditions are present), and the
circumstances of minority (if the child above15 years of age acted with
discernment) are privileged mitigating circumstance.
9. Specific Aggravating Circumstance; Use of Unlicensed Firearm (2009)
The use of an unlicensed firearm in homicide is considered a generic aggravating
circumstance which can be offset by an ordinary mitigating circumstance.
Suggested answer:
False, offsetting may not take place because the use of an unlicensed firearm in
homicide or murder is a specific aggravating circumstance provided for by Rep.
Act No. 8294. It is not one of the generic aggravating circumstances under Art.
14 of the RPC (Pp vs Avecilla, 351 SCRA 63, [2001]).
10. Aggravating Circumstances; Dwelling; Nocturnity; Use of Picklock (2009)
Wenceslao and Loretta were staying in the same boarding house, occupying
different rooms. One late evening, when everyone in the house was asleep,
Wenceslao entered Lorettas room with the use of a picklock. Then, with force
and violence, Wenceslao ravished Loretta. After he had satisfied his lust,
Wenceslao stabbed Loretta to death, and, before leaving the room, took her
jewelry.
Discuss the applicability of the relevant aggravating circumstances of dwelling,
nocturnity and the use of the picklock to enter the room of the victim. (3%)
Suggested answer:
Dwelling is aggravating because the crimes were committed in the property of
Lorettas room which in law is considered as her dwelling. It is well settled that
dwelling includes a room in a boarding house being occupied by the offended
party where she enjoys privacy, peace of mind and sanctity of an abode.
Nocturnity or nighttime is also aggravating because although it was not purposely
or especially sought for by Wenceslao, nighttime was obviously taken
advantaged of by him in committing the other crimes. Under the objective test,
nocturnity is aggravating when taken advantage of by the offender during the
commission of the crime thus facilitating the same. The use of a picklock to enter
the room of the victim is not as aggravating circumstance under Art. 14 of the
Code but punished as a crime by itself where the offender has no lawful cause
for possessing it. The use of picklocks is equivalent to force upon things in
robbery with force upon things.