Philippine Bar review · Question

Practice question: Aggravating Circumstances (See also RA 9165, Sec. 25; RA 10175, Sec. 6; RA 10591, Sec. 29)

Multiple Choice Hard Jurisprudence

Practice question

A properly alleged nighttime circumstance is supported only by the clock hour; the court expressly finds that nighttime did not facilitate the offense and no qualifying use of darkness is established. The prosecution demands automatic aggravation. Which is sound?
  1. Every offense after sunset is necessarily aggravated.
  2. Apply Article 14(6)’s facilitation qualification rather than the hour alone.
  3. The actual circumstances never matter.
  4. Nighttime automatically proves treachery too.
  5. A calendar entry replaces the statutory condition.

Legal references

  • Revised Penal Code, Article 14(1), (6) and (9), public position, facilitating nighttime or band, and recidivism: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426

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