Practice question
A litigant quotes Article 11(2)’s fourth-degree consanguinity category and inserts it into Article 15 to modify punishment for an offense between first cousins. No other basis is established. Which is sound?
- Do not transplant the distinct defense-of-relative enumeration into Article 15.
- Every relationship rule in the Code has identical wording.
- A defense provision automatically rewrites every sentencing provision.
- First cousins are necessarily legal siblings.
- A broad social use of family overrides the actual text.
Legal references
- Revised Penal Code, Article 15, specified relationship classes, compared with Article 11(2): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
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