Philippine Bar review · Question

Practice question: Alternative Circumstances

Multiple Choice Hard Jurisprudence

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?
  1. Do not transplant the distinct defense-of-relative enumeration into Article 15.
  2. Every relationship rule in the Code has identical wording.
  3. A defense provision automatically rewrites every sentencing provision.
  4. First cousins are necessarily legal siblings.
  5. 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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