Practice question
The accused and offended party are first cousins only, with no other listed relationship. A party invokes Article 15 solely because they are blood relatives. Which is sound?
- Every blood relative without limit is expressly included.
- Article 15 uses the same fourth-degree clause as Article 11(2).
- Only the shared surname decides.
- Mere consanguinity does not expand Article 15 beyond its stated relationship classes.
- The court must presume they are siblings.
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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