Philippine Bar review · Question

Practice question: Justifying Circumstances

Multiple Choice Hard Jurisprudence

Practice question

A man helps provoke the very confrontation in which his brother is later unlawfully attacked. He relies on defense of a relative and claims his own participation in the provocation cannot matter because the victim is his sibling. Which is best?
  1. Apply Article 11(2)’s express condition concerning the defender’s part in the provocation.
  2. Sibling status automatically satisfies every condition.
  3. The statute requires participation in provocation.
  4. An initial unlawful attack always erases the defender’s own role.
  5. The family relationship is the sole required fact.

Legal references

  • Revised Penal Code, Article 11(2)-(3), defense of relatives and strangers: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426

Answer this question in flashcards to review your response and continue practicing.