Philippine Bar review · Question

Practice question: Mitigating Circumstances

Multiple Choice Hard Jurisprudence

Practice question

A court rejects complete self-defense but the record independently establishes a qualifying powerful legitimate stimulus and the required temporal connection for passion or obfuscation. A party says failure of the justification categorically forbids any separate mitigation. Which is sound?
  1. Every rejected defense automatically bars all mitigation.
  2. The distinct mitigating ground must be assessed on its own requirements.
  3. A justification and every mitigating circumstance have identical elements.
  4. Passion automatically requires acquittal.
  5. The court may never examine a separate established circumstance.

Legal references

  • Revised Penal Code, Article 13(6), (8)-(10), cited mitigating circumstances: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
  • People v. Singcol, G.R. No. 275139, May 7, 2025, main decision, passion and obfuscation: https://lawphil.net/judjuris/juri2025/may2025/gr_275139_2025.html

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