Philippine Bar review · Question

Practice question: All except Arts. 290–292

Multiple Choice Hard Jurisprudence

Practice question

A passerby enters a dwelling against the occupant's expressed will solely to prevent a serious and immediate fire injury to a child inside. The facts establish Article 280's serious-harm-prevention exception, and no separate unlawful conduct is involved. Must the entry nevertheless be punished as qualified trespass merely because consent was refused?
  1. Yes, the article contains no exceptions.
  2. Yes, every against-will entry is punishable regardless of statutory text.
  3. No; Article 280 expressly excludes an entry for the specified purpose of preventing serious harm.
  4. No, because every passerby owns a right to enter any home.
  5. Yes, unless the passerby is related to the child.

Legal references

  • Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 268–269, 280 and 282.
  • RA 7659, Sections 6–9, amended murder, infanticide, kidnapping and robbery provisions, subject to RA 9346 death-penalty prohibition: https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html; Section 8 amending Article 267.
  • RA 10951, current amended RPC provisions and monetary thresholds: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html; amended Articles 268–269, 280, 282 and 286–287.
  • RA 9346, Sections 1–4, death-penalty prohibition, substitute penalties and clemency: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html

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