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AllBar 2024CRIMINAL LAWII. REVISED PENAL CODE - BOOK ONEB. Circumstances Affecting Criminal Liability2. Exempting Circumstances - Article 12

Question

B. Circumstances Affecting Criminal Liability - Exempting Circumstances

Question:

Jerome, a security guard, was on duty one night when he noticed a suspicious-looking individual attempting to break into a nearby house. Jerome approached the individual and identified himself as a security guard, causing the individual to flee. The next day, Jerome learned that his actions had foiled a burglary attempt. However, it was later discovered that Jerome was not a licensed security guard and was merely posing as one. As a result, Jerome was charged with the crime of Impersonating a Peace Officer under Article 177 of the Revised Penal Code.

In his defense, Jerome claims that he should be exempt from criminal liability based on the following circumstances:

  1. Mistake of Fact
  2. Fulfillment of Duty or Lawful Exercise of Right or Office
  3. Accident
  4. Inability to Resist Impulse

Discuss whether Jerome can invoke any of the exempting circumstances mentioned above to avoid criminal liability. Support your answer with provisions of law and jurisprudence.




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Bar Review Question: B. Circumstances Affecting Criminal Liability - Exempting Circumstances Question: Jerome, a securi