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AllBar 2024CRIMINAL LAWII. REVISED PENAL CODE - BOOK ONEF. Extinction of Criminal Liability1. Total Extinctiong. Marriage between the Offender and the Offended Party - Articles 266-C and 344

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Question

Question 1:

In the case of Total Extinction, particularly on the topic of Marriage between the Offender and the Offended Party, consider the provisions of Articles 266-C and 344 of the Philippine law.

Scenario:

Jack and Jill were married for five years when Jack was found guilty of committing a heinous crime that warranted a life sentence in prison. Jill, the offended party, sought legal advice on whether their marriage can be considered void or legally dissolved due to Jack's offense.

Based on the given scenario and the relevant provisions of the law, discuss the following:

  1. Under Article 266-C, is the marriage between Jack and Jill affected by Jack's offense? Explain the legal implications and consequences, if any.
  2. Under Article 344, can Jill file a petition for legal separation or divorce based on Jack's offense? Explain the requirements and grounds for such a petition.

Answer

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