2016 (Criminal Law) Bar Exam Questions: Question 4

[Answer/discuss the question below, or see 2016 bar exam Criminal Law Instructions; 2016 Mercantile Law questions: 1235678910111213141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-IV-

Jojo and Felipa are husband and wife. Believing that his work as a lawyer is sufficient to provide for the needs of their family, Jojo convinced Felipa to be a stay- at-home mom and care for their children. One day, Jojo arrived home earlier than usual and caught Felipa in the act of having sexual intercourse with their female nanny, Alma, in their matrimonial bed. In a fit of rage, Jojo retrieved his revolver from inside the bedroom cabinet and shot Alma, immediately killing her.

[a] Is Art. 247 (death or physical injuries inflicted under exceptional circumstances) of the Revised Penal Code (RPC) applicable in this case given that the paramour was of the same gender as the erring spouse? (2.5%)

[b] Is Felipa liable for adultery for having sexual relations with Alma? (2.5%)

One comment

  1. SUGGESTED ANSWER:

    (a) Yes, Art. 247 Revised Penal Code (RPC) is applicable in this case given that the paramour was of the same gender as the erring spouse.

    “Art. 247. Death or physical injuries inflicted under exceptional circumstances. — Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.

    If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

    (b) Adultery is committed by a wife (who must also be charged together with the other man). It cannot be committed in a same sex relationship such as a complaint by a husband against his wife with a woman or by wife against his husband with a man.

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