2017 (Criminal Law) Bar Exam Questions: Question 8

[Answer/discuss the question below, or see 2017 bar exam Criminal Law Instructions; 2017 Criminal Law questions: 1234567910, and 11; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]

-VIII-

Porthos made a sudden turn on a dark street, and his Rolls-Royce SUV bumped the rear of a parked Cadillac Sedan inside which Aramis was then taking a nap. Angered by the violent Impact, Aramis alighted and confronted Porthos who had also alighted. Aramis angrily and repeatedly shouted at Porthos: Putang Ina mo! Porthos, displaying fearlessness, aggressively shouted back at Aramis: Wag kang magtapang-tapangan dyan, papatayin kita! Without saying anything more, Aramis drew his gun from his waist and shot Porthos in the leg. Porthos’ wound was not llfe threatening.

(a) What are the kinds of unlawful aggression, and which kind was displayed in this case? Explain your answer. (3%)

(b) Standing trial for frustrated murder, Aramis pleaded self- defense. The Prosecution’s contention was that the plea of self- defense applied only to consummated killings. Rule, with explanations, on the tenability of Aramis’ claim of self-defense, and on the Prosecution’s contention. (3%)

(c) Porthos insisted that the element of treachery was present. To rule out treachery, Aramls asserted that both he and Porthos were then facing and confronting each other when he fired the shot. Rule, with reasons, on the respective contentions. (3%)

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