MODULE 5

Question 1

People v. Rubiso

Answer 1

nabaril, nakaupo, gun ≠ unlawful aggression

Question 2

People v. Enfectana

Answer 2

Binangga ng tricycle, jeepney, stabbing, depang

Question 3

People v. Genosa

Answer 3

battered wife syndrome as self-defense,

Doctrine:
Must prove at least two cycles
Cycles of violence
1. tension building phase
2. acute battering incident
3. tranquil loving period

Question 4

People v. Narvaez

Answer 4

Fence, house and rice mill, shot, defense of person and property, incomplete self-defense

Question 5

People v. Boholst-Caballero

Answer 5

caroling = prostituting, choke, knife by the belt

Question 6

People v. Alconga

Answer 6

blackjack, first was self-sefense but second was not

Doctrine:
Right to kill ends when aggression stops

Question 7

People v. Sumicad

Answer 7

lumber, no sweldo, kept running, bolo, self-defense

Question 8

People v. Luague

Answer 8

mag-asawa, rape, kitchen knife, defending her honor

Question 9

People v. Dela Cruz

Answer 9

hipo, pocket knife, defense of honor

Question 10

People v. Jaurigue

Answer 10

creepy manliligaw, church, stabbed in the neck

Question 11

US v. Bumanglang

Answer 11

missing palay, trap, sticks, sheathed bolo, homicide

Question 12

Velasquez v. People

Answer 12

sex in victim’s house, ambush, serious physical injuries

Question 13

Aguilar v. DOJ

Answer 13

Tetet, “NPA,” stole a grenade

Question 14

Ortega v. Sandiganbayan

Answer 14

traffic duty, extortionist, stabbed, insufficient evidence (no knife)

Question 15

Flores v. People

Answer 15

inuman, M-16 armalite, 4 gunshot wounds

Question 16

Nacnac v. People

Answer 16

two policemen, drunk victim, warning shot, shot on the head

Question 17

People v. Gamez

Answer 17

Father and son, tumultuous relationship, bolo, disarmed

Doctrine:
Unlawful aggression must be continuous and threat existing when wrongful act is done.

Question 18

People v. Ricohermoso

Answer 18

kaingin, no palay, embrace from behind, avoid greater injury

Question 19

Ty v. People

Answer 19

mother and sister confined, bouncing checks, mother suicide

Doctrine:
1. Existence of uncontrollable fear/evil
2. Real and imminent fear; No other practical or less harmful means to prevent
3. Fear of injury is greater than or at least equal to that committed

Question 20

People v. Ulep

Answer 20

berserk, police shot him twice

Question 21

Cabanlig v. Sandiganbayan

Answer 21

detained prisoner, agaw baril, attempted escape, shot no warning

Doctrine:

Use of force by a policeman in the performance of duty is justified to:
1. secure and detain offender
2. overcome his resistance
3. prevent escape
4. recapture if he escapes
5. protect himself from bodily harm.

Question 22

People v. Delima

Answer 22

fugitive, bamboo weapon, fired twice

Question 23

People v. Oanis

Answer 23

tulog binaril

Doctrine:

1. offender acted in the performance of a duty or in the lawful exercise of a right; and
2. injury or offense committed be the necessary consequence of the due performance of such duty or the lawful exercise of such right or office.

Question 24

Yapyuco v. Sandiganbayan

Answer 24

jeepney full of “NPA,” open fired at the curve

Question 25

Angcaco v. People

Answer 25

Kapitan, person w/ a bolo near other police, shot, nephew

Question 26

People v. Beronilla

Answer 26

Abra military mayor, 12 bolomen, TEAAE, extrajudicial death penalty

Question 27

Tabuena v. Sandiganbayan

Answer 27

verbal + presidential memo, MIAA to PNCC but went to president