11. Eric and Darwin are brothers-in-law. They had a quarrel.

At the height of their quarrel, Eric shot

Darwin with an airgun. Darwin was hit at the stomach which bled profusely. When Eric saw this, he put
Darwin on the bed and told him not to leave the bed because he will call a doctor. While Eric was away,
Darwin rose from the bed, went to the kitchen and got a kitchen knife and cut his throat. The doctor
arrived and said that the wound in the stomach is only superficial, only that it is a bleeder but the
doctor can no longer save Darwin because Darwins throat is already cut. Eventually, Darwin died. Is
Eric criminally liable for homicide?

12. Name the four (4) kinds of aggravating circumstances and state their effect on the penalty of crimes
and nature thereof. (Bar 1999)

The four (4) kinds of aggravating circumstances are:

a. Generic aggravating or those that can generally apply to all crimes, and can be offset by mitigating
circumstances, but if not offset, would affect only the maximum of the penalty prescribed by law;

b. Specific aggravating or those that apply only to particular crimes and cannot be offset by mitigating
circumstances;

c. Qualifying circumstances or those that change the nature of the crime to a graver one, or brings
about a penalty next higher in degree, and cannot be offset by mitigating circumstances;

d. Inherent aggravating or those that essentially accompany the commission of the crime and do not
affect the penalty whatsoever.

13. Ben, a widower, driven by bestial desire, poked a gun on his daughter Zenny, forcibly undressed
her and tied her legs to the bed. He also burned her face with a lighted cigarette. Like a madman, he
laughed while raping her. What aggravating circumstances are present in this case? (Bar 1994)

The aggravating circumstances in this case are:

a. Cruelty, for burning the victims face with a lighted cigarette, thereby deliberately augmenting the
victims suffering by acts clearly unnecessary to the rape, while the offender delighted and enjoyed
seeing the victim suffer in pain (People vs. Lucas, G.R. No. 80102, January 22, 1990)

b. Relationship, because the offended party is a descendant (daughter) of the offender and considering
that the crime is one against chastity.

14. At about 9:30 in the evening, while Dino and Raffy were walking along Session Road, Baguio City,
Johnny hit them with a rock injuring Dino at the back. Raffy approached Dino, but suddenly, Bobby,
Steve, Danny and Nonoy surrounded the duo. Then Babobby stabbed Duno. Steve, Danny, Nonoy and
Johnny kept on hitting Dino and Raffy with rocks. As a result, Dino died. Bobby, Steve, Danny, Nonoy
and Johnny were charged with homicide. Can the court appreciate the aggravating circumstances of
nighttime and band? (Bar 1994)

No, night time cannot be appreciated as an aggravating circumstance because there is no indication that the
offenders deliberately sought the cover of darkness to facilitate the commission of the crime or that they took
advantage of nighttime. Besides, judicial notice can be taken of the fact that Session Road, Baguio City (Padre
Faura Street in the original question) is well-lighted.

However, band should be considered as the crime was committed by more than three armed malefactors. In a
recent Supreme Court decision, stones or rocks are now considered as deadly weapons.

15. An accused charged with the crime of homicide pleaded not guilty during the preliminary
investigation before the Municipal Trial Court. Upon the elevation of the case to the Regional Trial
Court, the court of competent jurisdiction, he pleaded guilty freely and voluntarily upon arraignment.
Can his plea of guilty before the RTC be considered spontaneous and thus entitle him to the mitigating
circumstance of spontaneous plea of guilty under Art. 13 (7), RPC? (Bar 1999)

Yes, his plea of guilty before the Regional Trial Court can be considered spontaneous for which he is entitled to
the mitigating circumstance of plea of guilty. His plea of not guilty before the Municipal Trial Court is immaterial
as it was made during the preliminary investigation only and before a court not competent to render judgment.