S.A 2022 B.E CRIMINAL LAW | Q#1

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 SUGGESTED ANSWERS TO THE 2022 BAR EXAMINATIONS IN CRIMINAL LAW 

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Code: S.A 2022 B.E CRIMINAL LAW | Q#1


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BAR QUESTION | 


Police officer John ran after Randy who had just killed Willy in John’s presence.

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John fired at Randy in an attempt to stop him in his tracks. In response, Randy fired back at John, hitting him. John was seriously wounded but survived due to timely medical assistance. 


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Randy was then charged with Frustrated Homicide. During the trial, Randy claimed self-defense.



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Is Randy’s claim of self-defense tenable? Explain briefly. (5 points)


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 SUGGESTED ANSWER | 

No, Randy's Self-defense is not tenable. The requirements to invoke Self-Defense are: 



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(a) Unlawful Aggression 

Police officer John did not commit Unlawful Aggression vs. Randy because he just doing his Lawful duty.





(b) Reasonable Necessity of the Means Employed to prevent or repel the aggression.


The shooting of Randy at the Arresting Officer, is not a reasonable means to defend himself after committing a felony. He should just have surrendered himself to John.

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(c) No Provocation 

Randy provoked Police John in killing Willy in the Officer's presence, to perform his Lawful duty to arrest Randy. 

( See Cabanlig vs. Sandiganbayan GR. No. 148431 [28 July 2005] & People vs. Delima 46 Phil. 738 [1922])


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