legal technique and logic report
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2004 BAR EXAMINATIONS
YES OR NO
QUESTION
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ON HIS WAY HOME FROM OFFICE, ZZ
RODE IN A JEEPNEY. SUBSEQUENTLY,XX BOARDED THE SAME JEEPNEY.
UPON REACHING A SECLUDED SPOT IN
QC, XX PULLED OUT A GRENADE FROM
HIS BAG AND ANNOUNCED A HOLD-UP.
HE TOLD ZZ TO SURRENDER HISWATCH, WALLET AND CELLPHONE.
FEARING FOR HIS LIFE, ZZ JUMPED
OUT OF THE VEHICLE. BUT AS HE
FELL, HIS HEAD HIT THE PAVEMENT,
CAUSING HIS INSTANT DEATH.
IS XX LIABLE FOR ZZS DEATH?
EXPLAIN BRIEFLY. (5%)
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XX IS LIABLE FOR ZZS DEATH BECAUSE
HIS ACTS OF PULLING OUT A GRENADE
AND ANNOUNCING A HOLD-UP, COUPLEDWITH A DEMAND FOR THE WATCH,
WALLET, AND CELLPHONE OF ZZ IS
FELONIOUS, AND SUCH FELONIOUS ACT
WAS THE PROXIMATE CAUSE OF ZZS
JUMPING OUT OF THE JEEPNEY,RESULTING IN THE LATTERS DEATH.
YES.
Suggested Answer:
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STATED OTHERWISE, THE
DEATH OF ZZ WAS THE DIRECT,
NATURAL AND LOGICAL
CONSEQUENCE OF XXSFELONIOUS ACT WHICH
CREATED AN IMMEDIATE
SENSE OF DANGER IN THE
MIND OF ZZ WHO TRIED TOAVOID SUCH DANGER BY
JUMPING OUT OF THE
JEEPNEY (PEOPLE V. APRA, 27
SCRA 1037 [1969]).
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YES. XX is liable for ZZs death
Direct answer: Affirmation
Because his acts of pulling out agrenade and announcing a hold-up,coupled with a deand for the watch,wallet, and cellphone of ZZ is felonious!
Justification of
the direct answer
to the question
Assertion
Immediate support
Meat of the
answer
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!and such felonious act was thepro"iate cause of ZZs #uping outof the #eepne$, resulting in thelatters death.
Explaining with brevitysing of technical terms
Ability of examinee to write downbasic laws
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Stated otherwise,
!the death of ZZ was the direct,natural and logical conse%uence ofXXs felonious act!
!roximate "ause
!which created an iediatesense of danger in the ind of ZZ
who tried to a&oid such danger b$#uping out of the #eepne$ !
#ogical relationship
Cause and Efect
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!'(eople &. )pra, *+ S)/0+ 123245.
$pecific citations
#egal !rovisions "ase #aws
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TRUE OR FALSE
QUESTION
2009 BAR EXAMINATIONS
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A PERSON WHO, ON THE OCCASION
OF ROBBERY, KILLS A BYSTANDER
BY ACCIDENT IS LIABLE FOR TWO
SEPARATE CRIMES:
ROBBERY AND RECKLESS
IMPRUDENCE RESULTING
IN HOMICIDE.
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ONLY ONE CRIME OF ROBBERY
WITH HOMICIDE IS CONSTITUTED
BECAUSE THE REVISED PENAL
CODE PUNISHES THE CRIME ASONLY ONE INDIVISIBLE OFFENSE
WHEN A KILLING, WHETHER
INTENTIONAL OR ACCIDENTAL,
WAS COMMITTED BY REASON ORON OCCASION OF A ROBBERY
(ART. 294[1], RPC; PEOPLE V.
MABASA, 65 PHIL. 658 [1938]).
FALSE.
Suggested Answer:
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6)7SE.
Direct answer:
%egation
8nl$ one crie of robber$ with
hoicide is constituted!
Immediate
support&reasoning
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!because the e&ised (enal odepunishes the crie as onl$ one
indi&isible o9ense when a :illing,whether intentional or accidental,was coitted b$ reason or onoccasion of a robber$!
Justifying
conclusion
!')rt. *2;14, (< (eople &.=abasa, 3> (hil. 3>? 120?45.
$pecific citations
LegalRule/Basis
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PAY ATTENTION TO WHAT IS ASKED
BE RESPONSIVE TO THE QUESTION
ASKED AND BE DIRECT TO THE POINT
SUPPORT YOUR ANSWER
APPLY/CITE THE LAW
PROVIDE CITATIONS WHEN
YOU CAN
DONT GO FOR OVERWHELMING WORDS
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