Criminal Law, 2012 Bar — Question 4

MULTIPLE CHOICE

FF and his two (2) sons positioned themselves outside the house of the victim. The two (2) sons stood by the stairs in front of the house, while the father waited at the back. The victim jumped out of the window and was met by FF who instantly hacked him. The two (2) sons joined hacking the victim to death. They voluntarily surrendered to the police. How will the attendant circumstances be properly appreciated? (A) Treachery and abuse of superior strength qualify the killing to murder. (B) Only treachery qualies the killing to murder because abuse of superior strength is absorbed by treachery. (C) Treachery is the qualifying aggravating circumstance, while abuse of superior strength is treated as a generic aggravating circumstance. (D) The qualifying circumstance of treachery or abuse of superior strength can be offset by the mitigating circumstance of voluntary surrender. be taken into account for the purpose of increasing the penalty to be imposed upon the convict?

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