Criminal Law, 2017 Bar — Question VIII-b

ESSAY

Porthos made a sudden turn on a dark street, and his Rolls-Royce SUV bumped the rear of a parked Cadillac Sedan inside which Aramis was then taking a nap. Angered by the violent impact, Aramis alighted and confronted Porthos who had also alighted. Aramis angrily and repeatedly shouted at Porthos: "Putang Ina mo!" Porthos, displaying fearlessness, aggressively shouted back at Aramis: "Wag kang magtapang-tapangan dyan, papatayin kita!" Without saying anything more, Aramis drew his gun from his waist and shot Porthos in the leg. Porthos' wound was not life threatening. (b) Standing trial for frustrated murder, Aramis pleaded self-defense. The Prosecution's contention was that the plea of self-defense applied only to consummated killings. Rule, with explanations, on the tenability of Aramis' claim of self-defense, and on the Prosecution's contention. (3%)

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