2009 Bar Exam Question and Suggested Answer on Aggravating Circumstances (Criminal Law)
QUESTION:
No. XVII. b. Wenceslao and Loretta were staying in the same boarding house, occupying different rooms. One late evening, when everyone in the house was asleep, Wenceslao entered Loretta’s room with the use of a picklock. Then, with force and violence, Wenceslao ravished Loretta. After he had satisfied his lust, Wenceslao stabbed Loretta to death and, before leaving the room, took her jewelry.
Discuss the applicability of the relevant aggravating circumstances of dwelling, nocturnity and the use of the picklock to enter the room of the victim. (3%)
SUGGESTED ANSWER:
Dwelling is aggravating because the crimes were committed in the property of Loretta's room which in law is considered as her dwelling. It is well settled that “dwelling” includes a room in a boarding house being occupied by the offended party where she enjoys privacy, peace of mind and sanctity of an abode. Nocturnity or nighttime is also aggravating because although it was not purposely or especially sought for by Wenceslao, nighttime was obviously taken advantaged of by him in committing the other crimes. Under the objective test, noctunity is aggravating when taken advantage of by the offender during the commission of the crime thus facilitating the same. The use of a picklock to enter the room of the victim is not an aggravating circumstance under Art. 14 of the Code but punished as a crime by itself where the offender has no lawful cause for possessing it. The use of picklocks is equivalent to force upon things in robbery with force upon things.
Source:
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)
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