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SHERRY LESA H.

JAVA

Legal Writing Exercises

Answer the following questions using the IRAC principle/structure. You may go to the library to
research the substantive aspects of the answers. Bear in mind that the IRAC structure must be
followed.

1. Aki and Ben, while walking together, met Caloy. There was an altercation between Ben
and Caloy so that Ben chased and stabbed Caloy with a knife hitting his right arm thereby
causing slight physical injury. Ben desisted from further assaulting Caloy, but Aki lunged
at Caloy and felled him this time with a bolo which mortally wounded Caloy. Thus, he
died. a) What is the criminal liability of Aki? How about that of Ben? Explain your answers.

IRAC Answer

Issue: a. Whether or not Aki committed the


crime of Homicide?
b. Whether or not Ben is liable of
felony?

Rule: ARTICLE 248, Sec. 1 of RPC provides


that “any person who, not falling within
the provisions of Article 246 shall kill
another, shall be guilty of murder and
shall be punished by reclusion Perpetua
to death, if committed with any of the
following attendant circumstances:
1. With treachery, taking advantage of
superior strength, with the aid of armed
men, or employing means to weaken the
defense or of means or persons to insure
or afford impunity.”

D. ELEMENTS OF LESS SERIOUS


PHYSICAL INJURIES: (265)
1. That the offended party is
incapacitated for labor for 10 days or
more (but not more than 30 days), or
needs medical attendance for the
same period of time
2. That the physical injuries must not be
those described in the preceding
articles
Analysis: a. The case at bar, Aki
employed treachery, taking
advantage of his superior
strength with the use of bolo
and with the aid of armed
men (Ben).

b. At the outset, Ben chased


and stabbed Caloy with a
knife hitting his right arm
thereby causing slight
physical injury.

Conclusion: a. Hence, Aki is liable for murder.

b. From the gamut of evidence on


hand, it can be deduced that Ben is
liable for slight physical injuries.

a. Whether or not Aki committed the crime of murder?

Under the law, article 248, Sec. 1 of RPC provides that “any person who, not falling
within the provisions of Article 246 shall kill another, shall be guilty of murder and shall
be punished by reclusion Perpetua to death, if committed with the attendant circumstance
of treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity.”

The case at bar, Aki employed treachery, taking advantage of his superior strength with
the use of bolo and with the aid of armed men (Ben).
Based on the facts obtaining, Aki is liable for murder.

b. Whether or not Ben is liable for slight physical injuries?

As a matter of law, the elements of less serious physical injuries are that the offended
party is incapacitated for labor for 10 days or more (but not more than 30 days), or needs
medical attendance for the same period of time and that the physical injuries must not be
those described in the preceding articles.
At the outset, Ben chased and stabbed Caloy with a knife hitting his right arm thereby
causing slight physical injury.

From the gamut of evidence on hand, it can be deduced that Ben is liable for slight
physical injuries.

2. Deeply enraged by his wife’s infidelity, the husband shot and killed her lover. The husband
subsequently surrendered to the police. How will the court appreciate the mitigating
circumstances of (i) passion or obfuscation, (ii) vindication of a grave offense, and (iii)
voluntary surrender that the husband invoked and proved? Explain your answers.

IRAC Answer

Issue:
Rule:
Analysis:
Conclusion:

3. Isabel, a housemaid, broke into a pawnshop intent on stealing items of jewelry in it. She
found, however, that the jewelry were in a locked chest. Unable to open it, she took the
chest out of the shop. She was subsequently charged with the crime of Theft. Should the
case be dismissed? Explain your answer.

IRAC Answer

Issue:
Rule:
Analysis:
Conclusion:

4. Zeno and Primo asked Bert to give them a sketch of the location of Andy’s house since
they wanted to kill him. Bert agreed and drew them the sketch. Zeno and Primo drove to
the place and killed Andy. What crime did Bert commit? Explain your answer.

IRAC Answer
Issue:
Rule:
Analysis:
Conclusion: