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8. What is the fixed duration of RECLUSION PERPETUA and its retaining the nature of periods regardless of any mitigating or aggravating circumstances? Identiy the fixed Duration of penalty and its nature of indivisibility.

9. Raul premeditated killed Alfredo by shooting him with the used of Caliber .45 pistol an unlicensed firearm. What crimes did Raul committed? Is the penalty of unlicensed firearm can be used as aggravating circumstances only?

10. Marivic Catapang an accused was charged of Parricide by killing his Husband Boy Tamad, The former anchored her defense on the theory of Battered Woman Syndrome (BWS) However, the court finds that accused used defense were not characterized by BWS as batterer did not created cycles of violence based on records. What constitutes why accused unabled to be exempted from criminal liability under Battered Woman Syndrome? Explain

User Parra
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8. Reclusion perpetua is a penalty under Philippine law that has a fixed duration of 30 years. It is considered an indivisible penalty, which means that it cannot be divided into different periods, regardless of any mitigating or aggravating circumstances.

9. Raul committed the crimes of murder and illegal possession of firearms. He premeditatedly killed Alfredo, which constitutes murder under Philippine law. In addition, he used an unlicensed firearm, which is a violation of the firearms law and can result in a separate penalty. The penalty for illegal possession of firearms can be used as an aggravating circumstance only if it is not an essential element of the crime, meaning that the possession of the firearm is not necessary to commit the crime. In this case, the use of an unlicensed firearm is an essential element of the crime of murder, so it cannot be considered as an aggravating circumstance.

10. The Battered Woman Syndrome (BWS) is a legal defense that can be used by a woman who has been a victim of repeated physical, sexual, or psychological abuse by her partner or spouse. To be exempted from criminal liability under the BWS, the accused must prove that she acted in self-defense or defense of others, and that her actions were a result of the BWS.

In this case, the court found that the accused's defense was not characterized by BWS as the batterer did not create cycles of violence based on records. Therefore, the accused was unable to be exempted from criminal liability under the BWS. The court may have found that the accused did not meet the requirements for the BWS defense, which include a pattern of abuse and a reasonable belief of imminent danger. Without these elements, the accused cannot claim the BWS defense and may be held liable for the crime of parricide.
User Bhavik Joshi
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