S.A 2020/21 B.E CRIMINAL LAW | Question #09

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CRIMINAL LAW



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During one of their intense operational meetings, the campaign manager of a presidential candidate openly suggested, "Dapat ipapatay na lang natin ang mga bumabatikos sa kandidato natin.”

Later, the campaign manager was charged with the crime of Proposal to Commit Murder.

Can the campaign manager be convicted of the offense charged? Explain briefly. 


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SUGGESTED ANSWER:


No, the campaign manager cannot be convicted of the crime of Proposal to Commit Murder as there is no such crime.

Art. 8 of the Revised Penal Code provides that conspiracy and proposal to commit a felony are punishable only in cases where a law specially provides a penalty therefor. Nullum crimen, nulla pena sine lege. There is no crime if there is no penal law punishing it.

Since proposal to commit murder is not punishable as there is no law providing for penalty therefor, the campaign manager cannot be convicted. 


Code: S.A 2020/21 B.E CRIMINAL LAW | Question #09 


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