S.A 2020/21 B.E CRIMINAL LAW | Question #11
SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CRIMINAL LAW
#CriminalLaw #PreviousBarQuestions
In an act of rage while playing golf, a high-ranking public official hit a caddy with a golf club at hole number 9 of a golf course. The caddy fell and died immediately.
The public official called a loyal security guard who did not witness the incident. The security guard was instructed to put the caddy's lifeless body in the golf cart and dump it in the nearby lake. The public official wanted to make it appear that the caddy died of drowning.
The corpus delicti of the crime was discovered. Both the high-ranking public official and the security guard were charged as co-conspirators for the crime of Homicide.
Can the security guard be convicted as a principal to the crime of Homicide? Explain briefly.
Ads.
 |
| POLITICAL LAW Bar Q&A (2023 Ed.) - Political Law - Carlo Cruz - Questions and Answers 🛒 LZD: https://go.shopple.co/splbia 🛒SHP: https://invl.io/clggpx7 REMEDIAL LAW Bar Q&A (2023 Ed.) - Remedial Law - Prof. Manuel Riguera - Central - Questions and Answers 🛒LZD: https://go.shopple.co/splbid 🛒 SHP: https://invl.io/clggpyr LABOR LAW Bar Q&A (2023 Ed.) - Labor Law - Benedict Guirey Kato - Questions and Answers - Central 🛒LZD: https://go.shopple.co/splbif 🛒SHP: https://invl.io/clggq2e ETHICS Bar Q&A (2023 Ed.) - Legal Ethics - Ed Vincent Albano - Questions and Answers 🛒LZD: https://go.shopple.co/splbih 🛒 SHP: https://invl.io/clggpur CIVIL LAW Bar Q&A (2023 Ed.) - Civil Law - Vivian Paguirigan - Central - Questions and Answers 🛒LZD: https://go.shopple.co/splbii 🛒 SHP: https://invl.io/clggpyr CRIMINAL LAW Bar Q&A (2023 Ed.) - Criminal Law - Judge Ma. Rowena Alejandria - Central - Questions and Answers 🛒LZD: https://go.shopple.co/splbil 🛒SHP: https://invl.io/clggq1b COMMERCIAL LAW Bar Q&A (2023 Ed.) - Commercial Law - Dean Nilo Divina - Central - Questions and Answers 🛒LZD: https://go.shopple.co/splbin 🛒 SHP: https://invl.io/clggpwf |
SUGGESTED ANSWER:
No, the security guard cannot be held liable as a principal to the crime of Homicide. He is a mere accessory to the crime.
Principals, under Art. 17 of the Revised Penal Code, are those who take a direct part in the execution of the act, directly force or induce others to commit it, or cooperate in the commission of the offense by another act without which it would not have been accomplished.
In this case, the security guard did not participate in the killing of the caddy as principal by direct participation as he did not take a direct part in the killing of the caddy. He also did not participate as a principal by inducement as he did not force or induce the public official to kill the caddy. Lastly, he did not participate by indispensable cooperation as the security guard did not participate through another act without which, the crime of homicide would not have been committed. Based on the facts, the security guard participated only subsequent to the commission of the crime by concealing or destroying the body of the crime to prevent its discovery, making him an accessory as defined in Art. 19 of the Revised Penal Code.
Code: S.A 2020/21 B.E CRIMINAL LAW | Question #11
MORE:
[Link-in-Bio]
📎https://bit.ly/m/AttyEblogger
Visit 🔎 "Previous Bar Questions"
or
[Shopple Store 🛒]
📎 https://shopple.co/Lex-curiae
Visit 🔎 "Previous Bar Questions"
•Telegram
• Discord
Comments
Post a Comment