Whtevr

Marco Carlo Sana Alexander Charles Uy August Tribunal HW Criminal Law “High School stude comatose sa bugbog ng classmates” Case: A 16 year old, 4th year student from St. John Academy, named Reynaldo Salang Jr. was badly beaten with shackles by his classmate Mosies Pasion, also 16, along with an 18 year old named Jonathan Punzalan. Two other who have yet to be taken into custody, one under the name “John” and another unidentified both of whom were also his classmates. The student is currently confined in the Intensive Care Unit (ICU) at Bataan Peninsula Medical Center. The motive behind the crime was jealousy, because the lover of “John” was seen with the victim as the former approached the latter to gain his opinion about the troubles in John and the love’s relationship. The suspects are charged with frustrated homicide, but were released on bail. Analysis: All suspects involve in the crime are rightfully charged with frustrated homicide. Clearly, the victim would be dead without the medical intervention present and it can be begotten from the facts that all of them participated in the beating. The suspects that where the victim’s classmates, who are under the age of 18, can not avail of the defense of exempting circumstances, because, undoubtedly, from the facts of the case, there was clear discernment from the minors in the commission of the crime. They attacked him as a group even deciding to use shackles to implore in their criminal deed to make sure the harm they intended to commit materializes. The inapprehension of the two other classmates also point to the fact that the minor students knew of the evil of the crime that they took part in. “Holdaper, nanghostage ng La Salle student” Case: A De La Salle University student was taken hostage during the course of a holdup which took place at an LBC Money Transfer in Taft Ave, where they took the cell phones and money amountinf to 10,000 Php from the employees. The incident was reported promptly so the authorities where able to respond to the scene quickly. The suspects were Jaylord Olivar, 17, Nestor Basa, 25, and Rudy Bucayon. The suspects surrendered to the police due to negotiations after being chased and cornered by police which led to the former’s hostage taking of the student. The student did not receive any physical injuries except from being traumatized. Analysis: All of the suspects should be charged with robbery. The suspects held up the store and without applying or showing force, the employees wouldn’t have given up any of their belongings. Also, the crime is consummated, because not only where the suspects able to carry out of the premises the thing taken, they where also in a position to dispose of it freely, however briefly, before the police where able to chase them down. The minor at age 17 is not exempted from criminal liability, because it is clear from his actions after the commitment of the crime that there was discernment, or else he wouldn’t have ran from the police as well as taking another person hostage with the rest of the group in order to avoid arrest. The suspects here cannot avail the mitigating circumstances of voluntary surrender. The act of surrendering to authorities at a much later time, because they were completely surrounded and there was no other way of escaping is not on of those constituting voluntary surrender. “Bata ng ex-solon iniligpit” Case: A municipal coordinator of a former Congressman, Alipio Milanes 47 years of age, was killed because of 3 shots to the head with a .45 caliber. The suspects who is still unknown was said to have been waiting for the victim, who was on hi way to work, when he ambushed him. After the crime, the suspect immediately boarded a waiting motorcycle. Analysis: Suspect, when known, should be charged with the crime of murder. It is indubitable that the crime was premeditated. The suspect was with knowledge of the route which the victim took to go to work, but what’s more is that he was able to make a speedy escape from the scene because of a vehicle already waiting. The driver of the motorcycle, if it can be proven that he was a companion to the crime, he and the suspect where in conspirators and their actions where in concert for a common goal, should also be charged with murder.