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Legal Research
Case # 13 : Leader of the Pact
Legal Opinion
Question: Alex and Brett were unhappy youths. They made a suicide pact. To
carry out the pact, Alex drove his car over a cliff, with Brett as his passenger.
Brett died. Alex recovered. Alex is charged with murder. Is Alex Guilty?
No. Alex is not guilty with the crime of murder, under Article 2481 of
the Revised Penal Code of the Philippines the elements of murder2 are as
follows:
1.
2.
3.
4.
That
That
That
That
circumstances:
a) 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.
b) In consideration of a price, reward, or promise.
c) By means of inundation, fire, poison, explosion,
shipwreck,
That
That
That
That
Sources:
(1) Revised Penal Code, Article 248 - Murder
[http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426, Primary]
(2) Philippine Law Reviewers; Blog Archives; Criminal Law Book 2 Title Eight : C.
Elements of Murder [https://lawphilreviewer.wordpress.com/tag/criminal-lawbook-2-title-eight/, Secondary]
(3) Revised Penal Code, Article 248 Homicide
[http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426, Primary]
(4) Philippine Law Reviewers; Blog Archives; Criminal Law Book 2 Title
Eight : D. Elements of Homicide
[https://lawphilreviewer.wordpress.com/tag/criminal-law-book-2-title-eight/,
Secondary]
(5) Revised Penal Code, Article 253 Giving Assistance to Suicide
[http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426, Primary]
(6) Philippine Law Reviewers; Blog Archives; Criminal Law Book 2 Title
Eight : H. Giving Assistance to Suicide
[https://lawphilreviewer.wordpress.com/tag/criminal-law-book-2-title-eight/,
Secondary]
(7) SUICIDE PACT; definition [http://en.wikipedia.org/wiki/Suicide_pact]