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AGG Law Office

Unit 2 Apartment 4 Claveria Business Building


Recto Street, 8000 Davao City
Office Tel. (082) 221.0407
Fax No. (082) 221.0410
Email Address: agg.law.office@gmail.com

September 11, 2018

Mr. Canisteo M. Lopez


321 Unit 5 Lee’s Apartment
D. Ponce Street, 8000 Davao City

Re: possible criminal charge by reason of buying and using poison with the intent to
kill or injure.

Dear Mr. Lopez,

You requested our legal opinion regarding a possible criminal charge to be filed
against you.

You asked for a representation in case a criminal charge will be filed against you
for the reason that you bought a poison and used it with the intention to kill or injure but
you failed because it did not.

The fact that you intended to buy a poison to kill Zeus with whom you hate, it
satisfies the elements of an attempted murder which are: (1) the offender took some
action towards killing another and (2) the offender’s act was intended to kill a person.
With that, you can be held liable for such offense even without succeeding to your plan –
to kill. The mere fact that you intended to kill someone by using and getting through the
means to succeed but failed, the court can already appreciate it as an attempt to
someone’s life, an offense against person which would constitute attempted murder.

In your letter, you stated that you went to a veterinarian and asked for a DXT
poison on the pretext that it would be used to kill an old cat in your house but what you
actually intended was to use such poison to kill Zeus. Inadvertently, the veterinarian gave
you DXO, a non-toxic powder which when you mixed with Zeus’ drink did not kill him.

The Book Two of the Revised Penal Code specifically on Offenses Against
Persons, it states that: “Whosoever shall administer to, or cause to be administered to, or
to be taken by any person, any poison or other destructive thing, or shall, by any means
whatsoever, wound, or cause any grievous bodily harm to any person, with intent, in any
of the cases aforesaid, to commit murder, shall be guilty of felony, and, being convicted
thereof, shall be liable to be imprisoned for life, with or without hard labor.”
As stated, a person shall be guilty of felony by having the intent to cause any
grievous bodily harm to any person, and to commit murder by administering any poison
or other destructive thing. We recommend that you can ask forgiveness and for a
settlement with Zeus in order for him not to resort to litigation process anymore.
Otherwise, you will be held criminally liable for a serious criminal offense which is an
attempted murder with a penalty of life imprisonment and a fine.

Sincerely yours,

Clariza B. Gaviola
Legal Counsel

Angelene P. Amar
Legal Counsel

Ellah B. Gaudicos
Legal Counsel
REFERENCES

Attempted Murder Charges and Penalties. (2018). Retrieved from


http://www.attorneys.com/homicide/attempted-murder-charges-and-penalties.

Offenses Against the Person Act. (2011). Retrieved from http://moj.gov.jm/


sites/default/files/laws/Offences%20Against%20the%20Person%20Act_0.pdf

Reyes, L. B., & Reyes, R. R. (Ed.). (2017). The Revised Penal Code (19th Ed.). Manila,
Philippines: Rex Bookstore