2014 (Criminal Law) Bar Exam Questions: Question 23

[Answer / discuss the question below. Or see 2014 bar exam Criminal Law Instructions; 2014 Commercial Law essay and multiple choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

XXIII.

Carla, four (4) years old, was kidnapped by Enrique, the tricycle driver engaged by her parents to drive her to and from school every day. Enrique wrote a ransom note demanding that Carla’s parents pay him P500,000.00 ransom in exchange for her liberty. However, before the ransom note could be received by Carla’s parents, Enrique’s hideout was discovered by the police. Carla was rescued while Enrique was arrested. The prosecutor considered that the ransom note was never received by Carla’s parents and filed a case of “Impossible crime to commit kidnapping” against Enrique. Is the prosecutor correct? If he is not correct, can he instead file a case of grave coercion? (4%)

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