2016 (Criminal Law) Bar Exam Questions: Question 18

[Answer/discuss the question below, or see 2016 bar exam Criminal Law Instructions; 2016 Mercantile Law questions: 123456789101112131415161719 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-XVIII-

Lina worked as a housemaid and yaya of the one-week old son of the spouses John and Joana. When Lina learned that her 70-year old mother was seriously ill, she asked John for a cash advance of P20,000.00, but the latter refused. In anger, Lina gagged the mouth of the child with stockings, placed him in a box, sealed it with masking tape, and placed the box in the attic. Lina then left the house and asked her friend Fely to demand a P20,000.00 ransom for the release ofthe spouses’ child to be paid within twenty-four hours. The spouses did not pay the ransom. After a couple of days, John discovered the box in the attic with his child already dead. According to the autopsy report, the child died o f asphyxiation barely minutes after the box was sealed.

What crime or crimes, if any, did Lina and Fely commit? Explain. (5%)

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