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]


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%)


    1. Lina is criminally liable for murder there was no kidnapping because she did not kidnap or detain the victim.

      Fely commited no crime because the killing is already consumated when Lina ask for her help demand for ransom is immaterial and will not convert the crime to kidnapping for ranson with murder.

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