2017 (Criminal Law) Bar Exam Questions: Question 9

[Answer/discuss the question below, or see 2017 bar exam Criminal Law Instructions; 2017 Criminal Law questions: 1234567810, and 11; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]

-IX-

During the nationwide transport strike to protest the phase out of old public utlllty vehicles, striking jeepney drivers Percy, Pablo, Pater and Senclo, each anned with guns, halled several MMDA buses then providing free transport to the stranded public to stop them from plying their routes. They later on commandeered one of the buses without allowing any of the passengers to alight, and told the driver to bring the bus to Tanay, Rizal.

Upon reaching a remote area in Tanay, Percy, Pablo, Pater and Senclo forcibly divested the passengers of their cash and valuables. They ordered the passengers to leave thereafter. Then, they burned the bus. When a tanod of the barangay of the area came around to Intervene, Pater fired at him, instantly killing him.

After Percy, Pablo, Pater and Sencio were arrested, the pollce authorities recommended them to be charged with the following crimes, to wit: (1) camapplng; (2) robbery, (3) direct assault with homicide; (4) kidnapping; and (5) arson.

State your legal opinion on the recommendation of the police authorities on the criminal liabilities incurred by Percy, Pablo, Pater and Sencio. (10%)

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