Author Topic: The Conspiracy of A, B, C and D  (Read 966 times)

pioneer

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The Conspiracy of A, B, C and D
« on: June 11, 2010, 10:57:50 PM »
Bar Exam Review: Conspiracy

A had a grudge against F. Deciding to kill F, A and his friends, B, C, and D, armed themselves with knives and proceeded to the house of F, taking a taxicab for the purpose. About 20 meters from their destination, the group alighted and after instructing E, the driver, to wait, traveled on foot to the house of F. B positioned himself at a distance as the group's lookout. C and D stood guard outside the house. Before A could enter the house, D left the scene without the knowledge of the others. A stealthily entered the house and stabbed F. F ran to the street but was blocked by C, forcing him to flee towards another direction. Immediately after A had stabbed F, A also stabbed G who was visiting F. Thereafter, A exiled from the house and, together with B and C, returned to the waiting taxicab and motored away. G died. F survived.

Question: Who are liable for the death of G and the physical injuries of F?

Answer:

A alone should be held liable for the death of G. The object of the conspiracy of A. B, C, and D was to kill F only. Since B, C, and D did not know of the stabbing of G by A, they cannot be held criminally therefor. E, the driver, cannot be also held liable for the death of G since the former was completely unaware of said killing.

For the physical injuries of F, A, B and C. should be held liable therefore. Even if it was only A who actually stabbed and caused physical injuries to G, B and C are nonetheless liable for conspiring with A and for contributing positive acts which led to the realization of a common criminal intent. B positioned himself as a lookout, while C blocked F's escape. D, however, although part of the conspiracy, cannot be held liable because he left the scene before A could enter the house where the stabbing occurred. Although he was earlier part of the conspiracy, he did not personally participate in the execution of the crime by acts which directly tended toward the same end (People vs. Tomoro, et al 44 Phil. 38).
 
In the same breath, E, the driver, cannot be also held liable for the infliction of physical injuries upon F because there is no showing that he had knowledge of the plan to kill F.


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cujo

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Re: The Conspiracy of A, B, C and D
« Reply #1 on: June 11, 2010, 11:13:02 PM »
Mike if I am a defense lawyer I would argue that " its true A stabbed G but he could be alive when A leave the scene and D was the one who sneak inside the house and killed G.After all no one knows his whereabout?

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pioneer

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Re: The Conspiracy of A, B, C and D
« Reply #2 on: June 11, 2010, 11:26:11 PM »
Ate Thel, we cannot go beyond the facts presented as this is a bar exam question. We can only discuss the given situation here and exhaust all the possible legal answer to the question, setting aside some other possible circumstances that we think might have been part of the main issue.

 

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cujo

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Re: The Conspiracy of A, B, C and D
« Reply #3 on: June 12, 2010, 02:13:40 AM »
Yeah.I guess "beyond reasonable doubt" could not be use...yet.

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