Pete, a security guard, arrived home late one night after rendering overtime. He was shocked to see Flor, his wife, and Benjie, his best friend, completely naked having sexual intercourse. Pete pulled out his service gun and shot and killed Benjie. Pete was charged with murder for the death of Benjie. Pete contended that he acted in defense of his honor and that, therefore, he should be acquitted of the crime. The court found that Benjie died under exceptional circumstances and exonerated Pete of the crime, but sentenced him to destierro, conformably with Article 247 of the Revised Penal Code. The court also ordered Pete to pay indemnity to the heirs of the victim in the amount of P50,000.00.
a) Is the defense of Pete meritorious? Explain.
b) Under Article 247 of the Revised Penal Code, is destierro a penalty? Explain. c) Did the court correctly order Pete to pay indemnity despite his exoneration under Article 247 of the Revised Penal Code? Explain. (5%)
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Topic: Bar Exam Question Review: Criminal Law (Read 807 times)