EXEMPTING CIRCUMSTANCES (Criminal Law)

Bar Exam Questions and Suggested Answers on Exempting Circumstances (Criminal Law)

QUESTION (2007)

No. IV. a. Macky, a security guard, arrived home late one night after rendering overtime. He was shocked to see Joy, his wife, and Ken, his best friend, in the act of having sexual intercourse. Macky pulled out his service gun and shot and killed Ken.  The court found that Ken died under exceptional circumstances and exonerated Macky of murder but sentenced him to destierro, conformably with Article 247 of the Revised Penal Code. The court also ordered Macky to pay indemnity to the heirs of the victim in the amount of P50,000. Did the court correctly order Macky to pay indemnity even though he was exonerated of murder? Explain your answer. (10%)

SUGGESTED ANSWER:

No, the court did not act correctly in ordering the accused to indemnify the victim. Since the killing of ken was committed under the exceptional circumstances in Article 247, revised Penal Code, it is the consensus that no crime was committed in the light of the pronouncement in People v Cosicor (79 Phil. 672 [1947]) that banishment (destierro) is intended more for the protection of the offender rather than as a penalty. Since the civil liability under the Revised Penal Code is the consequence of criminal liability, there would be no legal basis for the award of indemnity when there is no criminal liability.

ALTERNATIVE ANSWER:

Yes, because the crime punishable by desteirro was committed, which is death under exceptional circumstances under Art. 247 of the Revised Penal Code.


Source: 
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)