Professional Documents
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POSITION PAPER
Members:
Submitted to:
Date Submitted:
EH309
30 August 2017
I. Issue:
IV. Arguments:
1 Republic v. Sandiganbayan, G.R. No. 104768, [July 21, 2003], 454 PHIL 504-642
2 Spouses Imbong v. Ochoa, Jr., G.R. Nos. 204819, [April 8, 2014], 732 PHIL 1-99
intention to do a reprehensible act against the society, in
fact, the society recognized their goodness by rescuing
them and sacrificing lives in the process.
3 Secretary of Justice vs. Koruga, G.R. No. 166199 April 24, 2009
4 Chavez vs. Judicial Bar Council, G.R. No. 202242 July 17, 2012
circumstance would not permit a reasonable conviction.
Making it within the corners of the law is absurd and
oppressive not only to the explorers themselves but most
especially to those who sacrificed their lives for the
recovery of the remaining explorers.
7 Luis B. Reyes, The Revised Penal Code Criminal Law Book 1 Articles 1-113 (19th Ed. 2017) (pg. 209)
8 Ibid., at reference 7 supplying the requisites of Article 11 paragraph 4
9 Ibid., at 8
sacrifice of the life of one. Lastly, the situation itself
correlates with the third requisite of 10 Article 11
paragraph 4 (3) of the RPC which states That there be no
other practical and less harmful means of preventing it.
This justification shows when Whetmore asked on behalf
of himself and his companions the probability of survival
in consuming ones flesh. In addition to the justification,
Whetmore even inquired if it would be better if they cast
lots as to who among them should be eaten. They sought
advices first before a judge or official of the government,
physicians and even a priest or minister, who were all
present at that time yet not one of them gave an answer.
We can correlate the maxim of the Revised Penal Code
which states actus reus non facit reum nisi mens sit rea -
the act is not criminal unless the mind is guilty and the
situation aforementioned. Thus, they did not constitute a
crime.
10 Ibid., at 8
11 People vs. Petenia, No. L-51256, August 12, 1986, 143 SCRA 361, 369
12 People vs. Bagalawis, 78 Phil. 174
13 Republica vs. M'Carty, 2 Dall., 36; 1 Law ed., 300, 301, cited in, Ibid. at 7 (pg. 247)
In the case of People vs. Regala, et al., G.R. No. L-1751, May
28, 1951, 14Timoteo Montemayor was accused of murder,
for having told his two companions to fetch shovels and
dig a grave and for having walked behind Hukbalahap
killers to the place of the execution of the victim. It
appears that the two Hukbalahaps were ruthless killers
and were then in a mood to inflict extreme and summary
punishment and were then in a mood to inflict extreme
and summary punishment for disobedience to the
command. The place was isolated, escape was at least
risky, and protection by lawfully constituted authorities
was out of reach. The accused was acquitted, for having
acted under the impulse of uncontrollable fear of an equal
or greater injury.
f.1 The cells of your brain rely on energy from food just like
any other cell in the body. Without the nutrition that food
supplies, both your neural function and brain chemistry
can be negatively impacted. This in turn affects just about
every facet of your bodily function that the brain is
involved in, including concentration, memory, sleep
patterns, mood and your motor skills.
16 (http://www.livestrong.com/article/482050-how-does-
not-eating-affect-the-brain/)
14 People vs. Regala, et al., G.R. No. L-1751, May 28, 1951, cited in Ibid. at 7 (pg. 247)
15 U.S. vs. Exaltacion, 3 Phil. 339, cited in Ibid. at 7 (pg. 245)
16 Chris Sherwood, How Does Eating Affect the Brain?, Malnutrition and the Brain, available at
17 Carolyn Gregoire, This Is What Feeling Hungry Does To Your Brain, available at
http://www.huffingtonpost.com/entry/hunger-decision-making-
study_us_5715402fe4b0018f9cbacbe5 last visited on April 19, 2016
18 Max-Plank-Gesellschaft, Hunger Affects Decision Making and Perception of Risk, involves the study
21 Sacrifice
is defined by Robert Phillips as giving up
something for a greater good, whatever that good may be,
as an expression of love for God and man, so as to
enhance not only that greater good, but also the value of
what is given as well as the life of the one who gave it.
(soundfaith.com)
19 Justin Caba, Hangry Is A Real Thing: Hunger Pang Not Only Worsen Your Mood, But Trigger the
Risky Behavior, available at http://www.medicaldaily.com/hangry-real-thing-hunger-pangs-not-
only-worsen-your-mood-trigger-risky-behavior-247129 last visited on June 25, 2013
20 Nate Kornell Ph.D., When Hunger Leads to Anger: Noticing External Influences on Mood, available at
https://www.psychologytoday.com/blog/everybody-is-stupid-except-you/201106/when-hunger-
leads-anger-noticing-external-influences-mood last visited on June 13, 2011
21 Robert Phillips, Elements of Sacrifice, Sermons, available at
V. Conclusion:
23 Joaquin G. Bernas, S.J., The 1987 Constitution of the Philippines: A Comentary (2009 Edition) (pg. 64)