LEGAL MEMORANDUM

To: Atty. Rolly Peoro

From: Johnelle Ashley Torres

Date: 15 October 2019

Re: The indiction against the respective Speluncean Explorers of the Speluncean Society
Organization who are convicted for the crime of murder against Roger Whetmore

THE ISSUE

(1.) Is the act of the killing of Roger Whetmore by the respective Speluncean explorers that

took place during the tragic event that they were obstructed inside the cave renders them

guilty of the said crime?

BRIEF ANSWER

(1.) Yes. Based on the facts and evidences present during the event of the murder of Roger

Whetmore; the defendants, who found themselves in this tragic predicament, acted on the

grounds that all the elements for the crime of murder are present. Thus, these explorers

were bound by the laws of the commonwealth wherein if all requisites of murder apply

then whichever appropriate penalty shall apply thereafter.

FACTS

Four defendants known as the Speluncean explorers, including Roger Whetmore, were

members of the Speluncean society which is an amateur organization of amateur explorers of caves.

They entered into the cave, however due to unforeseen circumstances, a landslide occurred that

completely blocked the entrance of the said cave. They waited until someone could rescue the five

of them wherein a temporary camp was established which consist of engineers, workmen, and

geologist, and other experts who may be able to extract these explorers. To no avail, anxiety built

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up among explorers on the fear that they might reach death due to starvation They learnt about a

portable wireless machine which was capable sending and receiving messages which they used in

order to communicate outside the cave.

First, they asked to be informed how long until they are released, the engineers answered

that it would take about ten days. Second, they asked the Physicians if they would likely to survive

without any food for ten more days, the physicians answered that there was only little possibility

for them to survive if that was the case. After eight hours of silence, Roger Whetmore spoke on

behalf of the defendants, and asked if they would be able to survive if they consumed the flesh of

one of their number, the physicians reluctantly affirmed the question. However, none of the

physicians, judge, priest, minister, government officials answered which of them should be

consumed and with this, they planned to use a pair of dice in order to determine who should be

eaten by his companions.

However, Whetmore withdrew and the others contended that he was breaching his faith

prior to the arrangement and continued to cast the dice which in result was thrown against him

thus, placing him to death and getting eaten by his companions. On the 32nd day they were rescued

and it has come to the knowledge of the authorities that Roger Whetmore was consumed charging

all the defendants guilty with the crime of Murder. 1

DISCUSSION

The acts of the Speluncean Explorers

as grounds for Murder

1
Lon L. Fuller, The Case of the Speluncean Explorers, 62 HARVARD LAW REVIEW
(February, 1949).

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 Murder, is any person who shall kill another shall be guilty of murder and shall be punished

by Reclusion Perpetua, to death, according to the Revised Penal Code.

In this case the defendants, in this uneventful happenings, acted upon the fear of death due

to starvation. They have embraced the fact that there is an expedient so frightful and odious that it

led them to the conclusion that the only reasonable way to resolve this situation is to consume

another one of their kind.

Taking these things into consideration, on the amount of time that the explorers were stuck

in the cave, a more probable and less harmful solution could have amended the situation which

could have benefited all of these explorers instead of being charged or convicted with murder.

Another thing that we must take into consideration is the concept that was raised in the discussion

of the case wherein it was discussed that people who are hungry, regardless of their territorial

locations or areas who committed the crime of thievery amongst others are still considered thieves

by the laws of the court, and punished with their corresponding penalties. 2

The case of Louisa Sewell vs Kidderminster Magistrates Court

In the case of a homeless person who stole four packs of Mars bars from

their local convenience store which was the cheapest one she could find.

Louisa Sewell was fined an amount of £328.75. During the hearing,

the lawyer of Sewell explained that she had no money and had not eaten

for days, she stole because she was hungry and desperate to eat thus, the

only reasonable way in order to overcome this was to steal the cheapest

one in the store where it the said crime happened. However, despite

2 The case of the Speluncean Explorers by Ion L. Fuller

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 these efforts, the magistrate contended and said that “we do not really

accept you go into a store and steal just for being hungry”.

This decision was made regardless of the circumstance and explanation

on the side of the defendant3.

In the same case, the explorers had no choice, they had no food to eat. Thus, whether or

not they did this on purpose or out of the fear of death due to starvation on the same case as the

explorers on the cave who had no choice of getting food, the same decision still applies to these

explorers regardless of whatever situation, there are still other more probable ways in order to
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overcome this situation.

APPLICABLE PROVISIONS

Article 248 of the Revised Penal Code5

Article 248. Murder. * — Any person who, not falling within the provisions of Article 246, shall

kill another, shall be guilty of murder and shall be punished by reclusion perpetua** if

committed with any of the following attendant circumstances:

(1) With treachery, taking advantage of superior strength, with the aid of armed men, or

employing means to weaken the defense or of means or persons to insure or afford impunity;

(2) In consideration of a price, reward or promise;

3 The case of Louisa Sewell vs Kidderminster Magistrates Court August 2015

4 The case of the Speluncean Explorers by Ion L. Fuller

5 REVISED PENAL CODE, (2016) art. 248

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(3) By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment

or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with

the use of any other means involving great waste and ruin;

(4) On occasion of any of the calamities enumerated in the preceding paragraph, or of an

earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity;

(5) With evident premeditation;

(6) With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or

outraging or scoffing at his person or corpse. (as amended by R.A. 7659)

CONCLUSION AND RECOMMENDATION

It is clearly shown that the defendants are guilty beyond reasonable doubt for the crime of

murder against Roger Whetmore.

The defendants had a choice to not roll the dice for Whetmore given the fact that the latter tried

to withdraw from the said agreement. The only reasonable judgment as to why the explorers

did not agree that Whetmore be placed out of the roll is due to the fact that if that was the case

then it would give them a more chance of picking themselves.

For example, in the roll, the 5 of them is equal to 100%. Dividing them into five for the

roll of the dice gives them 20% chance of getting chosen as the sacrificial lamb that will be

consummated on the event that they are the one chosen by the game once the dice settles.

However, on the event that Whetmore withdrew, the 20% of the victim was then subdivided

into the remaining four of them giving them an increase of 5% or a total of 25% chance of

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 getting chosen now as the lamb. 6The said act is now done due to selfish acts, and for their own

beneficial. I believe that in the first place, the thought of the act was reasonable on the grounds

of the survival of the fittest, it leaves them no choice but to do the said act however, on the fact

that Whetmore wanted to withdraw and the four did not agree and still continued to roll the

dice on behalf of Whetmore leads me to the conclusion that the consummation of Whetmore

now strongly constitutes the crime of murder.

In the Philippine settings, cases of consummation of another person or more clearly known as

cannibalism has little to none reliable cases yet which could be the basis of jurisdiction on our case.

As for my recommendation, I believe that this type of peculiar case should be taken into

consideration, although it seems odd and less likely to happen it is still inevitable. Once this had

been pondered upon, given proper legislation for future jurisdiction, then it would be easy for our

courts to place decisions and look upon it for future references.

6 Vidya Mitra. Speluncean Explorers, http://vidyamitra.inflibnet.ac.in. (2015º