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Criminal Law- People of the R.P. vs. Pugay Email address... Submit
THIS CASE IS WITH REGARD TO ART. 3(2) & 8(2) OF THE R.P.C.
"A man must use common sense, and exercise due reflection in all his
acts; it is his duty to be cautious, careful and prudent, if not from
instinct, then through fear of incurring punishment."
Miranda and the accused Pugay are friends. Miranda used to run
errands for Pugay and they used to sleep together. On the evening of
May 19, 1982 a town fiesta was held in the public plaza of Rosario
Cavite. Sometime after midnight accused Pugay and Samson with CASES BY TOPIC
several companions arrived (they were drunk), and they started absurd conclusion (3)
making fun of Bayani Miranda. Pugay after making fun of the Bayani,
Attorney's Fees (1)
took a can of gasoline and poured its contents on the latter, Gabion
Battered Woman Syndrome (1)
(principal witness) told Pugay not to do the deed. Then Samson set
Bouncing Checks (1)
Miranda on fire making a human torch out of him. They were arrested
the same night and barely a few hours after the incident gave their Conspiracy (1)
written statements. Construction of Insurance Policy (1)
Criminal Law (10)
ISSUES OF THE CASE: Criminal Law 2 (2)
culpa aquiliana (1)
Is conspiracy present in this case to ensure that murder can be the Culpable felony (1)
crime? If not what are the criminal responsibilities of the accused?
Damages (3)
Delay (1)
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Since there was no animosity between miranda and the accused, and Insanity (1)
add to the that that the meeting at the scene of the incident was Insurance (2)
purely coincidental, and the main intent of the accused is to make interest (3)
fun of miranda. Justifying Circumstance (1)
Since there is no conspiracy that was proven, the respective criminal law is clear (2)
responsibility of Pugay and Samson arising from different acts
Legal Profession (1)
directed against miranda is individual NOT collective and each of
Legislature (2)
them is liable only for the act that was committed by him.
minority (1)
**Conspiracy may be implied from concerted action of the assailants Mitigating (3)
in confronting the victim. ObliCon (13)
Parricide (1)
Criminal Responsibilities: Political Law (2)
PUGAY: Having failed to exercise diligence necessary to avoid every Potestative Condition (2)
undesirable consequence arising from any act committed by his Power of Inquiry (1)
companions who at the same time were making fun of the deceased.
Quantum Meruit (2)
- GUILTY OF RECKLESS IMPRUDENCE RESULTING TO HOMICIDE
Quasi- Contract (2)
Quasi- delicts (1)
SAMSON:Since there are NO sufficient evidence that appears in the
record establishing qualifying circumstances (treachery, conspiracy). R.A. 9262 (1)
And granted the mitigating circumstance that he never INTENDED to Rape (1)
commit so grave a wrong. - GUILTY OF HOMICIDE rebellion (2)
Reciprocal Obligations (1)
HELD: Robbery (1)
JUDGEMENT OF THE LOWER COURT WAS AFFIRMED WITH Security (1)
MODIFICATIONS. JUDGEMENT FOR GUILTY BEYOND REASONABLE
Self- defense (2)
DOUBT FOR MURDER WAS LOWERED TO THE ABOVE JUDGEMENTS.
Sources of Contracts (1)
statutory construction (9)
I hope this helps.
Strict Interpretation (1)
Jeff David title (1)
Treachery (1)
POSTED BY JEFFDAVID1986 AT 5:21 PM
unconscionable (1)
LABELS: CRIMINAL LAW, CULPABLE FELONY, HOMICIDE
REACTIONS: funny (0) interesting (1) cool (0)
AUSL- Jurisprudence
1 COMMENT:
House of Representatives- Statutes
Merriam-Webster Dictionary -
masterassassin June 28, 2011 at 6:40 AM Definitions
thanks
Reply
HI! WELCOME TO MY BLOG.
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Thanks again,
Jeff David
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