NISCE, Alyssa Angela R.

12081000 - G06

Pre-Writing Activity
The accident occurred at 5th Street, BGC Taguig. At approximately 1:15, a white Mustang
was smashed into a red Toyota. Although the police determined that the Mustang was
speeding, they concluded that the main cause of the accident was a failure of the Toyota’s
brakes. The investigators found badly worn brakes in the Toyota. Thus, the police issued
ticket violations upon the Toyota’s driver. Otherwise, if no one was injured and no property
was damaged, no charges would be filed.

In this case, the alleged negligence of the Toyota’s driver was not sufficient enough to
establish liability for damages. Negligence is contributory only when it contributes
proximately to the injury, and not simply a condition for its occurrence pursuant to Article 365
of the Revised Penal Code. Since no one was injured and property was damaged, no
charges were filed.

Post-Writing Activity
Yes, Meryll can be criminally liable for the death of Joshua. Article 253 of the Revised Penal
code states that the mere act of assisting another to commit suicide is a crime. Meryll’s pact
cannot be a justifying circumstance to prevent criminal liability since in effect, Meryll killed
Joshua. Although the wrongful act done be different from that which she intended to do, the
felony was committed and thus criminal liability can be incurred pursuant to Article 4 of the
Revised Penal Code. Moreover, the right to life is a right protected by our Constitution.
Hence, Meryll can be criminally liable for the death of Joshua.