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Script 5

The document discusses three cases related to the use of motor vehicles during crimes. It analyzes whether using a vehicle qualifies a killing as murder and if escaping using a vehicle can be considered an aggravating circumstance. It also discusses whether an accused surrendering due to public pressure can be considered a mitigating circumstance.

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Eti Villanueva III
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28 views1 page

Script 5

The document discusses three cases related to the use of motor vehicles during crimes. It analyzes whether using a vehicle qualifies a killing as murder and if escaping using a vehicle can be considered an aggravating circumstance. It also discusses whether an accused surrendering due to public pressure can be considered a mitigating circumstance.

Uploaded by

Eti Villanueva III
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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There is no doubt that the motorcycle was used as a means to commit crime and to facilitate

their escape after they accomplished their mission. (People v. Herbias)

It is an obvious fact that a motor vehicle was used in the commission of the crime by
Sanvicente. Using the same doctrine used in People v. Ilag, there is really no need to prove that
San Vicente actually intended to use his motor vehicle as a tool to hurt or injure his victim. To
reiterate, Article 248 of the RPC, listing the qualifying elements for murder, has stated that the
use of a motor vehicle in the act would qualify such a killing to murder. Therefore, the use San
Vicente’s motor vehicle, in itself, already qualifies wha hast happened as frustrated murder. For
argument’s sake, even if San Vicente didn’t originally plan on using his vehicle as the mode to
attack the victim, there is no doubt that San Vicente used his vehicle as a means to escape the
scene. To supplement this, in People v. Herbias, the court appreciated the fact that the use of
motor vehicle as a qualifying circumstance for murder is present in this case, not only because
the motorcycle was used in the commission of the crime itself but also to facilitate their escape
after they accomplished their act.

Furthermore, the circumstances surrounding Sanvicente’s escape are dubious at best, and it
may be argued that his surrender cannot be entertained as a mitigating circumstance. Article 13
of the RPC includes the accused’s surrender and confession as a mitigating circumstance.
However, for this to be appreciated, it must be proven that the surrender was voluntary and
spontaneous.. However, he only surrendered himself due to the immense public pressure and
was even dared by the PNP authorities to surrender to them. Even though it may look like the
accused voluntarily surrendered to the authorities, the circumstances around his surrender
suggest that he was compelled to by external forces rather than a spontaneous, voluntary effort
to acknowledge his guilt and he wishes for the authorities to save time and resources from a
manhunt

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