2017 Criminal Law, Q7

Bernardo was enraged by his conviction for robbery by Judge Samsonite despite insufficient evidence. Pending his appeal, Bernardo escaped in order to get even with Judge Samsonite. Bernardo learned that the judge regularly slept in his mistress’ house every weekend. Thus, he waited for the judge to arrive on Saturday evening at the house of his mistress. It was about 8:00 p.m. when Bernardo entered the house of the mistress. He found the judge and his mistress having coffee in the kitchen and engaging in small talk. Without warning, Bernardo stabbed the judge at least 20 times. The judge instantly died.
Prosecuted and tried, Bernardo was convicted of direct assault with murder. Rule with reasons whether or not the conviction for direct assault with murder was justified, and whether or not the trial court should appreciate the following aggravating circumstances against Bernardo, to wit: (1) disregard of rank and age of the victim, who was 68 years old; (2) dwelling; (3) nighttime; (4) cruelty; and (5) quasi-recidivism. (10%)

Quick check

Why is the conviction for direct assault complexed with murder justified when a judge is killed due to a past decision?

Why is disregard of rank NOT appreciated as an aggravating circumstance in a direct assault prosecution?

Why does the aggravating circumstance of dwelling NOT apply when the victim judge was killed in his mistress's house?

What is required for cruelty to be appreciated as an aggravating circumstance in a murder prosecution?

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Why does quasi-recidivism under Article 160 of the Revised Penal Code NOT apply if the prior conviction is pending appeal?

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1. Direct Assault Complex
Under Article 148 of the Revised Penal Code, direct assault is committed by attacking a public officer or person in authority while engaged in the performance of official duties or on the occasion of such performance. Killing a judge out of resentment for a decision rendered in a previous case constitutes direct assault complexed with murder under Article 48, because the attack was motivated by the past performance of official judicial functions.

2. Aggravating Circumstances Evaluation
Aggravating circumstances must be strictly construed and established beyond reasonable doubt. Disregard of rank is absorbed in direct assault against a person in authority. Disregard of age requires deliberate intent to insult the victim's age. Dwelling applies only if the crime was committed in the victim's own home, not in another's house. Nighttime requires proof that darkness was deliberately sought to facilitate the crime. Cruelty requires proof that the offender intentionally augmented the physical suffering of the victim before death.

3. Quasi Recidivism Requisites
Under Article 160 of the Revised Penal Code, quasi-recidivism requires that the offender commit a new felony after having been convicted by final judgment before serving or while serving sentence. If the prior conviction for robbery is pending appeal, the conviction has not yet attained finality. Consequently, the offender cannot be considered a quasi-recidivist, and the special aggravating circumstance of quasi-recidivism cannot be appreciated against him.

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