2010 Criminal Law, Q4

Because of the barbarity and hideousness of the acts committed by the suspects/respondents in cutting off their victims’ appendages, stuffing their torsos, legs, body parts into oil drums and bullet-riddled vehicles and later on burying these oil drums, vehicles with the use of backhoes and other earth-moving machinery, the Commission on Human Rights (CHR) investigating team recommended to the panel of public prosecutors that all respondents be charged with violation of the “Heinous Crimes Law.” The prosecution panel agreed with the CHR. As the Chief Prosecutor tasked with approving the filing of the Information, how will you pass upon the recommendation? Explain. (5%)

Quick check

What is the legal character of Republic Act No. 7659 (Heinous Crimes Law)?

What was the statutory effect of Republic Act No. 9346 on the Heinous Crimes Law?

How does cutting off body parts and burying corpses affect the criminal charge for killing a victim?

Why is an Information charging a direct 'violation of RA 7659' legally defective?

What qualifying circumstance under Article 248 RPC is present when an offender scoffingly dismembers a victim's corpse?

Learn more about these topics

1. Nature of Law
Republic Act No. 7659, otherwise known as the Heinous Crimes Law, does not create or define distinct, standalone criminal offenses. Instead, it is an amendatory statute that merely prescribed the death penalty for specific heinous felonies already defined under the Revised Penal Code and special penal laws. Following the passage of Republic Act No. 9346, which prohibited the imposition of the death penalty, the statutory effect of RA 7659 was modified to prescribe reclusion perpetua without eligibility for parole. Consequently, an information cannot charge an accused with a direct violation of RA 7659.

2. Murder and Cruelty
Under Article 248 of the Revised Penal Code, the unlawful killing of a person constitutes murder when attended by qualifying circumstances such as cruelty or outraging at the corpse. Cruelty requires that the offender deliberately and inhumanly augmented the victim's suffering before death. Outraging at or scoffing at the victim's corpse occurs when the offender performs hideous or disgraceful acts upon the body after death, such as dismemberment, decapitation, or stuffing body parts into oil drums. Such hideous acts qualify the killing to murder under the Revised Penal Code.

3. Role of Prosecutors
Public prosecutors are duty-bound to evaluate police and administrative investigation recommendations in accordance with established penal statutes. When an investigating body erroneously recommends charging an accused under an amendatory law that defines no separate felony, the Chief Prosecutor must disapprove the recommendation. The prosecutor must reclassify the offense and file the proper Information for Murder under Article 248 of the Revised Penal Code, explicitly alleging the qualifying circumstances of cruelty, treachery, or outraging at the corpse. This ensures that the Information complies with the constitutional right of the accused to be informed of the charge.

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