Tuesday, January 20, 2009

Philippine bar exam questions 2008 (Crim.Q2)

While Carlos was approaching his car, he saw it being driven away by Paolo, a thief. Carlos tried to stop Paolo by shouting at him, but Paolo ignored him. To prevent his car from being carnapped, Carlos drew his gun, aimed at the rear wheel of the car and fired. The shot blew the tire which caused the car to veer out of control and collide with an oncoming tricycle, killing the tricycle driver.

a) What is the criminal liability of Carlos, if any? Explain. (4%)

b) What is the criminal liability of Paolo, if any? Explain. (4%)

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