Criminal Law, 2019 Bar — Question B.14-b

ESSAY

Mr. X and Mr. Y engaged in a violent fight which Mr. X instigated. This culminated in Mr. X repeatedly smashing Mr. Y's head on the concrete pavement. Thereafter, Mr. X left Mr. Y barely breathing and almost dead. A few minutes after the incident, Mr. X immediately went to the police station to confess what he did and told the police where he left Mr. Y. Fortunately, the police rescued Mr. Y and he survived with the help of timely medical intervention. Mr. X was then charged in court with Frustrated Homicide, to which he openly confessed his guilt upon arraignment. (b) Under the Revised Penal Code, Homicide is punished with the penalty of reclusion temporal. Without applying the Indeterminate Sentence Law, what penalty should be imposed against Mr. X assuming that he is found guilty of the charge of Frustrated Homicide, and that the presence of two (2) ordinary mitigating circumstances have been duly alleged and proven? Explain. (3%)

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