Criminal Law, 2019 Bar — Question B.11-b

ESSAY

Ms. M, a Malaysian visiting the Philippines, was about to depart for Hong Kong via an Indonesian-registered commercial vessel. While on board the vessel, which was still docked at the port of Manila, she saw her mortal enemy, Ms. A, an Australian citizen. Ms. A was seated at the front portion of the cabin and was busy using her laptop, with no idea whatsoever that Ms. M was likewise onboard the ship. Consumed by her anger towards Ms. A, Ms. M stealthily approached the Australian from behind, and then quickly stabbed her neck with a pocketknife, resulting in Ms. A's immediate death. Operatives from the Philippine National Police—Maritime Command arrested Ms. M for the killing of Ms. A and thereafter intended to charge her under the Revised Penal Code (RPC). Ms. M contended that the provisions of the RPC cannot be applied and enforced against her because both she and the victim are not Filipino nationals, and besides, the alleged crime was committed in an Indonesian-registered vessel. (b) Assuming that the provisions of the RPC can be applied against Ms. M, what crime under the RPC should she be charged with? Explain. (2%)

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