Criminal Law, 2022 Bar — Question 11

ESSAY

On May 15, 2013 at around 3:00 a.m., Lucy, Mary, and Raphael were on board a passenger jeepney, with Raphael behind the wheel. They were traversing the highway on the southbound lane. Meanwhile, a Virgen Bus, driven by Kiko, was traveling along the northbound lane. Kiko overtook the vehicle in front of him, which caused him to occupy the opposite lane where the jeepney was on. With the Virgen Bus traveling at a high speed, Raphael tried to avoid the collision but failed. The bus hit the jeepney which resulted in Raphael's death, serious physical injuries to Lucy and Mary, and extensive damage to the jeepney amounting to Php 500,000.00. The public prosecutor filed two Informations charging Kiko for two separate offenses: (i) Reckless Imprudence resulting in Serious Physical Injuries for the injuries suffered by the passengers; and (ii) Reckless Imprudence resulting in Homicide and Damage to Property for Raphael's death and the damage to the jeepney. Is the public prosecutor correct? Explain briefly. (5 points)

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