Question

A postal van containing mail matters, including checks and treasury warrants, was hijacked along a national highway by 10 men, two (2) of whom were armed. They used force, violence, and intimidation against three (3) postal employees who were occupants of the van, resulting in the unlawful taking and asportation of the entire van and its contents.

(a) If you were the public prosecutor, would you charge the 10 men who hijacked the postal van with violation of PD No. 532, otherwise known as the Anti-Piracy and Anti-Highway Robbery Law of 1974? Explain your answer.

(b) If you were the defense counsel, what are the elements of the crime of highway robbery that the prosecution should prove to sustain a conviction? (2012 BAR)

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