LSaF

Question

Andy paid Billie PHP 50,000.00 to kill Charlie. Thereafter, Billie went to the house of Charlie and found him sound asleep. Billie took this opportunity stabbed Charlie to death. The trial court convicted Andy and Billie of the crime of murder with aggravating circumstances of reward and treachery. Under Article 248 of the Revised Penal Code as amended by Republic Act No. 7659, the prescribed penalty for murder is reclusion perpetua to death. Considering that there are two aggravating circumstances, the trial court imposed upon Andy and Billie the penalty of reclusion perpetua without benefit of parole in lieu of death penalty in accordance with Republic Act No. 9346 or the law prohibiting the imposition of death penalty. Only Andy elevated the case to the Court of Appeals. Andy questioned the penalty and argued that he should only be liable for homicide with the prescribed penalty of reclusion temporal because the circumstances of reward and treachery cannot be appreciated against him. Decide what crime Andy committed and impose the proper penalty. Explain. (2024 BAR)

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