Bernardo, Angelica A.

1K August 22, 2014

Subject: Legal Opinion on the o!ie "racture, #ith regard to the case o$ %ed
&ra#$ord on the ground o$ urder
"acts:
Theodore Ted Crawford, the accused, know that His younger wife goes to a hotel
and has an affair with a police detective. Crawford drives over in a high power sports
car and slips into the hotel room. Crawford drives home and waits for his wifes
return. When she comes in, after a rief calm confrontation, he shoots her in the face!
Then he fires three more shots up at a window. He picks up the spent rass. Throws
his shirt in the fire. Washes gunshot residue off his ody. "espite eing shot in the
face, the cheating wife still has a pulse. #hes taken to the hospital. #hes still alive.
$ut rains dead. %t the police station, Crawford has signed a confession. Hes
charged with frustrated murder.
%t the arraignment, Crawford announces he wants to represent himself. %t the
eginning of the trial, when the police detective who was having the affair with Teds
wife is testifying, Crawford stands up to o&ect. The &udge asks what the o&ection is
and Crawford says 'in ruder terms( this guy was screwing my wife. #uddenly the
police detective leaps across the courtroom and starts pounding Crawford. )n
chamers, Crawford says he threatened the confession out of me. The &udge throws
out the confession.
)n court, Crawford motions for dismissal. The &udge asks if theres any new evidence.
Willy $eachum, the prosecutor, tells the &udge there is no new evidence. The &udge
decided to grant Crawford an ac*uittal.
%fter the case was closed, $eechum continued to search for evidence. Crawford gets a
restraining order against $eachum to stay away from the wife. He taunts $eachum
with the fact that he controls when her reathing tues are turned off. $eachum
desperately gets a court order to keep the life support on ut he arrives at the hospital
room too late. Crawford had her reathing turned off. +ow Crawford has committed
murder.
'ssue:
Whether or not the accused Ted Crawford ',ortrayed y %nthony Hopkins( may still
e prosecuted for -urder after he was ac*uitted in .rustrated -urder ased on the
same facts and Circumstances.
Opinion:
The $ill of /ights stated in the 0123 Constitution, specifically in Sec. 21, Art. (,
provides that +o person shall e twice put in &eopardy of punishment or same
offense. %lso Sec. ) o$ *ule 11) of the /evised /ules of Criminal ,rocedure which
is commonly known as doule &eopardy or twofold risk and in this way gives that
the conviction or ac*uittal of the accused or the dismissal of the case should e a ar
to another action for the offense charged, or for any attempt to commit the same
thereof, or for any offense which essentially includes or is certainly included in the
offense charged in the previous complaint or information. #ince Crawford was
granted an ac*uittal of the frustrated murder case filed against him, he cannot e sued
of the same on the grounds that it will violate Sec. 21, Art. ( of 0123 Constitution and
Sec. ) o$ *ule 11) of the /evised /ules of Criminal ,rocedure
/e*uisites of "oule 4eopardy or Twofold /isk5
)t has een held in a long line of cases that to constitute a doule &eopardy, there must
e5 '0( a valid complaint or information6 '7( filed efore a competent court6 '8( to
which the defendant had pleaded6 and '9( of which was dismissed or otherwise
terminated without his e:press consent 'Constitutional ;aw 7<<3 edition, Cru=, 8>2(.
The numer four re*uisite in doule &eopardy is not present in the facts of the case. )n
the facts, the accused motions for dismissal for the reason that there was no evidence
and he was granted an ac*uittal6 hence, the case was terminated with his e:press
consent, due to the asence of numer four re*uisite, it will not e considered as
doule &eopardy.
)n the case at ar, Ted Crawford signed the waiver allowing the hospital
employees in charge of his wife to pull out the plug which keeps his wife alive, that is
contrary to law, morals, good customs, pulic order and pulic policy. '%rt. ?, +ew
Civil Code of the ,hilippines(. The act of taking away ones life is punishale in the
/evised ,enal Code of the ,hilippines under crimes against persons. %lso, the
Constitution values the dignity of every human person and guarantees full respect for
human rights. '#ec. 00, %rt )), 0123 Constitution(. Thus, even though there was a
voluntary consent of Crawford constituting euthanasia, he is still criminally liale
under ,hilippine laws notwithstanding his intent to kill his wife.
The alternative then of the arraigning attorney was to charge him of an alternate
offense which is of parricide of the situation that the wife of Crawford died after his
ac*uittal. @nder ,hilippine laws, undoutedly the case falls to the nature of parricide.
Art. 24+ of the /evised ,enal Code provides that %ny person who shall kill his
father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or
descendants, or his spouse shall e guilty of parricide and shall e punished y the
penalty of reclusion perpetua to death 'as amended y /.%. +o. 3?>1(
)n conclusion, the accused may still e prosecuted ecause it does not constitute
doule &eopardy. An the other hand, the accused cannot e prosecuted for murder for
the reason that the crime committed falls under parricide.
;aws that may apply5
1. Sec. 21, Art. ''', 1,-) &onstitution
+o person shall e twice put in &eopardy of punishment or same offense.
2. Sec. ) o$ *ule 11), *e!ised *ules o$ &riinal .rocedure
.ormer conviction or ac*uittal6 doule &eopardy. B When an accused has een
convicted or ac*uitted, or the case against him dismissed or otherwise terminated
without his e:press consent y a court of competent &urisdiction, upon a valid
complaint or information or other formal charge sufficient in form and sustance to
sustain a conviction and after the accused had pleaded to the charge, the conviction or
ac*uittal of the accused or the dismissal of the case shall e a ar to another
prosecution for the offense charged, or for any attempt to commit the same or
frustration thereof, or for any offense which necessarily includes or is necessarily
included in the offense charged in the former complaint or information.
However, the conviction of the accused shall not e a ar to another prosecution for an
offense which necessarily includes the offense charged in the former complaint or
information under any of the following instances5
'a( the graver offense developed due to supervening facts arising from the same act or
omission constituting the former charge6
'( the facts constituting the graver charge ecame known or were discovered only
after a plea was entered in the former complaint or information6 or
'c( the plea of guilty to the lesser offense was made without the consent of the
prosecutor and of the offended party e:cept as provided in section 0'f( of /ule 00?.
)n any of the foregoing cases, where the accused satisfies or serves in whole or in part
the &udgment, he shall e credited with the same in the event of conviction for the
graver offense.
(. Art. 24+, *e!ised .enal &ode
%ny person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or descendants, or his spouse shall e guilty of
parricide and shall e punished y the penalty of reclusion perpetua to death 'as
amended y /.%. +o. 3?>1(
4. Article +, /e# &i!il &ode o$ the .hilippines
/ights may e waived, unless the waiver is contrary to law, pulic order, pulic
policy, morals, or good customs or pre&udicial to a third person with a right recogni=ed
y law
0. Section 11, Article '', 1,-) .hilippine &onstitution
The #tate values the dignity of every human person and guarantees full respect for
human rights
.riar1 Sources:
C #ection 70, %rticle ))), 0123 ,hilippine Constitution
C #ec. 3 of /ule 003, /evised /ules of Criminal ,rocedure
C %rticle ?, +ew Civil Code of the ,hilippines
C #ection 00, %rticle )), 0123 ,hilippine Constitution
Secondar1 Source:
,olitical ;aw, 4ustice )sagani Cru=, 7<<3 Ddition