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1.

The crime committed in this case is Murder, penalized under Article 248 of the
Revised Penal Code wherein the acts perpetrated by both the accused were
resulting in the death of Leo were accompanied by aggravating circumstances,
namely:
a) The commission of the crime was premeditated considering it was planned
beforehand as evidenced by the co-accused, Alain, ordering Alan to
perpetrate their planned crime by stabbing Leo. As such evident
premeditation exists in the commission of the offense the same is classified
as a modifying aggravating circumstance in accordance to Article 14 (13) of
the Revised Penal Code.
b) The commission of the crime was done under the veil of darkness and as
such utilized stealth as a means to their advantage. As such the crime being
committed in the night is an aggravating modifying circumstance in
accordance with Article 14(6) of the Revised Penal Code.
c) The commission of the crime was done in an uninhabited place specifically
a bench outside the supermarket in Colon St. where the perpetrators used
the lack of witnesses to their advantage. As such the crime being committed
in an uninhabited place is an aggravating modifying circumstance in
accordance with Article 14(6) of the Revised Penal Code.
d) The commission of the crime was executed with treachery wherein the
accused, Alan, intentionally dropped his pen in order for the victim, Leo, and
the witness, Louie, to lower their guard in order for the accused to take
advantage of the same. As such the crime being committed with treachery
the same is an aggravating modifying circumstance in accordance with
Article 14 (16) of the Revised Penal Code.

2. Both Alan and Alain are co-principal parties of the offense. Alan is a principal
accused by direct participation in accordance to Article 17 of the Revised Penal
Code considering it was by his direct actions of stabbing Leo that resulted to his
death. Alain, on the other hand, is a principal by indispensable cooperation under
Article 17 of the Revised Penal Code wherein had he not participated in the assault
and eventual offense the same would not have been committed absent his order
to initiate the planned stabbing.

3. Considering the crime alleged requires a preliminary investigation for having a


penalty of more than 4 years, 2 months, and 1 day in accordance with Rule 112
Section 1. The appropriate initiatory pleading in accordance with Rule 112, Section
3 of the Revised Rules on Criminal Procedure would be to file a complaint attaching
thereto the affidavits of witnesses and other supporting evidences to be sworn
before the investigating officer whom will examine the validity of its contents and
decide whether their exists probable cause to arrest the accused after which the
investigating officer would file his information before the appropriate court
possessing jurisdiction over the accused.

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