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Question 12

2023 Bar · Criminal Law · 1 sub-question

12. Timoteo recently lost his job as a security guard at Kabayan Corporation. He blamed his termination on his former co-worker, Tales, because the latter was allegedly badmouthing him at their workplace. One day, Timoteo went back to the company premises to retrieve his things. When he saw Tales, a heated exchange ensued between the two. Timoteo then pulled out his gun and shot Tales in the neck. When the latter dropped to the ground, Timoteo approached him, kneeled on top of him, and shot him in the head, instantly killing Tales. Timoteo tried to escape but his other former co-workers caught him. Timoteo was then charged with Murder, with treachery as a qualifying circumstance. Is Timoteo guilty of Murder? Explain.

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