(10%)
Tiburcio asked Anastacio to join their group for a “session.” Thinking that it was for a mahjong session,
Anastacio agreed. Upon reaching Tiburcio’s house, Anastacio discovered that it was actually a shabu session.
At that precise time, the place was raided by the police, and Anastacio was among those arrested.
What crime can Anastacio be charged with, if any?
Explain your answer.
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1 comment:
Anastacio cannot be charged with a crime. A crime is committed when criminal intent is accompanied by a criminal act. Regarding the shabu session, not only did he not have any intent to join the illegal session, he also did not perform any act at all that could inculpate him. Regarding his intent to commit gambling (as mahjong is a form of gambling), this is not punishable because criminal intent alone is not a crime.
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