Quiz 1

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

1.

(Malversation of public funds)


a. Super Typhoon Yolanda devastated the Province of Leyte and Samar.
Many lives were lost, houses were destroyed, and barangays were
flooded. Lack of food supplies and clean water became the topmost
problem. Many private organizations and individuals offered their
help. Donations were also coming from various sectors of the society.
The Government assigned Mar Kupal, DILG Secretary, to handle,
manage and safeguard the donations from private sectors. Years have
passed, the victims of Yolanda were asking the whereabouts of the
said donations that were supposedly given to them. The Government,
taking the plea of the victims, formed an investigation unit to deal on
the matter. After careful and meticulous investigation, it has been
concluded that Mar Kupal had misappropriated for personal use the
said donations, hence, the filing of criminal case against him for
Malversation of public funds.
i. Is Mar Kupal guilty of the crime charged? Why or why not?
Explain with legal basis.
ii. Would your answer be the same if what is involved are public
funds? Explain with legal basis.
iii. If you are Mar Kupal’s lawyer, what would your defense be?
iv. What if Mar Kupal decided to reimburse the amount of the lost
donations, will he still be criminally liable? If yes, what is the
effect of the reimbursement? If no, explain with legal basis?
v. Assuming that Mar Kupal has a very close friend, Nonoy who
is a private person. Together, they spent for personal use the
said donations. Explain with legal basis Nonoy’s criminal
liability, if any.
vi. Assuming that Mar Kupal was able to prove that the missing
donations were not lost, but instead, were spent for another
public purpose (construction of an International Airport in
Leyte), will Mar Kupal be still criminally liable? If yes, what is
the crime? If no, why? Explain with legal basis.

2. (Parricide)
a. Juan is the father; Juanito is his son. They lived under the same roof,
but both of them hated each other. One fateful evening, out of extreme
anger, Juan decided to treacherously kill Juanito with the use of a
bolo.
i. What is the crime committed? Explain with legal basis.
ii. Will your answer be the same if Juanito is an illegitimate child
of Juan? Explain with legal basis.
iii. Will your answer be the same if Juanito is an adopted child of
Juan? Explain with legal basis.
iv. Will your answer be the same if Juanito is just less than three
days old? Explain with legal basis.
v. Assuming that Karlo, a stranger, helped Juan in treacherously
killing Juanito, what is Karlo’s criminal liability, if any?
Explain with legal basis.
vi. Assuming that Maria, Juan’s common-law spouse, was killed
by Juan, what is the latter’s criminal liability? Explain with
legal basis.

3. (Death under exceptional circumstance)


a. Pedro and Pedrita are legally married. However, Pedrita is secretly
seeing Pedring for almost a year already. Pedro is very innocent on
this. One day, when Pedro was out for work, Pedrita invited Pedring
over in their house. Pedrita and Pedring engaged in sexual intercourse
in the sofa of their living room. Both Pedring and Pedrita are enjoying
their sexual intercourse. When Pedring is about to reach his climax,
Pedro suddenly opened the door. Both Pedring and Pedrita were
surprised. Pedro, out of his overwhelming anger, killed both Pedring
and Pedrita with bolo.
i. What is Pedro’s criminal liability, if any? Explain with legal
basis.
ii. Will your answer be the same if Pedro and Pedrita are not
legally married? Explain with legal basis.
iii. Will your answer be the same if Pedro caught them after the
sexual act has been consummated? Explain with legal basis.
iv. Will your answer be the same if one (1) hour had passed
between the time Pedro caught them in surprise and the time
Pedro killed both of them? Explain with legal basis.
v. Will your answer be the same if Pedro and Pedrita are living
separately? Explain with legal basis.
vi. What is Pedro’s liability if innocent third persons were killed in
the process? Explain with legal basis.
vii. Assuming that Pedring is the father of Pedro, what is/are the
crime/s committed by Pedro after killing Pedring and Pedrita
during their act of sexual intercourse? Explain with legal basis.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy