Tuesday, January 20, 2009

Philippine bar exam questions 2008 (Crim.Q9)

Dennis leased his apartment to Myla for P10,000 a month. Myla failed to pay the rent for 3 months. Gabriel, the son of Dennis, prepared a demand letter falsely alleging that his father had authorized him to collect the unpaid rentals. Myla paid the unpaid rentals to Gabriel who kept the payment.
a) Did Gabriel commit a crime? Explain. (4%)
b) Can Gabriel invoke his relationship with Dennis to avoid criminal liability? Explain. (3%)

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