TUESTtONS:

1. Mr. A, a 17 year old boy,was convicted of the crimeof Simple Seduction which,underArt. 338 RPC,is punishable with the penaltyof ArrestoMayor. Suppose you were the judge, what specific sentence wouldyou imposeupon him?Explain. 2. Mr. B and Mr. C were bitter rivalsfor the heartof Ms. D. Sensing that Ms. D was favouring Mr. C, Mr. B went to the sari-sari store across the road in front of his houseand drank relentlessly from afternoonuntil evening to assuage the pain in his heart. At about i.0 pm, Mr. C walkedon his way home from courtingMs. D, passing throughthe road near the sari sari store where B was drinking. Mr. B, in his drunkenstate, lookedat Mr. C with disdainas the latter merrily passed him by. Mr. B finished his 3'dbottle of vodkaand startedfollowingMr. C. Catching up with Mr. C at a darkand unlit alleyway, Mr. B surreptitiously approached Mr. C from behindand stabbedhim several times. Mr. C died on the spot. Earlythe next morning,Mr. B woke up. Realizing what he did, Mr. B forthwith surrendered himselfto the nearestpNp station and signeda written confession on what had transpired the night before.Mr. B was charged with Murder which, under Art. 248 RPC, is punishable with the penaltyof Reclusion Perpetua to Death. Upon arraignment, guiltyin open court and affirmedthe contents Mr. B pleaded of his written confession. Surprised by this, the Judge,in accordance with the guidelines set by Peopte v. Apduhan, conducted an in-depth, thoroughand searching inquiryupon Mr. B and his counsel to ascertain whether Mr. B fully and voluntarily understood the meaningof his plea and the import of his inevitable conviction.Mr. B candidly questions answered eachof the Judge's in the affirmative.Suppose you were the judgeWhat modifying'circumstances are present, if any,and how would you consider eachof them in determining penalty the appropriate to imposeupon Mr. B?Explain. What specific sentence wouidyou imposeupon Mr. B? Explain.

d.

b.

3. Corporate-freasurer B got PhP5,000.00from the corporation'spetty cashfund in his custody and usedit in orderto payfor hisson'stuitionfee. Three(3)dayslater,upon beingaskedby the independent auditorto accountfor the funds in his custody,B readilytook out PhP6,000.00 from his pocketand handedit to the auditor,confessing that he needed the moneybecause his son'stuition was overdue. B was charged with Estafa which,underArt. 315 RPC, is punishable with the penaltyof ArrestoMoyor in its maximumperiodto PrisionCorreccional in its minimum period,in view of the amountinvolved.Upon arraignment in open court,B readilypled guilty. you were the judgeSuppose a. Wouldyou convictB? b. What modifying circumstances if any,and how would you consider are present, eachof penalty them in determining the appropriate to impose? Explain, c. What specific sentencewouldyou imposeupon Mr. B?Explain"