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b. The clerk of court informs you that there is a fine of P7000 for the crime
committed. What is the gravity of the crime?
7. C is planning to open a comedy bar so she decided to sell her luxury car to her
seatmate J. J writes to her a check of P2Million as payment for the car. Upon
maturity of the check, C decides to go to the bank to encash it. The teller informs C
that the account specified on the check is incorrect. J is not one of the account
holders of the check.
a. If you are the prosecuting attorney and C comes to you, what case
will you file in the information?
b. J was later found guilty and was sentenced to serve Prision Mayor
Maximum to Reclusion Temporal Minimum. The judge failed to apply the
Indeterminate Sentence Law. If you are the appellate court or the Supreme Court,
what will the proper sentence be provided that the accused surrendered voluntarily
and pleaded guilty before the prosecution presented its evidences?
8. N was driving his brand new GTR on the way to the Bar Exam Salubong. Along
the NLEX, another super car owner V was over speeding. V then decided to overtake
a 10-wheeler truck but due to his miscalculation failed to execute it and instead hit
the car of N, causing an accident. N sustained physical injuries and was forced to
stay in the hospital for 45 days. His car was salvaged but needed huge amounts for
its repair.
a. The incident occurred after the Supreme Court decided the case of People
v. Ivler. If you were the defense attorney, how would you defend V if a case of
Reckless Imprudence resulting in Physical Injuries and a case of Reckless
Imprudence resulting in damage to property were filed?
b. What is Reckless Imprudence?