Log In Create Account
Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Question Type
Question Source
0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
Next

Question

Accused R, a city treasurer, is charged in a criminal information with malversation of public funds for allegedly misappropriating P1,100,000 by approving payments on a road-maintenance project with a private contractor that did not exist. A civil action for damages based on the same misappropriation has been filed by the City in the Regional Trial Court, seeking P1,100,000 plus interest. The civil action raises essential issues whether the road-maintenance contract actually existed, whether the payments were actually made, and whether the City suffered a recoverable loss. (a) Identify the doctrine involved and the controlling rule. (b) Do a prejudicial question analysis: does a prejudicial question exist in these facts? Explain with the elements and reasoning. (c) If a prejudicial question exists, what is the proper procedural remedy and why? If no prejudicial question exists, outline the alternative path for the prosecution.

Choose the Best Answer

Clara

Hello