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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Accused T, a barangay treasurer, is charged in a criminal information with malversation of public funds for approving disbursements totaling P420,000 to a private supplier for a barangay-level sanitation improvement project that did not exist. A civil action for damages based on the same misappropriation has been filed by the Municipal Government in the Regional Trial Court, seeking P420,000 plus interest. The civil action raises as essential issues whether the disbursements were authorized and whether the barangay 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.

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Clara

Hello