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Question IV

2007 Bar · Criminal Law · 1 sub-question

Macky, a security guard, arrived home late one night after rendering overtime. He was shocked to see Joy, his wife, and Ken, his best friend, in the act of having sexual intercourse. Macky pulled out his service gun and shot and killed Ken. The court found that Ken died under exceptional circumtances and exonerated Macky of murder but sentenced him to destierro, conformably with Article 247 of the Revised Penal Code. The court also ordered Macky to pay indemnity to the heirs of the victim in the amount of P50,000. Did the court correctly order Macky to pay indemnity even though he was exonerated of murder? Explain your answer. While serving his sentenced, Macky entered the prohibited area and had a pot session with Ivy (Joy's sister). Is Macky entitled to an indeterminate sentence in case he is found guilty of the use of prohibited substances? Explain your answer.

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