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Question V

2009 Bar · Criminal Law · 2 sub-questions

Ponciano borrowed Ruben's gun, saying that he would use it to kill Freddie. Because Ruben also resented Freddie, he readily lent his gun, but told Ponciano: "O, pagkabaril mo kay Freddie, isauli mo kaagad, ha." Later, Ponciano killed Freddie, but used a knife because he did not want Freddie's neighbors to hear the gunshot.
(a)(a) What, if any, is the liability of Ruben? Explain. (3%)
(b)(b) Would your answer be the same if, instead of Freddie, it was Manuel, a relative of Ruben, who was killed by Ponciano using Ruben's gun? Explain. (3%)

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