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Question 19

2023 Bar · Criminal Law · 1 sub-question

19. Before Milet drove to the public market one Sunday, she organized her money by bundling together her dollars worth US$4,000 and placed ₱20,000 in an envelope. She drove to the market, bought shrimps and oysters, then hurried back home to prepare lunch. While she was unloading the food from her car, the bundled US$4,000 unknowingly fell from her bag and rolled over to the sidewalk. At that moment, a lato-lato, owned by 13-year-old Henri, suddenly flew near the Page 6 of 7 car of Milet. When Henri retrieved his lato-lato, he saw the bundled money and secretly picked it up. On his way home, Henri bumped into their gardener, Junie, who saw him carrying the bundled money and grabbed it from him. After hearing where Henri got the money from, Junie took US$2,000 as his balato. Junie immediately exchanged the money to Philippine currency and bought an Omega x Swatch MoonSwatch, a Gucci belt, and the latest Samsung phone. Junie was later arrested and charged with Theft. Junie argued that he could not be liable since he was not the one who found the money. Is Junie correct? Explain.

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