2016 (Criminal Law) Bar Exam Questions: Question 13

[Answer/discuss the question below, or see 2016 bar exam Criminal Law Instructions; 2016 Mercantile Law questions: 123456789101112141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-XIII-

Domingo is the caretaker of two (2) cows and two (2) horses owned by Hannibal. Hannibal told Domingo to lend the cows to Tristan on the condition that the latter will give a goat to the former when the cows are returned. Instead, Tristan sold the cows and pocketed the money. Due to the neglect of Domingo, one of the horses was stolen. Knowing that he will be blamed for the loss, Domingo slaughtered the other horse, got the meat, and sold it to Pastor. He later reported to Hannibal that the two horses were stolen.

[a] What crime or crimes, if any, did Tristan commit? Explain. (2.5%)

[b] What crime or crimes, if any, were committed by Domingo? Explain. (2.5%)

2 comments

  1. Both are liable of Estafa with unfaithfulness or abuse of authority by misappropriating to the prejudice of another any personal property received by the offenders in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or return the same.

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