I.

The crime of Malversation is committed only by a public officer or employee

accountable for public funds or property that is misappropriated.

II. The instances when a private person may commit malversation are as follows:
a. When he conspires with a public officer in committing malversation;
b. When he becomes an accomplice or accessory of a public officer in
committing malversation; and
c. When he is made a custodian of public funds or property and he
misappropriates the same.

III. No. The move was illegal. There was misappropriation of public funds because the
fund intended for the purchase of two (2) fire trucks was used to finance another
public use.
In the case at hand, the public officers who misappropriated the funds are liable for
Illegal use of public funds of technical malversation.
IV. No. Susan is not liable for parried, if the offender is a spouse, they must be legally
married to make the offender liable for parricide. At most, Susan is liable for
Homicide or Murder as the case may be.

V. Susan is liable for parricide. The crime is based on her relationship with the victim.
Bruno is not liable for parricide because the relationship of husband and wife pertains
only to Susan. Relationship is personal to her.

Bruno is liable for Murder. He killed Johnny with treachery, a qualifying aggravating
circumstance that catapults the crime to Murder.

VI. Yes. Johnny is liable. He did not catch Bruno and Susan in flagrante delicto. Bruno
and Susan were still in the preparatory acts. Johnny was not therefore justified in
killing them. When Johnny fired his gun at them, he was not performing a lawful act.
He was committing a felony. For killing Susan, he is liable for Parricide. For the
death of Bruno, he is liable for Homicide. For the death of the peeping tom George,
he is liable also for Homicide.

VII. John committed the crime of Giving assistance to suicide. Malou was determined to
commit suicide and John cooperated in the execution thereof.

VIII. No, the charge is not correct. Whether the person who wants to commit suicide does
or not, the person who assisted him is liable for the crime of giving assistance to
suicide. The law provides that if the suicide is not consummated, the penalty or
arresto mayor in its medium and maximum periods shall be imposed. Therefore, there
is no such crime as Attempted giving assistance to suicide or frustrated giving
assistance to suicide.
IX. Firing of a gun is Illegal discharge of firearm if a person fired his gun at another
without intent to kill. It is attempted homicide if a person fires his gun at another
person with intent to kill but does not inflict a mortal or serious wound. It is alarm
and scandal if a person fires his gun in a public place causing alarm or danger.

X. It depends.
If the child was three (3) years old or more when he was killed, Angelica is liable for
Parricide. Under the law, killing of a child whether legitimate or illegitimate is
Parricide. For his part, Jake is liable for Murder. Settled is the rule that killing of a 3-
day old child is Murder qualified by treachery. It is not parricide because Jake is not
related to the child by blood. Relationship of mother and child is personal to
Angelica. It cannot affect the liability of Jake.
If the child is less than 3 days old when he was killed, both Angelica and Jake are
liable for Infanticide. Under the law, killing of a child less than 3 days old is
Infanticide regardless of the relationship between the child and the offenders.
XI. Page 327
XII. 335
XIII. 343