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1. A killed B. A approached you and confessed the crime he committed.

As his defense
counsel, what should you do about his confession? What course will you take if you
appear for him in court?
- If I am A’s defense counsel, I would still do my duty as a lawyer because it is my legal
responsibility. It is still my duty to provide my client a defense for his crime. Of course, I
would still try to ask him if he would like to admit what he confessed to me and do my
very best to help him get the minimum sentence, considering all justifying and mitigating
circumstances. Even if he is found guilty during the process, I will still try my best to
provide him with vigorous defense.

2. Due to poverty, you have been left with nothing except for a used toothbrush. Hence, you
are now forced to sell a used toothbrush in order to buy food. How will you convince
your buyer to buy your used toothbrush?

3. Explain:
a. A rose is beautiful because it has thorns.

This means that the rose is beautiful because of its thorns. There are so many flowers that
are equally beautiful, but Rose stands out more due to its thorns. People need to be
careful of pricking their hands with the thorns while they get and enjoy the beauty of
rose. Just like in life, we appreciate the beauty of life due to the struggles and challenges
in life. In law school, being a lawyer is beautiful but you appreciate it more because of all
the challenges you will face all throughout your journey.

b. Justice Delayed is Justice Denied.

Justice delayed is justice denied is a legal maxim which means that if legal redress or
equitable relief to an injured party is available, but is not forthcoming in a timely fashion,
it is effectively the same as having no remedy at all. Such as for example, a man who
allegedly killed someone, he got detained for 3 months without definite proof against
him, his lawyer then has been so busy with all his cases and was not able to assist
immediately the man, then later on the real perpetrator was captured, the man's justice has
been delayed and as if justice has been denied to him because he could have achieved
justice long ago but due to unspeedy and slow trial and procedure he suffered instead.

c. Ignorance of the law excuses no one from compliance therewith.


The legal principle of Ignorantia legis non excusat (ignorance of law excuses no one) is
derived from the Roman law. This is a legal principle that states that not having
knowledge of a law is not an excuse for breaking it. This means that if someone breaks
the law, he or she is still liable even if they had no knowledge of the law being broken.
He or she will still be punished.

4. A, a 16-year old virgin got married to B, a septuagenarian. On the first night of their
marriage, B tried his best to satisfy A and in the course of their midnight romance, he
suffered from heart attack and immediately died. A immediately ran away for fear of her
life. B’s family members are now running after A, claiming that A killed B. A went to
you for legal assistance; to represent her in the case to be filed by B’s family members
against her and to claim her successional rights over B’s estate. As his defense counsel,
how will you represent her in both cases?
- As A’s defense counsel, I will represent her in both cases. In the first case to be filed by
B’s family members where the cause of death was heart attack, for which she could not
be held responsible for the death of B. Under Article 3 of RPC, the act is performed
with deliberate intent (with malice). The offender, in performing the act or in
incurring the omission, has the intention to cause an injury to another. In culpable
felonies, the act or omission of the offender is not malicious. The injury caused by
the offender to another person is "unintentional, it being simply the incident of
another act performed without malice." A did not commit a felony because she has no
intention to cause injury to B. Thus, A will not be held liable.
- In the second case on claiming her successional rights over B’s state. Under the
Philippine law of intestate succession, if the decedent left no will, the compulsory heirs
(spouse and children) will automatically inherit the state of the decedent at the time of
death. The estate includes both real and personal properties owned by the decedent. Thus,
A has the right to claim her successional rights as a surviving spouse.

5. One day, a 7-year old child went to you and asked for advice. He intends to choose
between his father and mother, as they are in the process of separating. His parents are
asking him to choose which parent he would like to live with. As an adult and lawyer,
what advice will you give the child?
- As an adult, I would advise the 7-year-old child to ask for the assistance of a social
worker to assess the father and the mother who best fit to be the guardian of the minor as
well as to guide them on what process to be done as for the child concern. As lawyer I
would educate the child about the general rule, 7-years old below shall be in the custody
of the mother unless the mother is unfit to be the guardian. Thus, the best interest of the
child shall be of utmost priority.

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