Professional Documents
Culture Documents
2. Did Bugoy incur criminal liability? What is the crime committed, if any? Will you sustain the
Bugoy’s defense? Why?
- No I will not sustain the defense of Bugoy. The act of robbery is a felony and caused
someone’s death therefore making Bugoy liable regardless of it being an accident. Bugoy
must be prosecuted for the crime of robbery with homicide because the killing was during a
robbery.
3. c. Robbery may be considered as intrinsically immoral. But as far as the “accidental” killing is
concerned, does Bugoy have moral culpability? Explain your answer.
- According to Kant, wills must always be aimed at what is rational and reasonable. Willing
must always lead us to action that is rational and reasonable therefore if during a robbery,
one has accidentally killed someone, they have used their will incorrectly which made their
act a “choice” that is contrary to reason. For Kant, such act like robbery is irrational and the
subsequent accidental act of killing would also be irrational because the person did not
govern himself in accordance with reason.
For a sin to be mortal, three conditions must exist at the same time.
1. It must be of a grave matter;
2. It must be committed with full knowledge that it is a mortal sin;
3. It must be committed with full consent. [ Full consent means to do it "voluntarily.
1. AF does not mean doing what one wants when one wants to whom he want, but rather the
understanding of who one is. Eveyr human created in the image of god has the natural right to
be recognized as free and responsible being. We all owe each other the duty of respect. It is the
right to exercise freedom especially in moral and religious matters. In the case, yes, Mr is
exercising his authentic freedom because it is his given legal right to sue.
2. Yes, Mr b has legal grounds for invalidating the contract because he was lied to about the
condition of the lot.
3. Yes he may legally agree because as mentioned, the land was classified to as agricultural. After
owning ownership of the land, he has rights to do whatever he wants as long as it is in
accordance with law and his actions afterwards are moral.
CIVIL LAl
1. . How did Christ speak of sin (CFC, 787)? Did Ruth commit a sin? If yes, was it mortal or venial
sin? Explain
- Sin according to Christ is a voluntary transgression of a known law of God. What Ruth
committed was venial sin because her act of signing her name as payee is not much of an
offense to God but rather a failure to observe the prescribed moral law as Jun’s secretary.
Her does not necessarily destroy her relatihonship with God.
2. b. Is Jun legally liable to Marie? Does Jun have moral duty to Marie? Explain.
- Yes, Jun is legally liable to Marie. Jun has the obligation to pay Marie her due for the
payment of goods delivered and the moral duty to inform Marie about the issue that
happened with the check. Marie’s lack of knowledge about the incomplete check would be
detrimental for her.
3. 2. Supposing the check was stolen while in Ruth's possession and a thief filled the blank check,
endorsed and delivered it to Marie in payment for the goods he purchased from her, is Jun liable
to Marie if the check is dishonored? (
- Yes Jun is still liable to Marie because Jun has the duty to ensure that his obligations are
being properly met.
POLITICAL LAW
a. Wanting to be consistent with the provisions of the 1987 Constitution, what is your advice?
- I would advice atty Reyes to identify which path would make him happy and which path
would lead him to doing more goodness. In applying Thomas Aquina’s moral theory, one
must always do what is good and avoid what is evil. If he runs for Public Service but as a
consequence, he fails to act within ethical bounds, then he should not do it.
b. Following the Process of Moral Decision-Making (CFC, 830-842), how would you help Atty. Reyes
arrive at both legally and morally sound decision?
- Following Kantian’s framework about moral decision making, Atty Reyes would land to an
ethical moral decision by being rational and by doing an act for the right reasons. I would
ask Atty. Reyes if he has the right reasons for running for public service and his decision for
such is within his own autonomy and free from outside influences like personal desire. If
atty reyes Knows he will be moving in public office, does a great job with his morals still
intact , then I would suggest he runs for public office.
CRIM LAW
a. When tried for homicide, Osang claimed defense of honor. Should the claim be sustained? Why?
No, he claim should not be sustained. In the case, Osang stabbed Julio after the act was done.
She cannot claim self defense because in Self defense, the first requisite is that there must
unlawful aggression. In the case, the unlawful aggression had ceased to exist when Julio left
therefore the first requisite is not satisfied.
B. 1. Letting julio have sex with her: In this sense, yes the act is justified but the faculty of intellect
applies. Osang letting Julio have sex with her is a manifestation of her failure to seek the truth. Her
initial thinking was that it was her husband with her but since according to Aquinas, human’s cannot
contradict their intellect and its aim to knowing the truth, she was able to realize that the person who
she had intercourse with was not her husband.
2) stabbing him to death: No. stabbing someone is not justified. In this scenario, what applies is the will.
According to Aquinas, the will should always choose to aim at the good. For Aquinas, the basic
command here is to do good and avoid evil. Stabbing someone is irrational and therefore evil.
LABOR LAW:
BEDAN LA
b.. How do you concretely apply the principles of Kant’s Duty Ethics in order for you to
become a true Bedan lawyer as SBCA envisions you to be? (10%)
- To apply Kant’s duty ethics, i must look at all humans worthy of respect and dignity.
According to Kant;s CI, one should “act only by that maxim by which u can, at the same time,
will that it be a universal law” meaning in any type of action I will take in the future, I must
recognize if that action is okay to be copied. If for example, when I become a lawyer, I must
always be just and fair because being just and fair is something that I would like everyone to
copy therefore making the act universal. Another formulation that I must posses that was
mentioned by kant is to never treat other people as a means only but rather as an end.