Criminal Law, 2014 Bar — Question XIV-b

ESSAY

Malo, a clerk of court of a trial court, promised the accused in a drug case pending before the court that he would convince the judge to acquit him for a consideration of P5 million. The accused agreed and delivered the money, through his lawyer, to the clerk of court. The judge, not knowing of the deal, proceeded to rule on the evidence and convicted the accused. (4%) (B) Malo was charged with estafa under Article 315 because he misrepresented that he had influence, when he actually had none. Is the charge correct?

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