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[CHRISTIAN VALUES FINALS EXAM MARK RAINER Y.

PCU-LAW LOZARES]

1. Who is a “Child?”

A term “Child” or “Children” in its plural form, is defined by Republic Act 7610 also known
as “An Act Providing For Stronger Deterrence And Special Protection Against Child Abuse,
Exploitation And Discrimination, And For Other Purposes;” refers to a person below eighteen (18)
years of age or those over but are unable to fully take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or
condition;

2. Is a “Child in Conflict with the Law” criminally liable? Explain.

According to Section 6 of Republic Act 9344 also known as “An Act Establishing A
Comprehensive Juvenile Justice And Welfare System, Creating The Juvenile Justice And Welfare
Council Under The Department Of Justice, Appropriating Funds Therefor And For Other Purposes,”
a “Child in Conflict with the Law" is not criminally liable.

A child fifteen (15) years of age or under at the time of the commission of the offense shall be
exempt from criminal liability. However, the child shall be subjected to an intervention program
pursuant to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance
with this Act.

The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.

3. Define ”Cruelty” as understood under the provisions of Republic Act No. 7610.

Under the provisions of Republic Act No. 7610, “cruelty” is a kind of “Child Abuse” which
refers to the maltreatment, whether habitual or not; and the State to provides a policy for special
protection to children from all firms of such and any person who shall commit any other acts of child
abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child's
development shall be penalized.

4. When is an arrest valid?

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[CHRISTIAN VALUES FINALS EXAM MARK RAINER Y.
PCU-LAW LOZARES]

As provided by Rule 113, of the Revised Rules of Criminal Procedure an arrest is valid when;
According to Section 5, a peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;

(b) When an offense has just been committed and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another.

In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with
section 7 of Rule 112.

Sec. 7. Method of arrest by officer by virtue of warrant.

– When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the
cause of the arrest and the fact that a warrant has been issued for his arrest, except when he flees or
forcibly resists before the officer has opportunity to so inform him, or when the giving of such
information will imperil the arrest. The officer need not have the warrant in his possession at the time of
the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon
as practicable.

Sec. 8. Method of arrest by officer without warrant. – When making an arrest without a warrant, the
officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the latter is
either engaged in the commission of an offense, is pursued immediately after its commission, has
escaped, flees, or forcibly resists before the officer has opportunity to so inform him, or when the giving
of such information will imperil the arrest.

5. Write an Essay entitled “I am a Christian Lawyer” (discussion should be in the light of the sound
Christian Values).

I am a Christian Lawyer

My guiding moral principle is that I will never put my role as a future-lawyer ahead of my role as
a human being. If upholding my obligations as a future lawyer would cause me to do something I
believed was completely wrong, I would prefer to risk being disbarred but still maintain respect for
myself as a human being.

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[CHRISTIAN VALUES FINALS EXAM MARK RAINER Y.
PCU-LAW LOZARES]

I believe in a world where all people can find justice. However, we live in a society where many
people do not have a voice or access to our country's legal system. I want to help educate people about
their rights so that one day everyone will find justice.

My moral compass has been set by a combination of my religious beliefs and my life experience.
Our Religion teaches us that we should all live as how Jesus lived and follow his examples. This means to
be kind, compassionate, and fierce in our protection of what is good and right, and equally fierce in our
condemnation of what is wrong. Unfortunately, right and wrong are not always clearly delineated.

I believe it is fundamental that I act within my individual ethical code and am not influenced by
those around me. The guiding principle in that code is an adherence to integrity and honesty. I can live
with mistakes, people not liking my personality, etc. However, I always want to be known as a person
with great integrity and honesty-as a person who does what he says and never compromises his ethical
foundation, regardless of outside pressures.

Unfortunately, justice—or the practice of law—can often be an easy excuse for inhumanity. I
hope to maintain some humanity while advocating what is just within our system. In its simplest form,
this principle is perhaps best stated as: First, do no harm.

In all that I do, my aim is to deal fairly with everyone. In determining what is fair, I place myself
in the other person’s shoes. I ask, "How would I want to be treated in this same circumstance, and how
would I expect to be treated in this circumstance?"

My ethics as a future attorney will revolve around one thing: honesty.

There is nothing more fundamental in the legal profession or, for that matter, in any profession
than to be an honest person, whether it be to oneself, to a client, or to a legal partner; the best policy is to
be straightforward to others. Shadowing the trust, even a little bit, will always come back to haunt a
person.

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