IRAC
IRAC
IRAC
• Issue
• Ruling
• Analysis
• Conclusion
Issue
• Answer
• Legal Basis
• Analysis/Application
• Conclusion
• 3 or 4 paragraphs
• Facts
• Issue/s
• Held/Ruling
- Answer
- Legal Basis
- How the Court Applied the Law
- Conclusion
TANADA vs TUVERA
G.R. No. L-63915, 24 April 1985
• Facts:
• The test whether a crime is one or the other is: was the juridical
possession of the thing delivered with it to the offender? If so, then there
is estafa; otherwise, theft results.
• Juridical possession means a possession which gives the transferee a right
over the thing which, in the words of Judge Albert, the transferee may set
up even against the owner.
• Tested by this rule, it is respectfully submitted that A is guilty of estafa.
Estafa is committed by any person who shall defraud another by any of
the following means:
• (1) with ungratefulness or abuse of confidence, (2) by appropriating
money, goods, or other personal property received in trust, for
administration or on commission or under any obligation which imposes
the duty to deliver or return the thing.
• In the instant case, A was given the juridical possession over the trunk,
namely, the possession of a depositary, thereby imposing upon him by
the duty to hold the property in trust and to deliver it to B on demand.
1913 Bar Exam Question (International Law)