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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSL. Generality Principle of Penal Laws (Civil Code, Art. 14)

Question

Question:

Mr. Garcia is a software engineer working for a reputable IT company in the Philippines. One day, he received an email from his friend, Mr. Santos, containing dozens of confidential company files. The email stated that the files contained trade secrets of a competitor and encouraged Mr. Garcia to use the information to gain an advantage in his career.

Unsure of what to do, Mr. Garcia seeks legal advice. His lawyer informs him about the Generality Principle of Penal Laws, which states that penal laws are to be construed strictly against the State and liberally in favor of the accused. His lawyer advises him that it is unlikely that he will be held liable for any offense since he did not initiate nor participate in any unlawful activity.

Analyzing the situation, Mr. Garcia decides to use the confidential information to gain a competitive edge. He starts using the trade secrets to develop a cutting-edge product for his own business venture.

Discuss Mr. Garcia's actions in relation to the Generality Principle of Penal Laws. Will the principle protect Mr. Garcia from any criminal liability? Explain your answer by citing relevant laws or jurisprudence.




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Bar Review Question: Question: Mr. Garcia is a software engineer working for a reputable IT company in the Philippines.