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Question

Criminal Liability - Article 4(1): Actus Reus and Mens Rea, Objective and Subjective Elements

Alice was walking down the street when she noticed an unattended bag sitting on a park bench. Curiosity got the better of her, and she decided to open the bag to see its contents. Inside, she found a large sum of money. Thinking it was an opportunity, Alice took the money and went on a shopping spree.

Unbeknownst to Alice, the bag belonged to Bob, who accidentally left it behind while taking a phone call nearby. Bob reported the incident to the police, who initiated an investigation to track down the thief.

Discuss the criminal liability of Alice in this situation, focusing on the concepts of actus reus and mens rea, as well as the objective and subjective elements. Is Alice criminally liable for her actions? Justify your answer with reference to relevant Philippine laws and precedents.

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Answer