Philippine Bar review · Question

Practice question: Aberratio Ictus; Error In Personae; Praeter Intentionem

Multiple Choice Hard

Practice question

A case is properly governed by Article49. The committed felony has a lower penalty, but the same established acts constitute a frustrated offense with a higher applicable penalty. No other rule changes the stated application. Which penalty-period combination does paragraph3 prescribe?
  1. The higher frustrated-offense penalty in its maximum period
  2. The lower actual-felony penalty automatically in minimum
  3. The higher penalty automatically in minimum
  4. A penalty invented by analogy
  5. No penalty because the plan failed in part

Legal references

  • Revised Penal Code, Articles3-4 and49, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html

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