Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

In a case properly governed by Article49(2), the committed felony has the lower penalty than the intended offense. Which penalty does that paragraph use?
  1. The penalty for the felony actually committed, in its maximum period
  2. Always the higher intended-offense penalty
  3. Automatic acquittal
  4. Only a warning
  5. Any penalty chosen by the prosecutor

Legal references

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

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