Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

The acts in a proper Article49 case also constitute an attempted offense carrying a higher penalty than the lower actual felony. All paragraph3 conditions are stipulated. May paragraph2 be applied without examining paragraph3?
  1. Yes, an actual result repeals every exception
  2. Yes, paragraph3 may always be ignored
  3. Yes, attempts can never matter
  4. Yes, only the intended offense’s name matters
  5. No

Legal references

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

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