Practice question
A penal provision expressly requires a knowing act. The prosecution proves the accused physically performed the act but concedes that the required knowledge was not proved. It argues that every physical act automatically supplies any mental element stated in the law. Which is correct?
- Physical action conclusively proves all knowledge in every statute.
- The mental requirement may be ignored if prosecution is difficult.
- Every special penal law necessarily lacks a mental element.
- The court may replace the statute with a different offense to secure conviction.
- The expressly required knowledge must still be proved; the physical act alone does not automatically establish it.
Legal references
- https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Revised Penal Code Article3.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69216 — Amarille v. People, G.R.256022, August7 2023, MAIN opinion on actus reus, mens rea, and good-faith claim of ownership; not appended concurrence.
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