Practice question
A person privately considers taking another's property but performs no punishable act or omission, overt execution, or separately punishable conduct. May the thought alone establish a completed theft?
- Yes; thought automatically transfers possession.
- No; the required prohibited conduct and other theft elements are absent.
- Yes; the police may replace the missing conduct.
- Yes; intent alone establishes every offense.
- No; because intent is never relevant to theft.
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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