Philippine Bar review · Question

Practice question: Actus Reus and Mens Rea

Multiple Choice Hard

Practice question

An accused claims an honest defensive mistake, but the evidence establishes that elementary precautions would have revealed the true facts and the mistake resulted from culpable negligence. The prosecutor says only an intentional offense or complete innocence is possible. What distinction is needed?
  1. Failure of the complete mistake defense does not dispense with separate analysis of dolo and any applicable culpa offense
  2. Every negligent mistake necessarily proves intentional murder
  3. All mistakes provide complete immunity
  4. Negligence and intent are legally identical
  5. The court must ignore the particular offense’s elements

Legal references

  • Revised Penal Code, Articles3-4 and49, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
  • United States v. Ah Chong, GR L-5272, March19 1910, mistake-of-fact principles: https://lawphil.net/judjuris/juri1910/mar1910/gr_l-5272_1910.html

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