Philippine Bar review · Question

Practice question: Actus Reus and Mens Rea

Multiple Choice Medium

Practice question

An accused knows all material facts but merely believes the law permits an otherwise prohibited intentional act. Is that necessarily the same as Ah Chong’s mistake about facts?
  1. Yes, the accused may rewrite the legal prohibition
  2. Yes, ignorance of law and mistake of fact are identical
  3. Yes, every legal misunderstanding automatically excuses
  4. Yes, no factual error is ever needed
  5. No

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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