Philippine Bar review · Question

Practice question: Actus Reus and Mens Rea

Essay Hard

Practice question

Distinguish knowing the facts but misunderstanding the legal prohibition from an honest nonnegligent mistake about facts that would justify the act.

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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