Practice question
Does proof of a deliberate physical movement necessarily prove deliberate criminal intent where a qualifying honest factual mistake is established?
- Only physical harm matters
- Yes, every movement has every criminal mental element
- No
- A factual mistake is never relevant
- A lawful assumed situation automatically becomes criminal
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
Answer this question in flashcards to review your response and continue practicing.