Philippine Bar review · Question

Practice question: Actus Reus and Mens Rea

Multiple Choice Easy

Practice question

Does the complete Ah Chong defense allow a mistake produced by the actor’s own negligence to be ignored?
  1. Yes, negligence is always irrelevant
  2. No
  3. Yes, all mistakes necessarily excuse every offense
  4. Yes, only a verbal assertion is needed
  5. Yes, the mental element can never be examined

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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