Practice question
The stipulated circumstances establish an honest factual belief, freedom from negligence and an act that would be lawful on those supposed facts. The prosecution nevertheless relies only on the fatal result to prove the required intentional wrongdoing. What is the analytical error?
- Every fatal result conclusively establishes dolo
- The result is being treated as a substitute for the legally required mental element despite the qualifying mistake
- Mental elements disappear whenever harm is grave
- No court may consider the actor’s factual perception
- All injuries prove every crime automatically
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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