Philippine Bar review · Question

Practice question: Actus Reus and Mens Rea

Multiple Choice Easy

Practice question

Under Ah Chong’s mistake-of-fact principle, must the conduct have been lawful if the facts were as the accused honestly supposed?
  1. Yes
  2. No, a mistaken plan to commit an admitted crime is always excused
  3. Only the actor’s preferred result matters
  4. Only the victim’s name matters
  5. No factual belief can ever affect intent

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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