Philippine Bar review · Question

Practice question: Exempting Circumstances (See also RA 9208, Sec. 17, as amended; RA 9262, Sec. 26; RA 9344, Sec. 6, as amended by RA 10630)

Multiple Choice Hard Jurisprudence

Practice question

A person is under a legally imposed duty to perform an act, but an objectively insuperable obstruction actually prevents performance despite available lawful efforts. The required prevention is fully established. A prosecutor says the Code never recognizes impossibility of performance. Which is sound?
  1. Article 12(7) expressly requires consideration of the proved lawful or insuperable cause.
  2. A duty can always be physically performed regardless of facts.
  3. The provision excludes every insuperable cause.
  4. Actual prevention is irrelevant.
  5. Only the prosecutor’s preference controls.

Legal references

  • Revised Penal Code, Article 12(4)-(7), accident, force, fear and lawful or insuperable prevention (not the obsolete original juvenile-age paragraphs): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426

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