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?
- Article 12(7) expressly requires consideration of the proved lawful or insuperable cause.
- A duty can always be physically performed regardless of facts.
- The provision excludes every insuperable cause.
- Actual prevention is irrelevant.
- 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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