Philippine Bar review · Question

Practice question: Proximate Cause

Multiple Choice Hard

Practice question

Two events precede a death: a proved assault and an unrelated earlier health episode. Experts establish that the assault materially accelerated the fatal process and remained causally connected; no efficient intervening cause exists. The accused demands proof that the health episode played no role at all. Is that demand correct?
  1. Yes, every concurrent condition excludes causation
  2. No; the law does not require the proved assault to be the sole contributing condition
  3. Yes, any earlier illness proves the assault irrelevant
  4. Yes, cause must be exclusive in every case
  5. Yes, the accused may ignore the acceleration evidence

Legal references

  • Revised Penal Code, Articles3-4 and49, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
  • Quinto v. Andres, GR155791, March16 2005, main decision, criminal causation: https://lawphil.net/judjuris/juri2005/mar2005/gr_155791_2005.html

Answer this question in flashcards to review your response and continue practicing.