Practice question
A person intending to poison another administers a substance believed lethal. It is completely harmless and inherently incapable of producing the intended harm, which does not occur. Assume the performed acts otherwise satisfy the doctrine and constitute no separate offense. What is the relevant Article 4(2) basis?
- The victim’s motive
- Essentially inadequate or ineffectual means
- A necessarily consummated killing
- A mandatory finding of no evil intent
- An ordinary successful poisoning
Legal references
- https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — RPC Articles4(2),6 and59: impossible objective or means distinguished from stages of a possible felony.
- https://lawphil.net/judjuris/juri1992/oct1992/gr_103119_1992.html — Intod v. Court of Appeals, G.R. 103119, October 21, 1992, main decision: factual and legal impossibility, absent intended victim and empty-pocket example.
- https://lawphil.net/judjuris/juri2009/jul2009/gr_162540_2009.html — Jacinto v. People, G.R. 162540, July 13, 2009, main decision: evil intent, impossible taking of a worthless check and distinction from a separate criminal scheme.
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