Practice question
A person performs the relevant acts intending to kill someone already dead, unknowingly. The act constitutes no separate offense on the stipulated facts. What must be analyzed?
- Inherent impossibility of the intended offense against persons, with the other requirements
- Automatic consummated homicide of a living person
- A rule that thought alone suffices
- Automatic acquittal solely because intent is evil
- A rule that every failed act is ordinary frustration
Legal references
- Revised Penal Code Articles4–5,8,16–22,59, specified provisions: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html Articles4(2) and59; no obsolete fine computation.
- Intod v CA GR103119 October21,1992 MAIN: https://lawphil.net/judjuris/juri1992/oct1992/gr_103119_1992.html
- Jacinto v People GR162540 July13,2009 MAIN: https://lawphil.net/judjuris/juri2009/jul2009/gr_162540_2009.html
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