Philippine Bar review · Question

Practice question: Impossible Crime

Multiple Choice Easy

Practice question

Which can explain the nonproduction of the intended offense under Article 4(2)?
  1. The offender merely changes personal preference before any act
  2. The act is inherently impossible or the means are essentially inadequate or ineffectual
  3. The trial is held on a weekday
  4. The victim later forgives the offender
  5. The accused dislikes the prosecutor

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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