Philippine Bar review · Question

Practice question: Intent and Motive

Multiple Choice Hard

Practice question

A case contains reliable circumstantial proof of participation and a supported motive. The defense says motive is never relevant because it is not ordinarily an essential element. What correction is needed?
  1. Not ordinarily being an element does not make motive irrelevant as contextual evidence; the complete proof must still establish guilt
  2. Motive is always inadmissible
  3. Motive alone conclusively proves guilt
  4. Context may replace every criminal element
  5. A missing personal reason always requires acquittal

Legal references

  • People v. Ballesteros, GR120921, January29 1998, main decision, intent and motive: https://lawphil.net/judjuris/juri1998/jan1998/gr_120921_1998.html
  • Revised Penal Code, Articles3-4 and49, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html

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