Philippine Bar review · Question

Practice question: Intent and Motive

Multiple Choice Hard

Practice question

A legally punishable culpable felony is proved through the required negligence and causation. The accused says there was no wish to injure and therefore no possible liability. Which is best?
  1. All felonies require a desire for the injury
  2. Negligence automatically proves every intentional offense
  3. The absence of malicious design does not automatically exclude a properly established culpable felony; dolo and culpa must be distinguished
  4. A good personal reason always excuses negligence
  5. The victim must prove the accused enjoyed the harm

Legal references

  • https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — RPC Article 3: deliberate intent and fault.
  • https://lawphil.net/judjuris/juri1998/jan1998/gr_120921_1998.html — People v. Ballesteros, G.R. 120921, January 29, 1998, main decision: motive distinguished from intent and motive alone insufficient.
  • https://lawphil.net/judjuris/juri2023/mar2023/gr_228232_2023.html — Pineda v. People, G.R. 228232, March 27, 2023, main decision: intent, motive and culpable negligence.

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