Philippine Bar review · Question

Practice question: Intent and Motive

Multiple Choice Medium

Practice question

Reliable evidence proves a deliberate unlawful killing and the accused’s identity beyond reasonable doubt. The particular offense does not require a separately specified motive. The prosecution cannot explain the personal reason. What follows?
  1. The missing personal reason necessarily requires acquittal
  2. The accused is guilty solely because motive is unnecessary
  3. Absence of a proved personal motive does not by itself defeat otherwise sufficient proof of that offense
  4. Every possible motive must be disproved
  5. The court must invent a motive

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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