Philippine Bar review · Question

Practice question: Intent and Motive

Multiple Choice Hard

Practice question

The accused and victim were previously friendly, but reliable evidence proves the accused’s deliberate charged act and identity beyond reasonable doubt. The offense has no separate personal-motive element. The defense treats prior friendship as a categorical legal bar to conviction. Which is correct?
  1. Friends can never commit crimes against each other
  2. Prior friendship is relevant context but not an automatic negation of proved criminal intent and participation
  3. Prior friendship repeals the offense
  4. The prosecutor must invent hatred as an additional element
  5. Every friendly relationship supplies immunity

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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