Philippine Bar review · Question

Practice question: Intent and Motive

Multiple Choice Medium

Practice question

Three people could benefit from a victim’s death. The prosecution proves only that one accused was a beneficiary and no reliable participation evidence. What does motive doctrine require?
  1. No need for evidence of the act
  2. Automatic conviction of every beneficiary
  3. A presumption that the largest beneficiary killed
  4. Proof of the offense and participation beyond motive alone
  5. The accused must prove another beneficiary guilty

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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