Philippine Bar review · Question

Practice question: As a Criminal Act

Multiple Choice Hard

Practice question

One group agrees and decides to commit rebellion; another person decides to commit it and proposes execution to others. Neither underlying rebellion is carried out. A party argues that the absence of actual rebellion always removes every possible criminal act. Which is best?
  1. Article136 expressly penalizes the defined conspiracy and proposal to rebellion or insurrection; each charge depends on proof of its own elements
  2. No preparatory offense can exist
  3. Every discussion proves both offenses automatically
  4. The participants need not have any criminal decision
  5. The court must convict of consummated rebellion regardless of facts

Legal references

  • RA10951, Section6, amended Article136; RPC Article8: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html

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