Philippine Bar review · Question

Practice question: Felony and Crime, Defined and Distinguished

Multiple Choice Hard

Practice question

A person privately wishes harm on another but performs no act of execution, makes no punishable agreement or proposal, and commits no legally punishable omission. A prosecutor asks the court to invent an RPC offense because the wish is reprehensible. What is correct?
  1. Every immoral wish is automatically an RPC felony
  2. The court may create a felony by analogy whenever no statute exists
  3. On the stipulated facts there is no punishable act or omission establishing a felony; moral condemnation does not replace penal legislation
  4. The person must prove innocence by changing private opinions
  5. A court may impose any punishment before a law exists

Legal references

  • https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Revised Penal Code Articles3,5,10 and21: punishable acts and omissions, dolo/culpa, special-law distinction and prior penal legislation.
  • https://lawphil.net/judjuris/juri1994/jul1994/gr_93028_1994.html — People v. Simon, G.R. 93028, July 29, 1994, main decision: source of offense and penalty; borrowing RPC nomenclature does not itself convert a special-law offense into an RPC offense.
  • https://lawphil.net/judjuris/juri2007/apr2007/gr_160959_2007.html — Diaz v. Davao Light and Power Co., G.R. 160959, April 3, 2007, main decision: distinction between a felony under the RPC and a special-law crime.
  • https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html — RA 10951 section 1, amended Article 9: current light-felony fine threshold, used below the PHP 40,000 boundary.

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