Philippine Bar review · Question

Practice question: Continuous/Continued Crime (Delito Continuado) vs. Continuing/Transitory Crime

Multiple Choice Medium

Practice question

Two acts are stipulated to be partial execution of one indivisible obstruction design concerning the same preliminary investigation, as in Navaja. Does merely assigning separate dates conclusively defeat the doctrine?
  1. No
  2. Yes; calendar separation is always decisive
  3. Yes; each document must always be a separate offense
  4. Yes; purpose and provision are irrelevant
  5. Yes; the doctrine applies only to one physical movement

Legal references

  • Navaja v De Castro GR180969 September11,2017 MAIN, single preliminary-investigation obstruction design: https://lawphil.net/judjuris/juri2017/sep2017/gr_180969_2017.html
  • Rule110 Section15(a), place of institution and trial: https://lawphil.net/courts/rules/rc_110-127_crim.html

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