Philippine Bar review · Question

Practice question: Attempted, Frustrated, and Consummated Stages

Multiple Choice Hard

Practice question

A prosecutor claims that every felony necessarily has three separately punishable stages, and therefore a person who completed theft but could not dispose of the goods must be convicted of frustrated theft. Which is best?
  1. The general stage definitions must be applied to each offense’s elements; they do not guarantee a frustrated stage in every felony
  2. Three stages always exist in every offense
  3. Theft is never consummated
  4. Free disposal is always the sole taking element
  5. A prosecutor’s stage label overrides the statute

Legal references

  • Revised Penal Code Article6; Valenzuela GR160188: https://lawphil.net/judjuris/juri2007/jun2007/gr_160188_2007.html

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