Philippine Bar review · Question

Practice question: Preparatory and Overt Acts

Multiple Choice Hard

Practice question

A prosecutor proves only that a person watched a building and later bought ordinary tools. The record does not establish any direct act beginning entry, taking or another definite felony. No independent preparatory offense is charged or proved. The prosecutor asks the court to infer an attempted unspecified crime from general suspiciousness. Which is best?
  1. Suspiciousness always supplies a definite felony
  2. Any tool purchase is direct execution of every offense
  3. The direct overt acts and their necessary connection to a definite offense must be proved; the stipulated vague preparation is insufficient
  4. A court may convict of an indeterminate attempt
  5. The gravity of speculation removes Article6

Legal references

  • Cruz v.People, GR166441, October8,2014, overt-act discussion: https://lawphil.net/judjuris/juri2014/oct2014/gr_166441_2014.html

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