Philippine Bar review · Question

Practice question: Preparatory and Overt Acts

Multiple Choice Hard

Practice question

Two people discuss committing a particular felony in the future but stop without any act directly beginning its execution. The prosecution identifies no law specially penalizing that conspiracy or proposal and claims Article8 makes every agreement independently criminal. Which is best?
  1. Every agreement completes every felony
  2. An overt-act requirement never applies
  3. The prosecutor may choose a penalty by analogy
  4. Article8 expressly limits punishment of conspiracy or proposal to specially penalized cases; the facts do not automatically establish an attempt either
  5. No preparatory conduct can ever be separately criminalized

Legal references

  • Revised Penal Code Articles6 and8: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html

Answer this question in flashcards to review your response and continue practicing.