Philippine Bar review · Question

Practice question: Preparatory and Overt Acts

Multiple Choice Medium

Practice question

With proved intent to kill, an assailant begins a direct knife thrust toward the victim, but a bystander restrains the arm before the intended injury. What is relevant to the preparatory-versus-overt-act inquiry?
  1. The conduct must remain a mere thought forever
  2. The direct attack has crossed beyond mere preparation; the remaining stage elements must then be assessed
  3. Only the knife’s purchase price matters
  4. A bystander’s intervention makes the prior act disappear
  5. Intent alone automatically proves consummated homicide

Legal references

  • Revised Penal Code Article6: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html

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