Practice question
A bystander blocks completion of an attack. Months later the victim signs a document called an affidavit of desistance. Does that document alone prove the offender originally stopped spontaneously?
- Yes; it automatically changes the earlier historical cause.
- The document necessarily proves no bystander existed.
- The word desistance has only one possible legal function.
- No.
- Every later signature erases the execution facts.
Legal references
- Revised Penal Code, Articles 6-8 and 304-305 (cited provisions): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
- Penaranda v. People, G.R. No. 214426, December 2, 2021, main decision: https://lawphil.net/judjuris/juri2021/dec2021/gr_214426_2021.html
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