Practice question
A complainant’s later affidavit concerns whether to pursue a case, while independent proof shows the offender was physically prevented from finishing the intended acts. The defense conflates the two uses of desistance. Which is sound?
- The affidavit conclusively establishes the offender’s earlier free choice.
- Keep the complainant’s procedural act separate from Article 6’s execution-based inquiry.
- The term’s spelling controls regardless of context.
- A private document automatically reverses all historical facts.
- No evidence of external restraint may be considered.
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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