Practice question
An assailant pauses behind a wall only to reload, maintains the plan to continue immediately, and is arrested before returning. He identifies the pause as a completed spontaneous abandonment. Which is best?
- The stipulated tactical continuation is not the freely abandoned execution he asserts.
- Every concealment necessarily proves permanent retreat.
- Reloading establishes abandonment as a matter of law.
- The arrest automatically becomes a private voluntary choice.
- A temporary tactical pause always extinguishes the intended felony.
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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