Philippine Bar review · Question

Practice question: Spontaneous Desistance

Multiple Choice Medium

Practice question

An attacker stops before completing the necessary execution acts because a bystander pins his arms and prevents further attack. Is that alone spontaneous desistance?
  1. Yes, every stopping has the same cause
  2. Yes, physical restraint is always voluntary
  3. No; the stipulated stopping is imposed by outside intervention rather than the offender’s own free desistance
  4. Yes, because the attacker later says he feels sorry
  5. No offense can ever be attempted after intervention

Legal references

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

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