Practice question
A prosecutor calls an assault’s final movement the “last act” solely because the assailant stopped moving. No proof connects that stopping point to completion of all acts necessary to produce the intended result. Which is best?
- Every pause proves all necessary execution complete.
- The end of observed movement and the legal end of the subjective phase must be distinguished.
- The last movement automatically supplies every missing element.
- The prosecution’s terminology is conclusive.
- All offenses are frustrated whenever an actor leaves.
Legal references
- Revised Penal Code, Articles 6-8 and 304-305 (cited provisions): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
- Serrano v. People, G.R. No. 175023, July 5, 2010, main decision, proof of wound gravity and execution stage: https://lawphil.net/judjuris/juri2010/jul2010/gr_175023_2010.html
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