Philippine Bar review · Question

Practice question: Subjective Phase and Objective Phase

Multiple Choice Medium Jurisprudence

Practice question

The victim survives after hospital treatment. The prosecution argues treatment alone conclusively proves that all lethal acts had been completed before doctors intervened. Which is best?
  1. Every treated injury was necessarily fatal.
  2. A doctor’s involvement automatically ends every subjective phase.
  3. No injury can ever be treated unless death was certain.
  4. The offender’s preferred stage is conclusive.
  5. The actual medical and execution evidence must establish that proposition; survival after treatment alone is insufficient.

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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