Practice question
Two attacks are compared. In A, an external restraint prevents necessary execution acts from being completed. In B, all lethal execution acts and a mortal wound are proved, but independent treatment saves the victim. The prosecutor says both must be attempted because no death occurred. Which is best?
- Survival alone is insufficient: A involves incomplete subjective execution, while B has completed it and fits frustrated-stage analysis if all other conditions are proved
- Every surviving victim necessarily means attempted stage
- A mortal wound can never matter
- The number of defendants alone controls
- Medical proof must always be ignored
Legal references
- Revised Penal Code Article6; Valenzuela GR160188: https://lawphil.net/judjuris/juri2007/jun2007/gr_160188_2007.html
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