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Philippine Bar review · Question

Practice question: Principal and Accessory Penalties

Multiple Choice Medium

Practice question

A crime instrument belongs to an innocent third person not liable for the offense and is in lawful commerce. Does Article45 categorically require forfeiture despite that express exception?
  1. No
  2. Yes; every third-party item must be forfeited
  3. Yes; innocence is expressly irrelevant
  4. Yes; lawful ownership automatically creates guilt
  5. Yes; all lawful property must be destroyed

Legal references

  • Revised Penal Code specified Articles25,27,34–35,42–45,53–57: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html Articles42–45, principal penalties and statutory accessories.

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