Philippine Bar review · Question

Practice question: Principal and Accessory Penalties

Multiple Choice Hard

Practice question

An innocent third party claims a lawful-commerce tool used in a felony. The authority proves ownership and nonliability but says every accessory forfeiture has no exceptions. What does Article45 require?
  1. Apply the express innocent-third-party exception rather than automatic forfeiture
  2. Every tool must be destroyed regardless of lawful commerce
  3. A third-party claim conclusively makes the owner guilty
  4. The conviction transfers all unrelated third-party assets
  5. The exception applies only to the offender’s own property

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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