Philippine Bar review · Question

Practice question: All except Arts. 290–292

Multiple Choice Hard

Practice question

A custodian abandons a six-year-old entrusted to him. The child’s life is endangered but the child survives. All Article276 elements are proved and no more serious offense is assumed. The defense says survival necessarily defeats Article276. Which response is correct?
  1. Article276 expressly addresses danger to life even without resulting death
  2. Only death can establish the offense
  3. A six-year-old is outside the provision
  4. Custody is irrelevant
  5. Survival automatically supplies consent

Legal references

  • Revised Penal Code relevant substantive provisions: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html Articles273–275.
  • RA10951 current amended provisions: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html Articles271 and276.

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