2026 Philippine Bar Exam

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2026 Bar Exam in 87 days · Sep 6, 9 & 13, 2026

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Stages of Execution · Art. 6 Critical · wt 0.50

A stabbed B three times intending to kill him. B was rushed to the hospital and survived only because of the timely intervention of a surgeon. What stage of execution was reached? Distinguish from the other stages and explain the legal basis for your conclusion.

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Score: 94 / 100 · Stages of Execution · +20 XP
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The crime reached the frustrated stage. Under Art. 6 of the RPC, a felony is frustrated when the offender performs all acts of execution but the crime does not result by reason of causes independent of his will. A performed all acts — three stab wounds — but B survived due to timely surgery, independent of A's will. This is distinguished from attempted felony where not all acts are yet performed.
AI feedback
Correct identification of frustrated felony. Art. 6 citation is accurate and the distinction from attempted is well-drawn.

Correct: All acts ✓ · Cause independent ✓ · Distinction from attempted ✓

Minor gap: Did not mention the subjective phase test under Valenzuela.

Add: "The subjective phase was completed once A delivered the final blow — spontaneous desistance was no longer possible."