Criminal Law Book II Quiz

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Questions and Answers

What is required for a conspiracy to be established in a criminal context?

At least two persons must agree to commit a felony. (correct)

The crime must involve theft.

Only one conspirator must be present at the crime scene.

The participants must have a clear plan before any action.

If a person proposes to commit a felony, what is this situation termed?

Moral assistance

Active participation

Proposal (correct)

Conspiracy

Which action does NOT contribute to establishing the presence of conspiracy?

Moral assistance

Active participation

Verbal agreements (correct)

Exercise of moral ascendency

In the scenario described, what was Bokingco's liability categorized as?

Homicide Signup and view all the answers

What is true about moral ascendency in the context of conspiracy?

It can influence others to commit crimes. Signup and view all the answers

What does NOT constitute active participation in a crime?

Simply observing the crime Signup and view all the answers

What must all conspirators do in relation to the crime?

Be physically present at the crime scene. Signup and view all the answers

Which of the following defines the exception to being principal by inducement?

Influencing others while not present Signup and view all the answers

What is the relationship status that qualifies a relative for self-defense under Art. 11(2) in the context provided?

Relatives by affinity Signup and view all the answers

Which of the following is NOT one of the necessary elements for considering self-defense in this context?

The victim was provoked Signup and view all the answers

In a situation where a father-in-law is involved, which element confirms the establishment of self-defense?

The father-in-law's life was in imminent danger Signup and view all the answers

What is the consequence if a subordinate acts on an unlawful order from a superior?

The subordinate will be criminally liable Signup and view all the answers

Which situation would classify an individual as concealing the effects of a crime?

Destroying evidence or hiding a weapon Signup and view all the answers

Under the provided content, which type of felony specifically does NOT allow for harboring or concealing offenders by public officers?

Light felonies Signup and view all the answers

What must be true for a subordinate to avoid criminal liability when carrying out a superior's order?

The order must be for a lawful purpose Signup and view all the answers

Which of the following defines a situation where the use of self-defense is justified according to the elements provided?

If the life of a close relative is in danger Signup and view all the answers

Why is C's argument that it was an impossible crime of Murder considered not meritorious?

C is a co-conspirator regardless of who executed the crime. Signup and view all the answers

What does Sec. 26 of RA 9165 imply about conspiracy?

Conspiracy is applicable in violations of the law. Signup and view all the answers

What happens if the accomplice acts simultaneously with the principal in a crime?

Both parties may be adjudicated as co-conspirators. Signup and view all the answers

In what situation may the RPC not apply to a violation?

When there's a legal impossibility. Signup and view all the answers

What principle allows for the suppletory application of the RPC in RA 9262?

There is no explicit prohibition against its application. Signup and view all the answers

What is the implication of Art. 10 of the RPC regarding violations of the Special Penal Laws (SPL)?

RPC may apply suppletorily to SPL violations. Signup and view all the answers

What is Y's legal status after instructing X not to interfere in the altercation?

Y is considered a co-conspirator. Signup and view all the answers

Which statement is true regarding the application of B.P.Blg. 22?

It does not expressly exclude the RPC's application. Signup and view all the answers

What is required for an act to be considered attempted rape?

There must be intent to have carnal knowledge with the victim. Signup and view all the answers

Which of the following describes acts of lasciviousness?

Touching the intimate parts of the victim without intent to penetrate. Signup and view all the answers

In law, what is implied conspiracy?

A spontaneous, unplanned simultaneous act by offenders. Signup and view all the answers

What differentiates attempted and frustrated felonies?

An attempted felony has not been completed while intent is present. Signup and view all the answers

What is the legal outcome if none of the elements of a felony are present?

The act may be classified as a different felony. Signup and view all the answers

What is the general rule regarding conspiracy and proposal under the law?

Conspiracy and proposal are not punishable unless specifically stated by law. Signup and view all the answers

What condition qualifies as the consummation of an act under the law?

Completion of all elements of the felony. Signup and view all the answers

Which circumstance can lead to the classification of failed execution of a crime?

There was spontaneous desistance by the offender. Signup and view all the answers

What was Abartha's reaction upon discovering his wife with another man?

He borrowed a weapon to retaliate. Signup and view all the answers

What is the legal implication for Abartha after he killed his wife's paramour?

He is charged with murder and two counts of frustrated murder. Signup and view all the answers

What does Article 247 of the Revised Penal Code pertain to?

Justification of killing in the act of infidelity. Signup and view all the answers

What cycle is described as the phase where minor battering occurs?

The Tension-building phase. Signup and view all the answers

What typically happens in the Acute battering incident phase?

Battering becomes severe and destructive. Signup and view all the answers

Under what condition might a spouse face no criminal or civil liability?

If they are engaged in self-defense. Signup and view all the answers

What does the relationship between Abartha and the deceased's property imply?

The widow retains ownership of pre-marital assets. Signup and view all the answers

In the context of Battered Woman Syndrome, which participants in the violence cycle are included?

The victim and abuser, including their families. Signup and view all the answers

Study Notes

Criminal Law Concepts

The presence of all felony elements leads to consummation; lack of any element may result in attempted or frustrated acts.
Physical immaturity of the victim can affect legal interpretation regarding intent and completion of crimes.
Acts of lasciviousness indicate an absence of intent for carnal knowledge.

Conspiracy and Proposal

General Rule: Conspiracy and proposal are not punishable unless specifically stated in law.
Exception: Conspiracy applies if there is active participation or moral assistance in the crime.
A principal by induction is not established if there is no prior agreement.

Nature of Crimes

Arson is completed once property is set on fire; no concept of frustrated arson exists.
Different intents, such as murder versus robbery, prevent establishing conspiracy in simultaneous actions.

Criminal Liability

Individuals can be liable for homicides even if they are not present at the crime scene if involved in conspiracy.
Evidence of a conspiracy can exist even under specific provisions like RA 9165 (Comprehensive Dangerous Drugs Act).

Self-defense and Justifiable Actions

Co-conspirators remain criminally liable for crimes committed during conspiracy, regardless of individual actions.
A person acting in defense of a relative may have valid claims for self-defense under specific legal frameworks.

Battered Woman Syndrome

The cycle of violence includes phases:
- Tension-building phase: Victims attempt to prevent escalation of violence.
- Acute battering incident: The peak of violence where severe harm occurs, possibly leading to death.
Legal protections exist under RA 9262 for victims without criminal liability for actions taken during extreme stress situations.

Legal Relationships

Spousal or familial relationships create obligations and rights defined under law, affecting liabilities and penalties.

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Description

Test your understanding of the concepts outlined in Book II of criminal law, focusing on the elements of felonies and thresholds for physical acts. Explore the impact of immaturity and underdevelopment on legal definitions and execution of crimes. This quiz will challenge your grasp of the necessary legal criteria.