Podcast
Questions and Answers
What is required for a conspiracy to be established in a criminal context?
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?
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?
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?
In the scenario described, what was Bokingco's liability categorized as?
What is true about moral ascendency in the context of conspiracy?
What is true about moral ascendency in the context of conspiracy?
What does NOT constitute active participation in a crime?
What does NOT constitute active participation in a crime?
What must all conspirators do in relation to the crime?
What must all conspirators do in relation to the crime?
Which of the following defines the exception to being principal by inducement?
Which of the following defines the exception to being principal by inducement?
What is the relationship status that qualifies a relative for self-defense under Art. 11(2) in the context provided?
What is the relationship status that qualifies a relative for self-defense under Art. 11(2) in the context provided?
Which of the following is NOT one of the necessary elements for considering self-defense in this context?
Which of the following is NOT one of the necessary elements for considering self-defense in this context?
In a situation where a father-in-law is involved, which element confirms the establishment of self-defense?
In a situation where a father-in-law is involved, which element confirms the establishment of self-defense?
What is the consequence if a subordinate acts on an unlawful order from a superior?
What is the consequence if a subordinate acts on an unlawful order from a superior?
Which situation would classify an individual as concealing the effects of a crime?
Which situation would classify an individual as concealing the effects of a crime?
Under the provided content, which type of felony specifically does NOT allow for harboring or concealing offenders by public officers?
Under the provided content, which type of felony specifically does NOT allow for harboring or concealing offenders by public officers?
What must be true for a subordinate to avoid criminal liability when carrying out a superior's order?
What must be true for a subordinate to avoid criminal liability when carrying out a superior's order?
Which of the following defines a situation where the use of self-defense is justified according to the elements provided?
Which of the following defines a situation where the use of self-defense is justified according to the elements provided?
Why is C's argument that it was an impossible crime of Murder considered not meritorious?
Why is C's argument that it was an impossible crime of Murder considered not meritorious?
What does Sec. 26 of RA 9165 imply about conspiracy?
What does Sec. 26 of RA 9165 imply about conspiracy?
What happens if the accomplice acts simultaneously with the principal in a crime?
What happens if the accomplice acts simultaneously with the principal in a crime?
In what situation may the RPC not apply to a violation?
In what situation may the RPC not apply to a violation?
What principle allows for the suppletory application of the RPC in RA 9262?
What principle allows for the suppletory application of the RPC in RA 9262?
What is the implication of Art. 10 of the RPC regarding violations of the Special Penal Laws (SPL)?
What is the implication of Art. 10 of the RPC regarding violations of the Special Penal Laws (SPL)?
What is Y's legal status after instructing X not to interfere in the altercation?
What is Y's legal status after instructing X not to interfere in the altercation?
Which statement is true regarding the application of B.P.Blg. 22?
Which statement is true regarding the application of B.P.Blg. 22?
What is required for an act to be considered attempted rape?
What is required for an act to be considered attempted rape?
Which of the following describes acts of lasciviousness?
Which of the following describes acts of lasciviousness?
In law, what is implied conspiracy?
In law, what is implied conspiracy?
What differentiates attempted and frustrated felonies?
What differentiates attempted and frustrated felonies?
What is the legal outcome if none of the elements of a felony are present?
What is the legal outcome if none of the elements of a felony are present?
What is the general rule regarding conspiracy and proposal under the law?
What is the general rule regarding conspiracy and proposal under the law?
What condition qualifies as the consummation of an act under the law?
What condition qualifies as the consummation of an act under the law?
Which circumstance can lead to the classification of failed execution of a crime?
Which circumstance can lead to the classification of failed execution of a crime?
What was Abartha's reaction upon discovering his wife with another man?
What was Abartha's reaction upon discovering his wife with another man?
What is the legal implication for Abartha after he killed his wife's paramour?
What is the legal implication for Abartha after he killed his wife's paramour?
What does Article 247 of the Revised Penal Code pertain to?
What does Article 247 of the Revised Penal Code pertain to?
What cycle is described as the phase where minor battering occurs?
What cycle is described as the phase where minor battering occurs?
What typically happens in the Acute battering incident phase?
What typically happens in the Acute battering incident phase?
Under what condition might a spouse face no criminal or civil liability?
Under what condition might a spouse face no criminal or civil liability?
What does the relationship between Abartha and the deceased's property imply?
What does the relationship between Abartha and the deceased's property imply?
In the context of Battered Woman Syndrome, which participants in the violence cycle are included?
In the context of Battered Woman Syndrome, which participants in the violence cycle are included?
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.
