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Under Article 3 of the revised penal code, felony is an act or omission which is punishable by law. The question is “An act or omission of the offender is not malicious. nor intentional. It is merely the incident or another's act performed without malice."
Under Article 3 of the revised penal code, felony is an act or omission which is punishable by law. The question is “An act or omission of the offender is not malicious. nor intentional. It is merely the incident or another's act performed without malice."
- Intentional Felony
- Culpable Felony (correct)
- Incidental Felony
- Accidental Felony
Which of these is NOT a requisite of “avoidance of greater evil or injury"?
Which of these is NOT a requisite of “avoidance of greater evil or injury"?
- That there be no practical or less harmful means of preventing it
- That the means used to avoid the injury is lawful (correct)
- That the evil sought to be avoided actually exists
- That the injury feared be greater than the injury done to avoid it
Which is NOT a common requisite in justifying self-defense, defense of a relative and defense of a stranger?
Which is NOT a common requisite in justifying self-defense, defense of a relative and defense of a stranger?
- reasonable necessity of the means employed to prevent or repel it
- the person defending be not induced by revenge, resentment, or other evil motive (correct)
- unlawful aggression
- none of these
What is the deliberate planning of an act before execution?
What is the deliberate planning of an act before execution?
Persons who are criminally liable, when having knowledge of the commission of a crime without having principally participated therein, take part subsequent to the commission of the crime. either in profiting, earnings, received, take delivery of, be given and/or obtained by the effects of the crime or concealing or destroying the body of the crime?
Persons who are criminally liable, when having knowledge of the commission of a crime without having principally participated therein, take part subsequent to the commission of the crime. either in profiting, earnings, received, take delivery of, be given and/or obtained by the effects of the crime or concealing or destroying the body of the crime?
Under the revised penal code, are negligence and imprudence considered crimes?
Under the revised penal code, are negligence and imprudence considered crimes?
Which of the following aggravating circumstances may NOT be offset by mitigating circumstances?
Which of the following aggravating circumstances may NOT be offset by mitigating circumstances?
The Head of a State or Ambassador can NOT be held criminally liable in another state or place of assignment under the principles of international law. This is an EXCEPTION to the general characteristics of criminal law which is:
The Head of a State or Ambassador can NOT be held criminally liable in another state or place of assignment under the principles of international law. This is an EXCEPTION to the general characteristics of criminal law which is:
In what instance can alibi (weakest defense) acquire commensurate strength in evidential value?
In what instance can alibi (weakest defense) acquire commensurate strength in evidential value?
A truck loaded with stolen boxes of rifles was on the way out of the checkpoint in South harbor surrounded by a tall fence when a security guard discovered the boxes on the truck. What crime was committed?
A truck loaded with stolen boxes of rifles was on the way out of the checkpoint in South harbor surrounded by a tall fence when a security guard discovered the boxes on the truck. What crime was committed?
What are those circumstances which are either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission?
What are those circumstances which are either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission?
There Is _____ if the killing was considered beforehand and that it was motivated by more than a simple desire to engage in an act of violence.
There Is _____ if the killing was considered beforehand and that it was motivated by more than a simple desire to engage in an act of violence.
Which of the following circumstances are considered mitigating?
Which of the following circumstances are considered mitigating?
Which of the following is an exempting circumstance?
Which of the following is an exempting circumstance?
Which is NOT a requisite before a court can validly exercise its power to hear and try a case?
Which is NOT a requisite before a court can validly exercise its power to hear and try a case?
This characteristic of criminal law is enounced In Article 366 of the Revised Penal Code: crimes are punished under the laws enforced at the time of their commission.
This characteristic of criminal law is enounced In Article 366 of the Revised Penal Code: crimes are punished under the laws enforced at the time of their commission.
Which characteristic of criminal law is described by the following statement: criminal laws are undertaken to punish crimes committed in Philippine territory?
Which characteristic of criminal law is described by the following statement: criminal laws are undertaken to punish crimes committed in Philippine territory?
What will be the effect on the criminal liability of the accused that was sane when he committed the crime, but becomes insane at the time of trial?
What will be the effect on the criminal liability of the accused that was sane when he committed the crime, but becomes insane at the time of trial?
What is the effect of the death of the offended party in a criminal action for libel?
What is the effect of the death of the offended party in a criminal action for libel?
Which of the following statement is NOT true?
Which of the following statement is NOT true?
Who is exempt in all cases? from criminal liability?
Who is exempt in all cases? from criminal liability?
Which of the following is a mitigating circumstance?
Which of the following is a mitigating circumstance?
Criminal law applies to all person who commit felonies in Philippine territory. The exception to this rule are except;
Criminal law applies to all person who commit felonies in Philippine territory. The exception to this rule are except;
Reclusion Perpetua is a penalty prescribed under the RPC while life imprisonment is a penalty under special laws, Reclusion Perpetua has accessories penalties life imprisonment has no accessory penalties; In Reclusion Perpetua, the accused is entitled to parole atter serving 30 years imprisonment. Life imprisonment has no fixed duration. This statement is:
Reclusion Perpetua is a penalty prescribed under the RPC while life imprisonment is a penalty under special laws, Reclusion Perpetua has accessories penalties life imprisonment has no accessory penalties; In Reclusion Perpetua, the accused is entitled to parole atter serving 30 years imprisonment. Life imprisonment has no fixed duration. This statement is:
Complex crimes or delito continuado or mandate that only one information should be filed against the offender; the term "continuing crime" is more pertinently used with reference to the-
Complex crimes or delito continuado or mandate that only one information should be filed against the offender; the term "continuing crime" is more pertinently used with reference to the-
Having sexual intercourse with a woman who is already dead but the offender thought that she was alive. Rape cannot be committed against dead woman. Rape is now a crime against persons under RA 8353. It is no longer a crime against chastity that it used to be under Art. 335 of the Revised Penal Code.
Having sexual intercourse with a woman who is already dead but the offender thought that she was alive. Rape cannot be committed against dead woman. Rape is now a crime against persons under RA 8353. It is no longer a crime against chastity that it used to be under Art. 335 of the Revised Penal Code.
Treachery is present in crimes against. persons only. Its essence is that the victim has no opportunity to defend or retaliate from the attack made by the offender. Thus, the accused had sexual intercourse with the victim who was sleeping and therefore had no chance to defend herself, is there treachery?
Treachery is present in crimes against. persons only. Its essence is that the victim has no opportunity to defend or retaliate from the attack made by the offender. Thus, the accused had sexual intercourse with the victim who was sleeping and therefore had no chance to defend herself, is there treachery?
Refers to that cause which is natural, is a continuous sequence, unbroken by any efficient superseding ground, produces the injury and without which result would not have occurred
Refers to that cause which is natural, is a continuous sequence, unbroken by any efficient superseding ground, produces the injury and without which result would not have occurred
It is the portion of he acts constituting the felony, starting from the point where the offender begins the commission of the crime to the point where he has control over his acts.
It is the portion of he acts constituting the felony, starting from the point where the offender begins the commission of the crime to the point where he has control over his acts.
Generally there are punishable only when they have been consummated, with the exemption of those crimes committed against persons or property.
Generally there are punishable only when they have been consummated, with the exemption of those crimes committed against persons or property.
A inflicted slight physical injuries to B without intention to inflict other injuries, B then attacked A is an example of:
A inflicted slight physical injuries to B without intention to inflict other injuries, B then attacked A is an example of:
Under our laws, what is the age of full responsibility?
Under our laws, what is the age of full responsibility?
When rape is committed and the victim was killed, the mandatory civil indemnification shall be:
When rape is committed and the victim was killed, the mandatory civil indemnification shall be:
Age of absolute irresponsibility.
Age of absolute irresponsibility.
Which among of the following may be considered as an alternative circumstance?
Which among of the following may be considered as an alternative circumstance?
X and Y stabbed Z in the process. X and Y are considered:
X and Y stabbed Z in the process. X and Y are considered:
It refers to those penalties expressly imposed by the court in the judgment of conviction
It refers to those penalties expressly imposed by the court in the judgment of conviction
In the crime of theft, the culprit is duty-bound to return the stolen property.
In the crime of theft, the culprit is duty-bound to return the stolen property.
Crimes punishable by correctional penalties; except those punishable by arresto mayor shall prescribe in how many years?
Crimes punishable by correctional penalties; except those punishable by arresto mayor shall prescribe in how many years?
It includes rivers, creeks, bay, gulfs, lakes, straits, coves lying wholly within the three mile limit of any nation.
It includes rivers, creeks, bay, gulfs, lakes, straits, coves lying wholly within the three mile limit of any nation.
It makes criminal act done before the passage of the law which was innocent when done, and punishes it.
It makes criminal act done before the passage of the law which was innocent when done, and punishes it.
Refers to one of the three equal portions, called minimum, medium and maximum of a divisible penalty.
Refers to one of the three equal portions, called minimum, medium and maximum of a divisible penalty.
Under RA 7659, the death penalty may be suspended when the accused is among the foregoing: except:
Under RA 7659, the death penalty may be suspended when the accused is among the foregoing: except:
Which among the foregoing is not a requisite for Dolo?
Which among the foregoing is not a requisite for Dolo?
Refers to the loss of the right of the state to prosecute the offender after certain lapse of time.
Refers to the loss of the right of the state to prosecute the offender after certain lapse of time.
Things which are wrongful in their nature.
Things which are wrongful in their nature.
Felonies punishable by death, reclusion perpetua and reclusion temporal shall prescribe in:
Felonies punishable by death, reclusion perpetua and reclusion temporal shall prescribe in:
Acts and omissions punishable by law.
Acts and omissions punishable by law.
Dolo
Dolo
Ariel intending to kill Jiggs to avenged lost honor, stabbed the latter three times in the chest, however due to prompt medical attention Jiggs was able to survive the attack, Ariel is liable for:
Ariel intending to kill Jiggs to avenged lost honor, stabbed the latter three times in the chest, however due to prompt medical attention Jiggs was able to survive the attack, Ariel is liable for:
When all the elements necessary for the execution and accomplishment of a felony are present it is said to be:
When all the elements necessary for the execution and accomplishment of a felony are present it is said to be:
It is a physical activity or deed, indicating the intention to commit a particular crime.
It is a physical activity or deed, indicating the intention to commit a particular crime.
Abberatio ictus refers to:
Abberatio ictus refers to:
Flashcards
Culpable Felony
Culpable Felony
An act or omission punishable by law where the offender's action is not malicious or intentional, but results from negligence or lack of foresight.
Premeditation
Premeditation
The deliberate planning of an act before it is executed, indicating premeditation and intent.
Accessories
Accessories
Individuals who, knowing about the commission of a crime without having directly participated, take part after the crime by profiting from it or concealing the body of the crime.
Alibi gaining strength
Alibi gaining strength
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Alternative circumstances
Alternative circumstances
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Express malice
Express malice
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Proximate Cause
Proximate Cause
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Light felonies
Light felonies
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Exempting Circumstance
Exempting Circumstance
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Retaliation
Retaliation
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Reclusion Perpetua
Reclusion Perpetua
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Prescription of Crimes
Prescription of Crimes
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Ex post facto law
Ex post facto law
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Formal Crime
Formal Crime
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Consummated Felony
Consummated Felony
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Study Notes
Criminal Law Fundamentals
- Felony is an act or omission punishable by law, per Article 3 of the Revised Penal Code
- A culpable felony occurs when the act or omission isn't malicious or intentional, but results from incident or malice-free act of another
- "Avoidance of greater evil or injury' doesn't require the means to avoid injury to be lawful
- A common requisite in justifying self-defense, defense of a relative, and defense of a stranger doesn't include the person defending not being induced by revenge or resentment
- Premeditation: the deliberate planning of an act before execution
Liabilities and Revised Penal Code
- Accessories are criminally liable, having knowledge of the commission of a crime but not principally participating, take part after the crime's commission by profiting, concealing, or destroying evidence
- Negligence and imprudence is considered crime under the revised penal code
- Treachery and Ignominy (disgrace) are aggravating circumstances, and cannot be offset by mitigating circumstances
Burden of Proof
- Alibi, the weakest defense, gains strength when it changes the burden of proof
Circumstances and Degrees of Guilt
- Alternative circumstances are those which are either aggravating or mitigating based on the nature and effects of the crime
- Express malice exists if a killing was considered beforehand, motivated by more than just a simple desire to engage in an act of violence
Mitigating and Exempting Circumstances
- Considered mitigating circumstances includes offender having no intention to commit so grave a wrong as that committed, being over 70 years old, and incomplete justifying/exempt service
- An exempting circumstance involves an act done under uncontrollable fear of equal or greater injury, in fulfillment of a duty, or lawful exercise of a right/office
Court Authority and Jurisdiction
- Requisites for a court to validly exercise power to hear and try a case includes jurisdiction over the subject matter, the person of the accused, and the territory where the offense was committed
Criminal Law Characteristics
- Crimes are punished under the laws enforced at the commission time
- Criminal laws punish crimes committed in the territory
Effects on Criminal Liability
- Criminal liability is territorial
- Accused, sane when committing the crime but insane at trial, their trial will be suspended until mental capacity is restored for a fair trial
- Death of the offended party in a criminal action for libel yields no effect at all
- In vindication, the grave offense must be made directly only to the person committing the felony
- In vindication, the vindication of the grave offense must be proximate and allow time between when the offense was done and the commission of the crime
- In provocation, provocation or threat must immediately precede the act, but cause bringing about provocation doesn't need to be a grave offense
Exemptions
- A person under nine years of age, an imbecile, and an insane are wholly exempt from criminal liability
Mitigating Circumstances
- A mitigating circumstance, having acted upon an impulse so powerful as naturally production and obfuscation
International Law and Criminal Liability
- Heads of State/Ambassadors cannot be held criminally liable in another state under principles of international law
- This immunity is an exception to the generality characteristic of criminal law (law applies to all within the territory)
- Exceptions to rule of criminal law applying to all within the Philippines includes those granted by treaty stipulations and principles of public international law
Reclusion Perpetua vs Life Imprisonment
- Reclusion Perpetua: penalty proscribed under the RPC with accessory penalties where the accused is entitled to parole
- Life Imprisonment: it is a penalty under special laws with no accessory penalties, and has no fixed duration
Crimes, and Continuing Crime
- The term "continuing crime" is more pertinently used with reference to the venue where the criminal action may be instituted
Rape
- Under RA 8353 is now a crime against persons
- Has made it no longer applicable to a dead person
Treachery
- The essence of treachery is that the victim has no opportunity to defend or retaliate from the attack made by the offender
- If there is no treachery because in treachery the victim must be fully awake
Refers to Causes
- Proximate cause: natural, continuous sequence, unbroken by any efficient superseding ground, produces the injury and without which result would not occur
Felony Phases and Considerations
- Objective Phase: acts constituting the felony, starting from the point where offender begins commission of the crime to the point where they have control over acts
- It is determined by nature of the offenses, elements constituting the felony, and manner of commission
Degrees of Felonies
- Light felonies are only punishable when consummated, with the exemption of those crimes committed against persons or property
Circumstances Affecting Liability
- Justifying are only punishable when they have been consummated, with the exception of those crimes committed against persons or property
- Retaliation example: One inflicts slight physical injuries to another without intent to inflict other injuries, but then attacks
Responsibility and Punishment
- The basis of this circumstance affecting liability is the complete absence of freedom of action, intelligence, intent or negligence on the part of the accused
- Age of full responsibility is 18 to 70 years of age
Civil Indemnification
- Mandatory civil indemnification when rape is committed and the victim was killed
Alternative Circumstances
- It may considered as an alternative circumstance: degree of instruction
- Principals, direct participation
Penalties
- Principal penalties includes restitution, for the crime of theft, the culprit is duty-bound to return stolen property
Prescription
- Crimes punishable by correctional penalties, except those punishable by arresto mayor, prescribe in 10 years
- It includes rivers, creeks, bay, gulfs, lakes, straits, and coves lying wholly within the three mile limit of any nation
Laws
- Ex post facto makes criminal an act done before the passage of the law which was innocent when done, and punishes it
Divisible Penalty
- Degree one of the three equal portions, called minimum, medium and maximum within a divisible penalty
Suspended Death Penalty
- Under RA 7659, the death penalty may be suspended when the accused is except for persons over 18 but under 21 years of age
Requisite for Dolo
- Freedom, is not a requisite for dolo
Loss of Prosecution
- Prescription of the crime, the loss of the right of the state to prosecute the offender after certain lapse of time
Criminal Nature
- Mala Inse: Things which are wrongful in their nature.
Felonies
- Punishable by death, reclusion perpetua and reclusion temporal prescribe in 20 years
Dolo is Equivalent to Crime
- Felonies
Attempted vs Frustrated Murder
- Frustrated Murder: Ariel stabbed Jiggs three times in the chest intending to kill him but Jiggs survived the attack due to prompt medical attention
When Felony Becomes Conssummated
- When all the elements necessary for the execution ad accomplishment of a felony present it is consummated
Intent
- An act is a physical activity or deed, indicating the intention to commit a particular crime
Aberratio Ictus
- Aberratio ictus refers to mistakes in the blow
Felonies
- Consummated Crimes: Crimes consummated in one instant or by single act
- Liability: The obligation or suffering of the consequences of crime.
- Imputability is where an act may be ascribed to a person as the author or owner
- Light felonies are the ones which the law imposes correctional nature penalties
When is a Felony Considered Grave
- Capital; Punishment or afflictive penalties
General Rule Un Cases Of Light Felons
- Consummated
When is Conspiracy considered to have taken place
- Agreement to commit a felony
Acts of Justifying Circumstances
- Justifying circumstances is free from civil and criminal liability except for a sale of necessity
Degrees of Nature
- Dolo is equivalent to the unlawful aggression of the immediate nature
Requisites for self defense
- D. Lack of intent on the part of the person defending himself, is not considered for self defense
Aggravating and Mitigating Circumstances
- Aggravating: which increase the penalty, without however exceeding the maximum of the penalty
- Law Punishment: Infraction to the law punishable by arresto menor or a fine not exceeding 200 pesos or both.
Aggravating Circumstances
- Treachery: aggravates circumstance which change the nature of the crime
- Specific: used to refer to aggravating circumstance which apply only to particular crimes.
Comfort
- Dwelling refers to a building or structure exclusively used for rest or comfort.
Armed Malefactors
- A Band is whenever more than three armed malefactors shall have acted together in the commission of an offense
Afflictive Penalty
- Fine is considered an inflictive penalty.
Legal Terms
- Recidivist: refers to a person who at the time of his trial for a crime shall have been previously convicted by final judgment of another crime embraced in the same title of RPC. Habiitual Delinquent: person who has within a period of 10 years from the date of release or last conviction is said to have been found guilty of the same offense particularly those of physical injuries, estafa, theft and robbery
- Quasi Recidivist: person who shall commit a felony while serving his sentence with a previous conviction
- The lack of a sufficient lapse of time is not among the requisites of evident premeditations Felony Deceit is it involves trickery and cunning on the part of the offender
- Accessory: is liable because she lends a bolo used to help murder someone as an accessory
- Those who hide away Evidences and profit: are said to be accessories
Liabilities and Punishments
- Family Relatives and Spouses: The following are exempt from criminal liability as accessories in cases that the principal should be the foregoing relatives, except cousins
- Capital punishment or maximum penalty imposed by law: Reclusion Perpetua Criminal Law Source: Act No. 3815, main primary law.
- Those punishable by Arresto Mayor: penalties shall prescribe in 5 years
- Penalties (Forfeiture of Right): The forfeiture of the right of the state to execute the final sentence after a certain lapse of time
Branches of Criminal Law
- Criminal law, the branch or division of law which defines crimes, treats of their nature and provide for their punishment.
Imprisonment
- Intermediate Sentence: refers to a sentence of imprisonment for the maximum period define by law subject to the termination by the parole board at any time after service of the sentence.
Effects of Actions
- Action for Effects: Refers to the purpose to use a particular means to affect such result. Stages of a Felony: But fails to perform all acts which should produce it: the development or stage refers to attempted
Act Definition
- Bodily Movement (External): Any bodily movement that tends to produce some effect in the external world.
Offenses (Time Length)
- Libel: Libel and other similar offenses shall prescribe in how many years? 1 year
Penalty
- Duration, Refers to entire penalty enumerated in the graduated scale of penalties
Special Law Acts (General)
- Mala Prohibita refers generally to acts made criminal by special laws
Felonies Cont
- Treachery Means and Methods: The main methods employed to insure its execution. Alevosia
- Morality: Ignominy, moral order, adding disgrace to the material injury caused by the crime.
- Mitigated circumstances: Relationships in crimes against persons
Aggravating Circumstance
- Inherent Aggravating Circumstance comes in the commission of the crime
- Principal: Poly stabbing Army is
- Emil persuades Jude to steal: The boss a principal by
Important Key Points to Criminal Law
- Municipal Law/Definitions and Punishments: Branch of municipal law which defines crimes, treats of their nature and provides for their punishment
- Characteristic - One of the following is not a characteristic of criminal law: Retroactive
- Sojourn/Law - Criminal law is binding on all person who reside or sojourn in the Philippines. This characteristic of criminal law is known as: Territorial
- Exceptions to Criminal Law - One of the characteristics of criminal law is generality. Which of the following is not an exception to the principle of Generality: Principles of Public International Law
- Immunity - Sovereigns and other chief of state is not immune from Philippine Criminal Law
Penal Law
- Territory: Penal laws of the Philippines are enforceable only within its territory. This characteristic of law is known as Territorial One of the following is not an exception to the territorial principle of criminal law: Crimes committed against public order. No Retroactive Effect: Criminal law does not have any retroactive effect. This characteristic of criminal law is known as Prospective.
- Exceptions to Criminal Law Characteristics: Law is favorable to the accused, is an exception to which characteristic of criminal law Retroactive Theory: is man's free will to choose between good and evil. The purpose of penalty is called Classical Theory
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